Home » 2012 Issues » November 21, 2012 » EDU-27-12-00011-A Elementary and Secondary Education Act (ESEA) Flexibility and School District Accountability
EDU-27-12-00011-A Elementary and Secondary Education Act (ESEA) Flexibility and School District Accountability
11/21/12 N.Y. St. Reg. EDU-27-12-00011-A
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 47
November 21, 2012
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-27-12-00011-A
Filing No. 1096
Filing Date. Nov. 06, 2012
Effective Date. Nov. 28, 2012
Elementary and Secondary Education Act (ESEA) Flexibility and School District Accountability
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 100.18; and amendment of sections 100.2(m), 100.17, 120.3 and 120.4 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 207(not subdivided), 210(not subdivided), 215(not subdivided), 305(1) and (2), 309(not subdivided) and 3713(1) and (2)
Subject:
Elementary and Secondary Education Act (ESEA) Flexibility and school district accountability.
Purpose:
To implement New York State's approved ESEA Flexibility Waiver.
Substance of final rule:
The Commissioner of Education proposes to add section 100.18 and amend sections 100.2(m), 100.17, 120.3 and 120.4 of the Commissioner’s Regulations, relating to Elementary and Secondary Education Act (ESEA) Flexibility and school and school district accountability. On May 29, 2012, the Secretary for the United State Department of Education, based upon his authority to issue waivers pursuant to section 9401 of the ESEA, approved New York State's ESEA Flexibility Waiver Request.
The proposed rule implements the approved Waiver Request and was adopted as an emergency rule at the June 18-19, 2012 Regents meeting. At the September 10-11, 2012 Regents meeting, the June emergency rule was repealed, and the proposed rule was revised and adopted as an emergency rule, effective September 11, 2012. The September emergency rule expired on November 9, 2012. At the November 5-6, 2012 Regents meeting, the proposed rule was adopted as a permanent rule, effective November 28, 2012, and also adopted as an emergency rule, effective November 10, 2012, to ensure that the emergency rule remains continuously in effect until the effective date of the rule's permanent adoption.
The following is a summary of the provisions of the adopted permanent rule:
• 100.18 ESEA Accountability System – this new section relates to the specific revisions necessary to conform Commissioner’s Regulations to New York’s updated accountability system, as a result of the approved ESEA Flexibility Request, and includes the following:
• Subdivision (a) Applicability states that the provisions of section 100.18 are applicable, in lieu of specified paragraphs of section 100.2(p) of the Commissioner's Regulations, during the period of the Elementary and Secondary Education Act (ESEA) waiver, and any revisions and extensions thereof, except as otherwise provided in section 100.18.
• Subdivision (b) Definitions defines various terms used in the section, including performance levels that incorporate measures of growth at the elementary/middle-level and college and career readiness standards at the high school level.
• Subdivision (c) Procedure for Registration of Public Schools provides the procedures for the registration of new schools and determination of their accountability status.
• Subdivision (d) provides that the registration of a public school remains in effect until revoked by the Board of Regents or until a school is closed by a school district.
• Subdivision (e) System of Accountability for student success requires the Commissioner to annually review the performance of each school district, public school, and charter school in the State and make Adequate Yearly Progress determinations regarding the performance of their accountability groups in elementary/middle and high school ELA and mathematics, elementary/middle level science and graduation rate.
• Subdivision (f) Adequate Yearly Progress provides the rules for making Adequate Yearly Progress determinations.
• Subdivision (g) Differentiated accountability for school districts provides the process by which schools are identified as Priority Schools, Focus Schools, or Schools Requiring a Local Assistance Plan and districts are identified as Focus Districts. The subdivison also specifies the requirement for parental and public notification of such designations.
• Subdivision (h) Interventions specifies the interventions that occur in identified schools and districts; including the appointment of an Integrated Intervention Team and district and/or school participation in a diagnostic review; and development and implementation of a District Comprehensive Improvement Plan or a Local Assistance Plan or a School Comprehensive Education Plan. The subdivison further specifies the requirements for such plans, including the requirement that each Priority School implement a whole school reform model no later than the beginning of the 2014-2015 school year.
• Subdivision (i) Removal from accountability designation provides the procedures by which a public school or a charter school may be removed from Priority or Focus status and a school district may be removed from Focus District status.
