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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: |
August 23, 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 approve as an emergency action 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
This question will come before the Regents EMSC-VESID Committee in September.
Procedural History
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
Background Information
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
A Notice of Emergency Adoption and Proposed
Rule Making will be published in the State Register on October 4, 2006. A
Statement of Facts and Circumstances Which Necessitate Emergency Action is
attached.
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 September 19, 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 to ensure that accountability decisions
based on 2005-2006 school year assessment data are made in accordance with New
York’s approved accountability plan, and to ensure the timely implementation of
New York’s plan to address the findings of the United States Department of
Education’s peer review of the State assessment program, and thereby
avoid potential corrective actions that could include loss of State Title I
administrative funds.
Timetable for Implementation
The proposed amendment will become effective September 19, 2006. Confirmation of the emergency measure as a permanent rule will be submitted to the Board of Regents for action at the December 2006 meeting.
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
Emergency adoption of these
regulations is necessary
for the preservation of the general welfare 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. Emergency action is also necessary to implement in part the
provisions of
It is anticipated that the
proposed amendment will be presented to the Board of Regents for permanent
adoption 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.
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 September
19, 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)] (xi) 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)
. . .