Office of Accountability

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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.

January 2017

REGENTS ACTIONS

REGENTS UPDATES

THE EVERY STUDENT SUCCEEDS ACT (ESSA)

GENERAL ANNOUNCEMENTS

REMINDER

REGENTS ACTIONS

Amendment of Sections 80-1.8 and 80-5.18 of the Commissioner’s Regulations Related Initial Classroom Certificate and Requirements for a Supplementary Certificate

At its January 2017 meeting, the Board of Regents adopted amendments to §§ 80-1.8 and 80-5.18 of the Commissioner’s Regulations related to the requirements for reissuance of an expired initial certificate and requirements for a supplementary certificate.

The amendments allow candidates for a classroom certificate to apply for a reissuance of that certificate and then complete the required professional development and the CST within one year of the date of their application.

In addition, the amendments provide increased flexibility to districts and candidates seeking a certificate in a new certificate title and will allow the supplementary certificate to be valid for five years rather than three years. With this change, teachers with a supplementary certificate will have more time to be able to complete the requirements for their initial or professional certificate in the new certificate area.

The January 2017 Regents Item regarding the amendment to §§ 80-1.8 and 80-5.18 of the Commissioner’s Regulations is located at: http://www.regents.nysed.gov/common/regents/files/117hed1.pdf.

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Amendment to §80-3.5 of the Commissioner’s Regulations to Establish New Pathway  Options for the Transitional A Certificate in a Career and Technical Education Subject

At its December 2016 meeting, the Board of Regents adopted the amendment to Section 80-3.5 of the Commissioner’s Regulations to establish new pathway options for the Transitional A certificate in a career and technical education subject for candidates who do not meet the current requirements but who possess industry experience, credentials, or are in the process of completing certification.

The amendment was adopted as an emergency rule and became effective on December 17, 2016.

The December 2016 Regents Item regarding the amendment to §80-3.5 of the Commissioner’s Regulations is located at: http://www.regents.nysed.gov/common/regents/files/1216brca5.pdf.

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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 December 2016 meeting, the Board of Regents adopted as a permanent rule the amendment to §100.6 of the Regulations of the Commissioner of Education relating to the creation of criteria for the approval of work-readiness assessments for earning the New York State (NYS) Career Development and Occupational Studies (CDOS) Commencement Credential.

Adopted at the December meeting, the amendment became effective as a permanent rule on December 28, 2016.

The December 2016 Regents Item regarding the approval of work-readiness assessments for earning the New York State CDOS Commencement Credentials is located at: http://www.regents.nysed.gov/common/regents/files/1216brca8.pdf.

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Amendment of §200.18 of the Commissioner’s Regulations Relating to the Establishment of Tuition Rates Resulting from Fiscal Audits of Approved Programs Educating Students with Disabilities Ages 3 to 21 Who Have Been Enrolled Pursuant to Articles 81 and 89 of the Education Law

At its December 2016 meeting, the Board of Regents adopted, as a permanent rule, the amendment of §200.18 of the Commissioner’s regulations, relating to the creation of tuition rates (resulting from fiscal audits) of approved programs that educate students with disabilities ages three to 21 (enrolled pursuant to Articles 81 and 89 of the Education Law). The approved amendment clarifies that the Department maintains discretion in establishing tuition rates.

The December 2016 Regents Item regarding the amendment of §200.18 of the Commissioner’s Regulations relating to the establishment of tuition rates for approved programs educating students with disabilities ages three to 21 is located at: http://www.regents.nysed.gov/common/regents/files/1216brca15.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 December 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 December 2016 Regents Item regarding the amendment to the rules of the Board of Regents relating to the local determination and the academic proficiency for certain students with disabilities to graduate with a local diploma, is located at: http://www.regents.nysed.gov/common/regents/files/1216brca17.pdf.

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New York P-12 Science Learning Standards

At its December 2016 meeting, the Board of Regents adopted the new New York State P-12 Science Learning Standards for implementation in all schools beginning July 1, 2017.

Implementation in 2017-2018 of the new P-12 Science Learning Standards will enable Department staff to continue collaboration with various key stakeholder groups across that state.

The December 2016 Regents Item regarding the new New York P-12 Science Learning Standards is located at: http://www.regents.nysed.gov/common/regents/files/1216p12a1.pdf.

