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SECTION 100.2
100.2
General school requirements.
(p)
Registration of schools and school/district
accountability.
Nonpublic schools may be, and public elementary, intermediate, middle,
junior high, and high schools shall be, registered by the Board of Regents
pursuant to this subdivision upon recommendation by the commissioner,
provided that charter schools shall not be subject to registration pursuant
to this subdivision, but shall be held accountable for meeting or exceeding
the student performance standards and student assessment requirements
applicable to other public schools in accordance with the provisions of
Article 56 of the Education Law. No school district may operate a
public school whose registration has been revoked by the Board of Regents
pursuant to paragraph (10) of this subdivision. Only those public and
nonpublic high schools which are registered by the Board of Regents upon
recommendation of the commissioner, may issue diplomas and administer
Regents examinations, except that charter schools may issue diplomas and
administer Regents examinations as authorized by Article 56 of the Education
Law.
(1) Definitions.
As used in this subdivision
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(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 at paragraph (v) of paragraph (2) of
subdivision (bb) of this section; students with disabilities, as
defined in section 200.1 of this Title; students with limited
English proficiency, as defined in Part 154 of this Title; and
economically disadvantaged students, as identified pursuant to
section 1113(a)(5) of the NCLB, 20 USC 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 extent that such
entity is the local educational agency for purposes of Title I.
(iii) Board of education shall mean
the trustees or board of education of a school district; provided
that in the case of the city school district of the city of New
York, such term shall mean the Chancellor of the city school
district acting in lieu of the board of education of such city
school district to the extent authorized by Article 52-A of the
Education Law and, with respect to community school districts and
New York City superintendencies, such term shall mean the
community superintendent or other superintendent of schools acting
in lieu of the board of education to the extent authorized by
Article 52-A of the Education Law.
(iv) Performance index shall be
calculated based on the four student performance levels defined in
subparagraph (iv) of this paragraph. Each student scoring at Level 1
will be credited with 0 points, each student scoring at Level 2 with
100 points, and each student scoring at Levels 3 or 4 with 200
points. The performance index for each accountability group
will be calculated by summing the points and dividing by the number
of students in the group.
(v) Performance
levels shall mean:
(a) Level 1/Basic:
(1) For elementary and
middle grades:
(i) a score of Level 1 on State
assessments in English language arts, mathematics
and science or a score of Level 1 on
a
State Alternate Assessment;
(ii) a score for
certain limited English proficient students
pursuant to subparagraph (vi) of paragraph (14) 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) for the 2004-2005 and prior school
years, the score to be reported for a student
with a disability who participates in the local
assessment option. |
(2) For high school:
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(i) a score of
less than 55 on the Regents Comprehensive
Examination in English or a Regents Mathematics
examination or a failing score on a State-approved
alternative examination for those Regents
examinations;
(ii) a failing
score on the Regents Competency Tests in Reading
or Writing; a failing score on the Regents
Competency Test in Mathematics;
(iii) a score of
Level 1 on on a
State Alternate Assessment;
(iv) a cohort
member who has not been tested; or
(v)
for the 2004-2005 and prior school years
the score of a
student with a disability who participates in the
local assessment option. |
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(b) Level 2/Basic Proficient:
(1) For
elementary and middle grades:
(i) a score of Level 2 on State
assessments in English language arts, mathematics
and science or a score of Level 2 on
a
State Alternate Assessment;
(ii) a score for
certain limited English proficient students
pursuant to subparagraph (vi) of paragraph (14) of
this subdivision, in lieu of the State assessment
in English language arts, that shows Level 2
growth on the NYSESLAT. |
(2) For high school:
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(i) a score
between 55 and 64 on the Regents Comprehensive
Examination in English or a Regents Mathematics
examination;
(ii)
a passing score on the Regents Competency Test in
Reading and Writing; a passing score on the
Regents Competency Test in Mathematics;
(iii) a score of Level 2
on a
State Alternate Assessment |
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(c) Level 3/Proficient
(1) For
elementary and middle grades:
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(i) a score of
Level 3 on State assessments in English language
arts, mathematics and science or a score of Level
3 on a
State Alternate Assessment;
(ii)
a score for certain limited English proficient
students pursuant to subparagraph (vi) of
paragraph (14) of this subdivision, in lieu of the
State assessment in English language arts, that
shows Level 3 growth on the NYSESLAT. |
(2) For High School
| (i)
a score between 65 and 84 on the Regents
Comprehensive Examination in English or a Regents
Mathematics examination;
(ii)
a passing score on a State-approved alternative to
the Regents examinations set forth at item (i) of
this subclause
(iii) a score of level 3
on a
State Alternate Assessment |
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(d) Level 4/Advanced
(1) For
elementary and middle grades
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(i) a score of
Level 4 on required State assessments in English
language arts, mathematics and science or a score
of Level 4 on a
State Alternate Assessment;
(ii) a score for
certain limited English proficient students
pursuant to subparagraph (vi) of paragraph (14) of
this subdivision, in lieu of the required
State assessment in English language arts, that
shows Level 4 growth on the NYSESLAT. |
(2) For high school
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(i) a score of 85
or higher on the Regents Comprehensive Examination
in English or a Regents Mathematics examination;
(ii) a score of
Level 4 on a
State Alternate Assessment; |
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(vi) High school equivalency
literacy levels means the level that a student tested on reading and
mathematics assessments approved by the commissioner divided into
the following grade levels: 0.0-1.9, 2.0-3.9, 4.0-5.9, 6.0-8.9,
9.0-10.9, and 11.0 and above.
