THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	EMSC-VESID Committee
FROM:	James A. Kadamus
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Registration of Schools and School/District Accountability
DATE:	April 22, 2005
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

Executive Summary

 

Issue for Discussion

           

            Proposed amendment to section 100.2(p) of the Regulations of the Commissioner of Education.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

Proposed Handling

 

            The proposed amendment is before the Committee for discussion in May and will be submitted for action at the June meeting.

 

Procedural History

 

            The proposed amendment is necessary to conform the Commissioner's Regulations to the No Child Left Behind Act of 2001 (NCLB) and the Individuals with Disabilities Education Improvement Act of 2004 relating to academic standards and school and school district accountability.  The State and local educational agencies, including school districts, BOCES and charter schools, are required to comply with NCLB as a condition to their receipt of federal funding under Title I of the Education and Secondary Education Act (ESEA), as amended.

 

Background Information

 

            The purposes of the proposed amendment are to:  (1)  define "alternate assessment" as a State alternate assessment recommended by the committee on special education, for use by students with disabilities in lieu of a required State assessment; (2) define "significant medical emergencies" and "participation rates" for purposes of determining the performance of schools and districts on State assessments and for purposes of determining adequate yearly progress; (3) establish criteria for determining the accountability status of newly registered schools, merged schools and schools transferring responsibilities for one or more grades to another entity; (4) establish criteria for determining adequate yearly progress in districts with 40 or more students based on the amended definition of participation rates; (5) establish criteria and procedures to designate school districts that fail to make adequate yearly progress and establish a timeline, in compliance with NCLB, indicating the effective date when each district and school accountability group will be subject to the performance criteria; and (6) clarify provisions governing the inclusion of transferring students in the high school cohort.

 

            A Notice of Proposed Rule Making was published in the State Register on April 13, 2005.

 

Recommendation

 

            The Board of Regents should discuss the proposed amendment in May and take action in June in order to ensure consistency of the Commissioner's Regulations with the NCLB accountability requirements and the Individuals with Disabilities Education Improvement Act of 2004.

 

Timetable for Implementation

 

            The effective date of the proposed amendment is July 14, 2005.

 

 

 

Attachment

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

            Pursuant to Education Law sections 101, 207, 210, 215, 305, 309 and 3713

Subdivision (p) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective July 14, 2005 as follows:

(p)  Registration of schools and school/district accountability.  Nonpublic schools may be, and public elementary, intermediate, middle, junior high, and high schools shall be, registered by the Board of Regents pursuant to this subdivision upon recommendation by the commissioner, provided that charter schools shall not be subject to registration pursuant to this subdivision, but shall be held accountable for meeting or exceeding the student performance standards and student assessment requirements applicable to other public schools in accordance with the provisions of article 56 of the Education Law.  No school district may operate a public school whose registration has been revoked by the Board of Regents pursuant to paragraph (10) of this subdivision.  Only those public and nonpublic high schools which are registered by the Board of Regents upon recommendation of the commissioner, may issue diplomas and administer Regents examinations, except that charter schools may issue diplomas and administer Regents examinations as authorized by article 56 of the Education Law.

(1)  Definitions.  As used in this subdivision:

(i)  .   .   .

(ii)  .   .   .

(iii)  .   .   .

(iv)  Performance index shall be calculated based on the four student performance levels defined in this subparagraph.  Each student scoring at level 1 will be credited with 0 points, each student scoring at level 2 with 100 points, and each student scoring at level 3 or 4 with 200 points.  The performance index for each accountability group will be calculated by summing the points and dividing by the number of students in the group.

(v)  Performance levels shall mean:

(a)  level 1/basic

(1)  for elementary and middle grades:

(i)  a score of level 1 on State assessments in English language arts, mathematics and science or a score of level 1 on [the New York State Alternate Assessment (NYSAA)] a State alternate assessment;

(ii)  .   .   .

(iii)  for the 2004-2005 and prior school years, the score to be reported for a student with a disability who participates in the local assessment option.

(2)  [For] for high school:

(i)  .   .   .

(ii)  .   .   .

(iii) a score of level 1 on [the NYSAA] a State alternate assessment;

(iv)  .   .   .

