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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
EMSC-VESID Committee |
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FROM: |
Jean C. Stevens |
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SUBJECT: |
Proposed Amendment to the Regulations of the Commissioner Relating to Public School and District Accountability |
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DATE: |
November 15, 2006 |
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STRATEGIC
GOAL: |
Goals 1 and 2 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for Decision
Should the Regents confirm the emergency action taken in September on the proposed amendment to subdivision (p) of section 100.2 of the Regulations of the Commissioner of Education relating to public school and district accountability?
Reason(s) for Consideration
Required by federal statute.
Proposed
Handling
The proposed rule was adopted as an emergency measure at the September Regents meeting and will come before the Regents EMSC-VESID Committee in December for adoption as a permanent rule. A second emergency adoption is also necessary at the December meeting to ensure that the September emergency rule remains continuously in effect until the effective date of its adoption as a permanent rule. A statement of the facts and circumstances which necessitate emergency action is attached.
Procedural
History
The proposed rule was discussed by the Committee at its September meeting and adopted as an emergency measure, effective September 19, 2006.
Background
Information
The proposed amendment is necessary to
conform the Commissioner's Regulations to the No Child Left Behind Act of 2001
(NCLB) relating to school and local educational agency accountability.
Adoption of the proposed amendment is also
necessary to ensure conformance with
On July 27, 2006, Henry L. Johnson, the Assistant Secretary of the Office
of Elementary and Secondary Education of the USDOE, informed Commissioner Mills
that USDOE had approved New York’s request to amend its State accountability
plan under Title I of the Elementary and Secondary Education Act of 1965 (ESEA),
as amended by the NCLB. The purposes of the proposed amendment are to conform
the Commissioner’s Regulations with the approved NCLB
accountability plan and to implement
(1) modifying
the School Performance Index to incorporate the results from
(2) revising the Annual Measurable Objectives in English language arts and mathematics to reflect the use of grade 3-8 test results;
(3) combining the elementary and secondary science criteria into a single combined elementary-middle level science criterion;
(4) revising the definition of the graduation cohort beginning with the 2003 graduation cohort to make schools accountable for students after they received five months of instruction in a school or district;
(5) incorporating in the limited English proficient (LEP) subgroup students who had previously been considered LEP students during the prior one or two years in order to calculate Adequate Yearly Progress;
(6) restricting the use of backmapping to schools serving exclusively students below grade three;
(7) revising the
timelines for schools and local educational agencies whose 2006-2007
accountability status is dependent on 2005-2006 grade 3-8 assessment results to
take certain actions required of schools and local
educational agencies identified as requiring academic progress or as in need of
improvement;
(8) indicating that
the New York State English as a Second Language Achievement Test (NYSESLAT) will
no longer be administered, in lieu of the required State assessment in English
language arts, for accountability purposes beyond the 2005-2006 school year;
and
(9) restricting the
use of the NYSESLAT, for participation rate purposes, to limited English
proficient students who have attended school in the
Supporting
materials for the proposed rule are available upon request from the Secretary to
the Board of Regents. A Notice of Emergency Adoption and Proposed
Rule Making was published in the State Register on October 4, 2006.
Recommendation
It is recommended that the Board of Regents take the following action:
VOTED:
That subdivision (p) of section 100.2 of the Regulations of the
Commissioner be amended as submitted, effective December 28,
2006.
VOTED:
That subdivision (p) of section 100.2 of the Regulations of the
Commissioner be amended as submitted, effective December 12, 2006, 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 ensure that
the emergency rule adopted at the September Regents meeting remains continuously
in effect until the effective date of its adoption as a permanent rule.
Timetable for
Implementation
The December second emergency adoption will become effective on December 12, 2006 and the December permanent adoption will become effective December 28, 2006.
Attachment
PROPOSED AMENDMENT OF SECTION 100.2(p) OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSANT TO EDUCATION LAW SECTIONS 101, 207, 210, 215, 305, 309 and 3713, RELATING TO PUBLIC SCHOOL AND DISTRICT ACCOUNTABILITY
STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION
The purpose of
the proposed amendment is to conform
the Commissioner's Regulations to the provisions of the No Child Left Behind Act
of 2001 (NCLB) relating to school and local educational agency 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.
On July 27, 2006, Henry L. Johnson, the Assistant Secretary of the Office
of Elementary and Secondary Education of the United States Department of
Education (USDOE), informed Commissioner Mills that USDOE had approved
The proposed amendment was adopted at the September 11-12, 2006 Regents meeting as an emergency measure, effective September 19, 2006, in order to ensure that decisions regarding whether schools and districts make Adequate Yearly Progress are consistent with New York’s approved NCLB accountability plan and are based upon the results of the English language arts and mathematics assessments first administered to students during the 2005-2006 school year; and to implement in part the provisions of New York’s plan submitted to the United State Department of Education on August 2, 2006, which address the findings of the USDOE peer review of New York’s assessment program. A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on October 4, 2006.
It is
anticipated that the proposed amendment will be presented to the Board of
Regents for adoption as a permanent rule at their December 4-5, 2006 meeting,
which is the first scheduled meeting after expiration of the 45-day public
comment period mandated by the State Administrative Procedure Act. Pursuant to SAPA section 202(5), the
permanent adoption cannot become effective until after its publication in the
State Register on December 27, 2006.
However, the September emergency adoption will expire on December 17,
2006, 90 days after its filing with the Department of State on September 19,
2006. A disruption in the rule's
effectiveness would
place
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 December 12,
2006 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 or has lapsed pursuant to
paragraph (3) 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) Accountability groups
shall mean, for each public school, school district and charter school, those
groups of students for each grade level or annual high school cohort, as
described in paragraph (16) of this subdivision comprised of: all students;
students from major racial and ethnic groups, as set forth in subparagraph
(bb)(2)(v) of this section; students with disabilities, as [defied]
defined in section 200.1 of this Title; students with limited English
proficiency, as defined in Part 154 of this Title[;], including, beginning
with the 2006-2007 school year, a student previously identified as a limited
English proficient student during the preceding one or two school years; and
economically disadvantaged students, as identified pursuant to section
1113(a)(5) of the NCLB, 20 U.S.C. section 6316(a)(5) (Public Law, section
107-110, section 1113(a)(5), 115 STAT, 1469; 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). The school district accountability groups
for each grade level will include all students enrolled in a public school in
the district or placed out of the district for educational services by the
district committee on special education or a district
official.
(ii) School district shall
mean a common, union free, central, central high school or city school district,
provided that, in the case of the city school district of the City of New York,
such term shall mean a community school district or New York City
superintendency to the [extend] extent that such entity is the local
educational agency for purposes of [title] Title I.
