Office of Accountability

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June 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 UPDATES

THE EVERY STUDENT SUCCEEDS ACT (ESSA)

GENERAL ANNOUNCEMENTS

REGENTS ACTIONS

Amendment of Section 100.5 of the Commissioner’s Regulations to Require Superintendents to Make a Local Determination as to Academic Proficiency for Certain Students with Disabilities to Graduate with a Local Diploma

At its June meeting, the Board of Regents adopted as an emergency rule a proposed amendment to Commissioner’s Regulations  to ensure that certain students with disabilities who are graduating from high school in June 2016 and thereafter if they do not meet the graduation standards through the existing appeal and safety net options will have their superintendent make a determination as to whether the student has met the academic standards and is eligible for a diploma.

Currently, there are three safety net options available to students with disabilities to graduate with a local diploma, which include:
1. Low Pass Rate Safety Net Option
2. Low Pass Rate Safety Net Option with Appeal
3. Compensatory Safety Net Option

The adopted amendments now require a Superintendent’s Review for students who, because of their disabilities, are unable to demonstrate their proficiency on standard State assessments, even with testing accommodations.

To qualify for the local diploma the student must:

  • Have a current IEP and be receiving special education programs and/or related services.
  • Not have met the graduation requirements through the low pass (55-64) safety net option or the compensatory option.
  • Have earned the required course credits and have passed, in accordance with district policy, all courses required for graduation, including the Regents courses to prepare for the corresponding required Regents exam areas (ELA, math, social studies, and science).
  • Have received a minimum score of 55 on both the Regents ELA and math exams or a successful appeal of a score between 52 and 54.
  • Have participated in the other exams required for graduation but have not passed one or more of these as required for graduation.
  • Have otherwise demonstrated graduation level proficiency in the subject area(s) in which the student did not meet graduation assessment requirements.

The June 2016 Regent Item regarding the amendment of Section 100.5 of the Commissioner’s Regulations to Require Superintendents to Make a Local Determination as to Academic Proficiency for Certain Students with Disabilities to Graduate with a Local Diploma may be found at: http://www.regents.nysed.gov/common/regents/files/616p12a5revised.pdf.

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Amendment of Sections 100.5 and 100.6 of the Regulations of the Commissioner of Education Relating to the Career Development Occupational Studies (CDOS) Pathway to Graduation

At its June meeting, the Board of Regents adopted as a permanent rule the amendment of sections 100.5 and 100.6 of the Regulations of the Commissioner of Education to establish a Career Development Occupational Studies (CDOS) graduation pathway option for all students who meet the requirements to earn the New York State (NYS) CDOS Commencement Credential.

The amendment of sections 100.5 and 100.6 outlined two CDOS graduation pathway options for students with disabilities:

Option1:

  • Development of a Career Plan that includes documentation of the student’s self-identified career interests.
  • Demonstrated achievement of the commencement level CDOS learning standards.
  • Successful completion of at least 216 hours of CTE coursework and/or work-based learning experiences (of which at least 54 hours must be in work-based learning experiences).
  • A completed employability profile that documents the student’s employability skills and experiences.

Option 2:

  • A district may award a student the CDOS credential if the student has met the requirements for one of the nationally recognized rigorous work readiness credentials, including but not limited to:
  • National Work Readiness Credential;
  • SkillsUSA Work Force Ready Employability Assessment;
  • National Career Readiness Certificate WorkKeys - (ACT); and
  • Comprehensive Adult Student Assessment Systems Workforce Skills Certification System.

Also outlined as a portion of the permanent rule was information regarding the 4+CDOS Pathway to a High School Diploma. This proposed pathway would allow students to graduate with a regular diploma when they have demonstrated the State’s standards for academic achievement in math, English, science, social studies, and the State’s standards for essential work-readiness knowledge and skills necessary for successful employment after high school.

The June 2016 Regents item regarding the amendment of Sections 100.5 and 100.6 of the Regulations of the Commissioner of Education Relating to the CDOS Pathway to Graduation can be found at: http://www.regents.nysed.gov/common/regents/files/616p12a1.pdf.

