- (iv) identify and reward school leaders, teachers, and other staff who, through implementation of the transformation model, have increased student achievement and high school graduation rates, per rates defined by the commissioner; and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, have not done so;
- (v) provide staff ongoing, high-quality job-embedded professional learning (e.g., regarding subject-specific pedagogy, instruction that reflects a deeper understanding of the community served by the school or differentiated instruction) that is aligned with the school’s comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;
- (vi) implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that shall be designed to recruit, place and retain staff with the skills necessary to meet the needs of the students in a transformation school;
- (vii) use data to identify and implement an instructional program that is research-based and vertically aligned from one grade to the next as well as aligned with State academic standards;
- (viii) promote the continuous use of student data (such as from formative, interim and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;
- (ix) establish schedules and strategies that provide increased learning time;
- (x) provide ongoing mechanisms for family and community engagement;
- (xi) give the school sufficient operational flexibility (such as staffing, calendars/time, and budgeting) to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates; and
- (xii) ensure that the school receives ongoing, intensive technical assistance and related support for the LEA, the SEA or a designated external lead partner organization.
- (b) A school as described in subparagraph (9)(iii) of this subdivision that is placed under registration review in the 2010-2011 school year or thereafter, shall implement a plan, in a format and timeline as approved by the commissioner, that shall, at a minimum, meet the requirements of a restructuring plan pursuant to subclause (6)(iv)(c)(2) of this subdivision and include at least one of the actions of a transformation or turnaround model.
- (v) The department shall periodically monitor the implementation of the restructuring plan. The commissioner may require a school district to submit such reports and data as the commissioner deems necessary to monitor the implementation of the restructuring plan and to determine the degree to which the school has achieved the progress required by the commissioner. Such reports shall be in a format and in accordance with such timeframe as are prescribed by the commissioner. The commissioner may upon a finding of good cause extend the deadline for submission of a restructuring plan.
- (vi) Unless it is determined by the commissioner that a school identified for registration review should be phased out or closed, or that a shorter period of time shall be granted, a school placed under registration review shall be given three full academic years to show progress. If, after three full academic years of implementing a restructuring plan, the school has not demonstrated progress as delineated by the commissioner in the warning pursuant to subparagraph (i) of this paragraph, the commissioner shall recommend to the Board of Regents that the registration be revoked and the school be declared an unsound educational environment, except that the commissioner may upon a finding of extenuating circumstances extend the period during which the school must demonstrate progress. The board of education of the school district which operates the school (in New York City, the chancellor) shall be afforded notice of such recommendation and an opportunity to be heard in accordance with subparagraph (iv) of this paragraph. Upon approval of revocation of registration by the Board of Regents, the commissioner will develop a plan to ensure that the educational welfare of the pupils of the school is protected. Such plan shall specify the instructional program into which pupils who had attended the school will be placed, how their participation in the specified programs will be funded, and the measures that will be taken to ensure that the selected placements appropriately meet the educational needs of the pupils. The commissioner shall require the board of education to implement such plan.
(vii) Decisions to revoke the registration of a public school shall be made in accordance with the following procedures:
(a) The commissioner shall provide written notice of his recommendation and the reasons therefor to the board of education, which operates the school (in New York City, both the New York City Board of Education and any community school board having jurisdiction over the school). Such notice shall also set forth:
- (1) the board of education's right to submit a response to the recommendation and request oral argument pursuant to clause (b) of this subparagraph;
- (2) the place, date and time the matter will be reviewed and if requested, argument heard by a three-member panel of the Board of Regents for recommendation to the full Board of Regents; and
- (3) notification that failure to submit a response will result in the commissioner's recommendation being submitted to the Board of Regents for determination.
- (b) Within 15 days of receiving notice of the recommendation to revoke registration, the board of education may submit a written response to the commissioner's recommendation. The response shall be in the form of a written statement which presents the board of education's position, all evidence and information which the board of education believes is pertinent to the case, and legal argument. If the board of education desires, it may include in its response a request for oral argument. Such response must be filed with the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234.
- (c) Within 30 days of the date of notice of the commissioner's recommendation, a panel comprised of three members of the Board of Regents, appointed by the chancellor, shall convene to consider the commissioner's recommendation, review any written response submitted by the board of education and, if timely requested by the board of education, hear oral argument.
(11) Removal of schools from registration review, school phase-out or closure.
- (i) In the event that a school has demonstrated the progress necessary to be removed from registration review, the superintendent may petition the commissioner to remove the school from registration review. If such petition is based upon results of the "all student" group on the English language arts and mathematics assessments or graduation rate, such petition shall be submitted pursuant to a date prescribed by the commissioner but no later than December 31st of the calendar year in which such assessments were administered, except that the commissioner may for good cause accept a petition submitted after such date. A school shall not be removed from registration review if, in the commissioner's judgment, conditions that may contribute to a poor learning environment, as identified in paragraph (9) of this subdivision, remain present in the school.
- (ii) In the event that a school placed under registration review prior to the 2010-2011 school year demonstrates previously established progress to be removed from registration review, but is identified in the 2010-2011 school year as persistently lowest-achieving pursuant to subparagraph (9)(ii) of this subdivision, the school shall remain under registration review and shall follow intervention requirements pursuant to subparagraph (10)(iv) of this subdivision.
- (iii) In the event that a school placed under registration review prior to the 2010-2011 school year demonstrates previously established progress to be removed from registration review and is not identified in the 2010-2011 school year as persistently lowest-achieving pursuant to subparagraph (9)(ii) of this subdivision, the school shall be removed from registration review.
(iv) In the event that a board of education seeks to phase out or close a school under registration review, the board of education (in New York City, the chancellor or chancellor's designee) shall submit for commissioner's approval, a plan identifying the intervention that will be implemented and will result in phase out or closure. The commissioner may grant approval of such plan provided that:
- (a) official resolutions or other approvals to phase out or close the existing school have been adopted by the local board of education (in New York City, the chancellor or chancellor's designee);
- (b) a formal phase out or closure plan has been developed and approved in accordance with the requirements of the intervention prescribed by the commissioner pursuant to subparagraph (10)(iv) of this subdivision; and
- (c) parents, teachers, administrators, and community members have been provided an opportunity to participate in the development of the phase out or closure plan.
(12) Registered nonpublic high school registration review.
(i) The registration of a registered nonpublic high school shall be placed under review under the following circumstances:
- (a) when the school scores below the registration review criterion on one (or more) of the measures adopted by the Board of Regents, and the student achievement on such measures or other appropriate indicators has not shown improvement over the preceding three school years, as determined by the commissioner; or
- (b) when sufficient other reason exists, as determined by the commissioner, to warrant a review of the school's registration.
(ii) On an ongoing basis consistent with clauses (i)(a) and (b) of this paragraph, and after consultation with the appropriate nonpublic school officials, the commissioner shall identify the nonpublic high schools whose registration shall be placed under review. When a nonpublic high school is identified for registration review, the commissioner shall offer technical assistance to the school in the development of a school improvement plan. The commissioner shall require that:
- (a) the nonpublic school develop a school improvement plan which will address the areas in which the school has been determined to be in need of assistance;
- (b) the school improvement plan be submitted to the department no later than June 30th of the school year in which the commissioner required such a plan; and
- (c) the school improvement plan be implemented no later than the first week of classes in the September next following the close of the school year in which the plan was approved by the commissioner.
- (iii) If, after a time period established by the commissioner in consultation with the appropriate nonpublic school officials, the nonpublic high school under registration review has not demonstrated progress on the registration criteria in question, the commissioner shall formally notify the appropriate nonpublic school officials that the school is at risk of having its registration revoked. Upon receipt of such warning, the nonpublic school officials shall notify the parents of children attending the school under registration review of the issuance of such warning.
- (iv) If, after a further time period established by the commissioner in consultation with the appropriate nonpublic school officials, the nonpublic high school under registration review has not demonstrated progress as determined by the commissioner, the commissioner shall recommend to the Board of Regents that the registration be revoked. The governing body and the chief administrative officer of the nonpublic school shall be afforded notice of such recommendation and an opportunity to be heard in accordance with the procedures set forth in subparagraph (10)(viii) of this subdivision, except that such procedure shall be afforded to the governing body and chief administrative officer of the nonpublic school. Upon approval of revocation of registration by the Board of Regents, the commissioner in consultation with the appropriate nonpublic school officials will develop a plan to ensure that the educational welfare of the pupils of the school is protected.
(13) Nonpublic school accountability performance criteria.
(i) The registration of a registered nonpublic school may be placed under registration review when its students score below the following criteria on the measures of student achievement specified below:
| Measure | Criteria |
|---|
| Pupil Evaluation Program (PEP) Tests | |
| Grade 3 Reading | 65 percent above statewide reference point (SRP) |
| Grade 3 Mathematics | 75 percent above statewide reference point (SRP) |
| Grade 6 Reading | 65 percent above statewide reference point (SRP) |
| Grade 6 Mathematics | 70 percent above statewide reference point (SRP) |
| Preliminary competency testing requirements, grade 8 or 9 | |
| Grade 8 Reading | 85 percent above statewide reference point (SRP) |
| Grade 9 Reading | 84 percent above statewide reference point (SRP) |
| Regents competency testing requirements | |
| Reading | 25 percent Failure rate |
| Writing | 25 percent Failure rate |
| Mathematics | 40 percent Failure rate |
| Dropout Rate | 10 percent or higher |
(14) Public school, school district and charter school accountability performance criteria. Each district and school accountability group, as defined in subparagraph (1)(i) of this subdivision shall be subject to the performance criteria specified below:
- (i) Elementary level English language arts. Annual measurable objectives, based on a performance index, set at 123 in 2002-03 and 2003-04 and 131 in 2004-2005.
- (ii) Middle level English language arts. Annual measurable objectives, based on a performance index, set at 107 in 2002-03 and 2003-04 and 116 in 2004-2005.
- (iii) Elementary-middle level English language arts. Annual measurable objectives, based on a performance index, set by the commissioner in 2005-2006 and, beginning in 2008-2009, increasing annually in equal increments through 2009-2010 and then reset at 122 in 2010-2011 and increasing annually in equal increments so as to reach 200 in 2013-2014.
- (iv) Elementary level mathematics. Annual measurable objectives, based on a performance index, set at 136 in 2002-03 and 2003-04 and 142 in 2004-2005.
- (v) Middle level mathematics. Annual measurable objectives, based on a performance index, set at 81 in 2002-03 and 2003-04 and 93 in 2004-2005.
- (vi) Elementary-middle level mathematics. Annual measurable objectives, based on a performance index, set by the commissioner in 2005-2006 and, beginning in 2008-2009, increasing annually in equal increments through 2009-2010 and then reset at 137 in 2010-2011 and increasing annually in equal increments so as to reach 200 in 2013-2014.
- (vii) High school English language arts and mathematics requirements. Annual measurable objectives, based on the performance index of the high school cohort defined in paragraph (16) of this subdivision, set at 142 in English language arts and 132 in mathematics in 2002-03 and 2003-04, and incremented annually thereafter as necessary so that in 2013-2014 the index shall be 200.
- (viii) For the 2002-2003 through the 2005-2006 school year test administrations, for purposes of the commissioner's annual evaluation of public schools, public school districts, and charter schools, the following limited English proficient students may be considered to be meeting performance criteria in elementary or middle-level English language arts if they demonstrate a specified increment of progress on the New York State English as a Second Language Achievement Test (NYSESLAT) for their grade level. For limited English proficient students who have attended school in the United States (not including Puerto Rico) for fewer than three consecutive years, districts and charter schools may administer the NYSESLAT to such students in lieu of the required State assessment in English language arts. Districts or charter schools may, on an individual basis, annually determine to administer the NYSESLAT in lieu of the required assessment in English language arts to limited English proficient students who have attended school in the United States (not including Puerto Rico) for four or five consecutive school years. No exemption is available beyond the student's fifth year and the student must take the required English language arts assessment.
- (ix) For each criterion (subparagraphs [i] through [vii] of this paragraph), the commissioner shall also establish a benchmark against which the performance of the accountability group, all students, defined in subparagraph (1)(i) of this subdivision, will be measured. This benchmark will be used in recognizing high-performing schools and districts, determining which school districts are required to develop local assistance plans as described in paragraph (m)(6) of this section and for identifying those schools that are subject to registration review pursuant to paragraph (9) of this subdivision.