(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 [zero] 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) . . .
(ii) for the 2005-2006
school year and prior school years, a score for certain limited English
proficient students pursuant to subparagraph (14)[(vi)] (viii) of this
subdivision, in lieu of the State assessment in English language arts, that
shows level 1 growth on the New York State English as a Second Language
Assessment Test (NYSESLAT);
(iii) . . .
(2) . . .
(b) level 2/basic
proficient:
(1) for elementary and
middle grades:
(i) . . .
(ii) for the 2005-2006
school year and prior school years, a score for certain limited English
proficient students pursuant to subparagraph (14)[(vi)] (viii) of this
subdivision, in lieu of the State assessment in English language arts, that
shows level 2 growth on the NYSESLAT;
(2) . . .
(c) level
3/proficient:
(1) for elementary and
middle grades:
(i) . . .
(ii) for the 2005-2006
school year and prior school years, a score for certain limited English
proficient students pursuant to subparagraph (14)[(vi)] (viii) of this
subdivision, in lieu of the State assessment in English language arts, that
shows level 3 growth on the NYSESLAT;
(2) . . .
(d) level
4/advanced:
(1) for elementary and
middle grades:
(i) . . .
[(ii) a score for certain limited English proficient students pursuant to
subparagraph (14)(vi) of this subdivision, lieu of the required State assessment
in English language arts, that shows level 4 growth on the
NYSESLAT;]
(2) . . .
(vi) . . .
(vii) . . .
(viii) . . .
(ix) . . .
(x) . . .
(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] grades, as set forth in
subparagraph (v) of this paragraph.
Beginning with the 2006-2007 school year, a limited English proficient student
enrolled in school in the United States (excluding Puerto Rico) for less than
one year as of a date determined by the commissioner and who received a valid
score on the NYSESLAT may be counted as participating in an elementary or middle
level English language arts assessment.
(xii) . . .
(xiii) . . .
(2) . . .
(3) All registrations
approved by the Board of Regents pursuant to this subdivision shall continue in
effect unless revoked by the Board of Regents upon recommendation of the
commissioner after review of the registration, or the school district closes
the school.
(4) . . .
(5) Adequate yearly
progress. (i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(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) . . .
(b) the "all students"
accountability group in the school or school district at the applicable grade
[level] levels or high school cohort met or exceeded the performance
indicator and, for elementary and middle levels, and beginning in 2005-2006
for the elementary-middle level, 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) . . .
(vii) The school accountability status of public schools, school
districts, and charter schools serving grades 1 and/or 2 [and/or 3], but
not grade [4] 3 or higher, (hereafter referred to as "feeder schools")
will be determined using backmapping.
In school districts with such feeder schools and in school districts that
accept grade [4] 3 students from feeder schools by contract, the grade
[four] three State assessment results for each feeder school
student will be attributed to the feeder school as well as to the school or
charter school in which the student took the assessment. The student's results will be attributed
to a feeder school only if the student was continuously enrolled in the feeder
school from the date prescribed by the commissioner on which the BEDS forms are
required to be completed until the end of the school year in the highest grade
served by the feeder school. In a
district, if all schools serving grade [four] three make adequate yearly
progress in a given year, all feeder schools served by the district will be
deemed to have made adequate yearly progress. If one or more schools enrolling students
from a feeder school fail to make adequate yearly progress on a criterion set
forth at subparagraphs (14)[(i) and (iii)] (iii) and (vi) of this
subdivision, the commissioner will aggregate the district's [fourth-] grade
three results on that criterion by feeder school and determine whether
each feeder school made adequate yearly progress on that criterion. If a feeder school fails to make adequate
yearly progress on the same criterion for two consecutive years, the school will
be identified as a school requiring academic progress.
(6) Schools requiring
academic progress. (i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) A public school that is
identified as a "school requiring academic progress: year 4" that fails to make
adequate yearly progress on the same criterion or indicator for which it has
been identified as a "school requiring academic progress: year 4" shall be
designated in the next school year as a "school requiring academic progress:
year 5.” The school district shall
implement its restructuring plan no later than the first day of regular school
attendance of the year following the administration of the assessments which
caused the school to be identified as a "school requiring academic progress:
year 5," or commence implementation to the extent practicable
immediately upon an identification if such an identification occurs after the
first day of regular student attendance. If a school fails to make adequate yearly
progress for two consecutive years during the three school years following the
implementation of the restructuring plan, then a revised restructuring plan in
such format as may be prescribed by the commissioner shall be developed by the
school superintendent (in New York City, the chancellor's designee) and, to the
extent appropriate, consistent with section 100.11 of this Title. Such restructuring plan shall be formally
approved by the board of education (in
(vi) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that received funds under title I for two consecutive years during which
the school did not make adequate yearly progress shall be identified for school
improvement under section 1116(b) of the No Child Left Behind Act (NCLB), 20
U.S.C. section 6316(b)(1)-(3) and is subject to the requirements therein (Public
Law, section 107-110, section 1116(b), 115 STAT. 1479 - 1487; 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).
(vii) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that is identified for school improvement under section 1116(b) of the
NCLB, 20 U.S.C section 6316(b) that fails to make adequate yearly progress in
any subsequent year in which it receives funds under title I shall be required
in the next school year in which it receives title I funds to implement the
provisions of section 1116(b)(5) of the NCLB, 20 U.S.C section 6316(b)(5)
(Public Law, section 107-110, section 1116 (b)(5), 115 STAT. 1482-1483;
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).
(viii) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that is subject to the provisions of section 1116(b)(5) of the NCLB, 20
U.S.C section 6316(b)(5) that fails to make adequate yearly progress in any
subsequent year in which it receives funds under title I shall be required in
the next school year in which it receives title I funds to implement the
provisions of section 1116(b)(7) of the NCLB, 20 U.S.C section 6316(b)(7)
(Public Law, section 107-110, section 1116 (b)(7), 115 STAT. 1483-1485;
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).
(ix) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that is subject to the provisions of section 1116(b)(7) of the NCLB, 20
U.S.C section 6316(b)(7), that fails to make adequate yearly progress in any
subsequent year in which it receives funds under title I shall be required to
implement in the next school year in which it receives title I funds the
provisions of section 1116(b)(8) of the NCLB, 20 U.S.C section 6316(b)(8)
(Public Law, section 107-110, section 1116 (b)(8), 115 STAT. 1485-1486;
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).
