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Appeals, Safety Nets, and Superintendent Determination

This page contains information regarding Appeals, Safety Nets, and Superintendent Determination.


All New York State students are eligible to appeal a lower score on a Regents examination if they meet the following criteria:

  • have taken the Regents examination under appeal at least two times;
  • have at least one score on the Regents examination under appeal within the point range appropriate for the appeal:
All student appeal 60-64
English language learners seeking appeals in ELA only * 55-59
Students with disabilities eligible for the low-pass safety net 52-54
  • have taken advantage of academic help provided by the school in the subject tested by the Regents examination under appeal;
  • have passed the course for which the appeal is being sought; and
  • have been recommended for an exemption to the graduation requirement by the student’s teacher or Department chairperson in the subject of the Regents examination under appeal.

* Note:  In order to be eligible for the Local Diploma via Appeal for English Language Learners, the student must have entered the United States in high school (grade 9 or after) and must still be identified as an English Language Learner during the 2nd attempt at passing the English Regents exam.

Appeal resources include:

Safety Nets

Students with disabilities have three safety net options available to support acquisition of the local diploma.  Safety net options include:

  • Low Pass Safety Net
    • Under this safety net, a score of 55-64 constitutes a passing score on a required Regents exam.
  • Low Pass Safety Net with Appeal
    • Under this option, students with disabilities may appeal up to two Regents exam scores of 52-54.
  • Compensatory Safety Net
    • This option enables students to compensate a Regents exam score of 65 or above for a Regents exam score between 45 and 54.  Each high score may compensate for a low score.  This option only applies to lower scores on Regents exams in social studies and science.  Students must earn at least a 55 (or be granted an appeal in the range of 52-54) on their English language arts and mathematics Regents exams.
    • Example:
Required Regents Exam or Pathway Score
English Language Arts  60
Algebra I 55
Living Environment 70
US History 46
CDOS Commencement Credential earned

Rationale:  This student can use the compensatory safety net option.  The student earned scores of 55 or above on both English Language Arts and Algebra I (mathematics) Regents exams. The student’s score of 70 in Living Environment compensates for the lower score of 46 in US History.

Safety Net resources include:

Superintendent Determination

Students with a disability who are unable to attain a local diploma through the various safety net provisions may be eligible for a Superintendent Determination of a local diploma.

Superintendent Determination resources include:

For further questions and comments, email: (general questions) or (questions related to graduation requirements) or call (518) 474-5922.