(vii)
Alternate assessment means a State alternate assessment
recommended by the committee on special education, for use by
students with disabilities as defined in section 100.1(t)(2)(iv) of
this Part in lieu of a required State assessment.
(viii)
Title
I means title I, part A of the Elementary and Secondary Education
Act of 1965, as amended, ("ESEA"), 20 U.S.C. sections 6301-6327.
(ix)
Continuously enrolled means, for grades 3-8, students whose latest
date of enrollment occurred after the date prescribed by the
commissioner on which BEDS forms are required to be completed and,
for grades 9-12, students in the high school cohort, as defined in
paragraph 16 of this subdivision.
(x)
Significant medical emergency means an excused absence from school
during both the regular and makeup examination period for which a
district has documentation from a medical practitioner that a
student is so incapacitated as to be unable to participate in the
State assessment given during that examination period.
(xi)
For
elementary and middle-level students, participation rate means the
percentage of students enrolled on all days of test administration
who did not have a significant medical emergency who received valid
scores on the State assessments for elementary and middle-level
schools, as set forth in paragraph (1)(v) of this subdivision.
(xii)
For
high school students, participation rate means the percentage of
designated students in at least their fourth year of high school, as
designated by the Commissioner, who received a valid score on the
required assessments for high schools, as set forth in paragraph
(1)(v) of this subdivision.
(xiii)
NCLB means the No Child Left Behind Act of 2001, Public Law, section
107-110. |
(2)
Procedure for registration of public schools.
(i) All public elementary, intermediate, middle,
junior high schools, and high schools, other than charter
schools, in existence on September 1, 2002 shall be deemed
registered by the Board of Regents pursuant to this
subdivision as of such date.
(ii)
A school district that seeks to register a public elementary,
intermediate, middle, junior high school or high school which
is not registered pursuant to subparagraph (i) of this
paragraph shall submit a petition for registration to the
Board of Regents, in a form prescribed by the commissioner and
containing such information as the commissioner may require,
no later than June 15th for schools opening in September of
the next successive school year or, for those schools opening
during a current school year, at least 90 days prior to the
opening of such school, except that the commissioner may waive
this timeline for good cause. The commissioner shall review
the petition and shall recommend its approval to the Board of
Regents if it is satisfactorily demonstrated that the district
has provided an assurance that the school will be operated in
an educationally sound manner; is in compliance with
applicable statutes, rules and regulations relating to public
schools; and will operate in accordance with applicable
building codes and pursuant to a certificate of occupancy. No
new public school will be recommended for registration by the
commissioner if, in the commissioner's judgment, the
establishment of such school would conflict with an approved
plan for district reorganization, except where it can be
established to the satisfaction of the commissioner that such
school is essential to the education welfare of the students.
(a)
Where a school registered pursuant to this paragraph is in a
district in which one or more schools have been identified as
a school requiring academic progress, the Commissioner shall
determine the accountability status of the newly registered
school based upon his review of the proposed educational
program, including but not limited to such factors as: school
mission, school administration and staff, grade configurations
and groupings of students, zoning patterns, curricula and
instruction and facilities.