(x) Upon a finding of
[exceptionally] exceptional or uncontrollable circumstances, the
commissioner may delay for a period of one year the identification of a public
school under this paragraph.
(xi) [A school that was
required to implement a school improvement plan as of June 30, 2003, pursuant to
section this subdivision in effect on that date, shall be deemed a "school
requiring academic progress: year 1" for the 2002-03 school year.] Not
withstanding any other provision of law, for the 2006-2007 school year, a public
school or charter school subject to the provisions of subparagraphs (vi)-(ix) of
this paragraph which accountability status is dependent upon the 2005-2006
assessment results for grades 3-8 and which does not receive notice of such
status until after the first day of regular school attendance for the 2006-2007
school year shall, immediately upon receipt of such notice, provide written
notification to parents of eligible students of the student’s right to school
choice pursuant to section 1116(b)(1)(E) of the NCLB, 20 U.S.C section 6316(b)(1)(E), and supplementary education services
(SES) pursuant to section 1116(b)(5)(B) of the NCLB, 20 U.S.C. section
6316(b)(5)(B), as appropriate (Public Law, section 107-110, section 1116
(b)(1)(E), 115 STAT. 1479; Public Law, section 107-110, section 1116(b)(5)(B),
115 STAT. 1482-1483; 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). The school district or charter school
shall implement such school choice and, if required, SES immediately. Implementation of new/revise
improvement/correction action/restructuring plan required under section 1116 of
the NCLB must commence to the extent practicable within ninety (90) days of
notification of accountability status.
(xii) [A public school that
was identified as a "school in need of improvement year 1" for the 2002-2003
school year under title I shall be deemed a "school requiring academic progress:
year 1" for the 2002-2003 school year.]
For 2005-2006, a public school or charter school will be considered to
have not made adequate yearly progress (AYP) for two consecutive years if it
failed to make AYP in English language arts (ELA) or, mathematics, or science at
grade 4 and/or grade 8 in 2004-2005 and fails to make AYP at the
elementary-middle level (grades 3-8) in 2005-2006 in the same
subject(s).
(xiii) [A public school that
was identified as a "school in need of improvement year 2" for the 2002-2003
school year under title I shall be deemed a "school requiring academic progress:
year 2" for the 2002-2003 school year.]
A school in need of improvement at the grade 4 or 8 level in 2005-2006
will be in need of improvement in 2006-2007 at the elementary-middle level
unless it made AYP in the subject and grade level for which it was identified in
2004-2005 and also makes AYP in that subject at the elementary-middle level in
2005-2006.
(xiv) [A public school that
was identified as a "school in corrective action" for the 2002-2003 school year
shall be deemed a "school requiring academic progress: year 3" for the 2002-2003
school year.
(xv)] A public school
requiring academic progress that makes adequate yearly progress for two
consecutive years on all criteria and indicators for which it has been
identified shall be removed from school requiring academic progress status.
[(xvi)] (xv) A public
school or charter school that makes adequate yearly progress for two consecutive
years on all criteria and indicators for which it has been identified shall no
longer be subject to the requirements of section 1116(b) of the NCLB, 20 U.S.C.
section 6316(b) (Public Law, section 107-110, section 1116(b), 115 STAT.
1479-1487; 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).
[(xvii)] (xvi) Based
upon review of a public school's performance since its identification as
requiring academic progress, the commissioner may require, in such form and
according to such timeline as the commissioner may prescribe, that the district
submit for the commissioner's approval a school improvement, corrective action
or restructuring plan. The
commissioner may also require that any subsequent modification of such plan be
submitted for prior approval.
(7) Districts requiring academic
progress. (i) Commencing with 2003-2004 school year
results, a district that failed to make adequate yearly progress on all
applicable criteria in paragraph (14) of this subdivision in a subject
area, or all applicable indicators in subparagraphs (15)(i) [and (ii)]
through (iii) of this subdivision, or the indicator in subparagraph
(15)[(iii)](iv) of this subdivision, 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 or immediately, to the
extent practicable, upon approval of the board, if such identification occurs
after the first day of regular student attendance. 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) Commencing with
2003-2004 school year results:
(a) a district identified as
requiring academic progress for failing to make adequate yearly progress on all
applicable criterion in paragraph (14) of this subdivision 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] every applicable indicator[s] set forth at subparagraphs (15)(i)
[and (ii)] through (iii) of this subdivision shall be removed from such
status if it makes adequate yearly progress for two consecutive years on [either
of such] any applicable indicators; and
(c) a district identified as
requiring academic progress for failing to make adequate yearly progress on the
indicator set forth at subparagraph (15)[(iii)](iv) of this subdivision
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) Except as
provided in subparagraph (vi) of this paragraph, [A] a local
educational agency (LEA) that received funds under [title] Title I for
two consecutive years during which the LEA did not make adequate yearly progress
on all applicable criteria in paragraph (14) of this subdivision in a
subject area, or all applicable indicators in subparagraphs (15)(i) [and
(ii)] through (iii) of this subdivision, or the indicator in subparagraph
(15)[(iii)] (iv) of this subdivision, 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) Except as provided
in subparagraph (vi) of this paragraph, [At] at any time following
the identification of an LEA for improvement, the commissioner may further
identify the local educational agency for corrective action under section
1116(c)(10) of the NCLB, 20 U.S.C. section 6316(c)(10). The commissioner shall identify such LEA
for corrective action if, by the end of the second full school year the LEA has
failed to make adequate yearly progress. The commissioner may delay identification
of an LEA for corrective action for a period of one year pursuant to section
1116(c)(10)(F) of the NCLB, 20 U.S.C. section 6316(c)(10)(F) (Public Law,
section 107-110,section 1116(c)(10), 115 STAT. 1489-1491; 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).
(v) . . .
(vi) Not withstanding any other provision of law, an LEA subject to
the provisions of subparagraphs (iii) and (iv) of this paragraph which
accountability status is dependent upon the 2005-2006 assessment results for
grades 3-8 and which does not receive notice of such status until after the
first day of regular attendance for the 2006-2007 school year, shall immediately
commence implementation, to the extent practicable, of any plan required to be
implemented pursuant to section 1116(c) of the NCLB.
(8) High performing and
rapidly improving schools and districts.
(i) Commencing with
2003-2004 school year results, the commissioner shall annually identify as "high
performing" public schools, school districts, and charter schools in
which:
(a) the school or district
meets or exceeds the benchmarks established by the commissioner pursuant to
subparagraph (14)[(vii)] (ix) of this subdivision;
and
(b) the school or district
has made adequate yearly progress on all applicable criteria and
indicators in paragraphs (14) and (15) of this subdivision for two consecutive
years.
