THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
OFFICE OF SPECIAL EDUCATION
ASSISTANT COMM
ISSIONER
May 2019
TO: District Superintendents
Superintendents of Public Schools
Public School Administrators
Charter Schools
Religious and Independent School Administrators
Directors of Special Education
Directors of Pupil Personnel Services
Chairpersons of Committees on Special Education
Organizations, Parents, and Individuals Concerned with Special Education
FROM: Christopher Suriano
SUBJECT: Eligibility Criteria for Participation in the New York State Alternate Assessment
(NYSAA)
This memorandum is to inform school districts of the new policy brief, Eligibility
Criteria for Participation in the New York State Alternate Assessment (NYSAA), developed
by the New York State Education Department (NYSED) to assist school districts in
determining the appropriate participation of students with severe disabilities in NYSAA. The
federal Every Student Succeeds Act (ESSA) requires that states administer annual
statewide assessments in reading/language arts and mathematics to all students in grades
3-8 and at least once in high school, as well as assessments in science once in each grade
span (i.e., 3-5, 6-9, 10-12). ESSA includes provisions to ensure that all students are tested,
offered appropriate accommodations when needed, and held to the same standards.
To ensure that the vast majority of students take a state’s general assessment and
only students with the most significant cognitive disabilities take an alternate
assessment aligned with alternate academic achievement standards, 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 a school district from
assessing more than 1.0 percent of its assessed students with an alternate assessment.
However, states must require school districts 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.
Consistent with the Individuals with Disabilities Education Act (IDEA), committees on
special education (CSEs) must follow state guidelines for determining on a case-by-case
basis whether a student is most appropriately assessed with an alternate assessment
aligned with alternate academic achievement standards. To assist CSEs in determining
whether NYSAA is the most appropriate assessment for an individual student, NYSED
has developed the attached policy brief, decision-making flowchart, and decision-
making checklist which should be used in conjunction with guidance provided in NYSED’s
Eligibility and Participation Criteria - NYSAA [http://www.nysed.gov/common/nysed/files/
programs/state-assessment/8-eligibilityb-19.pdf].
If a student is determined eligible to participate in NYSAA, ESSA requires that, as
part of the process for developing the IEP, the student’s parents be clearly informed that
their child’s academic achievement will be measured based on alternate academic
achievement standards that do not meet the expectations necessary to earn a regular high
school diploma in New York State and how participation in NYSAA will affect their child from
completing the requirements for a regular New York State high school diploma. To assist
school districts in ensuring that parents are appropriately informed, NYSED has developed
the attached Parent Notification of Participation in the New York State Alternate Assessment
(Sample Letter). CSEs should also be discussing this information at each student’s annual
review meeting.
NYSED will annually notify school districts that exceed the 1.0 percent participation
cap that they are required to submit information justifying the need to assess more than 1.0
percent of their students with NYSAA in one or more subject areas. As part of the
justification, school districts will be required to provide assurance to NYSED that CSEs are
using Eligibility and Participation Criteria - NYSAA in determining if a student with a disability
will participate in NYSAA. As required by ESSA, NYSED will make all submitted
justifications publicly available.
Additional information on administering NYSAA to students with severe disabilities is
available on the Office of State Assessment’s New York State Alternate Assessment
(NYSAA) webpage [http://www.nysed.gov/state-assessment/new-york-state-alternate-
assessment]. Questions regarding this memorandum may be directed to the Special
Education Policy Unit at (518) 473-2878 or to speced@nysed.gov. Information about NYS’s
procedures for school districts that assess more than 1.0 percent of their students in any
subject is posted on the Office of Special Education’s News, Announcements and Timely
Information webpage [http://www.p12.nysed.gov/specialed/timely.htm].
Attachments: Policy Brief - Eligibility Criteria for Participation in the New York State Alternate
Assessment (NYSAA)
New York State Alternate Assessment (NYSAA) Participation Decision-
Making Flowchart
New York State Alternate Assessment (NYSAA) Participation Decision-
Making Checklist
Parent Notification of Participation in the New York State Alternate
Assessment (Sample Letter)
New York State Alternate Assessment (NYSAA)
The University of the State of New York
New York State Education Department
Office of Special Education
Eligibility Criteria for Participation in the
This is one in a series of policy briefs prepared by the New York State Education Department on topics
pertaining to implementation of the Individuals with Disabilities Education Act (IDEA) and the Every
Student Succeeds Act (ESSA) in New York State.
