Home » 2015 Issues » April 29, 2015 » EDU-17-15-00003-EP Elementary and Secondary Education Act (ESEA) Flexibility and School and School District Accountability
EDU-17-15-00003-EP Elementary and Secondary Education Act (ESEA) Flexibility and School and School District Accountability
4/29/15 N.Y. St. Reg. EDU-17-15-00003-EP
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 17
April 29, 2015
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-17-15-00003-EP
Filing No. 274
Filing Date. Apr. 14, 2015
Effective Date. Apr. 14, 2015
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 action:
Proposed Action:
Amendment of section 100.18(f) and (g) of Title 8 NYCRR.
Specific reasons underlying the finding of necessity:
The purpose of the proposed rule making is to implement New York State's submitted Elementary and Secondary Education Act (ESEA) Flexibility Waiver Renewal Request.
At the February 2014 meeting, the Board of Regents directed the State Education Department (SED or “the Department”) to submit a request to the United States Department of Education (USDE) to amend the provisions of the approved ESEA Flexibility Waiver Request related to making adequate yearly progress (AYP). The proposed rule-making conforms subdivision 100.18(f) of the Commissioner’s Regulations with the submitted ESEA Flexibility Waiver Renewal Request, and addresses the Regents Reform Agenda and New York State's updated accountability system and also clarifies the process by which schools are identified as Local Assistance Plan Schools pursuant to subdivision 100.18(g) of the Commissioner’s Regulations. Adoption of the proposed amendment is necessary to ensure a seamless transition to the revised school and school district accountability plan under the Waiver.
Because the Board of Regents meets at scheduled intervals, the July 20-21, 2015 meeting is the earliest the proposed amendment could be presented for adoption, after publication of a Notice of Proposed Rule Making in the State Register and expiration of the 45-day public comment period required under the State Administrative Procedure Act. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the July meeting, would be August 5, 2015, the date a Notice of Adoption would be published in the State Register. However, emergency adoption of the proposed amendment is necessary now for the preservation of the general welfare to immediately conform the Commissioner's Regulations to timely implement New York State's approved ESEA Flexibility Waiver, so that school districts may timely meet school/school district accountability requirements for the 2014-2015 school year and beyond, consistent with the approved ESEA Flexibility Waiver and pursuant to statutory requirements.
It is anticipated that the proposed amendment will be presented to the Board of Regents for permanent adoption at its July 20-21, 2015 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.
Subject:
Elementary and Secondary Education Act (ESEA) Flexibility and school and school district accountability.
Purpose:
To conform the Commissioner's Regulations to New York State's ESEA Flexibility Waiver Renewal application with respect to Adequate Yearly Progress (AYP) and Local Assistance Plan (LAP) schools.
Text of emergency/proposed rule:
Subdivisions (f) and (g) of section 100.18 of the Regulations of the Commissioner are amended, effective April 14, 2015, as follows:
(f) Adequate yearly progress.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(7) . . .
(8) . . .
(9) Effective with 2013-14 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 (1) and (2) of subdivision (j) 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 based on the subsequent school year results, the commissioner shall designate public schools requiring a local assistance plan.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) School requiring a local assistance plan.
(i) Beginning with the [2011-2012] 2013-14 school year results and annually thereafter, 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) 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 (5)(ii) of this subdivision, and such other measures of progress as determined by the Commissioner pursuant to subparagraph (ii) of this paragraph.
(ii) Notwithstanding the provisions of clauses (a) through (c) of subparagraph (i) of this subdivision, the commissioner may consider other measures of progress in determining whether to identify a school as a local assistance plan school, 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.
[(ii)] (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.
[(iii)] (iv) 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.
(7) . . .
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 12, 2015.
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@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@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 the existence of the State Education Department, with Board of Regents as its head, and authorizes the Regents to appoint the Commissioner of Education as Department's Chief Administrative Officer, who is charged with general management and supervision of all public schools and educational work of State.
Education Law section 207 empowers the Regents and Commissioner to adopt rules and regulations to carry out State education laws and functions and duties conferred on the 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 the 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 the Commissioner to require schools and school districts to submit reports containing such information as the Commissioner shall prescribe.
Education Law section 305(1) and (2) provide the 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 the 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 the 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 and federal requirements relating to New York State’s approved Elementary and Secondary Education Act (ESEA) Flexibility Waiver.
3. NEEDS AND BENEFITS:
The proposed amendment is necessary to conform the Commissioner’s Regulations to New York State’s approved ESEA Flexibility Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistant Plan (LAP) schools, for school district/school accountability purposes.
