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 100.21 - ESSA Accountability System
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 100.21
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Applicability.
(1) Notwithstanding the
provisions of section
100.2(p)(1) through (11) and (14) through
(16) and section
100.18 of this Part, this section
shall apply to school districts and charter schools in lieu of such provisions
during the period the Elementary and Secondary Education Act, as amended by the
Every Student Succeeds Act, is effective, except as otherwise provided in this
section. If a provision of section
100.2(p) or
section 100.18 of this Part conflicts with
this section, the provisions of this section shall prevail and the provisions
of section 100.2(p) or
section 100.18 of this Part shall not
apply. Provided that for accountability designations made prior to July 1,
2018, the requirements of section
100.18 of this Part shall continue
to apply to the extent that plans and interventions under that section are
required to be implemented until the end of the 2018-2019 school
year.
(2) Notwithstanding any other
provisions of this section, the Commissioner shall not conduct a review of
school and district performance using 2019-2020 school year results, the
accountability status of public schools and districts for the 2020-2021 school
year shall be the same as for the 2019-2020 school year, and provided further
that 2018-2019 school year results shall be used in any instance for which
2019-2020 school year results would have been used as part of the process of
making 2021-2022 school year accountability determinations.
(3) Notwithstanding any other provisions of
this section, the Commissioner shall not conduct a review of school and
district performance for the 2021-2022 school year using 2019-2020 or 2020-2021
school year results, the accountability status of public schools and districts
for the 2020-2021 school year shall be the same as for the 2019-2020 school
year and the accountability status of public schools and districts for the
20212022 school year school be the same as for the 2020-2021 school
year.
(4) Notwithstanding any other
provision of this section, the Commissioner may, upon a finding of good cause,
modify for the 2019-2020 through 2025-2026 school years any timelines
pertaining to notifications, plans, reports, or implementation of activities
required by this section.
(5)
Notwithstanding the provisions of this section, the Commissioner shall conduct
the review of school and district performance for the 2022-2023 school year
based on 2021-2022 school year results, for the 2023-2024 school year based on
2022-2023 school year results, and for the 2024-2025 school year based on the
2023-2024 school year results using modified procedures as specified in
subdivision (n) of this section.
(b) Definitions
(1) General Definitions
(i) ESSA means the Elementary and Secondary
Education Act of 1965, as amended by the Every Student Succeeds Act of 2015,
20 U.S.C. sections
6301 et seq. (Public Law 114-95.
129 STAT. 1802).
(ii) Title I means
Title I, part A of Elementary and Secondary Education Act of 1965, as amended
by the Every Student Succeeds Act of 2015,
20 U.S.C. sections
6301-6327 (Public Law 114-95, 129 STAT.
1802).
(iii) Board of education
shall mean the trustees or board of education of a school district: provided
that in the case of the city school district of the City of New York, such term
shall mean the chancellor of the city school district acting in lieu of the
board of education of such city school district to the extent authorized by
article 52-A of the Education Law and, with respect to community school
districts and New York City superintendencies, such term shall mean the
community superintendent or other superintendent of schools acting in lieu of
the board of education to the extent authorized by article 52-A of the
Education Law.
(iv) School district
or district shall mean a common, union free, central, central high school or
city school district, provided that, in the case of the city school district of
the City of New York, such term shall mean a community school district or New
York City superintendency to the extent that such entity is the local
educational agency for purposes of Title I, and a special act school district
as defined in subdivision 8 of section 4001 of the Education Law, except as
otherwise provided in this section.
(v) Public school shall mean an elementary,
middle, or high school operated by a school district or a charter school
authorized pursuant to Article 56 of the Education Law, except as otherwise
provided in this section.
(vi)
Local educational agency (LEA) shall mean a local educational agency as defined
in section 8101(30) of ESSA, including a school district, board of cooperative
educational services, county vocational education and extension board, or
charter school.
(vii) A transfer
high school means a high school in which the majority of students upon their
first enrollment in the high school had previously attended grade nine or
higher in another high school or a high school in which the majority of
students attained age 16 or higher in the year in which the students first
entered grade 9, or a school in which more than 50 percent of currently
enrolled students are English language learners as defined in Part 154 of this
Title who have attended school in the 50 United States (excluding Puerto Rico)
and the District of Columbia for less than three years.
(viii) Alternate assessment means a New York
State Alternate Assessment approved by the Commissioner and recommended by the
committee on special education for students with severe disabilities as defined
in section 100.1(t)(2)(iv) of
this Part, in lieu of a required State assessment.
(ix) Continuously enrolled means, for grades
3-8 and ungraded age equivalent students, students enrolled on BEDS day as
defined in this subdivision and enrolled during the test administration period
for the subject tested, and for high school, students in the accountability
cohort, as defined in paragraph (b)(2) of this section, except that for the
English language proficiency indicator continuously enrolled means, for grades
9-12 and ungraded age equivalent students, students enrolled on BEDS day and
enrolled during the test administration period.
(x) Significant medical emergency means an
excused absence from school during both the regular and makeup examination
period for which a school district has documentation from a medical
practitioner that a student is so incapacitated as to be unable to participate
in the State assessment given during that examination period.
(xi) Accountability subgroups shall mean the
following subgroups: all students: students from major racial and ethnic
groups, as set forth in subparagraph (bb)(2)(v) of section
100.2 of this Part: students with
disabilities, as defined in section
200.1 of this Title, including
students no longer identified as students with disabilities but who had been so
identified during the preceding one or two school years: English language
learners, as defined in Part 154 of this Title, including students previously
identified as an English language learner during the preceding one, two, three,
or four school years: and economically disadvantaged students as defined in
subparagraph (xii) of this paragraph: except that for the purposes of the
accountability and high school graduation cohorts, students who were students
with disabilities and students who were English language learners at any time
while members of these cohorts shall be included in these subgroups. The school
district accountability groups for each grade level shall include any student
enrolled in a public school in the district or placed out of the district for
educational services by the district committee on special education or a
district official who meets the criteria for the accountability
subgroup.
(xii) Economically
disadvantaged students shall mean students who participate in, or whose family
participates in, economic assistance programs, such as the Free or Reduced
Price Lunch Programs: Social Security Insurance (SSI): Food Stamps: Foster
Care: Refugee Assistance (cash or medical assistance): Earned Income Tax Credit
(EITC): Home Energy Assistance Program (HEAP): Safety Net Assistance (SNA):
Bureau of Indian Affairs (BIA): or Family Assistance: Temporary Assistance for
Needy Families (TANF). Provided that, if one student in a family is identified
as economically disadvantaged, all students from that household may be
identified as economically disadvantaged.
(xiii) For elementary and middle-level
students, participation rate means the percentage of students enrolled during
the test administration period who did not have a significant medical emergency
and who received a valid score on the required State assessment in elementary-
and middle-level grades. The State assessments that may be used in elementary-
and middle-level grades to fulfill the testing requirement for participation in
English Language Arts (ELA) and Mathematics are the New York State Testing
Program (NYSTP) assessments in ELA and Mathematics in grades 3-8, Regents
examinations in Mathematics taken in lieu of the NYSTP assessments for advanced
grades 7 and 8 students, the Alternate Assessment for eligible students with
disabilities in grades 3-8, and the New York State English as a Second Language
Achievement Test (NYSESLAT) for English language learners enrolled in school in
one of the 50 States in the United States (excluding Puerto Rico) or the
District of Columbia for less than one year as of a date determined by the
Commissioner and any examinations accepted to meet graduation and diploma
requirements for students covered under the interstate compact on educational
opportunity for military children pursuant to section
100.20 of this Title.
(xiv) For high school students, participation
rate means the percentage of students in grade 12 during the reporting year who
received a valid score on the required high school assessments. The State
assessments that may be used at the secondary level to fulfill the testing
requirement for participation in English Language Arts (ELA) and Mathematics
are New York State Regents examinations in English and Mathematics, approved
alternatives to Regents exams in English and Mathematics, examinations accepted
to meet graduation and diploma requirements for students covered under the
interstate compact on educational opportunity for military children pursuant to
section 100.20 of this Title and the New
York State Alternate Assessment (NYSAA) for eligible students with disabilities
at the secondary level.
(xv)
Accountability level means a level from 1 to 4 derived when scores earned on
Regents examinations and Regents alternative examinations as defined in this
subdivision are converted to four accountability levels based on predetermined
accountability cut scores established by the Commissioner. Accountability
levels are used for calculating Performance Indices at the secondary level for
ELA, Mathematics, Science, and Social Studies as described in paragraph (2) of
subdivision (b) of this section.
(xvi) Performance levels shall mean for
accountability determinations regarding comprehensive support and improvement
schools, targeted support and improvement schools, and target districts made
commencing with the 2017-2018 school year assessment results, as follows:
(a) for elementary and middle grades:
(1) Level 1 - basic:
(i) a score of Level 1 on State assessments
in ELA, mathematics, and science;
(ii) a score of Level 1 on the New York State
alternate assessment in ELA, mathematics, and science;
(iii) a score of accountability Level 1 on a
Regents mathematics exam for advanced grade 6, 7, or 8 students;
(iv) a score of Level 1 on a Regents science
exam for advanced grade 7 or 8 students;
(2) Level 2 - basic proficient:
(i) a score of Level 2 on State assessments
in ELA, mathematics, and science;
(ii) a score of Level 2 on the New York State
alternate assessment in ELA, mathematics, and science;
(iii) a score of accountability Level 2 on a
Regents mathematics exam for advanced grade 6, 7, or 8 students;
(iv) a score of Level 2 on a Regents science
exam for advanced grade 7 or 8 students.
(3) Level 3 - proficient:
(i) a score of Level 3 on State assessments
in ELA, mathematics, and science;
(ii) a score of Level 3 on the New York State
alternate assessment in ELA, mathematics, and science;
(iii) a score of accountability Level 3 on a
Regents mathematics exam for advanced grade 6, 7, or 8 students;
(iv) a score of Level 3 on a Regents science
exam for advanced grade 7 or 8 students.
(4) Level 4 - advanced:
(i) a score of Level 4 on State assessments
in ELA, mathematics, and science;
(ii) a score of Level 4 on the New York State
alternate assessment in ELA, mathematics, and science;
(iii) a score of accountability Level 4 on a
Regents mathematics examination for advanced grade 6, 7, or 8
students;
(iv) a score of Level 4
on a Regents science examination for advanced grade 7 or 8 students.
(xvii) Minimum
n size shall mean the minimum number of student results that are included
within an accountability subgroup to make an accountability determination on a
particular accountability measure. For purposes of this section, the minimum n
size is 30 unless otherwise provided. For the Weighted Average Achievement
Index and the Core Subject Performance Index the n size applies to the
denominator used to calculate the indices. For English Language Proficiency:
Chronic Absenteeism: Graduation Rate: and College, Career and Civic Readiness,
the n size applies to the denominator used to calculate the rates. For Growth,
the n size applies to three years of results in ELA and Mathematics combined.
For the Weighted Average Achievement Index, the Core Subject Performance Index:
the Composite Performance: Academic Progress: Graduation Rate: and College,
Career, and Civic Readiness indices, if there are fewer than 30 results in the
current school year, then the results from the current and prior school year
shall be combined and used if the results shall be equal to or greater than 30
to meet the minimum n size requirement. Provided, however, that where the
Weighted Average Achievement Index for an accountability group is equal to or
greater than 30, a Core Subject Performance Index shall be computed for that
accountability group so long as there are a minimum of 15 student results for
the Core Subject Performance Index and the number of student results for the
Core Subject Performance Index equals at least 50 percent of the number of
results for the Weighted Average Achievement Index. Provided further that,
where the Composite Performance Index for a high school accountability group is
equal to or greater than 30, a graduation rate shall be computed for that
accountability group so long as there are a minimum of 15 students in the
graduation cohort. If the minimum n size is not sufficient to establish a
baseline for a subgroup in order develop a school or district MIP as defined in
paragraph (2) of this subdivision, the Commissioner shall not make an
accountability determination for an accountability subgroup for the Academic
Progress: Graduation Rate: Chronic Absenteeism: or College, Career, Career, and
Civic Readiness measures.
(xviii)
Self-Assessment Process. For each school year, public schools and school
districts in which a self-assessment process is required pursuant to this
section shall conduct a self-assessment of their academic program and the
school learning environment, in such format and using such criteria as may be
prescribed by the Commissioner. Such self-assessment shall not be required of
those schools and school districts for which the Commissioner shall conduct a
review of the performance of the school or school district in accordance with
subdivision (g) of this section. The superintendent of the school district or
principal of the charter school shall review the self-assessment(s) and make a
recommendation to the Commissioner, in such format and according to such
timeframe as the Commissioner may prescribe, as to whether the accountability
group(s) for which the school is accountable within the school or school
district shall be considered to have performed at Level 1, 2, 3, or 4 for each
accountability measure for which the school is below the minimum n size. The
Commissioner shall consider the self-assessment and any other relevant
information in determining the levels to assign to the school's accountability
group(s) for such measures.
(a) A registered
school that has no continuously enrolled students because all students are
students with disabilities who attend the school and who have been placed
outside of their district of residence (in New York City, outside of their
community school district of residence) for educational services by the
district committee on special education or a school district official shall
participate in a self-assessment process based on the students who are enrolled
in the school. Schools in which a majority of the students for which the school
is accountable have not been enrolled in the school as the result of a school
district placement shall participate in the self-assessment process as
described in this subparagraph.
(xix) BEDS day shall mean the basic
educational data system reporting deadline or such date as prescribed by the
Commissioner.
(xx) Regents
alternative examination shall mean a Department-approved alternative
examination to a Regents examination pursuant to sections
100.2(f) and (mm)
of this Title.
(xxii)
Previous school year and prior school year shall mean the most
recent school year preceding the current school year in which State assessments
were administered.
(xxiii) Three
consecutive years shall mean the current school year and the immediately
preceding two school years, except as otherwise provided in this section,
provided that for accountability determinations based on 2020-2021 school year
results, three consecutive years shall mean determinations based on 2020-2021,
2018-2019, and 2017-2018 school year results and that for accountability
determinations based on 2021-2022 school year results, three consecutive years
shall mean determinations based on 2021-2022, 2020-2021, and 2018-2019 school
year results.
(xxiv)
Two
consecutive years shall mean the current school year and the
immediately preceding school year, except as otherwise provided in this
section, provided that for accountability determinations based on 2020-2021
school year results, in which case two consecutive years shall mean
determinations based on 2020-2021 and 2018-2019 school year
results.
(2) Definitions
related to measures of school and district accountability.
(i) An accountability measure shall mean a
measure used for the purpose of implementing the system of accountability for
schools and districts in accordance with the provisions of this section, and
shall include the following measures for elementary/middle schools:
(1) Composite Performance:
(2) Student Growth:
(3) Combined Composite Performance and
Student Growth:
(4) English
Language Proficiency:
(5) Academic
Progress: and
(6) Chronic
Absenteeism as described in subdivision (f) of this section.
High school accountability measures shall include:
(1) Composite Performance:
(2) Graduation Rate:
(3) Combined Composite Performance and
Graduation Rate:
(4) English
Language Proficiency:
(5) Academic
Progress:
(6) Chronic Absenteeism:
and
(7) College, Career and Civic
Readiness as described in subdivision (f) of this section.
(ii) Graduates are students in the Graduation
Rate Cohort as defined in subparagraph (xvi) of this paragraph who earned a
Regents or local diploma by August 31st of the
reporting year.
(iii) The State
baseline means the statewide performance of an accountability subgroup on an
accountability measure that is used to establish the State Long-term goals and
annual Measures of Interim Progress for that measure. A state baseline shall be
established for the following accountability measures: Academic Progress in
ELA: Academic Progress in Mathematics: the Four-Year Graduation Rate: the
Five-Year Graduation rate: the Six-Year Graduation Rate: chronic absenteeism:
and college, career, and civic readiness.
(iv) School or district baseline mean the
school or school district performance of an accountability subgroup on an
accountability measure that is used to establish the school or school
district's annual measures of interim progress for that subgroup on that
measure. School and district baselines shall be established for the following
accountability measures: Academic Progress in ELA: Academic Progress in
Mathematics: the Four-Year Graduation Rate: the Five-Year Graduation Rate: the
Six-Year Graduation Rate: Chronic Absenteeism: and College, Career, and Civic
Readiness. Provided that for schools or districts with subgroups that fail to
meet the minimum n size requirements, a school and/or district baseline will be
established when such subgroup meets the minimum n size requirements, for the
purpose of establishing Measures of Interim Progress.
(v) State Measures of Interim Progress (State
MIPs). For each accountability measure that a State baseline has been
established, the Commissioner shall establish for each accountability subgroup
annual State MIPs. Prior to the start of the 2018-19 school year, the
Commissioner shall establish State MIPs for the 2017-2018 through the 2021-2022
school years. The Commissioner shall annually establish new State MIPs for the
school year next succeeding the last school year for which State MIPs had been
previously established.
(vi) School
and District Measures of Interim Progress (school and district MIPs). For each
accountability measure for which a school or district baseline has been
established, the Commissioner shall establish for each accountability subgroup
annual school and district MIPs. Prior to the start of the 2018-2019 school
year, the Commissioner shall establish school and district MIPs for the
2017-2018 through the 2021-2022 school years. The Commissioner shall annually
establish new school and district MIPs for the school year next succeeding the
last school year for which school and district MIPs had been previously
established. In the event that a school and/or district undergoes a significant
change in student enrollment as determined by the Commissioner, including but
not limited to a change in grade configuration or a significant increase or
decrease in numbers of students who are members of an accountability subgroup,
the district may petition the Commissioner to revise the school and/or district
specific MIPs assigned to one or more accountability subgroups for one or more
accountability measures in the school.
(vii) State Long-term goal shall mean the
amount of progress the State expects each accountability subgroup to make,
based on the State baseline, at the end of a five-year period towards achieving
the State End-goal. Exceeding Long-term goal is determined by subtracting the
Long-term goal from the State-End-goal, dividing by 2, and then adding the
result to the Long-term goal. The outcome must be at or above that resulting
number.
(viii) State End-goal shall
mean the ultimate desired performance at an undetermined future point for an
accountability subgroup on an accountability measure for which a State
Long-term goal has been established.
(ix) Student growth means the change in
student achievement for an individual student between two or more points in
time.
(x) The Mean Student Growth
Percentile means the result of a statistical model that calculates each
student's change in achievement between two or more points in time on a State
assessment and compares each student's performance to that of similarly
achieving students.
(xi) The
out-of-school suspension rate shall mean the number of students who were
suspended from school (not including in-school suspensions) for one full day or
longer anytime during the school year divided by the number of students
enrolled on BEDS day of that school year commencing with data collected for the
2022-2023 school year. A student is counted only once, regardless of whether
the student was suspended one or more times during the school year. For the
2023-2024 school year results, the Commissioner shall report for each
accountability group for which a school or district is accountable a Level from
1-4 based on the out-of-school suspension rate. For the 2023-2024 school year
results, districts must implement the provisions of 100.21(i)(4) for any
schools that have an accountability group that performs at Level 1 on the
out-of-school suspension indicator. Beginning with the 2024-2025 school year
results, the out-of-school suspension indicator shall be incorporated into the
methodology used to determine the accountability status of schools and
districts under this section.
(xii)
Accountability cohort.
(a) Except as provided
in clauses (b) and (c) of this subparagraph, the accountability cohort for each
public school for purposes of computing secondary-level composite performance
and academic progress for any given school year shall consist of those students
who first enrolled in ninth grade anywhere four years prior to the current
reporting year and who were enrolled in the school on BEDS day of the reporting
year. The district accountability cohort for purposes of computing
secondary-level composite performance and academic progress for any given
school year shall consist of those students who first enrolled in ninth grade
anywhere four years prior to the current reporting year and who were as of BEDS
day for the reporting year, enrolled in the school district or placed by the
school district committee on special education or by school district officials
in educational programs outside the school district on BEDS day of the
reporting year. Students with disabilities in ungraded programs shall be
included in the district and school accountability cohorts in the fourth school
year following the one in which they attained the age of 17.
