(a)
Applicability.
Notwithstanding the provisions of section
100.2(p)(1) through
(11) and (14) through (16) of this Part, this
section shall apply to school districts and charter schools in lieu of such
provisions during the period of the Elementary and Secondary Education Act
(ESEA) waiver, and any revisions and extensions thereof, except as otherwise
provided in this section for all accountability designations made prior to July
1, 2018 and to the corresponding interventions for such schools and/or school
districts for the 2018-2019 school year, except as otherwise provided in
section
100.21
of this Part. If a provision of section
100.2(p)
of this Part conflicts with this section, the provisions of this section shall
prevail and the provision of section
100.2(p)
of this Part shall not apply.
(b)
Definitions.
As used in this section:
(1)
ESEA means the
Elementary and Secondary Education Act of 1965, as amended,
20 U.S.C. section
6301
et seq.
(2)
Elementary and Secondary
Education Act (ESEA) waiver shall mean waivers from specified
provisions of the Elementary and Secondary Education Act of 1965, as amended,
that have been granted for a specified time period to New York State on May 29,
2012 by the Secretary of the U.S. Department of Education pursuant to section
9401 of the ESEA for purposes of ESEA flexibility, and any revisions to and/or
extensions of such waivers.
(3)
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.
(4)
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 (j)(2) of this section 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 defined in section
200.1 of this Title,
including, beginning with the 2009-2010 school year, students no longer
identified as students with disabilities but who had been so identified during
the preceding one or two school years; 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, 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.
(5)
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.
(6)
Special act school district shall mean a school district as
defined in subdivision 8 of section
4001 of
the Education Law.
(7)
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 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.
(8)
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.
(9)
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 (j)(2) of this section.
(10)
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.
(11) 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 grades, as set forth in paragraph
(14) of this subdivision. 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.
(12) 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 (14) of this subdivision.
(13)
Performance criteria
shall mean the performance criteria set forth in subdivision (j) of this
section.
(14)
Performance
levels shall mean:
(i) for elementary
and middle grades for accountability determinations regarding priority schools,
focus schools, focus districts and local assistance plans made up to and
including 2013-2014 school year assessment results:
(a) level 1 (well below proficient):
(1) not on track to be proficient: a score of
level 1 on State assessments in English language arts and mathematics provided
that using the student's three-year percentile growth targets as established by
the commissioner, the student's growth percentile does not meet or exceed his
or her growth percentile target; or the student does not have a growth
percentile target; or a score of level 1 on a State alternate assessment; or a
score of 64 or less, or a comparable score as approved by the Board of Regents,
on a Regents examination in mathematics for a student in grade 7 or grade
8;
(2) on track to be proficient: a
score of level 1 on State assessments in English language arts and mathematics,
provided that using the student's three-year percentile growth targets as
established by the commissioner, the student's growth percentile meets or
exceeds his or her growth percentile target;
(3) for science: a score of level 1 on State
assessments in science or other State assessments, or a score of level 1 on a
State alternate assessment;
(b) level 2 (below proficient):
(1) not on track to be proficient: a score of
level 2 on State assessments in English language arts and mathematics provided
that using the student's three-year percentile growth targets as established by
the commissioner, the student's growth percentile does not meet or exceed his
or her growth percentile target; or the student does not have a growth
percentile target; or a score of level 2 on a State alternate
assessment;
(2) on track to be
proficient: a score of level 2 on State assessments in English language arts
and mathematics, provided that using the student's three-year percentile growth
targets as established by the commissioner, the student's growth percentile
meets or exceeds his or her growth percentile target;
(3) for science: a score of level 2 on State
assessments in science or other State assessments, or a score of level 2 on a
State alternate assessment;
(c) level 3 (proficient):
(1) 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;
(2) a
score of 65 or higher, or a comparable score as approved by the Board of
Regents, on a Regents examination in science or mathematics for students in
grade 7 or 8 pursuant to section
100.4(d)
of this Part;
(d) level
4 (excels in standards): a score of level 4 on State assessments in English
language arts, mathematics and science or a score of level 4 on a State
alternate assessment;
(ii) for elementary and middle grades
commencing with the 2014-2015 school year assessment results.
(a) level 1 - well below proficient:
(1) 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;
(b) level 2 - below proficient:
(1) 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;
(c) level 3 - proficient:
(1) 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;
(2) a
score of 65 or higher, or a comparable score as approved by the Board of
Regents, on a Regents examination in science or mathematics for students in
grade 7 or 8 pursuant to section
100.4(d)
of this Part;
(d) level
4 - excels in standards:
(1) a score of level
4 on State assessments in English language arts, mathematics and science or a
score of level 4 on a State alternate assessment.
(iii) for high school using
Regents examinations based on 2005 learning standards or using a State
alternate assessment:
(a) level 1 (well below
proficient):
(1) a score of 64 or less on the
Regents comprehensive examination in English or a Regents mathematics
examination;
(2) a failing score on
a State-approved alternative examination for those Regents
examinations;
(3) a score of level
1 on a State alternate assessment;
(4) a cohort member who has not been tested
on the Regents comprehensive examination in English or a Regents mathematics
examination or State-approved alternative examination for these Regents
examinations;
(b) level
2 (below proficient):
(1) a score between 65
and 74 on the Regents comprehensive examination in English or between 65 and 79
on a Regents examination in mathematics;
(2) a score of level 2 on a State alternate
assessment;
(c) level 3
(proficient):
(1) a score between 75 and 89
on the Regents comprehensive examination in English or between 80 and 89 on a
Regents examination in mathematics; or a passing score on a State-approved
alternative to those Regents examinations;
(2) a score of level 3 on a State alternate
assessment;
(d) level 4
(excels in standards):
(1) a score of 90 or
higher on the Regents comprehensive examination in English or a Regents
mathematics examination;
(2) a
score of level 4 on a State alternate assessment.
(iv) for high school using Regents
examinations measuring the Common Core Learning Standards:
(a) level 1 (does not demonstrate knowledge
and skills for Level 2):
(1) a score of level
1 on the Regents examination in English language arts or a Regents mathematics
examination;
(2) a failing score on
a State-approved alternative examination for those Regents
examinations;
(3) a cohort member
who has not been tested on the Regents examination in English language arts or
a Regents mathematics examination or State-approved alternative examination for
these Regents examinations;
(b) level 2 (partially meets Common Core
expectations,
i.e., Local Diploma level):
(1) a score of level 2 on the Regents
examination in English language arts or a Regents examination in
mathematics;
(c) level 3
(partially meets Common Core expectations,
i.e., Regents
diploma level):
(1) a score of level 3 on the
Regents examination in English language arts or a Regents Examination in
mathematics;
(d) level 4
(meets Common Core expectations):
(1) a score
of Level 4 on the Regents examination in English language arts or a Regents
examination in mathematics;
(2) a
passing score on a State-approved alternative examination for those Regents
examinations.
(e) level
5 (exceeds Common Core expectations):
(1) a
score of level 5 on the Regents examination in English language arts or a
Regents examination in mathematics;
(v) Notwithstanding the provisions of this
section:
(a) For students who attend grade 7
or 8 and take a Regents examination in mathematics in the 2013-2014 through the
2018-2019 school years, but do not take the grade 7 or 8 mathematics
assessment, participation and accountability determinations for the school in
which the student attends grade 7 or 8 shall be based upon such student's
performance on the Regents examination in mathematics. Participation and
accountability determinations for the high school in which such student later
enrolls shall be based upon such student's performance on mathematics
assessments taken after the student first enters grade 9. For such students, a
score of 65 or above, or a comparable score as approved by the Board of
Regents, on a Regents examination in mathematics taken in grade 9 or thereafter
will be credited as level 3 for purposes of calculating the high school
performance index.
(b) For students
who attend grade 7 or 8 and who take both the grade 7 or 8 mathematics
assessment and a Regents examination in mathematics during the 2013-2014
through the 2018-2019 school years, participation and accountability
determinations for the school such students attend in grade 7 or 8 shall be
based upon the student's performance on the grade 7 or 8 mathematics
assessment.
(c) Science assessments
in grades 7 and 8.
(1) For students who, while
attending grade 8, take a Regents examination in science but do not take the
grade 8 science intermediate assessment, participation and accountability
determinations for the school in which such student attends grade 8 shall be
based upon such student's performance on the Regents examination in
science.
(2) For students who,
while attending grade 8, take both the grade 8 science intermediate assessment
and a Regents examination in science, participation and accountability
determinations for the school in which such student attends grade 8 shall be
based upon such student's performance on the grade 8 science intermediate
assessment.
(3) For students who
have taken the grade 8 science intermediate assessment when they attended grade
7 and who take a Regents examination in science while attending grade 8,
participation and accountability determinations for the school in which such
student attends grade 8 shall be based upon such student's performance on the
Regents examination in science.
(4)
For students who have taken the grade 8 science intermediate assessment when
they attended grade 7 and who do not take a Regents examination in science
while attending grade 8, participation and accountability determinations for
the school in which the student attends grade 8 shall be based upon the
student's performance on the grade 8 science intermediate assessment taken in
grade 7.
(15) Performance index shall be calculated
based on the student performance levels as follows:
(i) For elementary and middle grades for
accountability determinations regarding priority schools, focus schools, focus
districts and local assistance plan schools made up to and including 2013-2014
school year results, each student scoring at level 1 who is not on track to be
proficient will be credited with 0 points, each student scoring at level 2 who
is not on track to be proficient with 100 points, and each student scoring at
level 1 or 2 who is on track to be proficient or 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.
(ii) Commencing with the
2014-2015 school year assessments, for elementary and middle grades, 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 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.
(iii) For high school using
Regents examinations based on 2005 learning standards 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 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.