(15) Additional public school, school district, and charter school accountability indicators.
(i) Elementary science indicator: For the 2002-2003 through 2004-2005 school years:
- (a) an index of 100 that may be incremented annually, as the commissioner deems appropriate, or progress in relation to performance in the previous school year; and
- (b) beginning in 2004-05, 80 percent of students enrolled on all days of the test administration, who did not have a significant medical emergency, received valid scores.
(ii) Middle-level science indicator: For the 2002-2003 through 2004-2005 school years:
- (a) an index of 100 that may be incremented annually, as the commissioner deems appropriate, or progress in relation to performance in the previous year; and
- (b) beginning in 2004-05, 80 percent of students enrolled on all days of the test administration, who did not have a significant medical emergency, received valid scores.
(iii) Elementary-middle science combined indicator: For the 2005-2006 school year and thereafter:
- (a) an index of 100 that may be incremented annually, as the commissioner deems appropriate, or progress in relation to performance in the previous year; and
- (b) 80 percent of students enrolled on all days of the test administration, who did not have a significant medical emergency, received valid scores.
- (iv) A high school graduation rate established annually by the commissioner, or progress in relation to the previous school year's graduation rate. The graduation rate is the percentage of the annual graduation rate cohort that earns a local or Regents diploma by August 31st following the third school year after the school year in which the cohort first entered grade 9, except that in a school in which the majority of students participate in a department-approved, five-year program that results in certification in a career or technology field in addition to a high school diploma, the graduation rate shall be the percentage of the annual graduation rate cohort that earns a local diploma by August 31st following the fourth school year after the school year in which the cohort first entered grade 9.
(16) Annual high school or high school alternative cohort.
(i) Beginning in the 2005-2006 school year, except as provided in clauses (a) and (b) of this subparagraph, the annual high school cohort for purposes of determining adequate yearly progress on the criteria set forth at subparagraph (14)(vii) of this subdivision and identifying schools for registration review pursuant to paragraph (9) of this subdivision for any given school year shall consist of those students who first enrolled in ninth grade three school years previously anywhere and who were enrolled in the school on the first Wednesday in October of the current school year. The annual district high school cohort for purposes of determining such adequate yearly progress for any given school year shall consist of those students who first enrolled in ninth grade three school years previously anywhere and who were enrolled in the district or placed by the district committee on special education or by district officials in educational programs outside the district on the first Wednesday in October of the current school year. Students with disabilities in ungraded programs shall be included in the annual district and high school cohort in the third school year following the one in which they attained the age of 17.
(a) The following students shall not be included in the annual high school cohort: students who transferred to another high school or approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this Part, or criminal justice facility, who left the United States or its territories, or who are deceased; except that, beginning with students who first entered grade 9 in the 2002-03 school year, the following students will be included in the high school cohort of the school they attended before transferring:
- (1) students who transfer to an approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this Part, but leave that program before the end of the third school year after the school year in which they first entered grade 9 without having earned a high school equivalency diploma or without entering a program leading to a high school diploma; and
- (2) students who transfer to any high school equivalency preparation program other than those approved pursuant to section 100.7 of this Part.
(b) The following students shall not be included in the annual district high school cohort: student who transferred to a high school that is not a component of the district or to an approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this Part, or criminal justice facility, who left the United States or its territories, or who are deceased; except that, beginning with students who first entered grade 9 in the 2002-03 school year, the following students will be included in the high school cohort of the district they attended before transferring:
- (1) students who transfer to an approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant to section 100.7 of this Part, but leave that program before the end of the third school year after the school year in which they first entered grade 9 without having earned a high school equivalency diploma or without entering a program leading to a high school diploma; and
(2) students who transfer to any high school equivalency preparation program other than those approved pursuant to section 100.7 of this Part.
(ii)
- (a) For purposes of determining adequate yearly progress on the indicator set forth at subparagraph (15)(iv) of this subdivision, the graduation rate cohort for each public school, school district, and charter school for each school year from 2002-03 through 2006-2007 shall consist of all members of the school or district high school cohort, as defined in subparagraph (i) of this paragraph, for the previous school year plus any students excluded from that cohort solely because they transferred to an approved alternative high school equivalency or high school equivalency preparation program.
(b) Commencing with the 2007-08 school year, for purposes of determining adequate yearly progress on the indicator set forth at subparagraph (15)(iv) of this subdivision:
- (1) the graduation rate cohort for each public school and charter school shall consist of those students who first enrolled in grade 9 anywhere three school years previously or, if an ungraded student with a disability, first attained the age of 17 three school years previously, and who have spent at least five consecutive months, not including July and August, in the school since first entering grade 9 and whose last enrollment in the school did not end because of transfer to another school, death, court-ordered transfer, or leaving the United States.
- (2) the graduation rate cohort for each public school district shall consist of those students who first enrolled in grade 9 anywhere three school years previously or, if an ungraded student with a disability, first attained the age of 17 three school years previously, and who have spent at least five consecutive months, not including July and August, in the district since first entering grade 9 and whose last enrollment in the district did not end because of transfer to another district, death, court-ordered transfer, or leaving the United States.
- (iii) The high school alternative cohort in any given year shall consist of those students enrolled in the high school on the first Wednesday of October three years previously who were still enrolled in the school on the first Wednesday of October two years previously. Schools in which more than half the students enrolled have previously been enrolled in another high school or in which more than half the enrollment is receiving special education services may voluntarily submit to the commissioner information on the performance of an alternative high school cohort.
(17) Identification of programs for high school equivalency program review.
- (i) Each year, commencing with 2002-03 school year test administration results, the commissioner shall review the performance of all alternative high school equivalency programs and high school equivalency programs for high school equivalency program review.
(ii) The commissioner shall identify those programs that have the lowest percentage of students meeting the following criteria:
- (a) students under the age of 21 who complete 150 hours of instruction who receive a high school equivalency diploma if the student upon entering the program is assessed on an instrument approved by the commissioner to have a reading and mathematics level at or above grade nine;
- (b) students under the age of 21 who complete 150 hours of instruction who receive a high school equivalency diploma or advance one high school equivalency literacy level in reading or mathematics if the student upon entering the program is assessed on an instrument approved by the commissioner to have a reading or mathematics level below grade nine; and
- (c) students under the age of 21 who complete fewer than 150 hours of instruction who receive a high school equivalency diploma or continue in the program during the subsequent school year.
- (iii) In programs in which fewer than 20 students are subject to the criteria in subparagraph (ii) of this paragraph, the commissioner may review prior years' performance of the program in order to make a determination whether the program shall be considered farthest from meeting the criteria. In calculating the performance of a program, the commissioner may exclude from consideration students who complete fewer than 12 hours of instruction.
- (iv) The commissioner may also place under high school equivalency program review any program for which a district or board of cooperative educational services fails to provide in a timely manner the student's performance data required by the commissioner to conduct the annual assessment of the high school equivalency program.
- (v) For each high school equivalency program identified as having the lowest percentage of students meeting the high school equivalency performance criteria, the local school district or board of cooperative educational services shall be given the opportunity to present to the commissioner additional information.
- (vi) The commissioner shall review the available data, including additional information provided by the district or board of cooperative educational services and determine which of the high school equivalency programs identified as having the lowest percentage of students meeting the criteria of high school equivalency performance established by the commissioner, are most in need of improvement and shall be placed under high school equivalency program review.
(18) High school equivalency program approval review.
- (i) Upon placing a high school equivalency program under high school equivalency program review, the commissioner shall notify the district or board of cooperative educational services that the high school equivalency program has been identified for high school equivalency program review, and that the program may not receive approval for continued operation. The commissioner shall include in any notification issued pursuant to this subparagraph an explicit delineation of the progress that must be demonstrated in order for the high school equivalency program to be removed from program review status. Upon receipt of such notification, the district or board of cooperative educational services shall take appropriate action to notify the general public of the issuance of such warning. Such action shall include, but need not be limited to, direct notification, within 30 days of receipt of the commissioner's warning, in English and translated, when appropriate, into the recipient's native language or mode of communication, to persons in parental relation of children attending the program that it has been placed under high school equivalency program review and is at risk of not receiving an approval for program continuance, and disclosure of such warning by the district, or board of cooperative educational services at its next public meeting. By June 30th of each school year during which a program remains under high school equivalency program review, or at the time of a student's initial application or admission to the program, whichever is earliest, the district or board of cooperative educational services shall provide direct notification to parents or other persons in parental relation to children attending the high school equivalency program that the program remains under high school equivalency program review and is at risk of not receiving continuance approval. Such notification shall include a summary of the actions that the district or board of cooperative educational services are taking to improve student results.
- (ii) Following the identification of a high school equivalency program for high school equivalency program review the commissioner shall require that a corrective action plan be developed by the district superintendent of the board of cooperative educational services or superintendent of the district and submitted to the commissioner for review and approval; such corrective action plan shall be in a format prescribed by the commissioner and shall be submitted to the commissioner according to the timeframes established by the commissioner. The department shall periodically monitor the implementation of the corrective action plan. The commissioner may require a school district or board of cooperative educational services to submit such reports and data as the commissioner deems necessary to monitor the implementation of the corrective action plan.
- (iii) Unless it is determined by the commissioner that a shorter period of time shall be granted, a high school equivalency program placed under high school equivalency program review shall be given two full academic years to show progress. If, after this period of time, the high school equivalency program under high school equivalency program review has not demonstrated progress as delineated by the commissioner in the notification pursuant to subparagraph (i) of this paragraph, the commissioner shall render a decision not to approve subsequent applications from the district or board of cooperative educational services for the operation of the high school equivalency program, except that the commissioner may upon a finding of extenuating circumstances extend the period during which the high school equivalency program must demonstrate progress.
(19) Removal of high school equivalency programs from high school equivalency program review.
- (i) In the event that a high school equivalency program has demonstrated the progress necessary to be removed from high school equivalency program review, the commissioner shall make such determination and notify the school district or board of cooperative educational services of the decision.
(ii) A district or board of cooperative educational services that has been denied approval to operate a high school equivalency program may after a period of one year submit a new application. The application shall be in a format approved by the commissioner and must ensure that:
- (a) the school's chief administrative officer has designated a staff member to provide leadership to the program;
- (b) the class size does not exceed 15 students for the first year of program;
- (c) quarterly progress reports will be submitted for the first year;
- (d) a minimum of 20 hours of staff development will be offered to all teachers and administrators involved with the program; and
(e) such other information as required by the commissioner.
(q) High school program offerings.
- (1) School districts shall make available to their students all the options for earning a diploma, which are specified in section 100.5 of this Part. Sufficient instruction shall be provided to meet all the State learning standards.
- (2) Advanced courses which convey credit toward a high school diploma and also convey higher education credit may be made available through arrangements with higher education institutions.
(3) A public school district shall not impose any charge or fee on students for any instruction or program required by this Part and leading to a high school diploma.
(r) Transfer students screening.
In addition to the diagnostic screening required pursuant to section 117.3 of this Title, students entering the New York State school system for the first time, or reentering the New York State school system with no available records, shall be screened to determine the need for academic intervention services. The principal shall determine each such student's need for academic intervention services by administering a State-developed or State-approved assessment or by reviewing such student's transcript, where available, or by use of a district-wide screening procedure applied uniformly across each grade.
(s) Students with disabilities.
- (1) Each student with a disability, as such term is defined in section 200.1(cc) of this Title, shall have access to the full range of programs and services set forth in this Part to the extent that such programs and services are appropriate to such student's special educational needs.
(2) Instructional techniques and materials used by schools shall be modified to the extent appropriate to provide the opportunity for students with disabilities to meet diploma requirements. At each annual review of a student's individualized education program, the committee on special education shall consider the appropriateness of such modifications.
(t) Availability of speech and language improvement services.
(1) School districts that provide speech and language improvement services as defined in section 100.1(p) of this Part shall provide such services to any student determined to be in need of such by the building administrator.
- (i) The board of education or trustees of each school district shall develop, in consultation with appropriate school personnel, procedures for the recommendation, approval, provision, periodic review, and termination of such services.
- (ii) The parent or other person in parental relationship to a student who is to be provided speech and language improvement services shall be notified in writing, in the dominant language of such person, of the initiation and termination of such services. The person who made the recommendation for such services, if an employee of the school district, shall also receive written notice.
