VADIR Data Collection for the 2005-06 School Year
The collection of violent and disruptive incident (VADIR) data for incidents occurring during the 2005-06 school year runs from December 1, 2006 through January 26, 2007. All school districts, charter schools and BOCES must complete the online VADIR Summary Form for 2005-06. District offices will use the form only to report incidents that are reportable under VADIR, but not attributable to a particular school within the district. The district’s form should not provide duplicate counts of incidents reported separately by a school within the district. As in 2004-05, the VADIR data will be collected through the online Basic Educational Data System (BEDS) application. No paper forms will be accepted. Usernames and passwords used for fall 2006 BEDS will still be valid for entering and saving VADIR data. Please be aware that, because of the lag between the BEDS and VADIR data collection cycles, you must access the 2005-06 VADIR form by selecting 2006-07 from the BEDS drop-down menu. For more information, including detailed instructions, Word and pdf versions of the forms, and other guidance documents, please go to http://www.emsc.nysed.gov/irts/violence-data/home.shtml.
Public School Fire Safety Reinspections
Section 807-a of Education Law was recently revised to require “a reinspection of school buildings where a report of inspection identified violations that, if uncorrected, would cause the Department to deny an annual certificate of occupancy to such school building, and shall require re-inspections until it is demonstrated to the satisfaction of the Commissioner that said violations have been corrected.” This change is effective for school fire inspections beginning on or after December 15, 2006. Reinspections will be required for all buildings where, after the inspection, the Department would not be able to issue any Certificate of Occupancy based on the number or severity of violations noted by the inspector before any corrections have been made by the school district. Schools will be notified by the Department if a reinspection is required. For additional information, please go to the Office of Facilities Planning website at http://www.emsc.nysed.gov/facplan.
New York State Alternate Assessment Administration Manual
The 2006-07 New York State Alternate Assessment (NYSAA) Administration Manual is now available online to assist teachers in preparing to administer this assessment. The manual provides a detailed set of guidelines, procedures and other resources for administering the 2006-07 NYSAA. It also includes the forms that teachers are required to complete for their students. To access the NYSAA Administration Manual, please go to http://www.vesid.nysed.gov/specialed/alterassessment/home.html.
Annual AHERA Notifications to Employees and Parents Reminder
The federal Asbestos Hazard Emergency Response Act (AHERA) requires all public and nonpublic elementary and secondary schools to ensure that all school employees and building occupants, or their legal guardians, are informed at least once each school year about all asbestos inspections, response actions, and post-response action activities, including triennial reinspection and visual surveillance activities that are either planned or in progress. This notification must be made in writing and a copy maintained in the school’s asbestos management plan. Notification methods may include the publication of an article in a school newsletter or through a separate written notice distributed to staff and sent home to a student's parent or legal guardian. Public and nonpublic schools must also provide a written notification to all parent, teacher, and employee organizations of the availability of the school’s asbestos management plan for public inspection. A description of the steps to notify these organizations, as well as a dated copy of the notification, is to be maintained in the asbestos plan. The asbestos management plans are to be made available for inspection to representatives of the federal Environmental Protection Agency and the State, the public, including parents, teachers, and other school personnel within five working days after receiving a request for its inspection. For more information on the federal Asbestos Hazard Emergency Response Act, please see: http://www.epa.gov/asbestos/pubs/asbestos_in_schools.html or call Facilities Planning at 518-474-3906.
New Addition to Office of Curriculum and Instructional Support
The Middle-Level Education initiative has been placed within
the Department’s Office of Curriculum Instruction and Instructional Technology
(CIIT). For ongoing information regarding middle-level education, visit
http://emsc32.nysed.gov/ciai/MiddleLevel/middle.html
Big 5 Summit on Adult Education
On November 1 and 2, the Adult Education and Workforce Development team hosted the first Big 5 City School District adult education summit in Syracuse. The summit focused on developing high quality data systems to support accountability and greater effectiveness of adult education; Literacy Zones in the Big Five; and federal funding directions and opportunities, including the reauthorization of the federal Workforce Investment Act and potential immigration reform that could dramatically expand federal funding for English language and civics instruction.
Science and Social Studies Workshops for Teachers
The Museum Education Institute at the New York State Museum was established in 2001 to support a community of professionals dedicated to improving education. The Institute provides practicing teachers with opportunities to participate in the research process with access to current research information, and to interact with Museum research and collections staff. The Institute aids in the accomplishment of the Museum’s mission by fostering working relationships between teachers and researchers in the fields of geology, biology, anthropology and history. For more information about upcoming teacher workshops, visit http://www.nysm.nysed.gov/education/teacher/workshops.html .
Department’s Virtual Learning System (VLS) Enhanced
The VLS has been enhanced and expanded with interesting visuals and additional content. Recent changes include updated home pages with added informational items. Thousands of lesson plans and instructional tasks are available by exploring the learning standards and performance indicators in the seven content areas. In response to several suggestions, a new VLS Resource Search has been implemented. A user can easily access VLS resources and related information with a few mouse clicks. Additional search options continue to provide quick access to SED and GEM (Gateway to Educational Materials) resources. The new VLS site is http://www.nysvls.org.