(b)
In the event that a school district merges two or more schools
or transfers organizational responsibility for one or more
grades from one school to another, the Commissioner may adjust
the accountability status of the affected schools to reflect
such organizational changes. |
(3)
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.
(4)
System
of accountability for student success. Each year, commencing with
2002-2003 school year test administration results, the commissioner
shall review the performance of all public schools, charter schools
and school districts in the State. For each accountability
performance criterion specified in paragraph (14) and each
performance indicator specified in paragraph (15) of this
subdivision, the commissioner, commencing with 2002-2003 school year
test administration results, shall determine whether each public
school, charter school and school district has achieved adequate
yearly progress as set forth in paragraph (5) of this subdivision.
(5)
Adequate yearly progress.
| (i)
A public school, charter school or school district shall be
deemed to have made adequate yearly progress on an
accountability performance criterion set forth in paragraph
(14) if each accountability group within such school or
district achieved adequate yearly progress on that criterion.
(ii)
In public schools, charter schools or school districts with
fewer than 30 students subject to an accountability
performance criterion set forth in paragraphs (14) and (15)
of this subdivision, the commissioner shall use the weighted
average of the current and prior school year’s performance
data for that criterion in order to make a determination of
adequate yearly progress. No public school, charter school or
school district will be held accountable for any other
accountability group consisting of fewer than 30
students as long as the “all student” accountability
group includes at least 30 students for that school year.
(iii)
For purposes of determining adequate yearly progress, only the
performance of continuously enrolled students in grades 3-8
shall be included for consideration.
(iv)
An accountability group shall be deemed to have made adequate
yearly progress on an accountability performance criterion
specified in paragraph (14) of this subdivision if:
| (a)
The superintendent of the school district or the
principal of the charter school has submitted the
required student data files to the commissioner pursuant
to section 100.2(bb)(2) or section 119.3(b) of this
Title in the timeframe and format specified by the
commissioner; and
(b)
for accountability groups consisting of 40 or more
students, either:
| (1)
the
participation rate for the current year equals or
exceeds 95 percent; or
(2)
the weighted average of the current year and prior
year participation rates equals or exceeds 95
percent. |
(c)
for accountability groups consisting of 30 or more
students:
| (1)
the accountability group met or exceeded, or did
not differ significantly as determined by the
commissioner, from the annual measurable
objective for that criterion; or
(2)
the accountability group met or exceeded, or did
not differ significantly as determined by the
commissioner, from an annual performance target
established by the commissioner and the
accountability group met or exceeded the third
performance indicator at that grade level, as
defined in subdivision (15) of this section. |
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(v)
A public school, charter school or school district shall be
deemed to have made adequate yearly progress on a performance
indicator specified in paragraph (15) of this subdivision if
| (a)
The superintendent of the school district or the
principal of the charter school has submitted the
required student data files to the commissioner pursuant
to section 100.2(bb)(2) or section 119.3(b) of this Title in the
timeframe and format specified by the commissioner; and,
(b)
the “all students” accountability group in the school or
school district at the applicable grade level or high
school cohort met or exceeded the performance indicator
and, for elementary and middle levels, 80 percent of
students enrolled on all days of the science test
administration, who did not have a significant medical
emergency, received valid scores. |
(vi)
For each school year, public schools, school districts, and
charter schools in which no students or, pursuant to
subparagraph (ii) of this paragraph fewer than 30 students,
participate in the required State assessments for English
language arts or mathematics, or in which the majority of
students are not continuously enrolled, shall conduct a
self-assessment of their academic program and the school
learning environment, in such format and using such criteria
as may be prescribed by the commissioner. Such
self-assessment shall not be required of those schools and
school districts for which the commissioner shall conduct a
review of the performance of the school or school district in
accordance with subparagraph (viii) of this paragraph. The
superintendent of the school district or principal of the
charter school shall review the self-assessment(s) and make a
recommendation to the commissioner, in such format and
according to such timeframe as the commissioner may prescribe,
as to whether the school or school district has made adequate
yearly progress. The commissioner shall consider the
self-assessment, board recommendation and any other relevant
information in determining whether the school or school
district made adequate yearly progress.
