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 100.18 - ESEA accountability system

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
Notwithstanding the provisions of section
					 100.2(p)(1) through
					 (11) and (14) through (16)  of this Part, this
					 section shall apply to school districts and charter schools in lieu of such
					 provisions during the period of the Elementary and Secondary Education Act
					 (ESEA) waiver, and any revisions and extensions thereof, except as otherwise
					 provided in this section for all accountability designations made prior to July
					 1, 2018 and to the corresponding interventions for such schools and/or school
					 districts for the 2018-2019 school year, except as otherwise provided in
					 section
					 100.21 
					 of this Part. If a provision of section
					 100.2(p) 
					 of this Part conflicts with this section, the provisions of this section shall
					 prevail and the provision of section
					 100.2(p) 
					 of this Part shall not apply.
(b)
Definitions.
As used in this section:
(1)
ESEA
means the
				  Elementary and Secondary Education Act of 1965, as amended,
				  20 U.S.C. section
				  6301
et seq.
(2)
Elementary and Secondary
				  Education Act (ESEA) waiver
shall mean waivers from specified
				  provisions of the Elementary and Secondary Education Act of 1965, as amended,
				  that have been granted for a specified time period to New York State on May 29,
				  2012 by the Secretary of the U.S. Department of Education pursuant to section
				  9401 of the ESEA for purposes of ESEA flexibility, and any revisions to and/or
				  extensions of such waivers.
(3)
Title I
means title I, part A of the Elementary and Secondary
				  Education Act of 1965, as amended (ESEA),
				  20 U.S.C. sections
				  6301-6327.
(4)
Accountability groups
shall mean, for each public school, school district and charter school, those
				  groups of students for each grade level or annual high school cohort, as
				  described in paragraph (j)(2) of this section comprised of: all students;
				  students from major racial and ethnic groups, as set forth in subparagraph
				  (bb)(2)(v) of this section; students with disabilities, as defined in section
				  200.1  of this Title,
				  including, beginning with the 2009-2010 school year, students no longer
				  identified as students with disabilities but who had been so identified during
				  the preceding one or two school years; students with limited English
				  proficiency, as defined in Part 154 of this Title, including, beginning with
				  the 2006-2007 school year, a student previously identified as a limited English
				  proficient student during the preceding one or two school years; and
				  economically disadvantaged students, as identified pursuant to section
				  1113(a)(5) of the NCLB,  20 U.S.C. section 6316(a)(5)  (Public Law, section
				  107-110, section 1113, 115 STAT. 1469; Superintendent of Documents, U.S.
				  Government Printing Office, Washington, DC 20402-9328; 2002; available at the
				  Office of Counsel, State Education Building, Room 148, Albany, NY 12234). The
				  school district accountability groups for each grade level will include all
				  students 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.
(5)
School 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.
(6)
Special act school district
shall mean a school district as
				  defined in subdivision 8 of section 4001  of
				  the Education Law.
(7)
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 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.
(8)
Alternate assessment
means a State alternate assessment recommended by the committee on special
				  education, for use by students with disabilities as defined in section
				  100.1(t)(2)(iv) 
				  of this Part in lieu of a required State assessment.
(9)
Continuously enrolled
means, for grades 3-8, students whose latest date of enrollment occurred after
				  the date prescribed by the commissioner on which BEDS forms are required to be
				  completed and, for grades 9-12, students in the high school cohort, as defined
				  in paragraph (j)(2) of this section.
(10)
Significant medical
				  emergency
means an excused absence from school during both the regular
				  and makeup examination period for which a 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.
(11) For elementary and
				  middle-level students,
participation rate
means the percentage
				  of students enrolled on all days of test administration who did not have a
				  significant medical emergency who received valid scores on the State
				  assessments for elementary and middle-level grades, as set forth in paragraph
				  (14) of this subdivision. Beginning with the 2006-2007 school year, a limited
				  English proficient student enrolled in school in the United States (excluding
				  Puerto Rico) for less than one year as of a date determined by the commissioner
				  and who received a valid score on the NYSESLAT may be counted as participating
				  in an elementary or middle level English language arts assessment.
(12) For high school students,
participation rate
means the percentage of designated students
				  in at least their fourth year of high school, as designated by the
				  commissioner, who received a valid score on the required assessments for high
				  schools, as set forth in paragraph (14) of this subdivision.
(13)
Performance criteria
shall mean the performance criteria set forth in subdivision (j) of this
				  section.
