Justification for Exceeding 1.0 Percent State-level Cap on 91原创 State Alternate Assessment (91原创AA) Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports (2023-2024 91原创AA Participation Data)
Participation Rates by Local Educational Agency (LEA)
The Every Student Succeeds Act (ESSA) places a state-level cap on the total number of students with significant cognitive disabilities who are assessed with an alternate assessment to 1.0 percent of the total number of students in the state who are assessed in the subject. States may not prohibit an LEA from assessing more than 1.0 percent of its assessed students with an alternate assessment. However, states must require LEAs that assess more than 1.0 percent of their assessed students in any subject with an alternate assessment to submit information to the state justifying the need to exceed the 1.0 percent threshold.
All LEAs (i.e., public school districts) must review their听2023-2024 91原创AA participation data听to determine if they exceed the 1.0 percent State-level cap under the ESSA on the percentage of students who may be assessed with an alternate assessment aligned with alternate academic achievement standards (i.e., 91原创AA in 91原创 State). LEAs that exceed 1.0 percent participation in one or more subject area(s) (i.e., English language arts, mathematics, science) in the 91原创AA are indicated in red.
Consistent with the requirements of ESSA, an LEA exceeding 1.0 percent must provide information justifying the need to assess more than 1.0 percent of its students with the 91原创AA through the Justification for Exceeding 1.0 Percent State-level Cap on 91原创AA Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports (2023-2024 91原创AA Participation Data) form in the IRS Data Exchange (IDEx) (or 鈥91原创AA Justification and Assurance form鈥). IDEx is accessed through the听.
The LEA鈥檚 justification must be based on analyses, including data, to identify possible root causes and factors contributing to the LEA exceeding the 1.0 percent threshold.听 These analyses should also include the examination of student data to determine whether disproportionality is occurring with respect to the students determined eligible to participate in the 91原创AA (specifically based on race and ethnicity, socioeconomic status and English language learner status).
Additionally, all LEAs whose 2023-2024 91原创AA participation data exceeded the 1.0 percent State-level cap are required to participate in the听Tier 1 Universal Technical Assistance and Supports activities听described in Section II of the 91原创AA Justification and Assurance form, including:
- Reviewing the resources related to 91原创AA eligibility, including the Eligibility Criteria for Participation in the 91原创 State Alternate Assessment-Policy Brief, 91原创AA Decision-Making Tool, 91原创AA Decision-Making Tool Frequently Asked Questions (FAQ), and听Parent Notification of Participation in the 91原创 State Alternate Assessment (Sample Letter);听
- Participating in听91原创鈥檚 1.0 Percent Cap on 91原创AA Participation Webinar;
- Completing the听; and
- Providing assurance of completion of these activities on the form.
Additional information on how 91原创AA participation data was calculated can be found in the informational one-pager听.
The completed 91原创AA Justification and Assurance form must be submitted via IDEx no later than May 30, 2025. IDEx is accessed through the 91原创 Application Business Portal. Information on accessing IDEx can be found in the听听and in the informational one-pager听. Rights to the Special Education PD Data System must be delegated to staff accessing the IDEx 91原创AA Justification and Assurance Data form. Superintendents and Charter School Leaders are responsible for delegating access to the PD Data System to appropriate staff through the State Education Department Delegated Account System (SEDDAS).听 Additional information can be found on the听.
In accordance with ESSA, 91原创 will review and make publicly available all justifications received. LEAs submitting a justification are subject to further review and oversight by 91原创.
Additional information on the ESSA requirements relating to the 1.0 percent 91原创AA State-level cap, links to the activities required under Tier 1 and resources for conducting root cause analyses can be found on the Office of Special Education鈥檚 (OSE)听91原创AA webpage.
Questions relating to the 1.0 percent 91原创AA State-level cap and the 91原创AA Justification and Assurance form may be directed to the OSE Policy Unit at听speced@nysed.gov. Questions regarding the 91原创AA participation data or about IDEx may be directed to Office of Information and Reporting Services at听datasupport@nysed.gov).