(b) The following students shall not be
included in the school accountability cohort: students whose last regular
enrollment record indicates that the student transferred to another high school
or alternative high school equivalency preparation program approved pursuant to
section 100.7 of this Part, or for which
the public school or school district has provided evidence of enrollment in a
high school equivalency preparation program on such form as the Commissioner
may prescribe, or a prison or juvenile facility, or home schooling by a parent
or guardian, or postsecondary school prior to earning a diploma, or who are a
prior graduate from outside the United States and enrolled without
documentation from their previous school, or who left the United States or its
territories, or who are deceased: except that, the following students will be
included in the high school cohort of the school they attended before
transferring:
(1) students whose last regular
enrollment record indicates that the student transferred to an alternative high
school equivalency preparation program approved pursuant to section
100.7 of this Part, or for which
the public school or school district has provided evidence of enrollment in a
high school equivalency preparation program on such form as the Commissioner
may prescribe, but leave that program before the end of the third school year
after the school year in which they first entered grade 9 without having earned
a high school equivalency diploma or without entering a program leading to a
high school diploma: and
(c) The following students shall not be
included in the district accountability cohort: students whose last regular
enrollment record as determined by the Commissioner indicates that he/she
transferred to a high school that is not a component of the school district or
to an alternative high school equivalency preparation program approved pursuant
to section 100.7 of this Part, or for which
the public school or school district has provided evidence of enrollment in a
high school equivalency preparation program on such form as the Commissioner
may prescribe, or criminal justice facility, or home schooling by a parent or
guardian, or postsecondary school prior to earning a diploma, or who are a
prior graduate from outside the United States and enrolled without
documentation from their previous school, or who left the United States or its
territories, or who are deceased: except that the following students will be
included in the high school cohort of the school district they attended before
transferring:
(1) students whose last
enrollment record indicates the student transferred to an alternative high
school equivalency preparation program approved pursuant to section
100.7 of this Part or for which the
public school or school district has provided evidence of enrollment in a high
school equivalency preparation program on such form as the Commissioner may
prescribe, but leave that program before the end of the third school year after
the school year in which they first entered grade 9 without having earned a
high school equivalency diploma or without entering a program leading to a high
school diploma.
(xiii) Graduation Rate Cohort.
(a) The four-year graduation rate cohort for
each public school and school district shall consist of those students
(including an ungraded student with a disability in accordance with clause (e)
of this paragraph) whose first date of entry into grade nine (anywhere) was
four years previously and whose last enrollment in the school or district (as
applicable), did not end because of transfer to another school or district (as
applicable), transfer to home schooling by a parent or guardian, transfer to a
postsecondary school prior to earning a diploma, or being a prior graduate from
outside the United States and enrolled without documentation from their
previous school, or leaving the United States or its territories, or
transferred to a prison or juvenile facility, or death. Data for this cohort
are captured as of June 30th of the fourth school year after the school year in
which the cohort first entered grade nine. Data for this cohort are lagged by a
year, except that data for the 2018-19 school year that are used to make
2020-21 school year determinations pursuant to clause (f)(2)(i)(b) of this
section shall not be lagged.
(b)
The five-year graduation rate cohort for each public school, and school
district shall consist of those students (including an ungraded student with a
disability in accordance with clause (e) of this paragraph) whose first date of
entry into grade nine (anywhere) was five years previously and whose last
enrollment in the school or district (as applicable), did not end because of
transfer to another school or district (as applicable), transfer to home
schooling by a parent or guardian, transfer to a postsecondary school prior to
earning a diploma, or being a prior graduate from outside the United States and
enrolled without documentation from their previous school, or leaving the
United States or its territories, or transferred to a prison or juvenile
facility, or death. Data for this cohort are captured as of June 30th of the
fifth school year after the school year in which the cohort first entered grade
nine. Data for this cohort are lagged by a year except that data for the
2018-19 school year that are used to make 2020-21 school year determinations
pursuant to clause (f)(2)(i)(b) of this section shall not be lagged.
(c) The six-year graduation rate cohort for
each public school and school district shall consist of those students
(including an ungraded student with a disability in accordance with clause (e)
of this paragraph) whose first date of entry into grade nine (anywhere) was six
years previously and whose last enrollment in the school or district (as
applicable), did not end because of transfer to another school or district (as
applicable), transfer to home schooling by a parent or guardian, transfer to a
postsecondary school prior to earning a diploma, or being a prior graduate from
outside the United States and enrolled without documentation from their
previous school, or leaving the United States or its territories, or
transferred to a prison or juvenile facility, or death. Data for this cohort
are captured as of June 30th of the sixth school year after the school year in
which the cohort first entered grade nine. Data for this cohort are lagged by a
year except that data for the 2018-19 school year that are used to make 2020-21
school year determinations pursuant to clause (f)(2)(i)(b) of this section
shall not be lagged.
(d) Graduates
are students in the Four-Year, Five-Year, or Six-Year Graduation Rate Cohort
who earned a local or Regents diploma by August 31 following the fourth, fifth
or sixth school year after the school year in which the cohort first entered
grade nine.
(e) Ungraded students
with disabilities shall be included in the Accountability Cohort and the
Four-Year, Five-Year, and Six-Year Graduation Rate Cohorts in the school year
in which they attain the age of 17.
(3) Definitions related to school and
district accountability designations.
(i)
Comprehensive support and improvement (CSI) schools (elementary and middle
schools). The State shall designate elementary/ middle schools as CSI schools
using the following criteria:
(a) Beginning
with the 2018-2019 school year, using 2017-2018 school year results, and the
2023-2024 school year using 2022-2023 school year results, the State shall
identify a minimum five percent of the lowest performing schools as CSI schools
and shall identify CSI schools based upon the results from the all students
group once every three years thereafter, based on the accountability measures
described in subdivision (f) of this section. Provided that, if the
accountability measures used to identify CSI schools in subdivision (f) of this
section result in the identification of fewer than five percent of Title I
public elementary/middle schools in the State, the commissioner shall identify
the lowest performing five percent of Title I public elementary/ middle schools
using the rank ordered list for the combined composite performance and growth
index; and
(b) Any Targeted Support
and Improvement school that has been identified for additional targeted support
based on the performance of one or more accountability subgroups and continues,
following the designation for additional targeted support, to be identified as
a targeted support and improvement school for three consecutive school years
for the performance of the same accountability subgroup(s) shall be
preliminarily identified as a CSI school.
(ii) CSI (high schools). The State shall
designate high schools as CSI schools using the following criteria:
(a) Beginning with the 2018-2019 school year,
using 2017-2018 school year results, and the 2023-2024 school year using
2022-2023 school year results, the State will identify a minimum five percent
of the lowest-performing schools as CSI schools based upon the results from the
all students group once every three years based on the accountability measures
described in subdivision (f) of this section. Provided that, if the methodology
pursuant to subparagraph (f)(1)(i) of this section for elementary/middle
schools and subparagraph (f)(2)(i) of this section for high schools results in
the identification of fewer than five percent of Title I public high schools in
the State, the commissioner shall identify the lowest performing five percent
of Title I public high schools using the rank ordered list for the combined
composite performance and graduation rate index; and
(b) Any targeted support and improvement
school that has been identified for additional targeted support based on the
performance of one or more accountability subgroups consistent with this
section and continues, following the designation for additional targeted
support, to be identified as a targeted support and improvement school for
three consecutive school years for the performance of the same accountability
subgroup(s) shall be preliminarily identified as a CSI school: and
(c) Any school with a Four-Year Graduation
rate below 67 percent and a Five-Year or Six-Year Graduation Rate that is not
at or above 67 percent in the years in which school are identified pursuant to
clause (a) of this subparagraph shall be preliminarily identified as a CSI
school.
(iii) A Targeted
Support and Improvement (TSI) School shall mean a school with one or more
consistently under performing accountability subgroups based on the
accountability measures described in subdivision (f) of this section. These
schools will be identified annually, beginning with the 2019-2020 school year,
except that a school identified as a Priority or Focus School during the
2017-2018 school year may be identified, using 2017-2018 school year data only,
if such school meets the criteria for identification as a TSI school beginning
with the 2018-2019 school year. In addition, a TSI school with any
accountability subgroup performing below the threshold for the all students
subgroup for the lowest performing five percent of schools shall be identified
for additional targeted support in accordance with subdivision (f) of this
section. Beginning with the 2018-2019 school year, TSI schools shall be
identified for additional targeted support in the same years in which CSI
school designations are made based on the performance of the all students
group.
(iv) Target District shall
mean any school district with one or more CSI and/or TSI schools. A Target
District shall also mean any district whose district-wide performance levels
would cause a school to be identified as a CSI or a TSI school pursuant to the
provisions of this section.
(v) A
school in Good Standing means a school that is not identified as a CSI or TSI
school pursuant to the provisions of this section.
(vi) Recognition schools shall mean schools
in good standing that exhibit evidence of high performance and/or rapid
improvement as determined by the Commissioner.
(vii) Struggling school, persistently
struggling school, school district receiver, school intervention plan, school
receiver, and consultation and collaboration shall be as defined in section
100.19(a) of this
Part.
(4) Definitions
related to interventions for designated schools and districts.
(i) Integrated intervention team means a
school quality review team or joint intervention team appointed by the
Commissioner, which may include a distinguished educator appointed by the
Commissioner, to conduct a diagnostic review of a CSI or TSI school or a Target
District or a school under registration review.
(ii) A comprehensive needs assessment means a
comprehensive assessment of the school or district that includes a review of
school or district quality using such form(s) as may be prescribed by the
Commissioner, which may include but is not limited to the diagnostic tool for
school and district effectiveness as defined in paragraph (15) of subdivision
(a) of section
100.19 of this Part: select
state-reported and state-supported data indicators as prescribed by the
Commissioner: and a resource audit as defined in this paragraph.
(iii) A progress needs assessment means an
annual assessment of the school that includes a progress review of the
implementation of the school comprehensive education plan: select
State-reported and State-supported data in comparison to other schools and in
comparison to prior year performance: a resource audit as defined in this
paragraph: and a review of parent, staff, and teacher survey results: provided
that a progress needs assessment shall not be conducted in a school year in
which a comprehensive needs assessment is conducted.
(iv) Resource audit means an audit that
examines the effectiveness of professional development and how schools and
districts use their time (e.g., instructional time, length of school day and/or
school year), space (facilities), staff, and funds in relation to best
practices as determined by Commissioner.
(v) School-level evidence-based intervention
means an activity, strategy, or intervention that has met the criteria outlined
in section 8101(21)(A) of ESSA by demonstrating a statistically significant
effect on improving student outcomes or other relevant outcomes: provided that
such intervention must be implemented so as to affect such percentage of a
school's enrollment or such percentage of classrooms as may be prescribed by
the Commissioner for the school.
(vi) School improvement grant means a grant
awarded by the U.S. Department of Education to the New York State Education
Department as a State Educational Agency (SEA), pursuant to section 1003 of
ESSA and awarded by the New York State Education Department to a local
educational agency (LEA), as defined in this section, as a subgrant.
(vii) Public school choice shall mean the
option for students enrolled in a CSI school to transfer to a public school in
good standing at the appropriate grade level within the district pursuant to
subdivision (i) of this section: provided that if there are no schools in good
standing within the district that serve the grade level of the students,
parents of students in the identified schools shall be offered the ability to
transfer their child to a TSI school.
(viii) School comprehensive education plan
means a school improvement plan, using such form and format as the Commissioner
may prescribe, that CSI and TSI schools shall develop in collaboration with
stakeholders, in accordance with the district's plan for school-based
management and shared decision making pursuant to the requirements of section
100.11 of this Part. The plan must
include an analysis of the school's achievement of previous goals: be based
upon data from the school, including but not limited to, the results of the
comprehensive needs assessment or the progress needs assessment and any
additional data collected by the school: specify the accountability measures
for which the school has been identified: identify initiatives that will be
implemented to positively affect student learning and to address the
accountability measures for which the school has been identified: identify
resource inequities, which may include a review of school and school district
budgeting: explicitly delineate the plan for annually increasing student
performance through comprehensive instructional programs and services as well
as enhancement of teacher and leader effectiveness, with a focus on the
accountability subgroup(s) and measures for which the school was identified:
include evidence-based interventions: and be first implemented no later than
the beginning of the first day of regular student attendance in the school year
following the school's identification. Schools identified as CSI will submit
their plans to the Department for approval, which shall reject any plan that
does not adhere to the directions provided by the Department and/or provide
sufficient evidence in such format as prescribed by the Commissioner that
parents and pedagogical staff and in secondary schools, students, meaningfully
participated in the development of the plan.
(ix) Job-embedded professional development
means professional development for teachers and leaders that is informed by the
results of the comprehensive needs assessment or progress needs assessment of
the school and by the teacher or leader evaluation system and any applicable
supports, and addresses identified teacher and student needs.
(x) Participatory budgeting process shall
mean a process by which CSI schools, beginning with the 2019-2020 school year,
annually set aside and spend a designated amount of allowable funds in such
school year, in an amount specified by the Commissioner and not to be less than
$2,000, for the purpose of funding projects that are proposed by and voted on
by the students and families of the school through a process determined by the
Commissioner. The project proposal period and subsequent final vote must occur
annually within each CSI school and be organized in such manner as may be
specified by the Commissioner, which shall include, at a minimum, guidance that
the final vote to determine the projects that are funded is open to all
students and that the families of each student shall have a minimum of one vote
per family.
(xi) Parent, staff, and
student surveys means annual surveys of parents, staff, and students conducted
by CSI and TSI schools, identified by the district and administered annually in
a manner prescribed by the Commissioner that encourages stakeholder
participation to provide schools with feedback on each of the following areas:
Schoolwide Systems, Organization and Climate, School Leadership, Curriculum and
Instruction, Social-Emotional Developmental Health, and Family Engagement for
the purpose of providing data to support the development and amendments of the
school comprehensive education plan.
(xii) Principal support report means a report
to be completed by school districts with at least one CSI school that did not
meet its Annual Achievement Progression target as defined in subparagraph (xiv)
of this paragraph in which the school district identifies any areas in which
the school district determines that it could more effectively support the
leadership team(s) of its CSI school(s) based upon the specific needs of such
school(s). The report is intended to provide summary information for the
district and the State, and shall be consistent with Education Law sections
3012-c(10) and 3012-d(15) with respect to personally identifiable
information.
(xiii) Principal needs
assessment means a comprehensive assessment of the capacity of the district to
support its school leadership team(s), that will be an additional required
component of the District Needs Assessment in any Target District that has at
least one CSI school that fails to meet its Annual Achievement Progression
Target for two consecutive years, using such methodology and form as may be
prescribed by the Commissioner. The results of such needs assessment shall be
submitted to the Department along with a plan to provide the necessary supports
and resources identified by the assessment and the plan for support based upon
the assessment.
(xiv) Annual
Achievement Progression Target means:
(a) For
elementary and middle schools, an increase between the school's performance in
the current school year compared to the prior school year based on either the
accountability measures described in subclause (1) or (2) of this clause for
the all students group:
(1) both the Core
Subject Performance Index and the Weighted Average Achievement Index as defined
in subdivision (f) of this section: or
(2) the Mean Student Growth Percentile as
defined in subparagraph (x) of paragraph (2) of this subdivision, using only
the most current school year results compared only to the prior school year
results: except that if a school receives a Mean Student Growth Percentile
score of 50 or higher, the Annual Achievement Progression for such school shall
be deemed an increase.
(b) For high schools, an increase between the
school's performance in the current school year compared to the prior school
year on one of the accountability measures described in either subclause (1),
(2) or (3) of this clause for the all students group:
(1) Composite Performance Index computed
pursuant to (f)(i)(a)(9) of this section: or
(2) the unweighted average of the Four-Year,
Five-Year, and Six-Year Graduation Rates computed pursuant to clause (b) of
subparagraph (i) of paragraph (2) of subdivision (f) of this section:
or
(3) Notwithstanding the
provisions of this clause, a school identified as a CSI school solely because
of a Graduation Rate below 67 percent must show an increase on the Average of
the Four-Year, Five-Year, and Six-Year Graduation Rates computed pursuant to
subclause (2) of this clause.
(xv) District comprehensive improvement plan
means a district improvement plan, in such form and format as the Commissioner
may prescribe, that Target Districts shall develop, in collaboration with
stakeholders in accordance with the district's plan for shared decision making
pursuant to the requirements of section
100.11 of this Part. The plan must
include an analysis of the district's achievement of previous goals: be based
upon data from the district, including but not limited to, the results of the
district-level comprehensive needs assessment or school-level comprehensive
needs assessments or progress needs assessments, and any additional data
collected by the district: specify the accountability measures for which the
district has been identified: identify initiatives that will be implemented to
positively affect student learning and to address the accountability measures
for which the district has been identified: identify resource inequities, which
may include a review of school and school district budgeting: explicitly
delineate the plan for annually increasing student performance through
comprehensive instructional programs and services as well as enhancement of
teacher and leader effectiveness, with a focus on the accountability
subgroup(s) and measures for which the district and its schools have been
identified: and be first implemented no later than the beginning of the first
day of regular student attendance in the school year following the district's
identification.
(c) advanced middle school mathematics students:
(1) for students enrolled in grades
6, 7, or 8 and who take a Regents examination in mathematics but do not take
the grade 6, 7, or 8 New York State testing program assessment in mathematics,
participation and accountability determinations for the school in which the
student is enrolled in grade 6, 7 or 8 shall be based upon such student's
performance on the Regents examination in mathematics. Participation and
accountability determinations for the high school in which such student later
enrolls shall be based upon such student's performance on mathematics
assessments taken after the student first enters grade 9;
(2) for students enrolled in grades 6, 7 or 8
who take both the grade 6, 7, or 8 New York State testing program assessment in
mathematics and a Regents examination in mathematics, participation and
accountability determinations for the school in which the student is enrolled
in grade 6, 7 or 8 shall be based upon such student's performance on the New
York State testing program assessment in mathematics. Participation and
accountability determinations for the high school in which such student later
enrolls shall be based upon such student's highest performance level/score
earned on the Regents examination taken in grade 6, 7, or 8 or Regents
examinations or approved alternatives of Regents examinations taken after the
student first enters grade 9;
(d) advanced middle school science students:
(1) for students enrolled in grade 7 or 8 who
take a Regents examination in science but do not take the grade 8 intermediate
science test, accountability determinations for the school in which such
student is enrolled in grade 7 or 8 shall be based upon such student's
performance on the Regents examination in science. Participation and
accountability determinations for the high school in which such student later
enrolls shall be based upon such student's performance on science assessments
after the student first enters grade 9;
(2) for students enrolled in grade 7 or 8 who
take both the grade 8 science intermediate-level science test and a Regents
examination in science, accountability determinations for the school in which
such student is enrolled in grade 7 or 8 shall be based upon such student's
performance on the grade 8 intermediate-level science test. Participation and
accountability determinations for the high school in which such student later
enrolls shall be based upon such student's highest performance level/score
earned on the Regents examination taken in grade 7 or 8 or Regents examinations
taken after the student first enters grade 9;
(3) for students who took the grade 8
intermediate-level science test when they were enrolled in grade 7 and who take
a Regents examination in science when enrolled in grade 7 or 8, accountability
determinations for the school in which such student is enrolled in grade 8
shall be based upon such student's performance on the Regents examination in
science;
(4) for students who have
taken the grade 8 science intermediate assessment when enrolled in grade 7 and
who do not take a Regents examination in science when enrolled in grade 7 or 8,
accountability determinations for the school in which the student is enrolled
in grade 8 shall be based upon the student's performance on the grade 8
intermediate-level test taken in grade 7.
(e) System of accountability for student success. Each school year, commencing with the 2017-2018 school year results, the Commissioner shall review the performance of all public schools and school districts in the State. The Commissioner shall determine whether such public schools shall be identified as a CSI or TSI school and/or whether each school district shall be identified as a Target District in accordance with the accountability criteria set forth in subdivision (f) of this section.
(f) Accountability system for schools and districts.
(1) Accountability system for
elementary and middle schools.
(i) CSI
school. An elementary/middle school shall be preliminarily identified as a CSI
school using the following decision table, which combines the following
measures of student performance for all students in the school:
(1) Composite Performance:
(2) Student Growth:
(3) Combined Composite Performance and
Student Growth:
(4) English
Language Proficiency:
(5) Academic
Progress: and
(6) Chronic
Absenteeism. A school shall be preliminarily identified as a CSI school if one
or more of the rows in the decision table are applicable to the school:
provided that in order to be preliminarily identified using the decision table
below, a performance level must be assigned at a minimum to the Combined
Composite Performance and Student Growth measure and one or more of the
following measures: English Language Proficiency, Academic Progress, and/or
Chronic Absenteeism.
