Current through Register Vol. 46, No. 12, March 20, 2024
(a) Each city
school district in a city with a population in excess of 125,000 inhabitants
and each community school district in the city of New York and each other
school district that is required to set aside an amount of its comprehensive
operating aid for pupils with compensatory educational needs pursuant to
Education Law, section
3602(12)(g) to submit to
the commissioner a single comprehensive district plan pursuant to Education
Law, section
3602(12)(g)(2)(G)(ii)
shall prepare and submit such plan in accordance with provisions of this
subdivision describing the use of such setaside. Such district plans shall be
submitted for approval on a three-year cycle commencing September 1, 1991, and
shall be amended annually in accordance with paragraph (d)(1) of this section.
Any school district that is required to submit a comprehensive district plan
for the current year and was not required to submit such a plan for the base
year shall submit its comprehensive district plan by September 1st of the
current year for the remainder of the current three-year cycle. Each district
plan shall be in a form prescribed in the commissioner and shall be consistent
with the provisions of this Subpart and sections
100.3(b)(3),
100.4(e)
and
100.5(a)(4)(iii)
of this Title and shall include, but need not be limited to, the following:
(1) a description of the policy used by the
school district for allocation of the apportionments to school buildings in the
district;
(2) such information on
programs within individual school buildings as the commissioner may
require;
(3) a description of how
the use of appropriate Federal and State compensatory educational programs and
services including those provided under this Part are to be coordinated with
the instructional programs and services provided in the regular classroom as
described in the district plan;
(4)
the length, frequency, and duration of compensatory instructional programs and
services;
(5) the number of
eligible pupils to be enrolled in each instructional program and receiving each
service in the current year;
(6)
specification of the means taken to diagnose each eligible pupil to determine
his or her individual basic skills deficiencies and an assurance that the
program of instruction and services will be appropriate to the individual needs
of each pupil as determined by such diagnosis;
(7) a description of how measurable learning
objectives for each eligible pupil will be established, including the objective
of the achievement of grade level proficiency;
(8) an assurance that each pupil's progress
toward the attainment of his or her established learning objectives will be
frequently monitored and evaluated and that, based upon the results of such
monitoring and evaluation, adjustments to each pupil's educational program will
be made;
(9) for the school year
1993-94 only, a description of the expenditure of the apportionments for pupils
with special educational needs and for pupils with compensatory educational
needs in the 1992-93 school year;
(10) for the school year 1994-95 and
thereafter, a description of the expenditure of the setaside for compensatory
education in the base year for pupils with compensatory educational
needs;
(11) an assurance that all
eligible pupils will receive instruction and services in accordance with the
district plan and specification of the means by which eligibility of pupils
will be determined;
(12) a
description of the compensatory program of instruction and services, which may
include the services specified in clause (B) of subparagraph (2) of paragraph g
of subdivision 12 of section
3602 of the Education Law, and any other
acceptable remedial strategy;
(13)
a description of how the compensatory instruction and services will be
coordinated with the instructional program provided in the regular classroom
and with other programs providing the compensatory services specified in Clause
(B) of subparagraph (2) of paragraph g of subdivision 12 of section
3602 of the Education Law, including a
description of how delivery of services and assessment procedures will be
planned and coordinated among the regular classroom teachers and remedial
teachers, and, as appropriate, with the support services personnel funded from
the setaside for attendance improvement and dropout prevention and the State
apportionment for educationally related support services;
(14) a description of the procedure to ensure
that school records of a newly enrolled pupil are obtained with the least
possible delay from such pupil's former school and that such records are
maintained in such pupil's school of attendance in accordance with standards
set forth by the commissioner;
(15)
an assurance that during the course of a school year newly enrolled pupils in a
school building will receive an appropriate placement for compensatory
education services included in this Subpart no later than 30 days from
enrollment in the school building;
(16) an assurance that parents or persons in
parental authority are notified of their child's participation in the program
and the instructional objectives and methods to be used and that such parents
are provided reports on their children's progress in the program on at least a
semiannual basis;
(17) a
description of the in-service training, if any, to be provided to professional
and paraprofessional staff members and/or tutors, including the procedure for
determining such training needs and how such training is to be
evaluated;
(18) a description of
the parental involvement programs, activities, and procedures including
proposed expenditures;
(19) an
assurance that a written policy is implemented to involve parents of
participating pupils in the planning and implementation of the district plan
and that such policy has been made available to parents;
(20) an assurance that the district will
convene an annual meeting to which all parents of participating children will
be invited;
(21) a description of
any model practices to be replicated with the setaside for compensatory
education funds;
(22) a description
of each schoolwide project including proposed use of funds under this Part;
and
(23) an assurance that the
district has determined, through an annual review of effectiveness, whether its
stated performance objectives have been achieved and that results have been
used to determine the need for program improvement.