(ii) Commencing with
2004-2005 school year results, the commissioner shall annually identify as
"rapidly improving" public schools, school districts, and charter schools in
which:
(a) the school or district
is below the benchmark established by the commissioner pursuant to subparagraph
(14)[(vii)] (ix) of this subdivision;
(b) the school or district
has improved its performance by an amount determined by the commissioner
during the past three years on each applicable criterion in paragraph (14)
of this subdivision in which it is below the benchmark established by the
commissioner; and
(c) the school or district
has made adequate yearly progress on all applicable criteria and
indicators in paragraphs (14) and (15) of this subdivision for three consecutive
years.
(iii) . . .
(9) Identification of
schools for public school registration review. The commissioner shall place under
registration review those schools that are determined to be farthest from
meeting the benchmarks established by the commissioner pursuant to subparagraph
(14)[(vii)] (ix) of this subdivision and most in need of improvement.
In determining the number of
schools to identify as farthest from meeting the benchmarks, the commissioner
shall give primary consideration to the percentages of students meeting
performance benchmarks. The
commissioner may also consider the sufficiency of State and local resources to
effectively implement and monitor school improvement efforts in schools under
registration review. In addition,
any school that does not meet or exceed each of the benchmarks and has
conditions that threaten the health, safety and/or educational welfare of
students or has been the subject of persistent complaints to the department by
parents or persons in parental relation to the student may be identified by the
commissioner as a poor learning environment based upon a combination of factors
affecting student learning, including but not limited to: high rates of student absenteeism, high
levels of school violence, excessive rates of student suspensions, violation of
applicable building health and safety standards, high rates of teacher and
administrator turnover, excessive rates of referral of students to or
participation in special education or excessive rates of participation of
students with disabilities in the alternate assessment, excessive transfers of
students to alternative high school and high school equivalency programs and
excessive use of uncertified teachers or teachers in subject areas other than
those for which they possess certification. The commissioner may also place under
registration review any school for which a district fails to provide in a timely
manner the student performance data required by the commissioner to conduct the
annual assessment of the school's performance or any school in which excessive
percentages of students fail to fully participate in the State assessment
program.
(i) . . .
(ii) The commissioner shall
review the additional information provided by the district and determine which
of the schools identified as farthest from meeting the benchmarks specified in
subparagraph (14)[(vii)] (ix) of this subdivision or identified as poor
learning environments are most in need of improvement and shall be placed under
registration review.
(iii) . . .
(10) . . .
(11) . . .
(12) . . .
(13) . . .
(14) Public school, school
district and charter school accountability performance criteria. [Commencing
with the 2002-03 school year, each] Each district and school
accountability group, as defined in subparagraph (1)(i) of this subdivision
shall be subject to the performance criteria specified
below:
(i) Elementary level English
language arts. Annual measurable
objectives, based on a performance index, set at 123 in 2002-03 and 2003-04
and 131 in 2004-2005 [and increasing annually in equal increments so as
to reach 200 in 2013-2014].
(ii) Middle level English
language arts. Annual measurable
objectives, based on a performance index, set at 107 in 2002-03 and 2003-04
and 116 in 2004-2005 [and increasing annually in equal increments so as
to reach 200 in 2013-2014].
(iii) Elementary-middle
level English language arts. Annual
measurable objectives, based on a performance index, set by the commissioner in
2005-2006 and, beginning in 2008-2009, increasing annually in equal increments
so as to reach 200 in 2013-2014.
[(iii)] (iv)
Elementary level mathematics. Annual measurable objectives, based on a
performance index, set at 136 in 2002-03 and 2003-04 and 142 in 2004-2005
[and increasing annually in equal increments so as to reach 200 in
2013-2014].
[(iv)] (v) Middle level mathematics. Annual measurable objectives, based on a
performance index, set at 81 in 2002-03 and 2003-04 and 93 in 2004-2005
[and increasing annually in equal increments so as to reach 200 in
2013-2014].
[(v) High school English
language arts and mathematics requirements. Annual measurable objectives, based on
the performance index of the high school cohort defined in paragraph (16) of
this subdivision, set at 142 in English language arts and 132 in mathematics in
2002-03 and 2003-04, and incremented annually thereafter as necessary so that in
2013-2014 the index shall be 200.]
(vi) Elementary-middle level mathematics. Annual measurable objectives, based on a
performance index, set by the commissioner in 2005-2006 and, beginning in
2008-2009, increasing annually in equal increments so as to reach 200 in
2013-2014.
[Beginning with the 2002-03 school year
test administrations, for purposes of the commissioner's annual evaluation of
public schools, public school districts, and charter schools, the following
limited English proficient students in grades 4 and 8 may be considered to be
meeting performance criteria in English language arts if they demonstrate a
specified increment of progress on the New York State English as a Second
Language Achievement Test for their grade level. For limited English proficient students
in grades 4 and 8 who have attended school in the
(vii) High school English
language arts and mathematics requirements. Annual measurable objectives, based on
the performance index of the high school cohort defined in paragraph (16) of
this subdivision, set at 142 in English language arts and 132 in mathematics in
2002-03 and 2003-04, and incremented annually thereafter as necessary so
that in 2013-2014 the index shall be 200.
(viii) For the 2002-2003 through the 2005-2006 school year test
administrations, for purposes of the commissioner's annual evaluation of public
schools, public school districts, and charter schools, the following limited
English proficient students may be considered to be meeting performance criteria
in elementary or middle-level English language arts if they demonstrate a
specified increment of progress on the New York State English as a Second
Language Achievement Test (NYSESLAT) for their grade level. For limited English proficient students
who have attended school in the
[(vii)] (ix)
For each criterion (subparagraphs (i) through [(v)] (vii) of this
paragraph), the commissioner shall also establish a benchmark against which the
performance of the accountability group, all students, defined in subparagraph
(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 (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: For the 2002-2003
through 2004-2005 school years,
(a) an index of 100 that may be incremented annually, as the commissioner
deems appropriate, or 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: For the 2002-2003
through 2004-2005 school years,
(a) 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) Elementary-middle science combined indicator: For the 2005-2006 school year and
thereafter:
(a) 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) 80 percent of
students enrolled on all days of the test administration, who did not have a
significant medical emergency, received valid scores.