(iv) For high school using Regents
examinations measuring the Common Core Learning Standards, each student scoring
at level 1 and Level 2 will be credited with 0 points, each student scoring at
level 3 with 100 points, and each student scoring at level 4 or 5 with 200
points. For high school using the State alternate assessment commencing with
the 2013-14 school year, 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 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.
(16)
Student growth means
the change in student achievement for an individual student between two or more
points in time.
(17)
Student growth percentile means the result of a statistical
model that calculates each student's change in achievement between two or more
points in time on a State assessment and compares each student's performance to
that of similarly achieving students.
(18)
Median student growth
percentile means the result of rank-ordering the student growth
percentile results for an accountability group at the school, district, or
State level.
(19) The
student growth percentile target means the rate of annual
growth necessary in English language arts and mathematics for a student to meet
proficiency standards in three years, or by 8th grade, whichever is
earlier.
(20) A transfer
high school means a high school in which the majority of students upon
their first enrollment in the high school had previously attended grade nine or
higher in another high school or a school in which more than 50 percent of
currently enrolled students are English language learners who were born outside
of the United States and have attended school in the United States for less
than three years.
(21)
School improvement grant means a grant awarded by the U.S.
Department of Education to the New York State Education Department, as a State
Education Agency (SEA), pursuant to section 1003(g) of the Elementary and
Secondary Education Act of 1965, as amended, and awarded by the department to a
local education agency (LEA) as a subgrant.
(22) A
whole school reform
model means the turnaround model, restart model, transformation model
or closure model as set forth in section
100.2(p)(10)(iv)
of this Part; an innovation framework model as set forth in paragraph (26) of
this subdivision; an evidence based model as set forth in paragraph (27) of
this subdivision or an early learning intervention model as set forth in
paragraph (28) of this subdivision or a plan that provides for the redesign of
a school by implementation of all of the following turnaround elements:
(i) Providing strong leadership by:
(a) reviewing the performance of the current
principal;
(b) either replacing the
principal if such a change is necessary to ensure strong and effective
leadership, or demonstrating to the commissioner that the current principal has
a track record in improving achievement and has the ability to lead the
turnaround effort; and
(c)
providing the principal with operational flexibility in the areas of
scheduling, staff, curricula, and budget.
(ii) Ensuring that teachers are able to
improve instruction by:
(a) reviewing the
quality of all staff and retaining only those who have the ability to be
successful in the turnaround effort;
(b) preventing ineffective teachers from
transferring to these schools; and
(c) providing job-embedded, ongoing
professional development informed by the teacher evaluation and support systems
and tied to teacher and student needs.
(iii) Redesigning the school day, week, or
year to include additional time for student learning and teacher collaboration,
provided that such redesigning shall be consistent with any applicable
collective bargaining agreement.
(iv) Strengthening the school's instructional
program based on student needs and ensuring that the instructional program is
research-based, rigorous, and aligned with common core learning
standards.
(v) Using data to inform
instruction and for continual improvement, including the provision of time for
collaboration on the use of data.
(vi) Establishing a school environment that
improves school safety and discipline and addressing other non-academic factors
that have an impact on student achievement, such as students' social,
emotional, and health needs.
(vii)
Providing ongoing mechanisms for family and community engagement.
(23)
Integrated
intervention team means a school quality review team or joint
intervention team appointed by the commissioner, that may include a
distinguished educator appointed by the commissioner, to conduct a diagnostic
review of a priority or focus school or focus district or a school under
registration review.
(24)
Re-identified focus school shall mean a school that had been
identified as a focus school or a priority school for the 2012-2013, 2013-2014,
2014-2015 school years and was identified as a focus school on the list of such
schools promulgated by the commissioner during the 2015-2016 school
year.
(25)
Re-identified
priority school shall mean a school that had been identified as a
priority school for the 2012-2013 and 2014-2015 school years and was identified
as a priority school on the list of such schools promulgated by the
commissioner during the 2015-2016 school year.
(26) An innovation framework
model shall mean a model in which the district replaces the principal
at the identified school and selects one of three New York State Education
Department design frameworks - college pathways school design,
community-oriented school design, or career and technical education school
design - and partners specifically with an Educational Partnership Organization
(EPO), in accordance with Education Law section 211-e, to jointly launch a
whole-school redesign.
(27) An
evidence-based model shall mean a model in which the district
replaces the principal at the identified school and implements an
evidence-based whole-school reform strategy selected from a United States
Department of Education (USDE) list of approved strategies.
(28) An early learning intervention
model shall mean a model in which the district replaces the principal
at the identified school and offers full-day kindergarten, establishes or
expands a high-quality preschool program, and implements an approved annual
professional performance review plan that serves as a rigorous evaluation and
support system.
(29) Struggling
school, persistently struggling school, school district receiver, school
intervention plan, school receiver, and consultation and collaboration shall be
as defined in section
100.19(a)
of this Part.
(c)
Procedure for registration of public schools.
(1) A school district that seeks to register
a public elementary, intermediate, middle, junior high school or high school
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 March 1st 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.
(2) The commissioner shall
review the petition and shall recommend its approval to the Board of Regents if
it is satisfactorily demonstrated that the school 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 school district reorganization, except where it can be established to the
satisfaction of the commissioner that such school is essential to the
educational welfare of the students.
(3) Where a school registered pursuant to
this paragraph is in a focus district, 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.
(4) 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 school
district shall inform the commissioner, in a form prescribed by the
commissioner and containing such information as the commissioner may require,
no later than March 1st 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. As a result of such changes, the
commissioner may adjust the accountability status of the affected schools to
reflect such organizational changes.
(d) 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. In the event that a
school district closes a registered school, the school district shall inform
the commissioner, in a form prescribed by the commissioner and containing such
information as the commissioner may require, no later than March 1st for
schools that will not enroll students in September of the next successive
school year, except that the commissioner may waive this timeline for good
cause.
(e)
System of
accountability for student success.
Each year, commencing with the 2011-2012 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
performance criterion specified in subdivision (j) of this section, the
commissioner shall determine whether each accountability group within a public
school, charter school and school district has achieved adequate yearly
progress as set forth in subdivision (f) of this section.
(f)
Adequate yearly progress.
(1) An accountability group within a public
school, charter school or school district shall be deemed to have made adequate
yearly progress if the accountability group achieved the performance criterion
set forth in subdivision (j) of this section.
(2) For an accountability group within public
schools, charter schools or school districts with fewer than 30 students
subject to a performance criterion set forth in subdivision (j) of this
section, 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. Commencing with 2014-15 school year
results, notwithstanding the provision of this paragraph, a public school,
charter school or school district will not be held accountable for an
accountability group that consists of fewer than 30 students on performance
criterion set forth in subdivision (j) of this section if the "all students"
accountability group for that performance criterion includes at least 30
students for that school year and the accountability group with fewer than 30
students did not fail to meet participation rate requirements pursuant to
subparagraph (4)(ii) of this subdivision.
(3) For purposes of determining adequate
yearly progress, only the performance of continuously enrolled students in
grades 3-8 shall be included for consideration.
(4) An accountability group shall be deemed
to have made adequate yearly progress on a performance criterion specified in
paragraph (j)(1) of this section if:
(i) 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)
of this Part or section
119.3(b)
of this Title in the timeframe and format specified by the commissioner;
and
(ii) for accountability groups
consisting of 40 or more students, either:
(a)
the participation rate for the current year equals or exceeds 95 percent;
or
(b) the weighted average of the
current year and prior year participation rates equals or exceeds 95
percent;
(iii) for
accountability groups consisting of 30 or more students:
(a) 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
(b) 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.
(5) An accountability group within
a public school, charter school or school district shall be deemed to have made
adequate yearly progress on a performance criterion specified in paragraphs
(j)(2) and (3) of this section if:
(i) 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)
of this Part or section
119.3(b)
of this Title in the timeframe and format specified by the commissioner;
and
(ii) 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; and
(iii) the
accountability group within the school or school district, or charter school at
the applicable grade levels met or exceeded the performance criteria;
or
(iv) the high school cohort met
or exceeded the performance criteria.
(6) For each school year, public schools,
school districts, and charter schools in which no students or, pursuant to
paragraph (2) of this subdivision fewer than 30 students, participate in the
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 paragraph (7)
of this subdivision. 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 accountability
group within 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 accountability group
within the school or school district made adequate yearly progress.
(7) The accountability status of public
schools, school districts, and charter schools serving grades 1 and/or 2, but
not grade 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 3 students from feeder schools by
contract, the grade 3 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 3 make adequate yearly progress for the accountability groups, in
a given year, all feeder schools served by the school 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 for one or
more accountability groups on a performance criterion set forth in subdivision
(j) of this section, the commissioner will aggregate the school district's
grade 3 results on that criterion by feeder school and determine whether each
feeder school made adequate yearly progress on that criterion.
(8) A registered school that has no
continuously enrolled students because all students are students with
disabilities who attend the school and who have been placed outside of their
district of residence (in New York City, outside of their community school
district of residence) for educational services by the district committee on
special education or a school district official shall participate in a
self-assessment based on the students who are enrolled in the school.
(9) Effective with 2013-2014 school year
results and continuing with the results for each school year thereafter, the
"all students" accountability group for a public school, charter school or
school district shall be deemed to have made adequate yearly progress on a
performance criterion specified in paragraphs (j)(1) and (2) of this section if
all the accountability groups, except the "all students" group, for which a
public school, charter school or school district is accountable on that
performance criterion made adequate yearly progress. Effective with 2014-2015
school year results and continuing with the results for each school year
thereafter, the "all students" accountability group for a public school,
charter school or school district shall be deemed to have made adequate yearly
progress on a performance criterion specified in paragraph (j)(3) of this
section if all the accountability groups, except the "all students" group, for
which a public school, charter school or school district is accountable on that
performance criterion made adequate yearly progress.
