Home » 2014 Issues » November 05, 2014 » EDU-44-14-00027-P Elementary and Secondary Education Act (ESEA) Flexibility and School and School District Accountability
EDU-44-14-00027-P Elementary and Secondary Education Act (ESEA) Flexibility and School and School District Accountability
11/5/14 N.Y. St. Reg. EDU-44-14-00027-P
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 44
November 05, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-44-14-00027-P
Elementary and Secondary Education Act (ESEA) Flexibility and School and School District Accountability
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 100.4 and 100.18 of Title 8 NYCRR.
Elementary and Secondary Education Act (ESEA) Flexibility and school and school district accountability.
Purpose:
To provide flexibility to LEAs in the administration of Regents mathematics examinations (Common Core) students in grades 7-8.
Text of proposed rule:
1. Paragraph (2) of subdivision (e) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 28, 2015, as follows:
(2) Beginning with the 1998-99 school year, the mathematics intermediate assessment shall be administered in grade 8. Beginning with the 2005-2006 school year, mathematics assessments shall be administered in grades 7 and 8, provided that, for the 2013-2014 and 2014-15 school [year] years, students who attend grade 7 or 8 may take a Regents examination in mathematics in lieu of or in addition to the grade 7 or 8 mathematics assessment, in accordance with section 100.18(b)(14) of this Part.
2. Subparagraph (iii) of paragraph (14) of subdivision (b) of section 100.18 of the Regulations of the Commissioner of Education is amended, effective January 28, 2015, as follows:
(iii) 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 and 2014-15 school [year] 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 and 2014-15 school [year] 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) . . .
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Cosimo Tangorra, Jr., Deputy Commissioner, State Education Department, Office of P-12 Education, State Education Building, 2M West, 89 Washington Ave., Albany, NY 12234, (518) 474-5520, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues existence of Education Department, with Board of Regents as its head, and authorizes Regents to appoint Commissioner of Education as Department's Chief Administrative Officer, which is charged with general management and supervision of all public schools and educational work of State.
Education Law section 207 empowers Regents and Commissioner to adopt rules and regulations to carry out State education laws and functions and duties conferred on Department.
Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.
Education Law section 209 authorizes the Regents to establish secondary school examinations in studies furnishing a suitable standard of graduation and of admission to colleges; to confer certificates or diplomas on students who satisfactorily pass such examinations; and requires the admission to these examinations of any person who shall conform to the rules and pay the fees prescribed by the Regents.
Education Law section 210 authorizes Regents to register domestic and foreign institutions in terms of State standards, and fix the value of degrees, diplomas and certificates issued by institutions of other states or countries and presented for entrance to schools, colleges and professions in the State.
Education Law section 215 authorizes Commissioner to require schools and school districts to submit reports containing such information as Commissioner shall prescribe.
Education Law section 305(1) and (2) provide Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies of the Regents. Section 305(20) provides Commissioner shall have such further powers and duties as charged by the Regents.
Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
Education Law section 309 charges Commissioner with general supervision of boards of education and their management and conduct of all departments of instruction.
Education Law section 3204(3) provides for required courses of study in the public schools and authorizes SED to alter the subjects of required instruction.
Education Law section 3713(1) and (2) authorize State and school districts to accept federal law making appropriations for educational purposes and authorize Commissioner to cooperate with federal agencies to implement such law.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents policy relating to public school and district accountability.
3. NEEDS AND BENEFITS:
At its October 2013 meeting, the Board of Regents directed the State Education Department (SED) to submit a request to the United States Department of Education (USDE) to waive provisions of the ESEA [Sections 1111(b)(1)(B) and 1111(b)(3)(C)(i)] that require states to measure the achievement of standards in mathematics using the same assessments for all students.
On December 20, 2013, USDE granted SED a one-year waiver (for the 2013-14 school year) from ESEA 1111(b)(1)(B) and 111(b)(3)(C)(i) so that the Department may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. However, the result on the Regents Examination in Algebra I (Common Core) or Geometry taken in grade 7 or 8 will not count towards the participation rate or the Performance Index in mathematics for the high school in which they later enroll.
Amendments to the Commissioner’s Regulations implementing the waiver for the 2013-2014 school year were adopted as emergency rules at the January 2014 (EDU-04-14-00004-EP; State Register 1/29/2014), February 2014 (EDU-04-14-00004-ERP; State Register 2/26/14) and March 2014 (EDU-04-14-00004-EL State Register 4/30/2014) Regents meetings, and as a permanent rule at the April 2014 Regents meeting (EDU-04-14-00004-A; State Register 5/14/2014).