[(iii)] (iv) A high
school graduation rate established annually by the commissioner, or progress in
relation to the previous school year's graduation rate. The graduation rate is the percentage of
the annual graduation rate cohort that earns a local [diploma (with or without a
Regents endorsement)] or Regents diploma by August 31st following the
third school year after the school year in which the cohort first entered
[of the fourth calendar year after first entering] grade 9, except that
in a school in which the majority of students participate in a
department-approved, five-year program that results in certification in a career
or technology field in addition to a high school diploma, the graduation rate
shall be the percentage of the annual graduation rate cohort that earns a local
diploma by August 31st following
the fourth school year after the school year in which the cohort first
entered [of the fifth calendar year after first entering] grade
9.
(16) Annual high school or
high school alternative cohort.
(i) Beginning in
the 2005-2006 school year, except [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)[(vi)] (vii) of this subdivision and identifying schools for
registration review pursuant to paragraph (9) of this subdivision for any given
school year shall consist of those students who first enrolled in ninth
grade three school years previously anywhere and who were enrolled in the
school on the first Wednesday in October of the [previous] current school
year. The annual district high school cohort for purposes of determining such
adequate yearly progress for any given school year shall consist of those
students who first enrolled in ninth grade three school 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]
current school year. Students with disabilities in ungraded
programs shall be included in the annual district and high school cohort in the
[fourth] third school year following the one in which they attained the
age of [16] 17.
(a) . . .
(b) . . .
(ii) (a) For purposes
of determining adequate yearly progress on the indicator set forth at
subparagraph (15)[(iii)] (iv) of this subdivision, the graduation rate
cohort for each public school, school district, and charter school for each
school year from 2002-03 [until 2005-06] through 2006-2007 shall consist
of all members of the school or district high school cohort, as defined in
subparagraph (i) of this paragraph, for the previous school year plus any
students excluded from that cohort solely because they transferred to an
approved alternative high school equivalency or high school equivalency
preparation program.
(b) Commencing with the 2007-08 school year, for purposes of
determining adequate yearly progress on the indicator set forth at subparagraph
(15)(iv) of this subdivision:
(1) the graduation rate
cohort for each public school and charter school shall consist of those students who first enrolled in grade 9
anywhere three school years previously or, if an ungraded student with a
disability, first attained the age of 17 three school years previously, and
who have spent at least five consecutive months, not including July and
August, in the school since first entering grade 9 and whose last
enrollment_ in the school did not end because of transfer to another
school, death, court-ordered transfer, or leaving the United States.
(2) the graduation rate
cohort for each public school district shall consist of those students who first enrolled in grade 9
anywhere three school years previously or, if an ungraded student with a
disability, first attained the age of 17 three school years previously , and
who have spent at least five consecutive months, not including July and
August, in the district since first entering grade 9 and whose last enrollment
in the district did not end because of transfer to another district, death,
court-ordered transfer, or leaving the United States.
(iii) . . .
(17) . . .
(18) . . .
(19) . . .
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 December 28,
2006 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 or has lapsed pursuant to
paragraph (3) 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) Accountability groups
shall mean, for each public school, school district and charter school, those
groups of students for each grade level or annual high school cohort, as
described in paragraph (16) of this subdivision comprised of: all students;
students from major racial and ethnic groups, as set forth in subparagraph
(bb)(2)(v) of this section; students with disabilities, as [defied]
defined in section 200.1 of this Title; students with limited English
proficiency, as defined in Part 154 of this Title[;], including, beginning
with the 2006-2007 school year, a student previously identified as a limited
English proficient student during the preceding one or two school years; and
economically disadvantaged students, as identified pursuant to section
1113(a)(5) of the NCLB, 20 U.S.C. section 6316(a)(5) (Public Law, section
107-110, section 1113(a)(5), 115 STAT, 1469; 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). The school district accountability groups
for each grade level will include all students enrolled in a public school in
the district or placed out of the district for educational services by the
district committee on special education or a district
official.
(ii) School district shall
mean a common, union free, central, central high school or city school district,
provided that, in the case of the city school district of the City of New York,
such term shall mean a community school district or New York City
superintendency to the [extend] extent that such entity is the local
educational agency for purposes of [title] Title I.
(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 [zero] 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) . . .
(ii) for the 2005-2006
school year and prior school years, a score for certain limited English
proficient students pursuant to subparagraph (14)[(vi)] (viii) of this
subdivision, in lieu of the State assessment in English language arts, that
shows level 1 growth on the New York State English as a Second Language
Assessment Test (NYSESLAT);
(iii) . . .
(2) . . .
(b) level 2/basic
proficient:
(1) for elementary and
middle grades:
(i) . . .
(ii) for the 2005-2006
school year and prior school years, a score for certain limited English
proficient students pursuant to subparagraph (14)[(vi)] (viii) of this
subdivision, in lieu of the State assessment in English language arts, that
shows level 2 growth on the NYSESLAT;
(2) . . .
(c) level
3/proficient:
(1) for elementary and
middle grades:
(i) . . .
(ii) for the 2005-2006
school year and prior school years, a score for certain limited English
proficient students pursuant to subparagraph (14)[(vi)] (viii) of this
subdivision, in lieu of the State assessment in English language arts, that
shows level 3 growth on the NYSESLAT;
(2) . . .
(d) level
4/advanced:
(1) for elementary and
middle grades:
(i) . . .
[(ii) a score for certain limited English proficient students pursuant to
subparagraph (14)(vi) of this subdivision, lieu of the required State assessment
in English language arts, that shows level 4 growth on the
NYSESLAT;]
(2) . . .
(vi) . . .
(vii) . . .
(viii) . . .
(ix) . . .
(x) . . .
(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] grades, as set forth in
subparagraph (v) of this paragraph.
Beginning with the 2006-2007 school year, a limited English proficient student
enrolled in school in the United States (excluding Puerto Rico) for less than
one year as of a date determined by the commissioner and who received a valid
score on the NYSESLAT may be counted as participating in an elementary or middle
level English language arts assessment.
(xii) . . .
(xiii) . . .
(2) . . .
(3) All registrations
approved by the Board of Regents pursuant to this subdivision shall continue in
effect unless revoked by the Board of Regents upon recommendation of the
commissioner after review of the registration, or the school district closes
the school.
(4) . . .
(5) Adequate yearly
progress. (i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(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) . . .
(b) the "all students"
accountability group in the school or school district at the applicable grade
[level] levels or high school cohort met or exceeded the performance
indicator and, for elementary and middle levels, and beginning in 2005-2006
for the elementary-middle level, 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) . . .
(vii) The school accountability status of public schools, school
districts, and charter schools serving grades 1 and/or 2 [and/or 3], but
not grade [4] 3 or higher, (hereafter referred to as "feeder schools")
will be determined using backmapping.
