Office of Accountability

OA E-Blast Update

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Archived E-Blast Updates

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October 2015

...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

GENERAL ANNOUNCEMENTS

RECEIVERSHIP

REMINDERS

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REGENTS ACTIONS

Addition of §100.19 to the Regulations of the Commissioner Relating to School Receivership

At its September 2015 meeting, the Board of Regents adopted as an emergency action §100.19 of the Regulations of the Commissioner of Education relating to school receivership. The regulation was initially adopted as an emergency measure at the June 15-16, 2015 Regents meeting,   and the revised emergency rule took effect on September 21, 2015. It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the November 16 -17, 2015 Regents meeting.

The revisions made to the regulations in response to public comment are as follows:

  • The definition of a Persistently Struggling School, found in §100.19(a)(2) has been revised to provide clarity and ensure consistency with Education Law §211-f(1)(b).
  • In order to conform to Education Law §211-f(8), §100.19(5)(iii) has been revised to provide that collective bargaining shall be completed (instead of commenced) no later than 30 days following receipt of a written request from the school Receiver.

The September 2015 Regents Item regarding the addition of §100.19 to the Regulations of the Commissioner relating to School Receivership can be found at: http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12a2.pdf

The supplemental presentation entitled “Proposed Commissioner’s Regulation §100.19 – Establishment and Implementation of Receivership in Persistently Struggling and Struggling Schools” can be found at: http://www.regents.nysed.gov/common/regents/files/meetings//SchoolReceivershipPresentation.pdf

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Amendment of Subpart 30-2 and Addition of a New Subpart 30-3 to the Rules of the Board of Regents and §100.2(o) of the Commissioner’s Regulations, Relating to Annual Professional Performance Reviews (APPR) of Classroom Teachers and Building Principals to Implement Subparts D and E of Part EE of Chapter 56 of the Laws of 2015

On April 13, 2015, the Governor signed Chapter 56 of the Laws of 2015 to add a new Education Law §3012-d that established a new evaluation system for classroom teachers and building principals. At its June 2015 meeting, the Board of Regents took action to amend Subpart 30-2 and add a new Subpart 30-3 to the Rules of the Board of Regents, relating to annual professional performance reviews of classroom teachers and building principals, in order to implement Education Law §3012-d. Based upon public comment, the Board of Regents at its September meeting made further revisions to the emergency regulations initially adopted by the Board of Regents at its June 2015 meeting that include:

  • An amendment, which defines the substance of an APPR to include appeals in circumstances where a teacher or principal is rated Ineffective on the student performance category, but rated Highly Effective on the observation/school visit category based on an anomaly, as determined locally pursuant to Education Law §3012-d(15).
  • A hardship waiver from the requirement for an independent observer for rural school districts and for school districts with one registered school that would be unduly burdened if they were required to retain an independent evaluator.

It is anticipated that the rule will be presented for permanent adoption at the November Regents meeting, after publication of the revised proposed amendment in the State Register and expiration of the 30-day public comment period required pursuant to the State Administrative Procedure Act.  If adopted at the

15 November meeting, the proposed amendment will become effective on December 2, 2015.

The September 2015 Regents Item regarding the amendment of Commissioner’s Regulations relating to Annual Professional Performance Reviews of classroom teachers and building principals can be found at: http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12hea1revised.pdf

The supplemental presentation entitled “APPR Update” can be found at: http://www.regents.nysed.gov/common/regents/files/meetings/APPR_0.pdf

The supplemental presentation entitled “Regulatory Impact Statement for APPR” can be found at: http://www.regents.nysed.gov/common/regents/files/meetings//RegulatoryImpactStatementforAPPR.pdf

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Amendment to Regulations Regarding Graduation Requirements to Extend the Appeal Process to Include Appeal of Scores for the Safety Net Local Diploma for Students with Disabilities

At its September 2015 meeting, the Board of Regents discussed amending §100.5(d)(7) of the Commissioner’s Regulations in order to extend to students with disabilities the ability to graduate with a Local Diploma via appeal of a score of 55 for those students who meet all other conditions for appeal and are otherwise eligible to graduate in January 2016 and thereafter.