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Amendment of Section 100.5 of the Regulations of the Commissioner, Relating to the Social Studies Regents Examination Requirements for a Diploma

At its June 2016 meeting, the Board of Regents adopted the proposed amendment of section 100.5 of the Regulations of the Commissioner of Education. This amendment relates to the Social Studies Regents examination requirements for a diploma and allows for a transition year to give educators across the State additional time to implement the new Social Studies Framework and to include the additional involvement of educators in the test development process. This transition year will also help the Department to further refine the new exams before they are administered to students for the first time.

In an effort to conform the current diploma requirements to reflect the implementation of this transition in 2017-18 and provide flexibility to school districts and students while the Department moves to the new Global History & Geography II Regents examination to be administered for the first time in June of 2019, the proposed amendment does the following:

  • Shifts the requirement for students to take and pass the new Regents Examination in Global History & Geography II for graduation (instead of the current Regents Examination in Global History Geography I) by one year to allow for the creation of a transition year - so that it applies to students first entering grade nine in September 2017 and thereafter; and
  • Provides local school districts or schools with the discretion to determine to accept a passing score on either the Global History & Geography I Regents examination (with content ranging from approximately 1751 to the present) or the Global History & Geography II Regents examination for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s Regulations during a period when both examinations (the current exam, but with content ranging from approximately 1751 to the present, and the new exam based on the new Social Studies Frameworks) are being administered (the June 2019, August 2019, January 2020 and June 2020 administrations).

Social Studies Implementation Timeline

Current Approach

June 2016 – Jan 2018

Current assessment model measuring current two-year course.

Transition Year

June 2018 – January 2019

Current assessment model, but measuring content from approx. 1750 – the present.

Overlap Period

June 2019

Aug 2019

Jan 2020

June 2020

2 Options available at district discretion:

• Transition Year Regents, OR

• New Global History and Geography II Regents

 

Post-Transition

Aug 2020 - onward

Global History and Geography II Regents

The amendment related to the Social Studies Regents will be presented for adoption at the September 2016 Regents meeting. If adopted at the September 2016 meeting, the proposed amendment will take effect on September 28, 2016.

The June 2016 Regents item regarding the amendment of Section 100.5 of the Regulations of the Commissioner, Relating to the Social Studies Regents Examination Requirements for a Diploma can be found at: http://www.regents.nysed.gov/common/regents/files/616p12a6.pdf.

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Amendment to Sections 30-3.4 and 30-3.5 of the Rules of the Board of Regents Relating to a Hardship Waiver for Independent Evaluators for Annual Professional Performance Reviews for Classroom Teachers and Building Principals Commencing in the 2016-17 School Year

At its June 2016 meeting, the Board of Regents adopted the proposed amendments to §30-3.4 and §30-3.5 of the Rules of the Board of Regents, relating to Annual Professional Performance Reviews (APPR) of classroom teachers and building principals commencing in the 2016-17 school year.

The proposed amendment revises sections 30-3.4 and 30-3.5 of the Rules of the Board of Regents to provide a hardship waiver to school districts and BOCES commencing with the 2016-17 school year that believe that compliance with the independent evaluator requirement would create an undue burden on the school district/BOCES in one or more of the following areas:

  • Compliance with the independent evaluator requirement would result in financial hardship to the district or BOCES;
  • The district or BOCES lacks professionally trained staff to comply with the independent evaluator requirement;
  • The district or BOCES has a large number of teachers and principals; and/or
  • Compliance with the independent evaluator requirement could impact safety and management of a building (e.g., would result in the principal being absent from the school building).

The proposed amendment will become effective as an emergency rule on June 20, 2016.

The June 2016 Regents item regarding APPR hardship waivers can be found at: http://www.regents.nysed.gov/common/regents/files/616p12a7.pdf.

