School accountability – high school performance levels and performance index.
Purpose:
To align Commissioner’s Regulations with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
Text of proposed rule:
Paragraphs (14) and (15) of subdivision (b) of section 100.18 of the Regulations of the Commissioner of Education are amended, effective December 3, 2014, as follows:
(14) Performance levels shall mean:
(i) . . .
(ii) for high school when using Regents examinations based on 2005 Learning Standards or the State alternate assessment:
(a) level 1 (well below proficient):
(1) a score of 64 or less on the Regents comprehensive examination in English or a Regents mathematics examination;
(2) a failing score on a State-approved alternative examination for those Regents examinations;
(3) a score of level 1 on a State alternate assessment;
(4) a cohort member who has not been tested on the Regents comprehensive examination in English or a Regents mathematics examination or State-approved alternative examination for these Regents examinations;
(b) level 2 (below proficient):
(1) a score between 65 and 74 on the Regents comprehensive examination in English or between 65 and 79 on a Regents examination in mathematics;
(2) a score of level 2 on a State alternate assessment;
(c) level 3 (proficient):
(1) a score between 75 and 89 on the Regents comprehensive examination in English or between 80 and 89 on a Regents examination in mathematics; or a passing score on a State-approved alternative to those Regents examinations;
(2) a score of level 3 on a State alternate assessment;
(d) level 4 (excels in standards):
(1) a score of 90 or higher on the Regents comprehensive examination in English or a Regents mathematics examination;
(2) a score of level 4 on a State alternate assessment.
(iii) for high school when using Regents examinations measuring the Common Core Learning Standards:
(a) level 1 (does not demonstrate knowledge and skills for Level 2):
(1) a score of level 1 on the Regents examination in English language arts or a Regents mathematics examination;
(2) a failing score on a State-approved alternative examination for those Regents examinations;
(3) a cohort member who has not been tested on the Regents examination in English language arts or a Regents mathematics examination or State-approved alternative examination for these Regents examinations;
(b) level 2 (partially meets Common Core expectations, i.e., Local Diploma level):
(1) a score of level 2 on the Regents examination in English language arts or a Regents examination in mathematics;
(1) a score of level 3 on the Regents examination in English language arts or a Regents Examination in mathematics;
(d) level 4 (meets Common Core expectations):
(1) a score of Level 4 on the Regents examination in English language arts or a Regents examination in mathematics;
(2) a passing score on a State-approved alternative examination for those Regents examinations.
(e) level 5 (Exceeds Common Core expectations):
(1) a score of level 5 on the Regents examination in English language arts or a Regents examination in mathematics;
[(iii)] (iv) Notwithstanding the provisions of this section:
(a) . . .
(b) . . .
(c) . . .
(15) Performance index shall be calculated based on the student performance levels as follows:
(i) . . .
(ii) For high school when using Regents examinations based on 2005 Learning Standards, each student scoring at level 1 will be credited with 0 points, each student scoring at level 2 with 100 points, and each student scoring at level 3 or 4 with 200 points. The performance index for each accountability group will be calculated by summing the points and dividing by the number of students in the group.
(iii) For high school when using Regents examinations measuring the Common Core Learning Standards, each student scoring at level 1 and Level 2 will be credited with 0 points, each student scoring at level 3 with 100 points, and each student scoring at level 4 or 5 with 200 points. For high school when using the State alternate assessment commencing with the 2013-14 school year, each student scoring at level 1 will be credited with 0 points, each student scoring at level 2 with 100 points, and each student scoring at level 3 or 4 with 200 points. The performance index for each accountability group will be calculated by summing the points and dividing by the number of students in the group.
Text of proposed 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@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues existence of Education Department, with Board of Regents as its head, and authorizes Regents to appoint Commissioner of Education as Department's Chief Administrative Officer, which is charged with general management and supervision of all public schools and educational work of State.
Education Law section 207 empowers Regents and Commissioner to adopt rules and regulations to carry out State education laws and functions and duties conferred on 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 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 Commissioner to require schools and school districts to submit reports containing such information as Commissioner shall prescribe.
Education Law section 305(1) and (2) provide 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 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 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.
3. NEEDS AND BENEFITS:
The proposed amendment is necessary to align the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
In June 2014, the Board of Regents established five levels of performance on the new English language arts and mathematics Regents Examinations that measure the Common Core Learning Standards (CCLS).
Under current Commissioner’s Regulations, for Regents Examinations results based on the 2005 learning standards, schools and districts receive no credit on the High School Performance Index when a student scores at Level 1 (below 65) on the examination, partial credit when the student scores at Level 2 (between 65 and the aspirational performance measure) and full credit when the student performs at Level 3 and 4 (at or above the aspirational performance measure).
The proposed amendment will provide that, for Regents Examination results based on Common Core assessments, schools and districts will receive no credit when a student scores at Levels 1 or 2 (below 65) on the examination, partial credit when the student scores at Level 3 (between 65 and the cut point for meeting the Common Core learning expectations) and full credit when the student performs at Level 4 and 5 (meeting or exceeding the Common Core learning expectations). For students who take the New York State Alternate Assessment (NYSAA), which is now aligned to the CCLS, schools and districts would continue to receive no credit for student performance at Level 1, partial credit for student performance at Level 2, and full credit for student performance at Levels 3 and 4.
Adoption of the proposed amendment is necessary in order for New York to smoothly integrate into the High School Performance Index student results from Regents Examinations based on the 2005 learning standards and results from Regents Examinations based on the CCLS. These regulations will be applied first to 2013-14 school year results.