If the proposed  amendment is adopted by the Board of Regents, all students with disabilities otherwise eligible to graduate in January 2016 or thereafter and who score up to three points below a score of 55 on a Regents exam after at least two attempts would be eligible to receive the Local Diploma via appeal. To be eligible to appeal a score of less than 55, the student must meet all other conditions of appeal as follows:

1. Has attained at least a 65 course average in the subject area of the Regents examination under appeal;

2. Provides evidence that he or she has received academic intervention services by the school in the subject area of the Regents examination under appeal;

3. Has an attendance rate of at least 95 percent for the school year during which the student last took the required Regents examination under appeal;

4. Has attained a course average in the subject area of the Regents examination under appeal that meets or exceeds the required passing grade by the school and is recorded on the student's official transcript with grades achieved by the student in each quarter of the school year; and

5. Is recommended for an exemption to the passing score on the required Regents examination under appeal by his or her teacher or department chairperson in the subject area of such examination.

Appeals by students with disabilities of a score of less than 55 under the proposed amendment would be reviewed by the same committee that reviews all other Regents appeals.

It is also anticipated that the proposed amendment to §100.5(d)(7) will be presented for adoption at the December 2015 Regents meeting after publication of a Notice of Proposed Rule Making in the State Register and expiration of the 45-day public comment period prescribed for State agency rule makings.

The September 2015 Regents Item regarding the extension of the appeal process to include the appeal of scores for the Safety Net Local Diploma for Students with Disabilities can be found at: http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12d3revised.pdf

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Proposed Amendment of §100.2(ee) of the Commissioner’s Regulations, Relating to Academic Intervention Services (AIS)

At its September 2015 meeting, the Board of Regents approved, as an emergency action, the proposed amendment of Commissioner’s Regulations §100.2(ee) to provide continued flexibility to school districts in the provision of Academic Intervention Services through the 2015-16 school year as a continuation of the policy adopted for the 2013-14 and 2014-15 school years for those students who performed below Level 3 on the grades 3-8 English Language Arts and Math assessments but at or above cut scores established by the Regents.

The Board of Regents approval was necessary to immediately establish modified requirements for the provision of Academic Intervention Services (AIS) for the 2015-16 school year for purposes of providing school districts with flexibility to address the change in student rates of proficiency on the 2014-15 grades 3-8 assessments in English Language Arts and Mathematics. In addition, the approval ensures that during the 2015-16 school year districts will continue to maintain on file a uniform process by which the district determines whether to offer AIS to students who scored at or above the specified cut scores but below Level 3 on grades 3-8 English Language Arts or Mathematics State assessments.

At the September 2015 meeting, the Board of Regents also directed that a committee be established during the 2015-16 school year to examine the effectiveness of AIS and to make recommendations about revisions to AIS regulations for 2016-17.

The September 2015 Regents Item regarding the proposed amendment of §100.2(ee) of the Commissioner’s Regulations relating to AIS can be found at: http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12a1.pdf

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Proposed Amendment of §100.5(g)(1) of the Regulations of the Commissioner, Relating to the Transition to Common Core-aligned Regents Examinations in Mathematics (Algebra II)

At its September 2015 meeting, the Board of Regents discussed amending §100.5(g)(1)(ii) of the Commissioner's Regulations to provide additional flexibility in the transition to Common Core-aligned Regents Examinations in mathematics by allowing, at the discretion of the applicable school district, students receiving Algebra II (Common Core) instruction to take the Regents Examination in Algebra 2/Trigonometry aligned to the 2005 Learning Standards in addition to the Regents Examination in Algebra II (Common Core), and meet the mathematics requirement for graduation by passing either examination.

It is anticipated that the proposed amendment will be presented for adoption at the December 2015 Regents meeting, after publication of a Notice of Proposed Rule Making in the State Register and expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act.

