Office of Accountability

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July 2016

...a monthly update on the New York State Education Department’s Office of Accountability (OA) activities relevant to school districts, schools, the education community and other stakeholders.

REGENTS ACTIONS

REGENTS UPDATE AND THE EVERY STUDENT SUCCEEDS ACT (ESSA)

GENERAL ANNOUNCEMENTS

REGENTS ACTIONS

Amendment to Section 100.19 of the Regulations of the Commissioner of Education Relating to Community School Grants and the Definition of Community Schools to Implement Education Law § 211-f and Chapter 53 of the Laws of 2016

As part of the 2016-2017 budget appropriation bill (Chapter 53 of the Laws of 2016), the Legislature and Governor provided a $75 million appropriation ($50 million for operating costs and $25 million for capital costs) to establish community school grants for eligible school districts with schools designated as struggling and persistently struggling by the Commissioner throughout the 2016-2017 school year (“designated schools”).  The new law requires eligible school districts to apply to the Commissioner for such grants. 

At its July 2016 meeting, the Board of Regents adopted, as an emergency rule, amendments to section 100.19 of the Commissioner’s Regulations to implement these requirements so as to ensure that all applications for funding include detailed plans and timelines for ensuring substantial parent, teacher, and community engagement in the planning, implementation and operations of the community school. The regulations specify that community schools grant funds shall be used to supplement and not supplant district expenditures and shall only be used for new expenditures on eligible operating and capital costs.  Community schools grant funds must be used to support the operating and capital costs associated with the transformation of designated schools into community hubs to deliver co-located or school-linked academic, health, mental health, nutrition, counseling, legal, and/or other services to students and their families.  The regulations also specify to whom community school services may be provided.

The amendment to section 100.19 will become effective as an emergency rule on Tuesday, July 26, 2016.

The July 2016 Regents Item regarding the amendment of Section 100.19 of the Regulations of the Commissioner of Education regarding Community School grants is located at: http://www.regents.nysed.gov/common/regents/files/616p12a5revised.pdf.

The supplemental presentation “Proposed Amendment to Commissioner’s Regulations §100.19: Community School Grants” is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20Community%20Schools.pdf.

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Proposed Amendment to Section 80-3.5 of the Commissioner’s Regulations to Establish a New Pathway Option for the Transitional A Certificate in a Career and Technical Education Subject

At its July 2016 meeting, the Board of Regents amended section 80-3.5 of the Commissioner’s Regulations to establish a new pathway option for the Transitional A certificate in a career and technical education (CTE) subject for candidates who hold a full license to teach in licensed private career schools and have at least two years of teaching experience under such license.

The proposed amendment establishes an additional pathway option for teachers issued a full private career school teacher license by the Bureau of Proprietary School Supervision who have taught under that license for two years in a New York State licensed private career school to be eligible for a Transitional A Certificate in the CTE subjects.

The proposed amendment provides additional opportunities for individuals with specific technical and career experience to obtain a Transitional A teaching certificate in their area of expertise, thus allowing them to teach CTE subjects at the secondary school level. This will help to increase the supply of qualified, certified teachers in the CTE field to satisfy the increasing demand for those teachers.

The July 2016 Regents Item regarding the amendment of Section 80-3.5 of the Regulations of the Commissioner of Education regarding a new pathway option for the Transitional A certificate in a career and technical education subject is located at: http://www.regents.nysed.gov/common/regents/files/716brca3.pdf.

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Amendment to Sections 30-2.3, 30-3.3, 30-3.4, 30-3.5, 30-3.11 and 30-3.13 of the Rules of the Board of Regents Relating to Annual Professional Performance Reviews for Classroom Teachers and Building Principals

At its July 2016 meeting, the Board of Regents adopted, as an emergency rule, amendments to sections 30-2.3, 30-3.3, 30-3.4, 30-3.5, 30-3.11, and 30-3.13 of the Rules of the Board of Regents, relating to annual professional performance reviews of classroom teachers and building principals.

The amendment provides districts and BOCES with greater flexibility in implementing the provisions of Education Law §3012-d and Subpart 30-3 of the Rules of the Board of Regents. The amendment provides flexibility that:

  • clarifies that transition scores and ratings must be provided to teachers and principals, no later than September 1st of the school year immediately following the school year for which the teacher or principal’s performance is evaluated during the transition period (2015-16 through 2018-19 school years).
  • clarifies the measures that may be used in the student performance category of a teacher’s evaluation, and the methodology by which subcomponent and overall scores must be calculated in the teacher observation category.
  • clarifies that each subcomponent of the observation category be evaluated on a 1-4 scale based on a State-approved rubric aligned to the New York State teaching standards and an overall score between 1-4 be generated for each observation category.
  • provides districts with flexibility to locally determine how to compute a score for each teacher observation category subcomponent within the constraints imposed by Subpart 30-3.