Decision Table for Identification of Comprehensive Support and Improvement Elementary/Middle Schools
|
Composite Performance Level |
Student Growth Level |
Combined Composite Performance & Growth Level |
English Language Proficiency Level |
Academic Progress Level |
Chronic Absenteeism Level |
|
Both Level 1 |
Level 1 |
Any Level |
Any Level |
||
|
Either Level 1 |
Level 1 |
None* |
Any One of the Two is Level 1 |
||
|
Either Level 1 |
Level 1 |
Level 1 |
Any Level |
||
|
Either Level 1 |
Level 1 |
Level 2 |
Any Level 1 |
||
|
Either Level 1 |
Level 1 |
Level 3 or 4 |
Both Level 1 |
||
*"None" means there were not enough English language learners to meet the minimum n-size requirement.
(a) Composite Performance Level. For each
public elementary/middle school whose all students subgroup meets the minimum
n-size requirements as defined in paragraph (1) of subdivision (b) of this
section, a Composite Performance Level using the results of ELA and Mathematics
assessments in grades 3-8 and Science assessments for grades 4 and 8 shall be
computed by the Commissioner in accordance with the following steps:
(1) The Commissioner shall first determine an
ELA and a Mathematics Achievement Index for each public school in the State.
The ELA and the Math Achievement Index is a number between 0-250 that is
computed separately for ELA and math for a subgroup by summing the number of
continuously enrolled students who scored at Level 2, plus the number of
continuously enrolled students who scored at Level 3 multiplied by 2, plus the
number of continuously enrolled students who scored at Level 4 multiplied by
2.5 (numerator) and dividing this result by the greater of the number of
continuously enrolled students in the subgroup with valid test scores or 95% of
continuously enrolled students (denominator). The result of this division is
then multiplied by 100.
(2) The
Commissioner shall then determine a Science Achievement Index for each public
school in the State. The Science Achievement Index is a number between 0-250
that is computed for Science for a subgroup by summing the number of
continuously enrolled students who scored at Level 2, plus the number of
continuously enrolled students who scored at Level 3 multiplied by 2, plus the
number of continuously enrolled students who scored at Level 4 multiplied by
2.5 (numerator), and dividing this result by the greater of the number of
continuously enrolled students in the subgroup with valid test scores or 95% of
continuously enrolled students (denominator). The result of this division is
then multiplied by 100.
(3) The
Commissioner shall then compute the Weighted Average Achievement Index, which
is a number between 0-250 that is computed as the weighted average of the ELA,
Mathematics, and Science achievement indices.
(4) The Commissioner shall then rank order
schools based on their performance on the Weighted Average Achievement
Index.
(5) Each elementary/middle
school will then be assigned a Weighted Average Achievement Level from 1-4
based on such rank ordering using the table below:
|
Weighted Average Achievement Rank |
Weighted Average Achievement Level |
|
10% or Less |
1 |
|
10.1 to 50% |
2 |
|
50.1 to 75% |
3 |
|
Greater than 75% |
4 |
(6)
The Commissioner shall then compute the Core Subject Performance Index, which
is a number from 0-250 that is computed by summing for elementary/middle-level
ELA, Mathematics, and Science, the number of continuously enrolled students who
scored at Level 2, plus the number of continuously enrolled students who scored
at Level 3 multiplied by 2, plus the number of continuously enrolled students
who scored at Level 4 multiplied by 2.5 (numerator), and dividing this result
by the number of valid test results for continuously enrolled students in ELA,
Mathematics, and Science (denominator). The result of this division is then
multiplied by 100 to determine the Index.
(7) The Commissioner shall then rank order
schools by the Core subject Performance Index.
(8) Each elementary/middle school will then
be assigned a Core subject Performance Level 1-4 based on such rank ordering
using the table below:
|
Core subject |
Core |
|
Performance Index Rank |
Subject Performance Level |
|
10% or Less |
1 |
|
10.1 to 50% |
2 |
|
50.1 to 75% |
3 |
|
Greater than 75% |
4 |
(9)
The Commissioner shall combine the results of the Weighted Average Achievement
Level as calculated in subclause (5) with the Core Subject Performance Index
Level as calculated in subclause (8) to create a Composite Performance Index.
The Composite Performance Index for elementary/middle schools is a calculation
by which the results of the Weighted Average Achievement Level and the Core
Subject Performance Index Level are combined to be used as a measure of
academic achievement pursuant to subdivision (f) of this section. Provided
that, for elementary/middle schools in the State with the same Composite
Performance Index, the Commissioner shall rank order schools using the higher
of the Weighted Average Achievement rank order as calculated in subclause (4)
or the Core subject Performance Index rank order as calculated in subclause (7)
of this clause.
(10) The
Commissioner shall then assign a Composite Performance Achievement Level from
1-4 for all schools based on the Composite Performance Index rank ordering
described in subclause (9) of this clause using the table below:
|
Composite Performance Index Rank |
Composite Performance Level |
|
10% or Less |
1 |
|
10.1 to 50% |
2 |
|
50.1 to 75% |
3 |
|
Greater than 75% |
4 |
The resulting Composite Performance Level is then used in the table described in subparagraph (i) of paragraph (1) of subdivision (f) of this section as one of multiple measures of performance to determine whether the school is preliminarily identified as a CSI school.
(11) If the all students subgroup does not
meet the minimum n size, as defined in paragraph (1) of subdivision (b) of this
section, then the school shall be identified using the established process for
small schools (self-assessment process), as described in paragraph (1) of
subdivision (b) of this section.
(b) Student Growth Level. For each public
elementary/middle school whose all students subgroup meets the minimum n-size
requirements as defined in paragraph (1) of subdivision (b) of this section, a
Student Growth Level will be determined in accordance with the following steps:
(1) A mean growth percentile for the all
students subgroup in each school shall be calculated by adding the student
growth percentile scores for continuously enrolled students in grades 4-8 ELA
to the student growth percentile scores for continuously enrolled students in
grades 4-8 math for the current and the previous two school years in which the
State Grade 3-8 ELA and math assessments have been administered, and dividing
the result by the total number of student growth percentile scores in those
grades/subjects and years;
(2) The
Commissioner shall then create a rank ordered list of school performance based
on the school's Mean Growth Percentile score.
(3) A Student Growth Level from 1-4 shall
then be assigned to each school using the table below:
|
Mean Growth Percentile |
Student Growth Level |
|
45 or less |
1 |
|
45.1 to 50 |
2 |
|
50.1 to 54 |
3 |
|
Greater than 54 |
4 |
(4)
The resulting Student Growth Level is then used in the table described in
subparagraph (i) of paragraph (1) of this subdivision as one of multiple
measures of student performance to determine whether the school is
preliminarily identified as a CSI school.
(c) Combined Composite Performance and Growth
Level. For each public elementary/middle school meeting the minimum n-size
requirement as defined in paragraph (1) of subdivision (b) of this section, a
Combined Composite Performance and Student Growth Level shall be computed by
the Commissioner in accordance with the following steps:
(1) The Commissioner shall generate a
combined Composite Performance and Student Growth rank ordered list by summing
a school's Composite Performance Index final rank order as described in
subclause (9) of clause (a) of this subparagraph and the school's Student
Growth rank order as described in clause (b) of this subparagraph.
(2) If there is no Student Growth Level for
the school because the all students subgroup did not meet the minimum n size
for the Student Growth measure, then the Combined Composite Performance and
Student Growth Level shall be determined using the Composite Performance Level
only.
(3) A Combined Composite
Performance and Student Growth Level from 1-4 shall then be assigned to each
school based on the school's placement on a rank ordered list in comparison
with other schools in accordance with the following table:
|
Rank Based on Combined Composite Performance and Student Growth |
Level |
|
In the lowest 10% |
1 |
|
Between 10 1% and 50% |
2 |
|
Between 50 1 and 75% |
3 |
|
In the highest 75% |
4 |
(4)
The resulting Combined Composite Performance and Student Growth Level is then
used in the table described in subparagraph (i) of paragraph (1) of this
subdivision as one of multiple measures of performance to determine whether the
school is preliminarily identified as a CSI school.
(d) English Language Proficiency Level. For
each public elementary/middle school meeting the minimum n-size requirements as
defined in paragraph (1) of subdivision (b) of this section, the Commissioner
shall compute an English Language Proficiency Level in accordance with the
following steps:
(1) The Commissioner shall
first determine an initial level of proficiency and the corresponding years
that the student was identified as an English Language Learner based upon the
student's performance on the NYSESLAT in the initial year of identification as
an English Language Learner pursuant to Part 154 of this Title.
(2) The Commissioner shall then determine
progress rates for each student based on the years that the student has been
identified as an English language learner and the level achieved on the
NYSESLAT in the first year in which the student was identified as an English
Language Learner pursuant to Part 154 of this Title.
(3) The Commissioner shall then calculate
each school's success ratio based on all continuously enrolled students'
results compared to continuously enrolled students' progress rates, as
determined by the Commissioner. Utilizing this information, each school shall
then be assigned an English Language Proficiency Level from 1-4 in accordance
with the following table:
|
Success Ratio |
English Language Proficiency Level |
|
0-0.49 |
1 |
|
0.50-0.99 |
2 |
|
1.0-1.24 |
3 |
|
1.25+ |
4 |
(4)
The resulting English Language Proficiency Level is then used in the table
described in subparagraph (i) of paragraph (1) of this subdivision as one of
multiple measures of performance to determine whether the school shall be
preliminarily identified as a CSI School.
(e) Academic Progress Level. For each public
elementary/middle school meeting the minimum-size requirement as defined in
paragraph (1) of subdivision (b) of this section, the Commissioner shall
compute an Academic Progress Level in accordance with the following steps:
(1) The Commissioner shall calculate separate
ELA and Mathematics Academic Achievement Indices from 0-250 for the all
students subgroup in the school.
(2) The Commissioner shall then determine a
separate State MIP and Long-term goal for ELA and Mathematics.
(3) The Commissioner shall determine a
separate school MIP in ELA and in Mathematics.
(4) The Commissioner shall then assign an
Academic Progress Level in ELA from 1-4 using the table below based on each of
the following: whether or not the school's ELA Academic Achievement Index met,
exceeded, or failed to meet:
(1) the State
Long-term goal,
(2) the State MIP,
and/or
(3) the school's
MIP.
(5) The Commissioner
shall then assign an Academic Progress Level in Mathematics from 1 to 4 using
the table below based on each of the following: whether or not the school's
Mathematics Academic Achievement Index met, exceeded, or failed to meet:
(1) the State Long-term goal,
(2) the State MIP and/or,
(3) the school's MIP.
|
Did Not Meet Long-Term Goal |
Met Long-Term Goal |
Exceeded Long-Term Goal |
|
|
Did not meet either MIP |
Level 1 |
N/A |
N/A |
|
Met lower of State or School MIP |
Level 2 |
Level 3 |
Level 4 |
|
Met higher of State or School MIP |
Level 3 |
Level 4 |
Level 4 |
(6) The Commissioner shall then average the
ELA Academic Progress Level assigned in subclause (4) of this clause and the
Mathematics Academic Progress Level assigned in subclause (5) of this clause.
The resulting average Academic Progress Level will be rounded down to the
nearest whole number that represents the level that will be used and an
Academic Progress Level from 1-4 will be assigned. The resulting Academic
Progress Level is then used in the table described in subparagraph (i) of
paragraph (1) of this subdivision as one of multiple measures of performance to
determine whether the school is preliminarily identified as a CSI
School.
(7) Notwithstanding the
Academic Progress Level resulting from the table above, using the all students
subgroup's baseline performance as measured by the previous school year test
results, for purposes of the accountability designation, if the all students
subgroup does not meet the lower of the State or school MIP but increases the
Achievement Index by an amount at least equal to the difference between the
higher of the school's current year MIP and prior year MIP or the current year
State MIP and prior year State MIP, the all students subgroup will be assigned
an Academic Progress Level 2. Provided further that, if the all students
subgroup meets either but not both of the school and State MIP for that
subgroup and makes progress that is equivalent to at least three times the
difference between the lower of the school specific current and prior year MIPs
and the State current and prior year MIPs for that subgroup, but if such
progress is insufficient for the subgroup to meet the higher of the State or
school MIP or the Long-term goal, the all students subgroup will be assigned an
Academic Progress Level 3.
(f) Chronic Absenteeism Level. For each
public elementary/middle school meeting the minimum n-size requirement pursuant
to subparagraph (xvii) of paragraph (1) of subdivision (b) of this section, the
Commissioner shall compute a Chronic Absenteeism Level in accordance with the
following steps:
(1) The Commissioner shall
first compute the school's Chronic Absenteeism Rate, which means the number of
students enrolled during the school year in a school for a minimum of ten
instructional days and in attendance at least one of those days who were absent
(excused or unexcused) for at least 10 percent of enrolled instructional days
divided by the total number of students enrolled during the school year,
expressed as a percentage. Suspensions are not counted as excused or unexcused
absences, as suspended students are required to be provided with instruction
while they are suspended. At the elementary/middle level. Chronic Absenteeism
is calculated for grades 1-8 and ungraded age equivalent students.
(2) The Commissioner shall then determine a
State MIP and Long-term goal for Chronic Absenteeism.
(3) The Commissioner shall also determine a
school MIP for Chronic Absenteeism.
(4) The Commissioner shall then assign a
Chronic Absenteeism Level from 1-4 based on whether the school's Chronic
Absenteeism Rate, as defined in this clause met, exceeded, or failed to meet:
(1) the State Long-term goal,
(2) the State MIP, and/or
(3) the school MIP. Utilizing this
information, each school shall then be assigned a Chronic Absenteeism Level
from 1-4 in accordance with the following table:
|
Did Not Meet Long-Term Goal |
Met Long-Term Goal |
Exceeded Long-Term Goal |
|
|
Did not meet either MIP |
Level 1 |
N/A |
N/A |
|
Met lower MIP |
Level 2 |
Level 3 |
Level 4 |
|
Met higher MIP |
Level 3 |
Level 4 |
Level 4 |
(5) The resulting Chronic Absenteeism Level
is then used in the table described in subparagraph (i) of paragraph (1) of
this subdivision as one of multiple measures of performance to determine
whether the school is preliminarily identified as a CSI school.
(6) Notwithstanding the Chronic Absenteeism
Level generated by the table above, for purposes of the accountability
designation, if the all students subgroup does not meet the lower of the State
or school MIP but decreases the Chronic Absenteeism Rate by an amount equal to
the difference between the lower of the school's current year MIP and prior
year MIP or the current year State MIP and prior year MIP for the all students
subgroup, the all students subgroup will be assigned a Chronic Absenteeism
Level 2. Provided further that, if the all students subgroup meets either but
not both the school and State MIP for that subgroup and makes progress in
decreasing the Chronic Absenteeism Rate that is equivalent to three times the
difference between the lower of the school specific current and prior year MIP
and the State current and prior year MIP for the all students subgroup, but if
such progress is insufficient for the all students subgroup to meet the more
rigorous of the State or school MIP or the State Long-term goal, the all
students subgroup will be assigned a Chronic Absenteeism Level 3.
(7) Provided further that, notwithstanding
the Chronic Absenteeism Level determined pursuant to paragraphs (4), (5) and
(6), the Commissioner may assign a Chronic Absenteeism Level 1 to an all
students subgroup whose chronic absenteeism rate is below a percent established
by the Commissioner and the Commissioner may assign a Chronic Absenteeism Level
2 to an all students subgroup whose chronic absenteeism rate is at or above a
percent established by the Commissioner.
(g) For feeder schools: The Weighted Average
Achievement Index and Level, the Core Subject Performance Index and Level, the
Composite Performance Index and Level, and the Academic Progress Level of
public schools, school districts, and charter schools serving grades 1 and/or
2, but not grade 3 or higher (hereafter referred to as "feeder schools") will
be determined using back mapping. In school districts with such feeder schools
and in school districts that accept grade 3 students from feeder schools in
other school districts by contract, the grade 3 State assessment results for
each feeder school student will be attributed to the feeder school as well as
to the school in which the student took the assessment. The student's results
will be attributed to a feeder school only if the student was continuously
enrolled in the feeder school from BEDS day until the end of the school year in
the highest grade served by the feeder school. For feeder schools, the Combined
Composite Performance and Growth Level will be determined using the
Elementary/Middle-Level ELA and Math Composite Performance Level
only.
(ii)
Targeted Support and Improvement (TSI) Elementary/Middle Schools. An
elementary/middle school shall be preliminarily identified as a TSI school if
the school meets the criteria for identification outlined in the table below
for two consecutive school years for the same accountability subgroup, except
that a school identified as a Priority or Focus School during the 2017-2018
school year may be identified, using 2017-2018 school year data only, if such
school meets the criteria for identification as a TSI school beginning with the
2018-2019 school year.
(a) The decision table
below combines multiple measures of performance for accountability subgroups in
the school using the same methodology used to designate CSI schools pursuant to
subparagraph (i) of this paragraph and using the following accountability
measures:
(1) Composite
Performance;
(2) Student
Growth;
(3) Combined Composite
Performance and Student Growth;
(4)
English Language Proficiency;
(5)
Academic Progress; and
(6) Chronic
Absenteeism.
(b) The
designations for TSI schools shall be based on the performance of
accountability subgroups, as defined in paragraph (1) of subdivision (b) of
this section and shall not include the performance of the all students
accountability subgroup: provided that, in order to be preliminarily identified
using the decision table below, a performance level must be assigned to, at a
minimum, the Combined Composite Performance and Student Growth measure and one
or more of the following measures: English Language Proficiency, Academic
Progress, and/or Chronic Absenteeism.
Decision Table for Identification of Targeted Support and Improvement Elementary/Middle Schools
|
Composite Performance Level |
Student Growth Level |
Combined Composite Performance & Growth Level |
English Language Proficiency Level |
Academic Progress Level |
Chronic Absenteeism Level |
|
Both Level 1 |
Level 1 |
Any Level |
Any Level |
||
|
Either Level 1 |
Level 1 |
None* |
Any One of the Two is Level 1 |
||
|
Either Level 1 |
Level 1 |
Level 1 |
Any Level |
||
|
Either Level 1 |
Level 1 |
Level 2 |
Any Level 1 |
||
|
Either Level 1 |
Level 1 |
Level 3 or 4 |
Both Level 1 |
||
*"None" means there were not enough English Language learners to meet the minimum n size requirement.
(c) If a school meets the identification
criteria for both a CSI and TSI school, the school shall be designated as a CSI
school: provided however that if in the year in which a CSI school is removed
from CSI identification and such school meets the criteria for a TSI school,
the school shall be designated as a TSI school.
(d) When the Commissioner creates a rank
ordered list for the racial/ethnic subgroup for purposes of identification of
TSI schools, one rank ordered list will be generated for all racial/ethnic
groups combined.
(iii)
TSI schools identified for additional support.
(a) Beginning with the 2018-2019 school year,
for each year in which the Commissioner identifies CSI schools based on the
performance of the all students subgroup in accordance with subparagraph (i) of
paragraph (1) of subdivision (f) of this section, the Commissioner shall
identify for additional targeted support any TSI school with a subgroup whose
performance would have caused the school to be identified as a CSI school using
the methods for identification specified in subdivision (f) of this
section.
(b) Such school shall be
identified for additional targeted support only if the school had been
identified as a TSI school in the prior school year and remains so identified
in the current school year.
(c)
Notwithstanding the provisions of clause (a) of this subparagraph, in assigning
Performance Levels for the purpose of determining whether the performance of a
subgroup in a TSI school would have caused the school to be identified as a CSI
school, the Commissioner shall:
(1) Assign to
the subgroup the Weighted Average Achievement Level that would have been
assigned to the all students subgroup with the same Weighted Average
Achievement Index for purposes of identifying CSI schools.
(2) Assign to the subgroup the Core Subject
Performance Index Level that would have been assigned to the all students
subgroup with the same Core Subject Performance Index for purposes of
identifying CSI schools.
(3) Assign
to the subgroup the Composite Performance Achievement Level that would have
been assigned to the all students subgroup with the same Weighted Average
Achievement Level, Weighted Average Achievement Index ranking. Core Subject
Performance Index Level and Core Subject Performance Index ranking for purposes
of identifying CSI schools.