(b) Each school district that is required to
set aside an amount of its comprehensive operating aid for pupils with
compensatory educational needs pursuant to paragraph g of subdivision 12 of
section
3602 of the Education Law and is not
required to submit a comprehensive district plan pursuant to subdivision (a) of
this section shall prepare and submit to the commissioner an acceptable plan in
accordance with provisions of this subdivision and paragraph a of subdivision
10 of section
3602 of the Education Law describing the
use of such funds. Such plans shall be submitted on the three-year cycle that
commenced on September 1, 1991, and on or before September 1st of every third
year thereafter, and shall be amended annually in accordance with paragraph (2)
of subdivision (d) of this section. Any school district that is required to
submit a district plan pursuant to this subdivision for the current year and
was not required to submit such a plan for the base year shall submit its
district plan by September 1st of the current year for the remainder of the
current three-year cycle. Each district plan shall be in a form prescribed by
the commissioner, shall constitute the comprehensive project application for
remedial instruction, shall be consistent with the provision of this Subpart
and sections
100.3(b)(3),
100.4(e)
and
100.5(a)(4)(iii)
of this Title and shall include, but need not be limited to, the following:
(1) number and grade span of pupils served by
planned activities;
(2) priority
needs, and the method by which such needs were identified;
(3) program objectives;
(4) description of program
activities;
(5) the method to
evaluate the extent to which the objectives of the program have been achieved,
which shall include a pre- and post-assessment of the academic achievement of
the pupils served by the program;
(6) the budget for the expenditure of such
setaside amount;
(7) the date on
which such plan was adopted by the board of education; and
(8) a description of how other available
funds will be coordinated with the setaside to provide a unified comprehensive
program of remedial instruction for all eligible pupils in the
district.
(c) Each
school district that is required to set aside an amount of its comprehensive
operating aid for pupils with compensatory educational needs pursuant to
paragraph g of subdivision 12 of section
3602 of the Education Law and is not
required to submit a comprehensive district plan pursuant to subdivision (a) of
this section shall prepare and submit to the commissioner an acceptable plan of
service describing student outcomes expected from implementation of the
proposed plan. Such plan shall be submitted on the three-year cycle that
commenced on September 1, 1991, and on or before September 1st of every third
year thereafter. Any school district that is required to submit a plan of
service pursuant to this subdivision for the current year and was not required
to submit such a plan for the base year shall submit its plan of service by
September 1st of the current year for the remainder of the current three-year
cycle. Each district plan shall be in a form and shall have the content
prescribed by the commissioner and shall be consistent with the provisions of
this Subpart and sections
100.3(b)(3),
100.4(e),
and
100.5(a)(4)(iii)
of this Title. The commissioner may require amendments of such plans as
authorized by paragraph b of subdivision 10 of section
3602 of the Education Law.
(d) Annual amendment of plan.
(1) An annual amendment of each district plan
required under subdivision (a) of this section shall be submitted for approval
no later than September 1st of each year, commencing September 1, 1993,
provided that the commissioner may require the submission of a new district
plan in lieu of an amendment in any year. Such amendment shall include, but
shall not be limited to, a budget for the expenditure of the setaside for
compensatory education funds for pupils with compensatory educational needs,
and updated information on the proposed use of the setaside for the current
year.
(2) Prior to September 1st of
each year, school districts to which subdivision (b) of this section applies
shall submit, on forms prescribed by the commissioner, information which amends
the approved three-year district plan to reflect any and all program and budget
changes.