(v)  for the 2004-2005 and prior school years, the score of a student with a disability who participates in the local assessment option;

(b)  level 2/basic proficient:

(1)  for elementary and middle grades:

(i) a score of level 2 on State assessments in English language arts, mathematics and science or a score of level 2 on [the NYSAA] a State alternate assessment;

(ii)  .   .   .

(2)  for high school:

(i)  .   .   .

(ii)  .   .   .

(iii) a score of level 2 on [the NYSAA] a State alternate assessment;

(c)  level 3/proficient:

(1)  for elementary and middle grades:

(i) a score of level 3 on State assessments in English language arts, mathematics and science or a score of level 3 on [the NYSAA] a State alternate assessment;

(ii)  .   .   .

(2)  for high school:

(i)  .   .   .

(ii)  .   .   .

(iii) a score of level 3 on [the NYSAA] a State alternate assessment; and

(d)  level 4/advanced:

(1)  for elementary and middle grades:

(i) a score of level 4 on required State assessments in English language arts, mathematics and science or a score of level 4 on [the NYSAA] a State alternate assessment;

(ii)  .   .   .

(2)  for high school:

(i)  .   .   .

(ii) a score of level 4 on [the NYSAA] a State alternate assessment;

(vi)  .   .   .

(vii) [Alternative] Alternate assessment means [the New York State Alternative Assessment (NYSAA)] a State alternate assessment recommended by the committee on special education, for use by students with disabilities as defined in section 100.1(t)(2)(iv) of this Part in lieu of a required State assessment.

(viii)  .   .   .

(ix)  .   .   .

(x)  Significant medical emergency means an excused absence from school during both the regular and makeup examination period for which a district has documentation from a medical practitioner that a student is so incapacitated as to be unable to participate in the State assessment given during that examination period.

(xi) For elementary and middle-level students, participation rate means the percentage of students enrolled on all days of test administration who did not have a significant medical emergency who received valid scores on the State assessments for elementary and middle-level schools, as set forth in paragraph (1)(v) of this subdivision.

(xii) For high school students, participation rate means the percentage of designated students in at least their fourth year of high school, as designated by the Commissioner, who received a valid score on the required assessments for high schools, as set forth in paragraph (1)(v) of this subdivision.

(xiii) NCLB means the No Child Left Behind Act of 2001, Public Law, section 107-110.

(2)  Procedure for registration of public schools.  (i)  .   .   .

(ii) A school district that seeks to register a public elementary, intermediate, middle, junior high school or high school which is not registered pursuant to subparagraph (i) of this paragraph shall submit a petition for registration to the Board of Regents, in a form prescribed by the commissioner and containing such information as the commissioner may require, no later than June 15th for schools opening in September of the next successive school year or, for those schools opening during a current school year, at least 90 days prior to the opening of such school, except that the commissioner may waive this timeline for good cause.  The commissioner shall review the petition and shall recommend its approval to the Board of Regents if it is satisfactorily demonstrated that the district has provided an assurance that the school will be operated in an educationally sound manner; is in compliance with applicable statutes, rules and regulations relating to public schools; and will operate in accordance with applicable building codes and pursuant to a certificate of occupancy.  No new public school will be recommended for registration by the commissioner if, in the commissioner's judgment, the establishment of such school would conflict with an approved plan for district reorganization, except where it can be established to the satisfaction of the commissioner that such school is essential to the education welfare of the students. 

(a)  Where a school registered pursuant to this paragraph is in a district in which one or more schools have been identified as a school requiring academic progress, the Commissioner shall determine the accountability status of the newly registered school based upon his review of the proposed educational program, including but not limited to such factors as: school mission, school administration and staff, grade configurations and groupings of students, zoning patterns, curricula and instruction and facilities. 

(b)  In the event that a school district merges two or more schools or transfers organizational responsibility for one or more grades from one school to another, the Commissioner may adjust the accountability status of the affected schools to reflect such organizational changes.

(3)  .   .   .

(4)  .   .   .

(5)  Adequate yearly progress.  (i)  .   .   .

(ii)  .   .   .

(iii)  .   .   .