(2) A student whose speech impairment adversely affects the student's educational performance shall be referred to the committee on special education for further evaluation and review of the need for special services and programs, pursuant to article 89 of the Education Law.
(u)-(v) [Reserved]
(w) Credit for BOCES programs.
- (1) Each board of cooperative educational services (BOCES) shall determine the number of units of credit that will be earned by students successfully completing units of study in each of the instructional programs of the BOCES. The number of units of credit that may be earned for each program shall be determined after consultation with boards of education of the component school districts.
- (2) In awarding credit toward a Regents or a local high school diploma, boards of education shall award to students who have successfully completed a BOCES program the number of units of credit determined by the BOCES pursuant to paragraph (1) of this subdivision.
(3) Where a student successfully completes the requirements for a technical endorsement to a diploma as part of an approved career and technical education program offered by a board of cooperative educational services pursuant to section 100.5(d)(6)(v) of this Part, a board of education shall affix such endorsement to the diploma awarded to such student.
(x) Education of homeless children.
(1) Definitions. For purposes of this subdivision:
(i) designator means:
- (a) the parent or person in parental relation to a homeless child; or
- (b) the homeless child, together with the McKinney-Vento liaison designated under subparagraph (7)(iii) of this subdivision, where applicable, in the case of an unaccompanied youth; or
- (c) the director of a residential program for runaway and homeless youth established pursuant to article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program;
(ii) feeder school means:
- (a) a preschool whose students are entitled to attend a specified elementary school or group of elementary schools upon completion of that preschool;
- (b) a school whose students are entitled to attend a specified elementary, middle, intermediate, or high school or group of specified elementary, middle, or high schools upon completion of the terminal grade of such school; or
- (c) a school that sends its students to a receiving school in a neighboring school district pursuant to Education Law section 2040;
(iii) homeless child means:
(a) a child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child who is:
- (1) sharing the housing of other persons due to a loss of housing, economic hardship or a similar reason;
- (2) living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;
- (3) living in emergency or transitional shelters;
- (4) abandoned in hospitals;
- (5) a migratory child, as defined in section 1309(2) of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act of 2015, 20 U.S.C. section 6399(2), (Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234), who qualifies as homeless under any of the provisions of subclauses (1) through (4) of this clause or clause (b) of this subparagraph;
- (6) an unaccompanied youth, as defined in section 725 of subtitle B of title VII of the McKinney-Vento Homeless Act, which includes a homeless child or youth not in the physical custody of a parent or guardian. The term unaccompanied youth shall not include a child or youth who is residing with someone other than a parent or legal guardian for the sole reason of taking advantage of the schools of the district; or
(b) a child or youth who has a primary nighttime location that is:
- (1) a supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the State or local department of social services, and residential programs for runaway and homeless youth established pursuant to article 19-H of the Executive Law; or
- (2) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train stations or similar setting;
- (c) the term homeless child shall not include a child in foster care, including a child awaiting foster care on or after December 10, 2016, or receiving educational services pursuant to Education Law section 3202 (4), (5), (6), (6-a) or (7) or pursuant to articles 81, 85, 87 or 88;
(iv) preschool means publicly funded:
- (a) pre-kindergarten programs administered by the department or a local educational agency;
- (b) head start programs administered by a local educational agency; and/or
- (c) preschool services under the Individuals with Disabilities Education Act administered by a local educational agency;
(v) receiving school means:
- (a) a school that enrolls students from a specified or group of preschools, elementary schools, middle schools, intermediate schools, or high schools; or
- (b) a school that enrolls students from a feeder school in a neighboring local educational agency pursuant to Education Law section 2040;
- (vi) regional placement plan means a comprehensive regional approach to the provision of educational placements for homeless children that has been approved by the commissioner;
- (vii) school district of current location means the public school district within the State of New York in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth, is located, which is different from the school district of origin;
- (viii) school district of origin means the school district within the State of New York in which the homeless child was attending a public school or preschool on a tuition-free basis or was entitled to attend when circumstances arose that caused such child to become homeless, which is different from the school district of current location. School district of origin shall also mean the school district in the State of New York in which the child was residing when circumstances arose that caused such child to become homeless if such child was eligible to apply, register, or enroll in public preschool or kindergarten at the time such child became homeless, or the homeless child has a sibling who attends a school in the school district in which the child was residing when circumstances arose that caused such child to become homeless;
- (ix) school of origin means the public school that a child or youth attended when permanently housed, or the school in which the child or youth was last enrolled, including a preschool or charter school. Provided that, for a homeless child or youth who completes the final grade level served by the school of origin, the term school of origin shall include the designated receiving school at the next grade level for all feeder schools. Where the child is eligible to attend school in the school district of origin because the child becomes homeless after such child is eligible to apply, register, or enroll in the public preschool or kindergarten or the child is living with a school-age sibling who attends school in the school district of origin, the school of origin shall include any public school or preschool in which such child would have been entitled or eligible to attend based on such child’s last residence before the circumstances arose that caused such child to become homeless.
(2) Choice of district and school.
(i) The designator shall have the right to designate one of the following as the school district within which a homeless child shall be entitled to attend upon instruction:
- (a) the school district of current location;
- (b) the school district of origin; or
- (c) a school district participating in a regional placement plan.
(ii) The designator shall also have the right designate one of the following as the school where a homeless child seeks to attend for instruction:
- (a) the school of origin; or
- (b) any school that nonhomeless children and youth who live in the attendance area in which the child or youth is actually living are eligible to attend, including a preschool.
- (iii) Where the school district in which a homeless child is temporarily housed is the school district of origin, the child shall be entitled to attend the schools of such district without the payment of tuition for the duration of homelessness and until the end of the school year in which such child becomes permanently housed and for one additional year if that year constitutes the child’s terminal year in such building, subject to a best interest determination in accordance with subparagraph (4)(iii) of this subdivision. In lieu of attending the school serving the attendance zone in which the child is temporarily relocated, such child may choose to remain in the school building he or she previously attended for the duration of homeless and until the end of the school year in which the child becomes permanently housed and for one additional year if that year constitutes the child's terminal year in such building.
- (iv) A homeless child who designates the school district of current location as the district of attendance and who relocates to another temporary housing arrangement outside of such district, or to a different attendance zone or community school district within such district, shall be entitled to continue attendance in the same school building or designate any school that nonhomeless children and youth who live in the attendance area in which the child or youth is actually living are eligible to attend, including a preschool, subject to a best interest determination in accordance with subparagraph (4)(iii) of this subdivision, for the duration of homeless and until the end of the school year in which such child becomes permanently housed and for one additional year if that year constitutes the child’s terminal year in such building.
- (v) Where the school district of origin that a homeless child was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless is located in the State, and the homeless child’s temporary housing arrangement is located in a contiguous state, the homeless child shall be entitled to attend the school of origin or any school that nonhomeless children and youth who live in the attendance area in which the child or youth is actually living are eligible to attend, including a preschool, subject to a best interest determination in accordance with subparagraph (4)(iii) of this subdivision, for the duration of the homelessness and until the end of the school year in which such child becomes permanently housed and for one additional year if that year constitutes the child’s terminal year in such building.
- (vi) Where the child’s temporary housing arrangement is located in New York State, the homeless child shall be entitled to attend the school of origin or any school that nonhomeless children and youth who live in the attendance area in which the child or youth is actually living are eligible to attend, including preschool, subject to a best interest determination in accordance with subparagraph (4)(iii) of this subdivision, for the duration of the homelessness and until the end of the school year in which such child becomes permanently housed and for one additional year if that year constitutes the child’s terminal year in such building.
(vii) Prior to the end of the first semester of attendance or within 60 days of commencing attendance at a school pursuant to the designation made in accordance with this subdivision whichever occurs later, the designator may change the designation if the designator finds the original designation to be educationally unsound.
(3)
(i) A designation form provided by the commissioner shall be completed by the designator as defined in subparagraph (1)(i) of this subdivision. Such form shall be completed in full. All school districts, temporary housing facilities operated or approved by a local social services district, and residential facilities for runaway and homeless youth shall make such forms available to a homeless child who seeks admission to school or to the parent or person in parental relation who seeks to enroll such child in school and shall ensure that the completed designation forms are given to the local educational agency McKinney-Vento liaison for the local educational agency in which the designated school is located immediately, but no later than two business days from the earlier of the date on which the child or youth either:
- (a) sought enrollment in school; or
- (b) was placed in a temporary housing facility or residential facility for runaway and homeless youth.
- (ii) Where the homeless child is located in a temporary housing facility operated or approved by a local social services district or a residential facility for runaway and homeless youth, the director of the facility or a person designated by the social services districts, shall assist the designator to ensure that the form is properly completed and assist the child, where necessary, to enroll in the designated school and shall forward the completed designation form to the local educational agency McKinney-Vento liaison for the local educational agency in which the designated school is located immediately, but no later than two business days of entry into such facilities.
(4) Upon receipt of a designation form, the designated local educational agency shall immediately:
- (i) review the designation form to assure that it has been completed;
- (ii) admit the homeless child even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, records of immunization and/or other required health records, proof of residency or other documentation and/or even if the child has missed application or enrollment deadlines during any period of homelessness, if applicable. Provided that if a child or youth seeks enrollment in a charter school or preschool and the lottery application deadline for seats in such school or program has passed but the lottery has not yet been held, such child or youth should be entered into the lottery. If the lottery has been held, such child or youth should be placed on the school’s waitlist, if one exists, comparable to other students in the district and consistent with any applicable laws, regulations or policies. Provided further that nothing herein shall be construed to require the immediate attendance of an enrolled student lawfully excluded from school temporarily pursuant to Education Law section 906 because of a communicable or infectious disease that imposes a significant risk of infection of others;
(iii) determine whether the designation made by the designator is consistent with the best interests of the homeless child or youth. In determining a homeless child’s best interest, a local educational agency shall:
- (a) presume that keeping the homeless child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the request of the child’s parent or guardian, or in the case of an unaccompanied youth, the youth;
- (b) consider student-centered factors, including but not limited to factors related to the impact of mobility on achievement, education, the health and safety of the homeless child, giving priority to the request of the child’s or youth’s parent or guardian or the youth in the case of an unaccompanied youth;
- (c) if after considering student-centered factors and conducting a best interest school placement determination, the local educational agency determines that it is not in the homeless child’s best interest to attend the school of origin or the school designated by the designator, the local educational agency must provide a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth. The information must also include information regarding the right to a timely appeal in accordance with clause (7)(ii)(b) of this subdivision. The homeless child or youth must be enrolled in the school in which enrollment is sought by the designator during the pendency of all available appeals;
- (iv) provide the child with access to all of its programs, activities and services to the same extent as they are provided to resident students;
- (v) immediately contact the school district where the child's records are located for a copy of such records and coordinate the transmittal of records for students with disabilities consistent with section 200.4(e)(8)(iii) of this Title;
- (vi) if the child or youth needs to obtain immunizations or immunization or medical records, the school admitting such child or youth shall immediately refer the parent or guardian of the homeless child or youth to the local educational agency McKinney-Vento liaison designated under paragraph (7) of this subdivision who shall assist in obtaining necessary immunizations, screenings, or immunization or medical records in accordance with section 42 U.S.C. section 11432(g)(3)(C) and (D); Every Student Succeeds Act of 2015, 20 U.S.C. section 6399(2), (Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234); and
- (vii) forward a copy of the designation form to the school district of origin, where applicable;
- (viii) arrange for transportation pursuant to Education Law section 3209(4) and paragraph (6) of this subdivision; provided, however, that where the school of origin is a charter school, the school district designated pursuant to this section shall be deemed to be the school district of residence of such child for purposes of fiscal and programmatic responsibility under article 56 of the Education Law and shall be responsible for transportation of the homeless child if a social services district is not otherwise responsible; and
- (ix) arrange for free school meals pursuant to the Richard B. Russell National School Lunch Act, 42 U.S.C. section 1758(b).
- (5) Within five days of the receipt of a request for school records, the school district shall forward a complete copy of the homeless child's records including, but not limited to, proof of age, academic records, evaluations, immunization or medical records, and guardianship papers, if applicable.
(6) Transportation for any homeless child or youth shall be provided in accordance with this paragraph. Any homeless child not entitled to receive transportation pursuant to Education Law, section 3209(4) from a social services district shall be transported by the designated school district of attendance consistent with this paragraph.