(4)
Assign to the subgroup the Student Growth Level that would have been assigned
to the all students subgroup with the same Mean Student Growth Percentile for
purposes of identifying CSI schools.
(5) Assign to the subgroup the Combined
Composite Performance and Student Growth Level that would have been assigned to
the all students subgroup with the same Combined Composite Performance and
Growth rank for purposes of identifying CSI schools.
(6) For measures of English Language
Proficiency; Academic Progress: and Chronic Absenteeism as defined in
subdivision (b) of this section, the Commissioner shall use the State MIP and
State Long-term goal applicable to the all students subgroup to determine the
subgroup's performance level on these
measures.
(2) Accountability system for high schools.
(i) CSI schools. A high school shall be
preliminarily identified as a CSI school using the following decision table,
which combines multiple measures of performance for all students in the school,
as defined in paragraph (1) of subdivision (b) of this section, using the
following accountability measures:
(1)
Composite Performance;
(2)
Graduation Rate;
(3) Combined
Composite Performance and Graduation Rate;
(4) English Language Proficiency;
(5) Academic Progress;
(6) Chronic Absenteeism; and
(7) College, Career, and Civic Readiness:
provided that in order to be preliminarily identified using the decision table
below a performance level must be assigned to, at a minimum, the Combined
Composite Performance and Graduation Rate measure and one or more of the
following measures: English Language Proficiency: Academic Progress: Chronic
Absenteeism: and/or College, Career, and Civic Readiness ("CCCR"). A school
shall be preliminarily identified as a CSI school if it meets any of the
conditions in the rows of the decision table below. Provided, however, that
notwithstanding the table below, beginning with 2017-2018 school year
graduation results, any public high school with a Four-Year Graduation Rate
below 67 percent and a Five-Year or Six-Year Graduation Rate that is not at or
above 67 percent will be preliminarily identified as a CSI school.
Decision Table for Identification of Comprehensive Support and Improvement High Schools
|
Composite Performance Level |
Grad Rate Level |
Combined Composite Performance & Grad Rate Level |
ELP Level |
Progress Level |
Chronic Absenteeism Level |
CCCR Level |
|
Both Level 1 |
Level 1 |
Any Level |
Any Level |
|||
|
Either Level 1 |
Level 1 |
None* |
Any One of the Three is Level 1 |
|||
|
Either Level 1 |
Level 1 |
Level 1 |
Any Level |
|||
|
Either Level 1 |
Level 1 |
Level 2 |
Any Level 1 |
|||
|
Either Level 1 |
Level 1 |
Level 3 or 4 |
Any Two Level 1 |
|||
*"None" means there were not enough English Language Learners to meet the minimum n-size requirement.
(a) Composite Performance Level. For each
public high school whose all students group, as an accountability subgroup
defined in subparagraph (x) of paragraph (1) of subdivision (b) of this
section, meets the minimum n-size requirements pursuant to paragraph (1) of
subdivision (b) of this section, a Composite Performance Level using the
results of the ELA, Mathematics, Science, and Social Studies assessments for
the Accountability Cohort shall be computed by the Commissioner in accordance
with the following steps:
(1) The
Commissioner shall first calculate a Performance Index separately for ELA,
Mathematics, Science, and Social Studies at the secondary level using the
following formula for each subject:
(i) The
sum of the number of students in the Accountability Cohort who scored at Level
2, plus the number who scored at Level 3 multiplied by 2, plus the number who
scored at Level 4 multiplied by 2.5 (numerator), divided by the number of
students in the Accountability Cohort as defined in paragraph (2) of
subdivision (b) of this section (denominator). The result of this division is
then multiplied by 100 to establish the Performance Index for each subject
area.
(2) The
Commissioner shall then combine the Performance Indices for ELA, Mathematics,
Science, and Social Studies to calculate a Composite Performance Index in
accordance with the following formula:
(i)
The sum of the ELA Performance Index multiplied by three, plus the result of
the Mathematics Performance Index multiplied by three, plus the result of the
Science Performance Index multiplied by two, plus the result of the Social
Studies Performance Index multiplied by one, divided by the sum of the
multipliers used to make this calculation.
(3) The Commissioner shall then rank order
schools based on their Composite Performance Index in accordance with subclause
(2) of this clause, except that upon a finding of extenuating or extraordinary
circumstances, the Commissioner may in creating the rank ordered list exclude
from the rankings those schools that meet the criteria established in
subparagraphs (vii) and (xviii) of paragraph (b) of this section as well as
schools that are implementing a plan for school closure or phase out that has
been approved by the Commissioner.
(4) The Commissioner shall then assign a
Composite Performance Achievement Level for all schools based on the rank
ordering described in subclause (3) of this clause using the table below:
|
Composite Performance Index Rank |
Composite Performance Achievement Level |
|
10% or Less |
1 |
|
10.1 to 50% |
2 |
|
50.1 to 75% |
3 |
|
Greater than 75% |
4 |
*"The Commissioner may exclude from the rank ordered list schools defined in subparagraph (VII) of paragraph (1) of subdivision (b) of this section or schools defined in subdivision 8 of section 4001 of the Education Law.
The resulting Composite Performance Achievement Level is then used in the table described in subparagraph (i) of paragraph (2) of this subdivision as one of multiple measures of performance to determine whether the school shall be preliminarily identified as a CSI school.
(5) If the all students subgroup does not
meet the minimum n size for the Composite Performance Achievement Level, as
defined in paragraph (1) of subdivision (b) of this section, then the school
shall be identified using the established self-assessment process, as described
in paragraph (1) of subdivision (b) of this section.
(b) Graduation Rate Level. For each public
high school meeting the minimum n-size requirement pursuant to paragraph (1) of
subdivision (b) of this section, the Commissioner shall compute a Graduation
Rate Level for the Four-Year, Five-Year, and Six-Year Graduation Rate, as
applicable in accordance with the following steps:
(1) The Commissioner shall first determine a
State MIP and Long-term goal based on the State Four-Year, Five-Year, and
Six-Year Graduation Rate.
(2) The
Commissioner shall also determine a school MIP based on the school's Four-Year,
Five-Year, and Six-Year Graduation Rate.
(3) The Commissioner shall then assign a
Graduation Rate Level from 1 to 4 based on the average of the school's
Four-Year, Five-Year and Six-Year Graduation Rates, as available, based on
whether or not the school met, exceeded, or failed to meet each of the
following:
(1) the State Long-term
goal,
(2) the State MIP,
and/or
(3) the school MIP for the
Four-Year, Five-Year, and Six-Year Graduation Rate in accordance with the
following table:
|
Did Not Meet Long-Term Goal |
Met Long-Term Goal |
Exceeded Long-Term Goal |
|
|
Did not meet either MIP |
Level 1 |
N/A |
N/A |
|
Met lower MIP |
Level 2 |
Level 3 |
Level 4 |
|
Met higher MIP |
Level 3 |
Level 4 |
Level 4 |
(4)
The Commissioner shall then average the Four-Year, Five-Year, and Six-Year
Graduation Rate Level, as applicable to the school. The resulting average
Graduation Rate Level will be rounded to the nearest level for a Graduation
Rate Level from 1-4.
(5) The
resulting Graduation Rate Level is then used in the table described in
subparagraph (i) of paragraph (2) of this subdivision as one of multiple
measures of performance to determine whether the school is preliminarily
identified as a CSI school.
(6)
After the Graduation Rate Level has been assigned to the school, the
Commissioner shall create a Graduation Rate rank order list by first rank
ordering schools by Graduation Rate Level and then rank ordering schools by
their average Graduation Rate within each level.
(7) Provided, however, that notwithstanding
the table above, any public high school with a graduation rate of 67 percent or
below on the Four-Year Graduation Rate cohort that does not have a Five-Year or
Six-Year Graduation Rate Cohort at or above 67 percent shall be preliminarily
identified as a CSI school.
(8)
Provided further that, notwithstanding the Graduation Rate Level generated by
the table above, for purposes of the accountability designation, if the all
students subgroup does not meet the lower of the State or school MIP but
increases the graduation rate by an amount at least equal to the difference
between the lower of the school's current year MIP and prior year MIP or the
State's current year MIP and prior year MIP for the all students subgroup, the
all students subgroup will be assigned a Graduation Rate Level 2. Provided
further that, if the all students subgroup meets either but not both of the
school and State MIP for the all students subgroup and makes progress that is
at least equal to three times the difference between the lower of the
school-specific current and prior year MIPs and the State's current and prior
year MIPs for the all students subgroup, but if such progress is insufficient
for the all students subgroup to meet the higher of the State or school MIP or
the Long-term goal, the all students subgroup will be assigned a Graduation
Rate Level 3.
(9) Provided further
that, notwithstanding the Graduation Rate Level determined pursuant to
paragraphs (7) and (8), the Commissioner may assign a Graduation Level 1 to an
all students subgroup whose unweighted average Four-Year, Five-Year, and
Six-Year graduation rates are below a percent established by the Commissioner
and the Commissioner may assign a Graduation Level 2 to an all students
subgroup whose unweighted average Four-Year, Five-Year, and Six-Year graduation
rates is at or above a percent established by the
Commissioner.
(c) Combined Composite Performance and
Graduation Rate Level. For each public high school meeting the minimum n-size
requirement as defined in paragraph (1) of subdivision (b) of this section, a
Combined Composite Performance and Graduation Rate Level shall be computed by
the Commissioner in accordance with the following steps:
(1) The Commissioner shall generate a
combined Composite Performance and Graduation Rate rank ordered list by summing
a school's Composite Performance Index rank order, as described in clause (a)
of this subparagraph, and the school's Graduation Rate rank order as described
in clause (b) of this subparagraph.
(2) A Combined Composite Performance and
Graduation Rate Level from 1-4 shall then be assigned to each school based on
the school's Combined Composite Performance and Graduation Rate ranking in
accordance with the following table.
|
Rank Based on Combined Composite Performance and Graduation Rate Rankings |
Combined Composite Performance & Graduation Rate Level |
|
In the lowest 10% |
1 |
|
Between 10.1% and 50% |
2 |
|
Between 50.1 and 75% |
3 |
|
In the highest 75% |
4 |
*"The Commissioner may exclude from the rank ordered list schools defined in subparagraph (VII) of paragraph (1) of subdivision (b) of this section or schools defined in subdivision 8 of section 4001 of the Education Law.
(3) The
resulting Combined Composite Performance and Graduation Rate Level shall then
be used in the table described in subparagraph (i) of paragraph (2) of this
subdivision as one of multiple measures of performance to determine whether the
school is preliminarily identified as a CSI school: provided that if the all
students subgroup does not meet the minimum n size for the Graduation Rate
measure, as defined in paragraph (1) of subdivision (b) of this section, then
the Combined Composite Performance and Graduate Rate Level will be determined
using the Composite Performance Level only.
(d) English Language Proficiency Level. For
each public high school meeting the minimum n-size requirements as defined in
paragraph (1) of subdivision (b) of this section, the Commissioner shall
compute an English Language Proficiency Level in accordance with the following
steps:
(1) The Commissioner shall first
determine an initial level of proficiency and the corresponding years that the
student was identified as an English Language Learner based upon the student's
performance on the NYSESLAT in the initial year of identification as an English
Language Learner pursuant to Part 154 of this Title.
(2) The Commissioner shall then determine
progress rates for each student based on the years identified as an English
language learner and the level achieved on the NYSESLAT in the first year in
which the student was identified as an English Language Learner pursuant to
Part 154 of this Title.
(3) The
Commissioner shall then calculate each school's success ratio based on all
continuously enrolled students' results compared to the continuously enrolled
students' progress rates, as determined by the Commissioner. Utilizing this
information, each school shall then be assigned an English Language Proficiency
Level from 1-4 in accordance with the following table:
|
Success Ratio |
English Language Proficiency Level |
|
0-0.49 |
1 |
|
0.50-0.99 |
2 |
|
1.0-1.24 |
3 |
|
1.25+ |
4 |
(4)
The resulting English Language Proficiency Level is then used in the table
described in subparagraph (i) of paragraph (1) of this subdivision as one of
multiple measures of performance to determine whether the school shall be
preliminarily identified as a CSI school.
(e) Academic Progress Level. For each public
high school meeting the minimum n-size requirement as defined in paragraph (1)
of subdivision (b) of this section, the Commissioner shall compute an Academic
Progress Level in accordance with the following steps:
(1) The Commissioner shall calculate separate
ELA and Mathematics Academic Achievement Indices from 0-250 for the all
students subgroup in the school.
(2) The Commissioner shall then determine a
separate State MIP and Long-term goal for ELA and Mathematics.
(3) The Commissioner shall determine a
separate school MIP in ELA and Mathematics.
(4) The Commissioner shall then assign an
Academic Progress Level in ELA from 1-4 using the table below based on each of
the following: whether or not the school's ELA Academic Achievement Index met,
exceeded, or failed to meet:
(1) the State
Long-term goal,
(2) the State MIP,
and/or
(3) the school's
MIP.
(5) The Commissioner
shall then assign an Academic Progress Level in Mathematics from 1-4 using the
table below based on whether the school's Mathematics Academic Achievement
Index met, exceeded, or failed to meet:
(1)
the State Long-term goal,
(2) the
State MIP, and/or
(3) the school
MIP.
|
Did Not Meet Long-Term Goal |
Met Long-Term Goal |
Exceeded Long-Term Goal |
|
|
Did not meet either MIP |
Level 1 |
N/A |
N/A |
|
Met lower of State or School MIP |
Level 2 |
Level 3 |
Level 4 |
|
Met higher of State or School MIR |
Level 3 |
Level 4 |
Level 4 |
(6) The Commissioner shall then average the
ELA Academic Progress Level assigned in subclause (4) of this clause and the
Mathematics Academic Progress Level assigned in subclause (5) of this clause.
The resulting average Academic Progress Level will be rounded down to the
nearest whole number that represents the level that will be used and an
Academic Progress Level from 1-4 will be assigned. The resulting Academic
Progress Level is then used in the table described in subparagraph (i) of
paragraph (1) of this subdivision as one of multiple measures of performance to
determine whether the school is preliminarily identified as a CSI
school.
(7) Notwithstanding the
Academic Progress Level resulting from the table above, using the all students
subgroup's baseline performance as measured by the previous school year test
results, for purposes of the accountability designation, if the all students
subgroup does not meet the lower of the State or school MIP but increases the
Achievement Index by an amount at least equal to the difference between the
higher of the school's current year MIP and prior year MIP or the current year
State MIP and prior year State MIP, the all students subgroup will be assigned
an Academic Progress Level 2. Provided further that, if the all students
subgroup meets either but not both of the school and State MIPs for that
subgroup and makes progress that is equivalent to at least three times the
difference between the lower of the school-specific current and prior year MIPs
and the State current and prior year MIPs for that subgroup, but if such
progress is insufficient for the subgroup to meet the higher of the State or
school MIP or the Long-term goal, the all students subgroup will be assigned an
Academic Progress Level 3.
(f) Chronic Absenteeism Level. For each
public high school meeting the minimum n-size requirement pursuant to paragraph
(1) of subdivision (b) of this section, the Commissioner shall compute a
Chronic Absenteeism Level in accordance with the following steps:
(1) The Commissioner shall first compute the
school's Chronic Absenteeism Rate, which means the number of students enrolled
during the school year in a school for a minimum of ten instructional days and
in attendance at least one of those days who were absent (excused or unexcused)
for at least 10 percent of enrolled instructional days divided by the total
number of students enrolled during the school year, expressed as a percentage.
Suspensions are not counted as excused or unexcused absences, as suspended
students are required to be provided with instruction while they are suspended.
At the high school level, chronic absenteeism is calculated for grades nine-12
and ungraded age equivalent students.
(2) The Commissioner shall then determine a
State MIP and Long-term goal for Chronic Absenteeism.
(3) The Commissioner shall also determine a
school MIP for Chronic Absenteeism.
(4) The Commissioner shall then assign a
Chronic Absenteeism Level from 1-4 based on whether the school's Chronic
Absenteeism Rate, as defined in this clause met, exceeded, or failed to meet:
(1) the State Long-term goal,
(2) the State MIP, and/or
(3) the school MIP. Each school shall then be
assigned a Chronic Absenteeism Level from 1-4 in accordance with the following
table:
|
Did Not Meet Long-Term Goal |
Met Long-Term Goal |
Exceeded Long-Term Goal |
|
|
Did not meet either MIP |
Level 1 |
N/A |
N/A |
|
Met lower MIP |
Level 2 |
Level 3 |
Level 4 |
|
Met higher MIP |
Level 3 |
Level 4 |
Level 4 |
(5) The resulting Chronic Absenteeism Level
is then used in the table described in subparagraph (i) of paragraph (1) of
this subdivision as one of multiple measures of performance to determine
whether the school is preliminarily identified as a CSI school.
(6) Notwithstanding the Chronic Absenteeism
Level generated by the table above, for purposes of the accountability
designation, if the all students subgroup does not meet the lower of the State
or school MIP but decreases the Chronic Absenteeism Rate by an amount equal to
the difference between the lower of the school's current year MIP and prior
year MIP or the current year State MIP and prior year MIP for the all students
subgroup, the all students subgroup will be assigned a Chronic Absenteeism
Level 2. Provided further that, if the all students subgroup meets either but
not both the school and State MIP for that subgroup and makes progress toward
decreasing the Chronic Absenteeism Rate that is equivalent to three times the
difference between the lower of the school specific current and prior year MIP
and the State current and prior year MIP for the all students subgroup, but if
such progress is insufficient for the all students subgroup to meet the higher
of the State or school MIP or the State Long-term goal, the all students
subgroup will be assigned a Chronic Absenteeism Level 3.
(7) Provided further that, notwithstanding
the Chronic Absenteeism Level determined pursuant to paragraphs (4), (5) and
(6), the Commissioner may assign a Chronic Absenteeism Level 1 to an all
students subgroup whose chronic absenteeism rate is below a percent established
by the Commissioner and the Commissioner may assign a Chronic Absenteeism Level
2 to an all students subgroup whose chronic absenteeism rate is at or above a
percent established by the Commissioner.
(g) College, Career, and Civic Readiness
Level. For each public high school meeting the minimum n-size requirement
pursuant to paragraph (1) of subdivision (b) of this section, the Commissioner
shall compute a College, Career, and Civic Readiness Index.
(1) The Index is calculated using the number
of students in the 4-Year Graduation Rate Cohort as of June 30 of the reporting
year plus any members of the English language learner subgroup who earn a
Regents Diploma with a Seal of Biliteracy who are not members of the 4-Year
Graduation Rate Cohort as the denominator.
(2) The numerator is the number of these
students demonstrating success on specific college, career, and civic readiness
using specific measures multiplied by the weighting (0.5 to 2.0) assigned to
each of these measures in accordance with table below plus the number of
students who earned a High School Equivalency diploma in the current reporting
year and students who were members of the English language learner subgroup at
the time of graduation who earned a Regents Diploma with a Seal of Biliteracy
in the reporting year, regardless of whether or not they were in the 4-year
Graduation Rate Cohort.
|
In accordance with the provisions of Section 100.5 of this Part: Regents Diploma with Advanced Designation Regents or Local Diploma with CTE Technical Endorsement Regents Diploma with Seal of Biliteracy Regents Diploma and score of 3 or higher on an Advanced Placement exam Regents Diploma and score of 4 or higher on an International Baccalaureate exam Regents or Local Diploma and the passage of nationally certified Career and Technical Education (CTE) examination Regents Diploma and high school credit earned through participation in dual enrollment (in high school and accredited college) course Skills and achievement commencement credential as provided in section 100.6(a) of this Part and a Level 4 on the New York State Alternate Assessment for students with disabilities as defined in section 100.1(t)(2)(iv) of this Part. Annual ELL and earned Regents with Seal of Biliteracy in current reporting year and not in 4- year graduation-rate cohort | 2.0 |
|
In accordance with the provisions of Section 100.5 of this Part: Regents Diploma and high school credit earned through participation in an Advanced Placement course Regents Diploma and high school credit earned through participation in an International Baccalaureate course Regents Diploma with Career Development and Occupational Studies (CDOS) endorsement Skills and achievement commencement credential as provided in section 100.6(a) of this Part and Level 3 on the New York State Alternate Assessment for students with disabilities as defined in section 100.1(t)(2)(iv) of this Part. |
1.5 |
|
Regents or Local Diploma only in accordance with provisions of section 100.5 of this Part Skills and achievement commencement credential as provided in section 100.6(a) of this Part and an achievement Level 2 on the NYSAA |
1.0 |
|
Annual high school equivalency diploma recipients (included in numerator but not denominator) New York State career development and occupational studies commencement credential as provided in section 100.6(b) of this Part. |
0.5 |
|
No high school diploma or high school equivalency diploma. |
0 |
To determine the College, Career, and Civic Readiness Index, the numerator is divided by the denominator, and the result is multiplied by 100.
