The Individuals with Disabilities Education Act (IDEA) requires each state to develop and implement an alternate assessment for students with severe disabilities by July 1, 2000. The alternate assessment will ensure that all students with disabilities are accounted for in the statewide assessment program. Students with severe disabilities have traditionally been exempted from the statewide assessment program. In order to link student performance with individualized education programs and high educational standards, an alternate assessment must be implemented for these students that will measure progress on alternate performance indicators. An alternate assessment will allow students with even the most significant disabilities to demonstrate their mastery of skills and attainment of knowledge.
An advisory group was established by the Department in 1995 to examine the learning standards relative to students with severe disabilities. The advisory group developed alternate performance indicators and sample tasks based on the learning standards to reflect appropriate and/or functional expectations for students with severe disabilities. Students with severe disabilities have limited cognitive abilities combined with behavioral and/or physical limitations and require highly specialized educational and social, psychological, and medical services in order to maximize their full potential for useful and meaningful participation in society and for self-fulfillment.
In 1999, the Department began development of an alternate assessment by collaborating with a statewide task force of educators, researchers, parents, and advocates along with the State’s testing contractor team of Measured Progress, formally known as Advanced Systems in Measurement and Evaluation, and the Inclusive Large Scale Standards and Assessment group from the University of Kentucky. This work included developing guiding principles, process and participation criteria, assessment tasks to measure progress on the alternate performance indicators and a scoring rubric.
The task force determined that the committee on special education (CSE) must decide on an individual basis and document on the student’s individualized education program, whether the student will participate in the general State assessment system or in the alternate assessment. This decision is based on current and historical documentation and evaluative information. The CSE must ensure that the decision regarding participation is not based on the student’s category of disability, excessive or extended absences, language differences or cultural or environmental factors. The student must have had an individualized system of communication in demonstrating present levels of performance that addresses his or her needs regarding disability, culture and native language. The criteria that the CSE must use to determine a student’s participation are:
- The student participating in the alternate assessment has a severe cognitive disability and significant deficits in communication/language and adaptive behavior; AND
- The student requires a highly specialized educational program that facilitates the acquisition, application and transfer of skills across natural environments (home, school community and/or workplace); AND
- The student requires educational supports systems, such as assistive technology, personal care services, health/medical services or behavioral intervention.
The next step taken by the task force was to determine which alternate performance indicators should be assessed on the State level and to develop assessment tasks to measure progress on the selected alternate performance indicators and a scoring rubric. English language arts, mathematics, social studies, science/health and career development and occupational studies were selected as areas in which student progress in meeting the learning standards would be measured. The alternate assessment is predicated on adequate standards-based instruction. Because students with severe disabilities need a variety of means to demonstrate performance, it was decided that student performance could be documented through direct assessments that yield products, such as student written work/products, videotaping, audiotaping or observation of the student demonstrating a performance task, etc. Multiple pieces of student “work” are collected in an assessment datafolio that are scored with a rubric.
The rubric was designed to be consistent with the scoring rubrics used in other State examinations. The scores in the rubric are: 1 (starting), 2 (approaching), 3 (meeting) and 4 (exceeding). These levels evaluate the student’s performance toward meeting the standards and the supports the student required (level of independence, settings when the skill was demonstrated, social interactions and self-evaluation) to demonstrate the standards.
In March-May 2000, over 100 teachers from public and approved private schools, BOCES, and State-operated and State-supported schools field-tested the participation criteria, alternate assessment and scoring rubrics. In June, these teachers gathered in Albany to score work from over 200 students with severe disabilities, ages 9-10, 13-14 and 16-17. Based on their comments and assessment of student work, the assessment materials are being revised and prepared for training of teachers statewide in winter/spring 2001 to be used with students in March-May 2001.
Early Literacy Profile
Part 100 of the Commissioner’s Regulations requires schools and teachers to have a means of supporting and evaluating literacy development in kindergarten to grade 3 to enable students to demonstrate proficiency on the State’s elementary–level assessment. Districts must have a method of identifying students who need academic intervention services because they lack reading readiness or are at risk of not achieving the State designated performance level in the English language arts. Identification may use a variety of instruments. Some are commercially available.
The Early Literacy Profile is not a mandated instrument, nor will results be reported to the State. It is an assessment that can be used to identify students who need academic intervention services. Other uses of the Profile include:
- demonstrating student progress over time to teachers, students, and parents;
- building teacher capacity to support student literacy development and progress toward the English language arts standards;
- satisfying Title I requirements to show that children are making progress as a result of instruction; and
- providing information about performance trends for groups of students to help administrators and policy makers make decisions about where resources are most needed.