- (i) The designated school district of attendance shall immediately provide or arrange in the most cost-effective manner for transportation to and from the child's temporary housing location and the school the child legally attends consistent with subparagraphs (ii) through (vi) of this paragraph.
- (ii) Where such transportation is in excess of 50 miles one way, such transportation shall only be provided where the commissioner certifies that such transportation is in the best interest of the child in accordance with subparagraph (4)(iii) of this subdivision to the extent applicable, on a form and timeline prescribed by the commissioner.
- (iii) Where a homeless child designates the school district of current location as the district the child will attend and such child does not attend the school of origin, such district shall provide transportation to such child on the same basis provided to resident students.
- (iv) Where a homeless child attends the school of origin, the designated school district of attendance shall provide transportation to and from the child's temporary housing location and the school the child legally attends for the duration of homelessness and through the end of the school year in which the child becomes permanently housed and one additional year if that year constitutes the child’s terminal year in the designated school.
- (v) Where the designated school district of attendance has recommended that the homeless child attend a summer educational program and the lack of transportation poses a barrier to such child’s participation in the summer educational program, the designated school district of attendance shall provide transportation.
(vi) The designated school district of attendance, or the social services district if such child is eligible for transportation from the social services district pursuant to Education Law, section 3209(4), shall provide or arrange for transportation to extracurricular or academic activities where:
- (a) the homeless child participates or would like to participate in an extracurricular or academic activity, including an after-school activity at the school;
- (b) the homeless child meets the relevant eligibility criteria for the activity; and
- (c) the lack of transportation poses a barrier to such child’s participation in the activity.
(vii) Expenditures for the transportation of a parent accompanying a transported homeless child shall be eligible for transportation aid pursuant to section 3602(7) of the Education Law under the following circumstances:
- (a) where the homeless child is being transported using public transportation, transportation of the child with an accompanying parent has been determined by the school district responsible for transporting the child to be the most cost-effective means of transportation, and the school district has determined that public transportation unaccompanied by the parent is inappropriate because of the child's age, the distance to be traveled, the complexity of the transportation arrangement, the need to transport the child through a high crime area, or a combination of such factors; or
- (b) where the homeless child is a student with a disability whose individualized education program (IEP) includes the services of a transportation aide or attendant, and providing transportation with the parent serving as the transportation aide or attendant for the child is the most cost-effective means of transportation; or
- (c) where transportation by the parent in the parent’s vehicle is the most cost-effective means of transportation.
- (viii) For purposes of determining the maximum amount of aidable transportation expense of regular transportation for a homeless child pursuant to section 3209(4)(c) of the Education Law, the transportation service provider or school district shall demonstrate that the costs of such transportation are based on an appropriate unit cost determined by dividing the grand total of transportation expenditures for the preceding school year of all regular transportation services provided to students of the district by the service provider or school district by the number of vehicles, passengers, miles traveled or other appropriate transportation service units represented by all such transportation services. For purposes of determining the maximum amount of aidable transportation expense of transportation pursuant to section 3209(4)(c) of the Education Law for a homeless child who attends a preschool as defined under subparagraph (1)(iv) of this subdivision that is the school of origin, the transportation service provider or school district shall demonstrate that the costs of such transportation are based on an appropriate unit cost not otherwise reimbursed under Federal programs.
(7) School district responsibilities.
(i) Enrollment. Each school district shall:
- (a) ensure that homeless children and youth are not segregated in a separate school, or in a separate program within a school, based on their status as homeless;
- (b) designate and train an employee, who may also be the local educational agency McKinney-Vento liaison, who will be responsible for making best interest determinations in accordance with the requirements of subparagraph (4)(iii) of this subdivision;
- (c) ensure that a student with a disability as defined in section 200.1(zz) of this Title, who transfers school districts within the same academic year, is provided with a free appropriate public education, including services comparable to those described in the previously held individualized education program (IEP) pursuant to section 200.4(e)(8) of this Title;
- (d) ensure that homeless children are provided with services comparable to services offered to other students in the district of attendance designated pursuant to this subdivision including preschool and other educational programs or services for which a homeless student meets the eligibility criteria, such as programs for students with disabilities, English language learner services, after-school programs, school nutrition programs and transportation, career and technical education, and programs for gifted and talented students, and to the extent such child or youth is eligible, services provided under Title I of the Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act of 2015, (20 U.S.C 6301 et seq.; Public Law 114-95, title ix, section 9302, 129 STAT. 1802.);
- (e) immediately contact the school last attended by the homeless child or youth to obtain relevant academic and other records.
(ii) Dispute resolution. Each school district shall:
- (a) establish procedures, in accordance with 42 U.S.C. section 11432(g)(3)(E), for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth (Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq.; Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234), including, but not limited to, disputes regarding transportation and/or a child's or youth's status as a homeless child or unaccompanied youth;
- (b) provide a written explanation, including a statement regarding the right to appeal pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii), the name, post office address and telephone number of the local educational agency McKinney-Vento liaison and the form petition for commencing an appeal to the commissioner pursuant to Education Law, section 310 of a final determination regarding enrollment, school selection and/or transportation, to the homeless child's or youth's parent or guardian, if the school district declines to either enroll and/or transport such child or youth to the school of origin or a school requested by the parent or guardian (Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq.; Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234); and
- (c) immediately enroll the child or youth in the school in which enrollment is sought and/or provide transportation pending final resolution of the dispute over the school district’s final determination of the child’s or youth’s homeless status and all available appeals, including appeals within the local educational agency and the commissioner pursuant to the provisions of Education Law section 310.
(iii) Local educational agency McKinney-Vento liaison. Each school district shall:
(a) designate an appropriate staff person, who may also be a coordinator for other Federal programs, as a local educational agency McKinney-Vento liaison for homeless children and youth to carry out the duties described in 42 U.S.C. section 11432(g)(6) (Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq.; Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234). Such duties shall include but not be limited to:
- (1) ensuring that school personnel providing services under the McKinney-Vento Act receive professional learning and other support;
- (2) ensuring that homeless children and youths are identified by school personnel through outreach and coordination activities and that homeless families;
- (3) ensuring that homeless children and youths and their families receive referrals for health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services;
- (4) ensuring that homeless children and youth are enrolled in, and have full and equal opportunity to succeed in, the school or schools of the local educational agency;
- (5) ensuring that homeless families and homeless children and youths have access to and receive educational services for which such families, children and youths are eligible, including services through head start programs (including early head start programs), early intervention services under part C of the IDEA, and other preschool programs administered by the local educational agency;
- (6) ensuring that enrollment disputes are mediated in accordance with the requirements of the McKinney-Vento Act, including where if a dispute arises over eligibility, school selection, or enrollment in a school, the child shall be enrolled;
- (7) ensuring that parents and guardians and unaccompanied youths are fully informed of all transportation services, including transportation to and from the school of origin and are assisted in assessing transportation services;
- (8) ensuring that public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such youth, and unaccompanied homeless youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form that is understandable;
- (9) assisting the parent or guardian of the child or youth (or in the case of an unaccompanied youth) the youth with obtaining any necessary immunizations or screenings, or immunization or other required health records;
- (10) in the case of unaccompanied youth, ensuring that such youths are enrolled, have opportunities to meet the same challenging State academic standards as the State establishes for other children and youths and are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. section 1087[vv]) and their right to receive verification of this status from the local educational agency McKinney-Vento liaison; and
- (11) ensuring that the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children.
- (b) in the case of an unaccompanied youth, ensure that the local educational agency McKinney-Vento liaison assists in placement or enrollment decisions under this paragraph, including coordination with the committee on special education for students with disabilities pursuant to section 200.4 of this Title, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii) (Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq.; Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234) and provides the form petition for commencing an appeal to the commissioner pursuant to Education Law, section 310 of a final determination regarding enrollment, school selection and/or transportation;
(c) require the local educational agency McKinney-Vento liaison to assist the homeless child's or youth's parent or guardian or the unaccompanied youth in commencing an appeal to the commissioner pursuant to Education Law, section 310 of a final determination regarding eligibility, enrollment, school selection and/or transportation by:
- (1) providing the parent or guardian or unaccompanied youth with the form petition;
- (2) assisting the parent or guardian or unaccompanied youth in completing the form petition;
- (3) arranging for the copying of the form petition and supporting documents for the parent or guardian or unaccompanied youth, without cost to the parent or guardian or unaccompanied youth;
- (4) accepting service of the form petition and supporting papers on behalf of any school district employee or officer named as a party or the school district if it is named as a party or arranging for service by mail by mailing the form petition and supporting documents to any school district employee or officer named as a party and, if the school district is named as a party, to a person in the office of superintendent who has been designated by the board of education to accept service on behalf the school district;
- (5) providing the parent or guardian or unaccompanied youth with a signed and dated acknowledgment verifying that the local educational agency liaison has received the form petition and supporting documents and will either accept service of these documents on behalf of the school district employee or officer or school district or effect service by mail by mailing the form petition and supporting documents to any school district employee or officer named as a party and, if the school district is named as a party, to a person in the office of superintendent who has been designated by the board of education to accept service on behalf of the school district;
- (6) transmitting on behalf of the parent or guardian or unaccompanied youth, within five days after the service of, the form petition or any pleading or paper to the Office of Counsel, Education Department, State Education Building, Albany, NY 12234;
- (7) providing the parent or guardian or unaccompanied youth with a signed and dated acknowledgement verifying that the local educational agency liaison has received the form petition and supporting documents and will transmit these documents on behalf of the parent, guardian or unaccompanied youth to the Office of Counsel, Education Department, State Education Building, Albany, NY 12234; and
- (8) accepting service of any subsequent pleadings or papers, including any correspondence related to the appeal, if the parent or guardian or unaccompanied youth so elects related to the appeal on behalf of the parent or guardian or unaccompanied youth and making such correspondence available to the parent or guardian or unaccompanied youth;
- (d) ensure that the local educational agency liaison maintains a record of all appeals of enrollment, school selection and transportation determinations; and
- (e) inform school personnel, service providers, advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths of the duties of the local educational agency McKinney-Vento liaison.
(iv) Coordination. Each school district shall coordinate:
- (a) the provision of services provided pursuant to subtitle B of title VII of the McKinney-Vento Homeless Education Improvement Assistance Act, as amended, (42 U.S.C. sections 11431 et seq.) with local social services agencies and other agencies or programs providing services to homeless children and youths and their families, including services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. sections 5701 et seq.);
- (b) with other school districts on interdistrict issues, such as transportation or transfer of school records; and
- (c) implementation of this subdivision with the requirements of the individuals with Disabilities Education Act (20 U.S.C. sections 1400 et seq.).
- (v) Reporting. Each school district shall collect and transmit to the commissioner, at such time and in such manner as the commissioner may require, a report containing such information as the commissioner determines is necessary to assess the educational needs of homeless children and youths within the State.
(vi) Privacy. Information about a homeless child’s or youth’s living situation shall be treated as a student education record, and shall not be deemed to be directory information, under section 444 of the General Education Provisions Act (20 U.S.C. section 1232g; Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq.; Public Law 114-95, title ix, section 9302, 129 STAT. 1802).
(y) Determination of student residency and age.
- (1) The purpose of this subdivision is to establish requirements for determinations by a board of education or its designee of student residency and age, for purposes of eligibility to attend the public schools in the school district without the payment of tuition pursuant to Education Law section 3202, in order to ensure that all eligible students are admitted to such schools without undue delay; provided that nothing in this subdivision shall be construed to change or shift the burden of proof of the parent(s), the person(s) in parental relation or the child, as appropriate, to establish residency through physical presence as an inhabitant of the school district and intent to reside in the district.
- (2) Each school district shall make publicly available its enrollment forms, procedures, instructions and requirements for determinations of student residency and age in accordance with this subdivision. Such publicly available information shall include a non-exhaustive list of the forms of documentation that may be submitted to the district by parents, persons in parental relation or children, as appropriate, in accordance with the provisions of this subdivision. Such list shall include but not be limited to all examples of documentation listed in this subdivision. No later than January 31, 2015, such information shall be included in the district’s existing enrollment/registration materials and shall be provided to all parents, persons in parental relation or children, as appropriate, who request enrollment in the district, and shall be posted on the school district’s website, if one exists. As soon as practicable but no later than July 1, 2015, the school district shall update such information and the district's existing enrollment/registration materials as necessary to come into compliance with the provisions of this subdivision; and provide such updated information and materials to all parents, persons in parental relation or children, as appropriate, who request enrollment in the district; and post such updated information and materials on the district's website, if one exists.