(vii)
The school accountability status of public schools, school
districts, and charter schools serving grades 2 and/or 3, but
not grade 4, (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 students from feeder schools by contract, the grade four
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 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 (i) and (iii) of
paragraph (14) of this subdivision, the commissioner will
aggregate the district’s fourth-grade 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)
A public school that fails to make adequate yearly progress
for two consecutive years in the same accountability
performance criterion in paragraph (14) or the same
accountability indicator in paragraph (15) shall be
designated in the next school year as a “School Requiring
Academic Progress: Year 1.” A school improvement plan in such
format as may be prescribed by the commissioner shall be
developed by each School Requiring Academic Progress. Such
school improvement plan shall be formally approved by the
board of education (in New York City, both the New York City
Board of Education and the community school board for schools
under the jurisdiction of the community school district) no
later than three months following the identification of the
school as requiring academic progress and shall be implemented
no later than the beginning of the next school year after the
school year in which the school was identified or immediately
upon approval of the board of education if such approval
occurs after the first day of regular student attendance.
Such plan shall cover a two-year period and be developed in
consultation with parents, school staff, the school district,
and outside experts and to the extent appropriate, consistent
with section 100.11 of this Title. The plan shall be updated
annually and approved by the board of education and
implemented no later than the first day of regular student
attendance of each year that the school remains in
improvement.
(ii)
A public school that is identified as a “School Requiring
Academic Progress: Year 1” that fails to make adequate yearly
progress on the same criterion or indicator for which it has
been identified shall be designated in the next school year as
a “School Requiring Academic Progress: Year 2.”
(iii)
A public school that is identified as a “School Requiring
Academic Progress: Year 2” 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: 2” shall be designated in the next school year as a
“School Requiring Academic Progress: Year 3.” A corrective
action 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 corrective action plan shall be formally approved
by the board of education (in New York City, both the New York
City Board of Education and the community school board for
schools under the jurisdiction of the community school
district) no later than three months following the
identification of the school as a School Requiring Academic
Progress: Year 3 and shall be implemented no later than the
beginning of the next school year after the school year in
which the school was identified or immediately upon approval
of the board of education, if such approval occurs after the
first day of regular student attendance. Such corrective
action plan shall, to the extent consistent with State law,
include at least one of the actions set forth at section
1116(b)(7)(C)(iv)(I-VI) of the NCLB, 20 USC section
6316(b)(7)(C)(iv)(I-VI) (Public Law, section 107-110, section
1116(b)(7)(C)(iv)(I-VI), 115 STAT. 1484; 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)
A public school that is identified as a “School Requiring
Academic Progress: Year 3” 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
3” shall be designated in the next school year as a “School
Requiring Academic Progress: Year 4.” A restructuring plan in
the format 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 no later than June 30 of the school year in which a
school is designated as a “School Requiring Academic Progress:
Year 4.” Such restructuring plan shall require the school to
make fundamental reforms, such as significant changes in the
school’s staff, governance, or organization. A restructuring
plan may include a plan to close or phase out the school and
replace it with a new school.
(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.” 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 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 June 30 of the school year in which
such plan is required.
(vi)
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)
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)
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)
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 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 100.2(p) in
effect on that date, shall be deemed a “School Requiring
Academic Progress: Year 1” for the 2002-03 school year.
(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.
(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.
(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)
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)
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 criteria in
paragraph (14) in a subject area, or all indicators in
paragraph (15)(i) and (ii), or the indicator in paragraph
(15)(iii), for two consecutive years shall be designated as a
“district requiring academic progress.” A
district improvement plan in such format as may be prescribed
by the commissioner shall be developed by each district
requiring academic progress. Such district improvement
plan shall be formally approved by the board of education (in
New York City, both the New York City Board of Education and
the community school board for schools under the jurisdiction
of the community school district) no later than three months
following the identification of the district as requiring
academic progress and submitted to the commissioner for
approval. The plan shall be implemented no later than
beginning of the next school year after the school year in
which the school district was identified as requiring academic
progress. Such plan shall be developed in consultation
with parents, school, staff, and others. The plan shall
be revised annually and resubmitted to the commissioner for
approval no later than July 31 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 criterion in paragraph
(14) in a subject area shall be removed from such status if it
makes adequate yearly progress for two consecutive years on
any criterion in the subject area for which it is identified,
(b) a district identified as requiring academic progress for
failing to make adequate yearly progress on both indicators
set forth at paragraphs (15)(i) and (ii) shall be removed from
such status if it makes adequate yearly progress for two
consecutive years on either of such indicators, and (c) a
district identified as requiring academic progress for failing
to make adequate yearly progress on the indicator set forth at
paragraph (15)(iii) shall be removed from such status if it
makes adequate yearly progress for two consecutive years on
such indicator; provided that for a district requiring
academic progress that is removed from such status based on
2002-2003 and 2003-2004 results, such district shall have made
adequate yearly progress in 2002-2003 on each criterion or
indicator for which it was identified.
