Meeting of the Board of Regents | July 2003

Tuesday, July 1, 2003 - 11:00pm

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	The Honorable the Members of the Board of Regents
FROM:	James A. Kadamus
COMMITTEE:	Full Board
TITLE OF ITEM:	Proposed Amendment to the Regulations of the Commissioner Relating to the No Child Left Behind Act of 2001 (School/District Accountability and Data and Reporting Requirements)
DATE OF SUBMISSION:	June 19, 2003
PROPOSED HANDLING:	Action (Consent Agenda)
RATIONALE FOR ITEM:	Compliance with Federal Legislation
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

SUMMARY:

Attached are proposed amendments to the Regulations of the Commissioner of Education relating to school/district accountability and data and reporting requirements under the No Child Left Behind Act (NCLB). Supporting materials for the proposed amendments are available upon request from the Secretary to the Board of Regents. The proposed amendments were discussed at the June meeting of the Regents EMSC Committee.

The purpose of the proposed amendments to section 100.2(p), section 100.2(m), section 100.2(bb) and section 119.3 is to conform the Regulations of the Commissioner of Education to the provisions of the No Child Left Behind (NCLB) Act of 2001 relating to school/district accountability and data and reporting requirements. The State and local educational agencies, including school districts, BOCES and charter schools, are required to comply with the requirements of NCLB as a condition to their receipt of federal funding under Title I of the Elementary and Secondary Education Act of 1965, as amended. The amendments are intended to conform the Commissioner's Regulations to the elements included in New York's plan for NCLB accountability, which was approved by the U.S. Department of Education in January 2003. The key provisions of the regulations were discussed with the Regents EMSC Committee at its April 2003 meeting.

The proposed amendment to section 100.2(p) establishes accountability performance criteria and procedures for determining whether a public school, charter school or school district shall be deemed to have made "adequate yearly progress" under the NCLB. A school/district that fails to make adequate yearly progress will be designated as a "School/district Requiring Academic Progress" and will be required to undertake remedial measures while so designated, including school improvement plans, corrective action plans, restructuring plans, revised restructuring plans and other measures as required by the NCLB. Schools/districts that make adequate yearly progress for two consecutive years on all criteria and indicators for which they have been identified will be removed from such designation. A school/district that received funds under Title I for two consecutive years during which it failed to make adequate yearly progress shall be identified for school improvement under NCLB. A school/district that makes adequate yearly progress for two consecutive years shall no longer be subject to the requirements of the NCLB.

Commencing with the 2003-2004 school year, the Commissioner may identify schools/districts that meet certain specified criteria as "high performing." Commencing with the 2004-2005 school year, the Commissioner may identify other schools/districts as "rapidly improving."

For each school year during which a school remains under registration review, the board of education shall provide direct notification to parents, including a summary of the actions taken to improve performance and an explanation of available placement or program options, and the timeliness and process for parents exercising their rights to school choice.

The proposed amendment to section 100.2(m) establishes criteria and procedures to ensure compliance with the public reporting requirements of the NCLB, including the issuance of the New York State Report Card and local report card requirements. Each board of education shall make its report card available by appending it to copies of the proposed budget, making it available for distribution at the annual meeting, transmitting it to local newspapers of general circulation and making it available to parents. In accordance with the district�s plan for school-based management and shared decision making, each board of education shall initiate measures designed to improve student achievement on the State learning standards. In a district in which a school performs below the benchmark established by the Commissioner, a local assistance plan shall be developed that specifies the actions to be taken to raise student results above such benchmark. A district may incorporate the elements of such plan into a comprehensive district education plan in lieu of a separate local assistance plan. The local assistance plan shall annually be made widely available through public means according to a timeline established by the Commissioner.

The proposed amendment to section 100.2(bb) establishes criteria and procedures relating to school district data reporting to ensure compliance with the NCLB. Each school district shall submit electronic records to the Department for each student enrolled in a public school in the district or placed out of the district for educational services by the district Committee on Special Education, including information relating to student demographic data, services provided, performance on State assessments, credentials awarded, and documentation of transfers and dropouts for secondary level students, and such other information as the Commissioner may require. The district files on record in the Department will be used for public reporting and for determining school/district accountability.

The proposed amendment to section 119.3 establishes criteria and procedures relating to data and reporting requirements for charter schools to ensure compliance with the NCLB. The charter school files on record in the Department will be used for public reporting and for determining school accountability.

With respect to section 100.2(p), a Notice of Proposed Rule Making was published in the State Register on May 21, 2003 and a Notice of Revised Rule Making was published on June 11, 2003. With respect to sections 100.2(m), 100.2(bb) and 119.3, Notices of Proposed Rule Making were published in the State Register on May 28, 2003.

VOTED: That subdivision (p) of section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 7, 2003;

VOTED: That subdivision (m) of section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 7, 2003;

VOTED: That subdivision (bb) of section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 7, 2003; and

VOTED: That section 119.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 7, 2003.

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 210, 215, 305, 309 and 3713(1) and (2)

Subdivision (p) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective August 7, 2003 as follows:

(p) Registration of schools and school/district accountability. Nonpublic schools may be, and public elementary, intermediate, middle, junior high, and high schools shall be, registered by the Board of Regents pursuant to this subdivision upon recommendation by the commissioner, provided that charter schools shall not be subject to registration pursuant to this subdivision, but shall be held accountable for meeting or exceeding the student performance standards and student assessment requirements applicable to other public schools in accordance with the provisions of Article 56 of the Education Law. No school district may operate a public school whose registration has been revoked by the Board of Regents pursuant to paragraph [(5)] (10) of this subdivision. Only those public and nonpublic high schools which are registered by the Board of Regents upon recommendation of the commissioner, may issue diplomas and administer Regents examinations, except that charter schools may issue diplomas and administer Regents examinations as authorized by Article 56 of the Education Law.

(1) Definitions. As used in this subdivision:

(i) Accountability groups shall mean, for each public school, school district and charter school, those groups of students for each grade level or annual high school cohort, as described in paragraph (16) of this subdivision comprised of: all students; students from major racial and ethnic groups, as set forth at paragraph (v) of paragraph (2) of subdivision (bb) of this section; students with disabilities, as defined in section 200.1 of this Title; students with limited English proficiency, as defined in Part 154 of this Title; and economically disadvantaged students, as identified pursuant to section 1113(a)(5) of the NCLB, 20 USC section 6316(a)(5) (Public Law, section 107-110, section 1113(a)(5), 115 STAT. 1469; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234). The school district accountability groups for each grade level will include all students enrolled in a public school in the district or placed out of the district for educational services by the district committee on special education or a district official.

(ii) School district shall mean a common, union free, central, central high school or city school district, provided that, in the case of the city school district of the city of New York, such term shall mean a community school district or New York City superintendency to the extent that such entity is the local educational agency for purposes of Title I.

(iii) Board of education shall mean the trustees or board of education of a school district; provided that in the case of the city school district of the city of New York, such term shall mean the Chancellor of the city school district acting in lieu of the board of education of such city school district to the extent authorized by Article 52-A of the Education Law and, with respect to community school districts and New York City superintendencies, such term shall mean the community superintendent or other superintendent of schools acting in lieu of the board of education to the extent authorized by Article 52-A of the Education Law.

(iv) Performance index shall be calculated based on the four student performance levels defined in subparagraph (iv) of this paragraph. Each student scoring at Level 1 will be credited with 0 points, each student scoring at Level 2 with 100 points, and each student scoring at Levels 3 or 4 with 200 points. The performance index for each accountability group will be calculated by summing the points and dividing by the number of students in the group.

(v) Performance levels shall mean:

(a) Level 1/Basic:

(1) For elementary and middle grades:

(i) a score of Level 1 on State assessments in English language arts, mathematics and science or a score of Level 1 on the New York State Alternate Assessment ("NYSAA");

(ii) a score for certain limited English proficient students pursuant to subparagraph (vi) of paragraph (14) of this subdivision, in lieu of the State assessment in English language arts, that shows Level 1 growth on the New York State English as a Second Language Assessment Test ("NYSESLAT");

(iii) the score to be reported for a student with a disability who participates in the local assessment option.