(3) When a child’s parent(s), the person(s) in parental relation to the child or the child, as appropriate, requests enrollment of the child in the school district, such child shall be enrolled and shall begin attendance on the next school day, or as soon as practicable, provided that nothing herein shall require the district to enroll such child if a determination of non-residency is made, in accordance with this subdivision, on the date of such request for enrollment. As soon as practicable but no later than three business days after such initial enrollment, the parent(s), the person(s) in parental relation to the child or the child, as appropriate, shall submit documentation and/or information in support of the child's residency in the district and the board of education or its designee shall review all such documentation and/or information and make a residency determination in accordance with subparagraphs (i) and (ii) of this paragraph; provided that if such documentation and/or information is submitted on the third business day after initial enrollment, the board of education or its designee in its discretion may make the residency determination no later than the fourth business day after initial enrollment.
(i) Documentation regarding enrollment and/or residency.
(a) The school district shall not request on any enrollment/registration form(s) or in any meeting or other form of communication any of the following documentation and/or information at the time of and/or as a condition of enrollment:
- (1) Social Security card or number; or
- (2) any information regarding or which would tend to reveal the immigration status of the child, the child’s parent(s) or the person(s) in parental relation, including but not limited to copies of or information concerning visas or other documentation indicating immigration status.
(b) The board of education or its designee may require that the parent(s) or person(s) in "parental relation submit documentation and/or information as evidence of the physical presence of the parent(s) or person(s) in parental relation and the child in the district. Such documentation may include:
- (1) a copy of a residential lease or proof of ownership of a house or condominium, such as a deed or mortgage statement;
- (2) a statement by a third-party landlord. owner or tenant from whom the parent(s) or person(s) in parental relation leases or with whom they share property within the district, which may be either sworn or unsworn;
- (3) such other statement by a third party relating to the parent(s)' or person(s) in parental relation's physical presence in the district; and/or
- (4) other forms of documentation and/or information establishing physical presence in the district, which may include but not be limited to those listed in clause (d) of this subparagraph.
(c) For purposes of proof of parental relationship or proof that the child resides with the parent(s) or person(s) in parental relation, the board of education or its designee may accept an affidavit of the parent(s) or person(s) in parental relation indicating either:
- (1) that they are the parent(s) with whom the child lawfully resides; or
- (2) that they are the person(s) in parental relation to the child, over whom they have total and permanent custody and control, and describing how they obtained total and permanent custody and control, whether through guardianship or otherwise.
- (c) The board of education or its designee may also accept other proof. such as documentation indicating that the child resides with a sponsor with whom the child has been placed by a Federal agency. The board of education or its designee may not require submission of a judicial custody order or an order of guardianship as a condition of enrollment.
(d) The board of education or its designee shall consider other forms of documentation produced by the child, the child's parent(s) or person(s) in parental relation, including but not limited to the following:
- (1) pay stub;
- (2) income tax form;
- (3) utility or other bills;
- (4) membership documents (e.g., library cards) based upon residency;
- (5) voter registration document(s);
- (6) official driver's license, learner's permit or non-driver identification;
- (7) State or other government issued identification;
- (8) documents issued by Federal, State or local agencies (e.g., local social service agency, Federal Office of Refugee Resettlement); or
- (9) evidence of custody of the child, including but not limited to judicial custody orders or guardianship papers.
(ii) Documentation of age. In accordance with Education Law section 3218:
- (a) where a certified transcript of a birth certificate or record of baptism (including a certified transcript of a foreign birth certificate or record of baptism) giving the date of birth is available, no other form of evidence may be used to determine a child's age;
- (b) where the documentation listed in clause (a) of this subparagraph is not available, a passport (including a foreign passport) may be used to determine a child's age; and
(c) where the documentation listed in both clauses (a) and (b) of this subparagraph are not available, the board of education or its designee may consider certain other documentary or recorded evidence in existence two years or more, except an affidavit of age, to determine a child's age. Such other evidence may include but not be limited to the following:
- (1) official driver's license;
- (2) State or other government issued identification;
- (3) school photo identification with date of birth;
- (4) consulate identification card;
- (5) hospital or health records;
- (6) military dependent identification card;
- (7) documents issued by Federal State or local agencies (e.g., local social service agency, Federal Office of Refugee Resettlement);
- (8) court orders or other court-issued documents;
- (9) Native American tribal document; or
- (10) records from non-profit international aid agencies and voluntary agencies.
(d) With respect to the documentation listed in clause (c) of this subparagraph, if the documentary evidence presented originates from a foreign country, the board of education or its designee may request verification of such documentary evidence from the appropriate foreign government or agency, consistent with the requirements of the Federal Family Educational Rights and Privacy Act (20 USC section 1232g), provided that the student must be enrolled in accordance with paragraph (2) of this subdivision and such enrollment cannot be delayed beyond the period specified in paragraph (2) of this subdivision while the board of education or its designee attempts to obtain such verification.
(iii)
- (a) School districts are required to comply with Public Health Law section 2164(7) and all other applicable provisions of the Public Health Law and its implementing regulations, including orders issued by a State or local health department pursuant to such laws or regulations, that impact a student's admission to or attendance in school. Nothing in this subdivision shall be construed to require the immediate attendance of an enrolled student lawfully excluded from school temporarily pursuant to Education Law section 906 because of a communicable or infectious disease that imposes a significant risk of infection of others, or an enrolled student whose parent(s) or person(s) in parental relation have not submitted proof of immunization within the periods prescribed in Public Health Law section 2164(7)(a).
- (b) Nothing in this subdivision shall be construed to require the immediate attendance of an enrolled student who is suspended from instruction for disciplinary reasons pursuant to Education Law section 3214.
- (c) Nothing in this subdivision shall be construed to interfere with the recordkeeping and reporting requirements imposed on school districts participating in the Federal Student and Exchange Visitor Program (SEVP) in grades 9-12 pursuant to applicable Federal laws and regulations concerning nonimmigrant alien students who identify themselves as having or seeking nonimmigrant student visa status (F-1 or M-1 ), and nothing herein shall be construed to conflict with such requirements or to relieve such nonimmigrant alien students who have or seek an F-1 or M-1 visa from fulfilling their obligations under Federal law and regulations related to enrolling in grades 9-12 in SEVP schools.
- (4) At any time during the school year and notwithstanding any prior determination to the contrary at the time of the child's initial enrollment or re-entry into the public schools of the district, the board of education or its designee may determine, in accordance with paragraph (6) of this subdivision, that a child is not a district resident entitled to attend the schools of the district.
- (5) Determinations regarding whether a child is entitled to attend a district's schools as a homeless child or youth must be made in accordance with subdivision (x) of this section.
(6) Any decision by a school official, other than the board or its designee, that a child is not entitled to attend the schools of the district shall include notification of the procedures to obtain review of the decision within the school district. Prior to making a determination of entitlement to attend the schools of the district, the board or its designee shall afford the child's parent, the person in parental relation to the child or the child, as appropriate, the opportunity to submit information concerning the child's right to attend school in the district. When the board of education or its designee determines that a child is not entitled to attend the schools of such district because such child is not a resident of such district, such board or its designee shall, within two business days, provide written notice of its determination to the child's parent, to the person in parental relation to the child, or to the child, as appropriate. Such written notice shall state:
- (i) that the child is not entitled to attend the public schools of the district;
- (ii) the specific basis for the determination that the child is not a resident of the school district, including but not limited to a description of the documentary or other evidence upon which such determination is based;
- (iii) the date as of which the child will be excluded from the schools of the district; and
(iv) that the determination of the board may be appealed to the Commissioner of Education, in accordance with Education Law, section 310, within 30 days of the date of the determination, and that the instructions, forms and procedure for taking such an appeal, including translated versions of such instructions, forms and procedures, may be obtained from the Office of Counsel at www.counsel.nysed.gov, or by mail addressed to the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234 or by calling the Appeals Coordinator at (518) 474-8927.
(z) Department review of unregistered nonpublic schools.
- (1) A nonpublic school, other than a registered high school, shall be placed under department review when the school scores below one (or more) of the review criteria on indicators of student achievement specified in paragraph (7) of subdivision (p) of this section, has not shown improvement on such indicators over the preceding three school years, and has not otherwise demonstrated satisfactory performance on other student achievement indicators determined by the commissioner in consultation with the appropriate nonpublic school officials. The department shall notify each nonpublic school placed under department review and inform such school of the student achievement data upon which the determination was made.
- (2) When a nonpublic school is notified by the department that it has been placed under department review, it shall so notify the parents of students attending the school and provide them with the student achievement data upon which that determination was made.
- (3) The school shall be required to develop a school improvement plan and submit it to the department. Upon identification of a nonpublic school for department review, the commissioner shall offer technical assistance to the school in the development of a school improvement plan.
- (4) If, after a time period established by the commissioner in consultation with the appropriate nonpublic school officials, the school under department review has not demonstrated progress on the criteria in question, the commissioner shall formally notify the appropriate nonpublic school officials that the school is at risk of being determined to be an unsound educational environment.
(5) If, after a further time period established by the commissioner in consultation with appropriate nonpublic school officials, the school under department review has not demonstrated progress as determined by the commissioner, the commissioner shall determine that the school is an unsound educational environment. The commissioner, in consultation with the appropriate officials of the nonpublic school, shall develop a plan to ensure that the educational welfare of the students is protected.
(aa) Interpretation services for parents and persons in parental relationship who are hearing impaired.
(1) Definitions. For purposes of this subdivision:
- (i) Hearing impaired shall include any hearing impairment, whether permanent or fluctuating, the result of which prevents a meaningful participation in school district meetings or activities.
- (ii) Meeting or activity shall mean those school-initiated meetings or activities attended by parents or persons in parental relationship who are hearing impaired, which are specific to the academic and/or disciplinary aspects of their child's educational program, including, but not limited to, parent-teacher conferences; child study or building level team meetings; planning meetings with school counselors regarding educational progress and career planning; suspension hearings or any conference with school officials relating to disciplinary actions.
(2) School district meetings and activities. At any meeting or activity which is conducted by the board of education, trustees, school district or a district school and attended by parents or persons in parental relationship who are hearing impaired, such board of education or trustees shall provide interpreter services at no charge to such parents or persons in parental relationship, provided that a written request therefore is made to the school district within the time limitation established by such board of education or trustees pursuant to paragraph (3) of this subdivision.
- (i) In the event interpreter services are requested, the school district shall appoint an interpreter of the deaf to interpret during the meeting or activity.
- (ii) In the event that an interpreter of the deaf is unavailable, the school district shall make other reasonable accommodations which are satisfactory to the parents or guardians.
(3) Each board of education or trustees shall adopt a policy which shall establish a reasonable time limitation for requesting interpreter services, examples of what constitutes reasonable accommodations pursuant to subparagraph (2)(ii) of this subdivision and how the provisions of this subdivision shall be implemented by such board of education or trustees.
(bb) Data reporting requirements.
(1) Definitions. For purposes of this subdivision:
(i) Expenditures for administration and improvement shall mean the sum of expenditures from the general fund, special aid fund and risk retention fund as reported in the annual financial report of the school district for the following purposes:
- (a) curriculum development and supervision;
- (b) supervision-regular school;
- (c) supervision-special schools;
- (d) research, planning and evaluation;
- (e) inservice training-instruction; and
- (f) employee benefits for administration and improvement calculated by multiplying the ratio of total expenditures for employee benefits to total expenditures for salaries by total salaries related to administration and improvement for those purposes listed in clauses (a)-(e) of this subparagraph. Such ratio shall be expressed as a decimal carried to three decimal places without rounding.
(ii) Expenditures for instructional support shall mean the sum of expenditures from the general fund, special aid fund and risk retention fund as reported in the annual financial report of the school district for the following purposes:
- (a) school library and audiovisual;
- (b) educational television;
- (c) computer assisted instruction;
- (d) attendance-regular school;
- (e) guidance-regular school;
- (f) health services-regular school;
- (g) psychological services-regular school;
- (h) social work services-regular school;
- (i) pupil personnel services-special schools;
- (j) co-curricular activities-regular school;
- (k) interscholastic athletics-regular school; and
- (l) employee benefits for instructional support expenses calculated by multiplying the ratio of total expenditures for employee benefits to total expenditures for salaries by total salaries related to instructional support for those purposes listed in clauses (a)-(k) of this subparagraph. Such ratio shall be expressed as a decimal carried three decimal places without rounding.
