Public school and school district accountability - annual measurable objectives (AMO).
Purpose:
To reset AMO for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-2011 school year.
Text of proposed rule:
Paragraph (14) of subdivision (p) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective July 15, 2011, as follows:
(14) Public school, school district and charter school accountability performance criteria. Each district and school accountability group, as defined in subparagraph (1)(i) of this subdivision shall be subject to the performance criteria specified below:
(i) . . .
(ii) . . .
(iii) Elementary-middle level English language arts. Annual measurable objectives, based on a performance index, set by the commissioner in 2005-2006 and, beginning in 2008-2009, increasing annually in equal increments through 2009-2010 and then reset at 122 in 2010-2011 and increasing annually in equal increments so as to reach 200 in 2013-2014.
(iv) . . .
(v) . . .
(vi) Elementary-middle level mathematics. Annual measurable objectives, based on a performance index, set by the commissioner in 2005-2006 and, beginning in 2008-2009, increasing annually in equal increments through 2009-2010 and then reset at 137 in 2010-2011 and increasing annually in equal increments so as to reach 200 in 2013-2014.
(vii) . . .
(viii) . . .
(ix) . . .
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-4921, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
John B. King, Jr., Senior Deputy Commissioner P-12, State Education Department, State Education Building, Room 125, 89 Washington Ave., Albany, NY 12234, (518) 474-3862, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner of Education as the Department's Chief Administrative Officer, which is charged with the general management and supervision of all public schools and the educational work of the State.
Education Law section 207 empowers the Regents and the Commissioner to adopt rules and regulations to carry out State education laws and the functions and duties conferred on the Department.
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 the 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 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.
Education Law section 3713(1) and (2) authorize the State and school districts to accept federal law making appropriations for educational purposes and authorize the Commissioner to cooperate with federal agencies to implement such law.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes, and is necessary to establish criteria and procedures to ensure State and local educational agency (LEA) compliance with the provisions of the federal No Child Left Behind Act of 2001 (NCLB), Public Law section 107-110, relating to academic standards and school and school district accountability. The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA).
The proposed amendment conforms the Commissioner's Regulations with recent amendments to the State's accountability plan that reset New York's annual measurable objective (AMO) for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
3. NEEDS AND BENEFITS:
The purpose of the proposed amendment is to conform the Commissioner's Regulations to New York State's approved amended accountability plan, as approved by the United States Department of Education (USDE). Adoption of the proposed amendment is necessary in order for New York to smoothly transition to the higher achievement standards for grades 3-8 in ELA and mathematics that have been established beginning with the 2009-2010 school year assessment results.
NCLB section 1111(b)(2) requires each state that receives funds to demonstrate, as part of its State Plan, that the state has developed and is implementing a single, statewide accountability system to ensure that all LEAs, public elementary schools and public high schools make adequate yearly progress (AYP). Each state must implement a set of yearly student academic assessments in specified subject areas that will be used as the primary means of determining the yearly performance of the state and each LEA and school in the state is enabling all children to meet the state's academic standards. The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA).
On February 14, 2011, the Assistant Secretary of the Office of Elementary and Secondary Education of the USDE, informed Commissioner Steiner that USDE had approved New York's request to amend its State accountability plan under Title I of the ESEA, as amended by the NCLB, to reset New York's AMO for grades 3-8 ELA and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. As a result, New York was approved to reset the AMO to a Performance Index of 122 for ELA and a Performance Index of 137 for mathematics for 2010-11, and increasing annually in equal increments so as to reach 200 in 2013-14. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
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 costs on the State, local governments or private regulated parties beyond those imposed by State and Federal statutes. The proposed amendment conforms the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's annual measurable objective (AMO) for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability under the federal No Child Left Behind Act (NCLB) , Public Law section 107-110. The State and local educational agencies (LEAs) are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment will not impose any additional program, service, duty or responsibility beyond those imposed by State and federal statutes. The proposed amendment is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE, that reset New York's AMO for grades 3-8 ELA and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. As a result, New York was approved to reset the AMO to a Performance Index of 122 for ELA and a Performance Index of 137 for mathematics for 2010-11, and increasing annually in equal increments so as to reach 200 in 2013-14. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
6. PAPERWORK:
The proposed amendment does not impose any additional reporting, forms, recordkeeping or other paperwork requirements. The proposed amendment is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE.
