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...a monthly update on the New York State Education Department’s Office of Accountability (OA) activities relevant to school districts, schools, the education community and other stakeholders.

December 2016

REGENTS ACTIONS

REGENTS UPDATES

THE EVERY STUDENT SUCCEEDS ACT (ESSA)

GENERAL ANNOUNCEMENTS

REMINDERS

REGENTS ACTIONS

Proposed Amendment of §100.6 of the Commissioner’s Regulations Relating to the Establishment of Criteria for the Approval of Work-Readiness Assessments for Earning the New York State Career Development and Occupational Studies Commencement Credential

At its November 2016 meeting, the Board of Regents adopted as an emergency measure the amendment to §100.6 of the Regulations of the Commissioner of Education relating to the establishment of criteria for the approval of work-readiness assessments for earning the New York State (NYS) Career Development and Occupational Studies (CDOS) Commencement Credential.

The NYS CDOS Commencement Credential certifies that a student has the standards-based knowledge and skills necessary for entry-level employment.

The November 2016 Regents Item regarding the establishment of criteria for the approval of work-readiness assessments for earning the New York State Career Development and Occupational Studies Commencement Credential, is located at:
http://www.regents.nysed.gov/common/regents/files/1116brca4.pdf.

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Amendments to §§100.5 and 200.4 of the Commissioner’s Regulations to Require Superintendents to Make a Local Determination as to Academic Proficiency for Certain Students with Disabilities to Graduate with a Local Diploma

At its October 2016 meeting, the Board of Regents adopted amendments to §§100.5 and 200.4 of the Commissioner’s regulations to require superintendents to make a local determination as to academic proficiency for certain students with disabilities to graduate with a local diploma.

The amendment to §§100.5 and 200.4 addresses responses received during the public comment period that include the following:

  • A superintendent may now use the determination pathway option only upon receipt of a written request from an eligible student’s parent or guardian.
  • A requirement has been added that the student and the parent of the student receive written notice of the superintendent’s determination.
  • Clarification has been made that the definition of superintendent (for purposes for this regulation) only include the principal or head of school of charter schools and non-public schools, as applicable.
  • A requirement has been added that for students of transition age, the development of transition goals and services at a committee on special education meeting must include a discussion with the student’s parents of the student’s progress toward receiving a diploma.

The amendments to §§100.5 and 200.4 adopted at the September 2016 Regents meeting, became effective on Tuesday, October 18, 2016 as an emergency action and will be presented for permanent adoption at the December 2016 Regents meeting.

The October 2016 Regents Item regarding the amendment to the rules of the Board of Regents relating to the local determination as to academic proficiency for certain students with disabilities to graduate with a local diploma, is located at: http://www.regents.nysed.gov/common/regents/files/1016p12a1.pdf.  

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Amendment to §§30-3.4 and 30-3.5 of the Rules of the Board of Regents Relating to the Calculation of Scores for Student Learning Objectives in the Student Performance Category of Annual Professional Performance Reviews for Teachers and Principals in the City School District of the City of New York

At its October 2016 meeting, the Board of Regents adopted amendments to §§30-3.4 and 30-3.5 of the Rules of the Board of Regents relating to the calculation of scores for student learning objectives in the required subcomponent of the student performance category of annual professional performance reviews (APPR) for teachers and principals in the City School District of the City of New York.

The adopted amendment revises §§30-3.4(c)(3) and 30-3.5(c)(3) of the Rules of the Board of Regents to provide further flexibility to allow the City School District of the City of New York to calculate scores and ratings for Student Learning Objectives pursuant to a methodology approved by the Commissioner in the district’s APPR plan.

The amendment to §30-3.4 and 30-3.5 became effective as an emergency measure on October 25, 2016 and will be adopted as a permanent rule at the February 2017 Regents meeting.

The October 2016 Regents Item regarding the amendment to §§30-3.4 and 30-3.5 of the Rules of the Board of Regents, is located at: http://www.regents.nysed.gov/common/regents/files/1016p12a2.pdf.  

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Addition of §100.2(nn) to the Commissioner’s Regulations to Implement Chapter 105 of the Laws of 2016 to Require that Every Public School and Charter School Post the Child Abuse Hotline Telephone Number and Provide Directions to Access the New York State Office of Children and Family Services Website

At its October 2016 meeting, the Board of Regents added a new paragraph, §100.2(nn), to the Commissioner’s regulations to implement Chapter 105 of the Laws of 2016 by requiring that every public school, including charter schools, post the child abuse hotline telephone number and provide directions to access the New York State Office of Children and Family Services website.