(3) The
Commissioner shall then assign a College, Career, and Civic Readiness Level
from 1 to 4 based on the table below and whether or not the College, Career,
and Civic Readiness Index met, exceeded, or failed to meet each of the
following:
(1) the State Long-term
goal,
(2) the State MIP,
and/or
(3) the school MIP.
|
Did Not Meet Long-Term Goal |
Met Long-Term Goal |
Exceeded Long-Term Goal |
|
|
Did not meet either MIP |
Level 1 |
N/A |
N/A |
|
Met lower MIP |
Level 2 |
Level 3 |
Level 4 |
|
Met higher MIP |
Level 3 |
Level 4 |
Level 4 |
(4) The resulting College, Career, and Civic
Readiness Level is then used in the table described in subparagraph (i) of
paragraph (2) of this subdivision as one of multiple measures of performance to
determine whether the school is preliminarily identified as a CSI
school.
(5) Notwithstanding the
College, Career, and Civic Readiness Level generated by the table above, using
the all students subgroup's baseline performance as measured by the previous
school year test results, for purposes of the accountability designation, if
the all students subgroup does not meet the lower of the State or school MIP
but increases the College, Career, and Civil Readiness Index by an amount at
least equal to the difference between the higher of the school's current year
MIP and prior year MIP or the State current year MIP and prior year MIP, the
all students subgroup will be assigned a College, Career, and Civic Readiness
Level 2. Provided further that, if the all students subgroup meets either but
not both of the school and State MIP for that subgroup and makes progress that
is equivalent to at least three times the difference between the lower of the
school-specific current and prior year MIPs and the State current and prior
year MIPs for that subgroup, but if such progress is insufficient for the
subgroup to meet the higher of the State or School MIP or the Long-Term Goal,
the all students subgroup will be assigned a College, Career, and Civic
Readiness Level 3,
(6) Provided
further that, notwithstanding the College, Career, and Civic Readiness Level
determined pursuant to paragraph (3), (4), and (5), the Commissioner may assign
a College, Career, and Civic Readiness Level 1 to an all students subgroup
whose College, Career, and Civic Readiness Index is below a benchmark
established by the Commissioner and the Commissioner may assign a College,
Career, and Civic Readiness Level 2 to an all students subgroup whose College,
Career, and Civic Readiness Index is at or above a benchmark established by the
Commissioner.
(ii) Targeted Support and Improvement High
Schools. A high school shall be preliminarily identified as a TSI school if the
school meets the criteria for identification outlined in the table below for
two consecutive school years for the same accountability subgroup, except that
a school identified as a Priority or Focus School during the 2017-2018 school
year may be identified, using 2017-2018 school year data only, if such school
meets the criteria for identification as a TSI school beginning with the
2018-2019 school year.
(a) The decision table
below combines multiple measures for accountability subgroups in the school
using the same methodology used to designate CSI schools pursuant to
subparagraph (i) of this paragraph and using the following accountability
measures:
(1) Composite
Performance:
(2) Graduation
Rate:
(3) Combined Composite
Performance and Graduation Rate:
(4) English Language Proficiency:
(5) Academic Progress:
(6) Chronic Absenteeism: and
(7) College, Career, and Civic
Readiness.
(b) The
designations for TSI schools shall be based on the performance of
accountability subgroups, as defined in paragraph (1) of subdivision (b) of
this section and shall not include the performance of the all students
accountability subgroup: provided that in order to be preliminarily identified
using the decision table below a performance level must be assigned to, at a
minimum, the Combined Composite Performance and Graduation Rate measure and one
or more of the following measures: English Language Proficiency: Academic
Progress: Chronic Absenteeism: and/or College, Career, and Civic Readiness.
Decision Table for Identification of Targeted Support and Improvement High Schools
|
Composite Performance Level |
Graduation Rate Level |
Combined Composite Performance & Graduation Rate Level |
English Language Proficiency Level |
Progress Level |
Chronic Absenteeism Level |
CCCR Level |
|
Both Level 1 |
Level 1 |
Any Level |
Any Level |
|||
|
Either Level 1 |
Level 1 |
None* |
Any One of the Three is Level 1 |
|||
|
Either Level 1 |
Level 1 |
Level 1 |
Any Level |
|||
|
Either Level 1 |
Level 1 |
Level 2 |
Any Level 1 |
|||
|
Either Level 1 |
Level 1 |
Level 3 or 4 |
Any Two Level 1 |
|||
*"None" means that there are not a sufficient number of English Language Learners to meet the minimum n-size requirement.
(c) If a high
school meets the identification criteria for both a CSI and TSI school, the
high school shall be designated as a CSI school: provided however that if in
the year in which a CSI school is removed from CSI identification and such
school meets the criteria for a TSI school, the school shall be designated as a
TSI school.
(d) When the
Commissioner creates a rank ordered list for the racial/ethnic subgroup for
purposes of identification of a TSI school, one rank ordered list will be
generated for all racial/ethnic groups combined.
(iii) TSI High Schools identified for
additional support.
(a) Beginning with the
2018-2019 school year, for each year in which the Commissioner identifies CSI
schools based on the performance of the all students subgroup in accordance
with subparagraph (i) of paragraph (1) of subdivision (f) of this section, the
Commissioner shall identify for additional targeted support any TSI high school
with a subgroup whose performance would have caused the school to be identified
as a CSI school using the methods for identification specified in subdivision
(f) of this section.
(b) Such high
school shall be identified for additional targeted support only if the school
had been identified as a TSI school in the prior school year and remains so
identified in the current school year.
(c) Notwithstanding the provisions of clause
(a) of this subparagraph, in assigning Performance Levels for the purpose of
determining whether the performance of a subgroup in a TSI school would have
caused the school to be identified as a CSI school, the Commissioner shall:
(1) Assign to the subgroup the Composite
Performance Level that would have been assigned to the all students subgroup
with the same Composite Performance Index for purposes of identifying CSI
schools.
(2) Assign to the subgroup
the Combined Composite Performance and Graduation Rate Level that would have
been assigned to the all students subgroup with the same Combined Composite
Performance and Graduation Rate ranking for purposes of identifying CSI
schools.
(3) For the Graduation
Rate, Academic Progress, Chronic Absenteeism, and the College, Career, and
Civil Readiness measures, the Commissioner shall use the State MIPS and
Long-term goals applicable to the all students subgroup to determine the
subgroup's levels on these indicators.
(3) Target Districts.
(i) Any school district with one or more CSI
or TSI schools identified pursuant to the provisions of this section shall be
identified as a Target District.
(ii) Notwithstanding any other provision of
this section to the contrary, the Commissioner shall apply the accountability
measures for identification as a CSI or TSI school to the school district as a
whole, and if such district meets the criteria for identification as a CSI or
TSI school, the district shall be identified as a Target District in accordance
with the timelines and procedures prescribed in this section for identification
of CSI schools and TSI schools.
(g) For each school preliminarily identified as a TSI school or CSI school, and for each school district preliminarily identified as a Target District pursuant to subdivision (f) of this section, the school district or charter school shall be given the opportunity to present to the Commissioner additional data and/or any relevant information concerning extenuating or extraordinary circumstances faced by the school or district that should be cause for the Commissioner not to identify the school as a CSI or TSI school or the district as a Target District.
(h) Public notification of identification as a CSI or TSI school or a Target District.
(1)
Upon receipt of a designation as a CSI or TSI school or Target District, the
board of education (in New York City, the chancellor or the chancellor's
designee) or charter school board of trustees shall take appropriate action to
notify the general public of the issuance of such designation. Such action
shall include, but not be limited to, direct notification, within 30 days of
receipt of the Commissioner's designation, in English and translated, when
appropriate and to the extent practicable for the most frequently used
languages in the district, into the recipient's native language or mode of
communication, to persons in parental relation of children attending the school
that it has been designated as a CSI or TSI school, or Target District and
disclosure of such designation by the school district at the next public
meeting of the local board of education or by the charter school board of
trustees at the next public meeting.
(2) Each school year during which a school
remains identified as a CSI or TSI school or Target District, by June 30th or
at the time of a student's initial application or admission to the school,
whichever is earliest, the board of education or charter school board of
trustees shall provide direct notification to parents or other persons in
parental relation to children attending the school or district, as applicable,
that the school or district remains a CSI or TSI school or Target District, as
applicable. Such notification shall include a summary of the actions that the
school district and school are taking to improve student results and an
explanation of any district programs of choice, magnet programs, transfer
policies, or other options that a parent or a person in parental relation may
have to place the child in a different public school within the school
district. Such notification shall include the timelines and process for parents
exercising their rights to school choice.
(3) Notwithstanding the provisions of
paragraphs (1) or (2) of this subdivision, in the event that a CSI school has
been identified as a struggling school or a persistently struggling school
pursuant to section
100.19 of this Part and/or a school
under registration review pursuant to this section, the district may use a
single notification to fulfill the annual public notification requirements of
this section and section
100.19(c)(1)(ii)
of this Part.
(i) Interventions. Beginning with accountability designations made on or after July 1, 2018, all CSI and TSI schools and Target Districts shall implement all interventions applicable to such designations under this subdivision. Provided, however, that a charter school identified as a CSI or TSI school shall not be required to implement the interventions applicable to the school accountability designation pursuant to this subdivision and, in lieu of such interventions, such identified charter school shall take such actions as are required by its charter authorizer pursuant to Article 56 of the Education Law consistent with the charter agreement that each charter school has with its charter authorizer. Provided further, however, that any school identified as of June 30, 2018 as a priority or focus school pursuant to section 100.18 of this Part shall implement a school comprehensive education plan in the 2018-2019 school year that meets the requirements for such plan as specified in section 100.18 of this Part. Provided further that any school required to offer public school choice prior to July 1, 2018 pursuant to section 100.18 of this Part shall continue to permit any students to remain in the school to which they have transferred and provide transportation until such students have completed the highest grade level in the school to which such students have transferred, in the manner required by the provisions of section 120.3 of this Part.
(1) Interventions for CSI Schools.
(i) In the first school year in which the
school is identified as a CSI school, the school must:
(a) participate in a comprehensive needs
assessment conducted in accordance with subparagraph (ii) of paragraph (4) of
subdivision (b) of this section:
(b) develop, in consultation with parents,
school staff, and other stakeholders pursuant to section
100.11 of this Part, a school
comprehensive education plan as defined in subparagraph (viii) of paragraph (4)
of subdivision (b) of this section. Such plan shall:
(1) be formally approved by the board of
education (in New York City, approved by the chancellor or chancellor's
designee) and submitted for approval to the Commissioner by July 1 of the
school year in which the plan is required to be implemented:
(2) be implemented no later than the first
day of regular student attendance of the next school year after the school year
in which the school was identified:
(3) be updated annually and incorporate the
findings of the comprehensive needs assessment or progress needs assessment as
applicable, and be implemented no later than the first day of regular student
attendance of each year that the school remains a CSI school:
(4) be made widely available through public
means by either posting on the district's or school's website, if one exists,
or displayed conspicuously within the school, according to such timeline as may
be prescribed by the Commissioner:
(5) be developed in consultation with
parents, school staff, and others pursuant to section
100.11 of this Part: and
(6) include a description of the goals,
targets, and activities, and include timelines for the implementation of
school-level evidence-based interventions and job-embedded professional
development as defined in subparagraphs (v) and (ix) and of paragraph (4) of
subdivision (b) of this section.
(c) limit incoming teachers transfers to
teachers rated effective or highly effective pursuant to Education Law 3012-d
by a school district in the previous school year, subject to collective
bargaining as required under article 14 of the Civil Service Law, and require
that any successor collective bargaining agreement authorize such transfers
unless otherwise prohibited by law:
(d) establish a participatory budgeting
process as defined in subparagraph (x) subparagraph (4) of subdivision (b) of
this section or provide opportunities for parent and student engagement in a
manner prescribed by the Commissioner:
(e) conduct parent, staff, and student
surveys as defined in subparagraph (xi) of paragraph (4) of subdivision (b) of
this section: and
(f) notify
parents and the public of the school's designation as a CSI school in
accordance with subdivision (i) of this section.
(ii) In the second school year of
identification as a CSI school:
(a) except as
otherwise provided in this subparagraph, the school shall continue to implement
the requirements established by subparagraph (i) of this subdivision, including
the school comprehensive education plan:
(b) obtain prior approval of the Commissioner
for any significant modification to the school's approved comprehensive
education plan:
(c) the principal
must submit to the district on a quarterly basis a report of the leading
indicators identified in the comprehensive education plan detailing the
progress made toward meeting the goals set forth in the school's comprehensive
education plan:
(d) any CSI school
that has met or exceeded its Annual Achievement Progression targets, as defined
in paragraph (4) of subdivision (a) of this section, in the first set of
available annual assessment data following the school's identification will
receive a progress needs assessment, which will inform the development of
and/or any amendments or modifications to the school comprehensive education
plan to be implemented in the following school year:
(e) Any CSI school that has not met or
exceeded its Annual Achievement Progression targets, as defined in paragraph
(4) of subdivision (a) of this section, in the first set of available annual
assessment data following the school's identification, will receive either a
progress needs assessment or a comprehensive needs assessment, as determined by
the Commissioner and based on the needs of the school as exhibited by the most
recent performance on the accountability measures. In addition to the needs
assessment, as determined by the Commissioner, the district shall also submit a
principal support report, as defined in subparagraph (xii) of paragraph (4) of
subdivision (b) of this section:
(iii) In the third school year of
identification as a CSI school:
(a) except as
otherwise provided in this subparagraph, the school must continue to implement
the requirements established by subparagraph (ii) of this paragraph, including
the school comprehensive education plan:
(b) the principal must continue to submit to
the district on a quarterly basis a report of the leading indicators identified
in the comprehensive needs assessment detailing the progress made toward
meeting the goals set forth in the school comprehensive education
plan:
(c) Any CSI school that has
met or exceeded its Annual Achievement Progression targets, as defined in
paragraph (4) of subdivision (b) of this section, in both the first set of
available annual assessment data following the school's identification and the
second set of available data following identification, will receive a progress
needs assessment, which will inform the development of and/or any modifications
to the school comprehensive education plan to be implemented in the following
school year. Provided that, if such school makes sufficient progress to be
removed from the accountability designation as set forth in subdivision (i) of
this section, such school shall be removed from the designation as a CSI
school:
(d) Any CSI school that did
not meet or exceed its Annual Achievement Progression targets as defined in
paragraph (4) of subdivision (b) of this section, based on the first set of
available annual assessment data following the school's identification, but did
meet, or exceeded, its Annual Achievement Progression targets based on the
second set of available annual assessment data, will receive either a progress
needs assessment, which will inform the development of the comprehensive
education plan to be implemented in the following school year.
(e) Any CSI that did not meet or exceed its
Annual Achievement Progression target in the first and second set of available
assessment data following the release of accountability determinations will
receive a progress needs assessment or comprehensive needs assessment, as
determined by the Commissioner and based on the needs of the school as
exhibited by the most recent performance on the accountability measures.
Provided that, if a progress needs assessment was conducted in previous year of
identification, a comprehensive needs assessment must be completed. Any CSI
school that did not meet its Annual Achievement Progression target in the first
and second set of available assessment data following the release of
accountability determinations will also be required to amend the current year's
comprehensive education plan, and submit such amendment for the Commissioner's
approval, within 60 days of the release of the school's Annual Achievement
Progression results to identify how the school will partner with a BOCES,
Regional Bilingual Educational Resource Network, Teacher Center, or other
Regional Technical Assistance Center, or other technical assistance provider as
determined by the Commissioner to support the implementation of its
comprehensive education plan. Additionally, a Principal Needs Assessment, as
defined in subparagraph (xiii) of paragraph (4) of subdivision (a) of this
section, will be added to the District Needs Assessment process for any
district with a CSI school that does not reach its Annual Achievement
Progression targets for two consecutive years: and
(f) Any CSI school that met, or exceeded, its
Annual Achievement Progression target as defined in paragraph (4) of
subdivision (a) of this section, based on the first set of available annual
assessment data following the school's identification, but did not meet its
Annual Achievement Progression target based on the second set of available
annual assessment data, will receive either a progress needs assessment or a
comprehensive needs assessment, as determined by the Commissioner and based on
the needs of the school as exhibited by the most recent performance on the
accountability measures. In addition to the needs assessment, as determined by
the Commissioner the district shall also submit a principal support report, as
defined in paragraph (4) of subdivision (a) of this section.
(g) In any CSI school that has a decline in
its Core Subject Performance Index for elementary/middle schools or its
Composite Performance Index for high schools for the all students subgroup, as
determined by the Commissioner, for two consecutive years, the school district
must provide all students enrolled in the school with public school choice in
accordance with section
120.1 and paragraph (4) of
subdivision (b) of this section. Provided further that, in instances when there
are no schools in Good Standing or TSI schools serving the grade levels served
by the CSI school that is required to provide public school choice, the
district shall ensure that the CSI school expends for Participatory Budgeting
an amount equal to or greater than three times the amount expended by such
school during the first year in which such school implemented Participatory
Budgeting. The tripling of the amount to expend is considered to be a one-time
action, and the school will be required to expend the resulting amount each
year until it is no longer a CSI school (e.g., if district spent $2,000 in Year
1, such amount is tripled to $6,000 in Year 2, and the district must spend
$6,000 in Year 3 and each year thereafter until it is no longer a CSI school).
In instances when there are schools within the school district that are in Good
Standing or TSI but the district is unable to fulfill all of the public school
choice transfer requests submitted on behalf of students from the CSI school
because there are not enough available seats to accommodate all transfer
requests received, then the district must ensure that the CSI school expends
for Participatory Budgeting an amount equal to or greater than at least two
times the amount set aside at such school during the first year in which such
school implemented participatory budgeting. The doubling of the amount to
expend is considered to be a one time action, and the school will be required
to expend the resulting amount each year until it is no longer a CSI school.
Schools that are required to offer Public School Choice but were unable to do
so and that instead fulfilled the annual participatory budgeting requirement
identified in this subdivision through increasing opportunities for parent and
student engagement as prescribed by the Commissioner will be required to
provide additional opportunities for increased parent and student engagement in
a manner prescribed by the Commissioner.
(iv) For any CSI school that is required to
offer public school choice or increase the amount expended for Participatory
Budgeting as outlined in clause (g) of subparagraph (iii), that school shall
continue to provide all students enrolled in the school with public school
choice during the period the school is identified as a CSI school. For schools
that were unable to offer to public school choice as outlined in clause (g) of
subparagraph (iii), and have fulfilled the annual participatory budgeting
requirement described in this subdivision through an alternate means of
increasing opportunities for parent and student engagement prescribed by the
Commissioner will be required to continue to provide additional opportunities
for increased parent and student engagement as outlined in clause (g) of
subparagraph (iii) for each year the school is identified as a CSI school.
If a school's designation as a CSI school is removed, the school shall no longer be required to provide all students in the school with public school choice in the following school year: provided further that any student receiving public school choice at the time the CSI designation is removed, shall continue to be provided the opportunity to remain in the school to which they have transferred and be provided with transportation until the student has completed the highest grade level in the school to which such students have transferred, in the manner required by the provisions of section 120.3 of this Part.
(v) Notwithstanding
the provisions of this paragraph, a school district, on behalf of a transfer
high school that has been identified as a CSI school, may petition the
Commissioner to differentiate the required interventions for such transfer high
school. Such petition may include, but need not be limited to, a request for
one or more of the following:
(a) the school
comprehensive education plan shall be subject to approval only by the
district:
(b) a transfer high
school shall not be required to offer public school choice:
(c) a transfer high school shall not be
required to amend its school comprehensive education plan to partner with a
BOCES, Regional Bilingual Educational Resource Network, Teacher Center, or
other Regional Technical Assistance Center or other technical assistance
provider as determined by the Commissioner to support the implementation of its
school comprehensive education plan.