(g)
Differentiated accountability for
schools and districts.
Prior to the commencement of the 2012-2013 school year, the
commissioner, based on the 2010-2011 school year results, shall designate focus
districts, priority schools and focus charter schools. Prior to the
commencement of the 2013-2014 school year, based on the 2011-2012 school year
results, and each year thereafter up through and including 2016-2017 school
year, based on the subsequent school year results, the commissioner shall
designate public schools requiring a local assistance plan.
(1) Preliminary identification of priority
schools prior to the commencement of the 2015-2016 school year.
(i) The commissioner shall preliminarily
designate a school as priority if:
(a) the
school implemented a transformation, turnaround or restart model in the
2011-2012 school year pursuant to a school improvement grant pursuant to
section
100.2(p)(10)(iv)
(
a) of this Part; or
(b) the school is a high school that has a
four year cohort graduation rate for the "all students" group that is less than
60 percent for the 2004, 2005 and 2006 high school graduation cohorts;
or
(c) the school is an elementary
or middle school that:
(1) had a combined
performance index of 111 or below in English language arts and mathematics for
the all students group in 2010-2011; and
(2) made a 10 point gain or less in its
2010-2011 combined performance index for the all students group compared to its
2009-2010 combined performance index; and
(3) was identified as in improvement,
corrective action, or restructuring during the 2011-2012 school year;
and
(4) had a combined median
student growth percentile in English language arts and math for the 2009-2010
and 2010-2011 school years combined for the all students group of 50 percent or
below; and
(5) had less than 50
percent of the accountability groups in the school have 2010-2011 median
student growth percentiles that exceeded the statewide median student growth
percentile for that accountability group; or
(d) the school is a high school that:
(1) had a combined performance index of 106
or below in English language arts and mathematics for the all students group;
and
(2) was identified as in
improvement, corrective action, or restructuring during 2011-2012 school year;
and
(3) made a four point gain or
less in its 2010-2011 combined English language arts and mathematics
performance index for the all students group compared to its 2009-2010
performance index.
(ii) The commissioner shall not preliminarily
identify a school in a special act school district as a priority school unless
the school meets the conditions specified in this subdivision and also has been
identified by the commissioner as a school under registration review because of
a poor learning environment, pursuant to paragraph (k)(2) of this
section.
(2) Preliminary
identification of priority schools based upon 2014-2015 school year results:
(i) the commissioner shall preliminarily
designate a school as priority if:
(a) the
school is a high school that has a four year cohort graduation rate for the
"all students" group that is less than 60 percent for the 2008, 2009 and 2010
four year high school graduation cohorts; or
(b) the school is an elementary or middle
school that:
(1) had a 2014-2015 combined
English language arts and mathematics performance index at or below the cut
point established by the commissioner for the "all students" group;
and
(2) did not make the required
progress as established by the commissioner in its 2014-2015 combined English
language arts and mathematics performance index for the "all students" group
compared to its 2013-2014 combined performance index; and
(3) had a combined mean student growth
percentile in English language arts and mathematics for the 2013-2014 and
2014-2015 school years combined for the "all students" group of 50 percent or
below; and
(4) had 50 percent or
less of the accountability groups in the school for which the school is
accountable have a 2014-2015 mean student growth percentiles that exceeded the
statewide median student growth percentile for that accountability group;
or
(c) the school is a
high school that:
(1) had a combined English
language arts and mathematics performance index at or below the cut point
established by the commissioner for the "all students" group; and
(2) did not make the required progress as
established by the commissioner in its 2014-2015 combined English language arts
and mathematics performance index for the "all students" group compared to its
2013-2014 combined performance index.
(ii) The commissioner shall not preliminarily
identify a school if the 2011 four year or 2009 five year graduation rate for
the "all students" group is 70 percent or more.
(iii) At the commissioner's discretion, a
school will not be identified as a priority school for Performance Index for a
grade level if the "all students" group meets one or more of the following
progress filters:
(a) made adequate yearly
progress for English language arts and mathematics for 2013-2014 and
2014-2015;
(b) made a 10 point gain
in performance index from 2013-2014 to 2014-2015;
(c) made a 10 percent point gap reduction in
performance index from 2013-2014 to 2014-2015.
(iv) At the commissioner' discretion, a
school may be considered to have made progress and will not be identified as a
priority school for graduation rate if the "all students" group meets one or
more of the following progress filters:
(a)
the 2009 five year cohort graduation rate is at or above 60 percent;
(b) the 2011 four year or the 2010 five year
cohort graduation rate is at or above 60 percent;
(c) the increase in four year graduation rate
is 10 points or more from 2008 to 2010 cohort;
(d) the increase in four year or five year
graduation rate is 10 points or more from 2009 to 2010 cohort;
(e) there is a 10 percent gap reduction for
the four year graduation rate from the prior cohort.
(v) The commissioner shall not preliminarily
identify a school in a special act school district as a priority school unless
the school meets the conditions specified in this subdivision and also has been
identified by the commissioner as a school under registration review because of
a poor learning environment, pursuant to paragraph (k)(2) of this
section.
(3) Preliminary
identification of focus districts and schools prior to the commencement of the
2015-2016 school year.
(i) The commissioner
will preliminarily designate a district or a charter school as focus using the
following methodology:
(a) Preliminary
identification as focus district or focus charter school based on combined
English language arts and mathematics performance index:
(1) For each district and charter school, the
combined 2010-11 performance index (PI) of ELA and Math for the
elementary-middle and secondary levels for each accountability group, except
the all students group, is determined.
(2) For each accountability group, except the
all students group, the combined 2009-10 and 2010-11 ELA and Math median
student growth percentile is determined. If the accountability group's median
student growth percentile is above the combined 2009-10 and 2010-11 statewide
average for that accountability group then the performance index of the
accountability group is removed from those for which the school district or
charter school can be identified as a focus district or focus charter
school.
(3) If an accountability
group's 2006 four year graduation cohort rate exceeds the statewide average for
the accountability group, then the performance index of the accountability
group is removed from those for which the school district or charter school can
be identified as a focus district or focus charter school.
(4) If a remaining accountability group is
among the lowest five percent in the State for combined ELA and math
performance index for the 2010-2011 school year, as determined by the
commissioner, the district or charter school will be preliminarily identified
as a focus district or focus charter school.
(b) Preliminary identification of focus
district or focus charter school based on graduation rate.
(1) For each school district and charter
school, the 2006 four year graduation cohort rate for each accountability
group, except the all students group, is determined. Each such accountability
group for which the graduation rate exceeds the statewide rate for that
accountability group is removed from consideration as an accountability group
for graduation rate for which the school district or charter school can be
identified as a focus district or focus charter school.
(2) For each remaining accountability group
for which the 2005 five year graduation cohort rate is above the State average
for that accountability group, the accountability group is removed from
consideration as an accountability group for graduation rate for which the
school district or charter school can be identified as a focus district or
focus charter school.
(3) For each
remaining accountability group, if the accountability group's 2006 four year
graduation cohort rate exceeds the 2004 four year graduation cohort rate by at
least 10 percent, then the accountability group is removed from consideration
as an accountability group for graduation rate for which the school district or
charter school can be identified as a focus district or focus charter
school.
(4) If any of the remaining
accountability groups are among the lowest five percent in the State for
graduation rate, as determined by the commissioner, the school district or
charter school will be preliminarily identified as a focus district or focus
charter school.
(ii) The commissioner shall not preliminarily
identify a special act school district as a focus district unless at least one
school in the school district has been preliminarily identified as a priority
school.
(iii) A school district in
which a school has been preliminarily identified as a priority school shall be
preliminarily identified as a focus district.
(4) Preliminary identification of focus
districts and schools, based upon 2014-2015 school year results:
(i) the commissioner will preliminarily
designate a district as focus using the following methodology:
(a) preliminary identification as focus
district based on combined English language arts and mathematics performance
index:
(1) For each district, for the
elementary-middle or the secondary level the combined 2014-2015 performance
index of English language arts and mathematics for each accountability group,
except the "all students" group, is determined.
(2) If a district's combined 2013-2014 and
2014-2015 mean student growth percentile is above the state average for an
accountability group, then the elementary-middle level performance index of the
accountability group is removed from those for which the school district can be
identified as a focus district.
(3)
If a district's 2010 four year or 2009 five year graduation rate is above the
State average for an accountability group, then the elementary-middle or
secondary level performance index of the accountability group is removed from
those for which the school district can be identified as a focus
district.
(4) If a district makes a
10 point gain or 10 percent gap reduction from the 2013-2014 performance index
for an accountability group, then the grade level performance index of the
accountability group is removed from those for which the school district can be
identified as a focus district.
(5)
If a district makes adequate yearly progress for the 2013-2014 and 2014-2015
for an accountability group, then the accountability group is removed from
those for which the school district can be identified as a focus
district.
(6) If a remaining
accountability group is among the lowest percentile in the State for the
combined performance index of English language arts and mathematics for the
2014-2015 school year, as determined by the commissioner, the district will be
preliminarily identified as a focus district, except that in determining which
racial-ethnic groups will be considered among the lowest percentile in the
state, the commissioner shall create a single rank ordered list to which a
uniform standard shall be applied such that any racial-ethnic group performing
below the single cut point shall be preliminarily identified.
(b) Preliminary identification of
focus district based on graduation rate.
(1)
For each school district, the 2010 four year graduation cohort rate for each
accountability group, except the "all students" group, is determined.
(2) If a district's 2010 four year or 2009
five year graduation rate is above the State average for the accountability
group(s), then the accountability group is removed from those for which the
school district can be identified as a focus district.