(iv)  An accountability group shall be deemed to have made adequate yearly progress on an accountability performance criterion specified in paragraph (14) of this subdivision if:

(a)  the superintendent of the school district or the principal of the charter school has submitted the required student data files to the commissioner pursuant to [paragraph] section 100.2(bb)(2) [of this section] or section 119.3(b) of this [Title] title in the timeframe and format specified by the commissioner; and

(b)  for accountability groups consisting of 40 or more students[:

(1)  for elementary and middle grades, 95 percent of students enrolled on the first day of test administration received valid scores on the State assessments of  elementary and middle-level English language arts and mathematics; or

(2) for high school, commencing with the 2003-2004 school year, 95 percent of designate students in at least their fourth year of high school, as designated by the commissioner, received valid scores on the required assessments for high schools, as set forth in subparagraph (1)(v) of this subdivision;] ,either:

(1)  the participation rate for the current year equals or exceeds 95 percent; or

(2)  the weighted average of the current year and prior year participation rates equals or exceeds 95 percent.

(c)  .   .   .

(v)  A public school, charter school or school district shall be deemed to have made adequate yearly progress on a performance indicator specified in paragraph (15) of this subdivision if:

(a)  the superintendent of the school district or the principal of the charter school has submitted the required student data files to the commissioner pursuant to [paragraph] section 100.2(bb)(2) [of this section] or section 119.3(b) of this [Title] title in the timeframe and format specified by the commissioner; and,

(b)  [all students] the “all students” accountability group in the school or school district at the applicable grade level or high school cohort met or exceeded the performance indicator and, for elementary and middle levels, 80 percent of students enrolled on all days of the science test administration, who did not have a significant medical emergency, received valid scores. 

(vi)  [A school district or public school that does not make adequate yearly progress on the same accountability performance criterion in paragraph (14) or the same accountability indicator in paragraph (15) for two consecutive years shall be identified as a "school requiring academic progress" as specified in paragraph (6) of this subdivision.

(vii)]  For each school year, public schools, school districts, and charter schools in which no students or, pursuant to subparagraph (ii) of this paragraph fewer than 30 students, participate in the required State assessments for English language arts or mathematics, or in which the majority of students are not continuously enrolled, shall conduct a self-assessment of their academic program and the school learning environment, in such format and using such criteria as may be prescribed by the commissioner.  Such self-assessment shall not be required of those schools and school districts for which the commissioner shall conduct a review of the performance of the school or school district in accordance with subparagraph (viii) of this paragraph.  The superintendent of the school district or principal of the charter school shall review the self-assessment(s) and make a recommendation to the commissioner, in such format and according to such timeframe as the commissioner may prescribe, as to whether the school or school district has made adequate yearly progress.  The commissioner shall consider the self-assessment, board recommendation and any other relevant information in determining whether the school or school district made adequate yearly progress.

[(viii)]  (vii)  .   .   .

(6)  Schools requiring academic progress.  [(I)] (i)  A public school that fails to make adequate yearly progress for two consecutive years in the same accountability performance criterion in paragraph (14) or the same accountability indicator in paragraph (15) shall be designated in the next school year as a "School Requiring Academic Progress: Year 1."  A school improvement plan in such format as may be prescribed by the commissioner shall be developed by each school requiring academic progress.  Such school improvement plan shall be formally approved by the board of education (in New York City, both the New York City Board of Education and the community school board for schools under the jurisdiction of the community school district) no later than three months following the identification of the school as requiring academic progress and shall be implemented no later than the beginning of the next school year after the school year in which the school was identified or immediately upon approval of the board of education if such approval occurs after the first day of regular student attendance.  Such plan shall cover a two-year period and be developed in consultation with parents, school staff, the school district, and outside experts and to the extent appropriate, consistent with section 100.11 of this Title.  The plan shall be updated annually and approved by the board of education and implemented no later than the first day of regular student attendance of each year that the school remains in improvement.

(ii)  .   .   .

(iii)  .   .   .

(iv)  .   .   .

(v)  .   .   .

(vi)  .   .   .

(vii)  .   .   .

(viii)  .   .   .

(ix)  .   .   .

