Viva88

Participation Rates by Local Educational Agency (LEA)

• 2022-2023 Viva88Alternate Assessment (NYSAA) Participation Rates by District

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��2022-2023 NYSAA participation data��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., 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) in the NYSAA 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 NYSAA through the Justification for Exceeding 1.0 Percent State-level Cap on 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) (or “NYSAA Justification and Assurance form”). IDEx is accessed through the��.

The LEA’s 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.�� 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 NYSAA (specifically based on race and ethnicity, socioeconomic status and English language learner status).

Additionally, all LEAs whose 2022-2023 NYSAA participation data exceeded the 1.0 percent State-level cap are required to participate in the��Tier 1 Universal Technical Assistance and Supports activities��described in Section II of the NYSAA Justification and Assurance form, including:

• Reviewing the resources related to NYSAA eligibility available in the��Eligibility Criteria for Participation in the Viva88Alternate Assessment (NYSAA)��memorandum, including the Eligibility Criteria for Participation in the Viva88Alternate Assessment����Policy brief��(��.��.,��NYSAA Decision-Making Flowchart,��NYSAA Decision-Making Checklist,��Parent Notification of Participation in the Viva88Alternate Assessment (Sample Letter);��
• Participating in��Viva88’s 1.0 Percent Cap on Viva88Alternate Assessment (NYSAA) Participation webinar;
• Completing the��; and
• Providing assurance of completion of these activities on the form.

Additional information on how NYSAA participation data was calculated can be found in the informational one-pager��.

The completed NYSAA Justification and Assurance form must be submitted via IDEx no later than April 24, 2024. IDEx is accessed through the Viva88 Application Business Portal. Information on accessing IDEx can be found in the����and in the informational one-pager��. Rights to the Special Education PD Data System must be delegated to staff accessing the IDEx NYSAA 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).�� Additional information can be found on the��.

In accordance with ESSA, Viva88 will review and make publicly available all justifications received. LEAs submitting a justification are subject to further review and oversight by Viva88.

Additional information on the ESSA requirements relating to the 1.0 percent NYSAA 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’s (OSE)��NYSAA webpage.

Questions relating to the 1.0 percent NYSAA State-level cap and the NYSAA Justification and Assurance 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 Office of Information and Reporting Services at��datasupport@nysed.gov).