7. DUPLICATION:
The proposed amendment does not duplicate, overlap or conflict with State and federal rules or requirements, and is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE.
8. ALTERNATIVES:
There were no significant alternatives and none were considered. The proposed amendment has been carefully drafted to meet specific federal and State requirements relating to academic standards and school and school district accountability.
NCLB section 1111(b)(2) requires each state that receives funds to demonstrate, as part of its State Plan, that the state has developed and is implementing a single, statewide accountability system to ensure that all LEAs, public elementary schools and public high schools make adequate yearly progress (AYP). Each state must implement a set of yearly student academic assessments in specified subject areas that will be used as the primary means of determining the yearly performance of the state and each LEA and school in the state is enabling all children to meet the state's academic standards. The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA).
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's AMO for grades 3-8 ELA and mathematics beginning in the 2010-11 school year. As a result, New York was approved to reset the AMO to a Performance Index of 122 for ELA and a Performance Index of 137 for mathematics for 2010-11, and increasing annually in equal increments so as to reach 200 in 2013-14. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
9. FEDERAL STANDARDS:
The proposed amendment does not exceed any minimum standards of the federal government for the same or similar subject areas. The proposed amendment is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE.
10. COMPLIANCE SCHEDULE:
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's annual measurable objective (AMO) for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA).
It is anticipated that regulated parties may achieve compliance with the proposed amendment by its effective date.
Regulatory Flexibility Analysis
Small businesses:
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the United States Department of Education (USDE), that reset New York's annual measurable objective (AMO) for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
The proposed amendment applies to public schools that have been registered pursuant to section 100.2(p) of Commissioner's Regulations. The proposed amendment 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 government:
1. EFFECT OF RULE:
The proposed amendment generally applies to public schools, school districts and charter schools that receive funding as local educational agencies (LEAs) pursuant to the federal Elementary and Secondary Education Act of 1965 (ESEA), as amended.
2. COMPLIANCE REQUIREMENTS:
The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the ESEA. NCLB section 1111(b)(2) requires each state that receives funds to demonstrate, as part of its State Plan, that the state has developed and is implementing a single, statewide accountability system to ensure that all LEAs, public elementary schools and public high schools make adequate yearly progress (AYP). Each state must implement a set of yearly student academic assessments in specified subject areas that will be used as the primary means of determining the yearly performance of the state and each LEA and school in the state is enabling all children to meet the state's academic standards.
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's AMO for grades 3-8 ELA and mathematics beginning in the 2010-11 school year. As a result, New York was approved to reset the AMO to a Performance Index of 122 for ELA and a Performance Index of 137 for mathematics for 2010-11, and increasing annually in equal increments so as to reach 200 in 2013-14. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements on school districts.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on local governments beyond those imposed by State and federal statutes. The proposed amendment conforms the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's annual measurable objective (AMO) for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability under the federal No Child Left Behind Act (NCLB) , Public Law section 107-110. The State and local educational agencies (LEAs) are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements on school districts. Economic feasibility is addressed under the Compliance Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional costs or compliance requirements beyond those required under State and federal law. The proposed amendment has been carefully drafted to meet specific federal and State requirements relating to academic standards and school and school district accountability.
The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the ESEA. NCLB section 1111(b)(2) requires each state that receives funds to demonstrate, as part of its State Plan, that the state has developed and is implementing a single, statewide accountability system to ensure that all LEAs, public elementary schools and public high schools make adequate yearly progress (AYP). Each state must implement a set of yearly student academic assessments in specified subject areas that will be used as the primary means of determining the yearly performance of the state and each LEA and school in the state is enabling all children to meet the state's academic standards.