(2) For high school:

(i) a score of less than 55 on the Regents Comprehensive Examination in English or a Regents Mathematics examination or a failing score on a State-approved alternative examination for those Regents examinations;

(ii) a failing score on the Regents Competency Tests in Reading or Writing; a failing score on the Regents Competency Test in Mathematics;

(iii) a score of Level 1 on the NYSAA;

(iv) a cohort member who has not been tested; or

(v) the score of a student with a disability who participates in the local assessment option.

(b) Level 2/Basic Proficient:

(1) For elementary and middle grades:

(i) a score of Level 2 on State assessments in English language arts, mathematics and science or a score of Level 2 on the NYSAA;

(2) For high school:

(i) a score between 55 and 64 on the Regents Comprehensive Examination in English or a Regents Mathematics examination;

(ii) a passing score on the Regents Competency Test in Reading and Writing; a passing score on the Regents Competency Test in Mathematics;

(iii) a score of Level 2 on the NYSAA.

(1) For elementary and middle grades:

(i) a score of Level 3 on State assessments in English language arts, mathematics and science or a score of Level 3 on the NYSAA;

(2) For high school:

(i) a score between 65 and 84 on the Regents Comprehensive Examination in English or a Regents Mathematics examination;

(ii) a passing score on a State-approved alternative to the Regents examinations set forth at item (i) of this subclause

(iii) a score of Level 3 on the NYSAA.

(d) Level 4/Advanced:

(1) For elementary and middle grades:

(i) a score of Level 4 on required State assessments in English language arts, mathematics and science or a score of Level 4 on the NYSAA;

(ii) a score for certain limited English proficient students pursuant to subparagraph (vi) of paragraph (14) of this subdivision, in lieu of the required State assessment in English language arts, that shows Level 4 growth on the NYSESLAT.

(2) For high school:

(i) a score of 85 or higher on the Regents Comprehensive Examination in English or a Regents Mathematics examination;

(ii) a score of Level 4 on the NYSAA.

(vi) High school equivalency literacy levels means the level that a student tested on reading and mathematics assessments approved by the commissioner divided into the following grade levels: 0.0-1.9, 2.0-3.9, 4.0-5.9, 6.0-8.9, 9.0-10.9, and 11.0 and above.

(vii) Alternate assessment means the New York State Alternate Assessment ("NYSAA") recommended by the committee on special education, for use by students with disabilities as defined in section 100.1(t)(2)(iv) of this Part in lieu of a required State assessment.

(viii) Title I means title I, part A of the Elementary and Secondary Education Act of 1965, as amended, ("ESEA"), 20 U.S.C. sections 6301-6327.

(ix) Continuously enrolled means, for grades 3-8, students whose latest date of enrollment occurred after the date prescribed by the commissioner on which BEDS forms are required to be completed and, for grades 9-12, students in the high school cohort, as defined in paragraph 16 of this subdivision.

(x) NCLB means the No Child Left Behind Act of 2001, Public Law, section 107-110.

[(1)] (2) Procedure for registration of public schools. (i) All public elementary, intermediate, middle, junior high schools, and high schools, other than charter schools, in existence on September 1, 2002 shall be deemed registered by the Board of Regents pursuant to this subdivision as of such date.

(ii) A school district that seeks to register a public elementary, intermediate, middle, junior high school or high school which is not registered pursuant to subparagraph (i) of this paragraph shall submit a petition for registration to the Board of Regents, in a form prescribed by the commissioner and containing such information as the commissioner may require, no later than June 15th for schools opening in September of the next successive school year or, for those schools opening during a current school year, at least 90 days prior to the opening of such school, except that the commissioner may waive this timeline for good cause. The commissioner shall review the petition and shall recommend its approval to the Board of Regents if it is satisfactorily demonstrated that the district has provided an assurance that the school will be operated in an educationally sound manner; is in compliance with applicable statutes, rules and regulations relating to public schools; and will operate in accordance with applicable building codes and pursuant to a certificate of occupancy. No new public school will be recommended for registration by the commissioner if, in the commissioner's judgment, the establishment of such school would conflict with an approved plan for district reorganization, except where it can be established to the satisfaction of the commissioner that such school is essential to the education welfare of the students.

[(2)] (3) All registrations approved by the Board of Regents pursuant to this subdivision shall continue in effect unless revoked by the Board of Regents upon recommendation of the commissioner after review of the registration.

[(3)] (4) System of accountability for student success. Each year, commencing with [1998-99] 2002-2003 school year test administration results, the commissioner shall review the performance of all public schools, charter schools and school districts in the State. For each accountability performance criterion specified in paragraph [(7)] (14) and each performance indicator specified in paragraph (15) of this subdivision, the commissioner, commencing with [1999-2000] 2002-2003 school year test administration results, shall determine whether [each school is farthest from meeting that criterion, below a school accountability criterion, or meeting all criteria] each public school, charter school and school district has achieved adequate yearly progress as set forth in paragraph (5) of this subdivision. [In schools in which fewer than 20 students are subject to the criteria delineated in paragraph (7) of this subdivision, the commissioner may review prior years performance of the school in order to make a determination regarding such school.]

[(4)] (5) Adequate yearly progress.

(i) A public school, charter school or school district shall be deemed to have made adequate yearly progress on an accountability performance criterion set forth in paragraph (14) if each accountability group within such school or district achieved adequate yearly progress on that criterion.

(ii) In public schools, charter schools or school districts with fewer than 30 students subject to an accountability performance criterion set forth in paragraphs (14) and (15) of this subdivision, the commissioner shall use the weighted average of the current and prior school year�s performance data for that criterion in order to make a determination of adequate yearly progress. No public school, charter school or school district will be held accountable for any other accountability group consisting of fewer than 30 students as long as the "all student" accountability group includes at least 30 students for that school year.

(iii) For purposes of determining adequate yearly progress, only the performance of continuously enrolled students in grades 3-8 shall be included for consideration.

(iv) An accountability group shall be deemed to have made adequate yearly progress on an accountability performance criterion specified in paragraph (14) of this subdivision if:

(a) The superintendent of the school district or the principal of the charter school has submitted the required student data files to the commissioner pursuant to section 100.2(bb)(2) or section 119.3(b) of this Title in the timeframe and format specified by the commissioner; and

(b) for accountability groups consisting of 40 or more students:

(1) for elementary and middle grades, 95 percent of students enrolled on the first day of test administration received valid scores on the State assessments of elementary and middle-level English language arts and mathematics; or

(2) for high school, commencing with the 2003-2004 school year, 95 percent of designated students in at least their fourth year of high school, as designated by the commissioner, received valid scores on the required assessments for high schools, as set forth in subparagraph (v) of paragraph (1) of this subdivision;

(1) the accountability group met or exceeded, or did not differ significantly as determined by the commissioner, from the annual measurable objective for that criterion; or

(2) the accountability group met or exceeded, or did not differ significantly as determined by the commissioner, from an annual performance target established by the commissioner and the accountability group met or exceeded the third performance indicator at that grade level, as defined in subdivision (15) of this section .

(v) A public school, charter school or school district shall be deemed to have made adequate yearly progress on a performance indicator specified in paragraph (15) of this subdivision if:

(a) The superintendent of the school district or the principal of the charter school has submitted the required student data files to the commissioner pursuant to 100.2(bb)(2) or section 119.3(b) of this Title in the timeframe and format specified by the commissioner; and,

(b) all students in the school or school district at the applicable grade level or high school cohort met or exceeded the performance indicator.