The supplemental presentation, “Collective Perspectives on NYS P-12 Science Learning Standards" is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20 %20Science%20Panel%20Presentation.pdf.

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Regents 2017-2018 State Budget Priorities

At its December 2016 meeting, the relevant committees of the Board of Regents approved certain proposals to be advanced during the 2017-18 budget cycle.

The Regents approved budget priorities as follows:

State Aid Modeling and Facilities Planning Systems

$2 million

Special Education and Related Services Data System

$700,000

Support for Targeted School Districts

$675,000

Charter School Office

$1.5 million

Excessive Teacher Turnover Prevention Grant Expansion

$4 million

Enhancing the Achievement of English Language Learners

$12.4 million

Building Oversight and Support Capacity at SED

5% set-aside

Regents Exams in World Languages

$1 million

Erasure Analysis of Test Results

$500,000

Project-Based Assessments

$8 million

Expansion of Teacher Exam Vouchers and Shanker Grant

$960,000

Higher Education Opportunity Programs

$11.67 million

Sustaining ECHS and P-TECH Programs

Fully fund

Institution Accreditation

Spending Authority

The December 2016 Regents Item regarding Regents 2017-18 State Budget Priorities is located at:  http://www.regents.nysed.gov/common/regents/files/1216p12a5revised.pdf.

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2017 State Legislative Priorities

At its December 2016 meeting, the relevant committees of the Board of Regents approved certain proposals to be advanced during the 2017 legislative session. The Board of Regents affirmed support for last year’s proposals and approved new proposals for the 2017 legislative session as follows:

P-12

  • Tenure/Seniority Protections for Bilingual and ESOL Teachers
  • Streamlining Prekindergarten Programs
  • Establishing a Tuition Rate Setting Index
  • Mandate Relief for School Districts
  • Accelerating State Aid Claims
  • Regional Secondary Schools Advisory Council
  • Supporting Struggling School Districts

Higher Education

  • DREAMers

The December 2016 Regents Item regarding 2017 State Legislative Priorities is located at:  http://www.regents.nysed.gov/common/regents/files/1216p12a6.pdf.

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Amendment of §100.2(gg) of the Commissioner’s Regulations, Relating to the Uniform Violent and Disruptive Incident Reporting System (VADIR)

At its December 2016 meeting, the Board of Regents adopted the amendment to §100.2(gg) of the Commissioner’s Regulations relating to the Uniform Violent and Disruptive Incident Reporting System (VADIR), which is scheduled to become effective as a permanent rule and be implemented in the next school year (commencing on July 1, 2017).

The December 2016 Regents Item regarding the amendment to VADIR is located at: http://www.regents.nysed.gov/common/regents/files/1216p12a2.pdf.

The supplemental presentation, “Violent and Disruptive Incident Reporting System (VADIR) Amendments to Commissioner’s Regulations § 100.2 (gg)," is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20VADIR.pdf.

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REGENTS UPDATES

Proposed Amendments to Part 136 of the Commissioner’s Regulations Relating to School Health Services

At its January 2017 meeting, the Board of Regents discussed the amendment of Part 136 of the Commissioner’s Regulations relating to school health services.

The proposed amendments include changes to the following:

  • §136.1: Definitions
  • §136.2: General regulations
  • §136.3: School Health Services

It is anticipated that the proposed rule will be presented to the Board of Regents for permanent adoption at the April 2017 Regents meeting. If adopted at the April meeting, the proposed amendment will become effective for the next school year, commencing on July 1, 2017.

The December 2016 Regents Item regarding the proposed amendments to Part 136 of the Commissioner’s Regulations relating to school health services is located at: http://www.regents.nysed.gov/common/regents/files/117p12d1.pdf.

The presentation “Proposed Amendments to Part 136 of the Commissioner’s Regulations Relating to School Health Services” is located at:

http://www.regents.nysed.gov/common/regents/files/P-12%20Proposed%20Amendments%20to%20Commissioner%E2%80%99s%20Regulations%20on%20School%20Health%20Services%20Part%20136.pdf.                                                                                              

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Career and Technical Education Update

At its January 2017 meeting, the Board of Regents was provided with a career and technical education update. The Board of Regents in previous discussions and actions provided students with greater opportunity to graduate college and career ready. Career and Technical Education (CTE) programs offer students a number of benefits and graduation options as they pursue post-high school education and career interests. The update outlined what currently exists and opportunities for future expansion and access.

