January 2016


To: Public School Districts, Charter Schools and Special Act School Districts
James P. DeLorenzo
Subject: 2015-16 Application for Exception to the One Percent Cap on Proficient or Above Scores Based on Alternate Achievement Standards

Below is a link for the application by which local educational agencies (LEAs) may request an exception from the New York State Education Department (NYSED) to exceed the 1.0 percent cap in counting as proficient and advanced for accountability purposes, during the 2015-16 school year, the scores of students with the most significant cognitive disabilities based on alternate academic achievement standards. Only LEAs, including Charter Schools and Special Act School Districts, that are subject to accountability under the No Child Left Behind Act (NCLB) and that are able to document extraordinary circumstances should submit this application.

In 2015–16, every LEA is automatically allowed to have one student counted as proficient or above on the New York State Alternate Assessment (NYSAA) in grades 3 through 8 combined or in the 2012 cohort, even if that one student would cause the LEA to exceed the 1.0 percent cap. These LEAs do not need to complete this exception application. In addition, LEAs that were approved in 2014-15 for both 2014-15 and 2015-16 do not need to reapply.

Completed applications must be received by April 1, 2016 for consideration of exceptions for the 2015–16 school year. Questions regarding this application may be directed to This email address is being protected from spambots. You need JavaScript enabled to view it. or Kelly Onorato in the Office of Special Education, Special Education Policy Unit at 518-473-2878.