SECTION 100.2
100.2 General school requirements.
(z) Department review of unregistered nonpublic schools.
(1) A nonpublic school, other than a registered high school, shall be placed under department review when the school scores below one (or more) of the review criteria on indicators of student achievement specified in paragraph (7) of subdivision (p) of this section, has not shown improvement on such indicators over the preceding three school years, and has not otherwise demonstrated satisfactory performance on other student achievement indicators determined by the commissioner in consultation with the appropriate nonpublic school officials. The department shall notify each nonpublic school placed under department review and inform such school of the student achievement data upon which the determination was made.
(2) When a nonpublic school is notified by the department that it has been placed under department review, it shall so notify the parents of students attending the school and provide them with the student achievement data upon which that determination was made.
(3) The school shall be required to develop a school improvement plan and submit it to the department. Upon identification of a nonpublic school for department review, the commissioner shall offer technical assistance to the school in the development of a school improvement plan.
(4) If, after a time period established by the commissioner in consultation with the appropriate nonpublic school officials, the school under department review has not demonstrated progress on the criteria in question, the commissioner shall formally notify the appropriate nonpublic school officials that the school is at risk of being determined to be an unsound educational environment.
(5) If, after a further time period established by the commissioner in consultation with appropriate nonpublic school officials, the school under department review has not demonstrated progress as determined by the commissioner, the commissioner shall determine that the school is an unsound educational environment. The commissioner, in consultation with the appropriate officials of the nonpublic school, shall develop a plan to ensure that the educational welfare of the students is protected.
(aa) Interpretation services for parents and persons in parental relationship who are hearing impaired.
(1) Definitions. For purposes of this subdivision:
(i) Hearing impaired shall include any hearing impairment, whether permanent or fluctuating, the result of which prevents a meaningful participation in school district meetings or activities.
(ii) Meeting or activity shall mean those school-initiated meetings or activities attended by parents or persons in parental relationship who are hearing impaired, which are specific to the academic and/or disciplinary aspects of their child's educational program, including, but not limited to, parent-teacher conferences; child study or building level team meetings; planning meetings with school counselors regarding educational progress and career planning; suspension hearings or any conference with school officials relating to disciplinary actions.
(2) School district meetings and activities. At any meeting or activity which is conducted by the board of education, trustees, school district or a district school and attended by parents or persons in parental relationship who are hearing impaired, such board of education or trustees shall provided interpreter services at no charge to such parents or persons in parental relationship, provided that a written request therefore is made to the school district within the time limitation established by such board of education or trustees pursuant to paragraph (3) of this subdivision.
(i) In the event interpreter services are requested, the school district shall appoint an interpreter of the deaf to interpret during the meeting or activity.
(ii) In the event that an interpreter of the deaf is unavailable, the school district shall make other reasonable accommodations which are satisfactory to the parents or guardians.
(3) Each board of education trustee shall adopt a policy which shall establish a reasonable time limitation for requesting interpreter services, examples of what constitutes reasonable accommodations pursuant to subparagraph (2)(ii) of this subdivision and how the provisions of this subdivision shall be implemented by such board of education or trustees.
(bb) Data
Reporting Requirements
Definitions. For purposes of this subdivision: (i) Expenditures for administration and improvement shall mean the sum
of expenditures from the general fund, special aid fund and risk retention
fund as reported in the annual financial report of the school district for
the following purposes: (b) supervision-regular school; (c) supervision-special schools; (d) research, planning and evaluation; (e) in-service training-instruction; and (f) employee benefits for administration and improvement
calculated by multiplying the ratio of total expenditures for
employee benefits to total expenditures for salaries by total
salaries related to administration and improvement for those
purposes listed in clauses (a)-(e) of this subparagraph. Such
ratio shall be expressed as a decimal carried to three decimal
places without rounding. (ii) Expenditures for instructional support shall mean the sum of
expenditures from the general fund, special aid fund and risk retention
fund as reported in the annual financial report of the school district for
the following purposes: (b) educational television; (c) computer assisted instruction; (d) attendance-regular school; (e) guidance-regular school; (f) health services-regular school; (g) psychological services-regular school; (h) social work services-regular school; (i) pupil personnel services-special schools; (j) co-curricular activities-regular school; (k) interscholastic athletics-regular school; and (l) employee benefits for instructional support expenses
calculated by multiplying the ratio of total expenditures for
employee benefits to total expenditures for salaries by total
saleries related to instructional support for those purposes
listed in clauses (a)-(k) of this subparagraph. Such ratio shall
be expressed as a decimal carried three decimal places without
rounding. (iii) Expenditures per pupil on regular education shall mean the sum of
all expenditures on regular education divided by a pupil measure based on
average daily membership and the number of students educated in other
districts for which the district pays tuition. The sum of regular
education expenditures shall include general fund, special aid fund and
risk retention expenses reported in the annual financial report of the
school district for the following purposes: (b) occupational education (excluding tuition for Special Act
school districts); (c) teaching-special schools (defined as summer school and
continuing education [excluding tuition for Special Act school
districts]); (d) employee benefits for regular education calculated by
multiplying the ratio of total expenditures for employee benefits
to total expenditures for salaries, by total salaries related to
regular education for those purposes listed in clauses (a), (b)
and (c) of this subparagraph. Such ratio shall be expressed as a
decimal carried to three decimal places without rounding. (e) the portion of administration and improvement expenses, as
defined in subparagraph (i) of this paragraph, attributable to
regular education, as determined by multiplying total expenditures
for administration and improvement by the ratio of regular
education expenditures for those purposes listed in clauses (a),
(b), (c), and (d) of this subparagraph to the sum of such regular
education expenditures and special education expenditures for
those purposes listed in clauses (iv) (a)-(e) of this paragraph.