(3) If a district makes a 10 point gain from
the 2009 four year graduation rate or the 2008 five year graduation rate in the
accountability group(s), then the accountability group is removed from those
for which the school district can be identified as a focus district.
(4) If a district makes a 10 percent gap
reduction from the 2009 four year graduation rate in the accountability
group(s), then the accountability group is removed from those for which the
school district can be identified as a focus district.
(5) If a district makes a 10 point gain from
the 2008 four year graduation rate in the accountability group(s), then the
accountability group is removed from those for which the school district can be
identified as a focus district.
(6)
If a district makes adequate yearly progress for the 2013-2014 and 2014-2015 in
the accountability group(s), then the accountability group is removed from
those for which the school district can be identified as a focus
district.
(7) If any of the
remaining accountability groups are among the lowest percentile in the State
for graduation rate, as determined by the commissioner, the school district
will be preliminarily identified as a focus district, except that in
determining which racial-ethnic groups will be considered among the lowest
percentile in the State, the commissioner shall create a single rank ordered
list to which a uniform standard shall be applied such that any racial-ethnic
group performing below the single cut point shall be preliminarily identified.
(i) The commissioner shall not preliminarily
identify a special act school district as a focus district unless at least one
school in the school district has been preliminarily identified as a priority
school.
(ii) A school district in
which a school has been preliminarily identified as a priority school shall be
preliminarily identified as a focus district.
(5) Notification of
preliminary identification of a priority school, focus district or focus
charter school.
(i) If a charter school whose
elementary-middle or secondary grade level English language arts and
mathematics combined performance index for the 2014-2015 school year or whose
four year graduation rate for the 2010 graduation rate cohort for an
accountability group is at or below the cut points established by the
commissioner and which are not making progress for that accountability group as
determined by the commissioner, will be identified a charter focus
school.
(ii) At the commissioner's
discretion, a charter school may be designated as making progress if it
achieves one or more of the progress filters pursuant to subparagraph (ii) of
paragraph (8) of this subdivision.
(iii) For each preliminarily identified
priority school, focus district or focus charter school, the school district or
charter school shall be given the opportunity to present to the commissioner
additional data and relevant information concerning extenuating or
extraordinary circumstances faced by the school district or school that should
be cause for the commissioner to not identify a district as a focus district, a
public school as a priority school, or a charter school as a priority or focus
school. The commissioner shall remove from preliminary priority school
identification any school identified pursuant to clause
(1)(i)(b) of this subdivision where the school district or
charter school provides evidence that the school's 2007 four year graduation
cohort rate for the "all students" group equals or exceeds 60
percent.
(iv) Charter schools and
school districts will be informed of the preliminary status of the school
district and schools, and will be provided the opportunity to appeal such
preliminarily identification, in a format and according to such time line as
prescribed by the commissioner.
(v)
If a charter school or school district appeals the designation of a transfer
high school as a priority school, the commissioner shall give careful
consideration to the mission of the school, student performance, and the
school's ability to effectively serve its students in a turnaround environment.
The commissioner will take into account student performance factors including
the age and number of credits that members of the cohort have upon admission to
the school and the success of the school in graduating students up to the age
of 21.
(6) Determination
of priority school, focus district or focus charter school status. The
commissioner shall review the additional information provided by the school
district or charter school and make a determination regarding the designation
of the school as a priority school or the school district as a focus district
or the charter school as a focus charter school and provide notice to the
school district or charter school of the determination.
(7) Identification of focus schools prior to
the commencement of the 2015-2016 school year.
(i) Upon identification as a focus district,
the commissioner will require the school district to identify a specified
minimum number of schools upon which it will focus its support and intervention
efforts.
(ii) If the school
district has been identified as a focus district solely because it has one or
more priority schools in the school district, then the commissioner will
provide the school district with the list of schools that are identified as
foscus schools, which shall consist of those schools whose ELA and math
combined performance index for 2010-2011 school year or whose graduation rate
for the 2006 graduation rate cohort for an accountability group is at or below
cut points established by the commissioner and which are not making progress
for that accountability group as determined by the commissioner. The district
may petition the commissioner, using such format as the commissioner may
prescribe, to substitute for good cause one or more schools on the list with
school(s) selected by the district.
(iii) If a school district has been
identified as a focus district pursuant to subparagraph (f)(2)(i) of this
section, then all of the schools within the school district shall be
preliminarily identified as focus schools. The commissioner shall assign the
school district a minimum number of schools, as provided in subparagraph (viii)
of this paragraph, that must be designated as focus schools based upon the
number of non-proficient student results in English language arts and math on
2010-2011 school year assessments and non-graduation results for the 2006
graduation rate cohort for the accountability groups for which the school
district has been identified as a proportion of the number of non-proficient
results and non-graduate results for all focus districts in the
State.
(iv) If a school has fewer
than a total of 15 non-proficient student results in the accountability
group(s) for which it could be potentially identified, then the school will not
be identified for non-proficient student results. If the school has fewer than
15 non-graduation results in the accountability group(s) for which it could be
potentially identified, then the school will not be identified for
non-graduation results.
(v) If a
school has more than 60 percent of its students meeting or exceeding the
proficiency standard in ELA and math for all accountability group(s) for which
the school could be identified, then the school will not be identified for
non-proficient student results. If the school has a graduation rate of 60
percent or more for all accountability group(s) for which the school could be
identified, then the school will not be identified for non-graduation
results.
(vi) A priority school
shall not be identified as a focus school.
(vii) The commissioner will provide each
focus district identified pursuant to paragraph (4) of this subdivision with
two rank-ordered list of schools as follows:
(a) A list rank-ordered based on the
percentage of non-proficient and/or non-graduation results for each
accountability performance criterion for each accountability group for which
the school district has been identified as a focus district.
(b) A list rank-ordered based on the number
of non-proficient and/or non-graduation results for each accountability
performance criterion for each accountability group for which the school
district has been identified as a focus district.
(viii) The minimum number of schools that a
focus district must identify as focus schools shall not exceed 85 percent of
the elementary and middle schools and 85 percent of the high schools in the
school district that have not been identified as priority schools. In the event
that all schools in the school district meet the conditions specified in
subparagraph (iv), (v) or (vi) of this paragraph, then the school district
shall not receive rank-ordered lists but will be required to identify at a
minimum any one school in the school district as a focus school.
(ix) A focus district may choose to:
(a) provide support to all of its schools to
address the performance of accountability group(s) on the accountability
measure(s) that caused the school district to be identified; or
(b) identify a subset of schools as focus
schools from the rank-order lists provided by the commissioner based on:
(1) the number of students in a school who
are not proficient in ELA or mathematics or non-graduates in the accountability
groups for which the school district was identified;
(2) the percent of students who are not
proficient in ELA or mathematics or non-graduates in the accountability groups
for which the school district was identified.
(c) The school district must use the selected
rank-ordered list to identify at least the minimum, required number of focus
schools.
(d) The focus district may
petition the commissioner, using such format as he may prescribe, to substitute
for good cause one or more lower ranked schools on the list selected by the
school district for higher ranked schools. In the case of the city school
district of the City of New York, if the chancellor identifies more than the
minimum number of schools in a community school district, the chancellor may
request that such additional schools be credited towards meeting the minimum
number of school requirement in other community school districts within the
same county.
(e) A focus district
shall provide the commissioner with its proposed list of focus schools
according to such timeline as prescribed by the commissioner. The commissioner
shall review and approve the proposed list and provide notification to the
school district of which schools have been designated as focus
schools.
(f) Prior to the start of
each school year, the commissioner shall provide each focus district with the
opportunity to revise its approved list of focus schools.
(x) Before placing a transfer high school on
the rank-ordered lists of potential focus schools, the commissioner shall
review the performance of the school on a case-by-case basis, giving careful
consideration to the mission of a particular school, student performance, and
the school's ability to effectively serve its students in a turnaround
environment. The commissioner will take into account the graduation cohort
data, the age and number of credits that members of the cohort have upon
admission to the school; and the success of the school in graduating students
up to the age of 21.
(8)
Identification of focus schools with the 2014-2015 school year results:
(i) If the school district has been
identified as a focus district, then the commissioner will provide the school
district with the list of schools that are preliminarily identified as focus
schools, which shall consist of those schools whose elementary-middle or
secondary grade level English language arts and math combined performance index
for the 2014-2015 school year or whose four year graduation rate for the 2010
graduation rate cohort for an accountability group is at or below the cut
points established by the commissioner and which are not making progress for
that accountability group as determined by the commissioner. The district may
petition the commissioner, using such format as the commissioner may prescribe,
to substitute for good cause one or more schools on the list with school(s)
selected by the district. If there are no schools in a district that meets the
criteria to be a focus school, then the commissioner will not identify a focus
school in that district.
(ii) At
the commissioner's discretion, a school may be designated as making progress if
it achieves one or more of the following progress filters:
(a) If a school's combined 2013-2014 and
2014-2015 mean student growth percentile is above the state average in the
accountability group(s) for which it could be potentially identified, then the
school need not be identified for those accountability group(s) at the
elementary-middle level.
(b) If a
school's 2010 four year or 2009 five year graduation rate is above the state
average for the accountability group(s) for which it could be potentially
identified, then the school need not be identified for those accountability
group(s) at the elementary-middle or secondary level.
(c) If a school makes a 10 point gain or 10
percent gap reduction from the 2013-2014 performance index in the
accountability group(s) for which it could be potentially identified, then the
school need not be identified for those accountability group(s) at that grade
level.
(d) If a school makes a 10
point gain from the 2009 four year graduation rate or the 2008 five year
graduation rate in the accountability group(s) for which it could be
potentially identified, then the school need not be identified for those
accountability group(s).
