The Public Information Process on C4E
Regulation: Each school district’s Contract for Excellence shall be developed through a public process consistent with shared decision making requirements of section 100.11 of Commissioner' Regulations.
► The public process includes:
(1) a 30-day public comment period to provide an opportunity for parents and persons in parental relation, teachers, administrators, and distinguished educators appointed pursuant to Education Law section 211-c to submit written comments on the school district's proposed Contract for Excellence;
(2) public hearing(s) to provide an opportunity for oral and written comments to be submitted by any interested party; and
(3) preparation of a public comment record and assessment by the school district.
PUBLIC COMMENT PERIOD
► The school district is required to give reasonable notice of the public comment period to parents and persons in parental relation, teachers, administrators and distinguished educators appointed pursuant to Education Law section 211-c. This may be done by posting the notice on a school district website, or in schools and school district offices in conspicuous locations, publishing the notice in local publications, and including the notice in district mailings and distributions.
► The school district shall also provide translations of the notice into the language other than English that are most commonly spoken in the school district.
► The notice shall include:
(1) a general description of the Contract for Excellence;
(2) a detailed description of proposed allocations:
(a) on a school level;
(b) by program area, including details concerning proposed program additions and/or enhancements;
(c) by student achievement performance targets; and
(d) by affected student population groupings, including but not limited to:
(i) students with limited English proficiency and students who are English language learners;
(ii) students in poverty;
(iii) students with disabilities; and
(iv) students with low academic achievement;
(3) information on where to obtain a copy of the proposed contract for excellence; and
(4) a description of the process for submitting written comments including, but not limited to, the school district address to which comments may be sent and the date by which comments must be received by the district.
► Districts publicize proposed C4E plan—for mandatory public comment period- recommended date of June 1, 2009.
PUBLIC HEARINGS
► New York City shall hold a public hearing within each county of said city. In addition, the Contract for Excellence must be submitted to the community district education council for review and comment at a public meeting.
► Each school district outside of NYC shall hold at least one public hearing (to be completed during the 30-day public comment period ).
► The school district is required to give reasonable notice to the public of each public hearing held as part of the public process. This may be done by posting the notice on a school district website, or in schools and school district offices in conspicuous locations, publishing the notice in local publications, and including the notice in district mailings and distributions.
► The district shall also ensure that public notice of the time and place of a public hearing is given to the news media and conspicuously posted, consistent with the Open Meetings Law.
► The school district shall also provide translations of the notice into the language other than English that are most commonly spoken in the school district.
► The notice shall include:
(1) a general description of the contract for excellence;
(2) a detailed description of proposed allocations:
(a) on a school level;
(b) by program area, including details concerning proposed program additions and/or enhancements;
(c) by student achievement performance targets; and
(d) by affected student population groupings, including but not limited to:
(i) students with limited English proficiency and students who are English language learners;
(ii) students in poverty;
(iii) students with disabilities; and
(iv) students with low academic achievement;
(3) information on where to obtain a copy of the proposed contract for excellence; and
(4) a description of the public hearing process including the procedures for participation and submission of comments.
► The public comment period is recommended to close on July 1, 2009 (or 30 days after posting date) to allow districts 12 days to prepare assessment of public comments.
PUBLIC COMMENT RECORD AND ASSESSMENT
► The school district must prepare, and make available upon request, a record of public comments received, including each written comment received and the transcript of roal comments presented at public hearings
► The school district must also make available and post on its website an assessment of public comment, which shall include:
(1) a summary of the substance of comments received, grouped by subject matter; and
(2) the district’s response to each substantive comment, including a statement of any changes made to the Contract as a result of the comment, or an explanation of why the comment's suggestions were not incorporated into the Contract. The last date for this step is recommended as July 13, 2009.
► The school district can make changes to the proposed Contract in response to comments and hearing(s) prior to submission of the Contract to the Commissioner for approval .
COMMISSIONER'S APPROVAL
► A school district shall not submit its Contract to the Commissioner for approval until:
(1) the 30-day public comment period has ended;
(2) all public hearings have been conducted;
(3) the public comment record has been prepared; and
(4) the public comment assessment has been prepared and posted on a school district website.
► Each school district shall post its Contract, or any amended Contract, on the district's website within 48 hours of the Contract's submission to the Commissioner for approval.
► In New York City, a transcript of the testimony presented at the public hearing(s) shall be included when the Contract is submitted to the Commissioner for approval.
► The school district’s public process requirements under Section 100.13(d) must be complied with and will be considered by the Commissioner before a contract is approved.