For additional information about the Early Literacy Profile, contact the Office of Curriculum and Instruction at (518) 474-5922.
Pesticide Industry Group RISE Communication
Attorney General Eliot Spitzer has asked the Department to share with school administrators the following information. In September, a pesticide industry group known as RISE (Responsible Industry for a Sound Environment) wrote to more than 20,000 school facilities managers nationwide, including those in New York State. The materials distributed by RISE promote pesticide use with deceptive claims and irrelevant anecdotes about the health and environmental impacts of pesticides. The Attorney General wants you to be fully informed of the correct information so that you can make pest control decisions to best protect the health of students, staff, and visitors.
While ostensibly promoting Integrated Pest Management (IPM) at schools, the materials sent by RISE actually encourage continued excessive reliance on pesticides by schools. This central role for pesticides runs contrary to the positions of the Department, the Attorney General’s office and countless other governmental and citizens’ groups. However, it is understandable that RISE advocates this role, given that its mission, as set forth at its web site, is to: (1) provide a strong unified voice for the specialty pesticide industry; (2) positively influence public opinion and policy; and (3) promote the use of industry products. (See the following web site, http://www.acpa.org/rise/intro.html, and note that this is not the RISE web site to which recipients of the RISE letter were directed.)
In advocating pesticide use, RISE makes numerous deceptive safety or irrelevant claims. For instance, the claim that “pesticides pose no risk to the health of children or adults when used according to label instructions” is not only false, but is specifically prohibited by federal regulations from appearing on the label of any pesticide product. The reference to the West Nile virus in New York City is largely irrelevant to school settings, given that the virus victims were elderly, and transmission is believed to have occurred in the evening during the summer. Similarly, the malaria reference is irrelevant given no infected mosquitoes were ever found.
The Attorney General is concerned that RISE’s mailing will be relied upon by school facilities managers and administrators, and that its deceptive claims might be repeated to parents, students and school staff. Late last spring, the Attorney General released a report, Pesticide Use At New York Schools: Reducing the Risk. That report discusses the risks of pesticide use at schools and offers a model pest management policy for schools. (Other reports from the Attorney General released last spring might also prove useful and are available at http://www.oag.state.ny.us . Print copies can be obtained by calling (518) 486-9750.)
While the public should not simply accept the risks associated with severe pest infestations at schools, it is not necessary to expose our children to highly toxic substances in the name of pest control. Properly planned and implemented IPM programs can serve to control pests without introducing toxic materials into the school environment.
Advanced Program Examination Fee Waivers
The Department has again received a grant award from the Federal Fee Reduction Program to provide examination fee waivers for low-income students taking the College Board Advanced Placement examinations or the International Baccalaureate examinations. A partial fee waiver amount of $42 for each examination has been established for this year. This waiver is available for students taking examinations in spring 2001. The Department will reimburse the College Board and International Baccalaureate organizations for fee-waiver examinations actually taken.
The Federal Fee Reduction Program eligibility criteria are the same as the existing criteria used by the College Board and International Baccalaureate programs. In order to receive the fee waiver, schools must determine student eligibility and provide appropriate information to the College Board or International Baccalaureate offices. These organizations will then deduct the fee-waiver amount from the invoices for examinations.
Legislation is currently pending and a budget request submitted to the Governor and Legislature for $600,000 to establish a New York State Advanced Program Examination Fee Waiver. Should this legislation be passed and an appropriation included in the New York State Budget, a State waiver amount will be applied in future years.
Detailed information on the Federal Fee Reduction Program will be sent in the next few weeks to school coordinators of both the Advanced Placement and International Baccalaureate programs. For further information contact the Summer Institutes Office at (518) 474-8773; or e-mail mdaley@mail.nysed.gov
Blood Glucose Monitoring
Children with diabetes have the right to care for their diabetes at school. This right is based on federal laws (Individuals With Disabilities Education Act [IDEA] and Section 504 of the Rehabilitation Act of 1973) which provide protection against discrimination for children with disabilities, including diabetes. Accordingly, while at school, each child with diabetes must be allowed to do blood glucose monitoring at any time within any place in the school. Blood glucose monitoring is the testing of one’s blood sugar with a small portable machine called a blood glucose meter. At times, a child may need assistance with the blood glucose monitoring procedure. In a March 1995 memorandum to schools, blood glucose monitoring was considered a nursing function that could not be delegated to unlicensed persons. It has been determined that blood glucose monitoring may now be performed by anyone in the school setting. Each child with diabetes must be allowed to do blood glucose monitoring and receive assistance, if necessary, with this procedure. If you have any questions on children with diabetes, please call the Comprehensive Health and Pupil Services Team at (518) 486-6090.
