Meeting of the Board of Regents | September 2003

Monday, September 1, 2003 - 3:40am

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:
TITLE OF ITEM:	Alternative Approaches for Implementation of the Regents Policy Statement on Middle-Level Education
DATE OF SUBMISSION:	August 25, 2003
PROPOSED HANDLING:	Discussion
RATIONALE FOR ITEM:	Implementation of Regents Policy
STRATEGIC GOAL:	Goals 1, 2, and 3
AUTHORIZATION(S):

SUMMARY:

In July 2003, the Board of Regents adopted a new Regents Policy Statement on Middle-Level Education. The next phase of work focuses on reviewing approaches for implementing the policy statement. As part of this phase, you received a report that describes and discusses critical conceptual areas identified during the public engagement process on the draft policy statement that require review, EMSC-VESID (D) 1. The attached report complements that report with:

For each of the critical conceptual areas, a synopsis that reflects three discrete approaches for implementation: prescriptive, flexible and minimalist;
An analysis of the level of prescriptiveness in each aspect in current middle level regulations; and
Three possible approaches ("models") which vary in their levels of prescriptiveness in such dimensions as outcomes, structure, program and supports.

During fall 2003, an extensive public engagement process will be employed to solicit comment and reaction to the critical conceptual issues and the alternative approaches for implementation. The data and information gathered during the public engagement process will inform the review and revision of Commissioner�s Regulations related to the middle grades, scheduled to be decided by the Regents in February 2004.

The tentative schedule for Regents action is as follows:

September 2003: The Regents review and discuss the critical conceptual areas and alternative approaches.
September � November 2003: The public comments on the critical conceptual areas and alternative approaches.
November 2003: The Regents receive a status report on public comment and reaction to the critical conceptual areas and alternative approaches.
December 2003: The Regents review a draft of proposed changes to Commissioner�s Regulations that reflects public comment and reaction to the critical conceptual areas and alternative approaches.
February 2004: The Regents approve changes in Commissioner�s Regulations. Schools must implement the changes no later than September 2005.

Attachment

ALTERNATIVE APPROACHES FOR IMPLEMENTATION OF THE REGENTS POLICY STATEMENT ON MIDDLE-LEVEL EDUCATION

The State Education Department and the Board of Regents, during the public engagement process associated with the development of the Regents Policy Statement on Middle-Level Education, identified the following critical conceptual areas that require review for implementation of the policy statement: Grade Span; Course of Study (curriculum); Time Requirements (units of study); Accountability (flexibility); Community Service and Career Exploration; Acceleration; Academic Intervention Services (AIS); Assignment of Staff; Teacher Certification; Administrator Certification; Guidance; Discipline; Positive Youth Development; Learning Resources; Professional Learning; Planning Opportunities; Collective Responsibility; Collaboration with Agencies and Community Providers; and Collaboration with Institutions of Higher Education. These areas can be further grouped into six broad thematic categories:

Determining which grades constitute the middle grades (grade span)
Implementing the State�s learning standards and assessments (course of study, time requirements, career exploration, and acceleration)
Providing students with learning supports (Academic Intervention Services, assignment of staff, teacher certification, administrator certification, guidance, discipline, and youth development)
Providing staff with teaching supports (resources, professional learning, planning opportunities)
Ensuring outreach to, and partnering with, the larger community (shared responsibility, community collaboration, collaboration with institutions of higher education)
Providing for local flexibility (accountability related to flexibility)

To examine each of the critical conceptual areas and gather information useful for reviewing regulations, Department staff created a synopsis for analyzing alternative approaches for implementation of the policy statement related to the middle grades (Attachment A). This synopsis displays three discrete and distinct approaches:

Highly prescriptive regulations with minimum local variation or flexibility.
Less restrictive regulations with increased local variation and flexibility.
Minimal regulations with a maximum of local variation and flexibility.

As the report developed by the District Superintendents, the "Bill of Rights for Students in the Middle-Grades" issued by New York State United Teachers, the position paper written by the New York State Middle School Association, and the critique of the critical conceptual areas prepared by the New York State Technology Education Association illustrate, there are different opinions about which approach is best suited to each of the conceptual areas. The best model may not be a "pure model"; rather, it may be a "hybrid" model that takes a highly prescriptive approach to a particular critical conceptual area, a less restrictive approach to another area, and a minimalist approach to a third area. In fact, analysis reveals that the level of prescriptiveness varies among different aspects of current middle level regulations (Attachment B).

To assist the Regents and the field in considering alternative approaches for implementation, three possible "models" are included in Attachment C.