(vi) CSI Schools Identified as Persistently
Struggling Schools, Struggling Schools and/or Schools Under Registration
Review.
(a) Notwithstanding the provisions of
subdivision (i) of this section, in the event that a CSI school has been
identified as a struggling school or a persistently struggling school pursuant
to section 100.19 of this Part and/or a school
under registration review pursuant to this section, the district may use a
single notification to fulfill the annual public notification requirements of
this subdivision and section
100.19(c)(1)(ii)
of this Part.
(b) For schools
designated as struggling or persistently struggling pursuant to section
100.19 of this Part, in creating
the school comprehensive education plan or in revising the department-approved
intervention model, the school receiver shall ensure that the plan addresses
the tenets of the diagnostic tool for school and district effectiveness and
include student outcome data pursuant to section
100.19(f)(4) of
this Part.
(c) For schools that are
identified as persistently struggling or struggling pursuant to section
100.19 of this Part, the
requirements for the school comprehensive education plan include, in addition
to those required in this section, the requirements specified in section
100.19(d)(1) of
this Part related to development of a community engagement plan and inclusion
of rigorous performance metrics and goals.
(2) Interventions for TSI Schools.
(i) In the first school year of
identification as a TSI school, and for every school year thereafter during
which the school remains so identified, the school must:
(a) participate in a comprehensive needs
assessment in the first year of identification and a comprehensive needs
assessment or a progress needs assessment in subsequent years in which the
school is identified:
(b) develop a
school comprehensive education plan. Such plan shall:
(1) be formally approved by the board of
education (in New York City, approved by the chancellor or chancellor's
designee:
(2) be implemented no
later than the first day of regular student attendance of the next school year
after the school year in which the school was identified:
(3) be updated annually and incorporate the
findings of the comprehensive needs assessment or progress needs assessment as
applicable, and be implemented no later than the first day of regular student
attendance of each school year that the school remains a TSI school:
(4) be made widely available through public
means by either posting on the district's or school's website, if one exists,
or displayed conspicuously within the school, according to such timeline as may
be prescribed by the Commissioner:
(5) be developed in consultation with
parents, school staff, and others pursuant to section
100.11 of this Part: and
(6) include a description of the goals,
targets, and activities, and include timelines for the implementation of
school-level evidence-based interventions and job-embedded professional
development.
(3) Interventions for Target Districts.
(i) In the first year of identification as a
Target District, and for every school year thereafter during which the district
remains so identified, the district must:
(a)
participate in a comprehensive needs assessment:
(b) develop a district comprehensive
improvement plan. Such plan shall:
(1) be
formally approved by the board of education (in New York City, approved by the
chancellor or chancellor's designee):
(2) be implemented no later than the first
day of regular student attendance of the next school year after the school year
in which the district was identified:
(3) be updated annually and incorporate the
findings of the comprehensive needs assessment:
(4) be made widely available through public
means by either posting on the district's website, if one exists, or displayed
conspicuously within the district, according to such timeline as may be
prescribed by the Commissioner:
(5)
be developed in consultation with parents, school staff, and others, consistent
with the district plan pursuant to section
100.11 of this Part: and
(6) include a description of the goals,
targets, and activities, and include timelines for the implementation of
interventions and professional development that address the needs identified by
the district and school needs assessments.
(c) for the second year of identification and
each subsequent school year thereafter that the school district is identified
as a Target District, obtain prior approval of the Commissioner for any
significant modification of the district's comprehensive improvement
plan:
(4)
Interventions for schools with subgroups performing at Level 1 on an
accountability measure.
(i) Any school with
any accountability measure of Level 1 for any subgroup, as calculated pursuant
to subdivision (f) of this section, that is not a CSI or TSI school shall:
(a) participate in a needs assessment, in a
format as may be prescribed by the Commissioner, to determine the additional
support that the school needs to improve performance. Such needs assessment
must identify the academic achievement gaps between accountability subgroups
within the school, the root causes for the gaps, and delineate the resources
and strategies that the district will use to support the school to address such
gaps.
(b) based on the needs
assessment, in a format as may be prescribed by the Commissioner, the district,
in consultation with parents, school staff, and other stakeholders at the
school, consistent with the district plan pursuant to section
100.11 of this Part, shall identify
additional resources that the district will provide to the school to assist it
to increase performance on the accountability measure for the identified
group(s). Provided that in its consolidated application submitted to the
Department, the district must identify the additional resources and
professional development that the district will provide the school to improve
performance.
(ii) Any TSI
school that is identified for additional targeted support may be required to
implement additional actions, as determined by the Commissioner, including
submission of their annual school comprehensive education plan to the
Commissioner for approval: partnering with a BOCES, Regional Bilingual
Educational Resource Network, Teacher Center, or other Regional Technical
Assistance Center, or other technical assistance provider: and/or implementing
a participatory budgeting process. Districts with TSI schools identified for
additional targeted support may be required to implement additional actions, as
determined by the Commissioner, including submitting a principal support
report.
(5) Interventions
for schools that fail to demonstrate an assessment participation rate of 95
percent.
(i) Pursuant to paragraph (1) of
subdivision (b) of this section, the Commissioner shall annually determine the
participation rate for each accountability subgroup in each public school in
which the subgroup has 40 or more students. The Commissioner shall determine
that the subgroup has met the participation rate requirement if:
(a) the participation rate for the current
year equals or exceeds 95 percent: or
(b) the weighted average of the current year
and prior year participation rates equals or exceeds 95
percent:
(ii) Beginning
with 2021-2022 and 20222023 school year results, any public elementary/middle
or high school that has a weighted average achievement level or high school
composite performance level of 1 or 2 and that fails to meet the required 95
percent participation rate for the same subgroup(s), in the same subject (i.e.,
ELA or math) for two consecutive years, and that fails to improve participation
rate as compared to the previous year for the same subgroup(s) and subject(s),
as determined by the commissioner, must conduct a participation rate
self-assessment and develop a participation rate improvement plan, in such form
and according to such timeline as determined by the commissioner. Such school
participation rate self-assessment and improvement plan shall be developed in
collaboration with a committee composed of the school principal or his/her
designee(s); school staff, including teachers and student support staff
selected by the representative 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; except that a school district may
designate that a school-based management team established pursuant to section
100.11 of this Part or a community
engagement team established pursuant to 100.19 of this Part may serve as the
committee required by this paragraph. Such school plan must address
participation of students from all subgroups for which the school has failed to
meet the required 95 percent participation rate and failed to improve the
participation rate as compared to the previous year. Such school plan must be
adopted by the district Board of Education (in New York City, the chancellor or
chancellor's designee), after consultation with the committee, no later than 60
days following notification to the district that such a plan is required. The
Board of Education (in New York City, the chancellor or chancellor's designee)
shall take appropriate action to notify the general public upon adoption of the
school plan; such action shall include, but not be limited to, publishing on
the district website, if one exists, or direct notification, within 30 days of
adoption, in English and translated, when appropriate, into the recipient's
native language or mode of communication.
(iii) Beginning with 2022-2023 and 2023-2024
school year results, for any school that completed a school participation rate
self-assessment and improvement plan in the previous school year and that fails
to improve its participation rates for the subgroup(s) and subject(s), as
determined by the commissioner, for which the plan was required, the district
shall conduct a participation rate audit and develop an updated participation
rate improvement plan. Such district participation improvement plan shall be
developed in collaboration with a committee composed of the superintendent or
his/her designee(s); the school principal or his/her designee(s); school staff,
including teachers and student support staff selected by the representative
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 district-related and/or
school-related parent organizations. Such district plan must be adopted by the
district board of education, no later than 60 days following notification to
the district that such a plan is required. The board of education (in New York
City, the chancellor or chancellor's designee) shall take appropriate action to
notify the general public upon adoption of the school plan; such action shall
include, but not be limited to, publishing on the district website, if one
exists, or direct notification to the parents, within 30 days of adoption, in
English and translated, when appropriate, into the recipient's native language
or mode of communication.
(iv)
Beginning with 2023-2024 and 2024-2025 school year results, for any school for
which a district audit and district participation rate improvement plan was
completed in the previous school year and that fails to improve its
participation rates for the subgroup(s) and subject(s), as determined by the
commissioner, for which the plan was required, the district must partner with a
Board of Cooperative Educational Services (BOCES) or other technical assistance
center to conduct a participation rate audit and develop an updated
participation rate plan. Such participation rate improvement plan shall be
developed in collaboration with a committee composed of BOCES staff, the
superintendent or his/her designee(s); the school principal or his/her
designee(s); school staff, including teachers and student support staff, no
more than 50 percent of whom shall be selected by the representative 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 district-related and/or school-related parent
organizations. Such plan must be adopted by the district board of education no
later than 60 days following notification to the district that such a plan is
required. The board of education (in New York City, the chancellor or
chancellor's designee) shall take appropriate action to notify the general
public upon adoption of the school plan; such action shall include, but not be
limited to, publishing on the district website, if one exists, or direct
notification to the parents, within 30 days of adoption, in English and
translated, when appropriate, into the recipient's native language or mode of
communication.
(v) Beginning with
2024-2025 and 20252026 school year results, for any school for which an audit
and participation rate improvement plan was completed pursuant to subparagraph
(iv) of this paragraph in the previous school year and that fails to improve
its participation rates for the subgroup(s) and subject(s), as determined by
the commissioner, for which the plan was required, the department shall conduct
an audit of the participation rate and the school may be required by the
commissioner to address recommendations contained in the participation rate
audit.
(vi) Beginning with
2021-2022 and 2022-2023 school year results, for any public elementary/middle
or high school that is required to develop a participation rate improvement
plan and is among the lowest 10 percent of schools within the State for
participation rate as determined by the commissioner, the district must submit
such plan for approval by the commissioner no later than 60 days following
notification to the district that such plan is required.
(vii) Notwithstanding the requirements of
this subdivision, the Commissioner may make a determination that a school may
be excused from development of a self-assessment and participation rate
improvement plan if the school demonstrates extenuating or extraordinary
circumstances that should cause the school to be so excused as determined by
the Commissioner.
(viii) Any school
that is required to conduct a self-assessment and develop a participation rate
improvement plan shall be required to update such plan annually until the
school is no longer failing to meet the 95 percent participation rate for any
subgroup(s) and subject(s) which caused it to be required to conduct such
self-assessment and develop such plan. For schools that have demonstrated
improvement towards meeting the 95 percent participation rate requirement for
the accountability group(s) for which such plan is required, the school shall
not be required to conduct a new self-assessment or develop a new plan but
instead shall be required to update its plan and/or provide the Department with
an assurance that participation improvement strategies shall
continue.
(j) Removal from accountability designation.
(1)
For elementary/middle schools:
(i) To exit
CSI status, a CSI elementary/middle school must, for two consecutive years,
exceed the levels that would cause it to be identified for CSI status in each
such school year.
(ii)
Elementary/middle schools may exit CSI status if, for two consecutive years:
(a) The elementary/middle school's Composite
Performance Level and Student Growth Level are both Level 2 or higher:
or
(b) Both the Composite
Performance Index and Mean Growth Percentile are higher than at the time of
identification: and the Combined Composite Performance and student Growth Level
is a Level 2 or higher: and none of the following is Level 1: Academic
Progress, English Language Proficiency, and Chronic Absenteeism.
(c) Notwithstanding any provision of this
subdivision to the contrary, an elementary/middle school may also exit CSI
status if such elementary/middle school is not on the new list of identified
CSI schools that is created every third year, as a consequence of the school
having improved performance on the measures used to identify such
schools.
(d) Notwithstanding any
provision of this subdivision to the contrary including clause (c) of this
subparagraph, an elementary/middle school may not exit CSI status if the school
is required to implement a participation rate plan improvement pursuant to
paragraph (5) of subdivision (i) of this section and the school has performed
at Level 1 on the Weighed Academic Achievement Index for the all students
group.
(iii) To exit TSI
status, the performance of a TSI elementary/middle school must, for two
consecutive years, be such that it would no longer be identified as a TSI
School under the criteria listed in subdivision (f) of this section. For an
elementary/middle school to be removed from TSI status, all identified
subgroups must meet the specified exit criteria. Provided that to be removed
from designation as a TSI elementary/middle school, a school must not be
identified for any accountability subgroup and the school may not be among
those required to implement a participation rate improvement plan for the
accountability subgroup(s) for which the school has been identified, except
that this provision shall not apply to any accountability subgroup that
performs at or above Level 2 on the Weighted Average Achievement
Index.
(2) For high
schools:
(i) High schools may exit CSI status
if, for two consecutive years:
(a) The high
school's Composite Performance Level and Graduation Rate Level are both Level 2
or higher: or
(b) Both the
Composite Performance Index and average of the Four-Year, Five-Year, and
Six-Year Graduation Rates are higher than at the time of identification: and
the Combined Composite Performance and Graduation Rate Level is a Level 2 or
higher: and none of the following are Level 1: English Language Proficiency:
Academic Progress: Chronic Absenteeism: and College, Career, and Civic
Readiness.
(c) Notwithstanding any
provision of this subdivision to the contrary, a high school may also exit CSI
status if such school is not on the new list of identified CSI schools that is
created every third year as a consequence of the school having improved
performance on the measures used to identify high schools.
(d) Notwithstanding any provision of this
subdivision to the contrary, a high school may not exit CSI status if the
school is required to implement a participation rate improvement
plan.
(ii) To exit TSI
status, the performance of a TSI high school must, for two consecutive years,
be such that it would no longer be identified as a TSI school under subdivision
(f) of this section. For a high school to be removed from TSI status, all
identified subgroups must meet the specified exit criteria and the school shall
not be among those required to implement a participation rate plan pursuant to
this section. Provided that to be removed from the designation as a TSI school,
a high school shall not be identified as a TSI school for any accountability
subgroup.
(3) Provided
that, any CSI school or TSI school which is identified for both the elementary
and middle school, or the middle and high school, each identified grade span
level must meet the exit criteria described in this subdivision.
(4) Provided further that, any elementary,
middle, or high school that has been identified as a CSI school for three
consecutive school years shall be preliminarily identified as a struggling
school and subject to the provisions of section
100.19 of this Part.
(5) Provided further that any TSI elementary,
middle or high school that continues to be identified for three consecutive
school years after designation for additional targeted support for the
performance of the same accountability subgroup(s) for which the school was
identified for additional targeted support shall be preliminarily identified as
a CSI school.
(6) Removal of
designation as a Target District. A district may be removed from Target
District status if:
(i) all of the schools in
the district are in Good Standing: and
(ii) if the district has been identified as a
Target District because of district-wide performance, the district's
performance must, for two consecutive years, be such that it would no longer be
identified as a Target District under subdivision (f) of this
section.
(k) Identification of schools for public school registration review.
(1) The Commissioner shall place under
preliminary registration review those schools identified for receivership in
accordance with section
100.19 of this Title: provided,
however, that the Commissioner may also place under preliminary registration
review any school identified as a CSI school in accordance with this section
for at least three consecutive years.
(2) The Commissioner may also place under
preliminary registration review any school that has conditions that threaten
the health, safety, and/or educational welfare of students or has been the
subject of persistent complaints to the department by parents or persons in
parental relation to the student, and has been identified by the Commissioner
as a poor learning environment based upon a combination of factors affecting
student learning, including but not limited to: high rates of student
absenteeism, high levels of school violence, excessive rates of student
suspensions, violation of applicable building health and safety standards, high
rates of teacher and administrator turnover, excessive rates of referral of
students to or participation in special education or excessive rates of
participation of students with disabilities in the alternate assessment,
evidence that the school does not maintain required programs and services:
evidence of failure to appropriately refer for identification and/or provide
required programs and services to students with disabilities pursuant to Part
200 of this Title: evidence of failure to appropriately identify and/or provide
required programs and services to English language learners pursuant to Part
154 of this Title, excessive transfers of students to alternative high school
and high school equivalency programs and excessive use of uncertified teachers
or teachers in subject areas other than those for which they possess
certification. Notwithstanding the provisions of subdivision (g) of this
section, any school that is identified as a school under registration review
pursuant to this paragraph shall also be identified as a CSI school and shall
be subject to all of the requirements of this section.
(3) The Commissioner may also place under
preliminary registration review any school for which a school district fails to
provide in a timely manner the student performance data required by the
Commissioner to conduct the annual assessment of the school's
performance.
(4) For each school
identified for preliminary registration review pursuant to paragraph (1) of
this subdivision, the school district shall be given the opportunity to present
to the Commissioner additional data and relevant information concerning
extenuating or extraordinary circumstances faced by the school that should be
cause for the Commissioner to not identify the school for registration
review.
(5) For each school
identified as a poor learning environment and placed under preliminary
registration review pursuant to paragraph (2) of this subdivision, the school
district shall be given the opportunity to present evidence to the Commissioner
that the conditions in the school do not threaten the health or safety or
educational welfare of students and do not adversely affect student
performance.
(6) The Commissioner
shall review the additional information provided by the school district and
determine which of the schools identified for preliminary registration review
pursuant to paragraph (1) of this subdivision, or identified as poor learning
environments pursuant to paragraph (2) of this subdivision, shall be placed
under registration review.
(I) Public school registration review.
(1) Upon placing the registration of a school
under review, the Commissioner shall warn the board of education (in New York
City, the chancellor or chancellor's designee) that the school has been placed
under registration review, and that the school is at risk of having its
registration revoked. The Commissioner shall include in any warning issued
pursuant to this paragraph the actions that must be taken and/or the progress
that must be demonstrated in order for a school to be removed from
consideration for revocation of registration, except that for a school
identified as a poor learning environment pursuant to this paragraph the
Commissioner need not inform the board of education of the actions that must be
taken and/or the progress that must be demonstrated in order for the school to
be removed from consideration for revocation of registration until the
Commissioner has completed the review of the recommendations of the integrated
intervention team.
(i) Upon receipt of such
warning, the board of education (in New York City, the chancellor or
chancellor's designee) shall take appropriate action to notify the general
public of the issuance of such warning. Such action shall include, but not be
limited to, direct notification, within 30 days of receipt of the
Commissioner's warning, in English and translated, when appropriate and to the
extent practicable for the most frequently used languages in the district, into
the recipient's native language or mode of communication, to persons in
parental relation of students attending the school that it has been placed
under registration review and is at risk of having its registration revoked,
and disclosure by the school district at the next public meeting of the local
board of education of such warning.
(ii) Each school year during which a school
remains under registration review, by June 30 or at the time of a student's
initial application or admission to the school, whichever is earliest, the
board of education shall provide direct notification to parents or other
persons in parental relation to students attending the school that the school
remains under registration review and is at risk of having its registration
revoked. Such notification shall include a summary of the actions that the
school district and school are taking to improve student results and an
explanation of any school district programs of choice, magnet programs,
transfer policies, or other options that a parent or a person in parental
relation may have to place the student in a different public school within the
school district. Such notification shall include the timelines and process for
parents exercising their rights to school choice. Notwithstanding the
provisions of this subparagraph, in the event that the Commissioner places a
struggling or persistently struggling school pursuant to section
100.19 of this Part under
registration review, the district may use a single notification to fulfill the
annual public notification requirements of this section and section
100.19(c)(1)(ii)
of this Part.
(2) Schools
with poor learning environments identified for registration review.
(i) Following the placement of a school under
registration review pursuant to paragraph (2) of subdivision (k) of this
section, an integrated intervention team, which may include a distinguished
educator, as appointed by the Commissioner, pursuant to section
100.17(c)(3)(i) of
this Part, shall conduct a diagnostic review of the school and recommend to the
Commissioner for his or her approval interventions based upon the reason for
which the school was identified for registration review, which may include but
need not be limited to whether the school should:
(a) continue to implement its current
improvement plan or any interventions required under subdivision (h) of this
section, as modified by recommendations of the integrated intervention
team:
(b) implement a new
intervention plan that addresses the recommendations of the integrated
intervention team: or
(c) be phased
out or closed.