May 2019
Which students
must participate in
State or district-wide
assessments?
What is the New
York State Alternate
Assessment
(NYSAA)?
Which students are
eligible to
participate in
NYSAA?
The federal Every Student Succeeds Act (ESSA) and the Individuals with
Disabilities Education Improvement Act of 2004 (IDEA) require that all
students, including students with the most significant disabilities, be included
in State or district-wide assessment programs. These requirements do not
allow students to be excluded from statewide assessments.
However, for
students who are unable to participate in the State’s general assessment
system because of the severity of their disabilities
, even with
accommodations, states are required to develop and implement an alternate
assessment.
“High-
quality assessments are essential to effectively educating students,
measuring progress, and promoting equity. Done well and thoughtfully, they
provide critical information for educators, families, the public, and students
themselves and create the basis for improving outcomes for all learners.”
(Every Student Succeeds Act Assessments under Title I, Part A & Title I, Part
B: Summary of Final Regulations
[https://www2.ed.gov/policy/elsec/leg/essa/
essaassessmentfactsheet1207.pdf])
NYSAA is part of the New York State (NYS) testing program that measures
attainment of the State’s learning standards for students with the most severe
disabilities in grades 3-8 and high school in the areas of English language arts
and mathematics, as well as science once in each grade span (i.e., 3-5, 6-9,
10-12).
Students with severe disabilities, as defined in 8 NYCRR section
100.1(t)(2)(iv) [https://govt.westlaw.com],
are eligible for participation in
NYSAA. “Students with severe disabilities” refers to students who have limited
cognitive abilities combined with behavioral and/or physical limitations
and
who require highly specialized education and/or social, psychological, and
medical services in order to maximize their full potential for useful and
meaningful participation in society and for self-fulfillment.
Students with
severe disabilities may experience severe speech, language, and/or
perceptual-
cognitive impairments and challenging behaviors that interfere
with learning and socialization opportunities. These students may also have
extremely fragile physiological conditions and may require personal care,
physical/verbal supports, and assistive technology devices.
1
2
How is a student
determined eligible
to participate in
NYSAA?
The committee on special education (CSE) is responsible for determining
whether a student is eligible to participate in NYSAA. At each annual review
meeting, the CSE must determine on an individual basis whether the student
will participate in:
• the State’s general assessment with or without accommodations;
• the State’s alternate assessment with or without accommodations; or
• a combination
of the State’s general assessment for some content
areas and the State’s alternate assessment for other content areas.
The CSE must ensure that decis
ions regarding participation in the State
testing program are not based exclusively on category of disability, language
differences, excessive or extended absences,
cultural or environmental
factors, previous low academic achievement,
or previous need for
accommodations to participate in State or district-wide assessments.
Only students with severe cognitive disabilities are eligible for the
NYSAA.
The CSE must determine annually whether a student with a severe cognitive
disability is eligible to take the NYSAA based on the following criteria:
• the student has a severe cognitive disability and significant deficits in
communication/language and significant deficits in adaptive behavior;
AND
•
the student requires a highly specialized educational program that
facilitates the acquisition, application, and transfer of skills across
natural environments (home, school, community, and/or workplace);
AND
• the student requires educational support systems, such as assistive
technology, personal care services, health/medical services, or
behavioral intervention.
In some cases, a student who has a severe cognitive disability, as defined in
8 NYCRR section 100.1(t)(2)(iv),
may be recommended by the CSE to
participate in NYSAA only for selected assessment area(s
), such as
mathematics, based on such student’s unique individual needs.
The CSE
may determine that
the student can achieve the NYS standards for all
students for the other assessment area(s) and recommend such student
participate in NYS’s general statewide assessment program in those area(s).
(State data shows very few instances when this has occurred in the past.)
How must a
student’s
participation in
NYSAA be
documented in his
or her individualized
education program
(IEP)?