In September 2011, President Obama announced an ESEA regulatory flexibility initiative, based upon the Secretary of Education’s authority to issue waivers. In October 2011, the Board of Regents directed the Commissioner to submit an ESEA Flexibility Request to the United States Department of Education (USDE). On May 29, 2012, the USDE approved New York State’s ESEA Flexibility Waiver Request. In September 2013, the USDE offered states with approved ESEA Flexibility Waivers the opportunity to renew those waivers for the 2014-15 school year.
At its February 2014 meeting, the Board of Regents directed the State Education Department to submit a request to the United States Department of Education (USDE) to amend the provisions of the approved ESEA Flexibility Waiver Request related to determinations of AYP. These changes were approved by the USDE on July 31, 2014. A subsequent review of Commissioner’s Regulations has determined that a technical amendment is necessary to conform regulatory language to the approved ESEA Flexibility Waiver Request.
In addition, Department staff convened a workgroup of districts that have or have had schools identified LAP and conducted an online survey of such districts. As a result of this feedback, Department staff is proposing technical changes to the regulations to clarify that the Commissioner will not identify any schools that meet progress criteria established by the Commissioner as LAP Schools.
The proposed amendment will amend subdivision 100.18(f) of Commissioner's Regulations to align it with New York’s approved ESEA Flexibility Waiver Renewal Application and 100.18(g) to clarify the methodology for identification of LAP Schools. The proposed amendments will:
• Give schools and districts credit for making Adequate Yearly Progress (AYP) with the “all students group” when all other accountability groups for which a school or district is accountable make AYP on an English language arts or mathematics performance criterion, as specified in New York’s approved ESEA waiver; and
• Clarify that the Commissioner may consider additional measures in determining whether to identify a school as a LAP, including, but not limited to the following: whether a subgroup has made AYP; the subgroup’s Student Growth Percentile (SGP); 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; whether the graduation rate of the subgroup is above state average; and if the subgroup’s performance on an accountability measure has changed from year to year.
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 does not impose any direct costs on the State, local governments, private regulated parties or the State Education Department. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing staff and resources.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment relates to State and Federal standards for public school and school district accountability and will not impose any additional program, service, duty or responsibility upon local governments.
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:
There were no significant alternatives and none were considered. The proposed amendment relates to public school and school district accountability and is necessary to conform the Commissioner’s Regulations to New York State’s approved ESEA Waiver Renewal Request relating to the methodology for determining AYP and the identification of LAP schools, for purposes of school district/school accountability. The State and 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.
9. FEDERAL STANDARDS:
The proposed amendment is necessary to conform the Commissioner’s Regulations to New York State’s approved ESEA Waiver Renewal Request relating to the methodology for determining AYP and the identification of LAP schools, for purposes of school district/school accountability. The State and 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.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed 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 New York State’s approved Elementary and Secondary Education Act (ESEA) Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistance Plan (LAP) schools, for purposes of school district/school accountability. 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 proposed amendment 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 is necessary to conform the Commissioner’s Regulations to New York State’s approved ESEA Flexibility Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistant Plan (LAP) schools, for school district/school accountability purposes.
In September 2011, President Obama announced an ESEA regulatory flexibility initiative, based upon the Secretary of Education’s authority to issue waivers. In October 2011, the Board of Regents directed the Commissioner to submit an ESEA Flexibility Request to the United States Department of Education (USDE). On May 29, 2012, the USDE approved New York State’s ESEA Flexibility Waiver Request. In September 2013, the USDE offered states with approved ESEA Flexibility Waivers the opportunity to renew those waivers for the 2014-15 school year.
At its February 2014 meeting, the Board of Regents directed the State Education Department to submit a request to the United States Department of Education (USDE) to amend the provisions of the approved ESEA Flexibility Waiver Request related to determinations of AYP. These changes were approved by the USDE on July 31, 2014. A subsequent review of the Commissioner’s Regulations has determined that a technical amendment is necessary to conform regulatory language to the approved ESEA Flexibility Waiver Request.
In addition, Department staff convened a workgroup of districts that have or have had schools identified LAP and conducted an online survey of such districts. As a result of this feedback, Department staff is proposing technical changes to the regulations to clarify that the Commissioner will not identify any schools that meet progress criteria established by the Commissioner as LAP Schools.