In order to timely implement Chapter 105 of the Laws of 2016 by its stated effective date of Tuesday, January 17, 2017, the amendment will be presented for permanent adoption at the January 2017 Regents meeting.

The October 2016 Regents Item regarding the addition of §100.2(nn) to the Commissioner’s Regulations, is located at: http://www.regents.nysed.gov/common/regents/files/1016p12d1.pdf.     

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Amendment of §135.4(c)(7) of the Commissioner’s Regulations relating to Eligibility for Participation in Interscholastic Sports and Duration of Competition

At its October 2016 meeting, the Board of Regents amended §135.4(c)(7) of the Commissioner’s Regulations relating to eligibility for participation in interscholastic sports and duration of competition.

The amendment is intended to provide greater clarity for K-8 school districts and to ensure safe and equitable interscholastic athletic competition for all public school students and outlines the athletic placement process and duration of competition. This placement process allows districts to employ the Athletic Placement Process to provide the opportunity for exceptional middle school student athletes to participate in interscholastic sports at the high school level. The placement process also gives students an extra year of eligibility to participate in high school sports under certain conditions.

The amended rule will be presented for permanent adoption at the February 2017 Regents meeting and will become effective for the next school year, commencing on July 1, 2017.

The October 2016 Regents Item relating to eligibility for participation in interscholastic sports and duration of competition, is located at: http://www.regents.nysed.gov/common/regents/files/1016p12d3.pdf.     

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Amendment to §100.19 of the Regulations of the Commissioner of Education Relating to Community School Grants and the Definition of Community Schools to Implement Education Law § 211-f and Chapter 53 of the Laws of 2016

At its October 2016 meeting, the Board of Regents adopted the amendment to §100.19 of the Commissioner’s regulations relating to community school grants and the definition of community schools, in order to implement Education Law §211-f and Chapter 53 of the Laws of 2016.

As part of the 2016-2017 budget appropriation bill, the legislature and Governor provided a $75 million appropriation ($50 million for operating costs and $25 million for capital costs) to establish community school grants for eligible school districts with schools designated as struggling and persistently struggling by the Commissioner pursuant to Education Law section 211-f(1)(a) or (b) throughout the 2016-2017 school year (“designated schools”). The new law requires eligible school districts to apply to the Commissioner for community school grants.

The adopted amendment became effective as an emergency rule on October 24, 2016 and as a permanent rule on November 2, 2016.

The October 2016 Regents Item relating to community school grants and the definition of community schools, is located at: http://www.regents.nysed.gov/common/regents/files/1016brca6.pdf.

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REGENTS UPDATES

Update on Regents Exams Workgroup

At its November 2016 meeting, the Board of Regents was provided with an update on the workgroup convened to advise on technical and policy aspects of the Regents Examinations.

The Workgroup has met multiple times since its creation, engaged in thoughtful discussions covering many different aspects of the Regents Exams, and drafted a set of recommendations that will be shared with the Board of Regents. The recommendations fall into five categories: graduation requirements, college readiness, reporting of Regents Exam scores, appeals for Regents Exam results, and multiple curriculum pathways in mathematics.

The November 2016 Regents Item regarding the update on the Regents Exams Workgroup, is located at: http://www.regents.nysed.gov/common/regents/files/1116p12d1REVISED.pdf

The supplemental presentation titled “Recommendations of the Regents Exams Workgroup,” can be found at:
http://www.regents.nysed.gov/common/regents/files/P-12 - Recommendations of the  Regents Exams Workgroup_0.pdf.                                                                                                                                             

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McKinney-Vento Homeless Assistance Act for the Education of Homeless Children and Youths, as Reauthorized by the Every Student Succeeds Act

At its October 2016 meeting, the Board of Regents was provided with an update on the Department’s effort to implement the provisions in McKinney-Vento Homeless Assistance Act for the education of homeless children and youths, as amended by the Every Student Succeeds Act of 2015 (ESSA). Topics of the update included:

  • School year 2015-16 data
  • McKinney-Vento Homeless Assistance Act overview
  • Key changes
  • Guidance and professional development
  • Next steps

The October 2016 Regents Item relating to McKinney-Vento Homeless Assistance Act for the education of homeless children and youths, is located at: http://www.regents.nysed.gov/common/regents/files/1016p12d2_0.pdf.
The October 2016 ESSA and the McKinney-Vento Act presentation is located at: http://www.regents.nysed.gov/common/regents/files/McKinney-Vento.pdf.

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2017 State Legislative Initiatives and Priorities

The October 2016 meeting, the relevant committees of the Board of Regents reviewed and discussed proposals to be advanced during the 2017 legislative session.