(vi) A school district or public school that does not make adequate yearly progress on the same accountability performance criterion in paragraph (14) or the same accountability indicator in paragraph (15) for two consecutive years shall be identified as a "school requiring academic progress" as specified in paragraph (6) of this subdivision.

(vii) For each school year, public schools, school districts, and charter schools in which no students or, pursuant to subparagraph (ii) of this paragraph fewer than 30 students, participate in the required State assessments for English language arts or mathematics, or in which the majority of students are not continuously enrolled, shall conduct a self-assessment of their academic program and the school learning environment, in such format and using such criteria as may be prescribed by the commissioner. Such self-assessment shall not be required of those schools and school districts for which the commissioner shall conduct a review of the performance of the school or school district in accordance with subparagraph (ix) of this paragraph. The superintendent of the school district or principal of the charter school shall review the self-assessment(s) and make a recommendation to the commissioner, in such format and according to such timeframe as the commissioner may prescribe, as to whether the school or school district has made adequate yearly progress. The commissioner shall consider the self-assessment, board recommendation and any other relevant information in determining whether the school or school district made adequate yearly progress.

(viii) The school accountability status of public schools, school districts, and charter schools serving grades 2 and/or 3, but not grade 4, (hereafter referred to as "feeder schools") will be determined using backmapping. In school districts with such feeder schools and in school districts that accept grade 4 students from feeder schools by contract, the grade four State assessment results for each feeder school student will be attributed to the feeder school as well as to the school or charter school in which the student took the assessment. The student�s results will be attributed to a feeder school only if the student was continuously enrolled in the feeder school from the date prescribed by the commissioner on which the BEDS forms are required to be completed until the end of the school year in the highest grade served by the feeder school. In a district, if all schools serving grade four make adequate yearly progress in a given year, all feeder schools served by the district will be deemed to have made adequate yearly progress. If one or more schools enrolling students from a feeder school fail to make adequate yearly progress on a criterion set forth at subparagraphs (i) and (iii) of paragraph (14) of this subdivision, the commissioner will aggregate the district�s fourth-grade results on that criterion by feeder school and determine whether each feeder school made adequate yearly progress on that criterion. If a feeder school fails to make adequate yearly progress on the same criterion for two consecutive years, the school will be identified as a school requiring academic progress.

(6) Schools Requiring Academic Progress.

(i) A public school that fails to make adequate yearly progress for two consecutive years in the same accountability performance criterion or accountability indicator shall be designated in the next school year as a "School Requiring Academic Progress: Year 1." A school improvement plan in such format as may be prescribed by the commissioner shall be developed by each School Requiring Academic Progress. Such school improvement plan shall be formally approved by the board of education (in New York City, both the New York City Board of Education and the community school board for schools under the jurisdiction of the community school district) no later than three months following the identification of the school as requiring academic progress and shall be implemented no later than the beginning of the next school year after the school year in which the school was identified or immediately upon approval of the board of education if such approval occurs after the first day of regular student attendance. Such plan shall cover a two-year period and be developed in consultation with parents, school staff, the school district, and outside experts and to the extent appropriate, consistent with section 100.11 of this Title. The plan shall be updated annually and approved by the board of education and implemented no later than the first day of regular student attendance of each year that the school remains in improvement.

(ii) A public school that is identified as a "School Requiring Academic Progress: Year 1" that fails to make adequate yearly progress on the same criterion or indicator for which it has been identified shall be designated in the next school year as a "School Requiring Academic Progress: Year 2."

(iii) A public school that is identified as a "School Requiring Academic Progress: Year 2" that fails to make adequate yearly progress on the same criterion or indicator for which it has been identified as a "School Requiring Academic Progress: Year: 2" shall be designated in the next school year as a "School Requiring Academic Progress: Year 3." A corrective action plan in such format as may be prescribed by the commissioner shall be developed by the school superintendent (in New York City, the chancellor�s designee) and, to the extent appropriate, consistent with section 100.11 of this Title. Such corrective action plan shall be formally approved by the board of education (in New York City, both the New York City Board of Education and the community school board for schools under the jurisdiction of the community school district) no later than three months following the identification of the school as a School Requiring Academic Progress: Year 3 and shall be implemented no later than the beginning of the next school year after the school year in which the school was identified or immediately upon approval of the board of education, if such approval occurs after the first day of regular student attendance. Such corrective action plan shall, to the extent consistent with State law, include at least one of the actions set forth at section 1116(b)(7)(C)(iv)(I-VI) of the NCLB, 20 USC section 6316(b)(7)(C)(iv)(I-VI) (Public Law, section 107-110, section 1116(b)(7)(C)(iv)(I-VI), 115 STAT. 1484; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(iv) A public school that is identified as a "School Requiring Academic Progress: Year 3" that fails to make adequate yearly progress on the same criterion or indicator for which it has been identified as a "School Requiring Academic Progress: Year 3" shall be designated in the next school year as a "School Requiring Academic Progress: Year 4." A restructuring plan in the format prescribed by the commissioner shall be developed by the school superintendent (in New York City, the chancellor�s designee) and, to the extent appropriate, consistent with section 100.11 of this Title. Such restructuring plan shall be formally approved by the board of education no later than June 30 of the school year in which a school is designated as a "School Requiring Academic Progress: Year 4." Such restructuring plan shall require the school to make fundamental reforms, such as significant changes in the school�s staff, governance, or organization. A restructuring plan may include a plan to close or phase out the school and replace it with a new school.

(v) A public school that is identified as a "School Requiring Academic Progress: Year 4" that fails to make adequate yearly progress on the same criterion or indicator for which it has been identified as a "School Requiring Academic Progress: Year 4" shall be designated in the next school year as a "School Requiring Academic Progress: Year 5." The school district shall implement its restructuring plan no later than the first day of regular school attendance of the year following the administration of the assessments which caused the school to be identified as a "School Requiring Academic Progress: Year 5." If a school fails to make adequate yearly progress for two consecutive years during the three school years following the implementation of the restructuring plan, then a revised restructuring plan in such format as may be prescribed by the commissioner shall be developed by the school superintendent (in New York City, the chancellor�s designee) and, to the extent appropriate, consistent with section 100.11 of this Title. Such restructuring plan shall be formally approved by the board of education (in New York City, both the New York City Board of Education and the community school board for schools under the jurisdiction of the community school district) no later than June 30 of the school year in which such plan is required.

(vi) A public school or charter school that received funds under Title I for two consecutive years during which the school did not make adequate yearly progress shall be identified for school improvement under section 1116(b) of the No Child Left Behind Act ("NCLB"), 20 U.S.C. section 6316(b)(1)-(3) and is subject to the requirements therein (Public Law, section 107-110, section 1116(b), 115 STAT. 1479 - 1487; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(vii) A public school or charter school that is identified for school improvement under section 1116(b) of the NCLB, 20 U.S.C section 6316(b) that fails to make adequate yearly progress in any subsequent year in which it receives funds under Title I shall be required in the next school year in which it receives Title I funds to implement the provisions of section 1116(b)(5) of the NCLB, 20 U.S.C section 6316(b)(5) (Public Law, section 107-110, section 1116(b)(5), 115 STAT. 1482-1483; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(viii) A public school or charter school that is subject to the provisions of section 1116(b)(5) of the NCLB, 20 U.S.C section 6316(b)(5) that fails to make adequate yearly progress in any subsequent year in which it receives funds under Title I shall be required in the next school year in which it receives Title I funds to implement the provisions of section 1116(b)(7) of the NCLB, 20 U.S.C section 6316(b)(7) (Public Law, section 107-110, section 1116(b)(7), 115 STAT. 1483-1485; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(ix) A public school or charter school that is subject to the provisions of section 1116(b)(7) of the NCLB, 20 U.S.C section 6316(b)(7), that fails to make adequate yearly progress in any subsequent year in which it receives funds under Title I shall be required to implement in the next school year in which it receives Title I funds the provisions of section 1116(b)(8) of the NCLB, 20 U.S.C section 6316(b)(8) (Public Law, section 107-110, section 1116(b)(8), 115 STAT. 1485-1486; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(x) Upon a finding of exceptionally or uncontrollable circumstances, the commissioner may delay for a period of one year the identification of a public school under this paragraph.