(14)
Performance
				  levels
shall mean:
(i) for elementary
				  and middle grades for accountability determinations regarding priority schools,
				  focus schools, focus districts and local assistance plans made up to and
				  including 2013-2014 school year assessment results:
(a) level 1 (well below proficient):
(1) not on track to be proficient: a score of
				  level 1 on State assessments in English language arts and mathematics provided
				  that using the student's three-year percentile growth targets as established by
				  the commissioner, the student's growth percentile does not meet or exceed his
				  or her growth percentile target; or the student does not have a growth
				  percentile target; or a score of level 1 on a State alternate assessment; or a
				  score of 64 or less, or a comparable score as approved by the Board of Regents,
				  on a Regents examination in mathematics for a student in grade 7 or grade
				  8;
(2) on track to be proficient: a
				  score of level 1 on State assessments in English language arts and mathematics,
				  provided that using the student's three-year percentile growth targets as
				  established by the commissioner, the student's growth percentile meets or
				  exceeds his or her growth percentile target;
(3) for science: a score of level 1 on State
				  assessments in science or other State assessments, or a score of level 1 on a
				  State alternate assessment;
(b) level 2 (below proficient):
(1) not on track to be proficient: a score of
				  level 2 on State assessments in English language arts and mathematics provided
				  that using the student's three-year percentile growth targets as established by
				  the commissioner, the student's growth percentile does not meet or exceed his
				  or her growth percentile target; or the student does not have a growth
				  percentile target; or a score of level 2 on a State alternate
				  assessment;
(2) on track to be
				  proficient: a score of level 2 on State assessments in English language arts
				  and mathematics, provided that using the student's three-year percentile growth
				  targets as established by the commissioner, the student's growth percentile
				  meets or exceeds his or her growth percentile target;
(3) for science: a score of level 2 on State
				  assessments in science or other State assessments, or a score of level 2 on a
				  State alternate assessment;
(c) level 3 (proficient):
(1) a score of level 3 on State assessments
				  in English language arts, mathematics and science or a score of level 3 on a
				  State alternate assessment;
(2) a
				  score of 65 or higher, or a comparable score as approved by the Board of
				  Regents, on a Regents examination in science or mathematics for students in
				  grade 7 or 8 pursuant to section
				  100.4(d) 
				  of this Part;
(d) level
				  4 (excels in standards): a score of level 4 on State assessments in English
				  language arts, mathematics and science or a score of level 4 on a State
				  alternate assessment;
(ii) for elementary and middle grades
				  commencing with the 2014-2015 school year assessment results.
(a) level 1 - well below proficient:
(1) a score of level 1 on State assessments
				  in English language arts, mathematics and science or a score of level 1 on a
				  State alternate assessment;
(b) level 2 - below proficient:
(1) a score of level 2 on State assessments
				  in English language arts, mathematics and science or a score of level 2 on a
				  State alternate assessment;
(c) level 3 - proficient:
(1) a score of level 3 on State assessments
				  in English language arts, mathematics and science or a score of level 3 on a
				  State alternate assessment;
(2) a
				  score of 65 or higher, or a comparable score as approved by the Board of
				  Regents, on a Regents examination in science or mathematics for students in
				  grade 7 or 8 pursuant to section
				  100.4(d) 
				  of this Part;
(d) level
				  4 - excels in standards:
(1) a score of level
				  4 on State assessments in English language arts, mathematics and science or a
				  score of level 4 on a State alternate assessment.
(iii) for high school using
				  Regents examinations based on 2005 learning standards or using a State
				  alternate assessment:
(a) level 1 (well below
				  proficient):
(1) a score of 64 or less on the
				  Regents comprehensive examination in English or a Regents mathematics
				  examination;
(2) a failing score on
				  a State-approved alternative examination for those Regents
				  examinations;
(3) a score of level
				  1 on a State alternate assessment;
(4) a cohort member who has not been tested
				  on the Regents comprehensive examination in English or a Regents mathematics
				  examination or State-approved alternative examination for these Regents
				  examinations;
(b) level
				  2 (below proficient):
(1) a score between 65
				  and 74 on the Regents comprehensive examination in English or between 65 and 79
				  on a Regents examination in mathematics;
(2) a score of level 2 on a State alternate
				  assessment;
(c) level 3
				  (proficient):
(1) a score between 75 and 89
				  on the Regents comprehensive examination in English or between 80 and 89 on a
				  Regents examination in mathematics; or a passing score on a State-approved
				  alternative to those Regents examinations;
(2) a score of level 3 on a State alternate
				  assessment;
(d) level 4
				  (excels in standards):
(1) a score of 90 or
				  higher on the Regents comprehensive examination in English or a Regents
				  mathematics examination;
(2) a
				  score of level 4 on a State alternate assessment.
