Superintendent's Memo #333-09

State seal, Commonwealth of Virginia

Department of Education

December 11, 2009

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Exceptions to One Percent Cap on the Virginia Alternate Assessment Program (VAAP)

The United States Department of Education no longer grants exceptions allowing states to exceed the one percent cap on the number of proficient scores on the alternate assessment measuring alternate achievement standards that may be counted toward adequate yearly progress (AYP). This provision was effective for the 2008 and 2009 VAAP administrations and will now continue for the 2010 VAAP administration. While the Virginia Department of Education (VDOE) may not request permission to exceed the cap on a statewide basis, we are authorized to grant exceptions to school divisions under specified circumstances.

School divisions with VAAP participation data indicating that they will likely exceed the one percent cap are encouraged to examine their data to determine if they might need to apply for an exception. VDOE will consider requests for exceptions related to (1) small “n” issues or (2) demographic anomalies.

If your data for the 2010 VAAP administration indicate that your division will exceed the one percent cap based upon the above-referenced criteria, please complete the attached form and the supporting data that are specified. Additional criteria are discussed in the attachment. Forms should be returned to Mr. John Eisenberg at VDOE by February 26, 2010. Questions about this matter may be addressed to Mr. Eisenberg at (804) 225-2711 or Thank you for your cooperation.



a. Request for Exception to the 1 Percent Cap for AYP (Word)