The proposed amendment will amend subdivision 100.18(f) of Commissioner's Regulations to align it with New York’s approved ESEA Flexibility Waiver Renewal Application and 100.18(g) to clarify the methodology for identification of LAP Schools. The proposed amendments will:
• Give schools and districts credit for making Adequate Yearly Progress (AYP) with the “all students group” when all other accountability groups for which a school or district is accountable make AYP on an English language arts or mathematics performance criterion, as specified in New York’s approved ESEA waiver; and
• Clarify that the Commissioner may consider additional measures in determining whether to identify a school as a LAP, including, but not limited to the following: whether a subgroup has made AYP; the subgroup’s Student Growth Percentile (SGP); 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; whether the graduation rate of the subgroup is above state average; and if the subgroup’s performance on an accountability measure has changed from year to year.
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any direct costs on school districts or charter schools. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing staff and resources.
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 relates to public school and school district accountability and is necessary to conform the Commissioner’s Regulations to New York State’s approved Elementary and Secondary Education Act (ESEA) Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistance Plan (LAP) schools, for purposes of school district/school accountability. 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 has been carefully drafted to meet specific federal and State requirements, and does not impose any additional compliance requirements or costs beyond those inherent in such federal and State requirements.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment 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:
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 conform the Commissioner’s Regulations to New York State’s approved ESEA Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistance Plan (LAP) schools, for purposes of school district/school accountability. Accordingly, there is no need for a shorter review period. 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 16. of the Notice of Emergency Adoption and 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 is necessary to conform the Commissioner’s Regulations to New York State’s approved ESEA Flexibility Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistant Plan (LAP) schools, for school district/school accountability purposes.
In September 2011, President Obama announced an ESEA regulatory flexibility initiative, based upon the Secretary of Education’s authority to issue waivers. In October 2011, the Board of Regents directed the Commissioner to submit an ESEA Flexibility Request to the United States Department of Education (USDE). On May 29, 2012, the USDE approved New York State’s ESEA Flexibility Waiver Request. In September 2013, the USDE offered states with approved ESEA Flexibility Waivers the opportunity to renew those waivers for the 2014-15 school year.
At its February 2014 meeting, the Board of Regents directed the State Education Department to submit a request to the United States Department of Education (USDE) to amend the provisions of the approved ESEA Flexibility Waiver Request related to determinations of AYP. These changes were approved by the USDE on July 31, 2014. A subsequent review of the Commissioner’s Regulations has determined that a technical amendment is necessary to conform regulatory language to the approved ESEA Flexibility Waiver Request.
In addition, Department staff convened a workgroup of districts that have or have had schools identified LAP and conducted an online survey of such districts. As a result of this feedback, Department staff is proposing technical changes to the regulations to clarify that the Commissioner will not identify any schools that meet progress criteria established by the Commissioner as LAP Schools.
The proposed amendment will amend subdivision 100.18(f) of Commissioner's Regulations to align it with New York’s approved ESEA Flexibility Waiver Renewal Application and 100.18(g) to clarify the methodology for identification of LAP Schools. The proposed amendments will:
• Give schools and districts credit for making Adequate Yearly Progress (AYP) with the “all students group” when all other accountability groups for which a school or district is accountable make AYP on an English language arts or mathematics performance criterion, as specified in New York’s approved ESEA waiver; and
• Clarify that the Commissioner may consider additional measures in determining whether to identify a school as a LAP, including, but not limited to the following: whether a subgroup has made AYP; the subgroup’s Student Growth Percentile (SGP); 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; whether the graduation rate of the subgroup is above state average; and if the subgroup’s performance on an accountability measure has changed from year to year.
The proposed amendment imposes no additional professional service requirements.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any direct costs on school districts or charter schools in rural areas. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing staff and resources.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment relates to public school and school district accountability and is necessary to conform the Commissioner’s Regulations to New York State’s approved Elementary and Secondary Education Act (ESEA) Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistance Plan (LAP) schools, for purposes of school district/school accountability. 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 has been carefully drafted to meet specific federal and State requirements and does not impose any additional compliance requirements or costs beyond those inherent in such 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:
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 conform the Commissioner’s Regulations to New York State’s approved ESEA Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistance Plan (LAP) schools, for purposes of school district/school accountability. Accordingly, there is no need for a shorter review period. 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 16. of the Notice of Emergency Adoption and 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 amendment relates to public school and school district accountability and is necessary to conform the Commissioner’s Regulations to New York State’s approved Elementary and Secondary Education Act (ESEA) Waiver Renewal Request relating to the methodology for determining Adequate Yearly Progress (AYP) and the identification of Local Assistance Plan (LAP) schools, for purposes of school district/school accountability. 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 will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the 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.