• Subdivision (j) Public school, school district and charter school performance criteria establishes the Performance Criteria (Elementary-Middle Level and High School English language arts and mathematics, Elementary-Middle Level science and graduation rate) used to make school and school district accountability determinations; the Annual Measurable Objectives for English language arts, mathematics, and science; and the goals and progress targets for the four year and five year graduation rate cohorts. The subdivison also defines the annual high school cohort, the annual high school alternative cohort, and the graduation rate cohorts.
• Subdivision (k) Identification of schools for public school registration review specifies the processes by which schools will be identified for registration review, including special provisions for transfer high schools and schools in Special Act School Districts.
• Subdivision (l) Public school registration review specifies the actions that occur when schools are identified for registration review, including:
• notification by the Commissioner to the district and district notification to parents and the public;
• appointment by the Commissioner of an Integrated Intervention Team to make recommendations to the Commissioner as to whether the school shall continue to implement its current improvement plan, as modified by recommendations of the integrated intervention team; implement a new Comprehensive Improvement Plan, which may contain a new whole school reform model; or be phased out or closed;
• requirement that after the Commissioner approves or modifies and approves the recommendations of the Integrated Intervention Team, the district develops and implement a plan based on the recommendations.
This subdivision also establishes the process by which the Board of Regents may revoke the registration of a school and specifies that the Commissioner shall develop a plan to ensure that the educational welfare of the pupils of the school is protected and require that the school district implement it.
• Subdivision (m) Removal of schools from registration review, school phase-out or closure explains the process by which schools may be removed from registration review, including schools that are being redesigned as part of an approved District Comprehensive Improvement Plan.
• 100.2(m) Public reporting requirements for the Local Assistance Plan – revisions to this section relate to replacing the reference to the overview of school performance and instead reference the New York State Report Card. In addition, 100.2(m)(6) and (7) relating to the requirements for a Local Assistance Plan have been revised and incorporated into section 100.18.
• 100.17 Distinguished Educator Program – revisions to this section relate to replacing the reference to schools designated for improvement, corrective action or restructuring and instead referencing schools designated as Priority or Focus.
• 120.3 Public School Choice – revisions to this section relate to replacing the requirement for schools designated for improvement, corrective action or restructuring to offer public school choice and instead require it be offered to schools designated as Priority or Focus.
• 120.4 Supplemental Education Services (SES) – revisions to this section relate to New York no longer requiring districts to offer SES or set aside a portion of their Title I allocation to pay for SES. The revisions clarify that districts can choose to offer SES, and pay for the services using other funding resources.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 100.17(c)(3) and 100.18(m)(5).
Revised rule making(s) were previously published in the State Register on
September 26, 2012.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-8869, email: legal@mail.nysed.gov
Revised Regulatory Impact Statement
Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on September 26, 2012, nonsubstantial revisions were made to the proposed rule as follows:
1. In section 100.17(c)(3)(i)(a), a redundant repetition of the phrase "of this Part" was deleted.
2. In section 100.18(m)(5) a redundant repetition of the word "to" was deleted.
The above changes do not require any changes to the previously published Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on September 26, 2012, nonsubstantial revisions were made to the proposed rule, as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above revisions do not require any further changes to the previously published Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on September 26, 2012, nonsubstantial revisions were made to the proposed rule, as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above revisions do not require any further changes to the previously published Rural Area Flexibility Analysis.
Revised Job Impact Statement
Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on September 26, 2012, nonsubstantial revisions were made to the proposed rule, as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The proposed rule, as revised, relates to public school and school district accountability and is necessary to conform the Commissioner's Regulations to New York State's Elementary and Secondary Education Act (ESEA) Flexibility Waiver Request; which was approved by the Secretary to the United States Education Department on May 29, 2012 pursuant to ESEA section 9401. The purpose of the revised proposed rule is to ensure a seamless transition to the revised accountability plan as authorized under the ESEA Flexibility Waiver. The State and local educational agencies (LEAs) are required to comply with the ESEA as a condition to their receipt of federal funds under Title I of the ESEA Act of 1965, as amended.
The revised proposed rule applies to public schools, school districts and charter schools that receive funding as LEAs pursuant to the ESEA, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the revised proposed rule that it will have no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