The September 2015 Regents Item regarding the proposed amendment of §100.5(g)(1)(ii)  of the Regulations of the Commissioner relating to the transition to Common Core-aligned Regents Examinations in Mathematics can be found at:

http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12d2.pdf

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Update on Proposed Amendments to § 52.21 and 100.2(j) and Part 80 of the Commissioner’s Regulations Relating to School Counseling, Certification Requirements for School Counselors and Program Registration Requirements for School Counseling Preparation Programs

At its September 2015 meeting, the Board of Regents amended §52.21, Part 80 and 100.2(j) of the Commissioner’s Regulations relating to school counseling, certification requirements for school counselors, and program registration requirements for school counseling preparation programs.

The Board of Regents made the following regulatory and programmatic changes relating to School Counseling, Certification Requirements for School Counselors and Program Registration Requirements for School Counseling Preparation Programs:

  • Revisions to Section 100.2(j) of the Commissioner’s Regulations regarding changes in how districts should handle school counseling services and school counselors
  • Revisions to Part 52.21 of, and the addition of Part 80-3.11 to the Commissioner’s Regulations regarding certification
  • Revisions to Part 52.21(d) - Program Registration
  • Eligibility for Internship Certificates
  • Changes in General Requirements
  • Changes in Technical Amendments
  • Endorsement of Out-of-State Certificates
  • Satisfaction of Education Requirements through Individual Evaluation
  • Changes in Time Validity

It is anticipated that the approved amendment will be adopted by the Board of Regents at its December meeting. If adopted at the December meeting, the approved amendment will become effective on December 30, 2015.

The September 2015 Regents Item regarding the update on proposed amendments to §52.21 and 100.2(j) and Part 80 of the Commissioner’s Regulations relating to school counseling, certification requirements for school counselors and Program registration requirements for school counseling preparation programs can be found at:

http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12hed1.pdf

The supplemental presentation entitled “School Counselor Update” can be found at: http://www.regents.nysed.gov/common/regents/files/meetings//SchoolCounselor.pdf

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REGENTS UPDATES

Online Learning Advisory Council

As a part of the 2013-14 Legislative Session, a bill was passed to create an Online Learning Advisory Council. The statute required the Council be comprised of 11 members of whom two members are nominated by the executive, two by the senate, two by the assembly and the remaining members appointed by the Commissioner of Education. The council membership was designed to represent diversity of experience throughout the state and include demonstrated experience in development, programming and use of online technology and blended learning for education in public schools; delivery of online education in rural communities; regional educational services; teaching with online and blended learning program; and institutions of higher learning that train teachers about online and blended educational instruction.

The council is charged with submitting a draft of its recommendations to the governor, senate, and assembly for their review by Thursday, October 1, 2015. The recommendations requested of the advisory council must include, but are not limited to:

              a) Guidance for use of a statewide online and blended learning network;

              b) Best practices and model school district policies from throughout the state and nation that may be considered by school districts in the implementation of an online land blended learning program including broadband access;

              c) Academic programming suited for online and blended learning;

              d) Partnerships with institutions of higher education and other relevant stakeholders for workforce opportunities using online and blended learning; and

              e) A review of teaching and professional development policies and practices.

A public comment period regarding the recommendations will be open from October 1, 2015 through November 1, 2015 prior to completion and delivery of the final report by Friday, November 20, 2015.  A presentation with recommendations will be provided to the Board of Regents at its November meeting.

The September 2015 Regents Item regarding the Online Learning Advisory Council can be found at:

http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12i1.pdf.

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Workgroup on Common Core Regents Exams (Algebra I and others)

At September 2015 the Board of Regents meeting, the Board of Regents directed Department staff to convene a workgroup of educators to consider and advise on technical and policy aspects of the Common Core Regents Exams.

The workgroup on Common Core Regents Exams is tasked to address questions raised about three aspects of the Common Core Regents Exam in Algebra I:

(1) The low percentage of students who achieved at Level 4 and Level 5;

(2) The conversion chart, in which students need many fewer raw score points for Level 2 and Level 3 and many more raw score points for Levels 4 and 5; and

(3) Concerns that college personnel will be confused by the changes in the test when they review information on student transcripts.

The lower percentage of students scoring at Level 4 and above, as compared to past student performance on the Regents Exam in Integrated Algebra, is a direct result of implementing higher learning standards.