At the November 2016 meeting, the relevant committees of the Board approved the following proposals to be advanced during the 2017 legislative session:

  • ACCES- Reader’s Aid
  • Cultural Education- Museum Education Act
  • Professional Practice- Enhanced Discipline Authority of the Licensed Professions

The October 2016 Regents Item regarding 2017-2018 State Budget Initiatives, is located at: http://www.regents.nysed.gov/common/regents/files/1016p12d4_0.pdf.

The November 2016 Regents Item regarding 2017-2018 State Budget Priorities, is located at: http://www.regents.nysed.gov/common/regents/files/1116bra10.pdf.

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Regents 2017-2018 State Budget Initiatives and Priorities

At the October 2016 meeting, the relevant committees of the Board of Regents reviewed proposals to be advanced during the 2017-2018 budget cycle.

At the November 2016 meeting, the relevant committees of the Board of Regents approved the following proposals to be advanced during the 2017-18 budget cycle:

  • Electronic Licensing System
  • Public Library Construction
  • Statewide e-Book platform
  • Bridge to College & Careers Pilot Program
  • Independent Living Services

The October 2016 Regents Item regarding 2017-2018 State Legislative Initiatives, is located at: http://www.regents.nysed.gov/common/regents/files/1016p12d5.pdf.

The November 2016 Regents Item regarding 2017-2018 State Legislative Priorities, is located at: http://www.regents.nysed.gov/common/regents/files/1116bra11.pdf.

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Workgroup to Improve Outcomes for Boys and Young Men of Color

At its October 2016 meeting, the Board of Regents was provided with an update on the Workgroup to Improve Outcomes for Boys and Young Men of Color. Documents presented included the following:

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EVERY STUDENT SUCCEEDS ACT

Final ESSA Rulemaking related to Accountability, Reporting, and State Consolidated Applications

On Monday, November 28, 2016 the United States Department of Education released final rule making pertaining to accountability, reporting, and State consolidated applications.  There appear to be some significant revisions between the draft and final versions of the rule making, with many, but not all, changes providing additional flexibility to states. The New York State Education Department is reviewing the final rule making, and will provide updates as more is learned about the rule making.

Final ESSA Rulemaking related to accountability, reporting, and state consolidated application documents are located at the following links:

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ESSA and Equity - Opportunities to Close the Opportunity Gap

At its November 2016 meeting, the Board of Regents was presented with information regarding ESSA and equity - opportunities to close the opportunity gap.

Some of the topics presented were:

  • The Four Pillars of Opportunity
  • Higher order thinking skills for all students
  • Equity measures
  • Resource equity
  • Student support and academic enrichment grants
  • Equity strategies and evidence based interventions

The “ESSA and Equity - Opportunities to Close the Opportunity Gap” presentation can be found at:
http://www.regents.nysed.gov/common/regents/files/Full Board Monday PM - ESSA and Equity_0.pdf.  

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College and Career Readiness, Equity & ESSA

At its November 2016 meeting, the Board of Regents was presented with information regarding college and career readiness, equity and ESSA.

Some of the topics presented were:

  • Defining “College and Career Ready”
  • State Leadership For College and Career
  • Graduation Rates
  • Completion vs. Readiness
  • State Policies Set Expectations
The November 2016 “College and Career Readiness, Equity & ESSA” presentation is located at: http://www.regents.nysed.gov/common/regents/files/Full Board Monday PM - MCohen.pdf.

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Every Student Succeeds Act (ESSA) State Plan Development Activities

At the October 2016 Board of Regents meeting, the “Every Student Succeeds Act (ESSA) State Plan Development Activities” presentation was shared. The purpose of the presentation was to provide an update to the Board of Regents about ESSA. Presentation topics included:

  • Overview of development of state ESSA plan
  • The work that has taken place so far
  • Development of characteristics of highly effective schools and guiding principles
  • Development of high concept ideas
  • Sample high concept ideas
  • High concept ideas: rationale and research
  • Update on regional ESSA state plan development meetings
  • ESSA state plan development timeline choices
  • Next steps

The October 2016 presentation entitled the “Every Student Succeeds Act (ESSA) State Plan Development Activities,” is located at: http://www.regents.nysed.gov/common/regents/files/ESSA.pdf

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GENERAL ANNOUNCEMENTS

State Education Commissioner Elia and Attorney General Schneiderman Offer Guidance to Help Ensure Schools are Safe Havens for Learning

On Friday, November 18, 2016 State Education Department Commissioner MaryEllen Elia and Attorney General Eric T. Schneiderman sent a letter to school districts with guidance on how to ensure schools are safe havens where students are free to learn without fear of discrimination, harassment or intimidation directed toward students and employees as a result of their race, ethnicity, religion, immigration status, disability, sexual orientation, gender identity or any other basis.

