Meeting of the Board of Regents | July 2007

	THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
TO:
FROM:		Johanna Duncan-Poitier
SUBJECT:		Emergency Adoption of the Proposed Amendments to the Regulations of the Commissioner Relating to Contracts for Excellence
DATE:		July 18, 2007
STRATEGIC GOAL:		Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Action 

 

Should the Board of Regents adopt as an emergency measure the proposed revisions to section 100.13 and section 170.12 to the Regulations of the Commissioner relating to Contracts for Excellence?

 

Reason(s) for Consideration

 

Required by State statute.

Proposed Handling

 

This question will come before the Regents EMSC-VESID Committee at its July meeting.

 

Procedural History

 

             The Regents adopted the proposed amendment as an emergency measure at the April meeting of the Board of Regents.  A 45-day public comment period (which expired on July 2, 2007) followed its publication in the State Register on May 16, 2007.   At the June 25-26, 2007 meeting of the Board of Regents, the Regents revised the proposed rule to add the criteria for the Commissioner's approval of allowable programs selected by districts and readopted the emergency rule, as revised.  Specifically, the revised June emergency rule provides that the Commissioner’s approval will be based on a determination that Contracts for Excellence demonstrate that allowable programs selected by the district: (1)  predominately benefit  those students with the greatest educational needs, including but not limited to: (a)  students with limited English proficiency and students who are English language learners; (b)  students in poverty; and (c)  students with disabilities; (2)  predominately benefit those students in schools identified as requiring academic progress, or in need of improvement, or in corrective action, or restructuring and address the most serious academic problems in those schools; and (3)  are based on practices supported by research or other comparable evidence in order to facilitate student attainment of State learning standards. 

 

              Additional proposed revisions to the regulations have now been made in response to the suggestions of the Committee at the June meeting and in response to public comment, and are being presented for adoption as an emergency rule at the July meeting.

 

Background Information

 

Chapter 57 of the Laws of 2007 authorizes the Commissioner of Education to establish allowable programs and activities, criteria for public reporting by school districts of their total Foundation Aid expenditures and other requirements for the preparation of Contracts for Excellence by certain specified school districts.  Education Law section 211-d requires each school district that:

 

(1)         has at least one school currently identified as (i) requiring academic progress or (ii) in need of improvement or (iii) in corrective action or (iv) in restructuring; and

(2)         receives an increase in either (i) total Foundation Aid compared to the base year in an amount that equals or exceeds either $15 million or 10 percent of the amount received in the base year, whichever is less, or (ii) a supplemental educational improvement plan grant,

 

to prepare a Contract for Excellence, which describes how the total Foundation Aid and supplemental educational improvement plan grants will be used to support new programs and new activities or expand the use of programs and activities demonstrated to improve student achievement.  The statute requires the Commissioner to establish by regulation the allowable programs and activities for such purposes.  The statute also requires the Commissioner to prescribe a format by which each affected school district shall publicly report its expenditures of total Foundation Aid.

 

Specifically, the proposed amendment will establish:

 

(1)         requirements for the preparation and submission of the contracts for excellence, including a requirement that the New York City School District include a plan to reduce average prekindergarten through grade 12 class sizes within five years;

(2)         the allowable programs and activities under the contracts, which are limited to: (i) class size reduction, (ii) student time on task , (iii) teacher and principal quality initiatives, (iv) middle school and high school restructuring, and (v) full-day kindergarten or prekindergarten programs;

(3)         criteria for experimental programs, not included in the allowable programs and activities, that are designed to demonstrate the efficacy of other strategies to improve student achievement, and for which the Commissioner may authorize a district to spend up to 15 percent of the contract amount;

(4)         requirements for school districts to develop their contracts for excellence through a public process, commencing with the 2008-09 school year, which shall include at least one public hearing and be made in consultation with parents or persons in parental relation, teachers, administrators, and distinguished educators appointed pursuant to Education Law section 211-c;

(5)         requirements for procedures by which parents may bring complaints concerning implementation of contracts for excellence; and

(6)         requirements for school districts to publicly report their expenditure of total Foundation Aid.

 

Update on Work with the Field

 

              Since April 4, 2007 Department staff have provided guidance and consulted extensively with school districts required to submit Contracts for Excellence about program, budget and resource allocation issues.  This guidance included staff contacts for continued collaboration with C4E school districts.  Approximately 39 out of 56 Contract for Excellence school districts have participated in training sessions at which Department staff reviewed the legislative intent of the program, requirements of Commissioner’s regulations, school district achievement issues and C4E strategies, and how to complete the web-based system to submit Contracts for Excellence.  Many more school districts have consulted with staff over the phone.  In all of these sessions Department staff have emphasized that school districts must use Contract for Excellence funds to increase student achievement, especially for students in need of additional support to meet State learning standards and that school districts must target funds to students with the greatest educational needs, and give priority to low-performing schools with concentrations of such students.

 

Some of the issues that have arisen as districts have prepared their Contracts for Excellence include:

 

• Targeting funds versus using funds more broadly;
• Focusing a portion of funds on preventing failure and sustaining success;
• Effective strategies for students with disabilities;
• Effective strategies for schools with concentrations of poverty and multiple learning and support needs; and
• Supplementing and not supplanting existing district programs.

 

Throughout the process, the Department has also communicated with the field through informational memorandum that have also been posted on the Department’s Web site.  At the request of the Board of Regents, last month the Department sent an additional memorandum to the field emphasizing the requirement that Contracts for Excellence focus the additional Foundation Aid on students most in need. The Department also recently released a set of frequently asked questions and answers to provide the field with an understanding of the statutory provisions and the Regents regulatory requirements as well as to respond to specific implementation questions on allowable programs. (The Regents each received a copy of the Q and A.)   This document continues to be updated as questions are raised by school districts.   

 

Update on School District Contracts for Excellence

 

The deadline for submission of Contracts for Excellence to the Department was July 16.  As of the writing of this document, 54 of the 56 school districts required to submit Contracts for Excellence, including each of the Big Five city school districts, have submitted their Contracts.  We are providing technical assistance to the two remaining districts to help them complete their Contracts and expect to receive them shortly.  In order to approve the Contracts for Excellence, Department staff have created a review team with representatives from bilingual, special education, school improvement, curriculum and instruction, higher education, and operations, management and finance offices.  The review of these Contracts will be conducted through August.   