The September 2015 Regents Item regarding the Workgroup on Common Core Regents Exams (Algebra I and others) can be found at: http://www.regents.nysed.gov/common/regents/files/meetings/Sep%202015/915p12d1.pdf

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GENERAL ANNOUNCEMENTS

Academic Intervention Services (AIS) Requirements for 2015-16

On Friday, August 28, 2015, the Office of P-12 Education sent a memo to BOCES District Superintendents, Superintendents of Public Schools and Administrators of Public and Charter Schools regarding Academic Intervention Services (AIS) Requirements for the 2015-16 school year. The memo can be accessed at: Academic Intervention Services Requirements for 2015-16.pdf.

The memo includes details about the process by which the New York State Education Department (“The Department”) plans to ensure that existing support services, including Academic Intervention Services (AIS) and Title I compensatory services, remain relevant and appropriate during the continued implementation of the Common Core Learning Standards.

Pursuant to emergency regulations subsequently adopted by the Board of Regents at its September 2015 meeting, each school district is required to continue to implement a uniform process by which the district determines whether to offer AIS during the 2015-16 school year to students who score below Level 3 but above the established cut scores for the provision of mandatory AIS. Districts are also required to either post to their websites or distribute to parents in writing a description of this process no later than Monday, November 2, 2015.

Inquiries regarding the requirements for the provision of AIS to students during the 2015-16 school year can be directed to David Bryant in the Office of Student Support Services via e-mail at david.bryant@nysed.gov or by phone at 518-486-6090.

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Diagnostic Tool for School and District Effectiveness (DTSDE) Specialized Programs

The New York State Education Department is offering the opportunity for school district staff to participate in the Diagnostic Tool for School and District Effectiveness (DTSDE) Specialized Programs including:

  • The Professional Learning Community Program
  • DTSDE Certification
  • School Principal Mentoring Program

E-mail invitations with the corresponding applications for DTSDE Specialized Programs, were sent on Tuesday, August 25, 2015 to Superintendents of Focus Districts.  These documents are located at: http://www.p12.nysed.gov/accountability/diagnostic-tool-institute/DTSDESpecializedProgramming.html.

Interested candidates should complete the application(s) and submit them via e-mail to: DTSDEreviews@nysed.gov at the deadlines listed below for each program.  If you have any questions about the programs, please contact the NYSED Program Liaison listed by program below.

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2015-16 Diagnostic Tool for School and District Effectiveness (DTSDE)/Focus District Institutes

The Office of Accountability is pleased to announce the Diagnostic Tool for School and District Effectiveness (DTSDE)/Focus District Training Institutes for the 2015-16 School Year. The dates of the institutes are as follows:

  • October 6 - 7, 2015
  • December 15 - 16, 2015
  • March 10 - 11, 2016
  • May 4 - 5, 2016

The first Training Institute was held on October 6 - 7, 2015 at the Empire State Plaza Convention Center, Albany, New York. More information about the 2015-16 training Institutes can be found at:

http://www.p12.nysed.gov/accountability/diagnostic-tool-institute/registration.html.

To ensure that all representatives are presented with a consistent message concerning DTSDE review practices, several of the DTSDE-related sessions offered during the year will be repeated at the 2015-16 Focus District Institutes. 

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2015-16 Title I 1003(a) Basic School Improvement Grant Technical Assistance

§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 2015-2019 ESEA flexibility waiver.

The following districts and schools are eligible for 1003(a) funds for technical assistance in Title I Priority, Focus and Local Assistance Plan (LAP) Schools:

  • Title I Districts that were identified as Focus Districts and Title I schools that were identified as Priority, Focus or LAP Schools as of August 31, 2015 and which will provide instruction to students during the 2015-16 school year; and,
  • Title I Districts that were identified as Focus Districts and Title I schools identified as a Priority or Focus Schools as of June 1, 2015 that were subsequently removed from that status and will provide instruction to students during the 2015-16 school year.

The 2015-16 lists of Focus Districts, Priority Schools, Focus Schools and LAP Schools are posted online at: http://www.p12.nysed.gov/accountability/ESEADesignations.html.

Applications for funding will be accepted on a rolling basis until Monday, November 30, 2015, but all activities are subject to review and approval of funding. Applications with activities starting in September were due by Monday, August 31, 2015.  