Such ratio shall be expressed as a decimal carried to three
decimal places without rounding; and (f) the portion of instructional support expenses, as defined
in subparagraph (ii) of this paragraph, attributable to regular
education, as determined by multiplying total expenditures for
instructional support by the ratio of regular education
expenditures of those purposes listed in clauses (a), (b), (c),
and (d) of this subparagraph to the sum of such regular education
expenditures and special education expenditures for those purposes
listed in clauses (iv)(a)-(e) of this paragraph. Such ratio shall
be expressed as a decimal carried to three decimal places without
rounding. (iv) Expenditures per pupil on special education shall mean the sum of
expenditures on special education divided by a pupil measure based on the
number of special education resident and nonresident pupils in district
operated programs, BOCES programs, children attending other districts,
Rome or Batavia and approved private school programs. The sum of
expenditures for special education shall include general fund, special aid
fund and risk retention fund expenses reported in the annual financial
report of the school district for the following purposes: (b) program for students with disabilities-school age-school
year—all other; (c) program for students with disabilities-school
age-July/August; (d) tuition paid to Special Act school districts; (e) employee benefits for special education calculated by
multiplying the ratio of total expenditures for employee benefits
to total expenditures for salaries, by total salaries related to
special education for those purposes listed in clauses (a)-(d) of
this subparagraph. Such ratio shall be expressed as a decimal
carried to three places without rounding; (f) the portion of administrative and improvement expenses, as
defined in subparagraph (i) of this paragraph, attributable to
special education as determined by multiplying total expenditures
for administration and improvement by the ratio of special
education expenditures for those purposes listed in clauses (a)–(e)
of this subparagraph to the sum of such special education
expenditures and regular education expenditures for those purposes
listed in clauses (iii)(a)-(d) of this paragraph. Such ratio shall
be expressed as a decimal carried to three places without
rounding; and (g) the portion of instructional support expenses as defined in
subparagraph (ii) of this paragraph attributable to special
education as determined by multiplying total expenditures for
instructional support by the ratio of special education
expenditures for those purposes listed in clauses (a)-(e) of this
subparagraph to the sum of such special education expenditures and
regular education expenditures for those purposes listed in
clauses (iii)(a)-(d) of this paragraph. (2) Each public school district shall submit, at a time and in a format
specified by the commissioner, electronic records for each student who was
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 and who meets one or more of the criteria listed in
subparagraphs (ii), (iii), or (iv) of this paragraph. (i) The student records shall contain such information, including
student demographic data, services provided, performance on State
assessments, credentials awarded, and documentation of transfers and
dropouts for secondary level students, as the commissioner may require. (ii) The annual file for elementary- and middle-level students shall
contain records for the following students who were enrolled at any time
from July 1 through June 30 of the school year for which data are
reported: (b) each ungraded student of equivalent age, as prescribed by
the commissioner; and (c) each limited English proficient student in kindergarten
through grade 8. (iii) The annual file for secondary-level students shall contain a
record for each student enrolled any time from July 1 through June 30 of
the school year for which data are reported who meets one of the following
criteria: (b) each ungraded student of equivalent age, as prescribed by
the commissioner; and (c) each student below grade 9 who dropped out of school, as
prescribed by the commissioner, or who was administered one of the
following assessments: a Regents examination, Regents competency
test, second language proficiency test, or introduction to
occupations examination. (iv) The annual file for secondary-level students shall contain a
record for each student who has been reported as a dropout or a transfer
to a high school equivalency preparation program in a previous school
year. These students must be reported on each annual file through the
fifth school year after the student first entered grade 9 or until the
district or school has documentation that the student has entered another
school program leading to a high school diploma. (v) Identification of race/ethnicity. Each student record submitted for
the 2002-03 and 2003-04 school years must indicate to which of the
following racial/ethnic groups the student belongs: American Indian or
Alaskan Native, Black (not Hispanic origin), Asian or Pacific Islander,
Hispanic, or White (not Hispanic origin). Beginning with the 2004-05
school year, each student record must contain information in the format
required by the commissioner and indicating whether the student is
Hispanic and indicating to which of the following racial groups the
student belongs: White, Black or African American, Asian, American Indian
or Alaskan Native, Native Hawaiian or Other Pacific Islander. (vi) Before submitting each file, the superintendent of schools shall
certify that the file being submitted is complete and accurate and that
the principal of each school has had the opportunity to review the summary
report for his or her school, based on the file and generated using
Department-approved software. (vii) The district files on record in the Department on the dates
specified by the commissioner shall be used for all public reporting,
including that pursuant to subdivision (m) of this section and for
determining school/district accountability pursuant to subdivision (p). (viii) The student record files shall include any additional
information that the commissioner may deem necessary. (3) Each school district shall submit the following data at a time and
in a format prescribed by the commissioner: (i) Student enrollment, by grade, gender, and race/ethnicity for each
school; (ii) Number of students identified as limited English proficient for
each school; (iii) Number of students identified as eligible for free- and
reduced-price lunches for each school; (iv) Professional qualifications of each teacher for each school; (v) Classes taught by each teacher for each school; (vi) Violent and disruptive incidents for each school; (vii) Student attendance for each school; (viii) Student out-of-school suspensions for each school; (ix) Data on technological and media resources for each school; (x) Data required by the commissioner to calculate expenditures per
pupil on regular education; (xi) Data required by commissioner to calculate expenditures per pupil
on special education; (xii) Number of students in special education by placement, including
both private and public school placements; and (xiii) Such further data as may be required by the commissioner. (4) Each school district seeking funding pursuant to Title I, part A of
the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C.