(iv) for high school using Regents
				  examinations measuring the Common Core Learning Standards:
(a) level 1 (does not demonstrate knowledge
				  and skills for Level 2):
(1) a score of level
				  1 on the Regents examination in English language arts or a Regents mathematics
				  examination;
(2) a failing score on
				  a State-approved alternative examination for those Regents
				  examinations;
(3) a cohort member
				  who has not been tested on the Regents examination in English language arts or
				  a Regents mathematics examination or State-approved alternative examination for
				  these Regents examinations;
(b) level 2 (partially meets Common Core
				  expectations,
i.e.
, Local Diploma level):
(1) a score of level 2 on the Regents
				  examination in English language arts or a Regents examination in
				  mathematics;
(c) level 3
				  (partially meets Common Core expectations,
i.e.
, Regents
				  diploma level):
(1) a score of level 3 on the
				  Regents examination in English language arts or a Regents Examination in
				  mathematics;
(d) level 4
				  (meets Common Core expectations):
(1) a score
				  of Level 4 on the Regents examination in English language arts or a Regents
				  examination in mathematics;
(2) a
				  passing score on a State-approved alternative examination for those Regents
				  examinations.
(e) level
				  5 (exceeds Common Core expectations):
(1) a
				  score of level 5 on the Regents examination in English language arts or a
				  Regents examination in mathematics;
(v) Notwithstanding the provisions of this
				  section:
(a) For students who attend grade 7
				  or 8 and take a Regents examination in mathematics in the 2013-2014 through the
				  2018-2019 school years, but do not take the grade 7 or 8 mathematics
				  assessment, participation and accountability determinations for the school in
				  which the student attends grade 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. For such students, a
				  score of 65 or above, or a comparable score as approved by the Board of
				  Regents, on a Regents examination in mathematics taken in grade 9 or thereafter
				  will be credited as level 3 for purposes of calculating the high school
				  performance index.
(b) For students
				  who attend grade 7 or 8 and who take both the grade 7 or 8 mathematics
				  assessment and a Regents examination in mathematics during the 2013-2014
				  through the 2018-2019 school years, participation and accountability
				  determinations for the school such students attend in grade 7 or 8 shall be
				  based upon the student's performance on the grade 7 or 8 mathematics
				  assessment.
(c) Science assessments
				  in grades 7 and 8.
(1) For students who, while
				  attending grade 8, take a Regents examination in science but do not take the
				  grade 8 science intermediate assessment, participation and accountability
				  determinations for the school in which such student attends grade 8 shall be
				  based upon such student's performance on the Regents examination in
				  science.
(2) For students who,
				  while attending grade 8, take both the grade 8 science intermediate assessment
				  and a Regents examination in science, participation and accountability
				  determinations for the school in which such student attends grade 8 shall be
				  based upon such student's performance on the grade 8 science intermediate
				  assessment.
(3) For students who
				  have taken the grade 8 science intermediate assessment when they attended grade
				  7 and who take a Regents examination in science while attending grade 8,
				  participation and accountability determinations for the school in which such
				  student attends 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
				  they attended grade 7 and who do not take a Regents examination in science
				  while attending grade 8, participation and accountability determinations for
				  the school in which the student attends grade 8 shall be based upon the
				  student's performance on the grade 8 science intermediate assessment taken in
				  grade 7.
(15) Performance index shall be calculated
				  based on the student performance levels as follows:
(i) For elementary and middle grades for
				  accountability determinations regarding priority schools, focus schools, focus
				  districts and local assistance plan schools made up to and including 2013-2014
				  school year results, each student scoring at level 1 who is not on track to be
				  proficient will be credited with 0 points, each student scoring at level 2 who
				  is not on track to be proficient with 100 points, and each student scoring at
				  level 1 or 2 who is on track to be proficient or at level 3 or 4 with 200
				  points. The performance index for each accountability group will be calculated
				  by summing the points and dividing by the number of students in the
				  group.
(ii) Commencing with the
				  2014-2015 school year assessments, for elementary and middle grades, each
				  student scoring at level 1 will be credited with 0 points, each student scoring
				  at level 2 with 100 points, and each student scoring at level 3 or 4 with 200
				  points. The performance index for each accountability group will be calculated
				  by summing the points and dividing by the number of students in the
				  group.
(iii) For high school using
				  Regents examinations based on 2005 learning standards each student scoring at
				  level 1 will be credited with 0 points, each student scoring at level 2 with
				  100 points, and each student scoring at level 3 or 4 with 200 points. The
				  performance index for each accountability group will be calculated by summing
				  the points and dividing by the number of students in the group.
(iv) For high school using Regents
				  examinations measuring the Common Core Learning Standards, each student scoring
				  at level 1 and Level 2 will be credited with 0 points, each student scoring at
				  level 3 with 100 points, and each student scoring at level 4 or 5 with 200
				  points. For high school using the State alternate assessment commencing with
				  the 2013-14 school year, each student scoring at level 1 will be credited with
				  0 points, each student scoring at level 2 with 100 points, and each student
				  scoring at level 3 or 4 with 200 points. The performance index for each
				  accountability group will be calculated by summing the points and dividing by
				  the number of students in the group.