(ii) The
Commissioner shall review the recommendations of the integrated intervention
team and may approve, or modify and approve as so modified, such
recommendations. Upon such approval, the Commissioner shall direct that the
school district submit in a format and according to a timeline prescribed by
the Commissioner a revised improvement plan or intervention plan, a new
intervention plan, or a plan for phase out or closure that implements the
recommendations of the integrated intervention team. Upon approval of the plan
by the Commissioner, the school shall be required to implement such plan. If
the school district fails to submit an approvable plan, the Commissioner may
recommend to the Board of Regents that the registration be revoked and the
school be declared an unsound educational environment pursuant to paragraph (7)
of this subdivision. If the school fails for two consecutive years to take the
actions or make the progress required by the Commissioner, the Commissioner may
direct that the district submit a plan to implement one of the following
actions:
(a) enter into a contract with the
State university trustees, subject to the approval of the Commissioner of
Education, pursuant to Education Law section 355(n) for the education of the
children of the school:
(b) for the
city school district of the City of New York, enter into a contract with the
city board and the city university of New York pursuant to Education Law
section 2590(k) to administer a New York City public high school: or
(c) close or phase out the
school.
(iii) In the
event that the school district does not submit an acceptable plan in such
format and in such timeline as the Commissioner may establish, the Commissioner
may direct that the school district close or phase out the school pursuant to a
plan approved by the Commissioner.
(3) Receivership schools.
(i) A school that is identified for
registration review that has also been identified as a struggling school or
persistently struggling school pursuant to section
100.19 of this Part shall implement
the school receivership provisions of that section, except that if the school
fails to make demonstrable improvement pursuant to section
100.19 of this Part for two
consecutive years the Commissioner may direct that the school receivership be
terminated and the district submit a plan to take one of the following actions:
(a) enter into a contract with the State
university trustees, subject to the approval of the Commissioner of Education,
pursuant to Education Law section 355(n) for the education of the children of
the school:
(b) for the city school
district of the City of New York, entering into a contract with the city board
and the city university of New York pursuant to Education Law section 2590(k)
to administer a New York City public high school or
(c) close or phase out the
school.
(ii) In the event
that the school district does not submit an acceptable plan in such format and
in such timeline as the Commissioner may establish, the Commissioner may direct
that the school district close or phase out the school pursuant to a plan
approved by the Commissioner.
(4) CSI schools identified for registration
review that are not struggling or persistently struggling schools.
(i) A school that is identified for
registration review that has been identified as a CSI school that is not a
struggling or persistently school pursuant to section
100.19 of this Part shall continue
to implement its current improvement plan and/or any interventions required
under this section. If the school fails for two consecutive years to take the
actions or make the progress required by the Commissioner, the Commissioner may
direct the district to submit a plan to take one of the following actions:
(a) enter into a contract with the State
university trustees, subject to the approval of the Commissioner of Education,
pursuant to Education Law section 355(n) for the education of the children of
the school:
(b) for the city school
district of the City of New York, entering into a contract with the city board
and the city university of New York pursuant to Education Law section 2590(k)
to administer a New York City public high school: or
(c) close or phase out the
school.
(ii) In the event
that the school district does not submit an acceptable plan in such format and
in such timeline as the Commissioner may establish, the Commissioner may direct
that the school district close or phase out the school pursuant to a plan
approved by the Commissioner.
(5) In the event that a school district seeks
to register a new school to replace a school under registration review that is
being closed or phased out pursuant to paragraphs (2), (3), or (4) of this
subdivision or to close and replace a struggling or persistently struggling
school pursuant to section
100.19 of this Part, the
Commissioner may direct the school district to provide information in such
format and according to such timeline as prescribed by the Commissioner that
includes, but is not limited to, the following:
(i) an overview of the instructional design,
programs, partnerships, and curriculum for the school that shall be opened and
the timeline by which each of these elements shall be put in place, as well as
the professional development that shall be provided to the staff members of the
school:
(ii) the additional
resources that will be provided to any schools to which students from the
closing or phasing out school may be reassigned, as well as additional
resources to ensure implementation of plans for any new school to be
opened:
(iii) evidence that key
stakeholder groups were involved in the decisions regarding the plan for the
closure and opening of schools:
(iv) the process for identifying and
appointing the leadership and staff of the new school, which must result in the
selection of school leaders with a track record of success as school leaders
and a staff that consists primarily of experienced teachers (i.e., at least
three years of teaching experience) who are certified in the subject area(s)
they will teach, have been rated Effective or Highly Effective pursuant to
Education Law 3012-d in each of the past three years, and are not currently
assigned to the school to be closed or phased out, unless approval has been
granted by the Commissioner to waive any of these requirements, subject to
collective bargaining as required under article 14 of the Civil Service Law,
and require that any successor collective bargaining agreement authorize such
appointments unless otherwise prohibited by law:
(v) evidence that the school's enrollment
will not increase socio-economic and/or racial/ethnic isolation of students in
the new school and the staff of the new school has been trained in culturally
responsive-sustaining practices and can meet the needs of all students,
including students with disabilities and English language learners/multilingual
learners: and
(vi) the Commissioner
may further direct that a district that seeks to register a new school to
replace a school under registration review or a struggling or persistently
struggling school that is being closed or phased out contract with an
independent monitor to oversee the closure or phase process and the opening of
the new school. The independent monitor shall be appointed by the Commissioner,
in consultation with the superintendent of the school district, and shall
report to the Commissioner according to such timeframe and in such manner as
the Commissioner shall direct. The independent monitor shall be:
(a) a consultant to the school district,
which shall pay for such services, but shall report to the Commissioner or her
designee.
(b) serve on any
committee(s) that are part of the process of hiring school leaders and staff
for any school that shall be opened.
(c) shall neither have been an employee of
the school district in the past two years, nor be engaged in any other work
with the school district while serving as an independent
monitor.
(vii) The
Commissioner shall forward to the Board of Regents a petition to register a new
school to replace a school under registration review or a persistently
struggling or struggling school only upon a finding by the Commissioner that
the school district has submitted a plan to create a new and satisfactory
educational environment for students and has the capacity to implement
successfully such plan.
(6) The Commissioner may require a school
district to submit such reports and data as the Commissioner deems necessary to
monitor the implementation of the improvement plan, school comprehensive
education plan, or closure or phase out plan and to determine the degree to
which the school has achieved the progress required by the Commissioner. Such
reports shall be in a format and in accordance with such timeframe as are
prescribed by the Commissioner. The Commissioner may upon a finding of good
cause extend the deadline for submission of a required plan.
(7) If the school has not taken the required
actions to close or phase out a school as delineated by the Commissioner
pursuant to paragraphs (2), (3), (4), or (5) of this subdivision, the
Commissioner shall recommend to the Board of Regents that the registration be
revoked and the school be declared an unsound educational environment, except
that the Commissioner may upon a finding of extenuating circumstances extend
the period during which the school must demonstrate progress. The board of
education of the school district which operates the school (in New York City,
the chancellor or chancellor's designee) shall be afforded notice of such
recommendation and an opportunity to be heard in accordance with paragraph (9)
of this subdivision.
(8) Upon
approval of revocation of registration by the Board of Regents, the
Commissioner will develop a plan to ensure that the educational welfare of the
students of the school is protected. Such plan shall specify the instructional
program into which students who had attended the school will be placed, how
their participation in the specified programs will be funded, and the measures
that will be taken to ensure that the selected placements appropriately meet
the educational needs of the students. The Commissioner shall require the board
of education to implement such plan.
(9) Decisions to revoke the registration of a
public school shall be made in accordance with the following procedures:
(i) The Commissioner shall provide written
notice of his or her recommendation and the reasons therefore to the board of
education, which operates the school (in New York City, both the chancellor and
any community school board having jurisdiction over the school). Such notice
shall also set forth:
(a) the board of
education's right to submit a response to the recommendation and request oral
argument pursuant to subparagraph (ii) of this paragraph:
(b) the place, date, and time the matter will
be reviewed, and if requested, an oral argument heard by a three-member panel
of the Board of Regents for recommendation to the full Board of Regents:
and
(c) notification that failure
to submit a response will result in the Commissioner's recommendation being
submitted to the Board of Regents for determination.
(ii) Within 15 days of receiving notice of
the recommendation to revoke registration, the board of education (in New York
City, both the chancellor or chancellor's designee and any community school
board having jurisdiction over the school) may submit a written response to the
Commissioner's recommendation. The response shall be in the form of a written
statement which presents the board of education's position, all evidence and
information which the board of education believes is pertinent to the case, and
legal argument. If the board of education desires, it may include in its
response a request for oral argument. Such response must be filed with the
Office of Counsel, New York State Education Department, State Education
Building, Albany, NY 12234.
(iii)
Within 30 days of the date of notice of the Commissioner's recommendation, a
panel comprised of three members of the Board of Regents, appointed by the
chancellor, shall convene to consider the Commissioner's recommendation, review
any written response submitted by the board of education and, if timely
requested by the board of education, hear the oral argument.
(m) Removal of schools from registration review, school phase-out or closure.
(1) In the event that a school has
demonstrated the progress necessary to be removed from registration review, the
superintendent may petition the Commissioner to remove the school from
registration review.
(2) A school
shall not be removed from registration review if, in the Commissioner's
judgment, conditions that may contribute to a poor learning environment, as
identified in paragraph (2) of subdivision (k) of this section, remain present
in the school.
(3) In the event
that a school placed under registration review prior to the 2018-2019 school
year demonstrates that it has met its previously established progress targets
pursuant to paragraph (p) of section
100.2 or section
100.18 of this Part, but is
identified in the 2018-2019 school year as a CSI school pursuant to this
section, the school shall remain under registration review and shall follow the
intervention requirements pursuant to subdivision (i) of this section and meet
the targets for removal from designation as a CSI school pursuant to
subdivision (i) of this section, pursuant to a timeline prescribed by the
Commissioner.
(4) In the event that
a school placed under registration review prior to the 2018-2019 school year
demonstrates that it has met its previously established progress targets
pursuant to paragraph (p) of section
100.2 or section 100,19 of this
Part, and is not identified in the 2018-2019 school year as a CSI school
pursuant to subdivision (g) of this section, the school shall be removed from
registration review.
(5) In the
event that a board of education either seeks to phase out or close a school
under registration review or is required to close or phase out a school
pursuant to paragraph (l)(3) of this section, the board of education (in New
York City, the chancellor or chancellor's designee) shall submit for
Commissioner's approval, a plan identifying the intervention that will be
implemented and will result in phase out or closure, in the form and containing
such content as prescribed by the Commissioner. The Commissioner will consider
the academic impact of such phase out or closure on other schools within the
school district and may grant approval of such plan provided that:
(i) official resolutions or other approvals
to phase out or close the existing school have been adopted by the local board
of education (in New York City, the chancellor or chancellor's
designee):
(ii) a formal phase out
or closure plan has been developed and approved in accordance with the
requirements of the intervention prescribed by the Commissioner pursuant to
subdivision (i) of this section: and
(iii) parents, teachers, administrators, and
community members have been provided an opportunity to participate in the
development of the phase out or closure plan.
(n) Accountability system for schools and districts based on 2021-2022, 2022-2023, and 2023-2024 school year results.
(1) Definitions. Notwithstanding the
provisions of subdivision (b) of this section, the following definitions shall
be used by the Commissioner to review school and district performance based on
2021-2022, 2022-2023, and 2023-2024 school year results.
(i)
Minimum n size shall
mean the minimum number of student results that are included within an
accountability subgroup to make an accountability determination on a particular
accountability measure. For purposes of this subdivision, the minimum n size is
30 unless otherwise provided. For the Weighted Average Achievement Index and
the Core Subject Performance Index, the minimum n size applies to the
denominator used to calculate the indices. For English Language Proficiency
(ELP); Chronic Absenteeism (CA); and Graduation Rate, the minimum n size
applies to the denominator used to calculate the rates. Provided, however, that
where the Weighted Average Achievement Index student results for an
accountability group are equal to or greater than 30, a Core Subject
Performance Index shall be computed for that accountability group so long as
there are a minimum of 15 student results for the Core Subject Performance
Index and the number of student results for the Core Subject Performance Index
equals at least 50 percent of the number of results for the Weighted Average
Achievement Index. Provided further that, where the Weighted Average
Achievement Index student results for a high school accountability group are
equal to or greater than 30, a graduation rate shall be computed for that
accountability group so long as there are a minimum of 15 students in the
graduation cohort.
(ii)
An
accountability measure shall mean a measure used for the purpose of
implementing the system of accountability for schools and districts in
accordance with the provisions of this section and shall include the following
measures for elementary/middle schools:
(1)
Weighted Average Achievement Performance;
(2) Core Subject Performance;
(3) English Language Proficiency;
and
(4) Chronic Absenteeism as
described in this subdivision. High school accountability measures shall
include the four preceding factors as well as Graduation
Rate.
(iii)
Schools identified for comprehensive support and improvement (CSI)
(elementary and middle schools). The State shall designate
elementary/middle schools for CSI using the following criteria:
(a) for the 2022-2023 school year, using
2021-2022 school year results, the Commissioner shall identify a minimum of
five percent of the lowest performing public elementary/middle schools that
receive Title I funds for CSI and shall identify schools for CSI based upon the
results from the all students subgroup based on the accountability measures
described in this subdivision. The Commissioner shall also identify for CSI
those public elementary/middle schools that do not receive Title I funds that
meet the criteria used to identify Title I schools for CSI. Provided further
that a school that had been identified for CSI during the 2021-2022 school year
that does not meet the criteria for exiting CSI status pursuant to paragraph
(5) of this subdivision shall remain identified for CSI.
(b) For the 2023-2024 and 2024-2025 school
years, the Commissioner shall not newly identify schools for CSI and will
resume CSI identifications in the 2025-2026 school year based on 2024-2025
school year results.
(iv)
Schools identified for CSI (high schools). The State shall
designate high schools for CSI using the following criteria:
(a) for the 2022-2023 school year, using
2021-2022 school year results, the Commissioner shall identify a minimum five
percent of the lowest performing public high schools that receive Title I funds
for CSI and shall identify schools for CSI based upon the results from the all
students subgroup based on the accountability measures described in this
subdivision. The Commissioner shall also identify for CSI those public high
schools that do not receive Title I funds that meet the criteria used to
identify Title I schools for CSI. Any school with a 2017 Four-Year Graduation
Rate below 67 percent and a 2016 Five-Year or 2015 Six-Year Graduation Rate
that is not at or above 67 percent shall be preliminarily identified for CSI.
Provided further that a school that had been identified for CSI during the
2021-2022 school year that does not meet the criteria for exiting CSI status
pursuant to paragraph (5) of this subdivision shall remain identified for
CSI.
(b) For the 2023-2024 and
2024-2025 school years, the Commissioner shall not newly identify schools for
CSI and will resume CSI identifications in the 2025-2026 school year based on
2024-2025 school year results.
(v)
Schools identified for targeted
support and improvement (TSI) (elementary, middle, and high
schools) shall mean a school with one or more consistently
underperforming accountability subgroups based on the accountability measures
described in this subdivision. In addition, a school identified for TSI based
upon 2018-2019 school year results with any accountability subgroup that meets
the same scenario criteria used to identify schools for CSI pursuant to
paragraph (2) of this subdivision based upon 2021-2022 school year results and
that failed to meet the modified criteria for exiting identification status in
this subdivision shall be identified for additional targeted support and
improvement (ATSI). Schools identified for TSI based upon 2017-2018 school year
results for which the identified subgroup(s) failed to meet the modified
criteria for exiting ATSI status in this subdivision based on 2021-2022 school
year results shall remain identified for ATSI.
(a) For the 2023-2024 and 2024-2025 school
years, the Commissioner shall not identify schools for ATSI, and will resume
ATSI identifications in the 2025-2026 school year based on 2024-2025 school
year results.
(vi)
Target District shall mean any school district with one or
more schools identified for CSI, ATSI, or TSI. A Target
District shall also mean any district whose district-wide performance
levels would cause a subgroup to meet the scenario in the decision table to be
identified for CSI, ATSI or TSI pursuant to the provisions of this
section.
(vii) For high school
students, participation rate shall mean the percentage of
students in grade 12 during the reporting year who have a valid score on an
approved high school assessment. The State assessments that may be used at the
secondary level to fulfill the testing requirement for participation in English
Language Arts (ELA) and mathematics are Regents examinations in English and
Mathematics, approved alternatives to Regents examinations in English and
Mathematics, examinations accepted to meet graduation and diploma requirements
for students covered under the interstate compact on educational opportunity
for military children pursuant to section
100.20 of this Part and the NYSAA
for eligible students with disabilities at the secondary level. Provided,
however, participation rate shall not include students whose only assessment
record was an exemption from the 2019-2020 school year spring administration
for a Regents examination or approved alternative pursuant to section
100.5(a)(5) of
this Part. Provided further, however, that participation rate shall also not
include students whose only assessment record for a subject was an exemption
from the 2019-2020 school year spring administration for the NYSAA.
(viii)
Out-of-school suspension
rate shall mean the number of students who were suspended from school
(not including in-school suspensions) for one full day or longer anytime during
the school year divided by the number of students enrolled on BEDS Day of that
school year. Suspension data shall not be evaluated for accountability purposes
for the 2023-2024 and 2024-2025 school years.
(ix)
Performance levels
shall mean for accountability determinations regarding comprehensive support
and improvement schools, targeted support and improvement schools, and target
districts made commencing with the 2022-2023 school year assessment results at
the secondary level, as follows:
(a) Level 1
- basic:
(1) a score of Accountability Level
1 on a Regents examination in ELA, Mathematics, Science, or Social
Studies;
(2) a score of Level 1 on
the New York State Alternate Assessment in ELA, Mathematics, or Science at the
secondary level;
(3) a failing score
on a Regents alternative examination in ELA, Mathematics, Science, or Social
Studies; or
(4) a cohort member who
has not been tested on any of the assessments in subclause (1) through (3) of
this clause.
(b) Level 2
(basic proficient):
(1) a score of
Accountability Level 2 on a Regents examination in ELA, Mathematics, Science,
or Social Studies; or
(2) a score of
Level 2 on the New York State Alternate Assessment in ELA, Mathematics, or
Science at the secondary level.
(c) Level 3 (proficient):
(1) a score of Accountability Level 3 on a
Regents examination in ELA, Mathematics, Science, or Social Studies;
(2) a score of Level 3 on the New York State
Alternate Assessment in ELA, Mathematics, or Science at the secondary
level;
(3) a passing score on a
State-approved alternative examination to a Regents examination in ELA,
Mathematics, Science, or Social Studies; or
(4) any alternative examination to a Regents
examination in ELA, Mathematics, Science, or Social Studies accepted by the
State for students covered under the interstate compact on educational
opportunity for military children pursuant to subdivision (c) of section
100.20 of this
Part.
(d) Level 4
(advanced):
(1) a score of Accountability
Level 4 on a Regents examination in ELA, Mathematics, Science, or Social
Studies;
(2) the highest score on a
State-approved alternative examination to a Regents examination in ELA,
Mathematics, Science, or Social Studies; or
(3) a score of Level 4 on the New York State
Alternate Assessment in ELA, Mathematics, or Science at the secondary
level.
(2) Accountability system for
elementary/middle schools.
(i) Identification
of elementary/middle schools for CSI.
(a) An
elementary/middle school shall be preliminarily identified for CSI using the
following decision table, which combines the following measures of student
performance for the all students subgroup in the school:
(1) Weighted Average Achievement
Performance;
(2) Core Subject
Performance;
(3) English Language
Proficiency; and
(4) Chronic
Absenteeism. A school shall be preliminarily identified for CSI if one or more
of the scenarios in the decision table is applicable to the school; provided
that in order to be preliminarily identified using the decision table below, a
performance level must be assigned at a minimum to the Weighted Average
Achievement Performance measure and one or more of the following measures: Core
Subject Performance, English Language Proficiency, and/or Chronic Absenteeism.
Decision Table for Identification of Comprehensive Support and Improvement Elementary/Middle Schools
|
Scenarios |
Weighted |
Core |
ELP |
Chronic Absenteeism |
|
1 |
Both Level 1 |
Any Level (None*, 1-4) |
Any Level (None*, 1-4) |
|
|
2 |
Level 2 |
Level 1 |
Both NOT Level 3 or 4 ** |
|
|
3 |
Level 1 |
None |
Both NOT Level 3 or 4 ** |
|
|
4 |
Level 1 |
Level 2 |
Both NOT Level 3 or 4 ** |
|
|
5 |
Level 3 |
Level 1 |
Both NOT Level 3 or 4 ** |
|
|
6 |
Level 1 |
Level 3 |
Both NOT Level 3 or 4 ** |
|
*"None" means the school does not have enough students (30 results) to assign an accountability level for the indicator.
**To be identified, the Weighted and Core conditions in scenarios 2-6 would have to be met AND both ELP and CA cannot be Level 3 or 4.