In school districts with such feeder schools and in school districts that
accept grade [4] 3 students from feeder schools by contract, the grade
[four] three State assessment results for each feeder school
student will be attributed to the feeder school as well as to the school or
charter school in which the student took the assessment. The student's results will be attributed
to a feeder school only if the student was continuously enrolled in the feeder
school from the date prescribed by the commissioner on which the BEDS forms are
required to be completed until the end of the school year in the highest grade
served by the feeder school. In a
district, if all schools serving grade [four] three make adequate yearly
progress in a given year, all feeder schools served by the district will be
deemed to have made adequate yearly progress. If one or more schools enrolling students
from a feeder school fail to make adequate yearly progress on a criterion set
forth at subparagraphs (14)[(i) and (iii)] (iii) and (vi) of this
subdivision, the commissioner will aggregate the district's [fourth-] grade
three results on that criterion by feeder school and determine whether
each feeder school made adequate yearly progress on that criterion. If a feeder school fails to make adequate
yearly progress on the same criterion for two consecutive years, the school will
be identified as a school requiring academic progress.
(6) Schools requiring
academic progress. (i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) A public school that is
identified as a "school requiring academic progress: year 4" that fails to make
adequate yearly progress on the same criterion or indicator for which it has
been identified as a "school requiring academic progress: year 4" shall be
designated in the next school year as a "school requiring academic progress:
year 5.” The school district shall
implement its restructuring plan no later than the first day of regular school
attendance of the year following the administration of the assessments which
caused the school to be identified as a "school requiring academic progress:
year 5," or commence implementation to the extent practicable
immediately upon an identification if such an identification occurs after the
first day of regular student attendance. If a school fails to make adequate yearly
progress for two consecutive years during the three school years following the
implementation of the restructuring plan, then a revised restructuring plan in
such format as may be prescribed by the commissioner shall be developed by the
school superintendent (in New York City, the chancellor's designee) and, to the
extent appropriate, consistent with section 100.11 of this Title. Such restructuring plan shall be formally
approved by the board of education (in
(vi) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that received funds under title I for two consecutive years during which
the school did not make adequate yearly progress shall be identified for school
improvement under section 1116(b) of the No Child Left Behind Act (NCLB), 20
U.S.C. section 6316(b)(1)-(3) and is subject to the requirements therein (Public
Law, section 107-110, section 1116(b), 115 STAT. 1479 - 1487; 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).
(vii) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that is identified for school improvement under section 1116(b) of the
NCLB, 20 U.S.C section 6316(b) that fails to make adequate yearly progress in
any subsequent year in which it receives funds under title I shall be required
in the next school year in which it receives title I funds to implement the
provisions of section 1116(b)(5) of the NCLB, 20 U.S.C section 6316(b)(5)
(Public Law, section 107-110, section 1116 (b)(5), 115 STAT. 1482-1483;
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).
(viii) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that is subject to the provisions of section 1116(b)(5) of the NCLB, 20
U.S.C section 6316(b)(5) that fails to make adequate yearly progress in any
subsequent year in which it receives funds under title I shall be required in
the next school year in which it receives title I funds to implement the
provisions of section 1116(b)(7) of the NCLB, 20 U.S.C section 6316(b)(7)
(Public Law, section 107-110, section 1116 (b)(7), 115 STAT. 1483-1485;
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).
(ix) Except as provided
in subparagraph (xi) of this paragraph, a [A] public school or charter
school that is subject to the provisions of section 1116(b)(7) of the NCLB, 20
U.S.C section 6316(b)(7), that fails to make adequate yearly progress in any
subsequent year in which it receives funds under title I shall be required to
implement in the next school year in which it receives title I funds the
provisions of section 1116(b)(8) of the NCLB, 20 U.S.C section 6316(b)(8)
(Public Law, section 107-110, section 1116 (b)(8), 115 STAT. 1485-1486;
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).
(x) Upon a finding of
[exceptionally] exceptional or uncontrollable circumstances, the
commissioner may delay for a period of one year the identification of a public
school under this paragraph.
(xi) [A school that was
required to implement a school improvement plan as of June 30, 2003, pursuant to
section this subdivision in effect on that date, shall be deemed a "school
requiring academic progress: year 1" for the 2002-03 school year.] Not
withstanding any other provision of law, for the 2006-2007 school year, a public
school or charter school subject to the provisions of subparagraphs (vi)-(ix) of
this paragraph which accountability status is dependent upon the 2005-2006
assessment results for grades 3-8 and which does not receive notice of such
status until after the first day of regular school attendance for the 2006-2007
school year shall, immediately upon receipt of such notice, provide written
notification to parents of eligible students of the student’s right to school
choice pursuant to section 1116(b)(1)(E) of the NCLB, 20 U.S.C section 6316(b)(1)(E), and supplementary education services
(SES) pursuant to section 1116(b)(5)(B) of the NCLB, 20 U.S.C. section
6316(b)(5)(B), as appropriate (Public Law, section 107-110, section 1116
(b)(1)(E), 115 STAT. 1479; Public Law, section 107-110, section 1116(b)(5)(B),
115 STAT. 1482-1483; 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). The school district or charter school
shall implement such school choice and, if required, SES immediately. Implementation of new/revise
improvement/correction action/restructuring plan required under section 1116 of
the NCLB must commence to the extent practicable within ninety (90) days of
notification of accountability status.
(xii) [A public school that
was identified as a "school in need of improvement year 1" for the 2002-2003
school year under title I shall be deemed a "school requiring academic progress:
year 1" for the 2002-2003 school year.]
For 2005-2006, a public school or charter school will be considered to
have not made adequate yearly progress (AYP) for two consecutive years if it
failed to make AYP in English language arts (ELA) or, mathematics, or science at
grade 4 and/or grade 8 in 2004-2005 and fails to make AYP at the
elementary-middle level (grades 3-8) in 2005-2006 in the same
subject(s).
(xiii) [A public school that
was identified as a "school in need of improvement year 2" for the 2002-2003
school year under title I shall be deemed a "school requiring academic progress:
year 2" for the 2002-2003 school year.]
A school in need of improvement at the grade 4 or 8 level in 2005-2006
will be in need of improvement in 2006-2007 at the elementary-middle level
unless it made AYP in the subject and grade level for which it was identified in
2004-2005 and also makes AYP in that subject at the elementary-middle level in
2005-2006.
(xiv) [A public school that
was identified as a "school in corrective action" for the 2002-2003 school year
shall be deemed a "school requiring academic progress: year 3" for the 2002-2003
school year.