The memo regarding schools as safe havens for learning located at: http://www.nysed.gov/news/2016/state-education-commissioner-elia-and-ag-schneiderman-offer-guidance-help-ensure-schools.

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Changes in Allowable Testing Accommodations on the Grades 3-8 New York State English Language Arts Assessments

In November 2016, a memo regarding updates to New York State Education Department (NYSED) procedures on the permissibility of the testing accommodation “tests read” for students with disabilities on the Grades 3-8 New York State English Language Arts Assessments (Grades 3-8 ELA Assessments) was sent to the field.

The accommodation of “tests read” allows students with disabilities that limit their ability to decode print the opportunity to demonstrate content knowledge in all subject areas by mitigating the effects of a reading or print disability.

The November 2016 memo replaces guidance previously issued by NYSED on testing accommodations for students with disabilities and is located at: http://www.p12.nysed.gov/specialed/publications/testing-accommodations-ela-grades-3-8.htm.

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REMINDERS 

Educational Stability and Assurances for Students in Foster Care: Title I, Part A as amended in the Every Student Succeeds Act of 2015

On Monday, November 21, 2016, a field memo regarding the educational stability and assurances for students in foster care was sent to superintendents of public schools, charter school LEA administrators and Title I coordinators. 

The purpose of the memo was to provide time sensitive and important information about changes to Title I, Part A regarding students in foster care as a result of the enactment of the federal Every Student Succeeds Act (ESSA) in December 2015.

Submissions of the Assurances for Students in Foster Care are due on or before Friday, December 9, 2016 to the Title I office via the business portal.

The memo regarding educational stability and assurances for students in foster care is located at: http://www.p12.nysed.gov/accountability/T1/fieldmemos/titleIfostercareassurancesfieldmemo.pdf.

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Upcoming Focus District Institutes

The January Focus District Institute will focus on using data to drive the strategic decision making process that will result in high quality District Comprehensive Improvement Plans (DCIP) and School Comprehensive Education Plans (SCEP).   

School and district staff who share responsibility for implementing, monitoring, and updating comprehensive plans should register for this training.

Registration Information:
To register, please go to: http://nysed.fluidreview.com.  After logging into you user account, the access code to begin the registration is DT8.  If you do not have an account, you will need to create one prior to registering. 

Important Deadlines:

  • Registration opens, Friday, December 2, 2016
  • Registration closes on Monday, January 16, 2017
  • Registration payments must be received by Monday, January 23, 2017
  • Cancellation requests must be sent to NYSED by Monday, January 23, 2017

PLEASE NOTE:

  • The total cost per person is $45.00
  • School or district checks or money orders are the only acceptable forms of payment.  NO CASH OR PURCHASE ORDERS WILL BE ACCEPTED.   
  • Make checks or money orders payable to the USNY Regents Research Fund & mail all payments to:

Ms. Christine Dunigan
Regents Research Fund
89 Washington Avenue
Room 144 EB
Albany, N.Y. 12234                                                                  

Lodging
For participants needing lodging on Sunday, January 29 and Monday, January 30, single occupancy room blocks are currently available at the state rate of $116.00 per night.  Please note that space is limited.  Participants are encouraged to book their rooms as quickly as possible.  Please bring a tax-exempt certificate (ST-129) with you to present at your hotel of choice.      (information below will change)

Hotel & Location

Phone Number

Number of Rooms per Night * 

Room Block Code

Cut Off Date for Reservations

Hampton Inn Albany University Area
1442 Western Avenue
Albany, NY  12203

 

(518) 438-0001

 

10

 

NYS Ed  Dept.

 

8/30/2016

Holiday Inn Express Downtown
300 Broadway
Albany NY 12207

(518) 434-4111

10

SED

8/20/2016

Desmond Hotel
660 Albany Shaker Rd
Albany NY 12211

(518) 869-8100

40

NYSED
12J21R

9/6/2016

Towne Place Suites by Marriott
22 Holland Ave
Albany NY 12208

(518) 860-1500

40

CEC

8/29/2016

Hilton Garden Inn
62 New Scotland Ave
Albany NY 12208

(518) 396-3500

15

PLC4

8/23/2016

Marriott Fairfield Inn & Suites
74 State Street
Albany NY 12227

(518) 434-7410

15

PLC

8/20/2016

*State per diem rate is $116.00 per night  
Participants are responsible for checking availability of lodging.

We are looking forward to your participation. Questions concerning this Focus District Institute should be directed to our electronic mailbox at DTSDEtraining@nysed.gov.   

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NEXT PUBLICATION

January 2017

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Last Updated: December 14, 2016