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Amendment of §100.5(d)(7) of the Commissioner’s Regulations to Expand the Eligible Score Band for the Appeal Process on Regents Examinations Passing Scores

The Board of Regents adopted as a permanent rule the amendment of §100.5(d)(7) of the Commissioner’s Regulations to expand by two additional points the existing eligible score band for an appeal of Regents examinations passing scores, and eliminate the student eligibility requirement related to minimum attendance.

Under this new rule, students could appeal scores of 60-64 (expanded from 62-64) on up to two Regents examinations. Students who are granted one appeal by their local superintendent would then earn a Regents diploma. Students who are granted two appeals would earn a local diploma. The adopted rule also eliminates the requirement that students meet a minimum attendance requirement of 95%, exclusive of excused absences, in the year they last took the examination under appeal.

The second emergency action for Amendment of §100.5(d)(7) to expand the eligible score band for the appeal process on Regents Examinations passing scores will take effect on June 20, 2016 and the permanent rule will take effect on June 29, 2016.

The June 2016 Regents item regarding the expansion of the eligible score band for the appeal process on Regents Examinations passing scores can be found at: http://www.regents.nysed.gov/common/regents/files/616brca6.pdf.

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REGENTS UPDATES

Update on the Board of Regents’ Amendments to Subparts 30-2 and 30-3 of the Rules of the Board of Regents and the Release of New Resources to Assist in the Implementation of the Annual Professional Performance Reviews (APPR) of Teachers and Principals Under Education Law §3012-c and §3012-d

On June 2, 2016, the Office of Teacher/Principal Quality & Professional Development sent a memo to Superintendents of Public Schools District Superintendents of BOCES regarding an update on the Board of Regents’ amendments to its rules regarding Annual Professional Performance Reviews (APPR) and the release of new resources to assist school districts and BOCES in implementing the APPR of Teachers and Principals (under Education Law §3012-c and §3012-d).

The adopted emergency regulatory amendments are intended to provide districts and BOCES with greater flexibility in implementing the provisions of Education Law §3012-c and §3012-d, and Subparts 30-2 and 30-3 of the Rules of the Board of Regents. The memo sent to the field includes the following information about the amendments:

  • The September 1, 2016 deadline for providing final APPR scores and ratings                     
  • Student performance category measures (Education Law §3012-d)
  • Teacher observation & principal school visit category (Education Law §3012-d)
  • Clarification of collective bargaining requirements around teacher & principal improvement plans and corrective action plans

In addition, the memo lists the newly updated resources relating to the APPR of Teachers and Principals, which include:

  • Guidance on Education Law §3012-c and §100.2(o) and Subpart 30-2 of the Commissioner’s Regulations
  • Guidance on Education Law §3012-d and Subpart 30-3 of the Commissioner’s Regulations
  • Student Learning Objectives Guidance Document (Education Law §§3012-c and 3012-d):
  • Summary of Revised APPR Provisions 2015-16 – “The Blue Memo”
  • Sample APPR Plans Aligned with Education Law §3012-d:
  • APPR Training Modules

The memo regarding an update on the Board of Regents amendments to the rules for APPR and the release of new resources to assist school districts and BOCES in implementing the APPR of the teachers and Principals under Education Law §§3012-c and 3012-d can be found at: http://usny.nysed.gov/rttt/teachers-leaders/docs/memo-updates-3012-c-and-3012-d-6-2-16.pdf.

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Update on Regents Exams Workgroup

At its June 2016 meeting, the P-12 Education Committee provided the Board of Regents with an update on the workgroup convened to advise on technical and policy aspects of the Common Core Regents Exams. The function of the workgroup is to advise on several technical and policy issues surrounding score interpretation and reporting for the Common Core Regents Exams.

The workgroup has met several times since its creation and has engaged in thoughtful discussions covering many different aspects of the Regents Exams.  Recent discussions have focused on the role of Regents Exams in graduation and interpretations of scores of Regents Exams.

