Home » 2014 Issues » July 30, 2014 » EDU-19-14-00005-A Student Promotion/placement and Permanent Records and Transcripts, and Grades 3-8 State ELA and Mathematics Assessments
EDU-19-14-00005-A Student Promotion/placement and Permanent Records and Transcripts, and Grades 3-8 State ELA and Mathematics Assessments
7/30/14 N.Y. St. Reg. EDU-19-14-00005-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 30
July 30, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-19-14-00005-A
Filing No. 597
Filing Date. Jul. 09, 2014
Effective Date. Jul. 30, 2014
Student Promotion/placement and Permanent Records and Transcripts, and Grades 3-8 State ELA and Mathematics Assessments
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 100.2, 100.3 and 100.4; and addition of section 104.3 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 207(not subdivided), 208(not subdivided), 209(not subdivided), 210(not subdivided), 215(not subdivided), 305(1), (2), (20), (45), (46), (47), 308(not subdivided), 309(not subdivided) and 3204(3); L. 2014, ch. 56, part AA, subparts B and C
Subject:
Student promotion/placement and permanent records and transcripts, and grades 3-8 State ELA and Mathematics assessments.
Purpose:
Conform Commissioner's Regulations to Education Law section 305(45), (46) and (47), as added by subparts B and C of part AA of L. 2014, ch. 56.
Text or summary was published
in the May 14, 2014 issue of the Register, I.D. No. EDU-19-14-00005-EP.
Final rule as compared with last published rule:
No changes.
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
Revised Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment is necessary to conform the Commissioner’s Regulations to Education Law 305(45), (46) and (47), as added by Part AA, Subparts B and C of Chapter 56 of the Laws of 2014. The proposed amendment relates to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement. 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 each of the 695 public school districts in the State.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment is necessary to conform the Commissioner’s Regulations to Education Law 305(45), (46) and (47), as added by Part AA, Subparts B and C of Chapter 56 of the Laws of 2014, and does not impose any additional compliance requirements upon school districts beyond those inherent in the statute.
Consistent with the statute, the proposed amendment provides that no school district shall make any student promotion or placement decisions based solely or primarily on student performance on the state administered standardized English language arts and mathematics assessments for grades three through eight. However, a school district may consider student performance on such state assessments provided that the school district uses multiple measures in addition to such assessments and that such assessments do not constitute the major factor in such determinations.
Consistent with the statute, the proposed amendment further requires each school district to adopt a grade promotion and placement policy that is consistent with sections 100.3(b)(2)(iv), 100.4(b)(2)(v) and 100.4(e)(6) of this Commissioner’s Regulations, and annually notify the parents and persons in parental relation to the students attending such district of such policy along with an explanation of how the policy was developed. Such notification may be provided on the school district’s website, if one exists, or as part of an existing informational document that is provided to parents and persons in parental relation. The proposed amendment imposes no additional professional service requirements.
Consistent with the statute, the proposed amendment also provides, for the period commencing on April 1, 2014 and expiring on December 31, 2018, that no school district or board of cooperative educational services may place or include on a student’s official transcript or maintain in a student’s permanent record any individual student score on a State administered standardized English language arts or mathematics assessment for grades three through eight, and that any test results on such assessments sent to parents/persons in parental relation include a clear and conspicuous notice that such results will not be included on the student’s official transcript or in the student’s permanent record and are being provided to the student and parents/persons in parental relation for diagnostic purposes.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional service requirements on school districts.
4. COMPLIANCE COSTS:
The proposed amendment is necessary to conform the Commissioner’s Regulations to Chapter 56 of the Laws of 2014, and does not impose any additional costs on school districts beyond those inherent in the statute.
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 merely conforms the Commissioner’s Regulations to Chapter 56 of the Laws of 2014, and does not impose any additional compliance requirements or costs on school districts beyond those inherent in the statute.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed rule have been provided to District Superintendents with the request that they distribute it to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts.
8. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement statutory requirements in Education Law 305(45), (46) and (47), as added by Part AA, Subparts B and C of Chapter 56 of the Laws of 2014, and therefore the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. 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.
Revised Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to each of the 695 public school districts in the State, 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 Education Law 305(45), (46) and (47), as added by Part AA, Subparts B and C of Chapter 56 of the Laws of 2014, and does not impose any additional compliance requirements upon school districts in rural areas beyond those inherent in the statute.
Consistent with the statute, the proposed amendment provides that no school district shall make any student promotion or placement decisions based solely or primarily on student performance on the state administered standardized English language arts and mathematics assessments for grades three through eight. However, a school district may consider student performance on such state assessments provided that the school district uses multiple measures in addition to such assessments and that such assessments do not constitute the major factor in such determinations.
Consistent with the statute, the proposed amendment requires each school district to adopt a grade promotion and placement policy that is consistent with sections 100.3(b)(2)(iv), 100.4(b)(2)(v) and 100.4(e)(6) of this Commissioner’s Regulations, and annually notify the parents and persons in parental relation to the students attending such district of such policy along with an explanation of how the policy was developed. Such notification may be provided on the school district’s website, if one exists, or as part of an existing informational document that is provided to parents and persons in parental relation.
Consistent with the statute, the proposed amendment also provides, for the period commencing on April 1, 2014 and expiring on December 31, 2018, that no school district or board of cooperative educational services may place or include on a student’s official transcript or maintain in a student’s permanent record any individual student score on a State administered standardized English language arts or mathematics assessment for grades three through eight, and that any test results on such assessments sent to parents/persons in parental relation include a clear and conspicuous notice that such results will not be included on the student’s official transcript or in the student’s permanent record and are being provided to the student and parents/persons in parental relation for diagnostic purposes.
The proposed amendment imposes no additional professional service requirements.
3. COMPLIANCE COSTS:
The proposed amendment is necessary to conform the Commissioner’s Regulations to Chapter 56 of the Laws of 2014 and does not impose any additional costs on school districts beyond those inherent in the statute.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is merely conforms the Commissioner’s Regulations to Chapter 56 of the Laws of 2014, and does not impose any additional compliance requirements or costs on school districts beyond those inherent in the statute. Because the statutory requirement upon which the proposed amendment is based applies to all school districts in the State, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt schools in rural areas from coverage by the proposed amendment.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
6. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement statutory requirements Education Law 305(45), (46) and (47), as added by Part AA, Subparts B and C of Chapter 56 of the Laws of 2014, and therefore the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. 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.
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.
Assessment of Public Comment
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on May 14, 2014, the State Education Department received the following comment.
COMMENT:
The application of the rule’s requirements to charter schools unlawfully conflicts with the New York State Education Law, and further undermines charter schools’ longstanding autonomy regarding their educational programming.
DEPARTMENT RESPONSE:
The proposed rule is necessary to conform the Commissioner’s Regulations to Subparts B and C of Part AA of Chapter 56 of the Laws of 2014, which became effective April 1, 2014. Consistent with the statute, the proposed rule by its terms applies to school districts and boards of cooperative educational services (BOCES). However, it appears that the previously published Regulatory Flexibility Analysis and the Rural Area Flexibility Analysis inadvertently included references to charter schools in their respective analyses. The Department has therefore prepared a Revised Regulatory Flexibility Analysis and Revised Rural Area Flexibility Analysis to delete such references and has submitted them for publication herein with the Notice of Adoption.