(iii)
A local educational agency (“LEA”) that received funds under
Title I for two consecutive years during which the LEA did not
make adequate yearly progress on all criteria in paragraph
(14) in a subject area, or all indicators in paragraph (15)(i)
and (ii), or the indicator in paragraph
(15)(iii), shall be identified for
improvement under section 1116(c) of the NCLB, 20 U.S.C.
section 6316(c) and shall be subject to the requirements
therein (Public Law, section 107-110, section 1116(c), 115
STAT. 1487-1491; Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402-9328; 2002; available at
the Office of Counsel, State Education Building, Room 148,
Albany, NY 12234).
(iv)
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
USC 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)
Commencing with 2003-2004 school year results, an LEA
identified for improvement or correction action that is
removed from status as a district requiring academic progress
pursuant to paragraph (7)(ii) of this section shall no longer be subject to the requirements of section
1116(c) of the NCLB, 20 USC section 6316(c) (Public Law,
section 107-110, section 1116(c), 115 STAT. 1487-1491;
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402-9328; 2002; available at the Office of
Counsel, State Education Building, Room 148, Albany, NY
12234). |
(8) 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
(vii) of paragraph (14) of this subdivision, and
(b)
the school or district has made adequate yearly progress
on all 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
(vii) of paragraph (14) of this subdivision, and
(b)
The school or district has improved its performance
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 criteria and indicators in paragraph (14) and
(15) of this subdivision for three consecutive years. |
(iii)
The commissioner may elect not to identify a school or
district as high performing or rapidly improving if the school
or district is held accountable for the performance of three
or fewer accountability groups on each applicable criterion. |
(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 (vii) of
paragraph (14) 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)
For each school identified as farthest from meeting the
benchmarks, the local school district shall be given the
opportunity to present to the commissioner additional
assessment data, which may include, but need not be limited
to, valid and reliable measures of: the performance of
students in grades other than those in which the State tests
are administered; the performance of limited English
proficient students and/or other students with special needs;
and the progress that specific grades have made or that
cohorts of students in the school have made towards meeting
minimum and/or higher student performance standards. For each
school identified as a poor learning environment, the district
shall be given the opportunity to present evidence to the
commissioner that the conditions in the school do not threaten
the health or safety or educational welfare of students and do
not adversely affect student performance. The district may
also provide relevant information concerning extraordinary,
temporary circumstances faced by the school that may have
affected the performance of students in the school on the
State tests.
(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 (vii) of paragraph (14) of this subdivision or
identified as poor learning environments are most in need of
improvement and shall be placed under registration review.
(iii)
For schools required to conduct a self-assessment pursuant to
subdivision (vii) of paragraph (5) of this subdivision, the
commissioner upon review of the self-assessment may make a
determination that the school is most in need of improvement
and place such school under registration review. |
(10)
Public school
registration review.
(i)
Upon placing the registration of a school under review, the
commissioner shall warn the board of education (in New York
City, the New York City Board of Education and any community
school board having jurisdiction over the school) that the
school has been identified for registration review, and that
the school is at risk of having its registration revoked. The
commissioner shall include in any warning issued pursuant to
this subparagraph an explicit delineation of the progress that
must be demonstrated in order for a school to be removed from
consideration for revocation of registration. Upon receipt of
such warning, the board of education (in New York City, the
New York City Board of Education) shall take appropriate
action to notify the general public of the issuance of such
warning. Such action shall include, but need not be limited
to, direct notification, within 30 days of receipt of the
commissioner's warning, in English and translated, when
appropriate, into the recipient's native language or mode of
communication, to persons in parental relation of children
attending the school that it has been placed under
registration review and is at risk of having its registration
revoked, and disclosure by the district at the next public
meeting of the local board of education of such warning. Each
school year during which a school remains under registration
review, by June 30th or at the time of a student's initial
application or admission to the school, whichever is earliest,
the board of education shall provide direct notification to
parents or other persons in parental relation to children
attending the school that the school remains under
registration review and is at risk of having its registration
revoked. Such notification shall include a summary of the
actions that the district and school are taking to improve
student results and an explanation of any district programs of
choice, magnet programs, transfer policies, or other options
that a parent or a person in parental relation may have to
place the child in a different public school within the
district. Such notification shall include the timelines and
process for parents exercising their rights to school choice.