(xi) A school that was required to implement a school improvement plan as of June 30, 2003, pursuant to section 100.2(p) in effect on that date, shall be deemed a "School Requiring Academic Progress: Year 1" for the 2002-03 school year.

(xii) A public school that was identified as a "school in need of improvement year 1" for the 2002-2003 school year under Title I shall be deemed a "School Requiring Academic Progress: Year 1" for the 2002-2003 school year.

(xiii) A public school that was identified as a "school in need of improvement year 2" for the 2002-2003 school year under Title I shall be deemed a "School Requiring Academic Progress: Year 2" for the 2002-2003 school year.

(xiv) A public school that was identified as a "school in corrective action" for the 2002-2003 school year shall be deemed a "School Requiring Academic Progress: Year 3" for the 2002-2003 school year.

(xv) A public school requiring academic progress that makes adequate yearly progress for two consecutive years on all criteria and indicators for which it has been identified shall be removed from School Requiring Academic Progress status.

(xvi) A public school or charter school that makes adequate yearly progress for two consecutive years on all criteria and indicators for which it has been identified shall no longer be subject to the requirements of section 1116(b) of the NCLB, 20 U.S.C. section 6316(b) (Public Law, section 107-110, section 1116(b), 115 STAT. 1479-1487; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(xvii) Based upon review of a public school�s performance since its identification as requiring academic progress, the commissioner may require, in such form and according to such timeline as the commissioner may prescribe, that the district submit for the commissioner�s approval a school improvement, corrective action or restructuring plan. The commissioner may also require that any subsequent modification of such plan be submitted for prior approval.

(7) Districts Requiring Academic Progress.

(i) A district that fails to make adequate yearly progress for two consecutive years on the same criterion or indicator shall be designated as a "District Requiring Academic Progress." A district improvement plan in such format as may be prescribed by the commissioner shall be developed by each district requiring academic progress. Such district improvement plan shall be formally approved by the board of education (in New York City, both the New York City Board of Education and the community school board for schools under the jurisdiction of the community school district) no later than three months following the identification of the district as requiring academic progress and submitted to the commissioner for approval. The plan shall be implemented no later than beginning of the next school year after the school year in which the school district was identified as requiring academic progress. Such plan shall be developed in consultation with parents, school, staff, and others. The plan shall be revised annually and resubmitted to the commissioner for approval no later than July 31 of each school year in which the district remains identified as requiring academic progress. Any modification of the district�s approved improvement plan shall require the prior approval of the commissioner.

(ii) A district identified for academic progress that makes adequate yearly progress for two consecutive years on each criterion or indicator for which it has been identified shall be removed from identification as requiring academic progress.

(iii) A local educational agency ("LEA") that received funds under Title I for two consecutive years during which the LEA did not make adequate yearly progress shall be identified for improvement under section 1116(c) of the NCLB, 20 U.S.C. section 6316(c) and shall be subject to the requirements therein (Public Law, section 107-110, section 1116(c), 115 STAT. 1487-1491; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(iv) At any time following the identification of an LEA for improvement, the Commissioner may further identify the local educational agency for corrective action under section 1116(c)(10) of the NCLB, 20 U.S.C. section 6316(c)(10). The Commissioner shall identify such LEA for corrective action if, by the end of the second full school year the LEA has failed to make adequate yearly progress. The commissioner may delay identification of an LEA for corrective action for a period of one year pursuant to section 1116(c)(10)(F) of the NCLB, 20 USC section 6316(c)(10)(F) (Public Law, section 107-110, section 1116(c)(10), 115 STAT. 1489-1491; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(v) An LEA identified for improvement or corrective action that makes adequate yearly progress for two consecutive years on each criterion or indicator for which it has been identified shall no longer be subject to the requirements of section 1116(c) of the NCLB, 20 USC section 6316(c) (Public Law, section 107-110, section 1116(c), 115 STAT. 1487-1491; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(8) High Performing and Rapidly Improving Schools and Districts

(i) Commencing with 2003-2004 school year results, the commissioner shall annually identify as "high performing" public schools, school districts, and charter schools in which:

(a) the school or district meets or exceeds the benchmarks established by the commissioner pursuant to subparagraph (vii) of paragraph (14) of this subdivision, and

(b) the school or district has made adequate yearly progress on all criteria and indicators in paragraphs (14) and (15) of this subdivision for two consecutive years.

(ii) Commencing with 2004-2005 school year results, the commissioner shall annually identify as "rapidly improving" public schools, school districts, and charter schools in which:

(a) The school or district is below the benchmark established by the commissioner pursuant to subparagraph (vii) of paragraph (14) of this subdivision, and

(b) The school or district has improved its performance during the past three years on each applicable criterion in paragraph (14) of this subdivision in which it is below the benchmark established by the commissioner, and

(c) The school or district has made adequate yearly progress on all criteria and indicators in paragraph (14) and (15)
of this subdivision for three consecutive years.

(iii) The commissioner may elect not to identify a school or district as high performing or rapidly improving if the school or district is held accountable for the performance of three or fewer accountability groups on each applicable criterion.

[(4)] (9) Identification of schools for public school registration review. The commissioner shall place under registration review those schools that are determined to be farthest from meeting the [school accountability performance criteria specified in paragraph (7)] benchmarks established by the commissioner pursuant to subparagraph (vii) of paragraph (14) of this subdivision and most in need of improvement. In determining the number of schools to identify as farthest from meeting the [school accountability performance criteria] benchmarks, the commissioner shall give primary consideration to the percentages of students meeting performance benchmarks. The commissioner may also consider the sufficiency of State and local resources to effectively implement and monitor school improvement efforts in schools under registration review. In addition, any school that does not meet or exceed each of the [school accountability performance criteria] benchmarks and has conditions that threaten the health, safety and/or educational welfare of students or has been the subject of persistent complaints to the department by parents or persons in parental relation to the student may be identified by the commissioner as a poor learning environment based upon a combination of factors affecting student learning, including but not limited to: high rates of student absenteeism, high levels of school violence, excessive rates of student suspensions, violation of applicable building health and safety standards, high rates of teacher and administrator turnover, excessive rates of referral of students to or participation in special education or excessive rates of participation of students with disabilities in the alternate assessment, excessive transfers of students to alternative high school and high school equivalency programs and excessive use of uncertified teachers or teachers in subject areas other than those for which they possess certification. The commissioner may also place under registration review any school for which a district fails to provide in a timely manner the student performance data required by the commissioner to conduct the annual assessment of the school�s performance or any school in which excessive percentages of students fail to fully participate in the State assessment program.

(i) For each school identified as farthest from meeting the [school accountability performance criteria,] benchmarks, the local school district shall be given the opportunity to present to the commissioner additional assessment data, which may include, but need not be limited to, valid and reliable measures of: the performance of students in grades other than those in which the State tests are administered; the performance of limited English proficient students [who are English language learners] and/or other students with special needs; and the progress that specific grades have made or that cohorts of students in the school have made towards meeting minimum and/or higher student performance standards. For each school identified as a poor learning environment, the district shall be given the opportunity to present evidence to the commissioner that the conditions in the school do not threaten the health or safety or educational welfare of students and do not adversely affect student performance. The district may also provide relevant information concerning extraordinary, temporary circumstances faced by the school that may have affected the performance of students in the school on the State tests.

(ii) The commissioner shall review the additional information provided by the district and determine which of the schools identified as farthest from meeting the [school accountability performance criteria] benchmarks specified in subparagraph (vii) of paragraph [(7)] (14) of this subdivision or identified as poor learning environments are most in need of improvement and shall be placed under registration review. [The commissioner may convene an advisory committee to assist in making such determination. Such committee shall include experts in the evaluation of student and school performance, and may also include parents of New York State public school students, teachers, local school administrators, community members, and State Education Department staff.]