The July 2016 Regents Item regarding the amendment to the Rules of the Board of Regents relating to Annual Professional Performance Reviews for Classroom Teachers and Building Principals is located at: http://www.regents.nysed.gov/common/regents/files/716brca6.pdf.

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Proposed Amendment to Subdivision (ee) of Section 100.2 of the Regulations of the Commissioner of Education Relating to the Methodology by Which School Districts Shall Identify Students in Grades 3-8 Who Receive Academic Intervention Services

At its July 2016 meeting, the Board of Regents adopted amendments to subdivision (ee) of section 100.2 of the Commissioner’s Regulations relating to the methodology by which school districts identify students in Grades 3 - 8 who receive academic intervention services (AIS).

Based upon discussions with school district superintendents, principals, AIS instructors, teachers trained in Response to Intervention, and other key stakeholders, the Board of Regents amended section 100.2 of the Commissioner’s Regulations pertaining to the identification of students eligible for AIS in Grades 3 - 8 ELA and mathematics. The amendment includes the following:

  • For the 2016-17 school year, districts shall identify students for AIS through a two-step process:
    • All students performing at or below a median cut point score between a level 2/partially proficient and a Level 3/proficient will be considered for AIS.
    • Upon identification of a student for consideration for AIS, districts shall then use a district-developed procedure, to be applied uniformly at each grade level, for determining which students shall receive AIS.
  • Beginning with the 2017-18 school year, districts shall identify students for AIS through a two-step process:
    • All students performing at or below a cut score established through a standard setting process shall be considered for AIS. The standard setting process shall be conducted by a panel of educators led by the Department to recommend the level of performance for the Grades 3-8 ELA and mathematics assessments for which a student could be considered for AIS.
    • Upon identification of a student for consideration for AIS, districts shall then use a district-developed procedure, to be applied uniformly at each grade level, determining which students shall receive AIS.

Later this year, the Department will provide additional recommendations to the Board of Regents relating to AIS. The amendment to Section 100.2 will become effective as a permanent rule on Wednesday, July 27, 2016.

The July 2016 Regents Item regarding the amendment Section 100.2 of the Regulations of the Commissioner relating to AIS is located at: http://www.regents.nysed.gov/common/regents/files/716brca7.pdf.

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REGENTS UPDATE AND THE EVERY STUDENT SUCCEEDS ACT (ESSA)

Update on the Every Student Succeeds Act (ESSA) 

At its July 2016 meeting, the Board of Regents received an update regarding the requirements for submitting a state plan for the implementation of the Every Student Succeeds Act (ESSA). As a result of the presentation, the Department received permission to seek public comment on draft goals and guiding principles to create highly effective schools that prepare students for post-secondary education, careers and life.  After seeking input from a variety of stakeholders, NYSED developed draft Characteristics for Highly Effective Schools and Guiding Principles for a public school accountability system to inform development of the state plan required by the USDE for ESSA. 

The draft Characteristics for Highly Effective Schools and the Guiding Principles for a public school accountability system can be found on the Department’s website at: http://www.regents.nysed.gov/common/regents/files/716brd1.pdf

Public comments on the Characteristics and the Guiding Principles can be submitted at: https://www.surveymonkey.com/r/ESSACHARACTERISTICSOFHIGHLYEFFECTIVESCHOOLS.

The Department is accepting comments on both draft documents through Friday, August 26, 2016.

The Department will carefully review all comments as it develops the final characteristics for highly effective schools and guiding principles for a public school accountability system, which will be submitted for approval at the September 2016 meeting of the Board of Regents.  These documents will serve as guidelines for the Department as it develops New York State’s plan to meet ESSA requirements.  The Department will provide multiple opportunities for stakeholder and public input before submitting the plan to U.S. Department of Education next year.

The July 2016 Regents Item regarding the update on ESSA is located at: http://www.regents.nysed.gov/common/regents/files/716brd1.pdf.