It should be noted that the proposed amendment will have a limited impact on schools and districts during the 2013-14 through 2015-16 school years. Most of the students who are graduating in the next two years will have already taken Regents Examinations based on the 2005 Learning Standards and, therefore, student results will be incorporated into the High School Performance Index based on performance on those tests. As successive cohorts of students graduate, the High School Performance Index for schools and districts will increasingly reflect the performance of students on Common Core Regents Examinations.
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, private regulated parties or the State Education Department. The proposed amendment merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment will not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
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 is necessary to align the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics, and does not impose any additional costs or compliance requirements.
9. FEDERAL STANDARDS:
The proposed amendment does not exceed any minimum standards of the Federal government for the same or similar subject areas.
10. COMPLIANCE SCHEDULE:
It is anticipated parties will be able to achieve compliance with the rule by its effective date. The proposed amendment does not impose any additional costs or compliance requirements on regulated parties and merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment relates to public school and school district accountability and is necessary to align the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
The 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 rule 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 does not impose any additional compliance requirements on local governments and merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
In June 2014, the Board of Regents established five levels of performance on the new English language arts and mathematics Regents Examinations that measure the Common Core Learning Standards (CCLS).
Under current Commissioner’s Regulations, for Regents Examinations results based on the 2005 learning standards, schools and districts receive no credit on the High School Performance Index when a student scores at Level 1 (below 65) on the examination, partial credit when the student scores at Level 2 (between 65 and the aspirational performance measure) and full credit when the student performs at Level 3 and 4 (at or above the aspirational performance measure).
The proposed amendment will provide that, for Regents Examination results based on Common Core assessments, schools and districts will receive no credit when a student scores at Levels 1 or 2 (below 65) on the examination, partial credit when the student scores at Level 3 (between 65 and the cut point for meeting the Common Core learning expectations) and full credit when the student performs at Level 4 and 5 (meeting or exceeding the Common Core learning expectations). For students who take the New York State Alternate Assessment (NYSAA), which is now aligned to the CCLS, schools and districts would continue to receive no credit for student performance at Level 1, partial credit for student performance at Level 2, and full credit for student performance at Levels 3 and 4.
Adoption of the proposed amendment is necessary in order for New York to smoothly integrate into the High School Performance Index student results from Regents Examinations based on the 2005 learning standards and results from Regents Examinations based on the CCLS. These regulations will be applied first to 2013-14 school year results.
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional service requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on local governments. The proposed amendment merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment imposes no technological requirements or costs on school districts.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any costs or compliance requirements on local governments, but merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
It should be noted that the proposed amendment will have a limited impact on schools and districts during the 2013-14 through 2015-16 school years. Most of the students who are graduating in the next two years will have already taken Regents Examinations based on the 2005 Learning Standards and, therefore, student results will be incorporated into the High School Performance Index based on performance on those tests. As successive cohorts of students graduate, the High School Performance Index for schools and districts will increasingly reflect the performance of students on Common Core Regents Examinations.
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 and to charter schools.
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 long-range Regents policy relating to public school and school district accountability. The proposed amendment aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics. 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 10. of the Notice of 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 does not impose any additional compliance requirements on entities in rural areas and merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
In June 2014, the Board of Regents established five levels of performance on the new English language arts and mathematics Regents Examinations that measure the Common Core Learning Standards (CCLS).
Under current Commissioner’s Regulations, for Regents Examinations results based on the 2005 learning standards, schools and districts receive no credit on the High School Performance Index when a student scores at Level 1 (below 65) on the examination, partial credit when the student scores at Level 2 (between 65 and the aspirational performance measure) and full credit when the student performs at Level 3 and 4 (at or above the aspirational performance measure).
The proposed amendment will provide that, for Regents Examination results based on Common Core assessments, schools and districts will receive no credit when a student scores at Levels 1 or 2 (below 65) on the examination, partial credit when the student scores at Level 3 (between 65 and the cut point for meeting the Common Core learning expectations) and full credit when the student performs at Level 4 and 5 (meeting or exceeding the Common Core learning expectations). For students who take the New York State Alternate Assessment (NYSAA), which is now aligned to the CCLS, schools and districts would continue to receive no credit for student performance at Level 1, partial credit for student performance at Level 2, and full credit for student performance at Levels 3 and 4.
Adoption of the proposed amendment is necessary in order for New York to smoothly integrate into the High School Performance Index student results from Regents Examinations based on the 2005 learning standards and results from Regents Examinations based on the CCLS. These regulations will be applied first to 2013-14.
The proposed amendment imposes no additional professional service requirements.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on rural areas. The proposed amendment merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any costs or compliance requirements on local governments, but merely aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics.
It should be noted that the proposed amendment will have a limited impact on schools and districts during the 2013-14 through 2015-16 school years. Most of the students who are graduating in the next two years will have already taken Regents Examinations based on the 2005 Learning Standards and, therefore, student results will be incorporated into the High School Performance Index based on performance on those tests. As successive cohorts of students graduate, the High School Performance Index for schools and districts will increasingly reflect the performance of students on Common Core Regents Examinations.
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 (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 long-range Regents policy relating to public school and school district accountability. The proposed amendment aligns the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics. 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 10. of the Notice of 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 align the Commissioner’s Regulations pertaining to high school performance levels and the computation of the high school performance index with the June 2014 Board of Regents approval of the cut points for the five performance levels on the new Common Core Regents Examinations in English language arts and mathematics. The 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.
