EDU-26-10-00008-E School and School District Accountability
7/14/10 N.Y. St. Reg. EDU-26-10-00008-E
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 28
July 14, 2010
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY RULE MAKING
I.D No. EDU-26-10-00008-E
Filing No. 698
Filing Date. Jun. 29, 2010
Effective Date. Jun. 29, 2010
School and School District Accountability
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 100.2(p)(1) of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 207(not subdivided), 210(not subdivided), 215(not subdivided), 305(1), (2), (20), 309(not subdivided) and 3713(1) and (2)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
On June 9, 2010, Thelma Melèndez de Santa Ana, the Assistant Secretary of the Office of Elementary and Secondary Education of the United States Department of Education (USDE), informed Commissioner Steiner that USDE had approved New York's request to amend its State accountability plan under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act OF 2001 (NCLB), Public Law section 107-110, to include in the students with disabilities (SWD) subgroup, students who had previously been identified as SWD during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress.
The purpose of the proposed amendment is to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year.
Emergency adoption of these regulations is necessary for the preservation of the general welfare in order to immediately conform the Commissioner's Regulations with New York State's approved amended accountability plan by including in the students with disabilities (SWD) subgroup, students no longer identified as SWD but who had been so identified during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress, and thereby provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year.
It is anticipated that the proposed amendment will be presented to the Board of Regents for permanent adoption at its September 13-14, 2010 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.
Subject:
School and School District Accountability.
Purpose:
To conform the Commissioner's Regulations with New York's approved amended NCLB accountability plan.
Text of emergency rule:
Subparagraph (i) of paragraph (1) of subdivision (p) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective June 29, 2010 as follows:
(i) Accountability groups shall mean, for each public school, school district and charter school, those groups of students for each grade level or annual high school cohort, as described in paragraph (16) of this subdivision comprised of: all students; students from major racial and ethnic groups, as set forth in subparagraph (bb)(2)(v) of this section; students with disabilities, as defined in section 200.1 of this Title, including, beginning with the 2009-2010 school year, students no longer identified as students with disabilities but who had been so identified during the preceding one or two school years; students with limited English proficiency, as defined in Part 154 of this Title, including, beginning with the 2006-2007 school year, a student previously identified as a limited English proficient student during the preceding one or two school years; and economically disadvantaged students, as identified pursuant to section 1113(a)(5) of the NCLB, 20 U.S.C. section 6316(a)(5) (Public Law, section 107-110, section 1113(a)(5), 115 STAT, 1469; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234). The school district accountability groups for each grade level will include all students enrolled in a public school in the district or placed out of the district for educational services by the district committee on special education or a district official.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-26-10-00008-P, Issue of June 30, 2010. The emergency rule will expire September 26, 2010.
Text of 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
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Board of Regents to appoint the Commissioner of Education as the Chief Administrative Officer of the Department, 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 the laws of the State regarding education 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 New York 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 provides the Commissioner with the authority 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 that the Commissioner, as chief executive officer of the State system of education, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or any statute relating to education, and shall be responsible for executing all educational policies determined by the Regents. Section 305(20) provides that the Commissioner shall have and execute such further powers and duties as he shall be charged with 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) authorizes the State and school districts to accept federal law making appropriations for educational purposes and authorizes the Commissioner to cooperate with federal agencies to implement such law.
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 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/district accountability.
NEEDS AND BENEFITS:
Commissioner's Regulations section 100.2(p)(1)(i) has been amended to establish criteria and procedures to ensure State and local educational agency compliance with the provisions of the NCLB relating to academic standards and school and school district accountability. 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, as amended (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 in enabling all children to meet the State's academic achievement standards.
On June 9, 2010, Thelma Melendez de Santa Ana, Assistant Secretary of the Office of Elementary and Secondary Education of the United States Department of Education (USDE), informed Commissioner Steiner that USDE had approved New York's request to amend its State accountability plan to include in the students with disabilities subgroup, students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress.
The proposed amendment is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year, and will make the accountability rules for former students with disabilties consistent with rules currently applied to former limited English proficient students.
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 is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students withdisabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress. The proposed amendment will not impose any costs on the State, the State Education Department or LEAs beyond those imposed by State and federal statutes.
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, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress.
PAPERWORK:
The proposed amendment does not impose any additional reporting, forms 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, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress.
DUPLICATION:
The proposed amendment does not duplicate, overlap or conflict with State and federal rules or 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, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress.
ALTERNATIVES:
There were no significant alternatives to the proposed amendment and none were considered. The proposed amendment is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year, and will make the accountability rules for former students with disabilities consistent with rules currently applied to former limited English proficient students.
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, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress.