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Every Student Succeeds Act and the McKinney-Vento Act

At the July 2016 Board of Regents meeting, the “Every Student Succeeds Act and the McKinney-Vento Act” presentation was shared. The purpose of the presentation was to inform the Board of Regents about the requirements of McKinney-Vento Act as they relate to ESSA. Presentation topics included:

  • Overview of Student Homelessness in NY
  • History of McKinney-Vento
  • Definition of Homeless
  • Key Provisions of McKinney-Vento
  • McKinney-Vento Funding
  • Role of NYS-TEACHS
  • New McKinney-Vento Requirements in ESSA
  • Anticipated State Statutory and Regulatory Changes
  • Needed Guidance form USDE
  • Timelines and Next Steps

The July 2016 presentation regarding the Every Student Succeeds Act and the McKinney-Vento Act is located at: http://www.regents.nysed.gov/common/regents/files/Full%20Board%20McKinney-Vento.pdf.

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GENERAL ANNOUNCEMENTS

The 2016-17 Title I School Improvement Section 1003(a) Reward School Dissemination Grant Application has been posted.  

Title I Districts with Title I Schools identified as Reward Schools based on both the 2013-14 and 2014-15 school year accountability results are eligible to apply for this grant. Title I Districts must have submitted the 2016-17 Title I Supplement designating the Title I status for all schools. Non-Title I Reward Schools and Charter Schools are not eligible for this grant. The list of eligible and potentially eligible Title I Reward Schools is online at: http://www.p12.nysed.gov/accountability/documents/RewardSchoolsfor2016-17.xlsx.

The purposes of the Title I School Improvement Reward School Dissemination Grants are to provide support for Reward Schools to disseminate best practices, mentor low performing schools, and refine and enhance the Reward School’s own best practices.

The project period for this grant is October 1, 2016 through June 30, 2017, and the deadline for applications is July 30, 2016.  The Title I Reward School Dissemination Grants have been posted on the Office of Accountability Funding Opportunity site at: http://www.p12.nysed.gov/funding/2016-17-title-i-reward-schools/home.html.

The website regarding the 2016-17 Title I School Improvement Grant - Section 1003(a) Reward School Dissemination Grants is located at: http://www.p12.nysed.gov/funding/2016-17-title-i-reward-schools/home.html.

The “Announcement of Reward School Dissemination Grant Application for 2016-17” memo has been posted at: http://www.p12.nysed.gov/accountability/memos.html.

For additional information or assistance please contact: DTSDEreviews@nysed.gov.

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The 2016-17 Title I, Section 1003(a) Basic School Improvement Grant Application has been Posted

Section 1003(a) of the Elementary and Secondary Education Act (ESEA) requires that State Education Agencies allocate funds to Local Education Agencies (LEAs) for Title I Priority and Focus Schools to meet the progress goals in their District Comprehensive Improvement Plan and School Comprehensive Education Plan(s) (DCIP/SCEP) and thereby improve student performance. These funds are to be used to support implementation of school improvement activities as required in the ESEA flexibility waiver.

Title I Focus Districts and Districts with Title I Local Assistance Plan (LAP) Schools are eligible to apply for these funds through the Basic School Improvement Grant. Title I Focus Districts, Title I Priority Schools, Title I Focus Schools and Title I LAP Schools that were identified as of February 26, 2016 and did not subsequently successfully appeal their designation are eligible for funding. The list of identified districts and schools is located online at: www.p12.nysed.gov/accountability/ESEADesignations.html.

Title I Districts that were identified as a Focus District and Title I schools identified as a Priority or Focus School as of September 1, 2015 and subsequently removed from that status will remain eligible for funding during the 2016-17 school year.  Only Title I schools providing instruction to students during the 2016-17 school year are eligible for an allocation.

Non-Title I Focus Districts; Non-Title I Priority Schools; Non-Title I Focus Schools; Non-Title I Local Assistance Plan Schools; Priority Schools receiving a 1003(g) School Improvement Grant, School Innovation Fund Grant, Title I Socioeconomic Integration Pilot Program, or Receivership Grant; 2015-16 Title I LAP Schools removed from that status for 2016-17; and Focus or Priority Charter Schools are NOT eligible for this grant.