 

Department reviews will assess whether the submitted Contract for Excellence presents a reasonable plan that proposed activities will drive student achievement consistent with the statutory requirements and the regulatory requirements of the Board of Regents.  Periodic updates will inform the Regents of the status of Department approvals.  These status reports will document when the Contract for Excellence was approved or disapproved and that each district’s Contract will target C4E funds to the academically neediest students, meet the needs of students in the district, and supplement and not supplant existing district programs.

 

Update on Development of Regulations

 

At the June meeting of the Board of Regents, members of the Board of Regents requested that some critical issues be included in the Contract for Excellence regulations.  Public comment on the proposed amendments raised some additional issues to be addressed.   Consistent with the direction provided by the Regents and the comments received, the attached proposed revised regulations further strengthen the language in the Regents emergency regulations approved in April and June to:

 

• Specify procedures for the amendment of contracts for excellence.

 

• Clarify that allowable programs and activities may include (1) programs in career and technical education; (2) programs in the visual arts, music, dance and/or theatre; (3) programs involving the use of instructional technology; and (4) after-school programs and summer camp programs offering supplemental instruction, tutoring and/or other academic support and enrichment.

 

• Authorize mentoring to improve the performance of teachers and principals who are not newly appointed, consistent with collective bargaining and other applicable requirements.

 

 

 

• Authorize instructional coaches to provide professional development to teachers in pedagogy and/or classroom management to improve student attainment of State learning standards.

 

• Authorize individuals certified as school district administrators, school administrators and supervisors and school business administrators to serve as school leadership coaches.

 

• Authorize as allowable teacher and principal quality initiatives, programs and activities to recruit and retain appropriately certified principals.

 

              The proposed revised amendment is being presented for a third emergency action to adopt changes to strengthen the regulation in response to Regents concerns and public comment, and to otherwise ensure that the emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule.  A Statement of Facts and Circumstances Which Necessitate Emergency Action and an assessment of public comment are attached.   Due to administrative filing requirements, and additional public comment periods for the revised emergency regulations, additional emergency action will be required in September, with final action on the regulations anticipated for the October meeting.

 

Recommendation

 

Staff recommend that the Regents take the following action:

 

VOTED:  That the emergency action taken at the June 25-26, 2007 meeting of the Board of Regents, which added a new section 100.13 and amended paragraph (1) of subdivision (e) of section 170.12 of the Regulations of the Commissioner of Education, is repealed, effective July 31, 2007, and it is further

 

              VOTED:  That section 100.13 of the Regulations of the Commissioner be added and that paragraph (1) of subdivision (e) of section 170.12 be amended as submitted, effective July 31, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to adopt revisions to the rule in response to public comment and to otherwise ensure that the emergency rule adopted at the April Regents meeting, and revised at the June Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.

 

 

 

 

 

 

 

 

 

 

Timetable for Implementation

 

Department work on Contracts for Excellence (C4E) began in January 2007, and will continue into the 2007-08 school year.    This work is summarized in the following table:

 

Date	Actions
January 31, 2007	Executive budget released.  NYSED sent state aid information to school districts.
February-March 2007	Staff began to develop guidance for how districts might implement contracts for excellence, pending final enactment of the budget.  At the end of March, NYSED staff met with a group of education partners, including representatives from C4E school districts to discuss implementation issues.
April 2007	On April 1, the approved State budget was released and in early April NYSED sent state aid information to school districts as well as guidance on the enacted budget, specifically on implementing contracts for excellence.  Staff prepared regulations for emergency action at the April 2007 Regents meeting to give school districts the necessary direction for incorporating C4E expenditures in their 2007-08 budgets and to do the planning to be able to implement quality programs targeted primarily to students with the greatest educational needs by the fall.  NYSED staff consulted extensively with district representatives in meetings and by telephone and e-mail in April.  Staff worked on the development of a web-based system to allow school districts to submit their contracts for excellence on-line in a streamlined and efficient process that allows NYSED staff to collaborate with districts on the development of effective programs.
May 2007	Staff continued to develop the web-based system for C4Es.
June 2007	School districts were invited to meet with NYSED staff to discuss implementation issues and complete the web-based system.  The web-based system went live, and staff provided links to a list of programs that work and guidance on the web-based contracts for excellence system.  C4E districts were encouraged to share and collaborate at training sessions and throughout implementation.
July 16, 2007	District C4Es due.
July 2007	NYSED staff prescreen submitted C4Es and provide guidance to districts that need to make revisions, based on statutory requirements, in order to have their contracts approved.
August 15, 2007	NYSED staff completes their review of C4Es and approve or disapprove.  With disapprovals, NYSED submits detailed suggestions to districts.
Fall 2007	Other networks will be encouraged to provide support to C4E school districts.
Fall 2007	Possible forum on contracts for excellence that will feature strategies that work and research needed to evaluate contracts for excellence.
School Year 2007-08	NYSED and networks will provide support to C4E school districts.  These networks include District Superintendents, Regional School Support Centers, Bilingual Education Technical Assistance Centers, and Special Education Teacher Resource Centers, among others.

 

Attachment

 

 

 

 

 

 

 

 

 

PROPOSED ADDITION OF SECTION 100.13 AND AMENDMENT OF SECTION 170.12 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO EDUCATION LAW SECTIONS 101, 207, 215, 305 AND 211-d AND CHAPTER 57 OF THE LAWS OF 2007, RELATING TO CONTRACTS FOR EXCELLENCE

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ADOPTION

              The proposed amendment is necessary to implement Education Law section 211-d, as added by Chapter 57 of the Laws of 2007, to establish allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. 

              Education Law section 211-d requires each school district: (1) that has at least one school currently identified as (i) requiring academic progress or (ii) in need of improvement or (iii) in corrective action or (iv) in restructuring; and (2) that receives an increase in either (i) total foundation aid compared to the base year in an amount that equals or exceeds either $15 million dollars or 10 percent of the amount received in the base year, whichever is less, or (ii) a supplemental educational improvement plan grant, to prepare a contract for excellence, which shall describe how the total foundation aid and supplemental educational improvement plan grants shall be used to support new programs and new activities or expand the use of programs and activities demonstrated to improve student achievement.  The statute requires the Commissioner to establish by regulation the allowable programs and activities for such purposes.  The statute also requires the Commissioner to prescribe a format by which each affected school district shall publicly report its expenditures of total foundation aid.

