REGULATIONS OF THE COMMISSIONER OF EDUCATION

100.11 Participation of parents and teachers in school-based planning and shared decision making.

(a) Purpose. The purpose of school-based planning and shared decision making shall be to improve the educational performance of all students in the school, regardless of such factors as socioeconomic status, race, sex, language background, or disability.

(b) By February 1, 1994, each public school district board of education and each board of cooperative educational services (BOCES) shall develop and adopt a district plan for the participation by teachers and parents with administrators and school board members in school-based planning and shared decision making. Such district plan shall be developed in collaboration with a committee composed of the superintendent of schools, administrators selected by the district'’ administrative bargaining organization(s), teachers selected by the teachers’ collective bargaining organization(s), and parents (not employed by the district or a collective bargaining organization representing teachers or administrators in the district) selected by school-related parent organizations, provided that those portions of the district plan that provide for participation of teachers or administrators in school-based planning and shared decision making may be developed through collective negotiations between the board of education or BOCES and local collective bargaining organizations representing administrators and teachers. In the City School District of the City of New York, the superintendent of each community school district, of each district that reports directly to the Chancellor and of each high school superintendency shall develop such district plan in collaboration with a committee composed of administrators selected by the district's administrative bargaining organization(s), teachers selected by the teachers' collective bargaining organization(s), and parents (not employed by the district or a collective bargaining organization representing teachers or administrators in the district) selected by school-related parent organizations.  Members of community school boards may be members of such committees.  For the purpose of this subdivision, "school-related parent organization" means a nonprofit organization of parents of children attending the schools of the school district whose purposes include the promotion of parental involvement in public education and that is chartered or incorporated under the laws of New York, or is affiliated with a statewide or regional parent organization that is so chartered or incorporated, or is an unincorporated association authorized to do business under an assumed name in New York. In districts in which teachers or administrators are not represented by a collective bargaining organization or there are no school-related parent organizations, teachers, administrators and/or parents shall be selected by their peers in the manner prescribed by the board of education or BOCES to participate in the development of such district plan. In the City School District of the City of New York, the superintendent of each community school district, of each district that reports directly to the Chancellor and of each high school superintendency shall develop a plan in the manner prescribed by this subdivision, and each such plan shall be incorporated into a plan by the central board of education, which plan shall comply with this section.

(c) The plan for participation in school-based planning and shared decision making shall specify:

1. the educational issues which will be subject to cooperative planning and shared decision making at the building level by teachers, parents, administrators, and at the discretion of the board of education or BOCES, other parties such as students, school district support staff, and community members;
2. the manner and extent of the expected involvement of all parties;
3. the means and standards by which all parties shall evaluate improvement in student achievement;
4. the means by which all parties will be held accountable for the decisions which they share in making;
5. the process whereby disputes presented by the participating parties about the educational issues being decided upon will be resolved at the local level; and
6. the manner in which all State and Federal requirements for the involvement of parents in planning and decision making will be coordinated with and met by the overall plan.

(d)(1) The district’s plan shall be adopted by the board of education or BOCES at a public meeting after consultation with and full participation by the designated representatives of the administrators, teachers, and parents, and after seeking endorsement of the plan by such designated representatives.  In the City School District of the City of New York, each plan shall be approved by the superintendent pursuant to subdivision (b) of this section after consultation with and full participation by the designated representatives of the administrators, teachers and parents, and after consultation with the members of the board of education of the community school district, and after seeking endorsement of the plan by such designated representatives.  The plan shall be made available to the public. Each board of education or BOCES shall file such plan with the district superintendent or, in the case of city school districts having a population of 125,000 inhabitants or more or a BOCES, with the commissioner within 30 days of adoption.

(2) Each board of education or BOCES shall submit its district plan to the commissioner for approval within 30 days of adoption of the plan. The commissioner shall approve such district plan upon a finding that it complies with the requirements of this section and makes provision for effective participation of parents, teachers, and administrators in school-based planning and decision making.

(e)(1) In the event that the board of education or BOCES fails to provide for consultation with, and full participation of, all parties in the development of the plan as required by subdivisions (b) and (d) of this section, the aggrieved party or parties may commence an appeal to the commissioner pursuant to section 310 of the Education Law. Such an appeal may be instituted prior to final adoption of the district plan and shall be instituted no later than 30 days after final adoption of the district plan by the board of education or BOCES.

(2) Any aggrieved party who participated in the development of the district plan may also appeal to the commissioner pursuant to section 310 of the Education Law from action of the board of education or BOCES in adopting, amending, or recertifying the plan. The grounds for such an appeal may include, but shall not be limited to, noncompliance with any requirement of subdivision © of this section and failure to provide within the district plan for meaningful participation in school-based planning and shared decision making within the intent of this section.

(f) The district’s "Plan for the Participation by Teachers and Parents in School-based Planning and Shared Decision Making" shall be reviewed biennially by the board of education or BOCES in accordance with subdivision (b) of this section. Any amendment or recertification of a plan shall be developed and adopted in the manner prescribed by subdivision (b) and paragraphs (d)(1) and (2) of this section. The amended plan or recertification of the previous plan, together with a statement of the plan’s success in achieving its objectives, shall be filed with the district superintendent where applicable, and submitted to the commissioner for approval no later than February 1st of each year in which such biennial review takes place, commencing with February 1, 1996, except that in the City School District of the City of New York, the central board of education shall submit any biennial review required during the 1999-2000 school year by September 1, 2000.

(g) Notwithstanding the provisions of subdivisions (b) through (f) of this section, where a district has implemented a plan for participation in school-based planning and shared decision making as of February 1, 1994 through its excellence and accountability pilot district program, such district shall not be required to develop a new district plan pursuant to this section.

(h) A school district or BOCES which has developed or implemented a plan for participation of teachers and/or administrators in school-based decision making as the result of a collective bargaining agreement between the board of education or BOCES and local collective bargaining organizations representing teachers and/or administrators shall incorporate such negotiated plan as a part of the district plan required by this section. The board of education or BOCES shall develop the remainder of the district plan, including the portion relating to parental involvement, in the manner prescribed by subdivision (b) of this section.