Following the identification of a school for registration
review, the commissioner shall appoint a team to undertake a
resource, planning, and program audit of the district and the
school. The commissioner shall provide to the school district
a copy of the audit, which shall include, as appropriate,
recommendations for improving instruction; curriculum;
assessment; school management and leadership; qualifications
and professional development of school staff; parent and
community involvement; school discipline, safety, and
security; instructional supplies and materials; physical
facilities; and district support for the school improvement
efforts. Based upon the results of the audit, the
commissioner shall require that:
|
(a)
a correction action plan be developed by the
superintendent of the district (in New York City, the
Chancellor or his designee) in consultation with the
school staff, persons in parental relation of children
attending the school, and members of the community (and
in New York City, the community school district
superintendent and staff in the case of any school under
the jurisdiction of a community school board) to address
the findings of the audit;
(b)
such corrective action plan be 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) and submitted to the commissioner for review
and approval; and
(c)
such corrective action plan shall be:
|
(1)
in a format prescribed by the commissioner; and
(2)
developed in cooperation with department staff and
other persons assigned by the commissioner to
assist the district in the development of such
plan. |
(d)
any amendment or modification of a corrective action
plan by a school district, including a plan to close a
school under registration review and/or replace such
school with a new or redesigned school, shall require
the prior approval of the commissioner. |
(ii)
In accordance with the district’s plan for school-based
management and shared decisionmaking developed pursuant to
section 100.11 of this Part, the school shall develop a
comprehensive education plan or modify its existing
comprehensive education plan so that such plan shall be:
|
(a)
in a format prescribed by the commissioner;
(b)
coordinated with actions planned and taken as part of
the district’s corrective action plan;
(c)
developed in cooperation with department staff and other
persons assigned by the commissioner to assist the
school in the development of the education program; and
(d)
approved by the board of education of the school
district (in New York City, the community school board
for schools under its jurisdiction). |
(iii)
The corrective action plan and the comprehensive education
plan shall be submitted to the commissioner no later than July
31st of the school year next following the school year in
which the commissioner placed the school under registration
review and implemented not later than one month following the
commissioner's review. The corrective action plan and the
comprehensive education plan shall be revised annually and
resubmitted to the commissioner no later than July 31st of
each school year in which a school remains under registration
review.
(iv)
For schools under registration review that receive Title I
funds, the corrective action plan and comprehensive education
plan shall serve in lieu of a school improvement plan,
corrective action plan or restructuring plan, as applicable,
to the extent such plans comply with the requirements of
section 1116(b) of the NCLB, 20 USC 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).
(v)
The department shall periodically monitor the implementation
of the corrective action plan and the comprehensive education
plan. The commissioner may require a school district to
submit such reports and data as the commissioner deems
necessary to monitor the implementation of the corrective
action plan and the comprehensive education plan and to
determine the degree to which the school has achieved the
progress required by the commissioner. Such reports shall be
in a format and in accordance with such timeframe as are
prescribed by the commissioner. The commissioner may upon a
finding of good cause extend the deadline for submission of a
corrective action plan and a comprehensive education plan.
(vi)
Unless it is determined by the commissioner that a shorter
period of time shall be granted, a school placed under
registration review shall be given three full academic years
to show progress. If, after this period of time, the school
under registration review has not demonstrated progress as
delineated by the commissioner in the warning pursuant to
subparagraph (i) of this paragraph, the commissioner shall
recommend to the Board of Regents that the registration be
revoked and the school be declared an unsound educational
environment, except that the commissioner may upon a finding
of extenuating circumstances extend the period during which
the school must demonstrate progress. The board of education
of the school district which operates the school (in New York
City, both the New York City board of education and any
community school board having jurisdiction over the school)
shall be afforded notice of such recommendation and an
opportunity to be heard in accordance with subparagraph (vii)
of this paragraph. Upon approval of revocation of
registration by the Board of Regents, the commissioner will
develop a plan to ensure that the educational welfare of the
pupils of the school is protected. Such plan shall specify
the instructional program into which pupils who had attended
the school will be placed, how their participation in the
specified programs will be funded, and the measures that will
be taken to ensure that the selected placements appropriately
meet the educational needs of the pupils. The commissioner
shall require the board of education to implement such plan.