The January 2017 Regents Item regarding the career and technical education update is located at: http://www.regents.nysed.gov/common/regents/files/117p12d2.pdf.

The January 2017 Regents Item regarding the proposed amendments to Part 136 of the Commissioner’s Regulations relating to school health services is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20Career%20and%20Technical%20Education%20Update.pdf.

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Revision and Implementation of New English Language Arts (ELA) and Mathematics Standards

At the December 2016 Board of Regents meeting, Department staff provided the Board of Regents with an update on the recommended changes, revision, and implementation of the new New York State Learning Standards in English Language Arts (ELA) and mathematics following the public comment period.  

The December 2016 Regents Item regarding the revision and implementation of new ELA and mathematics standards is located at: http://www.regents.nysed.gov/common/regents/files/1216p12d1.pdf.

The December 2016 ELA and mathematics standards review update presentation is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20-%20ELA%20and%20Mathematics%20Standards%20Review%20Update%20.pdf.

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Grades 3-8 English Language Arts and Mathematics Computer-Based Testing (CBT)

At the December 2016 Board of Regents meeting, Department staff updated the Board of Regents on the Department’s plan to transition all Grades 3-8 ELA and math tests from paper-based to computer-based tests (CBT).  

To support schools in the transition to CBT, the Department continues to collaborate with the field through multiple communication networks, including the following:

The Department is also making available resources to assist districts and schools with implementing CBT, including the following:

The Department will conduct a series of regional CBT training sessions throughout the State in January 2017, and will host a series of webinar trainings to ensure that educators and administrators are fully prepared to administer and score the computer-based tests.

The December 2016 Regents Item regarding grades 3-8 ELA and mathematics CBT is located at: http://www.regents.nysed.gov/common/regents/files/1216p12d2.pdf.

The December 2016 presentation on New York’s transition to CBT is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20-%20New%20York%E2%80%99s%20Transition%20to%20Computer-Based%20Testing.pdf.

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Guidance issued by the New York State Education Department and the New York State Office of Children and Family Services on Ensuring Educational Stability for Children in Foster Care

At the December 2016 Board of Regents meeting, Department staff presented the Board of Regents with an update regarding the requirements for ensuring educational stability for students in foster care in accordance with requirements detailed in the Every Student Succeeds Act (ESSA) and guidance issued by the U.S. Department of Education and the U.S. Department of Health and Human Services.

The December 2016 Regents Item regarding ensuring the educational stability of children in foster care is located at: http://www.regents.nysed.gov/common/regents/files/1216p12hed1.pdf.

The supplemental presentation “Educational Stability for Youth in Foster Care in New York State” is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20-%20HE%20Foster%20Care%20Deck.pdf.

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Update on the Blue Ribbon Commission for the Arts

At the December 2016 Board of Regents meeting, Department staff provided an update the Board of Regents on the Blue Ribbon arts assessment subcommittees and their work on the recommendations presented in the New York Arts Pathway Assessment System report.  

The focus of the Blue Ribbon Commission has been the identification of multiple pathway assessments in the arts that may be used by students in New York for the +1 assessment option.

The December 2016 Regents Item regarding the update on the Blue Ribbon Commission for the Arts is located at: http://www.regents.nysed.gov/common/regents/files/1216p12ced1.pdf.

The December 2016 presentation regarding the update on the Blue Ribbon Commission for the Arts is located at: http://www.regents.nysed.gov/common/regents/files/P-12%20CE%20Blue%20Ribbon%20Commission.pdf.

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Improving Outcomes for Boys and Young Men of Color

At the December 2016 Board of Regents meeting, the Workgroup to Improve Outcomes for Boys and Young Men of Color provided an update on its work.

The Workgroup presented its interim report to the Full Board of Regents during the December 15, 2015 meeting. These recommendations were then presented to the New York State Assembly for inclusion in the enacted 2016 budget. On April 4, 2016, New York became the first state to accept the President’s MBK challenge for which the Assembly successfully secured $20 million in the 2016-2017 State Budget to fund programs that will help boys and young men of color succeed inside and outside the classroom.

The “New York State Education Department My Brother’s Keeper Guidance Document: Emerging Practices for Schools and Communities” is located at: http://www.regents.nysed.gov/common/regents/files/MLK%20Brief-FINAL%2012-5-16.pdf.