(e) If a
school makes a 10 percent gap reduction from the 2009 four year graduation rate
in the accountability group(s) for which it could be potentially identified,
then the school need not be identified for those accountability
group(s).
(f) If a school makes a
10 point gain from the 2008 four year graduation rate in the accountability
group(s) for which it could be potentially identified, then the school need not
be identified for those accountability group(s).
(g) If a school makes adequate yearly
progress for the 2013-2014 and 2014-2015 in the accountability group(s) for
which it could be potentially identified, then the school need not be
identified for those accountability group(s).
(iii) A priority school shall not be
identified as a focus school.
(iv)
The focus district may petition the commissioner, using such format as the
commissioner may prescribe, to substitute for good cause one or more schools
not identified as focus for a school that has been identified as focus or to
self-identify a school as focus. In the case of the city school district of the
City of New York, if the chancellor identifies more than the minimum number of
schools in a community school district, the chancellor may request that such
additional schools be credited towards meeting the minimum number of school
requirement in other community school districts within the same
county.
(v) A focus district shall
provide the commissioner with its proposed list of focus schools according to
such timeline as prescribed by the commissioner. The commissioner shall review
and approve the proposed list and provide notification to the school district
of which schools have been designated as focus schools.
(vi) Prior to the start of each school year,
the commissioner shall provide each focus district with the opportunity to
revise its approved list of focus schools.
(vii) Before placing a transfer high school
on the list of potential focus schools, the commissioner shall review the
performance of the school on a case-by-case basis, giving careful consideration
to the mission of a particular school, student performance, and the school's
ability to effectively serve its students in a turnaround environment. The
commissioner will take into account the graduation cohort data, the age and
number of credits that members of the cohort have upon admission to the school;
and the success of the school in graduating students up to the age of
21.
(9) School requiring
a local assistance plan.
(i) For the 2015-2016
and 2016-2017 school years, using the 2013-2014 and 2014-2015 school year
results respectively, a school that has not been designated as a priority or
focus school shall be designated as a local assistance plan school if the
school:
(a) failed to make adequate yearly
progress (AYP) for an accountability group for three consecutive years on the
same performance criterion in subdivision (j) of this section; provided that
such school shall not be designated as a local assistance plan school if the
school has met other measures of progress as determined by the commissioner
pursuant to subparagraph (ii) of this paragraph; or
(b) has gaps in achievement on a performance
criterion in subdivision (j) of this section and the school has not shown
sufficient progress toward reducing or closing those gaps, or meeting other
measures of progress as determined by the commissioner pursuant to subparagraph
(ii) of this paragraph, between students who are members and students who are
not members of that accountability group; or
(c) for determinations based on 2013-2014
school year results, the school is located in a district that is not designated
as Focus and the school meets the criteria for identification as a focus school
pursuant to subparagraph (7)(ii) of this subdivision, and such other measures
of progress as determined by the commissioner pursuant to subparagraph (ii) of
this paragraph and for determinations based on 2014-2015 school year results
and each school year's results thereafter the school meets the criteria for
identification pursuant to paragraph (8) of this subdivision.
(ii) Notwithstanding the
provisions of clauses (i)(
a) through (
c) of
this paragraph, the commissioner may consider other measures of progress in
determining whether to identify a school as a local assistance plan school
using the 2013-2014 school year results and/or the 2014-2015 school year
results, including but not limited to:
(a)
whether a subgroup has made two consecutive years of AYP;
(b) the subgroup's Student Growth Percentile
(SGP) is above State average;
(c)
the percentile rank of the Performance Index (PI)/graduation rate of a subgroup
on an accountability measure as compared to the percentile rank of the
PI/graduation rate of the subgroup in other schools in the State;
(d) whether the graduation rate of the
subgroup is above State average; and/or
(e) if the subgroup's performance on an
accountability measure has changed from year to year.
(iii) For transfer high schools for which a
district has submitted alternative high school cohort data, the commissioner
shall review such data to determine whether the school shall be designated as
requiring a local assistance plan.
(iv) Notwithstanding subparagraphs (i), (ii)
and (iii) of this paragraph, commencing with the 2014-2015 school year results
a school shall not be identified as a local assistance plan school until the
school meets any of the criteria specified in clauses (i)(b)
and (c) of this paragraph for two consecutive years.
(v) Districts will be informed of the
preliminary status of its schools and will be provided the opportunity to
appeal the identification of any preliminarily identified school.
(vi) The commissioner shall remove from local
assistance plan status a school that for two consecutive school years does not
meet the criteria for identification in clauses (i)(a),
(b) and (c) of this paragraph.
(vii) The commissioner shall consider the
2015-2016 school year results in determining whether a school designated as a
local assistance plan school pursuant to this paragraph shall retain such
designation in the 2017-2018 school year.
(10) Public notification of identification as
a priority or focus school.
(i) Upon receipt
of an accountability designation of priority or focus, the board of education
(in New York City, the chancellor or chancellor's designee) or charter school
board of trustees shall take appropriate action to notify the general public of
the issuance of such designation. Such action shall include, but need not be
limited to, direct notification, within 30 days of receipt of the
commissioner's designation, 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 designated
as priority or focus, and disclosure by the school district at the next public
meeting of the local board of education or by the charter school board of
trustees at the next public meeting of such designation.
(ii) Each school year during which a school
remains under the identification as a priority or focus school, 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 or charter school board of
trustees shall provide direct notification to parents or other persons in
parental relation to children attending the school that the school remains a
priority or focus school. Such notification shall include a summary of the
actions that the school 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
school district. Such notification shall include the timelines and process for
parents exercising their rights to school choice.
(iii) Notwithstanding the provisions of
subparagraphs (i) and (ii) of this paragraph, in the event that a priority
school has been identified as a struggling school or a persistently struggling
school pursuant to section
100.19
of this Part and/or a school under registration review pursuant to this
section, the district may use a single notification to fulfill the annual
public notification requirements of subparagraph (7)(ii) of this subdivision
and subparagraph (l)(1)(ii) of this section and section
100.19(c)(1)(ii)
of this Part.
(h)
Interventions.
(1) District diagnostic review for focus
districts. Commencing in the 2012-2013 school year, each focus district shall
participate annually in a diagnostic review using a diagnostic tool of quality
indicators as prescribed by the commissioner that shall focus on the
accountability group(s) for each accountability performance criterion for which
the school district and its schools have been identified as priority and/or
Focus.
(2) School and district
diagnostic review.
(i) Commencing in the
2013-2014 school year, the school district will annually use the results of a
diagnostic tool of quality indicators, in the form and content prescribed by
the commissioner, which may include a visit by an integrated intervention team
as appointed by the commissioner, to inform the creation of a district
comprehensive improvement plan. For the 2012-2013 school year, school districts
shall use school quality reviews, external school curriculum audits, and joint
intervention team reviews to develop district-wide strategic plans, as well as
school-based plans for intervention.
(a) For
schools designated as priority, the commissioner will appoint an integrated
intervention team to conduct an on-site diagnostic school review, at least once
within the three year period following designation to inform the development of
the district comprehensive improvement plan and school comprehensive
improvement plan.
(b) For schools
designated as focus and priority in the years in which an integrated
intervention team does not conduct an on-site diagnostic review, the school
district will be required to annually use a diagnostic tool, in the form and
content prescribed by the commissioner, to inform the development of the
district comprehensive improvement plan and the school comprehensive education
plan.
(c) For schools designated as
requiring a local assistance plan, the school, in collaboration with the school
district, will be required to annually use a diagnostic tool, in the form and
content prescribed by the commissioner, to inform the development of the local
assistance plan.
(d) Any school
designated as a school requiring a local assistance plan but located within a
focus district may upon the approval of the commissioner be included in the
submission of the district comprehensive improvement plan, which will replace
the requirements of the local assistance plan.
(ii) District comprehensive improvement plan.
(a) Commencing with the plan for the
2015-2016 school year, each focus district shall develop a district
comprehensive improvement plan, in such format as may be prescribed by the
commissioner, to identify the actions that will be taken to improve student
performance levels of the accountability group(s) for each accountability
performance criterion for which the school district has been identified as a
focus district or one or more schools within the school district have been
identified as priority schools. The plan shall:
(1) be developed in such format as may be
prescribed by the commissioner, and shall be formally approved by the board of
education of the school district (in New York City, approved by the chancellor
or the chancellor's designee) no later than three months following the
designation of the school district as a focus district, except that the
commissioner may waive this timeline for good cause, and shall be subject to
the approval of the commissioner, upon request;
(2) specify the supports and interventions,
from the list of allowable expenditures and activities approved by the
department, that the school district will provide to each school in the school
district that has been identified as priority or focus school or a school
requiring a local assistance plan and the funding sources that will be used for
such supports and interventions;
(3) be implemented no later than the
beginning of the 2016-2017 school year or immediately upon approval of the
board of education, if such approval occurs after the first day of regular
school attendance;
(4) be developed
in consultation with parents, school, staff, and others pursuant to section
100.11
of this Part;
(5) be made widely
available through public means, such as posting on the Internet, distribution
through the media, and distribution through public agencies, according to such
timeline as may be established by the commissioner;
(6) be updated annually, including an
analysis of achievement of prior year goals, and, as so updated, approved by
the board of education (in New York City, approved by the chancellor or the
chancellor's designee) and implemented no later than the first day of regular
student attendance of each year that the school district remains a focus
district;
(7) include a description
of goals, targets, activities and timeline for implementation;
(8) require the prior approval of the
commissioner for any significant modification of the school district's approved
comprehensive improvement plan.