2001 New York State Summer School of the Arts (NYSSSA)
Brochures, application forms and posters for the 2001 New York State Summer School of the Arts have been distributed to schools, arts organizations, public libraries and community groups across the State. The eight component schools offer preprofessional residential summer training programs for students who are considering careers in the arts or entertainment fields. Students work with internationally acclaimed artists and artistic companies and experience daily life with professional artists as well as gain an understanding of the benefits of consistent and rigorous discipline in a chosen field.
After 30 continuous seasons, NYSSSA now has alumni all over the world who have distinguished themselves either individually as artists or in major artistic companies. NYSSSA alumni are successful in a variety of other fields as well. Whether working in the arts or in any other profession, many alumni say their summer at NYSSSA was one of the most important experiences in their lives.
Students are selected through auditions held regionally across the State from January — March. Tuition assistance is available based upon financial need. No student who qualifies is ever denied admission because of an inability to pay the tuition. The NYSSSA Schools provide students with unforgettable experiences such as:
The School of Ballet where the faculty are the principals of the New York City Ballet and the students attend performances at the Saratoga Performing Arts Center each night.
The School of Choral Studies where students receive private voice instruction and perform in a chorus under the direction of a nationally recognized director and faculty
The School of Dance where Artistic Director Carolyn Adams, a former Taylor dancer, brings choreographers like David Parsons and his company to work intensely with students in master classes, choreography and performances.
The School of Jazz where Ed Shaughnessy, “the Tonight Show drummer,” brings together a group of today’s outstanding jazz artists to coach students in combos and where students attend the Saratoga Jazz Festival.
The School of Media Arts where students create media works in film, photography, video and computer graphics alongside cutting edge media artists/faculty.
The School of Orchestral Studies where students are taught by the members of the Philadelphia Orchestra and perform as an orchestra and in ensembles at the Saratoga Performing Arts Center.
The School of Theatre where students study with award-winning actors and directors, including Pulitzer Prize winning playwright Lanford Wilson.
The School of Visual Arts where students work in drawing and painting, watercolor, sculpture, mixed media, figure studies and printmaking under the direction of distinguished faculty and visiting artists, such as Director Randy Williams from the Metropolitan Museum.
To obtain additional brochures, applications and posters call, write, fax or E-mail:
Summer Institutes Office, Room 866 EBA State Education Department, Albany, NY 12234
Phone: (518) 474-8773 FAX: (518) 473-0770
E-Mail: mdaley@mail.nysed.gov
or visit the NYSSSA web site at www.emsc.nysed.gov/nysssa/ for information and applications, plus an exciting new student forum.
Commissioner’s Decisions
Information about appeals to the Commissioner of Education under §310 of the Education Law is available at www.counsel.nysed.gov. This web site includes the decisions and Regulations of the Commissioner, frequently asked questions and answers about the appeal process, and forms and instructions for filing an appeal.
Recent significant decisions issued by the Commissioner in appeals brought before him pursuant to Education Law §310 include the following:
Appeal of Kozak, 40 Ed Dept Rep ______, Decision No. 14,481, dated November 7, 2000
Petitioner appealed the board’s decision to abolish his position and its refusal to place him on a preferred eligibility list. The Commissioner sustained the appeal, finding that a board must take special action to discontinue the services of a teacher whose position has been abolished, which respondent failed to do. Therefore, the abolition of petitioner’s position made him an excess teacher available for appointment to a similar position. The Commissioner also found that respondent’s refusal to place petitioner on a preferred eligibility list was improper because the record did not support the determination that petitioner had failed to render faithful and competent service. The Commissioner noted that formal evaluations showed petitioner’s performance was excellent and that respondent improperly relied on a single hearsay comment in deciding his service was unsatisfactory.