(iii) [Each year, public schools in which no students participate in the State testing program for English language arts shall conduct a self-assessment of their academic program and the school learning environment. Based on self-assessment by the school, the board of education (in New York City, both the New York City Board of Education and the community school board for schools under the jurisdiction of a community school district) shall make a recommendation to the commissioner concerning whether or not such school should be considered among those schools most in need of improvement. Based upon such recommendation or a finding by the commissioner that the school is a poor learning environment, the commissioner may place such school under registration review.] For schools required to conduct a self-assessment pursuant to subdivision (vii) of paragraph (5) of this subdivision, the commissioner upon review of the self-assessment may make a determination that the school is most in need of improvement and place such school under registration review.

[(5)] (10) Public school registration review. (i) Upon placing the registration of a school under review, the commissioner shall warn the board of education (in New York City, the New York City Board of Education and any community school board having jurisdiction over the school) that the school has been identified for registration review, and that the school is at risk of having its registration revoked. The commissioner shall include in any warning issued pursuant to this subparagraph an explicit delineation of the progress that must be demonstrated in order for a school to be removed from consideration for revocation of registration. Upon receipt of such warning, the board of education (in New York City, the New York City Board of Education) 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 school that it has been placed under registration review and is at risk of having its registration revoked, and disclosure by the district at the next public meeting of the local board of education of such warning. Each school year during which a school remains under registration review, by June 30th or at the time of a student's initial application or admission to the school, whichever is earliest, the board of education shall provide direct notification to parents or other persons in parental relation to children attending the school that the school remains under registration review and is at risk of having its registration revoked. Such notification shall include a summary of the actions that the district and school are taking to improve student results and an explanation of any district programs of choice, magnet programs, transfer policies, or other options that a parent or a person in parental relation may have to place the child in a different public school within the district. Such notification shall include the timelines and process for parents exercising their rights to school choice. Following the identification of a school for registration review, the commissioner shall appoint a team to undertake a resource, planning, and program audit of the district and the school. The commissioner shall provide to the school district a copy of the audit, which shall include, as appropriate, recommendations for improving instruction; curriculum; assessment; school management and leadership; qualifications and professional development of school staff; parent and community involvement; school discipline, safety, and security; instructional supplies and materials; physical facilities; and district support for the school improvement efforts. Based upon the results of the audit, the commissioner shall require that:

(a) a correction action plan be developed by the superintendent of the district (in New York City, the Chancellor or his designee) in consultation with the school staff, persons in parental relation of children attending the school, and members of the community (and in New York City, the community school district superintendent and staff in the case of any school under the jurisdiction of a community school board) to address the findings of the audit;

(b) such corrective action plan be approved by the board of education (in New York City, both the New York City board of education and the community school board for schools under the jurisdiction of [a] the community school [board] district ) and submitted to the commissioner for review and approval; and

(1) in a format prescribed by the commissioner; and

(2) [coordinated with actions planned and taken as part of the district�s local assistance plan developed pursuant to subdivision (m) of this section;

(3)] developed in cooperation with department staff and other persons assigned by the commissioner to assist the district in the development of such plan[;].

(d) any amendment or modification of a corrective action plan by a school district, including a plan to close a school under registration review and/or replace such school with a new or redesigned school, shall require the prior approval of the commissioner.

(ii) In accordance with the district�s plan for school-based management and shared decisionmaking developed pursuant to section 100.11 of this Part, the school shall develop a comprehensive education plan or modify its existing comprehensive education plan so that such plan shall be:

(a) in a format prescribed by the commissioner;

(b) coordinated with actions planned and taken as part of the district�s corrective action plan;

(c) developed in cooperation with department staff and other persons assigned by the commissioner to assist the school in the development of the education program; and

(d) approved by the board of education of the school district (in New York City, the community school board for schools under its jurisdiction).

(iii) The corrective action plan and the comprehensive education plan shall be submitted to the commissioner no later than July 31st of the school year next following the school year in which the commissioner placed the school under registration review and implemented not later than one month following the commissioner's review. The corrective action plan and the comprehensive education plan shall be revised annually and resubmitted to the commissioner no later than July 31st of each school year in which a school remains under registration review.

(iv) For schools under registration review that receive Title I funds, the corrective action plan and comprehensive education plan shall serve in lieu of a school improvement plan, corrective action plan or restructuring plan, as applicable, to the extent such plans comply with the requirements of section 1116(b) of the NCLB, 20 USC section 6316(b) (Public Law, section 107-110, section 1116(b), 115 STAT. 1479-1487; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(v) The department shall periodically monitor the implementation of the corrective action plan and the comprehensive education 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 corrective action plan and the comprehensive education 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 corrective action plan and a comprehensive education plan.

[(v)] (vi) Unless it is determined by the commissioner 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 this period of time, the school under registration review 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, both the New York City board of education and any community school board having jurisdiction over the school) shall be afforded notice of such recommendation and an opportunity to be heard in accordance with subparagraph [(vi)] (vii) 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 [as amended and approved by the commissioner].

[(vi)] (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.

(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 on student assessments, such petition shall be submitted to the commissioner 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 board of education, pursuant to a corrective action plan approved by the commissioner in accordance with paragraph (10) of this subdivision, seeks to redesign a school under registration review, the board of education (in New York City, the City Board of Education) shall submit a petition to the commissioner requesting that the redesigned school be approved. The commissioner may grant such petition, and the redesigned school may be approved provided that:

(a) official resolutions or other approvals to replace the existing school with the redesigned school have been adopted by the local board of education (in New York City, both the New York City Board of education and the community school board for schools under the jurisdiction of the community school district);

(b) a formal redesign plan has been approved by the district superintendent (in New York City, the chancellor and community school district superintendent working in collaboration);

(c) parents, teachers, administrators, and community members have been provided an opportunity to participate in the development of the redesign plan; and

(d) upon examination of factors including, but not limited to, the school mission, school climate, school administration and staff, grade configurations and groupings of students, zoning patterns, curricula and instruction, professional development programs, facilities, and parent and community involvement in decision making, the commissioner determines that the redesigned school constitutes a new and satisfactory educational program.

(iii) At the time that a redesigned school is approved, the commissioner shall explicitly delineate the student performance results that the school must demonstrate to be removed from registration review. If, after the designated period of time, the school has not demonstrated such results as delineated by the commissioner, the commissioner shall recommend to the Board of Regents that the registration be revoked pursuant to subparagraph (vi) of paragraph (10) of this subdivision.

[(6)] (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 [(4)(vi)] (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.

[(7)] (13) Nonpublic [School] 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

[(ii) Commencing September 1, 2000 the school accountability performance criteria for public schools shall be as specified below:] (14) Public School, School District, and Charter School Accountability Performance Criteria. Commencing with the 2002-03 school year, each district and school accountability group, as defined in subparagraph (i) of paragraph (1) in this subdivision shall be subject to the performance criteria specified below:

[Measure] [Criteria]

(i) Elementary level English Language Arts. [90 percent at or above Level 2 and such percentage at or above Level 3 as shall be annually established by the commissioner to demonstrate that sufficient progress is being made towards ensuring that all students achieve the State learning standards.] Annual measurable objectives, based on a performance index, set at 123 in 2002-03 and 2003-04 and increasing annually in equal increments so as to reach 200 in 2013-2014.

(ii) Middle level English Language Arts. [90 percent at or above Level 2 and such percentage at or above Level 3 as shall be annually established by the commissioner to demonstrate that sufficient progress is being made towards ensuring that all students achieve the State learning standards.] Annual measurable objectives, based on a performance index, set at 107 in 2002-03 and 2003-04 and increasing annually in equal increments so as to reach 200 in 2013-2014.