On September 22, 2014, USDE granted SED an additional one-year waiver (for the 2014-15 school year) from the provisions of ESEA 1111(b)(1)(B) and 111(b)(3)(C)(i). The proposed amendment would continue for the 2014-15 school year the provisions that were implemented in the 2013-14 school year to determine how student results will be used for institutional accountability purposes:
• For students who attend grade 7 or 8 and take a Regents examination in mathematics in the 2014-15 school year, 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 (“full credit”) for purposes of calculating the high school performance index.
• 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 2014-15 school year, 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.
The proposed amendment will permit local educational agencies (LEAs) to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for ”double-testing” in grades 7 and 8. This provision also applies to students in grades 7 and 8 who receive instruction in Geometry and who take the Regents Examination in Geometry. The waiver serves to relieve students, teachers, and schools from having to prepare students in seventh and eighth grade who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
The proposed amendment also reflects the way in which student results will be used for institutional accountability purposes under the waiver:
• If a district opts to have accelerated students take the NYS Grade 7 or 8 Common Core Mathematics Test in addition to one or both Regents Examinations in Algebra, the results from the NYS Grade 7 or 8 Common Core Mathematics Test will be used for institutional accountability purposes rather than the results from a Regents Examination in mathematics. Students who take the Regents Examination in Algebra I (Common Core) in grade 7 or 8 will be counted as participants when determining the participation rate in mathematics for the school they attend in grade 7 or 8. The result on the Regents Examination in Algebra I (Common Core) taken in grade 7 or 8 will not count towards the participation rate in mathematics for the high school in which they later enroll. The same rule would apply for any students who take the Regents Examination in Geometry in grade 7 or 8.
• Results for students who take only the Regents Examination in Algebra I (Common Core) in grade 7 or 8 will be incorporated into the Performance Index for the school in which the student is enrolled. Grade 7 or 8 students who accelerate and obtain, at a minimum, the score on the Regents Examination in Algebra I (Common Core) necessary to meet Regents Diploma requirements will, for the purposes of calculating a school’s or a district’s Performance Index, be counted at the “full credit” level. Grade 7 or 8 students who do not obtain scores on the Regents Examination in Algebra I (Common Core) necessary to meet Regents Diploma requirements will earn the school or district ”no credit” for the student’s performance. The same rule will apply to seventh and eighth grade students who take another Regents Examination in mathematics (e.g., Geometry).
The waiver and proposed regulatory amendments pertain to institutional accountability requirements, not to the requirements that individual students must meet in order to graduate from high school. The waiver does not change (i.e., the waiver neither increases nor decreases) the requirements students must currently meet in order to obtain a diploma. However, for institutional accountability, high schools will only get credit in the Performance Index for Regents exams or their equivalents that are taken after a student first enters ninth grade, even if students have taken Regents exams in math or their equivalents in grade 7 or 8.
4. COSTS:
Cost to the State: none.
Costs to local government: none.
Cost to private regulated parties: none.
Cost to regulating agency for implementation and continued administration of this rule: none.
The proposed amendment provides flexibility to LEAs in the administration of Regents Mathematics examinations (Common Core) to students in grades 7and 8 and will not impose any additional costs on the State, local governments, private regulated parties or the State Education Department. The proposed amendment will reduce costs by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for "double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment provides flexibility to LEAs in the administration of Regents Mathematics examinations (Common Core) to students in grades 7 and 8, and will not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment will reduce compliance requirements and costs by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for "double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
6. PAPERWORK:
The proposed amendment does not impose any specific recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
The proposed amendment is necessary to conform the Commissioner's Regulations and otherwise implement an additional one-year waiver (for the 2014-2015 school year) granted by the USDE from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i). There were no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
The proposed amendment is necessary to conform the Commissioner's Regulations to, and otherwise implement, an additional one-year waiver (for the 2014-2015 school year) granted to the State Education Department by the USDE from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i) so that SED may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. The result on the Regents Examination in Algebra I (Common Core) or Geometry taken in grade 7 or 8 will not count towards the participation rate or the Performance Index in mathematics for the high school in which they later enroll.
10. COMPLIANCE SCHEDULE:
It is anticipated parties will be able to achieve compliance with the rule by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment relates to public school and school district accountability and is necessary to conform the Commissioner's Regulations to an additional one-year waiver (for the 2014-2015 school year) granted to the State Education Department (SED) by the United States Department of Education (USDE) from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i) so that SED may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. 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 proposed amendment applies to public schools, school districts and charter schools that receive funding as LEAs pursuant to the ESEA, and does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Governments:
1. EFFECT OF RULE:
The rule applies to public schools, school districts and charter schools that receive funding as LEAs pursuant to the Elementary and Secondary Education Act of 1965, as amended.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment provides flexibility to LEAs in the administration of Regents Mathematics examinations (Common Core) to students in grades 7and 8, and will not impose any additional compliance requirements upon local governments. The proposed amendment will reduce compliance requirements by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for ”double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional service requirements.