(iii) Expenditures per pupil on regular education shall mean the sum of all expenditures on regular education divided by a pupil measure based on average daily membership and the number of students educated in other districts for which the district pays tuition. The sum of regular education expenditures shall include general fund, special aid fund and risk retention expenses reported in the annual financial report of the school district for the following purposes:
- (a) teaching-regular school (excluding tuition for Special Act school districts);
- (b) occupational education (excluding tuition for Special Act school districts);
- (c) teaching-special schools (defined as summer school and continuing education [excluding tuition for Special Act school districts]);
- (d) employee benefits for regular education calculated by multiplying the ratio of total expenditures for employee benefits to total expenditures for salaries, by total salaries related to regular education for those purposes listed in clauses (a), (b) and (c) of this subparagraph. Such ratio shall be expressed as a decimal carried to three decimal places without rounding;
- (e) the portion of administration and improvement expenses, as defined in subparagraph (i) of this paragraph, attributable to regular education, as determined by multiplying total expenditures for administration and improvement by the ratio of regular education expenditures for those purposes listed in clauses (a), (b), (c) and (d) of this subparagraph to the sum of such regular education expenditures and special education expenditures for those purposes listed in clauses (iv)(a)-(e) of this paragraph. Such ratio shall be expressed as a decimal carried to three decimal places without rounding; and
- (f) the portion of instructional support expenses, as defined in subparagraph (ii) of this paragraph, attributable to regular education, as determined by multiplying total expenditures for instructional support by the ratio of regular education expenditures for those purposes listed in clauses (a), (b), (c) and (d) of this subparagraph to the sum of such regular education expenditures and special education expenditures for those purposes listed in clauses (iv)(a)-(e) of this paragraph. Such ratio shall be expressed as a decimal carried to three decimal places without rounding.
(iv) Expenditures per pupil on special education shall mean the sum of expenditures on special education divided by a pupil measure based on the number of special education resident and nonresident pupils in district operated programs, BOCES programs, children attending other districts, Rome or Batavia and approved private school programs. The sum of expenditures for special education shall include general fund, special aid fund and risk retention fund expenses reported in the annual financial report of the school district for the following purposes:
- (a) program for students with disabilities-school age-school year-Medicaid eligible;
- (b) program for students with disabilities-school age-school year-all other;
- (c) program for students with disabilities-school age-July/August;
- (d) tuition paid to Special Act school districts;
- (e) employee benefits for special education calculated by multiplying the ratio of total expenditures for employee benefits to total expenditures for salaries, by total salaries related to special education for those purposes listed in clauses (a)-(d) of this subparagraph. Such ratio shall be expressed as a decimal carried to three places without rounding;
- (f) the portion of administrative and improvement expenses, as defined in subparagraph (i) of this paragraph, attributable to special education as determined by multiplying total expenditures for administration and improvement by the ratio of special education expenditures for those purposes listed in clauses (a)-(e) of this subparagraph to the sum of such special education expenditures and regular education expenditures for those purposes listed in clauses (iii)(a)-(d) of this paragraph. Such ratio shall be expressed as a decimal carried to three places without rounding; and
- (g) the portion of instructional support expenses as defined in subparagraph (ii) of this paragraph, attributable to special education as determined by multiplying total expenditures for instructional support by the ratio of special education expenditures for those purposes listed in clauses (a)-(e) of this subparagraph to the sum of such special education expenditures and regular education expenditures for those purposes listed in clauses (iii)(a)-(d) of this paragraph.
(2) Each school district shall submit, at a time and in a format specified by the commissioner, electronic records for each student who was 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 and who meets one or more of the criteria listed in subparagraph (ii), (iii) or (iv) of this paragraph.
- (i) The student records shall contain such information, including student demographic data, services provided, performance on State assessments, credentials awarded, and documentation of transfers and dropouts for secondary level students, as the commissioner may require.
(ii) The annual file for elementary- and middle-level students shall contain records for the following students who were enrolled at any time from July 1st through June 30th of the school year for which data are reported:
- (a) each student in a grade in which the administration of a State assessment was required;
- (b) each ungraded student of equivalent age, as prescribed by the commissioner; and
- (c) each limited English proficient student in kindergarten through grade 8.
(iii) The annual file for secondary-level students shall contain a record for each student enrolled any time from July 1st through June 30th of the school year for which data are reported who meets one of the following criteria:
- (a) each student in grades 9 through 12;
- (b) each ungraded student of equivalent age, as prescribed by the commissioner; and
- (c) each student below grade 9 who dropped out of school, as prescribed by the commissioner, or who was administered one of the following assessments: a Regents examination, Regents competency test, second language proficiency test, or introduction to occupations examination.
- (iv) The annual file for secondary-level students shall contain a record for each student who has been reported as a dropout or a transfer to a high school equivalency preparation program in a previous school year. These students must be reported on each annual file through the fifth school year after the student first entered grade 9 or until the district or school has documentation that the student has entered another school program leading to a high school diploma.
- (v) Identification of race/ethnicity. Each student record submitted for the 2002-03 and 2003-04 school years must indicate to which of the following racial/ethnic groups the student belongs: American Indian or Alaskan Native, Black (not Hispanic origin), Asian or Pacific Islander, Hispanic, or White (not Hispanic origin). Beginning with the 2004-05 school year, each student record must contain information in the format required by the commissioner and indicating whether the student is Hispanic and indicating to which of the following racial groups the student belongs: White, Black or African American, Asian, American Indian or Alaskan Native, Native Hawaiian or other Pacific Islander.
- (vi) Before submitting each file, the superintendent of schools shall certify that the file being submitted is complete and accurate and that the principal of each school has had the opportunity to review the summary report for his or her school, based on the file and generated using department-approved software.
- (vii) The district files on record in the department on the dates specified by the commissioner shall be used for all public reporting, including that pursuant to subdivision (m) of this section and for determining school/district accountability pursuant to subdivision (p) of this section.
- (viii) The student record files shall include any additional information that the commissioner may deem necessary.
(3) Each school district shall submit the following data at a time and in a format prescribed by the commissioner:
- (i) student enrollment, by grade, gender, and race/ethnicity for each school;
- (ii) number of students identified as limited English proficient for each school;
- (iii) number of students identified as eligible for free- and reduced-price lunches for each school;
- (iv) professional qualifications of each teacher for each school;
- (v) classes taught by each teacher for each school;
- (vi) violent and disruptive incidents for each school;
- (vii) student attendance for each school;
- (viii) student out-of-school suspensions for each school;
- (ix) data on technological and media resources for each school;
- (x) data required by the commissioner to calculate expenditures per pupil on regular education;
- (xi) data required by the commissioner to calculate expenditures per pupil on special education;
- (xii) number of students in special education by placement, including both private and public school placements; and
- (xiii) such further data as may be required by the commissioner.
(4) Each school district seeking funding pursuant to title I, part A of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. sections 6301-6327 shall, no later than August 1st of each school year, submit to the commissioner a list of all schools supported by such funds in the current school year. Such data submitted in the format prescribed by the commissioner shall be used to determine school district accountability pursuant to subdivision (p) of this section.
(cc) Boards of cooperative educational services (BOCES) report cards.
BOCES reporting requirements. Each year, beginning with the 1997-98 school year, each BOCES shall prepare a BOCES report card and shall make it available by appending it to copies of the proposed administrative budget made publicly available as required by law, making it available for distribution at the annual meeting, transmitting it to local newspapers of general circulation and making it available to parents. Such BOCES report card shall include:
(1) Measures of the academic performance of the BOCES educational services. Each year, the BOCES report card shall include, on a school-by-school or program-by-program basis, the academic performance indicators applicable for BOCES services. Such academic performance indicators shall include a program evaluation based on academic performance for services provided by BOCES centers to component school districts. The program evaluation shall include:
- (i) measures of program participation, completion and placement, as applicable, in areas including, but not limited to, occupational education, special education, alternative education, and adult education and continuing education;
- (ii) the aggregated performance of students of component school districts on State performance evaluation tests in reading, mathematics, science and vocational courses, and Regents examinations in English, mathematics, science and social studies;
- (iii) the percentage of students in the BOCES region who graduate with Regents and other diplomas; and
- (iv) the comparison of such measures of academic performance to statewide averages for all boards of cooperative educational services.
- (2) Measures of the fiscal performance of the supervisory district. Each year, the BOCES report card shall include the expenditures per pupil required in the annual report by the Regents to the Governor and the Legislature, pursuant to Education Law, section 215-a, including a summary of BOCES expenditures for administration, program and capital. The BOCES report card shall compare such measures of the fiscal performance to statewide averages for all boards of cooperative educational services.
- (3) Other measures that support the achievement of higher standards, such as curriculum and staff development activities. The BOCES report card shall compare such measures to statewide averages for all BOCES.
(4) Violent or disruptive incident report. Commencing with the 2002-2003 school year, the BOCES report card shall include a summary of the BOCES' annual violent or disruptive incident report, also known as the "school safety and educational climate report" as required pursuant to subdivision (gg) of this section, in a format containing such information as the commissioner shall prescribe.
(dd) Professional learning.
For purposes of this subdivision, professional learning includes, but is not limited to, any continuing education required under Subpart 80-6 of this Title and any other professional learning required pursuant to the Education Law.
(1) Requirement.
- (i) By September 1st of each school year, each school district and board of cooperative educational services (BOCES) shall adopt or, in the case of multi-year plans, readopt a professional learning plan that meets the content requirements prescribed in paragraph (2) of this subdivision. The purpose of the plan shall be to improve the quality of teaching and learning by ensuring that when teachers and leaders (holders of school building leader, school district leader, and school district business leader certificates) participate in professional learning, they have opportunities for professional growth, remain current with their profession and meet the learning needs of their students. The plan shall also ensure that holders of level III teaching assistant certificates and that substitute teachers who work on a long-term basis, as defined in section 80-5.4 of this Title, are provided the opportunity to participate in the professional learning program of the district or BOCES.
- (ii) Such professional learning plan may be a part of a comprehensive education plan of the district or BOCES, provided that the professional learning plan meets all of the requirements of this subdivision, including the requirements related to collaboration with the professional learning team in the development of the plan as prescribed in paragraph (3) of this subdivision, or may be a free-standing plan of the district or BOCES.
- (iii) A school district or BOCES shall include as part of its professional learning plan a description of the professional learning activities provided to all professional staff and supplementary school personnel who work with students with exceptional learning needs, particularly students with disabilities, English language learners, students who are gifted and talented, and students with low literacy levels, to enable them to identify such students and provide instruction based on the needs of such students.
