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Justification for Exceeding 1.0 Percent State-level Cap on New York State Alternate Assessment (NYSAA) Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports

March 14, 2024
  • All local educational agencies (LEAs) (i.e., public school districts and special act school districts) must review their 2022-2023 NYSAA participation data posted on the Office of Special Education (OSE) NYSAA webpage to determine if they exceed the 1.0 percent State-level cap under the Every Student Succeeds Act (ESSA) on the percentage of students who may be assessed with an alternate assessment aligned with alternate academic achievement standards (i.e., NYSAA in New York State).  LEAs that exceed 1.0 percent participation in one or more subject area(s) (i.e., English language arts, mathematics, science) on the NYSAA are indicated in red.
  • LEAs exceeding 1.0 percent must provide information justifying the need to assess more than 1.0 percent of its students with the NYSAA through the Justification for Exceeding 1.0 Percent State-level Cap on New York State Alternate Assessment (NYSAA) Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports (2022-2023 NYSAA Participation Data) form in the IRS Data Exchange (IDEx). 
  • Additionally, LEAs whose 2022-2023 NYSAA participation data exceeded the 1.0 percent State-level cap are required to participate in the Tier 1 Universal and Technical Assistance and Supports activities described in Section II of the form and provide assurance of completion of these activities.
  • The completed NYSAA Justification and Assurance form must be submitted via IDEx no later than April 30, 2024.  
  • Additional information, including a description of the required Tier 1 activities, information on how NYSAA participation data were calculated, and guidance on accessing the IDEx form, can be found on the OSE NYSAA webpage
  • Questions relating to the 1.0 percent NYSAA State-level cap and the form may be directed to the OSE Policy Unit at speced@nysed.gov. Questions regarding the NYSAA participation data or about IDEx may be directed to the Office of Information and Reporting Services at datasupport@nysed.gov.