(x)  .   .   .

(xi)  .   .   .

(xii)  .   .   .

(xiii)  .   .   .

(xiv)  .   .   .

(xv)  .   .   .

(xvi)  .   .   .

(xvii)  .   .   .

(7) Districts requiring academic progress.  (i)  [A district that fails to make adequate yearly progress for two consecutive years on the same criterion or indicator shall be designated as a “district requiring academic progress.”] Commencing with 2003-2004 school year results, a district that failed to make adequate yearly progress on all criteria in paragraph (14) in a subject area, or all indicators in paragraph (15)(i) and (ii), or the indicator in paragraph (15)(iii), for two consecutive years shall be designated as a “district requiring academic progress.”  A district improvement plan in such format as may be prescribed by the commissioner shall be developed by each district requiring academic progress.  Such district improvement plan shall be formally approved by the board of education (in New York City, both the New York City Board of Education and the community school board for schools under the jurisdiction of the community school district) no later than three months following the identification of the district as requiring academic progress and submitted to the commissioner for approval.  The plan shall be implemented no later than beginning of the next school year after the school year in which the school district was identified as requiring academic progress.  Such plan shall be developed in consultation with parents, school, staff, and others.  The plan shall be revised annually and resubmitted to the commissioner for approval no later than July 31st of each school year in which the district remains identified as requiring academic progress.  Any modification of the district's approved improvement plan shall require the prior approval of the commissioner.

            (ii) [A district identified for academic progress that makes adequate yearly  progress for two consecutive years on each criterion or indicator for which it has been identified shall be removed from identification as requiring academic progress.]  Commencing with 2003-2004 school year results:  (a)  a district identified as requiring academic progress for failing to make adequate yearly progress on all criterion in paragraph (14) in a subject area shall be removed from such status if it makes adequate yearly progress for two consecutive years on any criterion in the subject area for which it is identified, (b)  a district identified as requiring academic progress for failing to make adequate yearly progress on both indicators set forth at paragraphs (15)(i) and (ii) shall be removed from such status if it makes adequate yearly progress for two consecutive years on either of such indicators, and (c)  a district identified as requiring academic progress for failing to make adequate yearly progress on the indicator set forth at paragraph (15)(iii) shall be removed from such status if it makes adequate yearly progress for two consecutive years on such indicator; provided that for a district requiring academic progress that is removed from such status based on 2002-2003 and 2003-2004 results, such district shall have made adequate yearly progress in 2002-2003 on each criterion or indicator for which it was identified.

(iii)  A local educational agency (LEA) that received funds under title I for two consecutive years during which the LEA did not make adequate yearly progress on all criteria in paragraph (14) in a subject area, or all indicators in paragraph (15)(i) and (ii), or the indicator in paragraph (15)(iii), shall be identified for improvement under section 1116(c) of the NCLB, 20 U.S.C. section 6316(c) and shall be subject to the requirements therein (Public Law, section 107-110, section 1116(c), 115 STAT. 1487-1491; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(iv)  .   .   .

            (v) [An LEA identified for improvement or corrective action that makes adequate yearly progress for two consecutive years on each criterion or indicator for which it has been identified] Commencing with 2003-2004 school year results, an LEA identified for improvement or corrective action that is removed from status as a district requiring academic progress pursuant to paragraph (7)(ii) of this section shall no longer be subject to the requirements of section 1116(c) of the NCLB, 20 U.S.C. section 6316(c) (Public Law, section 107-110, section 1116(c), 115 STAT. 1487-1491; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234.)

(8)  .   .   .

(9)  .   .   .

(10)  .   .   .

(11)  .   .   .

(12)  .   .   .

(13)  .   .   .

            (14)  Public school, school district and charter school accountability performance criteria.  Commencing with the 2002-2003 school year, each district and school accountability group, as defined in [subparagraph] paragraph (1)(i) of this subdivision shall be subject to the performance criteria specified below:

           (i)  .   .   .

           (ii)  .   .   .

           (iii)  .   .   .

           (iv)  .   .   .

           (v)  .   .   .

           (vi)  .   .   .