              The proposed amendment was adopted at the April 23-24, 2007 Regents meeting as an emergency measure, effective April 27, 2007, in order to immediately establish allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for contracts for excellence under Education Law section 211-d, so that affected school districts may timely prepare such contracts for the 2007-2008 school year pursuant to statutory requirements.  A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on May 16, 2007. 

              At their June 25-26, 2007 meeting, the Regents substantially revised the proposed rule, and adopted the revised rule by emergency action, effective July 26, 2007.  A Notice of Emergency Adoption and Revised Rule Making was published in the August 8, 2007 State Register.

              At their July 25, 2007 meeting, the Board of Regents further revised the proposed rule in response to public comment, as set forth in the Revised Regulatory Impact Statement and Assessment of Public Comment submitted herewith.  Pursuant to the State Administrative Procedure Act section 202(4-a), the revised rule cannot be adopted by regular (non-emergency) action until at least 30 days after publication of the revised rule in the State Register.  The earliest a Notice of Revised Rule Making could appear in the State Register would be the August 15, 2007 edition.  Since the Board of Regents meets at fixed intervals, and there is no meeting scheduled for August 2007 and the September Regents meeting is scheduled for September 10-11, 2007, the earliest the proposed amendment can be adopted by regular action, after expiration of the 30-day public comment period for a revised rule making, is the October Regents meeting.  However, the June emergency adoption will expire on September 21, 2007, 60 days after its filing with the Department of State on July 24, 2007.  A lapse in the rule's effectiveness would disrupt implementation of the contract for excellence program under Education Law section 211-d.  A third emergency adoption is therefore necessary for the preservation of the general welfare to adopt revisions to the rule in response to public comment and to otherwise ensure that the emergency rule adopted at the April Regents meeting, and revised at the June Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to Education Law sections 101, 207, 215, 305, 309 and 211-d, as added by Chapter 57 of the Laws of 2007

              1.  The emergency action taken at the June 25-26, 2007 meeting of the Board of Regents, which added a new section 100.13 and amended paragraph (1) of subdivision (e) of section 170.12 of the Regulations of the Commissioner of Education, is repealed, effective July 31, 2007.

              2.  Section 100.13 of the Regulations of the Commissioner of Education is added, effective July 31, 2007, as follows:

100.13  Contract for Excellence.

              (a)  Definitions.  As used in this section:

              (1)  "Total foundation aid" means such aid as defined in Education Law section 3602(4).

              (2)  "Supplemental educational improvement plan grant" means such grants as defined in Education Law section 3641(8).

              (3)  "Contract amount" means the sum of the amounts apportioned to the school district in the current year as total foundation aid and as supplemental educational improvement plan grants for the 2007-2008 school year and thereafter, in excess of the percentage of the school district's foundation aid base, as prescribed and adjusted in Education Law section 211-d(2)(a).

              (4)  "Base year" shall be as defined in Education Law section 3602(1)(b).

              (5)  "Experimental programs" are programs, not included in the allowable programs and activities under subparagraphs (i) through (v) of paragraph (2) of subdivision (d) of this section, that are designed to demonstrate the efficacy of other strategies to improve student achievement, and for which the commissioner may authorize a school district to spend up to 15 percent of the contract amount.

              (6)  "Highly qualified teacher" means a teacher who meets the requirements set forth in section 120.6 of this Title.

              (7)  "Response to intervention program" means a program as defined in section 100.2(ii) of this Title.

              (b)  Applicability. 

              (1)  A contract for excellence shall be prepared pursuant to the provisions of this section by each school district:

              (i)  that has at least one school currently identified pursuant to section 100.2(p) of this Part as:

              (a)  requiring academic progress; or

              (b) in need of improvement; or

              (c) in corrective action; or

              (d) in restructuring; and

              (ii)  that receives:

              (a)  an increase in total foundation aid compared to the base year in an amount that equals or exceeds either fifteen million dollars or ten percent of the amount received in the base year, whichever is less; or

              (b)  a supplemental educational improvement plan grant.

              (2)  For the 2007-2008 school year, such increase in total foundation aid shall be the amount of the difference between total foundation aid received for the current year and the total foundation aid base as defined in Education Law section 3602(1)(j).

              (3)  In the city school district of the city of New York, a contract for excellence shall be prepared for the city school district and each community district that meets the criteria set forth in paragraph (1) of this subdivision. 

              (c)  Contract requirements. 

              (1)  Each contract for excellence shall be in a format, and submitted pursuant to a timeline, as prescribed by the commissioner and shall:

              (i) describe how the contract amount shall be used to support new programs and new activities or expand the use of programs and activities demonstrated to improve student achievement, from the allowable programs and activities and/or authorized experimental programs pursuant to subdivision (d) of this section; 

              (ii) specify the new or expanded programs, from the allowable programs and activities and/or authorized experimental programs pursuant to subdivision (d) of this section, for which each sub-allocation of the contract amount shall be used and affirm that such programs shall predominately benefit students with the greatest educational needs including, but not limited to:

              (a)  limited English proficient students and students who are English language learners;

              (b)  students in poverty; and

              (c) students with disabilities; 

              (iii)  state, for all funding sources, whether federal, state or local, the instructional expenditures per pupil, the special education expenditures per pupil, and the total expenditures per pupil, projected for the current year and estimated for the base year; provided that no later than February 1 of the current school year, the school district shall submit a revised contract stating such expenditures actually incurred in the base year;      (iv)  include any programmatic data projected for the current year and estimated for the base year, as the commissioner may require; and

              (v)  in the city school district of the city of New York, include a plan that meets the requirements of clause (a) of subparagraph (i) of paragraph (2) of subdivision (d) of this section, to reduce average class sizes within five years for the following grade ranges:

              (a) prekindergarten through grade three;

              (b) grades four through eight; and 

              (c) grades nine through twelve.