If the CSE determines that the student will participate in an alternate
assessment on a particular State or district-wide assessment of student
achievement, the student’s IEP must indicate this and provide a statement of
why the student cannot participate in the regular assessment and why the
particular alternate assessment is appropriate for the student. For example,
the IEP of a student with a severe cognitive disability who meets the criteria
for participation in NYSAA would indicate that the student will be assessed
using NYSAA
because the student has a severe cognitive disability,
significant deficits in communication/language and ada
ptive behavior;
requires a highly specialized educational program that facilitates the
acquisition, application, and transfer of skills across natural environments
(home, school, community, and/or workplace); and requires educational
3
support systems including assistive technology, personal care services,
health/medical services, and behavioral intervention.
For a student who is recommended by the CSE for participation in NYSAA,
each annual goal on the student’s IEP must also include short-term
instructiona
l objectives and/or benchmarks (measurable intermediate steps
between the student’s present levels of performance and the annual goal).
The student’s IEP must also provide a statement, as appropriate, of any
individual testing accommodations to be used consistently by the student in
the recommended educational program and in the administration of State
assessments of student achievement.
What should a CSE
consider when
making
recommendations
on a student’s
participation in State
assessments?
CSEs must carefully consider which students should be included in NYSAA,
as these assessments are for students with severe cognitive disabilities.
Participation in NYSAA may have implications for a student’s participation and
progress in the general curriculum
. While students recommended for
participation in
NYSAA must receive instruction in the same State learning
standards as students participating in New York State’s general assessments,
they are instructed and assessed against alternate achievement standards
that are at a reduced level of depth, breadth, and complexity.
CSEs should thoughtfully consider how a student’s participation in NYSAA will
impact a student’s opportunity to earn a regular high school diploma. CSE
meetings where transition goals and services are being developed must
include a discussion with the student's parents of the student's progress
toward receiving a diploma, and parents must be provided with information
explaining graduation requirements.
What do parent’s
need to know about
their child’s
participation in
NYSAA?
In accordance with ESSA, as a part of the process for developing an IEP, if
the CSE determines that a student will participate in NYSAA, the student’s
parents must be
clearly informed that their child’s performance will be
measured based on alternate achievement standards that are
reduced in
depth, breadth and complexity and do not meet the expectations necessary
to earn a regular high school diploma (i.e., local or Regents diploma) in NYS
.
In addition, parents must be informed that in order to earn a diploma in NYS,
students must earn required course credits and take
required Regents
examinations and that their child will not be able to earn a NYS high school
diploma if they continue to participate in NYSAA in one or more subjects in
high school.
Are there any limits
on the number of
students that a
school district may
recommend for
participation in
NYSAA?
ESSA limits the number of students in each state who may take alternate
assessments to 1.0 percent of all tested students in a given subject. This is
to ensure that the vast majority of students take a state’s general assessments
and only students with the mo
st significant cognitive disabilities take an
alternate assessment aligned with alternate academic achievement
standards. There is no cap placed on individual school districts. However,
ESSA requires any school district that assesses more than 1.0 percent of its
assessed students in any subject with an alternate assessment aligned with
alternate academic achievement standards to submit information to the state
educational agency justifying the need to exceed the 1.0 percent cap.
4
What are the NYSAA
scores used for?
NYSAA scores show parents and teachers how a student is progressing in
the attainment of grade-level alternate achievement standards. These scores
can help:
• Identify a student’s strengths and needs;
• Provide information to allow for meaningful discussions surrounding a
student’s IEP;
•
Set instructional priorities that inform a student’s functional and
academic goals and short-term objectives; and
• Identify a student’s most effective method
of communication across
multiple settings.
Where can I find
additional
information on
NYSAA
administration?
Additional information on administering NYSAA to students with severe
disabilities is available on the Office of State Assessment’s New York State
Alternate Assessment (NYSAA) webpage [http://www.nysed.gov/state-
assessment/new-york-state-alternate-assessment]. Information about NYS’s
procedures for school districts that assess more than 1.0 percent of their
assessed students in any subject with NYSAA will be posted at this site and
on the Office of Special Education’s
News, Announcements and Timely
Information webpage [http://www.p12.nysed.gov/specialed/timely.htm] when
available.