After a review of relevant data from the Regents Examination in Algebra I (Common Core), the workgroup recommended that scale maintenance be performed in June 2016 administration of the Regents Examination in Algebra I (Common Core) and that the resulting adjustment be applied to this and future administrations only. The Commissioner accepted the recommendations from the workgroup and directed Department staff to perform the scale maintenance and issue a communication regarding the maintenance.

The workgroup will continue to meet over the next several months and will draft recommendations to the Commissioner. Additional updates will be provided to the Board of Regents as the workgroup continues its discussions.

The June 2016 Regents item regarding the update on the Regents exam workgroup can be found at: http://www.regents.nysed.gov/common/regents/files/616p12d1.pdf.

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                                                                                                                                                                 Disproportionality by Race/Ethnicity in Special Education

At its June 2016 meeting, the P-12 Education Committee provided the Board of Regents with information on the Department’s initiatives to address findings of disproportionality by race/ethnicity in the identification, classification, placement and disciplinary actions for students with disabilities in New York State school districts.

The information provided by the P-12 Education Committee regarding disproportionality by race/ethnicity included:

  • Identification and Actions with School Districts with Data Showing Disproportionality
  • Required use of IDEA funds
  • Review of school districts’ policies, procedures and practices
  • NYS Data on Disproportionality by Race/Ethnicity
  • The role of Technical Assistance Resources (Technical Assistance Center on Disproportionality (TAC-D))

The P-12 Education Committee provided six “next steps” that the Department will take, which include:

  • Conduct annual data analysis and reporting at the State and district level to determine improvements.
  • Conduct a review of school district special education policies, procedures and practices.
  • Propose policy to the Board of Regents to ensure that each school district reviews its least restrictive environment data.
  • Direct school districts with data showing disproportionality by race/ethnicity to work directly with technical assistance providers to develop an actionable plan to support students.
  • Ensure that the Department’s special education technical assistance providers receive ongoing professional development on culturally responsive education and behavior.
  • Collaborate with the Office of Bilingual Education and World Languages on policy, guidance and professional development on language differences versus disability.

The June 2016 Regents item regarding the disproportionality by race/ethnicity in special education can be found at: http://www.regents.nysed.gov/common/regents/files/616p12d2.pdf.                                                                                                                                                                       

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New York State P-12 Science Learning Standards

At its June 2016 meeting, the P-12 Education Committee presented the Board of Regents with revised New York State P-12 Science Learning Standards for consideration. The presentation was meant to highlight revisions made to the draft set of NYS P-12 Science Learning Standards based on stakeholder feedback, provide suggestions from the field related to local school district implementation of new science learning standards, and propose next steps in the development and transition process.

The presentation included the following details about the P-12 Science Learning Standards:

  • Background information
  • The process used to create the New York State P-12 Science Learning Standards
  • The structure of the new NYS P-12 Science Learning Standards
  • Local curriculum transition
  • State assessment transition
  • Proposed transition strategy

Department staff and science education stakeholders will continue to collaborate on the transition to New York State P-12 Science Learning Standards in fidelity with the Statewide Strategic Plan for Science. The new standards will be brought back to the Board of Regents in the fall 2016 for final adoption, and at that time the Department will provide an update on the implementation of curriculum across the state and the status of new assessment development activities.

The June 2016 Regents item regarding New York State P-12 Science Learning Standards can be found at: http://www.regents.nysed.gov/common/regents/files/616p12d3.pdf.

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THE EVERY STUDENT SUCCEEDS ACT (ESSA)                                                                                                                                                                                  

Every Student Succeeds Act (ESSA) Draft Regulations Released

On May 26, 2016, the United States Department of Education (USDE) released draft regulations outlining state requirements for submission of a state accountability plan, and for implementing the provisions of the Every Student Succeeds Act (ESSA), which can be found at https://www.federalregister.gov/articles/2016/05/31/2016-12451/elementary-and-secondary-education-act-of-1965-as-amended-by-the-every-student-succeeds. The New York State Education Department intends to provide comments to the USDE regarding the draft regulations during the public comment period.  Public comments are due to the USDE by August 1, 2016.