Such plan shall be aligned with the capital plan of the city school district of the city of New York and include continuous class size reduction for low performing and overcrowded schools beginning in the 2007-2008 school year and thereafter and also include the methods to be used to achieve proposed class sizes, such as the creation or construction of more classrooms and school buildings, the placement of more than one teacher in a classroom or methods to otherwise reduce the student to teacher ratio.  Beginning in the 2008-2009 school year and thereafter, such plan shall provide for reductions in class size that, by the end of the 2011-2012 school year, will not exceed the prekindergarten through grade 12 class size targets as prescribed by the commissioner after his/her consideration of the recommendation of an expert panel appointed by the commissioner to conduct a review of existing class size research.  Notwithstanding, any rule or regulation of this Title to the contrary, the sole and exclusive remedy for a violation of the requirements of Education Law section 211-d(2)(b)(ii) shall be pursuant to a petition to the commissioner under Education Law section 310(7), and the decision of the commissioner on such petition shall be final and unreviewable. 

              (2)  Approval and certification.  The commissioner shall approve each contract meeting the provisions of this subdivision and shall certify, for each contract, that the expenditure of additional aid or grant amounts is in accordance with Education Law section 211-d(2).  Approval shall be given to contracts demonstrating to the satisfaction of the commissioner that the allowable programs and activities selected by the district pursuant to the requirements of subdivision (d) of this section:

              (i)  predominately benefit  those students with the greatest educational needs, including but not limited to:

              (a)  students with limited English proficiency and students who are English language learners;

              (b)  students in poverty; and

              (c)  students with disabilities;

              (ii)  predominately benefit those students in schools identified as requiring academic progress, or in need of improvement, or in corrective action, or restructuring and address the most serious academic problems in those schools; and

              (iii)  are based on practices supported by research or other comparable evidence in order to facilitate student attainment of State learning standards.

              (3)  Amendment of contract.  A contract for excellence that is approved by the commissioner pursuant to paragraph (2) of this subdivision may not be subsequently amended unless the amended contract is approved by the commissioner upon a showing of good cause by the district, including, but not limited to, a showing that the contract is based upon an error or errors of material fact or that there has been a change in circumstances, including, but not limited to, a change in the district's fiscal, staffing or other resources, that materially affects the district's ability to carry out the terms of the contract.  Applications for approval to amend a contract shall be in a format, and submitted pursuant to a timeline, as prescribed by the commissioner. 

              (d)  Allowable programs and activities. 

              (1)  General requirements. 

              (i)  Allowable programs and activities shall:

              (a)  predominately benefit students with the greatest educational needs including, but not limited to:

              (1)  students with limited English proficiency and students who are English language learners;

              (2)  students in poverty; and

              (3)  students with disabilities;

              (b) predominately benefit those students in schools identified as requiring academic progress, or in need of improvement, or in corrective action, or restructuring and address the most serious academic problems in those schools;

              (c)  be based on practices supported by research or other comparable evidence in order to facilitate student attainment of State learning standards;

              (d) be consistent with federal and State statutes and regulations governing the education of such students;

              (e) where applicable, be accompanied by high quality, sustained professional development focused on content pedagogy, curriculum development, and/or instructional design in order to ensure successful implementation of each program and activity;

              (f)  ensure that expenditures of the contract amount shall be used to supplement and not supplant funds expended by the district in the base year for such purposes; 

              (g)  ensure that all additional instruction is provided by appropriately certified teachers or highly qualified teachers where required by section 120.6 of this Title, emphasizing skills and knowledge needed to facilitate student attainment of State learning standards; and

              (h)  be coordinated with all other allowable programs and activities included in the district's contract for excellence as part of the district's comprehensive educational plan.

              (ii)  Nothing in this section shall be deemed to preclude a school district from selecting an allowable program and activity involving the use of instructional technology, provided that such program meets the applicable requirements of this subdivision and is approved by the commissioner pursuant to paragraph (2) of subdivision (c) of this section.  

              (2)  Specific program requirements.  Allowable programs and activities shall be limited to:

              (i)  Class size reduction, pursuant to the following:

              (a)  Allowable programs and activities related to class size reduction in the city school district of the city of New York shall include:

              (1)  creation or construction of more classrooms and/or school buildings to facilitate student attainment of State learning standards pursuant to the following requirements:

              (i)  priority shall be given to prekindergarten through grade 12 students in schools requiring academic progress, schools in need of improvement, schools in corrective action, schools in restructuring status, and overcrowded schools;

              (ii) for the 2007-2008 school year, the city school district of the city of New York shall provide baseline data for the 2006-2007 school year stating for each grade level targeted:

              (A)  the number of classes;

              (B)  the average class size; and

              (C) the number of classroom teachers;

              (iii)  for the 2007-2008 school year, the city school district of the city of New York shall establish class size reduction goals for each grade level targeted and upon conclusion of such school year, shall report, in a format and pursuant to a timeline prescribed by the commissioner, measurable progress toward meeting such goals;

              (iv)  beginning in the 2008-2009 school year and continuing through the 2011-2012 school year, the city school district of the city of New York shall: (A) establish annual class size reduction goals for each grade level targeted that will reduce class size toward the prekindergarten through grade 12  targets as prescribed by the commissioner after his/her consideration of the recommendation of an expert panel appointed by the commissioner to conduct a review of existing class size research; (B) make measurable progress in each such school years toward achieving such targets; and (C) not exceed such targets by the end of the 2011-2012 school year; and

              (v)  the classrooms created shall provide adequate and appropriate physical space to students and staff; or

              (2)  assignment of more than one teacher to a classroom to facilitate student attainment of State learning standards pursuant to the following requirements:

              (i)  priority shall be given to prekindergarten through grade 12 students in schools requiring academic progress, schools in need of improvement, schools in corrective action, schools in restructuring status, and overcrowded schools;

              (ii)  for the 2007-2008 school year, the city school district of the city of New York shall report, in a format and pursuant to a timeline prescribed by the commissioner,  the extent to which the assignment of additional teacher(s) to a classroom reduced the classroom teacher-student ratio for each grade level targeted and, where class size reduction goals are established under section 100.13(d)(2)(i)(a)(1)(iii) of this Part, shall also report measurable progress toward meeting such goals; and

              (iii) beginning in the 2008-2009 school year and thereafter, in each classroom to which an additional teacher is assigned, the classroom teacher-student ratio shall not exceed the prekindergarten through grade 12 targets prescribed by the commissioner after his/her consideration of the recommendation of an expert panel appointed by the commissioner to conduct a review of existing class size research; or

              (3) other methods, as approved by the commissioner, to otherwise reduce the student to teacher ratio.