(iii) Elementary level Mathematics. [90 percent at or above Level 2 and such percentage at or above Level 3 as shall be annually established by the commissioner to demonstrate that sufficient progress is being made towards ensuring that all students achieve the State learning standards.] Annual measurable objectives, based on a performance index, set at 136 in 2002-03 and 2003-04 and increasing annually in equal increments so as to reach 200 in 2013-2014.

(iv) Middle level Mathematics. [90 percent at or above Level 2 and such percentage at or above Level 3 as shall be annually established by the commissioner to demonstrate that sufficient progress is being made towards ensuring that all students achieve the State learning standards.] Annual measurable objectives, based on a performance index, set at 81 in 2002-03 and 2003-04 and increasing annually in equal increments so as to reach 200 in 2013-2014.

(v) [Regents] High School English language arts and mathematics [requirement] requirements. [Reading and Writing 90 percent of students in the annual high school cohort or the alternative high school cohort meet the graduation assessment requirements in English language arts. Mathematics 90 percent of students in the annual high school cohort or the alternative high school cohort meet the graduation assessment requirements in mathematics.] 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.

[Dropout rate 5 percent]

(vi) Beginning with the 2002-03 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 in grades 4 and 8 may be considered to be meeting performance criteria in English language arts if they demonstrate a specified increment of progress on the New York State English as a Second Language Achievement Test for their grade level. For limited English proficient students in grades 4 and 8 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 fourth or eighth grade English language arts assessment.

(vii) For each indicator (i) through (v) above, the commissioner shall also establish a benchmark against which the performance of the accountability group, "all students," defined in paragraph (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 (6) of subdivision (m) 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) An elementary science passing rate of 40 percent in 2002-03 and, beginning in 2003-04, an index of 100 that may be incremented annually, as the commissioner deems appropriate, or, beginning in 2002-2003, progress in relation to performance in the previous school year.

(ii) A middle-level science index of 100 that may be incremented annually, as the commissioner deems appropriate, or progress in relation to performance in the previous year.

(iii) 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 diploma (with or without a Regents endorsement) by August 31 of the fourth calendar year after first entering 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 31 of the fifth calendar year after first entering grade 9.

[iii] (16) Annual [or alternative] high school or high school alternative cohort. [(a)] (i) Except as provided in clauses [(b) and (c)] (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 (v) of paragraph (14) of this subdivision and identifying schools for registration review pursuant to paragraph (9) of this subdivision for any given year shall consist of those students who first enrolled in ninth grade three years previously anywhere and who were [also] enrolled in the school on the first Wednesday in October of the previous school year. The annual district high school cohort for purposes of determining such adequate yearly progress for any given year shall consist of those students who first enrolled in ninth grade three 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 previous school year. [except that for the 1999-2000 school year annual high school cohort, the date of enrollment shall be June 18, 1999. Commencing with the 2000-2001 year cohort, students] Students with disabilities in ungraded programs shall be included in the annual district and high school cohort in the fourth school year following the one in which they attained the age of 16.

[(b)] (a) The following students shall not be included[, except pursuant to clause (c) of this subparagraph,] in the annual high school cohort: [limited English proficient students who are English language learners and new immigrants who first enter a New York State high school after their 17th birthday and are assigned to grade 9 or 10,] students who transferred to another high school or approved alternative high school equivalency or high school equivalency preparation program, or criminal justice facility, who left the United States or its territories, or who are deceased. The following students who first entered grade 9 in the 1999-2000 school year shall not be included in the annual high school cohort for the 2003-04 school year: limited English proficient students who are new immigrants who first enter a New York State high school after their seventeenth birthday and are assigned to grade nine or ten and students with severe disabilities who are eligible to take the New York State Alternate Assessment. [For the 1999-2000 school year high school cohort, students with disabilities whose individualized education programs (IEPs) do not include assessments required for a high school diploma and therefore are pursuing IEP diplomas may also be excluded from the cohort.]

(b) The following students shall not be included in the annual district high school cohort: students who transferred to a high school that is not a component of the district or to an approved alternative high school equivalency or high school equivalency preparation program or criminal justice facility, who left the United States or its territories, or who are deceased. The following students who first entered grade 9 in the 1999-2000 school year shall not be included in the annual district high school cohort for the 2003-04 school year: limited English proficient students who are new immigrants who first enter a New York State high school after their seventeenth birthday and are assigned to grade nine or ten and students with severe disabilities who are eligible to take the New York State Alternate Assessment.

[(c) Commencing with 2000-2001 school year test administration results, the commissioner may use the results from a State English language assessment instrument to determine whether for school accountability purposes limited English proficient students who are English language learners and new immigrants who first enter a New York State high school after their 17th birthday and are assigned to grade 9 or 10 shall be considered to have met the English language arts graduation assessment requirement. Students with severe disabilities who will be participating in the alternate assessment, as indicated in their Individualized Education Programs, will not be included in the cohort.]

(ii) For purposes of determining adequate yearly progress on the indicator set forth at subparagraph (iii) of paragraph (15) of this subdivision, the graduation rate cohort for each public school, school district, and charter school for each school year from 2002-03 until 2005-06 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.

[(d) All schools with students who meet the criteria specified in clause (a) of this subparagraph are required to report the number and performance of these students in a format specified by the commissioner.]

[(e)] (iii) The [alternative] high school alternative cohort in any given year shall consist of those students enrolled in the high school on the first Wednesday of October [of the previous school year who were also enrolled in the school in 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.

[(iv) Beginning with the 1998-99 school year test administrations, for purposes of the commissioner�s annual evaluation of public schools, some categories of limited English proficient students who are English language learners may be considered to be meeting performance criteria in English language arts if they demonstrate a specified increment of progress on the an English language assessment instrument approved by the commissioner.

(v) Beginning with 1996-1997 school year test administrations, the commissioner shall require that districts report by school the results on State tests of students with disabilities receiving resource room, consultant teacher and related services. Beginning with 1997-98 school year test administrations, the commissioner shall require that districts report by school the results of all students with disabilities who participate in the State testing program. The commissioner shall consider these results in determining the registration status of a school. Beginning with 1998-99 school year test administrations the commissioner shall include the performance of all special education students reported at the school in calculating whether a school is farthest from meeting State school performance standards.

(vi) For purposes of the commissioner�s annual evaluation of schools, the performance of students whose date of first enrollment in the school occurred after the date on which BEDS forms are completed may be excluded from consideration.

(8) Schools farthest from meeting a school accountability performance criterion, schools below a school accountability performance criterion and schools meeting all performance criteria. The commissioner shall establish adequate yearly progress targets for each school performing below a school accountability performance criterion. Such targets shall be based upon closing the gap between the school accountability performance criteria specified in subparagraph (7)(ii) of this subdivision and the school�s performance in the school year in which it initially performs below a criterion. A school improvement plan in such format as may be prescribed by the commissioner shall be developed by each school that fails to achieve its adequate yearly progress targets. Such school improvement plan shall be formally approved by the Board of Education (in New York City, the community school board for schools under the jurisdiction of a community school board) no later than July 31st of each year in which such plan is required; shall be implemented no later than the last day of the first month of regular student attendance of each such school year; and shall be reviewed and updated annually for each school year in which the school does not achieve its adequate yearly progress targets. The commissioner shall designate as rapidly improving those schools that exceed all of their adequate yearly progress targets by an amount determined by the commissioner and in which all designated disaggregated student populations exceed the school�s adequate yearly progress target. A public school that does not meet the adequate yearly progress targets established by the commissioner shall be identified as a school in need of improvement.

(9) Removal of schools from registration review. (i) In the event that a school has demonstrated the progress necessary to be removed from registration, the board of education may petition the commissioner to remove the school from registration review. If such petition is based upon results on student assessments, such petition shall be submitted to the commissioner 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 (3) of this subdivision remain present in the school.