(2) Content of the plan. The professional learning plan shall be structured in a format consistent with commissioner's guidelines and shall include:
- (i) a needs analysis, and goals, objectives, strategies, activities and evaluation standards for professional learning. Such needs analysis should include quantitative and qualitative information regarding teacher and leader practice and student outcomes and may be conducted at the building, district, and/or BOCES level;
(ii) a description of:
- (a) how the school district or BOCES provides all teachers and leaders it employs substantial professional learning opportunities tailored to the needs of educators that are directly related to student learning outcomes as identified in the school district or BOCES report card and other sources as determined by the school district or BOCES. The plan shall also describe how professional learning related to educator practice and curriculum development are culturally responsive and reflect the needs of the community that the school district or BOCES serves. Additionally, each school district or BOCES shall also describe in its plan how it will provide teachers and leaders it employs holding a professional certificate and/or level III teaching assistant certificate with opportunities to complete 100 hours of continuing teacher and leader education (CTLE), as required every five years under Part 80 of this Title;
- (b) teachers', leaders’, and other school personnel’s expected participation in professional learning, including but not limited to an estimate of the average number of hours each teacher and leader is expected to participate in professional learning in the school year(s) covered by the plan. Such description should include expected participation in CTLE as well as other professional learning opportunities provided by the school district or BOCES;
- (c) the alignment of professional learning with New York teaching, leadership, and learning standards, assessments, student needs, adult learning theory, and current research in education including but not limited to linguistic, cultural diversity and special needs, and culturally appropriate and responsive practice;
- (d) the articulation of professional learning across grade levels;
- (e) the efforts made to ensure that professional learning is continuous and sustained and that the methods and approaches for delivering professional learning have been shown to be effective and appropriate for adult learners;
- (f) the manner in which the school district or BOCES will measure the impact of professional learning on student achievement and teachers' and leaders’ practices; and
- (g) a description of any other opportunities the school district or BOCES provides to its educators to support their professional growth (e.g., coaching, induction, professional learning communities); and
- (iii) provision for the training, where applicable, in school violence prevention and intervention, child abuse recognition, the needs of children with autism, and the Dignity for All Students Act (DASA) of employees holding a teaching certificate or license in the classroom teaching service, pupil personnel school service, or educational leadership service; and
(iv) provision for a mentoring program consistent with the following requirements:
- (a) The purpose of the mentoring program shall be to provide support for educators who hold an initial certificate in the classroom teaching service or as a school building leader in order to ease the transition from teacher and school building leader preparation to practice, thereby increasing retention of teachers and school building leaders in the public schools, and to increase the skills of new teachers and school building leaders in order to improve student achievement in accordance with the State learning standards. Districts/BOCES should consider evidence-based mentoring practices and standards that have been shown to improve the retention and early career effectiveness of educators, as well as the role of first-year mentoring as one component of a more comprehensive induction model that provides differentiated supports to educators during their early careers.
- (b) The professional learning plan shall describe how the school district or BOCES will provide a mentoring program for teachers in the classroom teaching service and school building leaders who must participate in a mentoring program to meet the requirement for the professional certificate, as prescribed in sections 80-3.4 and 80-3.10 of this Title.
- (c) The mentoring program shall be developed and implemented consistent with any collective bargaining obligation required by article 14 of the Civil Service Law, provided that nothing herein shall be construed to impose a collective bargaining obligation that is not required by article 14 of the Civil Service Law.
- (d) The information obtained by a mentor through interaction with the new teacher or school building leader while engaged in the mentoring activities of the program shall not be used for evaluating or disciplining the new teacher or school building leader, unless withholding such information poses a danger to the life, health, or safety if an individual, including but not limited to students and staff of the school; or unless such information indicates that the new teacher or school building leader has been convicted of a crime, or has committed an act which raises a reasonable question as to the new teacher's or school building leader’s moral character; or unless the school district or BOCES has entered into an agreement, negotiated pursuant to article 14 of the Civil Service Law whose terms are in effect, that provides that the information obtained by the mentor through intervention with the new teacher or school building leader while engaged in the mentoring activities of the program may be used for evaluating or disciplining the new teacher or school building leader.
(e) The professional learning plan shall describe the following elements of the mentoring program:
- (1) the procedure for selecting mentors, which shall be published and made available to staff of the school district or BOCES and upon request to members of the public;
- (2) the role of the school building leader and/or district administrator(s) in supporting effective mentoring practices;
- (3) the role of mentors, which shall include but not be limited to providing guidance and support to the new teacher or school building leader;
- (4) the preparation of mentors, which may include but shall not be limited to the study of the theory of adult learning, the theory of teacher or school building leader development, the elements of a mentoring relationship, peer coaching techniques, and time management methodology;
- (5) types of mentoring activities, which may include but shall not be limited to modeling instruction for the new teacher, observing instruction, instructional planning with the new teacher or school building leader, peer coaching, team coaching, culturally appropriate and responsive practices, and orienting the new teacher to the school culture;
- (6) time allotted for mentoring, which may include but shall not be limited to scheduling common planning sessions, releasing the mentor and the new teacher or school building leader from a portion of their instructional and/or noninstructional duties, and providing time for mentoring during superintendent conference days, before and after the school day, and during summer orientation sessions; and
- (7) the actions that the school district or BOCES will take to assess the effectiveness of its mentoring program for teachers and school building leaders and make revisions to its program, where necessary.
(v) Each school district or BOCES shall describe in its plan how it will provide:
- (a) a holder of a professional certificate in the certificate title of English to speakers of other languages (all grades) and a holder of a bilingual extension under section 80-4.3 of this Title with a minimum of 50 percent of the required professional learning clock hours for such certificate title in language acquisition aligned with the core content area of instruction taught, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for English language learners; and
- (b) all other holders of professional certificates in the classroom teaching service, a minimum of 15 percent of the required professional learning clock hours in language acquisition addressing the needs of English language learners, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for such English language learners; and
- (c) a holder of a level III teaching assistant certificate, a minimum of 15 percent of the required professional learning clock hours in language acquisition addressing the needs of English language learners and integrating language and content instruction for such English language learners;
- (d) a school district or BOCES may seek permission on an annual basis from the commissioner for an exemption from the professional learning requirements in this subparagraph where there are fewer than 30 English language learner students enrolled or English language learners make up less than 5 percent of the district's or BOCES' total student population as of such date as established by the commissioner. The process for such exemption can be found in section 154-2.3(k) of this Title.
(3) Development and adoption of the plan.
(i) The requirement in this subparagraph shall be applicable to all BOCES and school districts, except the City School District of the City of New York. The requirements of subparagraph (ii) of this paragraph shall be applicable to the City School District of the City of New York.
(a) The plan shall be developed through collaboration with a professional learning team. The team members shall be designated for appointment in the manner prescribed in this clause, except as prescribed in clause (b) of this subparagraph. The board of education or BOCES shall appoint the members of the team, a majority of which shall be teachers, which shall include:
- (1) the superintendent of schools or his or her designee in the case of school districts or the district superintendent or his or her designee in the case of BOCES;
- (2) school administrators upon designation by the administrators' collective bargaining organization;
- (3) teachers upon designation by the teachers' collective bargaining organization;
- (4) at least one parent upon designation by the established parent groups in the district or in their absence, by the superintendent in the case of a school district or district superintendent in the case of a BOCES;
- (5) one or more curriculum specialist(s), meaning a teacher or administrator whose primary job responsibility involves the development or evaluation of curricula, upon designation by the district and/or the teachers' collective bargaining organization; and
- (6) at least one representative of a higher education institution, provided that the board of education or BOCES determines that a qualified candidate is available to serve after conducting a reasonable search. If a qualified candidate is not available, the plan should describe the efforts made to include a representative of a higher education institution.
- (7) The team may include other individuals, such as representatives of professional development organizations or the community at large. In school districts or BOCES in which teachers or administrators are not represented by a collective bargaining organization, teachers or administrators shall be designated by their peers in a manner prescribed by the board of education or BOCES.
- (8) Members of the professional learning team not employed by the school district or BOCES need not attend all meetings, so long as their involvement is sufficient to ensure ongoing collaboration among group members that will result in high quality professional learning opportunities for all educators.
- (b) Notwithstanding the requirements of clause (a) of this subparagraph, members of the professional learning team employed in or representing a school under registration review, pursuant to subdivision (p) of this section, including but not limited to teachers, administrators, curriculum specialists and parents, shall not be designated for appointment as prescribed in clause (a) of this subparagraph, but shall instead be recommended by the superintendent of the school district for appointment by the board of education.
- (c) The board of education or BOCES shall permit the professional learning team a period of at least 180 days to develop its recommended professional learning plan and shall convene such team on or before October 1st of the year preceding the school year for which the plan will be adopted.
- (d) Such team shall submit to the board of education or to the BOCES a recommended professional learning plan by a date specified by the board of education or BOCES. The board of education or BOCES may accept or reject the recommendations of the team in whole or part. Components of the plan not approved by the board of education or BOCES shall be returned to the team for further consideration. Any subsequent modification in the professional learning team's recommendation to the board of education or BOCES shall be presented to the board of education or BOCES on or before June 1st, and the board of education or BOCES shall act on the plan by June 30th. The final determination on the content of the professional learning plan shall be the determination of the board of education or BOCES.
- (e) The professional learning plan shall be adopted or, in the case of multi-year plans, re-adopted by the board of education or BOCES at a public meeting. Each year, the board of education or BOCES shall evaluate the effectiveness of the plan. The board of education or BOCES may adopt a multi-year plan or an annual plan, provided that in the case of a multi-year plan the professional learning team shall be required to review the plan on an annual basis, and submit to the board of education or BOCES recommended revisions, if necessary. The board of education or BOCES shall determine whether to approve the recommended revisions according to the process and timeline described in clause (d) of this subparagraph.
(ii) The requirements of this subparagraph shall be applicable to the City School District of the City of New York.
- (a) The central office of the City School District of New York City as well as each community school district, District 75, District 79, and the high school districts shall have a professional learning plan.
- (b) Each plan shall be developed through collaboration with a professional learning team. The professional learning team members for the central office of the City School District of New York City shall be designated for appointment by the chancellor or his/her designee. The team shall include members of each division of the City School District of New York City. The central team of the City School District of New York City team shall also include a majority of teachers upon designation by the teachers’ collective bargaining organization. In the case of each community school district, the superintendent of the community school district shall appoint the members of the team for the community school district. In the case of District 75, District 79, and the high school districts, the respective superintendent shall appoint the members of the team. The team shall include the superintendent of the district for which the team was formed or his or her designee; members of the district leadership team (DLT); school administrators upon designation by the administrators' collective bargaining organization; a majority of teachers upon designation by the teachers' collective bargaining organization; and at least one parent upon designation by the established parent groups in the district. In addition, the team shall include at least one representative of a higher education institution, provided a qualified candidate is available to serve after conducting a reasonable search. If a qualified candidate is not available, the plan should describe the efforts made to include a representative of a higher education institution. The team may include other individuals, such as representatives of professional development organizations or the community at large.
- (c) Notwithstanding the requirements of clause (b) of this subparagraph, members of the professional learning team employed in or representing a school under registration review, pursuant to subdivision (p) of this section, including but not limited to teachers, administrators, curriculum specialists and parents, shall not be designated for appointment as prescribed in clause (b) of this subparagraph but shall instead be recommended by the chancellor for appointment in the case of community school districts, and appointed by the chancellor without being designated by any other party in the case of District 75, District 79, and the high school districts.
- (d) In the case of community school districts, District 75, District 79, and high school districts, each DLT of the district shall submit to the Chancellor of the City School District of the City of New York a recommended professional learning plan by a date specified by the chancellor. Such professional learning plan shall be developed through collaboration with the district's professional learning team. Each district shall convene its professional learning team on or before October 1st of the year preceding the school year for which the plan will be adopted. The DLT of the district shall permit its professional learning team a period of at least 180 days to develop its recommendations for the professional learning plan. Such team shall submit to the DLT its recommended professional learning plan by a date specified by the DLT. Components of the plan not accepted by the DLT of the district shall be returned to the team for further consideration and submitted to the board by a date specified by the DLT. The DLT of the district may accept or reject the recommendations in whole or in part. The DLT shall adopt final recommendations for the district's professional learning plan for submission to the chancellor. The chancellor may accept or reject the recommendations of the DLT of the district in whole or part. Components of the plan not approved by the chancellor shall be returned to the DLT of the district for further consideration. Any subsequent modification in the DLT's recommendation to the chancellor shall be presented to the chancellor on or before June 1st, and the chancellor shall act on the plan by June 30th. The final determination on the content of the professional learning plan shall be the determination of the chancellor, in accordance with Education Law, section 2590-h(14). In the event that the DLT of the district does not make a recommendation to the chancellor by the date specified by the chancellor, the chancellor may promulgate a professional learning plan without such recommendation.
- (e) Each year, the chancellor shall evaluate the effectiveness of the plan for each district. The chancellor shall promulgate a multi-year or an annual plan for each district, provided that in the case of a multi-year plan for a district, the DLT of the district shall be required to review the plan on an annual basis in collaboration with its professional learning team. Such districts shall submit to the chancellor recommended revisions, if necessary. The chancellor shall determine whether to approve the recommended revisions.
(4) Reporting requirement.
(i) Professional learning plan.
(a) Each year, the superintendent of a school district, the district superintendent of a BOCES, and in the case of the City School District of the City of New York, the chancellor, shall be required to certify to the commissioner, in a format and on a timetable prescribed by the commissioner, that:
- (1) the requirements of this subdivision to have a professional learning plan for the succeeding school year have been met; and
- (2) the school district or BOCES has complied with the professional learning plan applicable to the current school year.