              (b)  Allowable programs and activities related to class size reduction in all other school districts shall include:

              (1)  creation or construction of additional classrooms and/or buildings to facilitate student attainment of State learning standards pursuant to the following requirements:

              (i)  for the 2007-2008 school year, the school district shall provide baseline data for the 2006-2007 school year stating for each grade level targeted:

              (A)  the number of classes;

              (B)  the average class size; and

              (C) the number of classroom teachers;

              (ii)  for the 2007-2008 school year, the school district shall establish class size reduction goals for each grade level targeted and, upon conclusion of such school year, shall report, in a format and pursuant to a timeline prescribed by the commissioner, measurable progress toward meeting such goals;

              (iii)  beginning in the 2008-2009 school year and thereafter, the school district shall:  (A) establish class size reduction goals for each grade targeted that will reduce class size toward the kindergarten through grade 12 class size targets as prescribed by the commissioner after his/her consideration of the recommendation of an expert panel appointed by the commissioner to conduct a review of existing class size research; and (B) make measurable progress in each school year toward achieving such targets; and

              (iv)  the classrooms created shall provide adequate and appropriate physical space to students and staff; or

              (2)  assignment of additional teacher(s) to a classroom to facilitate student attainment of State learning standards pursuant to the following requirements:

              (i) for the 2007-2008 school year, the school district shall provide baseline data for the 2006-2007 school year stating for each grade level targeted:

              (A)  the number of classes;

              (B)  the average class size; and

              (C) the number of classroom teachers;

              (ii)  for the 2007-2008 school year, the school district shall report, in a format and pursuant to a timeline prescribed by the commissioner,  the extent to which the assignment of additional teacher(s) to a classroom reduced the classroom teacher-student ratio for each grade level targeted and, where class size reduction goals are established under section 100.13(d)(2)(i)(b)(1)(iii) of this Part, shall also report measurable progress toward meeting such goals; and

              (iii) beginning in the 2008-2009 school year and thereafter, in each classroom to which an additional teacher is assigned, the classroom teacher-student ratio shall not exceed the kindergarten through grade 12 targets prescribed by the commissioner after his/her consideration of the recommendation of an expert panel appointed by the commissioner to conduct a review of existing class size research; and

              (iv)  placement of additional teacher(s) shall occur only in instances when there is no physical space available for creating additional classrooms.

              (ii)  Student time on task. 

              (a)  For kindergarten through grade 12, increased student time on task shall be designed to provide students with additional instruction time in content areas needed to facilitate student attainment of State learning standards that deepens their content knowledge and conceptual understandings through rigorous academic engagement.  Increased student time on task may be accomplished by one or more of the following:

              (1)  Lengthened school day, pursuant to the following:

              (i) when additional instruction is provided at the middle and high school level, such instruction shall emphasize content areas and instruction in subjects required for graduation; and

              (ii)  student support services shall be provided, which may include, but are not limited to, guidance, counseling, attendance, parent outreach, behavioral support, or instruction in study skills which are needed to support improved academic performance.

              (2)  Lengthened school year, pursuant to the following:

              (i)  the additional time shall be used to provide additional instruction; and

              (ii)  student support services shall be provided,  which may include, but are not limited to, guidance, counseling, attendance, parent outreach, behavioral support, or instruction in study skills which are needed to support improved academic performance.

              (3) Dedicated instructional time, pursuant to the following: 

              (i)  dedicated block(s) of time must be created for instruction in content areas that facilitate student attainment of State learning standards;

              (ii)  a research-based core instructional program must be used during such daily dedicated block(s) of instructional time;

              (iii)  a response-to-intervention program; and/or

              (iv)  individualized intensive intervention.

              (4)  Individualized tutoring, pursuant to the following:

              (i)  shall be primarily targeted at students who are at risk of not meeting State learning standards;

              (ii) shall supplement the instruction provided in the general curriculum;

              (iii) may be provided by a certified teacher, a paraprofessional, a person with a major or minor in the subject matter to be tutored, or anyone otherwise deemed qualified by the superintendent based upon the person's knowledge and experience in education and/or the subject matter to be tutored;

              (iv) shall emphasize content areas to facilitate student attainment of State learning standards, and when individualized tutoring is provided at the middle and high school levels, such tutoring shall emphasize content areas and instruction in subjects required for graduation; and

              (v)  excludes costs for supplemental educational services.

              (b)  Nothing in this section shall be deemed to preclude a school district from selecting one or more of the following programs, as an allowable program or activity to increase student time on task, provided that each such program meets the requirements of this subparagraph and the general requirements of paragraph (1) of this subdivision, and is approved by the commissioner pursuant to paragraph (2) of subdivision (c) of this section:  

              (1) a new or expanded program in the visual arts, music, dance and/or theatre;

              (2)  a new or expanded program in career and technical education;

              (3)  after-school programs offering supplemental instruction, tutoring and/or other academic support and enrichment; and/or

             
(4)  summer camp programs offering supplemental instruction, tutoring and/or other academic support and enrichment.

              (iii)  Teacher and principal quality initiatives.  Teacher and principal quality initiatives shall ensure that teachers and principals are appropriately certified and that all teachers of core academic subjects are highly qualified as required in section 120.6 of this Title and that an appropriately certified teacher, or a highly qualified teacher where required by section 120.6 of this Title, is assigned to every classroom and an appropriately certified principal is assigned to every school in accordance with section 100.2(a).  Such initiatives may include one or more of the following:

              (a)  programs and activities to recruit and retain appropriately certified and highly qualified teachers and appropriately certified principals through the development and implementation of recruitment strategies and retention incentives;

              (b)  professional mentoring programs for teachers and principals pursuant to the following:

              (1)  professional mentoring programs included in district professional development plans pursuant to section 100.2(dd)(2)(iv) of this Title that provide mentoring for new teachers and principals in satisfaction of the mentored experience required for professional certification under sections 80-3.4(b)(2) and 80-3.10(a)(2)(ii) of this Title, or for other district identified needs; and/or

              (2) mentoring to improve the performance of other teachers and principals, consistent with collective bargaining and other applicable requirements;

              (c)  incentive programs, developed in collaboration with teachers in the collective bargaining process, to encourage highly qualified and experienced teachers to work in low performing schools, provided that such programs shall not use funds for school-wide or district-wide salary enhancements or raises;

              (d)  instructional coaches for teachers, pursuant to the following:

              (1)  instructional coaches shall be appropriately certified or highly qualified teachers where required by section 120.6 of this Title; and

              (2)  instructional coaches shall provide teachers with support in content areas and may provide professional development to teachers in pedagogy and/or classroom management, to improve student attainment of State learning standards; and/or

              (e)  school leadership coaches for principals, pursuant to the following requirements:

              (1) school leadership coaches shall provide individualized professional development to assist principals to become more effective instructional leaders and facilitate learning across all the curriculum areas; and

              (2)  ensure that school leadership coaches are appropriately certified as a school district administrator, school administrator and supervisor and/or school business administrator pursuant to Subpart 80-2 of this Title or as a school district leader, school building leader and/or school district business leader pursuant to Subpart 80-3 of this Title and have demonstrated success as such.