(ii) In the event that a board of education, pursuant to a corrective action plan approved by the commissioner in accordance with paragraph (4) of this subdivision, seeks to close a school under registration review and replace the closed school with a redesigned school, the board of education (in New York City, the City board of education) shall submit a petition to the commissioner requesting that the redesigned school be provisionally registered. The commissioner may grant such petition, and the redesigned school may be granted provisional registration provided that:

(a) official resolutions to open the redesigned school have been adopted by the local board of education (in New York City, both the New York City board of education and the community school board);

(b) a formal redesign plan has been approved by the district superintendent (in New York City, the chancellor and community school district superintendent working in collaboration);

(c) parents, teachers, administrators, and community members have been provided an opportunity to participate in the development of the redesign plan; and

(10) At the time that a redesigned school is granted provisional registration, the commissioner shall explicitly delineate the student performance results that the school must demonstrate in order to receive full registration. If, after the designated period of time, the school has not demonstrated such results as delineated by the commissioner, the commissioner shall recommend to the Board of Regents that the provisional 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 such results. If, after the designated period of time, the school has demonstrated such results, the commissioner shall recommend to the Board of Regents that full registration be granted to such school.]

[(11)] (17) Identification of programs for high school equivalency program review.

(i) Each year, commencing with [2001-02] 2002-2003 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 [math] 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.

(c) students under the age of 21 who complete fewer than 150 hours of instruction who receive a high school equivalency diploma or [advance one high school equivalency literacy level in reading and math if the student upon entering the program is assessed on an instrument approved by the commissioner to have a reading or mathematics level above grade nine; and] continue in the program during the subsequent school year.

[(d) students under the age of 21 who complete fewer than 150 hours of instruction who advance one high school equivalency literacy level in reading or math 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.]

(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[, which may include supplemental performance program indicators approved by the commissioner].

(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.

[(vii)] (18) High school equivalency program approval review.

[a] (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.

[(b)] (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.

[(c)] (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.

[(viii)] (19) Removal of high school equivalency programs from high school equivalency program review.

[(a)] (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.

[(b)] (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:

[(1)] (a) the school�s chief administrative officer has designated a staff member to provide leadership to the program;

[(2)] (b) the class size does not exceed 15 students for the first year of program;

[(3)] (c) quarterly progress reports will be submitted for the first year;

[(4)] (d) a minimum of 20 hours of staff development will be offered to all teachers and administrators involved with the program; and

[(5)] (e) such other information as required by the commissioner.

[(12)As used in this subdivision, the terms:

(i) Board of education shall mean the trustees or board of education of any public school district, a board of cooperative educational services (BOCES) or a county vocational education and extension board that has jurisdiction over a public school.

(ii) School district shall mean a common, union free, central, central high school, city or community school district a BOCES supervisory district or a county vocational education and extension board.

(iii) Level 2 means a score on the State elementary and middle level assessments that indicates that a student demonstrates some knowledge and skills of the standards assessed at the elementary or middle school level but that it is expected that the student will need extra help to meet the standards and pass the Regents examination.

(iv) Level 3 means a score on the State elementary and middle level assessments that indicates that a student�s performance meets the standards assessed at the elementary or middle school level and, with continued steady growth, the student should pass the Regents examination

(v) Disaggregated student population means a group of students within a school for which the State Education Department disaggregates results on State assessments. Disaggregated student populations may include groupings based upon gender, race and ethnicity and, English proficiency, disability, migrant, and economic status.

(vi) School accountability performance criteria means the State standard for aggregated student performance on required State assessments as specified in paragraph (7) of this subdivision.

(vii) High school equivalency literacy levels means the level that a student tested on reading and mathematics assessments approved by the commissioner divided into the following grade levels; 0.0-1.9, 2.0-3.9, 4.0-5.9, 6.0-8.9, 9.0-10.9, and 11.0 and above.

(viii) Alternate assessment means the State assessment for students with severe disabilities to enable them to demonstrate the attainment of knowledge, skills, and understandings that such students are expected to know and be able to do, as indicated in their individualized education programs. The alternate assessment measures the progress of students with severe disabilities in the State learning standards and alternative performance indicators. Students with severe disabilities are defined in section 100.1(t)(2)(iv) of this Part.]

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 215, 305(1) and (2), 309, 1608, 1716, 2554(24), 2590-e(23), 2590-g(21), 2601-a(7) and 3713(1) and (2)

Subdivision (m) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective August 7, 2003, as follows:

(m) [Comprehensive assessment report for nonpublic schools and public school performance report] Public Reporting Requirements.

(1) The New York State School Report Card for each public school and school district, except charter schools and the New York City school district, shall consist of the following reports prepared by the Education Department:

(i) Overview of School Performance and Analysis of Student Subgroup Performance;

(ii) the Comprehensive Information Report;

(iii) the School Accountability Report; and

(iv) for public school districts, the Fiscal Supplement.

The chancellor of the New York City School District shall produce a New York City School Report Card, as approved by the commissioner. [By September 30, 1997 and by September 1st of each year thereafter, the State Education Department will notify each school district, and each nonpublic school of the date they shall receive their preliminary State test results and the date by which the]

(2) The superintendent of each public school [shall submit a public school performance report on measures of academic performance and attendance, suspension and drop-out rates for each school] district, except the New York City School District, shall present the New York State School Report Card to the board of education of such district at a public meeting within thirty (30) calendar days of the commissioner�s release of each report. In New York City, the chancellor shall present, in this same time period, the New York City School Report Card to the New York City board of education.

(3) Each board of education shall make its report card available by appending it to copies of the proposed 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.

(4) To satisfy the local report card requirements under section 1111(h)(2) of the No Child Left Behind Act, 20 USC section 6311(h)(2), each public school principal and each principal of a charter school receiving federal funding under Title I shall distribute, within thirty (30) calendar days of the commissioner�s release of such reports, copies of the Overview of School Performance and Analysis of Student Subgroup Performance and the School Accountability Report for the school and the district, or, in the New York City School District, the New York City Report Card to the parent of each student. A district or charter school may add any other appropriate information. Such additional information also must be distributed to the parent of each student and must be made widely available through public means, such as posting on the Internet, distribution through the media, and distribution through public agencies. To the extent practicable, the district or charter school shall provide the reports and additional information in a language that the parents can understand.

[(1)] (5) The comprehensive assessment report for each nonpublic school will include the following information, for each school building, for the three school years immediately preceding the school year in which the report is issued:

(i) student test data on [all,] the elementary and middle level English language arts and mathematics assessments in the New York State Testing Program, [all] the Regents competency tests, [all] the program evaluation tests, all Regents examinations, [all] the [career education proficiency examinations] introduction to occupationsexaminations, and [all] the second language proficiency examinations as defined in this Part;

(ii) student enrollment by grade;

(iii) number of students transferred into the alternative high school and high school equivalency preparation programs as set forth in section 100.7[(i)] of this Part;

(iv) data as required by the commissioner, on diplomas and certificates awarded;

(v) any additional information prescribed by the commissioner on educational equity and other issues; and

(vi) any additional information which the chief administrative officer of the nonpublic school believes will reflect the relative assessment of a school building or district.

The chief administrative officer of each nonpublic school shall initiate measures designed to improve student results wherever it is warranted. The chief administrative officer of each nonpublic school shall be responsible for making the comprehensive assessment report accessible to parents.

[(2) The public school performance report submitted by each school superintendent (in New York City, both the chancellor and the community school district superintendent for any schools under the jurisdiction of a community school board) shall include a copy of the New York State school report card for each school building in the school district and any additional information which the superintendent of the school district believes will reflect the relative assessment of a school building or district. The public school performance report shall also contain a district summary and school by school results for:

(i) student test data on all[,] elementary and middle level English language arts and mathematics assessments, all Regents competency tests, all program evaluation tests, all Regents examinations, all career education proficiency examinations, and all second language proficiency examinations as defined in this Part that are not presented in the New York State school report card;

(ii) number of students transferred into the alternative high school and high school equivalency preparation programs as set forth in section 100.7(i) of this Part;

(iii) data, as required by the commissioner, on diplomas and certificates awarded, and

(iv) any additional information prescribed by the commissioner on educational equity and other issues.]