Legal Reference
8 NYCRR §§100.1(t)(2)(iv); 100.3(b)(2)(iii); 100.4(b)(2)(v); and
200.4(d)(2)(iv), (vii) and (ix)(b); ESSA §§1111(b)(2)(B)(vii) and
1111(b)(2)(D)(I)-(II)
1
1
Please reference the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCCRR)
for regulatory language. An unofficial compilation of these regulations can be found at the
Department of State,
Division of Administrative Rules [https://govt.westlaw.com].
New York State Alternate Assessment (NYSAA) Participation Decision-Making Flowchart
Students with severe disabilities in New York State (NYS) may be determined eligible by the committee on
special education (CSE) to participate in the NYSAA. Consistent with the provisions in the Every Student
Succeeds Act (ESSA), NYSAA is an appropriate assessment for a very small number of students with the most
severe cognitive disabilities. In conjunction with guidance provided in NYSED’s Eligibility and Participation
Criteria – NYSAA, this flowchart should be used in the decision-making process to ensure that only those
students with the most severe cognitive disabilities are taking the NYSAA.
Has the student been identified as a student with a disability?
Does the student have a severe cognitive disability?
The CSE has determined, after considering qualitative and quantitative
information related to the student’s skills (e.g., evaluative information,
classroom data, anecdotal information) that the student has limited
cognitive abilities combined with behavioral and/or physical limitations
and
requires highly specialized education and/or social, psychological,
and medical services in order to maximize their full potential for useful
and meaningful participation in society and for self-fulfillment.
Does the student meet the following criteria?
•
The student has a severe cognitive disability and significant deficits
in communication/language and significant deficits in adaptive
behavior; AND
•
The student requires a highly specialized educational program that
facilitates the acquisition, application, and transfer of skills across
natural environments (home, school, community, and/or
workplace); AND
•
The student requires educational support systems, such as assistive
technology, personal care services, health/medical services, or
behavioral intervention.
YES
YES
NO
NO
The st
u
dent must participate in the general NYS
Assessment Program under standard administration
procedures.
The student must participate in the general NYS
Assessment Program with or without testing
accommodations.
The student is eligible to participate in the NYSAA.
The student’s IEP must:
• provide a statement of why the student cannot
participate in the regular assessment, and why
the particular alternate assessment is
appropriate for the student;
• include short-term instructional objectives and/
or benchmarks; and
•
provide a statement of any individual testing
accommodations to be used consistently by the
student in the recommended educational
program and in the administration of the
NYSAA.
YES
The student must participate in the general NYS
Assessment Program with or without testing
accommodations.
NO
The student’s parent(s) must be informed that:
• Their child’s performance will be measured
based on alternate standards that are below
the expectations needed to earn a regular high
school diploma in New York State (NYS)
; and
• Their child will not be able to earn a NYS high
school diploma if they continue to participate in
the NYSAA for one or more subjects in high
school.
In addition, the CSE’s decision regarding participation in the NYSAA was not
based on the student’s:
• category of disability;
• language differences;
• excessive or extended absences;
• cultural or environmental factors;
• previous low academic achievement; or
• previous need for accommodations to participate in State or districtwide
assessments.
New York State Alternate Assessment (NYSAA) Participation Decision-Making Checklist
The checklist below may be used in conjunction with guidance provided in the New York State Education
Department's (NYSED) Eligibility and Participation Criteria – NYSSA in the decision-
making process to
ensure that only those students with the most severe cognitive disabilities are taking NYSAA. The committee
on special education (CSE) must determine annually whether a student will participate in NYSAA on a
particular State assessment of student achievement (i.e., English language arts, mathematics, and/or
science) and document this decision in the student's individualized education program. If the CSE indicates
"YES" for all items below, the student may be determined eligible to participate in NYSAA. This checklist is
for local use, only. Do not submit this form to NYSED. However, a copy should be retained in the student's
special education record.
Student: Date:
Persons Involved in Decision-Making:
Eligibility Criteria
YES
NO
Comments/Evidence
The student has a severe cognitive disability and
significant deficits in communication/language and
significant deficits in adaptive behavior.