- (b) The commissioner may request a copy of the professional learning plan for review and may recommend changes to the plan to meet the learning needs of the students and educators in the school district or BOCES. Such review may be conducted by the commissioner or his/her designee.
(5) Recordkeeping requirements.
- (i) School districts and BOCES shall be required to maintain a record of professional learning successfully completed by educators through the school district or BOCES or by entities on behalf of the school district or BOCES. Such record shall include: the name of the educator and identifying information, the title of the program, the number of hours completed, and the date and location of the program. Such record shall be retained by the school district or BOCES for at least seven years from the date of completion of the professional learning by the certificate holder and shall be available for review by the department.
- (ii) School districts and BOCES shall maintain documentation of the implementation of the mentoring program described in the professional learning plan. Such documentation shall include for each individual receiving mentoring pursuant to the mentoring program: the name of that individual and identifying information, their certificate, the type of mentoring activity, the number of clock hours successfully completed in the mentoring activity, and the name and identifying information of the individual who provided the mentoring. Such record shall be maintained by the school district or BOCES for at least seven years from the date of completion of the mentoring activity and shall be available for review by the department.
- (6) School districts and BOCES shall either be an approved sponsor to provide CTLE under Subpart 80-6 of this Title or shall notify the office of teaching initiatives how it will provide each CLTE certificate holder as defined in section 80-6.1 of this Title with the required amount of CTLE under Subpart 80-6 of this Title.
(7) Notwithstanding the requirements of this subdivision, participation in professional learning outside the regular school day or regularly scheduled working days of the school year shall be volitional for teachers, unless otherwise agreed upon as a term or condition of employment pursuant to collective bargaining under article 14 of the Civil Service Law.
(ee) Academic intervention services.
(1) Requirements for providing academic intervention services (AIS) in kindergarten to grade two. Schools shall provide academic intervention services to students in kindergarten to grade two when such students:
- (i) are determined, through a district-developed or district-adopted procedure that meets State criteria and is applied uniformly at each grade level, to lack reading readiness based on an appraisal of the student, including his/her knowledge of sounds and letters; or
- (ii) are determined, through a district-developed or district-adopted procedure applied uniformly at each grade level, to be at risk of not achieving the State designated performance level in English language arts and/or mathematics. This district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.
(2) Requirements for providing academic intervention services in grade three to grade eight.
(i) For the 2016-17, 2017-18, and 2018-2019 school years, schools shall provide academic intervention services following a two-step identification process:
- (a) First, students who score below a median scale score between a level 2/partially proficient and a level 3/proficient on a grade 3-8 English language arts or mathematics State assessment as determined by the commissioner, shall be considered for academic intervention services. Students scoring at or above the median scale score determined by the commissioner but below a level 3/proficient score shall not be required to receive academic intervention services unless the school district, in its discretion, determines that such services are needed.
(b) Districts shall then use a district-developed procedure, to be applied uniformly at each grade level, for determining which students identified in clause (a) of this subparagraph shall receive academic intervention services after it considers a student’s scores on multiple measures of student performance, which may include, but need not be limited to, one or more of the following measures, as determined by the district:
- (1) developmental reading assessments for grades kindergarten through grade 6;
- (2) New York State English as a Second Language Achievement Test (NYSESLAT);
- (3) benchmark and lesson-embedded assessments for reading and mathematics in grades kindergarten through grade 6 based on teacher designed and selected assessments;
- (4) common formative assessments that provide information about students’ skills;
- (5) unit and lesson assessments for English language arts, mathematics, science, social studies and languages other than English for grades 7 through 8; and/or
- (6) results of psychoeducational evaluations based on a variety of assessments and inventories.
- (c) Each school district shall develop and maintain its policies for providing academic intervention services no later than September 1st of each school year and shall either post its policies to its website or distribute to parents in writing a description of such process, including a description of which student performance measures and scores on such measures will be utilized to determine eligibility for academic intervention services.
- (d) Schools shall also provide academic intervention services to students who are English language learners and are determined, through a district-developed or district-adopted procedure uniformly applied to English language learner students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disability pursuant to Part 117 of this Title.
- (e) Schools shall also provide academic intervention services to students who are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible identification as an English language learner or for possible disability pursuant to Part 117 of this Title.
(ii) Commencing with the 2019-20 school year and each school year thereafter, schools shall provide academic intervention services following a two-step identification process:
- (a) First, all students performing at or below a certain scale score, established through a standard setting process conducted by the department, on one or more of the State elementary assessments in English language arts or mathematics shall be considered for academic intervention services. The standard setting process shall include a panel of educators, including teachers, principals and other school personnel. Students scoring at or above the scale score established by the standard setting panel and approved by the commissioner shall not be required to receive academic intervention services unless the school district, in its discretion, determines that such services are needed.
(b) Districts shall then use a district-developed procedure, to be applied uniformly at each grade level, for determining which students identified in clause (a) of this subparagraph shall receive academic intervention services after it considers a student’s scores on multiple measures of student performance, which may include, but need not be limited to, one or more of the following measures, as determined by the district:
- (1) developmental reading assessments for grades kindergarten through grade 6;
- (2) New York State English as a Second Language Achievement Test (NYSESLAT);
- (3) benchmark and lesson-embedded assessments for reading and mathematics in grades kindergarten through grade 6 based on teacher designed and selected assessments;
- (4) common formative assessments that provide information about students’ skills;
- (5) unit and lesson assessments for ELA, mathematics, science, social studies and world languages for grades 7 through 8; and/or
- (6) results of psychoeducational evaluations based on a variety of assessments and inventories.
- (c) Each school district shall develop and maintain its policies for providing academic services during the 2019-2020 school year and each school year thereafter no later than September 1, 2019 and each September thereafter and shall either post its policies to its website or distribute to parents in writing a description of such process, including a description of which student performance measures and scores on such measures will be utilized to determine eligibility for academic intervention services.
- (d) Schools shall also provide academic intervention services to students who are English language learners and are determined, through a district-developed or district-adopted procedure uniformly applied to English language learner students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disabilities pursuant to Part 117 of this Title; or
- (e) Schools shall also provide academic intervention services to students who are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible identification as an English language learner or for possible disability pursuant to Part 117 of this Title.
(f) Notwithstanding any other provision of this subparagraph:
- (1) schools shall not be required to conduct the two-step identification process prescribed in clauses (a) and (b) of this subparagraph for the 2020-21 school year due to the cancelation of State assessments for the 2019-20 school year. Schools may, but are not required to, conduct the two-step identification process prescribed in clauses (a) and (b) of this subparagraph for the 2021-22 school year due to the limited administration of State assessments in the 2020-21 school year as a result of the State of emergency declared by the governor for the COVID-19 crisis.
- (2) For all students who will be enrolled in grades 3 through 8 for the 2020-21 school year, schools shall make such identification based solely on the district-developed procedures prescribed in clauses (b), (d) and (e) of this subparagraph. For schools that opt not to conduct the two-step identification process prescribed in clauses (a) and (b) of this subparagraph for the 2021-22 school year, schools may make such identification based solely on the district-developed procedures prescribed in clauses (b), (d), and (e) of this subparagraph for all students who will be enrolled in grades 3 through 8 for the 2021-22 school year.
(3) Requirements for providing academic intervention services in grade 9 to grade 12. Schools shall provide academic intervention services when students:
(i) score below:
- (a) the State designated performance level on one or more of the State intermediate assessments in English language arts, mathematics or science; and/or
- (b) the State designated performance level on a State intermediate assessment in social studies administered prior to the 2010-2011 school year; provided that beginning in the 2010-2011 school year, at which time a State intermediate assessment in social studies shall no longer be administered, a school shall provide academic intervention services when students are determined to be at risk of not achieving State learning standards in social studies pursuant to subparagraph (iii) of this paragraph; and/or
- (c) the State designated performance level on any one of the State examinations in English language arts, mathematics, social studies or science that are required for graduation;
- (ii) are limited English proficient (LEP) and are determined, through a district-developed or district-adopted procedure uniformly applied to LEP students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disability pursuant to Part 117 of this Title; or
- (iii) are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.
(4) Description of academic intervention services.
(i) By July 1, 2000, a school district shall develop a description of academic intervention instructional and/or student support services to be provided in schools to students in need of such services pursuant to paragraphs (1), (2) and (3) of this subdivision. The description shall include any variations in services in schools within the district, and shall specifically describe:
- (a) the district-wide procedure(s) used to determine the need for academic intervention services;
- (b) academic intervention instructional and/or student support services to be provided pursuant to paragraph (5) of this subdivision;
- (c) whether instructional services and/or student support services are offered during the regular school day or during an extended school day or year; and
- (d) the criteria for ending services, including, if appropriate, performance levels that students must obtain on district-selected assessments.
- (ii) The description of academic intervention services shall be approved by each local board of education by July 1, 2000. In the New York City School District, the New York City Board of Education may designate that the plans be approved by the chancellor or his designee or by community school boards for those schools under their jurisdiction. Beginning July 1, 2002 and every two years thereafter, each school district shall review and revise its description of academic intervention services based on student performance results; except that this requirement shall not apply to student performance results for the 2010-2011 school year, which shall be excluded from such review.
- (iii) In lieu of a separate description of academic intervention services, the district may incorporate the description of academic intervention services into a comprehensive district education plan. In this instance, the preparation date for the description of academic intervention services shall conform to the date of the preparation of the comprehensive district education plan.
- (iv) Based on performance criteria established by the commissioner, certain school districts may be required to submit their description of academic intervention services for specific schools to the department for review and approval.
(5) Provision of academic intervention services.
- (i) School districts may use time available for academic intervention instructional and/or student support services during the regular school day.
- (ii) School districts may provide students with extended academic time beyond the regular school day and school year.
- (iii) In public schools, academic intervention instructional and/or support services shall be provided by qualified staff who are appropriately certified pursuant to Part 80 of this Title.
(iv) Beginning September 1, 2000, academic intervention instructional and/or student support services shall commence no later than the beginning of the semester following a determination that a student needs such services. Services shall continue until a student's performance:
- (a) meets or exceeds the State designated performance level on the next State assessment; or
- (b) is shown to be likely to meet or exceed the State designated performance level on the next State assessment through achievement on the district-selected assessments of the levels specified in the district description of academic intervention services pursuant to paragraph (4) of this subdivision.
(6) Parental notification and involvement.
- (i) Notification of commencement of services. The parent or person in parental relation to a student who has been determined to need academic intervention services shall be notified in writing by the principal. Such notice shall be provided in English and translated, when appropriate, into the native language or mode of communication of the parent. The notice shall include a summary of the academic intervention services to be provided to the student, the reason the student needs such services and the consequences of not achieving expected performance levels.
- (ii) Notification of the ending of academic intervention services. Parents or persons in parental relation shall be notified in writing when academic intervention services are no longer needed. Such notice shall be provided in English and translated, when appropriate, into the native language or mode of communication of the parent.
(iii) Ongoing communication with parents or persons in parental relation. Parents or persons in parental relation to students receiving academic intervention services shall be provided with:
- (a) an opportunity to consult with the student's regular classroom teacher(s), and other professional staff providing academic intervention services, at least once per semester during the regular school year;
- (b) reports on the student's progress at least once each quarter during the regular school year by mail, telephone, telecommunications or other means, in a language or mode of communication understood by the parents or person in parental relation; and
- (c) information on ways to work with their child to improve achievement; monitor their child's progress; and work with educators to improve their child's achievement.
(7) Notwithstanding the provisions of this subdivision, a school district may provide a response to intervention (RTI) program in lieu of providing academic intervention services (AIS) to eligible students, provided that:
- (i) the RTI program is provided in a manner consistent with subdivision (ii) of this section;
- (ii) the RTI program is made available at the grade levels and subject areas (reading/math) for which students are identified as eligible for AIS;
- (iii) all students who are otherwise eligible for AIS shall be provided such AIS services if they are not enrolled in the RTI program; and
- (iv) for the 2010-2011 school year, the school district shall submit to the department, no later than December 15, 2010, a signed statement of assurance that the services provided in the RTI program meet the requirements of this paragraph; and for each school year thereafter, the school district shall submit to the department no later than September 1st of such school year, a signed statement of assurance that the services provided under the district's RTI program meet the requirements of this paragraph.