[(3)] (6) In accordance with the district�s plan for school-based management and shared decisionmaking developed pursuant to section 100.11 of this Part, each board of education through the superintendent shall initiate measures designed to improve student achievement on the State learning standards [results related to State performance standards]. In any district in which a school performs below [the school accountability performance criteria specified in paragraph (p)(8) of this section] the benchmark established by the commissioner pursuant to paragraph (14)(vii) of subdivision (p) of this section, a local assistance plan shall be developed by the superintendent of the district (in New York City, the community school district superintendent in the case of any school under the jurisdiction of a community school board) that shall specify the actions that will be taken to raise student results above such benchmark [performance criteria. In lieu of a separate local assistance plan, a district may incorporate the elements of such plan into a comprehensive district education plan]. The local assistance plan shall identify:

(i) the process by which the local assistance plan was developed pursuant to section 100.11 of this Part;

(ii) the resources that will be provided to each school to implement the plan;

(iii) the professional development activities that will be taken to support implementation of the plan;

(iv) the timeline for implementation of the plan; and

(v) such local assistance plan shall be formally approved by the board of education (or in New York City both the New York City board of education and the community school board for schools under the jurisdiction of a community school board) no later than [January 15th] October 15 of the school year in which such plan is required.

(vi) In lieu of a separate local assistance plan, a district may incorporate the elements of such plan into a comprehensive district education plan. A school improvement plan, corrective action plan or restructuring plan developed for a school pursuant to subdivision (p) of this section shall serve in lieu of a local assistance plan for such school.

[(4)] (7) [The public school performance report for districts that are required to develop a local assistance plan shall include a summary of such plan. The public school performance report shall set forth data prescribed by the commissioner pursuant to paragraph (2) of this subdivision. The public school performance report shall also report on the degree to which the previous school year�s local assistance plan met the adequate yearly progress targets established pursuant to subdivision (p) of this section. The local assistance plan shall be made public by the Board of Education on an annual basis according to the timeline established by the commissioner pursuant to this subdivision] The local assistance plan shall annually be made widely available through public means, such as posting on the Internet, distribution through the media, and distribution through public agencies, according to such timeline as may be established by the commissioner.

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 215, 305(1) and (2), 309, 1608(6), 1716(6), 2554(24), 2590-e(23), 2590-g(21), 2601-a(7) and 3713(1) and (2)

Subdivision (bb) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective August 7, 2003, as follows:

100.2 (bb) [School district report cards.] Data Reporting Requirements.

(1) . . .

[(2) School district reporting requirements. Each year, beginning with the 1996-97 school year, each board of education and, in New York City, the City Board of Education and each community board of education, shall prepare a school district report card and shall make it available by appending it to copies of the proposed 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 school district report card shall include:

(i) Measures of academic performance. Each year, the school district report card shall include, on a school-by-school basis, the student academic performance indicators applicable to such school as prescribed by the commissioner for such school year. Such academic performance indicators shall include, but need not be limited to:

(a) the performance of students in such schools on the State performance evaluation tests in reading, writing, mathematics, science and vocational courses; and

(b) the Regents examinations in English and languages other than English, mathematics, science and social studies, as designated by the commissioner. The school district report card shall compare such measures of academic performance to statewide averages for all public schools and statewide averages for public school districts of comparable wealth and need, as developed and distributed by the commissioner.

(ii) Measures of fiscal performance. Each year, the school district report card shall include expenditures per pupil on regular education and expenditures per pupil on special education. The school district report card shall compare such measures of fiscal performance to statewide averages for all public school districts and statewide averages for public school districts of comparable wealth and need, as developed and distributed by the commissioner.

(iii) Special education placements. Each year, the school district report card shall include the number and percentage of students in special education by placement, including both private and public school placements, and a comparison of such percentages to the statewide average.

(iv) Other measures. Each year, the school district report card shall include graduation and college-going rates; and attendance, suspension and dropout rates.

(v) Violent or disruptive incident report. Commencing with the 2002-2003 school year, the school district report card shall include a summary of the district�s annual violent or disruptive incident report in a format containing such information as the commissioner shall prescribe.]

(2) Each public 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 subparagraphs (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 1 through June 30 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

(iii) The annual file for secondary-level students shall contain a record for each student enrolled any time from July 1 through June 30 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).

(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 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 1 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.

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 207, 2857(2) and 3713(1) and (2)

Section 119.3 of the Regulations of the Commissioner of Education is amended, effective August 7, 2003, as follows:

119.3 Charter School [report card] Reporting Requirements.

No later than the first day of August of each year, each charter school shall submit to the Board of Regents and to the charter entity an annual report for the preceding school year, which shall include a charter school report card comprising the data [required in] set forth in subdivisions (a)-(c) of this section.

(a) Basic educational data. Each charter school shall report to the commissioner the following data [as of the first Wednesday in October of the preceding school year in a format] at a time and in a format prescribed by the commissioner:

(1) student enrollment by grade, gender, and race/ethnicity;

(2) data on students by district of residence;

(3) [data on professional staff] professional qualifications of each teacher and classes taught by each teacher;

(4) [data on] the number of students with limited English proficiency;

(5) [data on] the number of students identified as eligible for [the Federal subsidized lunch program] free- and reduced-lunches; [and]

(6) data on technological and media resources; and

(7) any additional information prescribed by the commissioner comparable to the data required of the public schools or required by Federal law or regulation.

(b) Report of academic performance. Each charter school shall report to the commissioner the following data, in a format prescribed by the commissioner [and to the extent required by the commissioner disaggregated by race/ethnicity, poverty, mobility, migrant status, gender, disability, limited English proficiency and grade level]:

(1) [student test data on Grade 4 and 8 English language arts and mathematics assessments, Regents competency tests, program evaluation tests, Regents examinations, career education proficiency examinations and second language proficiency examinations administered to students enrolled in the charter school;] electronic records, in a format prescribed by the commissioner, for each enrolled student who meets one or more of the criteria listed in subparagraphs (ii), (iii) or (iv) of paragraph (2) of subdivision (bb) of section 100.2 of this Title.

(ii) 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.

(iii) Before submitting each file, the principal of the charter school shall certify that the file submitted is complete and accurate and that the principal has had an opportunity to review the summary report for the charter school, based on the file and generated using Department-approved software.

(iv) The charter school files on record in the Department on the dates specified by the commissioner shall be used for all public reporting, including that pursuant to this section and for determining school/district accountability pursuant to subdivision (p) of section 100.2 of this Title.

(v) The student files shall contain any additional information the commissioner may deem necessary.

(2) for charter schools serving grades kindergarten through eight, the number of students who left the charter school during such school year and entered another school program[, high school equivalency preparation program,] or home schooling;

(3) [the number of students who left the charter school during such school year prior to graduation for any reason except death and did not enter another school program, high school equivalency preparation program, or home schooling;

(4) numbers and types of diplomas and certificates awarded;

(5) the number of students who were suspended from school;

(6) the number of students who were retained in grade;

(7) the distribution of graduates to postsecondary education, employment and the military;

(8)] the number of students who applied and the number who were admitted;

[(9) the average annual attendance rate; and] (4) student attendance;

(5) violent and disruptive incidents; and

[(10)] (6) any additional information prescribed by the commissioner comparable to data required of the public schools or required by Federal law or regulation.

(d) To satisfy the local report card requirements under section 1111(h)(2) of the No Child Left Behind Act, 20 USC section 6311(h)(2), each charter school receiving federal funding under Title I must meet the requirements set forth at paragraph (4) of subdivision (m) of section 100.2 of this Title.

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Meeting of the Board of Regents | July 2003

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