              (iv) Middle school and high school restructuring, pursuant to the following:   

              (a)  allowable middle school and high school restructuring programs and activities are those that either:

              (1)  implement instructional program changes to improve student attainment of State learning standards including, but not limited to, providing challenging academic content and learning opportunities, and/or implement intensive research and evidence based, cognitively appropriate academic intervention programs for students who are at risk of not meeting State learning standards. 

              (2)  make structural changes to middle and/or high school organization including, but not limited to, changes to grade offerings in a building, creating grade nine academies, schools within schools, and/or different teams of teachers to deal with different needs of students.

             
(b)  Districts choosing to make structural changes to middle and/or high school organization shall also implement instructional program changes pursuant to subclause (1) of clause (a) of this subparagraph;

              (c)  Nothing in this section shall be deemed to preclude a school district from selecting one or more of the following programs, as allowable middle school and high school restructuring programs and activities, provided that each such program meets the requirements of this subparagraph and the general requirements of paragraph (1) of this subdivision, and is approved by the commissioner pursuant to paragraph (2) of subdivision (c) of this section:  

              (1) a new or expanded program in the visual arts, music, dance and/or theatre; and/or

              (2)  a new or expanded program in career and technical education;

              (v)  Full-day kindergarten or prekindergarten programs, pursuant to the following:

              (a)  a full-day prekindergarten program is an instructional program for four year old children, including students with disabilities as appropriate, operated in accordance with sections 175.5 and 100.3 of this Title.

              (1)   Allowable programs and activities for full-day prekindergarten are limited to the following:

              (i)  a minimum full school day program; or

              (ii)  a minimum full school day program  that includes additional hours to meet the needs of children and families; or

              (iii) a minimum full school day program that includes additional hours to meet the needs of children and families in collaboration with eligible community based agencies; and/or

              (iv)  programs designed to increase the integration of students with disabilities into full-day prekindergarten programs.

              (2)  The program shall provide an instructional program according to the State student performance indicators for prekindergarten; 

              (b)  A full-day kindergarten program is an instructional program for five year old children operated in accordance with sections 175.5 and 100.3 of this Title.

              (1)  Allowable programs and activities for full-day kindergarten are limited to the following:

              (i)  a minimum full school day program; or

              (ii) a minimum full school day program that includes additional hours to meet the needs of children and families;

              (2)  The program shall provide an instructional program according to the State student performance indicators for kindergarten.

              (3)  Exceptions. 

              (i) Experimental programs. 

              (a)  Notwithstanding the provisions of this subdivision, a school district may use up to fifteen percent of the contract amount it receives for experimental programs designed to demonstrate the efficacy of other strategies to improve student achievement.           

              (b)  Any district seeking to implement an experimental program shall first submit a plan to the commissioner for his or her approval, in a format and pursuant to a timeline prescribed by the commissioner, setting forth the need for such experimental program and how such program will improve student performance.

              (c)  An experimental program must be based on an established theoretical base supported by research or other comparable evidence.

              (d) The implementation plan for an experimental program must be accompanied by a program evaluation plan based on empirical evidence to assess the impact on student achievement.

              (e)  The experimental program may be in partnership with an institution of higher education or other organization with extensive research experience and capacity.

              (f)  Nothing in this section shall be deemed to preclude a school district from selecting an experimental program involving the use of instructional technology, provided that such program is approved by the commissioner pursuant to the requirements of this subparagraph:  

              (ii)  Notwithstanding the provisions of this subdivision, a school district may use, in the 2007-2008 school year, up to $30 million dollars or twenty-five percent of the contract amount, whichever is less, to maintain investments in programs and activities listed in Education Law section 211-d(3)(a).

              (e)  Public process. 

              (1)  For the 2007-2008 school year, school districts shall solicit public comment on their contracts for excellence.

              (2)  Commencing with the 2008-2009 school year and thereafter:

              (i)  a district's contract for excellence shall be developed through a public process, in consultation with parents or persons in parental relation, teachers, administrators, and any distinguished educator appointed pursuant to Education Law section 211-c, which shall include at least one public hearing.  In the city school district of the city of New York, a public hearing shall be held within each county of such city.  A transcript of the testimony presented at such public hearings shall be included when the contract for excellence is submitted to the commissioner for review when making a determination pursuant to paragraph (5) of subdivision (c) of this section. The contract shall be developed, to the extent appropriate, consistent with section 100.11 of this Title; and

             
(ii)  In the city school district of the city of New York, each community district contract for excellence shall be consistent with the citywide contract for excellence and shall be submitted by the community superintendent to the community district education council for review and comment at a public meeting.

              (f)  Complaint procedures.  The trustees or board of education of each school district required to prepare a contract for excellence, or the chancellor in the case of the city school district of the city of New York, shall assure that procedures are in place by which parents or persons in parental relation may bring complaints concerning implementation of the district's contract for excellence.

              (1)  In the city school district of the city of New York, such procedures shall provide that complaints may be filed with the building principal with an appeal to the community superintendent, or filed directly with the community superintendent, and that appeal of the determination of a community superintendent shall be made to the chancellor.

              (2)  In all other districts, such procedures shall either provide for the filing of complaints with the building principals with an appeal to the superintendent of schools or for filing of the complaint directly with the superintendent of schools, and shall provide for an appeal to the trustees or board of education from the determination of the superintendent of schools.