For more information about the 2015-16 Title I 1003(a) Basic School Improvement Grant Application, please visit: http://www.p12.nysed.gov/funding/2015-16-title-1-basic-sig-1003a/home.html.

For more information about technical assistance for the 2015-16 Title I 1003(a) Basic School Improvement Grant, please visit: http://www.p12.nysed.gov/accountability/T1/1516basicsigata.html.

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RECEIVERSHIP

Upcoming Deadline for District Submisson of Demonstrable Improvement Indicators

The Department will be hosting a live webinar on selecting Demonstrable Improvement indicators on Friday, September 18, 2015 at 2 p.m. The link to attend the webinar will be e-mailed to superintendents with Persistently Struggling and Struggling Schools prior to the meeting. Districts with Persistently Struggling and Struggling Schools are required to submit selected Demonstrable Improvement indicators along with any district proposed local indicator(s)/climate survey to the Department by Friday, October 2, 2015.

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First Required Quarterly Report for School Receivership

Commissioner’s Regulations §100.19 requires that Receivers in Persistently Struggling and  Struggling Schools submit the first required Quarterly Report for School Receivership no later than Wednesday, October 30, 2015 to Receivership@nysed.gov.

 Additional upcoming deadlines for Quarterly Reports are as follows:

  • 2nd Quarterly Report - Friday, January 29, 2016
  • 3rd Quarterly Report -  Friday, April 29, 2016
  • 4th Quarterly Report-  Friday,  July 29, 2016

Please send questions about Required Quarterly Reports for Receivership to Receivership@nysed.gov.

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School Improvement Grant 6 Extended Time Line and Powers of Receiver

Earlier this fall, the Department had hoped to provide a preliminary award or non-award list for the School Improvement Grant (SIG) 1003(g) - Cohort 6. However, a number of external agencies are involved in the approval process, and the Department continues to consult with them regarding the finalization of awards.

An awarded SIG plan for a Persistently Struggling or Struggling School provides provisional approval for the superintendent to be vested with the powers of Receiver. As the SIG 6 review process was not completed, LEAs were provided with an additional option in regard to obtaining provisional Receivership powers for Persistently Struggling or Struggling Schools in September 2015.

To expedite approval of Receivership powers in schools competing for SIG – Cohort 6 grants, districts may submit a School Comprehensive Education Plan (SCEP) for any of its Persistently Struggling or Struggling Schools. The Office of Accountability will accelerate the review of these SCEPs, and once approved, the superintendent will provisionally be vested with the powers of Receiver.

Please see http://www.p12.nysed.gov/accountability/forms.html for the SCEP template and the SCEP Completion Guide.

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REMINDERS

Upcoming Self-Assessment Deadline

Commissioner’s Regulations §100.18(f)(6) requires that all schools and districts be included in the State accountability system and that Adequate Yearly Progress (AYP) be determined for each public school, charter school and district. This requirement also pertains to schools/districts with fewer than 30 continuously enrolled students who have participated in State assessments during the prior two years combined, or any configuration of grades kindergarten through 12 whereby students do not participate in the regular state assessment program.

In order to comply with this requirement for the 2014-15 school year, the schools/districts described above are required to complete and submit a Self-Assessment form by Friday, October 9, 2015.

The Self-Assessment form can be found at: http://www.p12.nysed.gov/accountability/APA/Forms/Forms_home.html.

Completed Self-Assessment forms, any questions regarding the Self-Assessment process, or requests for extensions in submission of self-assessments must be submitted via e-mail to: selfassessment@nysed.gov.

The Self-Assessment form can be found at: http://www.p12.nysed.gov/accountability/APA/Forms/Forms_home.html.

Completed Self-Assessment forms and any questions regarding the Self-Assessment process must be submitted via e-mail to: selfassessment@nysed.gov.

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2015- 16 Local Assistance Plans

Local Assistance Plans are due to the Department on Friday, November 20, 2015.  For more information please write to: accountinfo@nysed.gov.

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NEXT PUBLICATION

NOVEMBER 2015

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Last Updated: December 9, 2015