The student requires a highly specialized educational
program that facilitates the acquisition, application,
and transfer of skills across natural environments
(home, school, community, and/or workplace).
The student requires educational support systems,
such as assistive technology, personal care services,
health/medical services, or behavioral intervention.
Both qualitative and quantitative information (e.g.,
evaluative information, classroom data, anecdotal
information) have been considered to inform decisions
on the above-listed criteria.
*
Check the recommendation that is most appropriate in meeting the needs of this student:
The student is recommended by the CSE to participate in the general New York State Assessment
Program (with or without testing accommodations) for:
English Math Science
The student is recommended by the CSE to participate in NYSAA (with or without testing
accommodations) for:
English Math Science
Parental Understanding: If my child has been determined eligible to participate in NYSAA, I have been
informed of and understand the following statements:
My child's performance will be measured against alternate achievement standards that do not meet the
expectations needed to earn a regular high school diploma (i.e., local or Regents diploma) in New York
State (NYS).
In order to earn a diploma in NYS, students must earn required course credits and participate in required
Regents examinations, and my child will not be able to earn a NYS high school diploma if he/she
continues to participate in NYSAA for one or more subjects in high school.
*
The decision for the student's participation in NYSAA was not based on the following: category of disability, language
differences; excessive or extended absences; cultural or environmental factors; previous low academic achievement; or
previous need for accommodations to participate in State or district-wide assessments.
Parent Notification of Participation in the New York State Alternate
Assessment (Sample Letter)
D
ate: ___________
D
ear Parent/Guardian:
Thi
s letter serves to inform you that your child, _______________________, was
recommended by the committee on special education (CSE) to participate in the New York State
Alternate Assessment (NYSAA), rather than in the general statewide assessment program, in the
following subjects:_______________________________________________________________.
I
n making this recommendation, the CSE has determined that your child meets New York
State’s (NYS) eligibility and participation criteria for NYSAA and that the general statewide
assessment program is not an appropriate assessment program for your child to demonstrate his/her
knowledge and skills, even with testing accommodations. NYSAA is part of the NYS testing program
that measures student performance on alternate achievement standards in the areas of English
language arts (ELA), mathematics, and science for students with the most severe cognitive
disabilities in grades 3-8 and high school.
S
tudents recommended for participation in NYSAA must receive instruction in the same State
learning standards as students participating in NYS’s general assessments; however, they are
instructed and assessed against alternate standards that are at a reduced level of complexity. Your
child will be assessed using the Dynamic Learning Maps (DLM) alternate assessment system. DLM
alternate assessment is a computer-delivered, adaptive assessment system that measures student
achievement of ELA, mathematics, and science State learning standards at a reduced level of
complexity. This computerized assessment provides the opportunity to customize the assessment
to the individual abilities and needs of your child.
Y
our child’s CSE, of which you are a member, will make an annual recommendation on
whether NYSAA remains an appropriate assessment program for your child. Please be aware that
NYSAA assesses learning standards that do not meet the expectations needed to earn a regular
high school diploma (local or Regents diploma) in NYS. In order to earn a NYS high school diploma,
students must earn required course credits and participate in required Regents examinations. Your
child will not be able to meet the requirements for a NYS high school diploma if he/she continues to
participate in NYSAA for one or more subjects in high school. Additional information on graduation
requirements is available on the New York State Education Department’s (NYSED’s)
Office of
Curriculum and Instruction webpage (http://www.nysed.gov/curriculum-instruction/).
I
f you have any questions about your child’s participation in NYSAA, you are encouraged to
speak with your child’s teacher or special education administrator. For questions on NYSAA, you
may also wish to contact NYSED’s Office of Special Education Policy Unit at 518-473-2878 or the
Office of State Assessment at 518-474-5900. Additional information on NYSAA, including A Parent’s
Quick Guide to the New York State Alternate Assessment (NYSAA) is available on NYSED’s Office
of State Assessment NYSAA webpage
(http://www.nysed.gov/state-assessment/new-york-state-
alternate-assessment).
Thank
you for your attention to this important matter.
Sincerely,