              (3)  The determination of the trustees or board of education or the chancellor may be appealed to the commissioner pursuant to Education Law section 310.

              (g)  Reporting.  Each school district shall publicly report, in a format and timeline prescribed by the commissioner, its school-based expenditure of total foundation aid in accordance with the following:  a school district shall report in total and for each of the allowable programs and activities included in its contract for excellence and which the district proposes to fund with its contract amount, for each school and each district-wide program:

              (1)  expenditures in the base year;

              (2)  budgeted expenditures for the current year; and

              (3) actual expenditures for the current year.

              3.  Paragraph (1) of subdivision (e) of section 170.12 of the Regulations of the Commissioner is amended, effective July 31, 2007, as follows:

              (1)  Each school district, except those employing fewer than eight teachers, and each BOCES shall obtain, in a form prescribed by the Commissioner, an annual audit of its records by an independent certified public accountant or an independent public accountant in accordance with the provisions of Education Law section 2116-a(3) and the provisions of this subdivision.  The board of education of the City School District of the City of New York and community districts of such city school district shall obtain an annual audit by the comptroller of the City of New York, or by an independent certified public accountant in accordance with the provisions of Education Law section 2116-a(3) and the provisions of this subdivision.  For school districts required to prepare a contract for excellence pursuant to Education Law section 211-d, the annual audit for the school year during which such contract was in effect shall also include a certification by the accountant or, where applicable, the comptroller of the City of New York, in a form prescribed by the Commissioner, that the increases in total foundation aid and supplemental educational improvement plan grants have been used to supplement, and not supplant funds allocated by the district in the base year for such purposes.   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED ADDITION OF SECTION 100.13 AND AMENDMENT OF SECTION 170.12 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO EDUCATION LAW SECTIONS 101, 207, 215, 305 AND 211-d AND CHAPTER 57 OF THE LAWS OF 2007, RELATING TO CONTRACTS FOR EXCELLENCE

ASSESSMENT OF PUBLIC COMMENT

              Since publication of Notice of Emergency Adoption and Proposed Rule Making in the State Register on May 16, 2007, the Department received the following comments on the proposed rule.

1.  COMMENT:

              Career and technical education programs, arts and music programs, after-school programs, summer camp programs and instructional technology programs should be included as allowable programs and activities.

DEPARTMENT RESPONSE:

              The proposed rule has been revised to clarify that such programs may be included as allowable programs and activities, provided the programs meet the applicable requirements of section 100.13(d) and are approved by the Commissioner pursuant to 100.13(c)(2).

2.  COMMENT:

              The State Education Department should identify the quality standards and outcomes school districts must incorporate in determining how to use Contract for Excellence funds for after-school programs.  Partnerships between schools and community-based organizations should be strongly encouraged.

DEPARTMENT REPONSE;

              The Department believes that these concerns can be best addressed in guidance.

3.  COMMENT:

              Some commenters stated that contract funds should be able to be used as a class size reduction initiative for the creation or construction of classroom space.  Another commenter stated that the statute does not require the Regents to authorize the use of Contract for Excellence funds for the local share of capital expenditures as part of a class-size reduction plan.  Such use of Foundation Aid funds could supplant local resources, which is prohibited under the law. The law clearly intended that Foundation Aid would only be used for operating purposes. 

  DEPARTMENT RESPONSE:

              The Department agrees that contract funds may be used for construction, but advises that school districts should first use building aid and EXCEL aid for school construction.

              Removing the option of using Foundation Aid for the creation or construction of more classrooms and school buildings, an activity specifically mentioned in the statute as an example of methods to reduce class sizes, would contravene the statute. Foundation aid is a general aid that may be used for capital as well as operating  expenses, and there is no language in the statute that limits the type of expense for which the increased Foundation aid may be used.  The new funds provided under this year’s budget identified as being subject to the Contract for Excellence requirements were not appropriated solely to correct funding formula inequities, but to fund new and expanded programs under broad areas proven to improve student achievement. One of the five areas targeted was class-size reduction.  Helping fund the creation of additional classroom space to achieve that goal, by paying all or part of the local share of the costs of construction, must be an allowable activity.  Otherwise, this goal can only be achieved by putting additional teachers in existing classrooms, which is clearly not the Legislature’s intent for this program.   School districts, of course, may not use the increased Foundation aid to supplant existing funds except as authorized by the statute, but there will be situations in which such aid may be used to defray the local share of construction costs without supplanting.

4.  COMMENT:

              Providing additional teachers in the classroom to reduce the student to teacher ratio, an allowable option under the class-size reduction program in New York City, is desirable; however, it must be considered a transitory measure until new seats are created within the five year framework

DEPARTMENT RESPONSE:

              While we cannot speak to the legislative intent regarding the length of time this option would be allowed under the five year class-size reduction plan required under the Contract for Excellence requirements, there is no specific time limit established in the plain language of the statute.  A statutory change may be needed to clarify this matter.

5.  COMMENT:

              There is nothing in the authorizing statute (Education Law section 211-d) to justify imposition on school districts outside the City of New York the limitation that if such districts elect to reduce class size by adding a teacher to a classroom, they must not exceed classroom targets set by the Commissioner after consideration of recommendations from an expert panel charged with reviewing class size reduction research.

DEPARTMENT RESPONSE:

              The Department disagrees.  Although Education Law section 211-d(2)(b)(ii) sets forth specific class size reduction criteria applicable to the City of New York, section 211-d(3)(a) includes class size reduction as an allowable program and activity for all school districts and authorizes the Commissioner to adopt regulations regarding such allowable programs and activities.   Requiring that school districts not exceed class size targets established by the Commissioner is consistent with this statutory authority and is necessary to ensure accountability of contract for excellence funds used for class size reduction.

6.  COMMENT:

              Section 100.13(d)(2)(iii)(c) should be revised for purposes of consistency with Education Law section 211-d to replace "highly qualified teacher" with "highly qualified and experienced teacher."  The proposed rule should define "highly qualified and experienced teachers". 

DEPARTMENT RESPONSE:

              Section 100.13(d)(2)(iii)(c) has been revised to conform to Education Law section 211-d.  The proposed rule already includes a provision defining "highly qualified teacher."  With respect to "experienced" teachers, the Department believes that since this provision concerns incentive programs by school districts to encourage highly qualified and experienced teachers to work in low-performing schools, such determinations are best left to individual school districts, with guidance to be provided by the Department as necessary.