4. COMPLIANCE COSTS:
The proposed amendment provides flexibility to LEAs in the administration of Regents Mathematics examinations (Common Core) to students in grades 7 and 8 and will not impose any additional costs on local governments. The proposed amendment will reduce costs by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for ”double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The rule imposes no technological requirements on school districts. Costs are discussed under the Compliance Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to conform the Commissioner's Regulations and to otherwise implement an additional one-year waiver (for the 2014-2015 school year) granted to SED by the USDE from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i) so that SED may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. The result on the Regents Examination in Algebra I (Common Core) or Geometry taken in grade 7 or 8 will not count towards the participation rate or the Performance Index in mathematics for the high school in which they later enroll.
The proposed amendment will reduce compliance requirements and costs by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for ”double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed rule have been provided to District Superintendents with the request that they distribute it to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts and to charter schools.
8. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy relating to public school and school district accountability. Accordingly, there is no need for a shorter review period. Specifically, the proposed amendment conforms the Commissioner's Regulations to, and otherwise implements, an additional one-year waiver (for the 2014-2015 school year) granted to SED by the USDE from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i) so that SED may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. The result on the Regents Examination in Algebra I (Common Core) or Geometry taken in grade 7 or 8 will not count towards the participation rate or the Performance Index in mathematics for the high school in which they later enroll.
The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to public schools, school districts and charter schools that receive funding as LEAs pursuant to the Elementary and Secondary Education Act (ESEA) of 1965, as amended, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment provides flexibility to LEAs in the administration of Regents Mathematics examinations (Common Core) to students in grades 7and 8, and will not impose any additional compliance requirements upon local governments. The proposed amendment will reduce compliance requirements by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for ”double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
The proposed amendment imposes no additional professional service requirements.
3. COMPLIANCE COSTS:
The proposed amendment provides flexibility to LEAs in the administration of Regents Mathematics examinations (Common Core) to students in grades 7and 8 and will not impose any additional costs on local governments. The proposed amendment will reduce costs by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for ”double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to conform the Commissioner's Regulations to, and otherwise implement, an additional one-year waiver (for the 2014-2015 school year) granted to SED by the USDE from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i) so that SED may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. The result on the Regents Examination in Algebra I (Common Core) or Geometry taken in grade 7 or 8 will not count towards the participation rate or the Performance Index in mathematics for the high school in which they later enroll. The proposed amendment will reduce compliance requirements and costs by permitting LEAs to administer only the Regents Examination in Algebra I (Common Core) to these students during the 2013-2014 and 2014-2015 school years, thus eliminating the need for ”double-testing” in grades 7 and 8, and relieving students, teachers, and schools from having to prepare such students who are receiving instruction in Algebra I or Geometry for multiple end-of-year assessments The rule has been carefully drafted to meet specific federal and State requirements. Since these requirements apply to all local educational agencies in the State that receive ESEA funds, it is not possible to adopt different standards for school districts and charter schools in rural areas.
5. RURAL AREA PARTICIPATION:
The proposed amendment was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.
6. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy relating to public school and school district accountability. Accordingly, there is no need for a shorter review period. Specifically, the proposed amendment conforms the Commissioner's Regulations to, and otherwise implements, an additional one-year waiver (for the 2014-2015 school year) granted to SED by the USDE from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i) so that SED may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. The result on the Regents Examination in Algebra I (Common Core) or Geometry taken in grade 7 or 8 will not count towards the participation rate or the Performance Index in mathematics for the high school in which they later enroll.
The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Job Impact Statement
The proposed rule making relates to public school and school district accountability and is necessary to conform the Commissioner's Regulations to, and to otherwise implement, the one-year waiver (for the 2014-2015 school year) granted to the State Education Department by the United State Department of Education from Elementary and Secondary Education Act (ESEA) § § 1111(b)(1)(B) and 1111(b)(3)(C)(i) so that SED may use, with respect to a student who is not yet enrolled in high school but who takes mathematics coursework and the corresponding Algebra I or Geometry Regents Examination in grade 7 or 8, the student's score on that assessment for federal accountability purposes for the grade in which the student is enrolled. 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 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 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.