(xv)] A public school
requiring academic progress that makes adequate yearly progress for two
consecutive years on all criteria and indicators for which it has been
identified shall be removed from school requiring academic progress status.
[(xvi)] (xv) A public
school or charter school that makes adequate yearly progress for two consecutive
years on all criteria and indicators for which it has been identified shall no
longer be subject to the requirements of section 1116(b) of the NCLB, 20 U.S.C.
section 6316(b) (Public Law, section 107-110, section 1116(b), 115 STAT.
1479-1487; 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).
[(xvii)] (xvi) Based
upon review of a public school's performance since its identification as
requiring academic progress, the commissioner may require, in such form and
according to such timeline as the commissioner may prescribe, that the district
submit for the commissioner's approval a school improvement, corrective action
or restructuring plan. The
commissioner may also require that any subsequent modification of such plan be
submitted for prior approval.
(7) Districts requiring academic
progress. (i) Commencing with 2003-2004 school year
results, a district that failed to make adequate yearly progress on all
applicable criteria in paragraph (14) of this subdivision in a subject
area, or all applicable indicators in subparagraphs (15)(i) [and (ii)]
through (iii) of this subdivision, or the indicator in subparagraph
(15)[(iii)](iv) of this subdivision, 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 or immediately, to the
extent practicable, upon approval of the board, if such identification occurs
after the first day of regular student attendance. 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) Commencing with
2003-2004 school year results:
(a) a district identified as
requiring academic progress for failing to make adequate yearly progress on all
applicable criterion in paragraph (14) of this subdivision 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] every applicable indicator[s] set forth at subparagraphs (15)(i)
[and (ii)] through (iii) of this subdivision shall be removed from such
status if it makes adequate yearly progress for two consecutive years on [either
of such] any applicable indicators; and
(c) a district identified as
requiring academic progress for failing to make adequate yearly progress on the
indicator set forth at subparagraph (15)[(iii)](iv) of this subdivision
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) Except as
provided in subparagraph (vi) of this paragraph, [A] a local
educational agency (LEA) that received funds under [title] Title I for
two consecutive years during which the LEA did not make adequate yearly progress
on all applicable criteria in paragraph (14) of this subdivision in a
subject area, or all applicable indicators in subparagraphs (15)(i) [and
(ii)] through (iii) of this subdivision, or the indicator in subparagraph
(15)[(iii)] (iv) of this subdivision, 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) Except as provided
in subparagraph (vi) of this paragraph, [At] at any time following
the identification of an LEA for improvement, the commissioner may further
identify the local educational agency for corrective action under section
1116(c)(10) of the NCLB, 20 U.S.C. section 6316(c)(10). The commissioner shall identify such LEA
for corrective action if, by the end of the second full school year the LEA has
failed to make adequate yearly progress. The commissioner may delay identification
of an LEA for corrective action for a period of one year pursuant to section
1116(c)(10)(F) of the NCLB, 20 U.S.C. section 6316(c)(10)(F) (Public Law,
section 107-110,section 1116(c)(10), 115 STAT. 1489-1491; 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).
(v) . . .
(vi) Not withstanding any other provision of law, an LEA subject to
the provisions of subparagraphs (iii) and (iv) of this paragraph which
accountability status is dependent upon the 2005-2006 assessment results for
grades 3-8 and which does not receive notice of such status until after the
first day of regular attendance for the 2006-2007 school year, shall immediately
commence implementation, to the extent practicable, of any plan required to be
implemented pursuant to section 1116(c) of the NCLB.
(8) High performing and
rapidly improving schools and districts.
(i) Commencing with
2003-2004 school year results, the commissioner shall annually identify as "high
performing" public schools, school districts, and charter schools in
which:
(a) the school or district
meets or exceeds the benchmarks established by the commissioner pursuant to
subparagraph (14)[(vii)] (ix) of this subdivision;
and
(b) the school or district
has made adequate yearly progress on all applicable criteria and
indicators in paragraphs (14) and (15) of this subdivision for two consecutive
years.
(ii) Commencing with
2004-2005 school year results, the commissioner shall annually identify as
"rapidly improving" public schools, school districts, and charter schools in
which:
(a) the school or district
is below the benchmark established by the commissioner pursuant to subparagraph
(14)[(vii)] (ix) of this subdivision;
(b) the school or district
has improved its performance by an amount determined by the commissioner
during the past three years on each applicable criterion in paragraph (14)
of this subdivision in which it is below the benchmark established by the
commissioner; and
(c) the school or district
has made adequate yearly progress on all applicable criteria and
indicators in paragraphs (14) and (15) of this subdivision for three consecutive
years.
(iii) . . .
(9) Identification of
schools for public school registration review. The commissioner shall place under
registration review those schools that are determined to be farthest from
meeting the benchmarks established by the commissioner pursuant to subparagraph
(14)[(vii)] (ix) of this subdivision and most in need of improvement.
In determining the number of
schools to identify as farthest from meeting the benchmarks, the commissioner
shall give primary consideration to the percentages of students meeting
performance benchmarks. The
commissioner may also consider the sufficiency of State and local resources to
effectively implement and monitor school improvement efforts in schools under
registration review. In addition,
any school that does not meet or exceed each of the benchmarks and has
conditions that threaten the health, safety and/or educational welfare of
students or has been the subject of persistent complaints to the department by
parents or persons in parental relation to the student may be identified by the
commissioner as a poor learning environment based upon a combination of factors
affecting student learning, including but not limited to: high rates of student absenteeism, high
levels of school violence, excessive rates of student suspensions, violation of
applicable building health and safety standards, high rates of teacher and
administrator turnover, excessive rates of referral of students to or
participation in special education or excessive rates of participation of
students with disabilities in the alternate assessment, excessive transfers of
students to alternative high school and high school equivalency programs and
excessive use of uncertified teachers or teachers in subject areas other than
those for which they possess certification. The commissioner may also place under
registration review any school for which a district fails to provide in a timely
manner the student performance data required by the commissioner to conduct the
annual assessment of the school's performance or any school in which excessive
percentages of students fail to fully participate in the State assessment
program.
(i) . . .
(ii) The commissioner shall
review the additional information provided by the district and determine which
of the schools identified as farthest from meeting the benchmarks specified in
subparagraph (14)[(vii)] (ix) of this subdivision or identified as poor
learning environments are most in need of improvement and shall be placed under
registration review.
(iii) . . .
(10) . . .
(11) . . .
(12) . . .
(13) . . .