7.  COMMENT:

              Support was expressed for the inclusion in the proposed rule of "dedicated instructional time" as one of the "time on task" activities authorized for use of Contract funds.

DEPARTMENT RESPONSE:

              Since dedicated instructional time is already included in section 100.13(d)(2)(a)(ii)(3) as one of the "student time on task" allowable programs and activities, no response is necessary.  

8.  COMMENT:

              Mentoring should also be authorized to remedy deficient performance by a veteran teacher.

DEPARTMENT RESPONSE:

              Section 100.13(d)(2)(iii)(b) has been revised to also permit mentoring to improve the performance of teachers and principals who are not newly appointed, consistent with collective bargaining and other applicable requirements.      

9.  COMMENT:

              There should not be a two-year limit for mentoring (allowing mentoring only for teachers and principals in the first or second year of a new assignment).  Mentoring should be provided throughout an educator's initial 3-year probationary period.

DEPARTMENT RESPONSE:

              Section 100.13(d)(2)(ii)(b) has been revised to delete the provision limiting mentoring to teachers and principals who are in their first or second year of a new assignment.

10.  COMMENT:

              The proposed rule should be revised to authorize individuals holding certification titles as school district administrator (SDA), school administrator and supervisor (SAS), and school business administrator (SBA) to be eligible to serve as school leadership coaches.

DEPARTMENT RESPONSE;

              Section 100.13(d)(2)(iii)(e) has been revised to allow individuals holding SDA, SAS and/or SBA title certification to be eligible to serve as school leadership coaches.

11.  COMMENT:

              Instructional coaches should also be authorized to assist teachers with pedagogical and classroom management techniques.

DEPARTMENT RESPONSE:

              Section 100.13(d)(2)(iii)(d) has been revised to also permit instructional coaches to provide professional development to teachers in pedagogy and/or classroom management, to improve student attainment of State learning standards.

12.  COMMENT:

              The proposed rule should recognize that ultimate authority for decisions on the development of Contract for Excellence Plans must be exercised by duly chosen public officials and should not require concurrence from a private entity.  Another commenter stated that there must be clear uniform guidelines for meaningful public participation and the proposed rule must require districts to work with parent-student groups to maximize student success.

DEPARTMENT RESPONSE:

              Consistent with Education Law section 211-d, section 100.13(e) requires that school districts solicit public comment on their contracts for excellence for the 2007-2008 school year, and develop their contracts for excellence for subsequent school years in consultation with parents or persons in parental relation, teachers, administrators, and any distinguished educator appointed under Education Law section 211-c, and hold at least one public hearing.  Although school districts must consult with the persons specified, there is nothing in the proposed rule that requires school districts to obtain their approval or concurrence for decisions on the development of the contracts.

13.  COMMENT:

              There seems to be an inconsistency with the proposed rule's provisions in 100.13(d)(2)(vi), which ensures Contract funds shall be used to supplement and not supplant funds expended in the base year, and section 100.13(d)(3)(e)(ii), allowing up to 25% to maintain investments in the allowable programs. 

DEPARTMENT RESPONSE:

              There is no inconsistency in the proposed rule's provisions.  Section 100.13(d)(3)(ii) provides that notwithstanding the provisions of subdivision (d) of section 100.13, a school district may use, in the 2007-2008 school year, up to $30 million or 25% of the contract amount, whichever is less, to maintain investments in allowable programs and activities.  Therefore, the supplement and not supplant provision in 100.13(d)(3)(ii) does not apply to such use.  

14.  COMMENT:

              Section 100.13(d)(iii) (a), which includes programs to recruit and retain certified and highly qualified teachers through recruitment strategies and retention incentives, should be revised to also include school administrators.

DEPARTMENT RESPONSE:

              Section 100.13(d)(iii) (a) has been revised to include principals and now reads as follows:  "(a)  programs and activities to recruit and retain appropriately certified and highly qualified teachers and appropriately certified principals through the development and implementation of recruitment strategies and retention incentives."

15.  COMMENT:

              The proposed rule should require boards of education to create policies regarding the filing of complaints under section 100.13(f), in consultation with building administrators, to ensure sound procedures and that all complaints are tracked and administered correctly.  The words "implementation of" should be deleted from section 100.13(f) because they have potential to open door to a myriad of unintended complaints that will bog-down the process.

DEPARTMENT RESPONSE;

              No revision is necessary.  Section 100.13(f) already requires boards of education to assure that procedures are in place by which parents may bring complaints concerning implementation of the district's contract of excellence, including procedures providing for the filing of complaints with the building principal with an appeal to the superintendent of schools or for filing of the complaint directly with the superintendent of schools, and providing for an appeal to the board of education, and an appeal of the board's determination to the Commissioner.  Education Law section 211-d(7) authorizes "complaints concerning the implementation of the district's contract for excellence."  Therefore, the term "implementation of" cannot be deleted from section 100.13(f).

16.  COMMENT:

              The proposed rule must ensure that allowable programs/activities predominately benefit the neediest students, and target schools with high concentrations of high need students, which may include, but should not be limited to, schools under registration review and schools in need of improvement.

DEPARTMENT RESPONSE:

              Section 100.13(c)(2) was amended at the June 2007 Regents meeting to provide, among other things, that the Commissioner's approval shall be given to contracts demonstrating that the allowable programs and activities: (i) predominately benefit those students with the greatest educational needs; and (ii) predominately benefit those students in schools identified as requiring academic progress, or in need of improvement, or in corrective action, or restructuring and address the most serious academic problems in those schools.

17.  COMMENT:

              The proposed rule must require that contracts are clear, simple and easily understandable, show how much money will be spent on a school-by-school and program-by-program basis, and how these programs serve the neediest students and are designed to meet specific needs of specific students, including English language learners and students with disabilities.

DEPARTMENT RESPONSE:

              The Department has been concerned about all of these issues.  As a result, the Department developed a system for collecting information from school districts that included concise statements of achievement issues and special populations and the contract for excellence strategy.  The system collects information at the school level for each of the allowable programs and activities included in the statute including metrics to measure the change that districts expect to occur as a result of the expenditure of contract for excellence dollars.  In addition the system gathers information on the extent of targeting resources to students with the greatest educational needs.