(b) Commencing with the plan for the
2013-2014 school year, the district comprehensive improvement plan shall be
developed based on the diagnostic reviews of the school district and schools
within the school district.
(c) In
lieu of a district comprehensive improvement plan, each charter school
identified as a focus school or priority school shall take such actions as are
required by its charter authorizer pursuant to article 56 of the Education Law,
consistent with the charter agreement that each charter school has with its
charter authorizer and as determined by the charter school's board of trustees
in consultation with the charter school's authorizer.
(iii) Comprehensive education plan.
(a) Commencing with the plan for the
2012-2013 school year, each priority and focus school located in a focus
district shall develop and implement a comprehensive education plan.
(b) The plan shall:
(1) be formally approved by the board of
education (in New York City, approved by the chancellor or chancellor's
designee) no later than three months following the designation of the school as
priority or focus and shall be subject to the approval of the commissioner,
upon request;
(2) 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 (in New York City, approved by the chancellor or chancellor's
designee) if such approval occurs after the first day of regular school
attendance;
(3) be updated annually
and incorporate the findings of the diagnostic review, and as so updated, be
approved by the board of education (in New York City, approved by the
chancellor or chancellor's designee) and implemented no later than the first
day of regular student attendance of each year that the school remains a
priority or rocus school, except that for a priority school implementing a
whole school reform model the plan shall be annually updated each year of the
three year implementation period;
(4) be developed in consultation with
parents, school, staff, and others pursuant to section
100.11
of this Part;
(5) be made widely
available through public means, such as posting on the Internet, distribution
through the media, and distribution through public agencies, according to such
timeline as may be established by the commissioner;
(6) include a description of goals, targets,
activities and timeline for implementation and, for priority schools
implementing a whole school reform model, cover the three year period of the
model's implementation;
(7) require
the prior approval of the commissioner for any significant modification of the
school's approved comprehensive improvement plan.
(8) For schools designated as struggling or
persistently struggling, in creating the school intervention plan or in
revising the department-approved school comprehensive education plan or
intervention model, the school receiver shall ensure that the plan addresses
the tenets of the diagnostic tool for school and district effectiveness and
include student outcome data pursuant to section
100.19(f)(4)
of this Part.
(9) Commencing with
the 2015-2016 school year, re-identified focus schools must revise their school
comprehensive education plan to focus on the needs identified through their
most recent integrated intervention team, district-led, or school-led with
district oversight diagnostic tool for school and district effectiveness
reviews. The plan must also include:
(i) a
review of the re-identified focus school leader, if the principal has been the
leader of the school for more than two full academic years, in order to
determine whether the school leader should be provided additional professional
development and/or mentoring or replaced. The review shall be in a form and
format as may be prescribed by the commissioner, and must be submitted as an
addendum to the comprehensive education plan;
(ii) a description of how the school will
implement at least one ESEA turnaround principle (e.g., redesign the school
day, week, or year; modify the instructional program to ensure it is
research-based, rigorous, and aligned with State academic content standards;
provide time for collaboration on the use of data) starting no later than the
2016-2017 school year.
(10) For schools that are identified as
Persistently Struggling or Struggling pursuant to section
100.19
of this Part, the requirements for the comprehensive education plan include, in
addition to those required in this section, the requirements specified in
section
100.19(d)(1)
of this Part, related to development of a community engagement plan and
inclusion of rigorous performance metrics and goals.
(c) No later than September 30, 2012 for
schools identified during the 2011-2012 school year, and no later than July 31,
2016 for schools identified during the 2016-2017 school year, except that the
commissioner may waive this timeline for good cause, each focus district with
one or more priority schools shall submit in such format as prescribed by the
commissioner the schedule by which each of the school district's priority
schools shall implement, as part of the school's comprehensive improvement
plan, a whole school reform model. A school implementing a transformation,
turnaround, innovative framework model, early learning intervention model or
evidence based model, or restart model pursuant to a school improvement grant
or a school innovation fund grant, shall be deemed to be implementing a whole
school reform model. Upon approval of the schedule by the commissioner, each
priority school shall implement the whole school reform model according to the
timeline specified in the schedule, which shall require that implementation
begin no later than the 2014-2015 school year for schools identified during the
2012-2013 school year, and no later than the 2018-2019 school year for schools
identified during the 2015-2016 school year. The schedule for implementation of
the whole school reform model may not be modified without prior approval of the
commissioner.
(d) Once a priority
school has begun to implement a whole school reform model, the school will be
required to complete the whole school reform plan even if the school is removed
from priority status subsequent to the school beginning implementation of the
plan.
(e) In lieu of a
comprehensive education plan, each charter school identified as a focus school
or priority school shall take such actions as are required by the charter
authorizer pursuant to article 56 of the Education Law, consistent with the
charter agreement that each charter school has with its charter authorizer and
as determined by the charter school's board of trustees in consultation with
the charter school's authorizer.
(iv) Local assistance plans. A school
district that has not been identified as focus but in which one or more schools
require a local assistance plan shall develop such plan as follows:
(a) The school, with the assistance of the
school district, shall conduct a diagnostic review in accordance with clause
(2)(i)(c) of this subdivision.
(b) The school shall specify the actions that
will be taken to improve the student performance levels of the accountability
group(s) for each accountability performance criterion for which the school
district has been identified. The local assistance plan shall:
(1) identify the process by which the local
assistance plan was developed pursuant to section
100.11
of this Part;
(2) identify the
resources that will be provided to each school to implement the plan;
(3) identify the professional development
activities that will be taken to support implementation of the plan;
(4) identify the timeline for implementation
of the plan; and
(5) be developed
in such format as may be prescribed by the commissioner, and formally approved
by the board of education of the school district (in New York City, approved by
the chancellor or chancellor's designee) no later than three months following
the designation of a school as requiring a local assistance plan;
(6) the local assistance plan shall be made
widely available through public means, such as posting on the Internet,
distribution through the media, and distribution through public agencies,
according to such timeline as may be established by the commissioner;
(7) in lieu of a local assistance plan, each
charter identified as requiring a local assistance plan shall take such actions
as are required by its charter authorizer pursuant to article 56 of the
Education Law, consistent with the charter agreement that each charter school
has with its charter authorizer and as determined by the charter school's board
of trustees in consultation with the charter school's authorizer.
(v) Distinguished
educator. In addition to, and notwithstanding the provisions of subparagraphs
(i) through (iv) of this paragraph, a school district designated as focus or a
school designated as priority or focus may be required to cooperate with a
distinguished educator appointed by the commissioner, pursuant to section
100.17(c)(3)(i)
of this Part. The distinguished educator shall also provide oversight of the
district comprehensive improvement plan or school comprehensive improvement
plan and shall serve as an ex-officio member of the board of education. All
plans are subject to review by the distinguished educator, who shall make
recommendations to the board of education. The board of education shall
implement such recommendations, unless it obtains the commissioner's approval
to implement an alternate approach.
(vi) Supplemental educational services. Each
local educational agency that receives title I funds may make supplemental
educational services available to eligible students who attend a school
designated priority or focus pursuant to this paragraph, consistent with
section 120.4 of this Title.
(vii)
Public school choice. Each school district that receives title I funds that has
a school designated as priority or focus pursuant to this paragraph, shall
provide public school choice consistent with section
120.3 of
this Title.
(i)
Removal from accountability
designation.
(1) Removal of priority
school designation. Based upon 2011-2012 and 2012-2013 school year results, and
each two consecutive school year period thereafter, a school district or
charter school may petition for a school to be removed from priority status if
the school meets performance targets established by the commissioner, and the
school has a combined performance index in ELA and mathematics for the all
students group that exceeds the thresholds for identification as a priority
school in the second year of the two year period. For high schools, the four
year or five year cohort graduation rate must equal at least 60 percent for two
consecutive years, the four year graduation rate cohort must equal or exceed 60
percent in the second year of the two year period and the school must meet the
performance targets established by the commissioner, except for transfer high
schools, for which the commissioner will establish a graduation rate goal and
progress targets based on the specific conditions and circumstances present at
each transfer high school. The school must also meet the participation rate
requirement in ELA and mathematics for all groups for which it is accountable
in the most current school year results that are being used as the basis for
the petition.
(i) A school that begins to
fully implement a whole-school reform model must complete implementation of the
model even after removal from priority designation.
(ii) Schools that are removed from priority
status before they begin implementation of a model will not be required to
implement the model.
(2)
Removal of focus district and focus school designation.
(i) Commencing with 2011-2012 and 2012-2013
school year results, and each consecutive two year period thereafter, a school
district may petition to have its focus designation revised if the school
district meets the participation requirement in ELA and mathematics for all
accountability groups and the performance targets established by the
commissioner, and the school district has a combined performance index in ELA
and mathematics for each group for which the school district is accountable
that exceeds the thresholds for identification in the second year of the two
year period. For all groups for which the school district is accountable for
graduation rate, the district must also exceed the graduation rate threshold
for identification with the four year or five year graduation rate in the first
year and with the four year graduation rate in the second year of the two year
period. The school district may petition for the removal of focus designation
for any focus school in the school district that meets these same performance
targets and participation rate requirements for ELA and mathematics, except
that for a focus school that is identified pursuant to paragraph (g)(8) of this
section, a district may petition for removal if the school meets the criteria
specified in subparagraph (g)(10)(vi) of this section.
(ii) Upon receipt of a petition for revision
of status by a focus district, the commissioner will review the status of the
school district and each priority and focus school in the school district. If
the school district and each priority school and focus school within the school
district meet the criteria for removal, the commissioner shall remove the focus
designation from the school district and the focus and priority designation
from all schools within the school district. Commencing with 2015-2016 school
year results, if the school district does not meet the criteria for removal but
each priority and focus school within the school district meets the criteria
for removal, the district will remain a focus district but each school within
the district shall be removed from priority or focus school
designation.