Poetry Out Loud Contest
High schools, teachers, and students are invited to participate in the national Poetry Out Loud national contest. The registration deadline is December 21, 2006. Administered by the New York State Council on the Arts (NYSCA) and the New York State Alliance for Arts Education (NYSAAE), Poetry Out Loud provides a new and exciting channel for learning in the English language arts classroom. Students benefit by reading a wide range of literature to build an understanding of texts and the world around them. Additionally, Poetry Out Loud helps students to master public speaking skills, build self-confidence, and learn about their literary heritage. Beginning at the classroom level, winners advance to a school-wide competition, then to a state capital competition, and ultimately to the national finals in Washington, DC. More than 100,000 students are expected to take part in Poetry Out Loud this year. To learn more about the competition or to sign up, visit http://www.nysaae.org/projects.htm.
Summer Study Opportunity for Students and Teachers
Each year the Appalachian Regional Commission (ARC), in collaboration with the Oak Ridge National Laboratory, sponsors a two-week, residential, hands-on learning institute focusing on math, science, and technology for high school students and teachers from New York State’s Appalachian Region (Allegany, Broome Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga and Tompkins counties). This year’s institute will be held from July 7 to July 20, 2007. Spaces have been reserved for two students and two teachers from New York’s Appalachian Region. Further information about this worthwhile opportunity can be found at the ARC website, http://www.arc.gov/index.jsp .
Calendar of Training Workshops for Adult Education Providers
Are you a teacher or trainer in an adult education or an adult literacy program? You may want to bookmark the Regional Adult Education Network Calendar for up-to-date information about adult educator training: http://calendar.nysed.gov/cgi-bin/Calcium.pl?CalendarName=RAEN . Further information about adult literacy programs and training opportunities can be found at http://www.emsc.nysed.gov/workforce/offices/adult.html.
Commissioner’s Decisions
Information about appeals to the Commissioner of Education is available on the Department’s Office of Counsel website at http://www.counsel.nysed.gov . The site contains decisions from 1991 to date. New decisions are added as they are issued. Recent significant decisions issued by the Commissioner in appeals brought before him pursuant to Education Law §310 include the following:
Appeal of New York City Dept. of Education, 46 Ed Dept Rep ___, Decision No. 15,482, dated October 31, 2006.
The Commissioner dismissed petitioner’s appeal seeking the termination of a principal of a New York City public school (“respondent”). In January 2000, the Legislature amended Education Law §3020 to permit discipline procedures to be specified in collective bargaining agreements. On April 22, 2006, an arbitrator found respondent guilty of physical and verbal misconduct against a student, suspended him without pay and directed him to attend a stress/anger management course. However, the board of education terminated respondent instead. Neither party appealed the arbitrator’s decision to the Chancellor as required under the terms of the collective bargaining agreement. Instead, petitioner commenced an Article 75 proceeding in Supreme Court, which was dismissed for failure to file an appeal with the Chancellor.
The Commissioner determined that, since the disciplinary appeal provisions of the collective bargaining agreement were not followed and the Supreme Court issued a dismissal for that rationale, the Commissioner was, in essence, being asked to overrule a determination of the Supreme Court, which he lacks the authority to do.
Appeal of Wolverton, 46 Ed Dept Rep ___, Decision No. 15,484, dated November 9, 2006.
The Commissioner sustained petitioner’s appeal to annul the results of a November 17, 2005 election authorizing the reorganization and consolidation of the Bradford Central School District and the Campbell-Savona Central School District. Prior to the election, a fiscal report showed that both districts were financially sound. However, after the election a deficit of almost $1 million was discovered in Campbell-Savona’s finances.
The Commissioner determined that he had exclusive jurisdiction to hear a challenge to the annexation vote. Moreover, he found that depriving the voters of accurate information on significant fiscal issues and an opportunity to address them prior to the annexation vote constituted an irregularity. By providing voter affidavits, petitioner proved that the result of the vote was affected by the irregularity. Therefore, the Commissioner set aside the vote.
Appeal of Dashefsky, 46 Ed Dept Rep ___, Decision No. 15,486, dated November 10, 2006.
The Commissioner dismissed petitioners’ challenge to the attendance by members of the Board of Education of the Massapequa Union Free School District (“respondents”) at a client reception held by the district’s law firm. Petitioner contended that by attending this reception respondents received gifts in excess of $75, a violation of district policy and General Municipal Law (“GML”) §805-a. The test under GML §805-a is whether in accepting or receiving a gift, “it could reasonably be inferred that the gift was intended to influence . . . or reward . . . .” Although the Commissioner dismissed the appeal on procedural grounds, he reminded respondents that they must avoid even the appearance of impropriety and encouraged them to be scrupulous in the adherence to the GML and board policy gift prohibitions.
Appeal of Himmelberg and Little, 46 Ed Dept Rep ___, Decision No. 15,490, dated November 21, 2006.
The Commissioner sustained in part petitioners’ appeal challenging the actions of the Board of Education of the Fairport Central School District and its Superintendent (“respondents”), allowing the Fairport Education Association, the teachers’ union, to use district email to endorse two candidates for seats on the board. Respondents argued that this use was permitted under a collective bargaining agreement between the district and the association and that the board had not known about the email or approved its distribution.
The Commissioner determined respondents improperly permitted the union to use district resources to advocate its position. He determined that a collective bargaining agreement cannot authorize unconstitutional partisan use of district resources and that, despite the board’s lack of prior knowledge or approval, the email did constitute an improper use of district resources.
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