New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter E - Elementary and Secondary Education
Part 100 - Elementary and Secondary Education School Program
Section 100.11 - Participation of parents and teachers in school-based planning and shared decisionmaking
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Purpose. The purpose of school-based planning and shared decision making shall be to improve the educational performance of all students in the school, regardless of such factors as socioeconomic status, race, sex, language background, or disability.
(b) By February 1, 1994, each public school district board of education and each board of cooperative educational services (BOCES) shall develop and adopt a district plan for the participation by teachers and parents with administrators and school board members in school-based planning and shared decisionmaking. Such district plan shall be developed in collaboration with a committee composed of the superintendent of schools, administrators selected by the district's administrative bargaining organization(s), teachers selected by the teachers'collective bargaining organization(s), and parents (not employed by the district or a collective bargaining organization representing teachers or administrators in the district) selected by school-related parent organizations, provided that those portions of the district plan that provide for participation of teachers or administrators in school-based planning and shared decisionmaking may be developed through collective negotiations between the board of education or BOCES and local collective bargaining organizations representing administrators and teachers. In the City School District of the City of New York, the superintendent of each community school district, of each district that reports directly to the chancellor and of each high school superintendency shall develop such district plan in collaboration with a committee composed of administrators selected by the district's administrative bargaining organization(s), teachers selected by the teachers' collective bargaining organization(s), and parents (not employed by the district or a collective bargaining organization representing teachers or administrators in the district) selected by school-related parent organizations. Members of community school boards may be members of such committees. For the purpose of this subdivision, school-related parent organization means a nonprofit organization of parents of children attending the schools of the school district whose purposes include the promotion of parental involvement in public education and that is chartered or incorporated under the laws of New York, or is affiliated with a statewide or regional parent organization that is so chartered or incorporated or is an unincorporated association authorized to do business under an assumed name in New York. In districts in which teachers or administrators are not represented by a collective bargaining organization or there are no school-related parent organizations, teachers, administrators and/or parents shall be selected by their peers in the manner prescribed by the board of education or BOCES to participate in the development of such district plan. In the City School District of the City of New York, the superintendent of each community school district, of each district that reports directly to the chancellor and of each high school superintendency shall develop a plan in the manner prescribed by this subdivision, and each such plan shall be incorporated into a plan by the central board of education, which plan shall comply with this section.
(c) The plan for participation in school-based planning and shared decisionmaking shall specify:
(d)
(e)
(f) The district's "Plan for the Participation by Teachers and Parents in School-Based Planning and Shared Decisionmaking" shall be reviewed biennially by the board of education or BOCES in accordance with subdivision (b) of this section. Any amendment or recertification of a plan shall be developed and adopted in the manner prescribed by subdivision (b) and paragraphs (d)(1) and (2) of this section. The amended plan or a recertification of the previous plan, together with a statement of the plan's success in achieving its objectives, shall be filed with the district superintendent where applicable, and submitted to the commissioner for approval no later than February 1st of each year in which such biennial review takes place, commencing with February 1, 1996, except that in the City School District of the city of New York, the central board of education shall submit any biennial review required during the 1999-2000 school year by September 1, 2000.
(g) Notwithstanding the provisions of subdivisions (b) through (f) of this section, where a district has implemented a plan for participation in school-based planning and shared decisionmaking as of February 1, 1994 through its excellence and accountability pilot district program, such district shall not be required to develop a new district plan pursuant to this section.
(h) A school district or BOCES which has developed or implemented a plan for participation of teachers and/or administrators in school-based decisionmaking as the result of a collective bargaining agreement between the board of education or BOCES and local collective bargaining organizations representing teachers and/or administrators shall incorporate such negotiated plan as a part of the district plan required by this section. The board of education or BOCES shall develop the remainder of the district plan, including the portion relating to parental involvement, in the manner prescribed by subdivision (b) of this section.