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's AMO for grades 3-8 ELA and mathematics beginning in the 2010-11 school year. As a result, New York was approved to reset the AMO to a Performance Index of 122 for ELA and a Performance Index of 137 for mathematics for 2010-11, and increasing annually in equal increments so as to reach 200 in 2013-14. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
Adoption of the proposed amendment is necessary to smoothly transition to higher achievement standards for grades 3-8 ELA and mathematics that have been established beginning with the 2009-2010 school year assessment results.
7. LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed amendment were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from the chief school officers of the five big city school districts. In addition, copies of the proposed amendment were provided to charter schools.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment applies to public schools, school districts and charter schools that receive funding as local educational agencies (LEAs) pursuant to the federal Elementary and Secondary Education Act of 1965 ESEA), 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 does not impose any reporting, recordkeeping or other compliance requirement on entities in rural areas beyond those imposed by State and federal law. The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the ESEA. NCLB section 1111(b)(2) requires each state that receives funds to demonstrate, as part of its State Plan, that the state has developed and is implementing a single, statewide accountability system to ensure that all LEAs, public elementary schools and public high schools make adequate yearly progress (AYP). Each state must implement a set of yearly student academic assessments in specified subject areas that will be used as the primary means of determining the yearly performance of the state and each LEA and school in the state is enabling all children to meet the state's academic standards.
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's AMO for grades 3-8 ELA and mathematics beginning in the 2010-11 school year. As a result, New York was approved to reset the AMO to a Performance Index of 122 for ELA and a Performance Index of 137 for mathematics for 2010-11, and increasing annually in equal increments so as to reach 200 in 2013-14. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
The proposed amendment does not impose any additional professional services requirements on school districts.
3. COSTS:
The proposed amendment does not impose any costs on entities in rural areas beyond those imposed by State and federal statutes. The proposed amendment conforms the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's annual measurable objective (AMO) for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability under the federal No Child Left Behind Act (NCLB) , Public Law section 107-110. The State and local educational agencies (LEAs) are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional costs or compliance requirements beyond those required under State and federal law. The proposed amendment has been carefully drafted to meet specific federal and State requirements relating to academic standards and school and school district accountability. Because these requirements are uniformly applicable State-wide to all public schools that have been registered pursuant to section 100.2(p) of the Commissioner's Regulations, it was not possible to prescribe lesser requirements for rural areas or to exempt them from such requirements.
The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the ESEA. NCLB section 1111(b)(2) requires each state that receives funds to demonstrate, as part of its State Plan, that the state has developed and is implementing a single, statewide accountability system to ensure that all LEAs, public elementary schools and public high schools make adequate yearly progress (AYP). Each state must implement a set of yearly student academic assessments in specified subject areas that will be used as the primary means of determining the yearly performance of the state and each LEA and school in the state is enabling all children to meet the state's academic standards.
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the USDE, that reset New York's AMO for grades 3-8 ELA and mathematics beginning in the 2010-11 school year. As a result, New York was approved to reset the AMO to a Performance Index of 122 for ELA and a Performance Index of 137 for mathematics for 2010-11, and increasing annually in equal increments so as to reach 200 in 2013-14. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability.
Adoption of the proposed amendment is necessary in order for New York to smoothly transition to the higher achievement standards for grades 3-8 in ELA and mathematics that have been established beginning with the 2009-2010 school year assessment results.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes schools located in rural areas. In addition, copies of the proposed rule were provided to charter schools.
Job Impact Statement
The proposed amendment is necessary to conform the Commissioner's Regulations with recent amendments to New York's State accountability plan, as approved by the United State Department of Education (USDE), that reset New York's annual measurable objective (AMO) for grades 3-8 English language arts (ELA) and mathematics beginning in the 2010-11 school year, as prescribed in New York's approved accountability workbook. The AMOs are used in determining whether adequate yearly progress is being met for purposes of ensuring school and school district accountability under the federal No Child Left Behind Act (NCLB) , Public Law section 107-110. The State and local educational agencies (LEAs) are required to comply with the NCLB as a condition to their receipt of federal funds under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended.
The proposed amendment applies to public schools, school districts and charter schools that receive funding as LEAs pursuant to the ESEA, as amended. The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the rule that it will have a positive impact, or 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.