(14) Public school, school
district and charter school accountability performance criteria. [Commencing
with the 2002-03 school year, each] Each district and school
accountability group, as defined in subparagraph (1)(i) of this subdivision
shall be subject to the performance criteria specified
below:
(i) Elementary level English
language arts. Annual measurable
objectives, based on a performance index, set at 123 in 2002-03 and 2003-04
and 131 in 2004-2005 [and increasing annually in equal increments so as
to reach 200 in 2013-2014].
(ii) Middle level English
language arts. Annual measurable
objectives, based on a performance index, set at 107 in 2002-03 and 2003-04
and 116 in 2004-2005 [and increasing annually in equal increments so as
to reach 200 in 2013-2014].
(iii) Elementary-middle
level English language arts. Annual
measurable objectives, based on a performance index, set by the commissioner in
2005-2006 and, beginning in 2008-2009, increasing annually in equal increments
so as to reach 200 in 2013-2014.
[(iii)] (iv)
Elementary level mathematics. Annual measurable objectives, based on a
performance index, set at 136 in 2002-03 and 2003-04 and 142 in 2004-2005
[and increasing annually in equal increments so as to reach 200 in
2013-2014].
[(iv)] (v) Middle level mathematics. Annual measurable objectives, based on a
performance index, set at 81 in 2002-03 and 2003-04 and 93 in 2004-2005
[and increasing annually in equal increments so as to reach 200 in
2013-2014].
[(v) High school English
language arts and mathematics requirements. Annual measurable objectives, based on
the performance index of the high school cohort defined in paragraph (16) of
this subdivision, set at 142 in English language arts and 132 in mathematics in
2002-03 and 2003-04, and incremented annually thereafter as necessary so that in
2013-2014 the index shall be 200.]
(vi) Elementary-middle level mathematics. Annual measurable objectives, based on a
performance index, set by the commissioner in 2005-2006 and, beginning in
2008-2009, increasing annually in equal increments so as to reach 200 in
2013-2014.
[Beginning with the 2002-03 school year
test administrations, for purposes of the commissioner's annual evaluation of
public schools, public school districts, and charter schools, the following
limited English proficient students in grades 4 and 8 may be considered to be
meeting performance criteria in English language arts if they demonstrate a
specified increment of progress on the New York State English as a Second
Language Achievement Test for their grade level. For limited English proficient students
in grades 4 and 8 who have attended school in the
(vii) High school English
language arts and mathematics requirements. Annual measurable objectives, based on
the performance index of the high school cohort defined in paragraph (16) of
this subdivision, set at 142 in English language arts and 132 in mathematics in
2002-03 and 2003-04, and incremented annually thereafter as necessary so
that in 2013-2014 the index shall be 200.
(viii) For the 2002-2003 through the 2005-2006 school year test
administrations, for purposes of the commissioner's annual evaluation of public
schools, public school districts, and charter schools, the following limited
English proficient students may be considered to be meeting performance criteria
in elementary or middle-level English language arts if they demonstrate a
specified increment of progress on the New York State English as a Second
Language Achievement Test (NYSESLAT) for their grade level. For limited English proficient students
who have attended school in the
[(vii)] (ix)
For each criterion (subparagraphs (i) through [(v)] (vii) of this
paragraph), the commissioner shall also establish a benchmark against which the
performance of the accountability group, all students, defined in subparagraph
(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 (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: For the 2002-2003
through 2004-2005 school years,
(a) an index of 100 that may be incremented annually, as the commissioner
deems appropriate, or 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: For the 2002-2003
through 2004-2005 school years,
(a) 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) Elementary-middle science combined indicator: For the 2005-2006 school year and
thereafter:
(a) 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) 80 percent of
students enrolled on all days of the test administration, who did not have a
significant medical emergency, received valid scores.
[(iii)] (iv) A high
school graduation rate established annually by the commissioner, or progress in
relation to the previous school year's graduation rate. The graduation rate is the percentage of
the annual graduation rate cohort that earns a local [diploma (with or without a
Regents endorsement)] or Regents diploma by August 31st following the
third school year after the school year in which the cohort first entered
[of the fourth calendar year after first entering] grade 9, except that
in a school in which the majority of students participate in a
department-approved, five-year program that results in certification in a career
or technology field in addition to a high school diploma, the graduation rate
shall be the percentage of the annual graduation rate cohort that earns a local
diploma by August 31st following
the fourth school year after the school year in which the cohort first
entered [of the fifth calendar year after first entering] grade
9.
(16) Annual high school or
high school alternative cohort.
(i) Beginning in
the 2005-2006 school year, except [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)[(vi)] (vii) of this subdivision and identifying schools for
registration review pursuant to paragraph (9) of this subdivision for any given
school year shall consist of those students who first enrolled in ninth
grade three school years previously anywhere and who were enrolled in the
school on the first Wednesday in October of the [previous] current school
year. The annual district high school cohort for purposes of determining such
adequate yearly progress for any given school year shall consist of those
students who first enrolled in ninth grade three school 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]
current school year. Students with disabilities in ungraded
programs shall be included in the annual district and high school cohort in the
[fourth] third school year following the one in which they attained the
age of [16] 17.
(a) . . .
(b) . . .
(ii) (a) For purposes
of determining adequate yearly progress on the indicator set forth at
subparagraph (15)[(iii)] (iv) of this subdivision, the graduation rate
cohort for each public school, school district, and charter school for each
school year from 2002-03 [until 2005-06] through 2006-2007 shall consist
of all members of the school or district high school cohort, as defined in
subparagraph (i) of this paragraph, for the previous school year plus any
students excluded from that cohort solely because they transferred to an
approved alternative high school equivalency or high school equivalency
preparation program.
(b) Commencing with the 2007-08 school year, for purposes of
determining adequate yearly progress on the indicator set forth at subparagraph
(15)(iv) of this subdivision:
(1) the graduation rate
cohort for each public school and charter school shall consist of those students who first enrolled in grade 9
anywhere three school years previously or, if an ungraded student with a
disability, first attained the age of 17 three school years previously, and
who have spent at least five consecutive months, not including July and
August, in the school since first entering grade 9 and whose last
enrollment_ in the school did not end because of transfer to another
school, death, court-ordered transfer, or leaving the United States.
(2) the graduation rate
cohort for each public school district shall consist of those students who first enrolled in grade 9
anywhere three school years previously or, if an ungraded student with a
disability, first attained the age of 17 three school years previously , and
who have spent at least five consecutive months, not including July and
August, in the district since first entering grade 9 and whose last enrollment
in the district did not end because of transfer to another district, death,
court-ordered transfer, or leaving the United States.
(iii) . . .
(17) . . .
(18) . . .
(19) . . .