A presentation by the Northeast Comprehensive Center “New York State Education Department My Brother’s Keeper Guidance Document: Emerging Practices for Schools and Communities” is located at: http://www.regents.nysed.gov/common/regents/files/FB%20-%20Tuesday%20MBK%20Guidance%20Document.pdf.

The presentation regarding the MBK Digital Day of Action is located at: http://www.regents.nysed.gov/common/regents/files/FB%20-%20Tuesday%20MBK%20Digital%20Day%20of%20Action.pdf.

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Students’ Constitutional Right to a Sound Basic Education: New York’s Unfinished Agenda

At the December 2016 Regents Meeting, the Regents Research Work Group was presented with findings on a series of topics focused on the work of the Campaign for Educational Equity at Teacher’s College, Columbia University.  

The agenda for the Board of Regents Research Work Group is located at: http://www.regents.nysed.gov/common/regents/files/Agenda.pdf.

The presentation by the Campaign for Educational Equity at Teacher’s College, Columbia University “Students’ Constitutional Right to a Sound Basic Education: New York’s Unfinished Agenda” is located at:

http://www.regents.nysed.gov/common/regents/files/CEE_presentation_Regents%20Research%20Work%20Group_12.15.16_FINAL.pdf.

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EVERY STUDENT SUCCEEDS ACT

Development of the New York State Every Student Succeeds Act Plan

At its January 2017 meeting, Department staff presented the Board of Regents with updates on the Development of New York State’s Every Student Succeeds Act (ESSA) Plan.

The update was regarding  four newly proposed High Concept Ideas (HCI) relating to school improvement requirements for schools identified as low performing, the annual review and annual plans for low-performing schools, comprehensive support and improvement for school flexibility and the direct service set aside option.

Additional information was shared about each new HCI along with relevant requirements of the ESSA law and/or final rulemaking, as well as a rationale and reaction to each HCI based on survey responses from Regional Meeting participants.

Documents shared as part of the update included:

  • ESSA State Plan High Concept Ideas

http://www.regents.nysed.gov/common/regents/files/FB%20Monday%20-%20ESSA%20State%20Plan%20High%20Concept%20Ideas.pdf

  • Proposed “High Concept Idea” Summaries -- Supports and Improvements for Schools 12/1/2016

http://www.regents.nysed.gov/common/regents/files/FB%20Monday%20-%20Proposed%20%E2%80%9CHigh%20Concept%20Idea%E2%80%9D%20Summaries%2C%2012.01.16.pdf

  • Survey of School Quality and Student Success Indicators

http://www.regents.nysed.gov/common/regents/files/FB%20Monday%20-%20Survey%20of%20School%20Quality.pdf

The presentation, “Development of the New York State Every Student Succeeds Act Plan,” is located at: http://www.regents.nysed.gov/common/regents/files/FB%20Monday%20ESSA%20Slide%20Deck.pdf.

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Additional ESSA Resources Recently Released by USDE

On Thursday, January 19, 2017 the U.S. Department of Education shared additional resources to further support States in transitioning to the ESSA, including frequently asked questions on accountability under Title I, Part A and guidance on including English learners in statewide accountability systems.

Accountability under Title I, Part A of the ESEA

The Frequently Asked Questions on Accountability under Title I, Part A of the ESEA provides an overview of many of the key provisions for accountability and school improvement and is intended to help States, Local Education Agencies (LEAs), and other stakeholders understand the statutory and regulatory requirements, particularly in areas where States and LEAs have raised questions or asked for further explanation or suggestions. The FAQs include descriptions of how States and LEAs may meet these requirements, provides examples, and links to other related non-regulatory guidance under the ESSA, such as the State Plan Peer Review Guidance.

Accountability for English Learners under the ESEA

The resource guide on accountability for English learners under the ESEA describes the ESSA accountability provisions for English learners (ELs) in greater detail, including how they compare to those previously required by the ESEA, as amended by the No Child Left Behind Act. Based in part on many of the questions the Department has received from States and LEAs on these issues in particular, the resource guide supports States in setting long-term goals and measurements of interim progress for students’ English language proficiency (ELP), developing a Progress in Achieving English Language Proficiency indicator, and including all ELs in their updated accountability systems, particularly ELs with disabilities, former ELs, and recently arrived ELs.