(1) Weighted Average
Achievement Level. For each public elementary/middle school whose all students
subgroup meets the minimum n-size requirements as defined in paragraph (1) of
this subdivision:
(i) for the 2021-2022 school
year results, a Weighted Average Achievement Level using the results of ELA and
mathematics assessments in grades 3-8 and science assessments for grades 4 and
8 shall be computed by the Commissioner in accordance with the provisions of
subdivision (f) of this section.
(ii) for the 2022-2023 and 2023-2024 school
year results, a Weighted Average Achievement Level using the results of ELA and
mathematics assessments in grades 3-8 shall be computed by the
Commissioner.
(2) Core
Subject Performance Level. For each public elementary/middle school whose all
students subgroup meets the minimum n-size requirements as defined in paragraph
(1) of this subdivision, a Core Subject Performance Level using the results of
ELA and mathematics assessments in grades 3-8 and science assessments for
grades 4 and 8 shall be computed by the Commissioner in accordance with the
provisions of subdivision (f) of this section.
(i) for the 2021-2022 school year results, a
Core Subject Performance Level using the results of ELA and mathematics
assessments in grades 3-8 and science assessments for grades 4 and 8 shall be
computed by the Commissioner in accordance with the provisions of subdivision
(f) of this section.
(ii) for the
2022-2023 and 2023-2024 school year results, a Core Subject Performance Level
using the results of ELA and mathematics assessments in grades 3-8 shall be
computed by the Commissioner.
(3) English Language Proficiency Level. For
each public elementary/middle school meeting the minimum n-size requirements as
defined in paragraph (1) of this section, the Commissioner shall compute an
English Language Proficiency Level in accordance with subdivision (f) of this
section.
(4) Chronic Absenteeism
Level. For each public elementary/middle school meeting the minimum n-size
requirement pursuant to paragraph (1) of this subdivision, the Commissioner
shall compute a Chronic Absenteeism Level as follows:
(i) The Commissioner shall first compute the
school's Chronic Absenteeism Rate, in accordance with subdivision (f) of this
section.
(ii) The Commissioner
shall then rank order schools based on their Chronic Absenteeism rate in
descending order.
(iii) Each
elementary/middle school shall then be assigned a Chronic
Absenteeism Level from 1-4 based on such rank ordering using the table below:
|
Chronic Absenteeism Rate Rank |
Chronic Absenteeism Level |
|
10% or Less |
1 |
|
10.1 to 50% |
2 |
|
50.1 to 75% |
3 |
|
Greater than 75% |
4 |
(b) The Commissioner shall first determine
which schools in Scenario 1 shall be identified for CSI. If the identification
of schools in Scenario 1 results in fewer than five percent of public
elementary/middle schools in the state that receive Title I funds being
identified for CSI, the Commissioner shall then determine which schools in
Scenario 2 shall be identified for CSI. The Commissioner shall continue to make
determinations regarding which schools shall be identified for CSI in
descending scenario number order until a minimum of five percent of public
elementary/middle schools that receive Title I funds shall be identified. Once
a minimum of five percent of public elementary/middle schools that receive
Title I funds have been identified, schools in a higher numbered scenario shall
be removed from preliminary identification.
(c) In the 2023-2024 school year based on
2022-2023 school year results and in the 2024-2025 school year based on
2023-2024 school year results, a threshold on the decision table shall be
determined by progressing through the scenarios until a minimum of five percent
of the lowest performing elementary/middle schools meet the criteria for
identification to determine the list of schools that meet exit criteria in
accordance with the provisions of paragraph (5) of this subdivision. The
Commissioner shall not identify schools for CSI at the elementary/middle level
in the 2023-2024 school year based on 2022-2023 school year results or in the
2024-2025 school year based on 2023-2024 school year
results.
(ii)
Identification of Elementary/Middle Schools for Targeted Support and
Improvement (TSI). An elementary/middle school shall be preliminarily
identified for TSI if an accountability subgroup met the criteria for
identification for two consecutive years between the 2021-2022 and 2023-2024
school years and that same subgroup meets a scenario using the decision table
in subparagraph (i) of this paragraph, provided that only Scenario 1 and any
other scenarios with numbers that are lower than the highest numbered scenario
for which a school was identified for CSI shall be used to identify schools for
TSI.
(a) For the identification of schools
for TSI based on 2021-2022 school year results, the consecutive years will be
based on 2018-2019 and 2021-2022 school year results.
(b) The designations of schools for TSI shall
be based on the performance of accountability subgroups, as defined in
paragraph (1) of subdivision (b) of this section and shall not include the
performance of the all students subgroup; provided that, in order to be
preliminarily identified using the decision table in subparagraph (i) of this
paragraph, a performance level must be assigned to, at a minimum, the Weighted
Average Achievement measure and one or more of the following measures: Core
Subject Performance, English Language Proficiency, and/or Chronic
Absenteeism.
(iii)
Identification of elementary/middle schools for Additional Targeted Support and
Improvement (ATSI).
(a) The Commissioner
shall identify for ATSI any school identified for TSI in the 2019-2020 school
year based upon 2018-2019 school year results for which the same subgroup meets
the same scenario criteria used to identify schools for CSI pursuant to
paragraph (2) of this subdivision and that failed to meet the modified criteria
for exiting identification status pursuant to paragraph (5) of this
subdivision.
(b) Notwithstanding
clause (a) of this subparagraph, schools identified for TSI based on 2017-2018
school year results for which the identified subgroup(s) failed to meet the
modified criteria for exiting ATSI status in this subdivision based on 2021-
2022 school year results shall remain identified for ATSI.
(c) The Commissioner shall not identify
elementary/middle schools for ATSI in the 2023-2024 school year based on
2022-2023 school year results or in the 2024-2025 school years based on
2023-2024 school year results.
(3) Accountability system for high schools.
(i) Identification of high schools for CSI.
(a) A high school shall be preliminarily
identified for CSI using the following decision table, which combines multiple
measures of performance for the all students subgroup in the school, as defined
in paragraph (1) of subdivision (b) of this section, using the following
accountability measures:
(1) Weighted Average
Achievement Performance;
(2)
Graduation Rate;
(3) Core Subject
Performance
(4) English Language
Proficiency; and
(5) Chronic
Absenteeism; provided that in order to be preliminarily identified using the
decision table below a performance level must be assigned to, at a minimum, the
Weighted Average Achievement Performance and Graduation Rate measures and one
or more of the following measures: Core Subject Performance, English Language
Proficiency, and/or Chronic Absenteeism. A school shall be preliminarily
identified for CSI if one or more of the scenarios in the decision table is
applicable to the school. Provided, however, that notwithstanding the table
below, any public high school with a 2017 Four-Year Graduation Rate below 67
percent and a 2016 Five-Year or 2015 Six-Year Graduation Rate that is not at or
above 67 percent will be preliminarily identified for CSI.
Decision Table for Identification of Comprehensive Support and Improvement for High Schools
|
Scenarios |
Weighted |
Core |
Grad Rate |
ELP |
Chronic Absenteeism |
|
1 |
Both Level 1 |
Level 1 |
Any Level (None*, 1-4) |
||
|
2 |
Level 2 |
Level 1 |
Level 1 |
Both NOT Level 3 or 4** |
|
|
3 |
Level 1 |
None |
Level 1 |
Both NOT Level 3 or 4** |
|
|
4 |
Level 1 |
Level 2 |
Level 1 |
Both NOT Level 3 or 4** |
|
|
5 |
Level 1 |
Level 1 |
Level 2 |
Both NOT Level 3 or 4** |
|
|
6 |
Level 1 |
Level 2 |
Level 2 |
Both NOT Level 3 or 4** |
|
|
7 |
Level 2 |
Level 1 |
Level 2 |
Both NOT Level 3 or 4** |
|
*"None" means the school does not have enough students (30 results) to assign an accountability level for the indicator.
**To be identified, the Weighted and Core conditions in scenarios 2-7 would have to be met AND both ELP and CA cannot be Level 3 or 4.
(1) Weighted Average
Achievement Level. For each public high school whose all students subgroup
meets the minimum n-size requirements as defined in paragraph (1) of
subdivision (b) of this section:
(i) For the
2021-2022 school year results, a Weighted Average Achievement Level shall be
computed by the Commissioner in the same manner as the Composite Performance
Level is assigned in accordance with the provisions of subdivision (f) of this
section. Notwithstanding the provisions of this subclause, Weighted Average
Achievement Index shall not include students whose only assessment record for a
subject was an exemption from the 2019 - 2020 school year spring administration
for a Regents examination or approved alternative pursuant to section
100.5(a)(5) of
this Part. Provided further that Weighted Average Achievement shall also not
include students whose only assessment record was an exemption for a subject
from the 2019 - 2020 school year spring administration for the NYSAA.
(ii) For the 2022-2023 and 2023-2024 school
year results, a Weighted Average Achievement Index using only the results of
ELA, mathematics, and science assessments shall be computed by the
Commissioner. The State assessments that may be used at the high school level
are New York State Regents examinations in ELA, mathematics, and science,
approved alternatives to Regents examinations in ELA, mathematics, and science,
and the New York State Alternate Assessment (NYSAA) for eligible students with
disabilities at the secondary level.
(2) Core Subject Performance Level. For each
public high school whose all students subgroup meets the minimum n-size
requirements as defined in paragraph (1) of subdivision (b) of this section:
(i) for the 2021-2022 school year results, a
Core Subject Performance Level shall be assigned by the Commissioner using the
same methodology used to assign a Weighted Average Achievement Level, except
that the denominator for computing the Core Subject Performance Index in each
subject shall be the members of the accountability cohort who have a valid
score on an accountability assessment in the subject.
(ii) for the 2022-2023 and 2023-2024 school
year results, a Core Subject Performance Level using only the results of ELA,
mathematics, and science assessments shall be computed by the Commissioner. The
State assessments that may be used at the high school level are New York State
Regents examinations in ELA, mathematics, and science, approved alternatives to
Regents examinations in ELA, mathematics, and science, and the New York State
Alternate Assessment (NYSAA) for eligible students with disabilities at the
secondary level.
(3)
Graduation Rate. For each public high school whose all students subgroup meets
the minimum n-size requirements as defined in paragraph (1) of subdivision (b)
of this section, a Graduation Rate Level shall be assigned by the Commissioner.
(i) The Commissioner shall first compute the
school's 2017 four-year, 2016 five-year, and 2015 six-year Graduation Rates, in
accordance with subdivision (f) of this section.
(ii) The Commissioner shall then rank order
schools based on the unweighted average of the four-year, five-year, and
six-year Graduation Rates.
(iii)
Each high school shall then be assigned a Graduation Rate Level from 14 based
on such rank ordering using the table below:
|
Graduation Rate Rank |
Graduation Rate Level |
|
10% or Less |
1 |
|
10.1 to 50% |
2 |
|
50.1 to 75% |
3 |
|
Greater than 75% |
4 |
(4) English Language Proficiency Level. For
each public high school meeting the minimum n-size requirements as defined in
paragraph (1) of this section, the Commissioner shall compute an English
Language Proficiency Level in accordance with subdivision (f) of this
section:
(5) Chronic Absenteeism
Level. For each public high school whose all students subgroup meets the
minimum n-size requirement pursuant to paragraph (1) of this subdivision, the
Commissioner shall compute a Chronic Absenteeism Level as follows:
(i) The Commissioner shall first compute the
school's Chronic Absenteeism Rate, in accordance with subdivision (f) of this
section.
(ii) The Commissioner
shall then rank order schools based on their Chronic Absenteeism rate in
descending order.
(iii) Each high
school will then be assigned a Chronic Absenteeism Level from 1-4 based on such
rank ordering using the table below:
|
Chronic Absenteeism Rank |
Chronic Absenteeism Level |
|
10% or Less |
1 |
|
10.1 to 50% |
2 |
|
50.1 to 75% |
3 |
|
Greater than 75% |
4 |
(b) The Commissioner shall first determine
which schools in Scenario 1 shall be identified for CSI. If the identification
of schools in Scenario 1 results in fewer than five percent of public high
schools in the state that receive Title I funds being identified for CSI, the
Commissioner shall then determine which schools in Scenario 2 shall be
identified for CSI. The Commissioner shall continue to make determinations
regarding which schools shall be identified for CSI in descending scenario
number order until a minimum of five percent of public high schools that
receive Title I funds shall be identified. Once a minimum of five percent of
public high schools that receive Title I funds have been identified, schools in
a higher numbered scenario shall be removed from preliminary
identification.
(c) In the
2023-2024 school year based on 2022-2023 school year results and in the
2024-2025 school year based on 2023-2024 school year results, a threshold on
the scenario tables shall be determined by progressing through the scenarios
until a minimum of five percent of the lowest performing high schools meet the
criteria for identification to determine the list of schools that meet exit
criteria in accordance with the provisions of paragraph (5) of this
subdivision. The Commissioner shall not identify schools for CSI in the
2023-2024 and the 2024-2025 school years.
(ii) Identification of high schools for TSI.
(a) A high school shall be preliminarily
identified for TSI if an accountability subgroup met the criteria for
identification for two consecutive years between the 2021-2022 and 2023-2024
school years and that same subgroup meets a scenario using the decision table
in subparagraph (i) of this paragraph, provided that only Scenario 1 and any
other scenarios with numbers that are lower than the highest numbered scenario
for which a school was identified for CSI shall be used to identify schools for
TSI.
(b) For the identification of
schools for TSI based on 2021-2022 school year results, the consecutive years
will be 2018-2019 and 2021-2022 school year results.
(c) The designation of schools for TSI shall
be based on the performance of accountability subgroups, as defined in
paragraph (1) of subdivision (b) of this section and shall not include the
performance of the all students subgroup; provided that, in order to be
preliminarily identified using the decision table in subparagraph (i) of this
paragraph, a performance level must be assigned to, at a minimum, the Weighted
Average Achievement measure and Graduation Rate measures and one or more of the
following measures: Core Subject Performance, English Language Proficiency,
and/or Chronic Absenteeism.
(iii) Identification of high schools for
ATSI.
(a) The Commissioner shall identify for
ATSI any school identified for TSI in the 2019 - 2020 school year based upon
2018 - 2019 school year results for which the identified subgroup meets the
same scenario criteria used to identify schools for CSI pursuant to paragraph
(2) of this subdivision and that failed to meet the modified criteria for
exiting identification status pursuant to paragraph (5) of this subdivision.
The Commissioner shall not identify schools for ATSI at the high school level
in the 2023- 2024 school year based on 2022-2023 school year results and the
2024-2025 school year based on 2023-2024 school year results.
(b) Notwithstanding clause (a) of this
subparagraph, schools identified for TSI based on 2017 - 2018 school year
results for which the identified subgroup(s) failed to meet the modified
criteria for exiting ATSI status based on 2021-2022 school year results shall
remain identified for ATSI.
(4) Interventions. Notwithstanding the
provisions of subdivision (i) of this section, interventions in schools
identified for CSI, ATSI, and TSI and interventions in Target Districts shall
be modified as follows:
(i) Any school with
any accountability measure of Level 1 for any subgroup, as calculated pursuant
to subdivision (f) of this section, that is not a school identified for CSI,
ATSI, or TSI, shall not require a needs assessment based on Level 1
identifications using 2021-2022, 2022-2023, or 2023-2024 school year
results.
(ii) Annual Achievement
Progression target shall not be determined using results from the 2021-2022,
2022-2023, or 2023-2024 school year s for schools identified for CSI.
(iii) Participation rate self-assessments and
participation rate improvement plans shall not be required for any school based
on 2021-2022, 2022-2023, or 2023-2024 school year results.
(5) Removal from accountability designation.
Notwithstanding the provisions of subdivision (j) of this section, the
Commissioner shall use the following procedures to exit schools from
identification for CSI, ATSI, TSI, and from Target District status based on
2021-2022, 2022-2023, or 2023-2024 school year results.
(i) For elementary/middle schools:
(a) For schools identified for CSI or ATSI,
an increase between the school's performance in the 2021-2022 year compared to
the 2017-2018 school year, or the 2022-2023 year compared to the 2021-2022
school year, based on either the Core Subject Performance Index or the Weighted
Average Achievement Index for the identified subgroup. Provided, however, that
an elementary/middle school may not exit CSI or ATSI status if the school is
identified for CSI or ATSI using 2021-2022 school year results or meets the CSI
identification criteria in the 2023-2024 school year based on 2022-2023 school
year results.
(b) Beginning with the
2023-2024 school year results, a school identified for CSI and ATSI may exit
status if there is an increase in performance for two consecutive years on
either the Core Subject Performance Index or the Weighted Average Achievement
Index. Provided, however, that an elementary/middle school may not exit CSI or
ATSI status if the school meets the criteria for identification as CSI or
ATSI.
(c) For schools identified
for TSI, the school is not identified for TSI using the 2021-2022 or 2022-2023
school year results.
(d) Beginning
with the 2023-2024 school year results, a school identified for TSI may exit
status if the school does not meet the TSI criteria for two consecutive
years.
(ii) For high
schools:
(a) For schools identified for CSI
or ATSI, an increase between the school's performance in the 2021-2022 school
year compared to the 2017-2018 school year, or the 2023-2024 year compared to
the 2021-2022 school year, based on the Weighted Average Achievement Index or
the unweighted average of the Four-Year, Five-Year, and Six-Year Graduation
Rates computed pursuant to clause (f)(2)(i)(b) of this section for the
identified subgroup. Provided, however, that a high school may not exit CSI or
ATSI status if the school is identified for CSI or ATSI using 2021-2022 school
year results or meets the CSI or ATSI identification criteria in the 2023-2024
school year based on 2022-2023 school year results.
(b) Beginning with the 2023-2024 school year
results, a school identified for CSI and ATSI may exit status if there is an
increase in performance for two consecutive years on either the Weighted
Average Achievement Index or the Core Subject Performance Index, or if the
unweighted average of the Four-Year, Five-Year, and Six-Year Graduation Rates
is higher than the Graduation Rate at the time of identification for two
consecutive years. For schools identified for CSI for having Graduation Rate
less than 67%, the school must have a Graduation Rate at or above 67% for two
consecutive years to exit CSI status. Provided, however, that a high school may
not exit CSI or ATSI status if the school meets the criteria for identification
as CSI or ATSI.
(c) For schools
identified for TSI, the school is not identified for TSI using the 2021-2022 or
2022-2023 school year results.
(d)
Beginning with the 2023-2024 school year results, a school identified for TSI
may exit status if the school does not meet the TSI criteria for two
consecutive years.
(iii)
Notwithstanding the provision of paragraph (j)(4) of this section, the
Commissioner shall not preliminarily identify schools identified for CSI that
were identified for three consecutive school years as struggling schools,
subject to the provisions of section
100.19(m) of this
Part. The Commissioner shall not identify any schools as struggling schools
until the 2024-2025 school year results.
(iv) Notwithstanding the provision of
paragraph (j)(4) of this section, the Commissioner shall not require that any
elementary, middle, or high school that continues to be identified for TSI for
three consecutive school years after designation for ATSI for the performance
of the same accountability subgroup(s) for which the school was identified for
ATSI be preliminarily identified for CSI.
(v) Notwithstanding the provision of
subparagraph (j)(6)(ii) of this section, a Target District shall no longer be
identified as a Target District if there is no school identified for CSI, ATSI,
or TSI in the district.
(6) Identification of schools for public
school registration review. Notwithstanding the provisions of subdivisions (k)
and (l) of this section, the Commissioner shall neither place any schools under
preliminarily registration review or registration review nor place any school
into independent receivership based on 2021-2022 school year
results.
(o) Notwithstanding the provisions of paragraph (b)(3) of this section, CSI School(s) and school(s) identified as CSI shall hereafter be referred to in this Part as school(s) identified for Comprehensive Support and Improvement (or CSI), ATSI school(s) and school(s) identified as ATSI shall hereafter be referred to in this Part as school(s) identified for Additional Targeted Support and Improvement (or ATSI), TSI School(s) and school(s) identified as TSI shall hereafter be referred to in this Part as school(s) identified for Targeted Support and Improvement (or TSI), and Good Standing School(s) and schools identified as Good Standing shall hereafter be referred to in this Part as school(s) identified for Local Support and Improvement (or LSI).
(p) Severability. If any provision of this section or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this section or the application thereof to other persons and circumstances.
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