           (vii)  For each [indicator] criterion (subparagraphs (i) through (v) of this paragraph), the commissioner shall also establish a benchmark against which the performance of the accountability group, all students, defined in [subparagraph] paragraph (1)(i) of this subdivision, will be measured.  This benchmark will be used in recognizing high-performing schools and districts, determining which school districts are required to develop local assistance plans as described in [paragraph] subdivision (m)(6) of this section and for identifying those schools that are subject to registration review pursuant to paragraph (9) of this subdivision.

(15)  Additional public school, school district, and charter school accountability indicators. 

(i) Elementary science indicator:  (a)  [An elementary science passing rate of 40 percent in 2002-03 and, beginning in 2003-04,] an index of 100 that may be incremented annually, as the commissioner deems appropriate, or [, beginning in 2002-2003,] progress in relation to performance in the previous school year and, (b)  beginning in 2004-05, 80 percent of students enrolled on all days of the test administration, who did not have a significant medical emergency, received valid scores.

            (ii) Middle-level science indicator:  (a)  [A middle-level science] an index of 100 that may be incremented annually, as the commissioner deems appropriate, or progress in relation to performance in the previous year and, (b)  beginning in 2004-05, 80 percent of students enrolled on all days of the test administration, who did not have a significant medical emergency, received valid scores.

(iii)  .   .   .

(16)  Annual high school or high school alternative cohort.  (i) Except as provided in clauses (a) and (b) of this subparagraph, the annual high school cohort for purposes of determining adequate yearly progress on the criteria set forth at subparagraph (14)[(v)] (vi) of this subdivision and identifying schools for registration review pursuant to paragraph (9) of this subdivision for any given year shall consist of those students who first enrolled in ninth grade three years previously anywhere and who were enrolled in the school on the first Wednesday in October of the previous school year.  The annual district high school cohort for purposes of determining such adequate yearly progress for any given year shall consist of those students who first enrolled in ninth grade three years previously anywhere and who were enrolled in the district or placed by the district committee on special education or by district officials in educational programs outside the district on the first Wednesday in October of the previous school year.  Students with disabilities in ungraded programs shall be included in the annual district and high school cohort in the fourth school year following the one in which they attained the age of 16.

(a)  The following students shall not be included in the annual high school cohort:  students who transferred to another high school or approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this title, or criminal justice facility, who left the United States or its territories, or who are deceased; except that, beginning with students who first entered grade 9 in the 2002-03 school year, the following students will be included in the high school cohort of the school they attended before transferring:  

(1)  students who transfer to an approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this title, but leave that program before the end of the third school year after the school year in which they first entered grade 9 without having earned a high school equivalency diploma or without entering a program leading to a high school diploma; and (2) students who transfer to any high school equivalency preparation program other than those approved pursuant to 100.7 of this title.  [The following students who first entered grade 9 in the 1999-2000 school year shall not be included in the annual high school cohort for the 2003-2004 school year: limited English proficient students who are new immigrants who first enter a New York State high school after their 17th birthday and are assigned to grade 9 or 10 and student with severe disabilities who are eligible to take the New York State alternative assessment.]

(b) The following students shall not be included in the annual district high school cohort: students who transferred to a high school that is not a component of the district or to an approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this title, or criminal justice facility, who left the United States or its territories, or who are deceased; except that, beginning with students who first entered grade 9 in the 2002-03 school year, the following students will be included in the high school cohort of the district they attended before transferring:  (1)  students who transfer to an approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this title, but leave that program before the end of the third school year after the school year in which they first entered grade 9 without having earned a high school equivalency diploma or without entering a program leading to a high school diploma; and (2)  students who transfer to any high school equivalency preparation program other than those approved pursuant to 100.7 of this title.  [The following students who first entered grade 9 in the 1999-2000 school year shall not be included in the annual district high school cohort for the 2003-2004 school year: limited English proficient students who are new immigrants who first enter a New York State high school after their 17th birthday and are assigned to grade 9 or 10 and students with severe disabilities who are eligible to take the New York State alternate assessment.]

(ii)  .   .   .

(iii)  .   .   .

(17)  .   .   .

(18)  .   .   .

(19)   .   .   .