The Department will convene an Every Student Succeeds Act (ESSA) Think Tank in June 2016.  Invited members of the Think Tank will help NYSED staff to review all of the new requirements and opportunities presented within ESSA, and provide recommendations for a set of guiding principles to be used in revising New York State’s accountability system to align with ESSA. Members of the Think Tank will also provide recommendations and feedback on New York’s state plan as it is developed. In order to inform Think Tank Members prior to their work, the Department has scheduled two webinars on June 16, 2016 and June 29, 2016 for members of the Think Tank.   

The first in person ESSA Think Tank Meeting is scheduled for Thursday, July 14, 2016 from 10:00 a.m. to 3:00 p.m. in Albany, New York.

Updates on the creation of the state system under ESSA and the work of the Think Tank will be provided to the Board of Regents in the coming months.

 

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GENERAL ANNOUNCEMENTS

2016-17 Consolidated Application Update

All LEAs must submit a completed Consolidated Application in order to access Title I, Title IIA, Title III, and/or Title VI funds. The Office of Accountability has made key changes to the 2016-17 application to increase ease of use and support more meaningful planning processes for LEAs.  Notable enhancements include:

  • The application has been divided into nine modules. Each module addresses a unique requirement or program area.
  • A new submission worksheet provides LEAs with a customized work plan that identifies which modules and required forms must be submitted.
  • Short technical assistance webinars will be made available for each module.

The 2016-17 Consolidated Application has been posted at: http://www.p12.nysed.gov/accountability/consolidatedappupdate/requiredforms.html.

2016-17 Allocations for Federal (NCLB) Programs can be found at: http://www.p12.nysed.gov/accountability/allocations/home.html.

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2016 Instructional Reports and Test Questions Release Memo

On June 1, 2016 the State Education Department announced that 75 percent of questions from the 2016 Grades 3-8 English Language Arts (ELA) and Mathematics Tests that count toward student scores were posted online at EngageNY.org. This year’s release is the first time that so many questions have been released and the first time this information has been available this soon.

Several instructional reports based on the 2016 tests will be made available to districts and schools several weeks before the end of the school year. Also new this year, educators and parents will be able to review their students’ answers to constructed-response questions, giving them an even clearer picture of how well students are doing.

The NYSED press release regarding the release of questions from 2016 Grades 3-8 ELA and mathematics tests can be found at: http://www.nysed.gov/news/2016/state-education-department-releases-highest-ever-percentage-questions-2016-grades-3-8.

Guidance regarding instructional reports and test questions is outlined in a memo from Commissioner Elia. The memo also includes more information about the released test questions and instructional reports. To view the memo and the released questions please visit: https://www.engageny.org/resource/released-2016-3-8-ela-and-mathematics-state-test-questions

For a summary of the instructional reports made available by the RICs, please see: http://boces.org/Portals/0/Web%20Docs/RIC%20Reports/38%20Common%20Data%20Views%20May%2016.pdf.

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Handbook for the Seal of Biliteracy

The New York State Education Department (NYSED), Office of Bilingual Education and World Languages is pleased to announce the approval of the New York State Seal of Biliteracy (NYSSB) by the Board of Regents.

The New York State Seal of Biliteracy recognizes high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English and acknowledges the importance of being bilingual in today’s global society. It highlights the hard work and achievement of students, and encourages students to pursue language study while in school. The recognition of attaining biliteracy becomes part of the high school transcript and diploma for these students and is a statement of accomplishment for future employers and for college admission.

The NYS Seal of Biliteracy Handbook can be found at:

http://www.nysed.gov/gsearch/Handbook%2Bfor%2Bthe%2BSeal%2Bof%2BBiliteracy.

The memo regarding the Handbook for the Seal of Biliteracy can be found at: http://www.p12.nysed.gov/biling/docs/BORapprovalletter5_20_16.pdf.

The NYSSB web page can be found at:

http://www.p12.nysed.gov/biling/bilinged/NewYorkStateSealofBiliteracy.html.                                                                                       

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July 2016

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Last Updated: October 13, 2016