(16)
Student growth
means
				  the change in student achievement for an individual student between two or more
				  points in time.
(17)
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.
(18)
Median student growth
				  percentile
means the result of rank-ordering the student growth
				  percentile results for an accountability group at the school, district, or
				  State level.
(19) The
student growth percentile target
means the rate of annual
				  growth necessary in English language arts and mathematics for a student to meet
				  proficiency standards in three years, or by 8th grade, whichever is
				  earlier.
(20) 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 school in which more than 50 percent of
				  currently enrolled students are English language learners who were born outside
				  of the United States and have attended school in the United States for less
				  than three years.
(21)
School improvement grant
means a grant awarded by the U.S.
				  Department of Education to the New York State Education Department, as a State
				  Education Agency (SEA), pursuant to section 1003(g) of the Elementary and
				  Secondary Education Act of 1965, as amended, and awarded by the department to a
				  local education agency (LEA) as a subgrant.
(22) A
whole school reform
				  model
means the turnaround model, restart model, transformation model
				  or closure model as set forth in section
				  100.2(p)(10)(iv) 
				  of this Part; an innovation framework model as set forth in paragraph (26) of
				  this subdivision; an evidence based model as set forth in paragraph (27) of
				  this subdivision or an early learning intervention model as set forth in
				  paragraph (28) of this subdivision or a plan that provides for the redesign of
				  a school by implementation of all of the following turnaround elements:
(i) Providing strong leadership by:
(a) reviewing the performance of the current
				  principal;
(b) either replacing the
				  principal if such a change is necessary to ensure strong and effective
				  leadership, or demonstrating to the commissioner that the current principal has
				  a track record in improving achievement and has the ability to lead the
				  turnaround effort; and
(c)
				  providing the principal with operational flexibility in the areas of
				  scheduling, staff, curricula, and budget.
(ii) Ensuring that teachers are able to
				  improve instruction by:
(a) reviewing the
				  quality of all staff and retaining only those who have the ability to be
				  successful in the turnaround effort;
(b) preventing ineffective teachers from
				  transferring to these schools; and
(c) providing job-embedded, ongoing
				  professional development informed by the teacher evaluation and support systems
				  and tied to teacher and student needs.
(iii) Redesigning the school day, week, or
				  year to include additional time for student learning and teacher collaboration,
				  provided that such redesigning shall be consistent with any applicable
				  collective bargaining agreement.
(iv) Strengthening the school's instructional
				  program based on student needs and ensuring that the instructional program is
				  research-based, rigorous, and aligned with common core learning
				  standards.
(v) Using data to inform
				  instruction and for continual improvement, including the provision of time for
				  collaboration on the use of data.
(vi) Establishing a school environment that
				  improves school safety and discipline and addressing other non-academic factors
				  that have an impact on student achievement, such as students' social,
				  emotional, and health needs.
(vii)
				  Providing ongoing mechanisms for family and community engagement.
(23)
Integrated
				  intervention team
means a school quality review team or joint
				  intervention team appointed by the commissioner, that may include a
				  distinguished educator appointed by the commissioner, to conduct a diagnostic
				  review of a priority or focus school or focus district or a school under
				  registration review.
(24)
Re-identified focus school
shall mean a school that had been
				  identified as a focus school or a priority school for the 2012-2013, 2013-2014,
				  2014-2015 school years and was identified as a focus school on the list of such
				  schools promulgated by the commissioner during the 2015-2016 school
				  year.
(25)
Re-identified
				  priority school
shall mean a school that had been identified as a
				  priority school for the 2012-2013 and 2014-2015 school years and was identified
				  as a priority school on the list of such schools promulgated by the
				  commissioner during the 2015-2016 school year.
(26) An
innovation framework
				  model
shall mean a model in which the district replaces the principal
				  at the identified school and selects one of three New York State Education
				  Department design frameworks - college pathways school design,
				  community-oriented school design, or career and technical education school
				  design - and partners specifically with an Educational Partnership Organization
				  (EPO), in accordance with Education Law section 211-e, to jointly launch a
				  whole-school redesign.
(27) An
evidence-based model
shall mean a model in which the district
				  replaces the principal at the identified school and implements an
				  evidence-based whole-school reform strategy selected from a United States
				  Department of Education (USDE) list of approved strategies.
(28) An
early learning intervention
				  model
shall mean a model in which the district replaces the principal
				  at the identified school and offers full-day kindergarten, establishes or
				  expands a high-quality preschool program, and implements an approved annual
				  professional performance review plan that serves as a rigorous evaluation and
				  support system.
(29) 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.