COMPLIANCE SCHEDULE:
The proposed amendment is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the USDE, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress. The State and LEAs are required to comply with the NCLB as a condition to their receipt of federal funding under Title I of the ESEA, as amended.
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 to New York State's amended accountability plan, as approved by the United State Department of Education, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year. The proposed amendment applies to school districts and charter schools.
The proposed amendment does not impose any adverse economic impact, reporting, recordkeeping 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:
EFFECT OF RULE:
The proposed amendment applies to school districts and charter schools.
COMPLIANCE REQUIREMENTS:
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, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year, and will make the accountability rules for former students with disabilities consistent with rules currently applied to former limited English proficient students.
PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements on school districts or charter schools.
COMPLIANCE COSTS:
The proposed amendment will not impose any costs on the State, the State Education Department or LEAs 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, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements on school districts and charter schools. Economic feasibility is addressed under the Compliance Costs section above.
MINIMIZING ADVERSE IMPACT:
Commissioner's Regulations section 100.2(p)(1)(i) has been amended to establish criteria and procedures to ensure State and local educational agency compliance with the provisions of the NCLB relating to academic standards and school and school district accountability. 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, as amended (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 in enabling all children to meet the State's academic achievement standards.
The proposed amendment will not impose any additional program, service, duty, responsibility or costs 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. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year, and will make the accountability rules for former students with disabilities consistent with rules currently applied to former limited English proficient students.
LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed amendment have been solicited from school districts through the offices of the district superintendents of each supervisory district in the State. In addition, copies of the proposed amendment have been provided to each charter school to give them an opportunity to participate in this proposed rule making. Copies of the proposed amendment have also been provided to the State Committee of Practitioners (COP), which consists of teachers, parents, district and building-level administrators, members of local school boards, and pupil personnel services staff, who are representative of all constituencies from various geographical locations across the State. The COP includes teachers and paraprofessionals from around the State representing a variety of grade levels and subject areas, directors of teacher-preparation institutions, officials and educators representing the New York City Board of Education, several other urban and rural school systems, nonpublic schools, parent advocacy groups, teacher union representatives and community-based organizations.
Rural Area Flexibility Analysis
TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment applies to school districts and charter schools, 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.
REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
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 United States Department of Education (USDE), to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress (AYP). Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year, and will make the accountability rules for former students with disabilities consistent with rules currently applied to former limited English proficient students.
The proposed amendment does not impose any additional professional services requirements on school districts or charter schools.
COSTS:
The proposed amendment will not impose any costs on the State, the State Education Department or local educational agencies (LEAs) 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, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating AYP.
MINIMIZING ADVERSE IMPACT:
Commissioner's Regulations section 100.2(p)(1)(i) has been amended to establish criteria and procedures to ensure State and local educational agency compliance with the provisions of the No Child Left Behind Act of 2001 (NCLB) 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 (ESEA), as amended.
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 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 in enabling all children to meet the State's academic achievement standards.
The proposed amendment will not impose any additional program, service, duty, responsibility or costs 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. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year, and will make the accountability rules for former students with disabilities consistent with rules currently applied to former limited English proficient students. Because these Federal and State requirements are uniformly applicable State-wide to school districts and charter schools, it was not possible to prescribe lesser requirements for rural areas or to exempt them from such requirements.
RURAL AREA PARTICIPATION:
Comments on the proposed amendment have been solicited from the Department's Rural Advisory Committee, whose membership includes schools located in rural areas. In addition, copies of the proposed amendment will be provided to each charter school. Copies of the proposed amendment have also been provided to the State Committee of Practitioners (COP), which consists of teachers, parents, district and building-level administrators, members of local school boards, and pupil personnel services staff, who are representative of all constituencies from various geographical locations across the State. The COP includes teachers and paraprofessionals from around the State representing a variety of grade levels and subject areas, directors of teacher-preparation institutions, officials and educators representing the New York City Board of Education, several other urban and rural school systems, nonpublic schools, parent advocacy groups, teacher union representatives and community-based organizations.
Job Impact Statement
The proposed amendment is necessary to conform the Commissioner's Regulations to New York State's amended accountability plan, as approved by the United State Department of Education, to allow inclusion in the students with disabilities subgroup, those students who had previously been identified as students with disabilities during the preceding one or two school years, for purposes of calculating Adequate Yearly Progress. Adoption of the proposed amendment will provide a more accurate account of the academic progress that schools and districts are making with students with disabilities commencing with the 2009-2010 school year.
The proposed amendment applies to school districts, boards of cooperative educational services (BOCES) and charter schools. Local educational agencies, including school districts, BOCES and charter schools, are required to comply with the requirements of the NCLB as a condition to their receipt of federal funding under Title I of the Elementary and Secondary Education Act of 1965, 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.
