Appeals, Safety Nets, and Superintendent Determination

This page contains information regarding Appeals (both traditional and special), Safety Nets, and Superintendent Determination.

Appeals

Special Appeals

• The student must have taken the Regents Examination during the June 2022, August 2022, January 2023, June 2023, or August 2023 test administration periods.
• The student must have a score of 50-64 on the Regents Examination that is the subject of the appeal and was taken during one of the above administrations.
• The student must have a course average in the subject under appeal (as evidenced in the official transcript that records grades achieved by the student in each quarter of the school year) that meets or exceeds the required passing grade by the school.

Note: This will be a limited rule in effect for exams taken during these specific administration periods only (June/August 2022, January/June/August 2023). Special appeals may be applied towards any diploma type (local, Regents, and Regents with Advanced Designation). Special appeals do not count towards the maximum number of appeals that can be applied to specific diploma types. 

Resources related to special appeals include:

• Memo: Flexibility in the Use of 2021-22 and 2022-23 Regents Examination Scores to Satisfy Diploma Requirements
• FAQ: Frequently Asked Questions Related to Flexibility in the Use of 2021-22 and 2022-23 Regents Examination Scores to Satisfy Diploma Requirements
• Template Form: Special Appeal to Earn Diplomas with a Lower Score on a Regents Examination Taken in the 2021-22 or 2022-23 School Year Form 

Traditional Appeals

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:

• 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 2^nd attempt at passing the English Regents exam.

Traditional appeal resources include:

• Appeal to Graduate with a Lower Score on a Regents Exam, Updated May 2022
  • includes information, appeal form, and summary form
    • The summary form no longer needs to be mailed to the State Education Department; it should be maintained by the school and be available for inspection by the State Education Department, if requested.
• Appeal to Graduate with a Lower Score on a Regents Exam: Frequently Asked Questions, April 2016
• Field Memo: Appeal to Graduate with a Lower Score on a Regents Exam, April 2017
• Field Memo: Changes to the Commissioner’s Regulations Part 100.5(d)(7) Governing the Appeal to Graduate with a Lower Score on a Regents Examination, April 2016

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:

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:

• Table:  Safety Net Options Available to Students with Disabilities to Graduate with a Local Diploma, updated October 2019
• Questions and Answers – Compensatory Option Safety Net, updated January 2017
• Special Education Field Advisory:  Safety Net for Students with Disabilities (Compensatory Option), November 2012

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:

• Superintendent Determination Option for Graduation with a Local Diploma, updated August 2018
• Superintendent Determination Option for Graduation with a Local Diploma:  Questions and Answers, updated August 2018
• Form (to be returned to NYSED):  Superintendent Determination for Graduation with a Local Diploma, updated January 2018
• Sample Form: Parent Request for Superintendent Determination for Graduation with a Local Diploma

For further questions and comments, email emscgradreq@nysed.gov or call (518) 474-5922.