(vii)
Decisions to revoke the registration of a public school shall
be made in accordance with the following procedures:
(a) The commissioner
shall provide written notice of his recommendation and
the reasons therefor to the board of education, which
operates the school (in New York City, both the New York
City board of education and any community school board
having jurisdiction over the school). Such notice shall
also set forth:
(1)
the board of education’s right to submit a
response to the recommendation and request oral
argument pursuant to clause (b) of this
subparagraph;
(2)
the place, date and time the matter will be
reviewed and if requested, argument heard by a
three-member panel of the Board of Regents for
recommendation to the full Board of Regents; and
(3)
notification that failure to submit a response
will result in the commissioner’s recommendation
being submitted to the Board of Regents for
determination. |
(b)
Within 15 days of receiving notice of the recommendation
to revoke registration, the board of education may
submit a written response to the commissioner’s
recommendation. The response shall be in the form of a
written statement which presents the board of
education’s position, all evidence and information which
the board of education believes is pertinent to the
case, and legal argument. If the board of education
desires, it may include in its response a request for
oral argument. Such response must be filed with the
Office of Counsel, New York State Education Department,
State Education Building, Albany, NY 12234.
(c)
Within 30 days of the date of notice of the
commissioner’s recommendation, a panel comprised of
three members of the Board of Regents, appointed by the
chancellor, shall convene to consider the commissioner’s
recommendation, review any written response submitted by
the board of education and, if timely requested by the
board of education, hear oral argument. |
|
(11)
Removal of schools from registration review.
|
(i)
In the event that a school has demonstrated the progress
necessary to be removed from registration review, the
superintendent may petition the commissioner to remove the
school from registration review. If such petition is based
upon results on student assessments, such petition shall be
submitted to the commissioner no later than December 31st of
the calendar year in which such assessments were administered,
except that the commissioner may for good cause accept a
petition submitted after such date. A school shall not be
removed from registration review if, in the commissioner's
judgment, conditions that may contribute to a poor learning
environment, as identified in paragraph (9) of this
subdivision, remain present in the school.
(ii)
In the event that a board of education, pursuant to a
corrective action plan approved by the commissioner in
accordance with paragraph (10) of this subdivision, seeks to
redesign a school under registration review, the board of
education (in New York City, the City Board of Education)
shall submit a petition to the commissioner requesting that
the redesigned school be approved. The commissioner may
grant such petition, and the redesigned school may be approved
provided that:
|
(a)
official resolutions or other approvals to replace the
existing school with the redesigned school have been
adopted by the local 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);
(b)
a formal redesign plan has been approved by the district
superintendent (in New York City, the chancellor and
community school district superintendent working in
collaboration);
(c)
parents, teachers, administrators, and community members
have been provided an opportunity to participate in the
development of the redesign plan; and
(d)
upon examination of factors including, but not limited
to, the school mission, school climate, school
administration and staff, grade configurations and
groupings of students, zoning patterns, curricula and
instruction, professional development programs,
facilities, and parent and community involvement in
decision making, the commissioner determines that the
redesigned school constitutes a new and satisfactory
educational program. |
(iii)
At the time that a redesigned school is approved, the
commissioner shall explicitly delineate the student
performance results that the school must demonstrate to be
removed from registration review. If, after the designated
period of time, the school has not demonstrated such results
as delineated by the commissioner, the commissioner shall
recommend to the Board of Regents that the registration be
revoked pursuant to subparagraph (vi) of paragraph (10) of
this subdivision. |
(12)
Registered
nonpublic high school registration review.
(i)
The registration of a registered nonpublic high school shall
be placed under review under the following circumstances:
(a)
when the school scores below the registration review
criterion on one (or more) of the measures adopted by
the Board of Regents, and the student achievement on
such measures or other appropriate indicators has not
shown improvement over the preceding three school years,
as determined by the commissioner; or
(b)
when sufficient other reason exists, as determined by
the commissioner, to warrant a review of the school’s
registration. |
(ii)
On an ongoing basis consistent with clauses (i) (a) and (b) of
this paragraph, and after consultation with the appropriate
nonpublic school officials, the commissioner shall identify
the nonpublic high schools whose registration shall be placed
under review. When a nonpublic high school is identified for
registration review, the commissioner shall offer technical
assistance to the school in the development of a school
improvement plan. The commissioner shall require that:
|
(a)
the nonpublic school develop a school improvement plan
which will address the areas in which the school has
been determined to be in need of assistance;
(b)
the school improvement plan be submitted to the
department no later than June 30th of the school year in
which the commissioner required such a plan; and
(c)
the school improvement plan be implemented no later than
the first week of classes in the September next
following the close of the school year in which the plan
was approved by the commissioner. |
(iii)
If, after a time period established by the commissioner in
consultation with the appropriate nonpublic school officials,
the nonpublic high school under registration review has not
demonstrated progress on the registration criteria in
question, the commissioner shall formally notify the
appropriate nonpublic school officials that the school is at
risk of having its registration revoked. Upon receipt of such
warning, the nonpublic school officials shall notify the
parents of children attending the school under registration
review of the issuance of such warning.
