School accountability - high school performance levels and performance index.
Purpose:
To align Commissioner’s Regulations with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
Text of final rule:
Paragraphs (14) and (15) of subdivision (b) of section 100.18 of the Regulations of the Commissioner of Education are amended, effective December 3, 2014, as follows:
(14) Performance levels shall mean:
(i) . . .
(ii) 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.
(iii) 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;
(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;
[(iii)] (iv) Notwithstanding the provisions of this section:
(a) . . .
(b) . . .
(c) . . .
(15) Performance index shall be calculated based on the student performance levels as follows:
(i) . . .
(ii) 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.
(iii) 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.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 100.18(b)(14).
Text of 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@nysed.gov
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on September 10, 2014, a nonsubstantial grammatical revision was made in subparagraph (ii) of paragraph (14) of subdivision (b) of section 100.18 to add “a” to the phrase “or using a State alternate assessment [emphasis supplied].”
The above nonsubstantial revision does not require any changes to the previously published Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on September 10, 2014, a nonsubstantial revision was made to the proposed regulation as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above nonsubstantial revision does not require any changes to the previously published Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on September 10, 2014, a nonsubstantial revision was made to the proposed regulation as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above nonsubstantial revision does not require any changes to the previously published Rural Area Flexibility Analysis.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on September 10, 2014, a nonsubstantial revision was made to the proposed regulation as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The proposed amendment, as revised, relates to public school and school district accountability and is necessary to align the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics. The revised proposed amendment 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 amendment 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.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