(iii) If the school
district meets the criteria for removal, but not every priority or focus school
within the school district meets the criteria for removal, the commissioner
shall only remove the focus or priority designation from schools that meet the
criteria for removal. The school district will remain a focus district and
those schools that do not meet the criteria for removal will remain designated
as focus or priority schools as applicable. The minimum number of schools that
must be designated as focus shall be reduced to reflect this removal.
(iv) For accountability determinations made
prior to the 2015-2016 school year, if the school district does not meet the
criteria for removal but one or more of its focus schools meet the criteria for
removal, the school district must, for each focus school it petitions for
removal of focus designation, identify school(s) not currently identified as
priority or focus to replace the school(s) meeting the criteria for removal,
except that a school district is not required to:
(a) designate additional new focus schools to
replace focus schools meeting the criteria for removal if by so doing the
number of focus schools in the district would exceed the number of focus
schools that the commissioner requires a school district to identify pursuant
to paragraph (g)(7) of this section; or
(b) designate a school as a focus school that
meets the criteria for focus school removal pursuant to this subdivision in
order to replace a focus school meeting the criteria for removal.
(v) For accountability
determinations made prior to the 2015-2016 school year, notwithstanding the
provisions of this subparagraph, a school district must identify at least one
school as focus school if the school district does not meet the criteria for
removal but all of its priority and focus schools meet the criteria for
removal.
(vi) Removal of focus
charter school designation.
(a) Commencing
with 2011-2012 and 2012-13 school year results and for each consecutive two
year period thereafter, a charter school may petition for the charter school to
be removed from focus status if the charter school meets the participation
requirement in ELA and math for all accountability groups and the performance
targets established by the commissioner, which will at a minimum require that
the charter school have a combined performance index in ELA and mathematics for
each group for which the charter school was identified that exceeds the
thresholds for identification in the second year of the two year period. The
charter school must also exceed the graduation rate threshold for
identification for two consecutive years for all accountability groups for
which the charter school is accountable for graduation rate.
(b) Upon receipt of a petition for removal by
a charter school, the commissioner will review the status of the charter
school, and if the charter school meets the criteria for removal, the
commissioner shall remove the focus designation from the charter
school.
(j)
Public school, school district and
charter school performance criteria.
Each school district and school accountability group shall
be subject to the performance criteria specified below:
(1) Elementary/middle-level English language
arts and mathematics, and high school English language arts and mathematics
requirements. An annual measurable objective is a performance index set by the
commissioner for 2010-11 school year results for each accountability group and
that increases annually in equal increments so as to reduce by half the gap
between the performance index for each accountability group in the 2010-11
school year and reach a goal of a performance index of 200 by the 2016-17
school year, except that, beginning with the 2012-2013 school year and
thereafter, for each accountability group in elementary/middle-level English
language arts and mathematics, an annual measurable objective is a performance
index set by the commissioner for the 2012-13 school year that increases
annually in equal increments so as to reduce by half the gap by the 2016-17
school year between the performance index of each accountability group in the
2012-13 school year and a performance index of 147.
(2) Annual high school or high school
alternative cohort.
(i) Except as provided in
subparagraphs (ii) and (iii) of this paragraph, the annual high school cohort
for purposes of computing the high school performance index for English
language arts and mathematics for any given school year shall consist of those
students who first enrolled in ninth grade three years previously anywhere and
who were enrolled in the school on the first Wednesday in October of the
current school year. The annual school district high school cohort for purposes
of determining the high school performance index for ELA and math for any given
school year shall consist of those students who first enrolled in ninth grade
three years previously anywhere and who were enrolled in the school district or
placed by the school district committee on special education or by school
district officials in educational programs outside the school district on the
first Wednesday in October of the current school year. Students with
disabilities in ungraded programs shall be included in the annual school
district and high school cohort in the third school year following the one in
which they attained the age of 17.
(ii) The following students shall not be
included in the annual high school cohort: students who transferred to another
high school or approved alternative high school equivalency preparation program
or high school equivalency preparation program approved pursuant to section
100.7
of this Part, or criminal justice facility, who left the United States or its
territories, or who are deceased; except that, beginning with students who
first entered grade 9 in the 2007-2008 school year, the following students will
be included in the high school cohort of the school they attended before
transferring:
(a) students who transfer to an
approved alternative high school equivalency preparation program or high school
equivalency preparation program approved pursuant to section
100.7
of this Part, but leave that program before the end of the third school year
after the school year in which they first entered grade 9 without having earned
a high school equivalency diploma or without entering a program leading to a
high school diploma; and
(b)
students who transfer to any high school equivalency preparation program other
than those approved pursuant to section
100.7
of this Part.
(iii) The
following students shall not be included in the annual school district high
school cohort: students who transferred to a high school that is not a
component of the school district or to an approved alternative high school
equivalency preparation program or high school equivalency preparation program
approved pursuant to section
100.7
of this Part, or criminal justice facility, who left the United States or its
territories, or who are deceased; except that, beginning with students who
first entered grade 9 in the 2007-2008 school year, the following students will
be included in the high school cohort of the school district they attended
before transferring:
(a) students who transfer
to an approved alternative high school equivalency preparation program or high
school equivalency preparation program approved pursuant to section
100.7
of this Part, but leave that program before the end of the third school year
after the school year in which they first entered grade 9 without having earned
a high school equivalency diploma or without entering a program leading to a
high school diploma; and
(b)
students who transfer to any high school equivalency preparation program other
than those approved pursuant to section
100.7
of this Part.
(iv) The
high school alternative cohort in any given year shall consist of those
students enrolled in the high school on the first Wednesday of October three
years previously who were still enrolled in the school on the first Wednesday
of October two years previously. Transfer high school may voluntarily submit to
the commissioner information on the performance of an alternative high school
cohort.
(3)
Elementary/middle-level science requirements. An annual measurable objective is
a performance index set by the commissioner for 2010-11 school year results for
each accountability group that increases annually in equal increments so as to
reduce by half the gap between the performance index for each accountability
group in the 2010-11 school year and reach a goal of a performance index of 200
by the 2016-17 school year.
(4) A
high school cohort graduation rate goal established annually by the
commissioner, or progress in relation to the previous school year's graduation
rate as measured by the four year graduation rate cohort and the five year
graduation rate cohort.
(i) The four year
graduation rate cohort for each public school and charter school shall consist
of those students (including an ungraded student with a disability) whose first
date of entry into grade 9 (anywhere) was four years previously and whose last
enrollment in the school did not end because of transfer to another school,
death, or leaving the United States. The graduation rate is computed as the
number of cohort members who earn a local diploma or Regents diploma by August
31st following the fourth school year after the school year in which the cohort
first entered grade 9 divided by the total four year annual graduation rate
cohort membership.
(ii) The four
year graduation rate cohort for each school district shall consist of those
students (including an ungraded student with a disability) whose first date of
entry into grade 9 was four years previously (anywhere) and whose last
enrollment in the school district did not end because of transfer to another
school district, death, or leaving the United States. The graduation rate is
computed as the number of cohort members who earn a local diploma or Regents
diploma by August 31st following the fourth school year after the school year
in which the cohort first entered grade 9 divided by the total four year annual
graduation rate cohort membership.
(iii) The five year graduation rate cohort
for each public school and charter school shall consist of those students
(including an ungraded student with a disability) whose first date of entry
into grade 9 (anywhere) was five years previously and whose last enrollment in
the school did not end because of transfer to another school, death, or leaving
the United States. The graduation rate is computed as the number of cohort
members who earn a local diploma or Regents diploma by August 31st following
the fifth school year after the school year in which the cohort first entered
grade 9 divided by the total five year annual graduation rate cohort
membership.
(iv) The five year
graduation rate cohort for each school district shall consist of those students
(including an ungraded student with a disability) whose first date of entry
into grade 9 (anywhere) was five years previously and whose last enrollment in
the school district did not end because of transfer to another school district,
death, or leaving the United States. The graduation rate is computed as the
number of cohort members who earn a local diploma or Regents diploma by August
31st following the fifth school year after the school year in which the cohort
first entered grade 9 divided by the total five year annual graduation rate
cohort membership.
(v) Students
with disabilities in ungraded programs shall be included in the four year
annual school district and high school cohort in the fourth school year
following the one in which they are assigned a first date of entry into ninth
grade.
(vi) Students with
disabilities in ungraded programs shall be included in the five year annual
school district and high school cohort in the fifth school year following the
one in which they are assigned a first date of entry into ninth
grade.
(k)
Identification of schools for public school registration review.
(1) Beginning with 2014-2015 school year
results and thereafter, the commissioner shall place under preliminary
registration review those schools identified as priority for at least three
consecutive years that are determined to have made insufficient progress
towards the implementation of their comprehensive improvement plan or have
failed to demonstrate progress since identification as a priority school in
improving student results on the performance criteria specified in paragraphs
(j)(1) and (4) of this section, except that the commissioner may upon a finding
of extenuating circumstances extend the period during which the school must
demonstrate progress.
(2) Beginning
with 2012-13 school year, the commissioner may also place under preliminary
registration review any school that 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, and has been 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, evidence that the
school does not maintain required programs and services; evidence of failure to
appropriately refer for identification and/or provide required programs and
services to students with disabilities pursuant to Part 200 of this Title;
evidence of failure to appropriately identify and/or provide required programs
and services to English language learners pursuant to Part 154 of this Title,
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.
Notwithstanding the provisions of subdivision (g) of this section, any school
that is identified as a school under registration review pursuant to this
paragraph shall also be identified as priority school and shall be subject to
all of the requirements of this section.