Appeal of David and Cynthia L., 40 Ed Dept Rep ______, Decision No. 14,484, dated November 9, 2000
Petitioners appealed the suspension of their son for one year for making a bomb threat. The Commissioner dismissed the appeal as moot because the student had been readmitted to school. He went on to note that the appeal would have been dismissed in any event because the evidence in the record, although circumstantial, reasonably supported the conclusion that the student had composed the bomb threat and used a school computer to transmit it to a California web site, which then forwarded it to the school.
Appeal of Riccobono, 40 Ed Dept Rep ______, Decision No. 14,485, dated November 22, 2000
Petitioner appealed a decision of the New York City Board of Education, which upheld a decision of then-Chancellor Crew to remove petitioner from his position as superintendent of a community school district. The Commissioner sustained the appeal, finding that the Chancellor did not comply with Education Law §2590-1, which requires him to issue an order directing a superintendent to cease improper conduct or to take required action before removing the superintendent. The Commissioner also found that under the circumstances of this appeal there was no basis for excusing the Chancellor’s non-compliance.
For your information, an index of selected articles that have appeared in the January through November/December 2000 issues of the School Executive’s Bulletin follows. These issues are accessible on the Department’s web site at www.emsc.nysed.gov
Accountability: Design of a System for Accountability for Student Success
April
Accountability: Early Elementary Assessment Component
October
Accountability: School Accountability Methodology for Establishing Standards and Performance Targets
June/July
Accountability: Regulation to implement System for Accountability for Student Success
June/July
Advanced Program Examination Fee Waivers
January
Agricultural Education
June/July
Alternative Teacher Certification Program
Summer
Annual Report to the Governor and the Legislature on the Educational Status of the State’s Schools (Chapter 655 Report)
Summer
Assessment: Accommodations for Limited English Proficient/English Language Learners (LEP/ELL)
April
Assessment: Achievement Levels for Special Education Students
May
Assessment: Allowances Permitted Due to Cancellation of January Tests
April
Assessment: Approved Alternative Tests to the Regents Examinations
June/July
Assessment: Cancellation of January 2000 State Assessments
Feb/March
Assessment: Component Retesting for Regents English and Mathematics Examinations
Feb/March
Assessment: Fifth Grade Social Studies Test Postponement
Feb/March , April
Assessment: Intermediate Level Science—Progress in Development of Examination and Sampler Materials
Feb/March
Assessment: Performance of High School Seniors on Regents English Examination
Feb/March
Assessment: Performance Results on Elementary English Language Arts Assessment
June/July
Assessment: Performance Results on Elementary Mathematics, Intermediate English and Mathematics, and Regents English and Mathematics
Nov/Dec
Assessment: Program Evaluation Test in Grade 4 Science
Feb/March
Assessment: Regents Examination Dates for 2001
June/July
Assessment: Regents Examination Dates for 2001 and 2002
Nov/Dec
Assessment: Requirements for Transfer Students for 2000-2001 School Year
October
Assessment: Retesting of Students Who Score Below State Designated Performance Levels
January, Summer
Assessment: Validity of Revised Regents Examinations
January
Attendance Initiative
January
Attendance Policy
Nov/Dec
Blue Ribbon Schools Nomination Package (2000-2001)
Feb/March, April
Blue Ribbon Schools Nominees (1999-2000)
January
Career and Technical Education
June/July
Career and Technical Education: Building Linkages in Information Technology
Summer
Career and Technical Education: High Schools That Work Statewide Pilot Testing
Summer
Career and Technical Education: JFK Airport Annex Provides Certified Maintenance Training in High School
Nov/Dec
Career and Technical Education: National Certification in Automotive Training
Summer
Career and Technical Education: National Certification in Machining
Summer
Career Plan Pilot Project
Feb/March
Charter Schools: Regents Action
January, May, June/July, Summer, October, Nov/Dec
Charter Schools: Regulation relating to charter school report card
June/July
Commissioner’s Decisions January Feb/March April May June/July Summer October
Nov/Dec
Cultural Resources: Tools for Teachers
June/July
Federal Legislative Activities
January, Feb/March
Field Trips
April
Health: Children with Chronic Health Problems
June/July
Health: Guidance on Health Education Graduation Requirement
January
Health: Immunization Requirement (Hepatitis B Vaccine)