sections 6301-6327 shall, no later than August 1 of each school year,
submit to the commissioner a list of all schools supported by such funds
in the current school year. Such data submitted in the format prescribed
by the Commissioner shall be used to determine school district
accountability pursuant to subdivision (p) of this section.
(a) curriculum
development and supervision;
(a) school
library and audiovisual;
(a)
teaching-regular school (excluding tuition for Special Act school
districts);
(a) program for
students with disabilities-school age-school year-Medicaid
eligible;
(a) each student
in a grade in which the administration of a State assessment was
required;
(a) each student
in grades 9 through 12;
(cc) Boards of Cooperative Educational Services (BOCES) report cards. BOCES reporting requirements. Each year, beginning with the 1997-98 school year, each BOCES shall prepare a BOCES report card and shall make it available by appending it to copies of the proposed administrative budget made publicly available as required by law, making it available for distribution at the annual meeting, transmitting it to local newspapers of general circulation and making it available to parents. Such BOCES report card shall include:
(1) Measures of the academic performance of the BOCES educational services. Each year, the BOCES report card shall include, on a school-by-school or program-by-program basis, the academic performance indicators applicable for BOCES service. Such academic performance indicators shall include a program evaluation based on academic performance for services provided by BOCES centers to component school districts. The program evaluation shall include:
(i) measures of program participation, completion and placement, as applicable, in areas including, but not limited to, occupational education, special education, alternative education, and adult education and continuing education;
(ii) the aggregated performance of students of component school districts on State performance evaluation tests in reading, mathematics, science and vocational courses, and Regents examinations in English, mathematics, science and social studies;
(iii) the percentage of students in the BOCES region who graduate with Regents and other diplomas; and
(iv) the comparison of such measures of academic performance to statewide averages for all boards of cooperative educational services.
(2) Measures of the fiscal performance of the supervisory district. Each year, the BOCES report card shall include the expenditures per pupil required in the annual report by the Regents to the Governor and the Legislature, pursuant to Education Law, section 215-a, including a summary of BOCES expenditures for administration, program and capital. The BOCES report card shall compare such measures of the fiscal performance to statewide averages for all boards of cooperative educational services.
(3) Other measures that support the achievement of higher standards, such as curriculum and staff development activities. The BOCES report card shall compare such measures to statewide averages for all BOCES.
(4) Violent or disruptive incident report. Commencing with the 2002-2003 school year, the BOCES report card shall include a summary of the BOCES' annual violent or disruptive incident report in a format containing such information as the Commissioner shall prescribe.
Instruction in certain subjects
-Patriotism & citizenship
-Federal & State constitutions
-Alcohol, drugs & tobacco abuse
-Highway safety & traffic
-Fire drills, fire & arson prevention
-New York State history & civics
-Flag & certain legal holidays
-Humane treatment of animals
-Conservation of the natural resources of State
Language other than English requirements
Availability of Regents diploma and courses
Use of Alternative assessments
Alternative testing procedures
Availability of career & technical education & arts sequences
Teaching staff in public schools
Nondiscrimination in curricular & extracurricular activities
School conduct & discipline
-School district written policy
-Student bill of rights and responsibilities
Student
Suspension
(parental notice)
Variances for programs & special focus schools
Annual professional performance review
Public school registration review
Registered nonpublic high school registration review
School accountability performance criteria
High school equivalency program review
High school program offerings (availability)
Availability of speech & language improvement services
Declassification support services
Educationally related support services
Education of homeless children
Determination of student residency
Department review of unregistered nonpublic schools
Interpretation services for parents and persons in parental relationship who are hearing impaired
Data
Reporting Requirements
Violent or disruptive incident report
Academic intervention services
Enrollment of youth released from residential facilities
Uniform
Violent Incident Reporting System
Definitions
Submission of Report
Content of Report
Reporting of Child
Abuse in an Educational Setting
-Written Statement of Parental Rights
-Training in Reporting of Child Abuse in an Educational Setting