(3) The commissioner may also place under
registration review any school for which a school 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.
(4) For each
school identified for preliminary registration review pursuant to paragraph (1)
of this subdivision, the school district shall be given the opportunity to
present to the commissioner additional data and relevant information concerning
extenuating or extraordinary circumstances faced by the school that should be
cause for the commissioner to not identify the school for registration
review.
(5) For each school
identified as a poor learning environment and placed under preliminary
registration review pursuant to paragraph (2) of this subdivision, the school
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.
(6) The commissioner
shall review the additional information provided by the school district and
determine which of the schools identified for preliminary registration review
pursuant to paragraph (1) of this subdivision, or identified as poor learning
environments pursuant to paragraph (2) of this subdivision, shall be placed
under registration review.
(l)
Public school registration
review.
(1) Upon placing the
registration of a school under review, the commissioner shall warn the board of
education (in New York City, the chancellor) that the school has been placed
under 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 paragraph the actions that must be taken and/or the progress
that must be demonstrated in order for a school to be removed from
consideration for revocation of registration.
(i) Upon receipt of such warning, the board
of education (in New York City, the chancellor or chancellor's designee) 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 school district at the
next public meeting of the local board of education of such warning.
(ii) 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
school district and school are taking to improve student results and an
explanation of any school 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
school district. Such notification shall include the timelines and process for
parents exercising their rights to school choice. Notwithstanding the
provisions of this subparagraph, in the event that the commissioner places a
struggling school or a persistently struggling school pursuant to section
100.19
of this Part under registration review, the district may use a single
notification to fulfill the annual public notification requirements of
subdivision subdivisions (g)(7)(ii) and (l)(1)(ii) of this section and section
100.19(c)(1)(ii)
of this Part.
(2)
Following the placement of a school under registration review that has not been
identified as a struggling school or persistently struggling school pursuant to
section
100.19
of this Part, an integrated intervention team, which may include a
distinguished educator, as appointed by the commissioner, pursuant to section
100.17(c)(3)(i)
of this Part, shall conduct a diagnostic review of the school and recommend to
the commissioner whether the school should:
(i) continue to implement its current
improvement plan, as modified by recommendations of the integrated intervention
team;
(ii) implement a new
comprehensive improvement plan, which may contain a new whole school reform
model; or
(iii) be phased out or
closed.
(iv) A school district may
fulfill the requirements for implementation of a revised or new improvement
plan pursuant to subparagraphs (i) and (ii) by:
(a) entering into a contract with an
educational partnership organization pursuant to Education Law section
211-e;
(b) converting a school to a
charter school pursuant to Education Law section 2851(3);
(c) entering into a contract with the State
university trustees, subject to the approval of the Commissioner of Education,
pursuant to Education Law section 355(n) for the education of the children of
the school;
(d) for the city school
district of the City of New York, entering into a contract with the City
University of New York pursuant to Education Law section 2590(k) to administer
a New York City public high school;
(e) implementing a plan to provide enhanced
support and oversight of the school through an alternative governance structure
that shall, at a minimum, include:
(1) a
separate and distinct management structure within the district for identified
schools;
(2) a mechanism to ensure
that the schools operating under an alternate governance structure receive
enhanced district resources;
(3)
dedicated resources for professional development, coaching, and
mentoring;
(4) additional
flexibility in recruiting, hiring, retaining, and removing staff, including use
of incentives to recruit teachers and administrators;
(5) evidence of collective bargaining unit
agreements that include provisions for:
(i)
the screening of administrators and staff at participating schools, and
expedited replacement of ineffective administrators and staff, prior to the
August before plan implementation;
(ii) changes to the school day length or
schedule that support implementation of an expanded learning time
program;
(iii) full staff and
administrator participation in additional professional development in the
summer proceeding plan implementation;
(iv) an extended learning time component
focused on supporting student achievement and improvement of teacher practices;
and
(v) implementation of a
department approved intervention model based upon a school improvement grant or
school innovation fund grant.
(3) The commissioner shall review
the recommendations of the integrated intervention team and may approve, or
modify and approve as so modified, such recommendations. Upon such approval,
the commissioner shall direct that the school district submit in a format and
according to a timeline prescribed by the commissioner a revised improvement
plan, a new comprehensive improvement plan, or a plan for phase out or closure
that implements the recommendations of the integrated intervention team. Upon
approval of the plan by the commissioner, the school shall be required to
implement such plan. If the school district fails to submit an approvable plan,
the commissioner may recommend to the Board of Regents that the registration be
revoked and the school be declared an unsound educational environment pursuant
to paragraph (6) of this subdivision.
(4) Struggling and persistently struggling
schools identified for registration review.
(i) A school that is identified for
registration review that has also been identified as a struggling school or
persistently struggling school pursuant to section
100.19
of this Part shall implement the school receivership provisions of that
section, except that if the school fails to make demonstrable improvement
pursuant to section
100.19
of this Part for two consecutive years, the commissioner may direct that the
school receivership be terminated and provide the district the opportunity to
take one of the following actions:
(a) convert
the school to a charter school pursuant to Education Law section
2851(3);
(b) enter into a contract
with the State university trustees, subject to the approval of the Commissioner
of Education, pursuant to Education Law section 355(n) for the education of the
children of the school; or
(c) for
the city school district of the City of New York, entering into a contract with
the city board and the City University of New York pursuant to Education Law
section 2590(k) to administer a New York City public high school.
(ii) In the event that the school
district does not submit an acceptable plan in such format and in such timeline
as the commissioner may establish, the commissioner may direct that the school
district close or phase out the school pursuant to a plan approved by the
commissioner.
(5) The
commissioner may require a school district to submit such reports and data as
the commissioner deems necessary to monitor the implementation of the
improvement plan, comprehensive education plan, or closure or phase out 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 required plan.
(6)
If the school has not taken the required actions and/or demonstrated progress
as delineated by the commissioner pursuant to paragraph (3) or paragraph (4) of
this subdivision, 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, the chancellor) shall be afforded notice of such
recommendation and an opportunity to be heard in accordance with paragraph (8)
of this subdivision.
(7) 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.
(8) Decisions to revoke the registration of a
public school shall be made in accordance with the following procedures:
(i) The commissioner shall provide written
notice of his recommendation and the reasons therefore to the board of
education, which operates the school (in New York City, both the chancellor and
any community school board having jurisdiction over the school). Such notice
shall also set forth:
(a) the board of
education's right to submit a response to the recommendation and request oral
argument pursuant to subparagraph (ii) of this paragraph;
(b) the place, date and time the matter will
be reviewed, and if requested, an oral argument heard by a three-member panel
of the Board of Regents for recommendation to the full Board of Regents;
and
(c) notification that failure
to submit a response will result in the commissioner's recommendation being
submitted to the Board of Regents for determination.
(ii) Within 15 days of receiving notice of
the recommendation to revoke registration, the board of education (in New York
City, both the chancellor and any community school board having jurisdiction
over the school) 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.
(iii) 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 the oral argument.
(m)
Removal of schools from
registration review, school phase-out or closure.
(1) 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.
(2) 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 (k)(3) of this section, remain present in the
school.
(3) In the event that a
school placed under registration review prior to the 2012-2013 school year
demonstrates that it has met its previously established progress targets
pursuant to section
100.2(p)
of this Part, but is identified in the 2012-2013 school year as priority
pursuant to subdivision (g) of this section, the school shall remain under
registration review and shall follow the intervention requirements pursuant to
subdivision (h) of this section and meet the targets for removal as a priority
school pursuant to subdivision (i) of this section, pursuant to a timeline
prescribed by the commissioner.
(4)
In the event that a school placed under registration review prior to the
2012-2013 school year demonstrates that it has met its previously established
progress targets pursuant to section
100.2(p)
of this Part, and is not identified in the 2012-2013 school year as priority
pursuant to subdivision (g) of this section, the school shall be removed from
registration review.
(5) In the
event that a board of education either seeks to phase out or close a school
under registration review or is required to to close or phase out a school
pursuant to paragraph (l)(3) of this section, the board of education (in New
York City, the chancellor or chancellor's designee) shall submit for
commissioner's approval, a plan identifying the intervention that will be
implemented and will result in phase out or closure, in the form and content
prescribed by the commissioner. The commissioner will consider the academic
impact of such phase out or closure on other schools within the school district
and may grant approval of such plan provided that:
(i) official resolutions or other approvals
to phase out or close the existing school have been adopted by the local board
of education (in New York City, the chancellor or chancellor's
designee);
(ii) a formal phase out
or closure plan has been developed and approved in accordance with the
requirements of the intervention prescribed by the commissioner pursuant to
subdivision (h) of this section; and
(iii) parents, teachers, administrators, and
community members have been provided an opportunity to participate in the
development of the phase out or closure plan.
(6) In the event that a board of education
seeks to redesign a school under registration review or a priority school, the
board of education (in New York City, the chancellor or chancellor's designee)
shall submit to the commissioner a petition and a redesign plan, in such form
or format as prescribed by the commissioner, requesting that the redesigned
school be approved.
(i) The commissioner may
grant such petition, and the school may be approved as redesigned, 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, the chancellor or
chancellor's designee);
(b)
parents, teachers, administrators, and community members have been provided an
opportunity to participate in the development of the redesign plan;
and
(c) upon examination of
factors, the commissioner determines that the redesigned school constitutes a
new and satisfactory educational program. Such factors may include, but not be
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. In making a determination
the commissioner will consider the academic impact of such redesign on other
schools within the school district.
(ii) At the time that a redesigned school is
approved, the commissioner shall delineate the student performance results that
the school must demonstrate to be removed from registration review and/or
priority status. For schools under 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 paragraph (l)(5) of
this section.