January
Health: Immunization Requirement (Varicella [Chickenpox])
October
Health: Project Towards No Tobacco
Feb/March
Health: Resources for Tobacco Use Prevention
Feb/March
Health: Revision to Sports Health Examination Guideline
Summer
High Schools That Work Program
May
Home and Career Skills Scenario Assessment Pilot
January
Incidental Teaching Assignments: Change in Process
January
Kindergarten: Regulation on Full-Day Kindergarten Conversion Aid
October, Nov/Dec
Learnfare: Expiration of Law
October
Local Assistance Plans: Regulation Change
January, April
New York State Academy for Teaching and Learning
October
Nonpublic High School Registration
Summer
Parenting Education Graduation Requirement
May
Part 100 of Commissioner’s Regulations
May
Part 100 Web Site Summer
October
Pesticide Neighbor Notification for Schools
Nov/Dec
Physical Education: Variance Option for Semester Block-Scheduling Schools
May
Plan Requirements
Feb/March
Qualified Zone Academy Bonds: Regulation
October
School-Based Planning and Shared Decision Making: Regulation on New York City School Governance System Alignment Summer
October
School Facilities: Computer Monitors as Hazardous Waste
Nov/Dec
School Facilities: Fluorescent Bulbs Are Hazardous Waste
Nov/Dec
School Facilities: Regulation on State Environmental Quality Reviews
Nov/Dec
School Facilities: Regulation on Submittal Procedures for Public School Construction Projects
Nov/Dec
School Facilities: Short-Term Worker Asbestos Notification Reminder
Nov/Dec
School Food Programs: Disclosure of Free and Reduced Price Data
October
School Food Programs: Food Service Contracts
June/July
School Food Programs: Foreign Language Applications for Free and Reduced Price Meals
May
School Leadership
October
School Library Media Programs
June/July
School Safety: Asbestos Reinspection in 2001
June/July
School Safety: Emergency Evacuation of Non-Ambulatory Disabled Individuals
Nov/Dec
School Safety: Emergency Plan Annual Update and Drill
June/July
School Safety: Instruction in Arson and Fire Prevention
Nov/Dec
School Safety: Project SAVE (Safe Schools Against Violence in Education Act)
October
School Safety: Regulation on Approval of Providers of Training in School Violence Prevention and Intervention
Nov/Dec
School Safety: Regulation on Falsely Reporting a Criminal Incident or Impending Explosion or Fire Emergency
May
School Safety: Regulation on Requirement for Codes of Conduct
Nov/Dec
School Safety: Regulation on Requirement for District and Building-Level School Safety Plans
Nov/Dec
School Safety: Regulation on Requirement for Training in School Violence Prevention and Intervention in Professional Development Plans
Nov/Dec
School Safety: Schools, Shelters and the Red Cross
May
School Safety: Thunderstorm Safety and Outdoor Events
June/July
School-to-Work Implementation Survey
April, June/July
School Property Tax Report Card: Regulation
Feb/March
School Report Card Results
April
Science Variances
Nov/Dec
Selective Service System Registration
Summer
Special Education: 180 Days of Instruction for Students with Disabilities
January
Standards Implementation Study
October
State Aid: Regents 2000-2001 Proposal and Beyond
January
State Aid: Regents 2001-2002 Proposal
Nov/Dec
State Aid: Regulation on Partitioned School Districts
Feb/March, April
Statewide Forum on Standards Implementation
October
Summer School Handbook
Feb/March
Summer School of the Arts (2000)
January
Superintendents’ Conference Days: Regulation on Using in Hourly Units
June/July, Summer
Teacher Preparation: School-College Collaboration
Feb/March
Teacher Recruitment: Regents Legislative Package
October
Teacher Supply and Demand Data
Summer
Textbooks and Instructional Materials: Regulation on Instructional Materials in Electronic Format
June/July, Summer
Transfer Students: Assessment Requirements for Students First Entering a New York State School During the 1999-2000 School Year
January
Transportation: Approval of Transportation Contracts by Superintendents of Schools
Feb/March
Transportation: Child Safety Seats on School Buses
April
Transportation: Child Safety Zones
April
Transportation: Competitively Bidding a Transportation Contract
Feb/March
Transportation: Emergency School Bus Leases
Feb/March
Transportation: Leasing of School Buses
Feb/March
Transportation: Reducing the Number of Transportation Contracts
October
Transportation: Voter Approval of Multi-Year Transportation Contracts
October
Unclaimed New York State Teachers’ Retirement System Accounts
October
Universal Prekindergarten
January, June/July, Nov/Dec
Universal Prekindergarten: Regulation on Waiver for Summer—Only Programs
Feb/March
Universal Prekindergarten: Research Symposium
May
Regents: Action • Discussion • Upcoming Agenda