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New Non-Regulatory ESSA Guidance from USDE

In January 2017, the United States Department Education (USDE) released new non-regulatory guidance for the Every Student Succeeds Act (ESSA) on:

To access all USDE ESSA related documents please visit: https://www2.ed.gov/policy/elsec/leg/essa/index.html.

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Opportunities and Challenges in the Design of ESSA Accountability Systems

At its December 2016 meeting, the Board of Regents was presented with information regarding opportunities and challenges in the design of ESSA accountability systems. The presentation made by Scott F. Marion, Executive Director of the National Center for the Improvement of Educational Assessment included:

The opportunities and challenges in the design of ESSA accountability systems presentation is located at: http://www.regents.nysed.gov/common/regents/files/FB%20-%20Monday%20ESSA%20Assessment%20and%20Accountability%20for%20RegentsSMarion.pdf.

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Development of New York's Every Student Succeeds Act (ESSA) State Plan 

At its December 2016 meeting, the Board of Regents was provided with an update regarding the issuance of the USDE final ESSA rules related to accountability; data reporting, including new fiscal transparency requirements; state plans; assessments; and the Department’s draft High Concept Ideas to standards and assessments.

The presentation, “Development of New York's Every Student Succeeds Act (ESSA) State Plan” is located: http://www.regents.nysed.gov/common/regents/files/FB%20Monday%20-%20ESSA%20Commissioner.pdf.

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GENERAL ANNOUNCEMENTS

USDE Grant Competition: Opening Doors Expanding Opportunities

USDE Secretary John King announced a new discretionary grant competition: Opening Doors, Expanding Opportunities. $12 million is available for up to 20 districts or groups of districts to help catalyze new school diversity efforts and support the progress of existing ones. A key component of this program will be the creation of Diversity Blueprints for improving academic outcomes for students in a district’s lowest performing schools by substantially increasing socioeconomic diversity in those schools. These blueprints will serve as a critical implementation resource not only for the districts that develop them, but also for other communities considering similar approaches, and for the field overall.

A few important notes and upcoming dates relating to this competition:

  • All districts with schools that receive or are eligible to receive School Improvement Grant funds may apply.
  • The grant application deadline is February 13, 2017, with an anticipated spring announcement of awardees.
  • To access the electronic grant application, go to Grants.gov and search for the downloadable application package by the CFDA number (84.377C). Do not include the CFDA number's alpha suffix in your search.
  • All grant-related questions should be directed to OpeningDoors@ed.gov.

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Acceptance of a $500,000 grant from The Wallace Foundation

At its December 2016 meeting, the Board of Regents accepted a grant in the sum of $500,000 from The Wallace Foundation to support the work of the USNY Regents Research Fund. The mission of the foundation is to foster improvements in learning and enrichment for disadvantaged children and the vitality of the arts for everyone.

The December 2016 Regents Item regarding acceptance of a $500,000 grant from the Wallace Foundation is located at: http://www.regents.nysed.gov/common/regents/files/1216bra7.pdf.

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REMINDERS 

Deadline for the Registration of Public Schools

The Department requires that school districts making changes to the registration of schools and creating new schools for the 2017-18 school year, submit the appropriate forms for Public School Registration by Wednesday, March 1, 2017. Public School Registration changes include:

  • opening a new public school
  • closing an existing public school
  • modifying the grade organization of an existing public school, and/or
  • changing the location of a school

Public School Registration forms can be found at: http://www.p12.nysed.gov/irs/newschool/.

In addition to the submission of forms, regulations also require districts to submit a signed copy of the Board of Education resolution explicitly approving all changes that have been requested for each school.

After a district’s submission is received, NYSED staff will review the submission and the Commissioner will make recommendations to the Board of Regents regarding the approval of petitions for new schools.  The district must satisfactorily demonstrate that the school will be operated in an educationally sound manner; is in compliance with applicable statutes, rules and regulations relating to public schools; and will operate in accordance with applicable building codes and pursuant to a certificate of occupancy.  School Registration petitions submitted by Wednesday, March 1, 2017 will be reviewed by the Board of Regents at its June 2017 meeting.

School Registration submissions and inquiries regarding the process can be sent to: accountinfo@nysed.gov.

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NEXT PUBLICATION

February 2017

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Last Updated: January 30, 2017