The project period for the grants is September 1, 2016 through August 31, 2017, and the deadline for applications is August 31, 2016.  More information about allocations and allowable activities can be found in theThe 2016-17 Title I School Improvement Grant - Section 1003(a) Basic School Improvement Application located at: http://www.p12.nysed.gov/funding/2016-17-title-1-basic-sig-1003a/home.html

Title I staff will host a technical assistance webinar via WebEx on Wednesday, August 3, 2016 from 1:00 – 2:00 PM. In order to access the session, use the following meeting information below:

Join WebEx meeting

Meeting number (access code): 802 322 587

Meeting password:      PV7CeF3X    

Join by phone 
+1-415-655-0002 US Toll 
+1-855-797-9485 US Toll free 

For additional information or assistance please contact: SIGA@nysed.gov

 

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New Pathways to Certification for Out-of-State Teachers and Leaders

On June 29, 2016 a memo was sent to District Superintendents, Superintendents of Public Schools, Administrators of Public Schools and Other Interested Parties regarding the New Pathways to Certification for Out-of-State Teachers and Leaders.

The purpose of the memo was to inform the field regarding the anticipated changes to the out-of-state endorsement requirements for teachers, school district leaders, school district business leaders, and school building leaders who are seeking New York State certification. The memo also outlined the criteria that the Commissioner will use to endorse the out-of-state certificate or equivalent authorization to issue teachers an initial certificate to practice in New York. The memo encouraged the field to actively explore opportunities to recruit exceptional teachers and leaders, particularly in those areas where shortages exist.

Additional information on the proposed changes to New York State regulations is located on the Department’s website at: https://www.regents.nysed.gov/common/regents/files/416hed3.pdf.

The press release regarding new certification requirements for qualified out-of-state teachers and school leaders is located at: http://www.nysed.gov/news/2016/regents-approve-new-certification-requirements-qualified-out-state-teachers-and-school.                                                                    

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Modernization of Health Education Curriculum Law

In June 2016 a memo was sent to BOCES District Superintendents, Superintendents of Public Schools, Principals of Public and Non-Public Schools and Charter School Leaders announcing the modernization of health education curriculum law and the Health Education Standards Modernization Supplemental Guidance Document: An Instructional Resource Packet for Heroin and Opioid. The guidance document was developed to assist school districts to meet requirements of modernizing health education instruction by including heroin and opioid content within the alcohol, tobacco, and other drugs curricula.

When updating health education curriculum, school districts must ensure that the curriculum is grade level appropriate and aligned to the New York State Health Education Learning Standards. These Learning Standards, the Health Education Guidance Document and the new supplemental guide for heroin and opioids, along with additional resources for schools can be found at the New York State Education Department’s Health Education Website: http://www.p12.nysed.gov/sss/schoolhealth/schoolhealtheducation/.

Related questions may be directed to the Office of SSS at (518) 486-6090 or studentsupportservices@nysed.gov and/or Office of Curriculum & Instruction at (518) 474-5922 or emscurric@nysed.gov.                                                                                                                                                                      

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APPR Data Collection and Reporting Timelines and Requirements

On July 1, 2016, a memo was sent to District Superintendents of BOCES and Superintendents of Public Schools regarding the APPR data collection and reporting timelines and requirements, including instructions for accessing the 2015-16 APPR Implementation Certification form, and APPR review and approval processes for the implementation of Education Law §3012-d in the 2016-17 school year.

The purpose of the memo was to provide the field with important information and resources to support district’s and BOCES’ APPR close-out for the 2015-16 school year and to provide additional information related to approval and implementation of APPR plans consistent with Education Law §3012-d for the 2016-17 school year. 

The memo included the following:

•    APPR data collection and reporting timelines and requirements, including instructions for accessing the 2015-16 APPR Implementation Certification form; and

•    Information related to submitting and receiving approval of APPR plans consistent with Education Law §3012-d for the 2016-17 school year, including timelines for submitting Independent Evaluator Hardship Waivers.

Also attached to the memo was a Question and Answer document related to the new Independent Evaluator Hardship Waiver provisions adopted by the Board of Regents at its June 2016 meeting.

The memo, the Question and Answer document, and additional resources are available at: https://www.engageny.org/resource/appr-3012-d. Available resources also include:

•    Resources for the closeout of APPR for the 2015-16 school year, including information about reporting staff evaluation data.

•    A link to the SED Monitoring APPR portal, which should be used for submitting APPR plans and all necessary related documentation.

•    A Task-by-Task Guidance document to assist districts and BOCES with using the new APPR portal

•    APPR Training Modules

•    APPR Sample Plans

•    APPR and SLO Field Guidance documents

•    Teacher and principal evaluation road maps

•    RFQ information – rubrics and assessments

Any questions regarding materials about APPR data collection and reporting timelines and requirements can be sent to: educatoreval@nysed.gov.

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NEXT PUBLICATION

September 2016

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Last Updated: October 13, 2016