(iv)
If, after a further time period established by the
commissioner in consultation with the appropriate nonpublic
school officials, the nonpublic high school under registration
review has not demonstrated progress as determined by the
commissioner, the commissioner shall recommend to the Board of
Regents that the registration be revoked. The governing body
and the chief administrative officer of the nonpublic school
shall be afforded notice of such recommendation and an
opportunity to be heard in accordance with the procedures set
forth in subparagraph (10)(viii) of this subdivision, except
that such procedure shall be afforded to the governing body
and chief administrative officer of the nonpublic school.
Upon approval of revocation of registration by the Board of
Regents, the commissioner in consultation with the appropriate
nonpublic school officials will develop a plan to ensure that
the educational welfare of the pupils of the school is
protected. |
(13) Nonpublic school accountability
performance criteria
|
(i)
The registration of a registered nonpublic school may be
placed under registration review when its students score below
the following criteria on the measures of student achievement
specified below: |
|
Pupil Evaluation
Program (PEP)Tests
Grade 3 Reading
Grade 3 Mathematics
Grade 6 Reading
Grade 6 Mathematics |
65 percent above statewide reference point
(SRP)
75 percent above statewide reference point (SRP)
65 percent above statewide reference point (SRP)
70 percent above statewide reference point (SRP) |
Preliminary competency testing requirements.
Grade 8 or 9
Grade 8 Reading
Grade 9 Reading |
85 percent above statewide reference point (SRP)
84 percent above statewide reference point (SRP) |
Regents competency testing
Requirements
Reading
Writing
Mathematics
Dropout Rate |
25 percent Failure rate
25 percent Failure rate
40 percent Failure rate
10 percent or higher |
(14)
Public
School, School District, and Charter School Accountability
Performance Criteria. Commencing with the 2002-03 school year, each
district and school accountability group, as defined in paragraph
(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 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 increasing annually in equal
increments so as to reach 200 in 2013-2014.
(iii)
Elementary level Mathematics. Annual measurable objectives,
based on a performance index, set at 136 in 2002-03 and
2003-04 and increasing annually in equal increments so as to
reach 200 in 2013-2014.
(iv)
Middle level Mathematics. Annual measurable objectives, based
on a performance index, set at 81 in 2002-03 and 2003-04 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)
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 United States (not including Puerto
Rico) for fewer than three consecutive years, districts and
charter schools may administer the NYSESLAT to such students
in lieu of the required State assessment in English language
arts. Districts or charter schools may, on an individual
basis, annually determine to administer the NYSESLAT in lieu
of the required assessment in English language arts to limited
English proficient students who have attended school in the
United States (not including Puerto Rico) for four or five
consecutive school years. No exemption is available beyond
the student’s fifth year and the student must take the
required fourth or eighth grade English language arts
assessment.
(vii)
For each criterion (subparagraphs (i) through (v) of this
paragraph), the commissioner
shall also establish a benchmark against which the performance
of the accountability group, “all students,” defined in
paragraph (1)(i) of this subdivision, will be measured. This
benchmark will be used in recognizing high-performing schools
and districts, determining which school districts are required
to develop local assistance plans as described in subdivision (m)(6) of this section and for identifying
those schools that are subject to registration review pursuant
to paragraph (9) of this subdivision. |
(15)
Additional public school, school district, and charter school
accountability indicators.
| (i)
Elementary science indicator: (a) an 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 2004-2005, 80 percent of students
enrolled on all days of the test administration, who did not
have a significant medical emergency, received valid scores.
(ii) Middle-level science indicator: (a) an index of
100 that may be incremented annually, as the commissioner
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