Model A is prescriptive in structural and program areas, while permitting a degree of local discretion in many of the support areas. For example, in this model, grade configuration, course delivery schedule, time requirements, and the academic intervention services program for students would be closely regulated. However, greater flexibility would be granted concerning time requirements, the course delivery schedule, staff assignments, professional development, planning opportunities for staff and school involvement with the larger community.

Model B is prescriptive in structural and support areas, while providing greater flexibility in program areas. For example, specific guidance plans, codes of conduct, staff planning, professional development and shared decision-making opportunities would be required as would involvement with higher education institutions, social services agencies and community-based organizations. However, greater flexibility would be granted in such areas as time requirements and the course delivery schedule.

Model C would permit considerable local discretion in all three areas (structure, program and support), as districts prepare their students to achieve the State Learning Standards.

The three models are illustrative of the many that are possible. The Regents will need to determine which model best carries out the intent of the new Regents Policy Statement on Middle Level Education.

Attachment A

Analysis of Alternative Approaches Related to the Middle Grades

Design Principle	Conceptual Area	Prescriptive Regulations	Flexible Regulations	Local Discretion Based on SED Guidance*
Determining which grades constitute the middle grades	Grade Span	Regulations define which specific grades constitute the middle grades.	Regulations do not define "middle grades" but they require aligned curriculum/instruction for grades 5, 6, 7, and 8.	Middle grades are defined so districts can organize standards-based curriculum to meet the intermediate-level State Learning Standards.
Implementing the State�s 28 Learning Standards and assessments	Course of Study	In each middle grade, all 28 Learning Standards are taught to all students.	By the end of grade 8, all students will have received instruction in the 28 Learning Standards.	Local schools will demonstrate that students achieve the 28 Learning Standards at the intermediate level by the end of grade 8.
	Time Requirements	Specified amount of instructional time each year related to each of the 28 Learning Standards.	By the end of grade 8, each student will receive a specified amount of time in each of the seven Learning Standards subject areas.	Local schools will provide students 900 hours of instruction per year in the 28 Learning Standards.
	Career Exploration	Students required to receive instruction in career exploration and planning.	Students required, by the end of grade 8, to have prepared a personal career development plan.	Local school districts decide if and when students receive career instruction or develop a career plan.
	Acceleration	Districts required to provide opportunity for acceleration.	Districts encouraged, but not required, to provide opportunity for acceleration.	Local school boards determine the offerings of high school courses for acceleration.
Providing students with learning supports	AIS	Timely AIS required for all students at risk as per specific regulatory prescription.	Districts required to develop a plan to provide AIS for all students at risk of not meeting the State�s Learning Standards.	Districts and schools that are SURR will develop and implement individually designed and timely AIS plans.
	Staff Assignment	Schooling, training, and certification determine assignment.	Districts and schools allowed flexibility to assign staff to teach courses for which they are qualified but not certified.	Local schools meet the minimum "highly qualified" NCLB requirements.
	Teacher Certification	Specific schooling and training determine certification requirements for a middle grades teacher.	General areas of pre-service preparation required for teachers in the middle grades.	Local school districts determine pre-service preparation for teachers in the middle grades.
	Administrator Certification	Specific schooling and training determine certification requirements for a middle grade administrator.	General areas of pre-service preparation required for administrators of schools with middle grades.	Local school districts determine pre-service preparation for administrators in the middle grades.
	Guidance	Guidance plan required that includes pre-vocational aspirations.	Districts provide opportunity for exploring pre-vocational aspirations by end of grade 8.	Guidance policies and practices are local decisions.
	Discipline	School-wide discipline procedures established based upon positive behavioral interventions and support.	A school climate based upon positive behavioral interventions and support is an expectation.	Discipline policies and practices are local decisions.
	Youth Development	Districts required to develop Memorandums of Agreement (MOAs) with partners that will provide positive youth experiences, e.g., clubs, sports, service learning, mentoring, etc.	Districts provide opportunities for positive youth experiences and report annually to the board of education.	Districts provide opportunities for positive youth experiences using local community resources.
Providing staff with teaching supports	Resources	Specify what learning aids (resources) must be available for each course.	Districts develop plan to ensure that up-to-date learning aids (resources) are available in classrooms.	Local school districts determine adequacy and availability of resources.
	Professional Learning	Specific professional learning experiences mandated for middle grades educators.	Districts required to ensure teachers and administrators working with young adolescents are skilled and knowledgeable.	Professional learning policies and practices are local decisions.
	Planning Opportunity	Schools required to provide a specific number of hours weekly of dedicated planning time.	Districts required to provide opportunities for middle grades teachers to work together on curricular, instructional, and student-related issues.	Planning time for middle grade teachers is decided locally (contractually).
Ensuring outreach to, and partnering with, the larger community	Shared Responsibility	Schools required to involve students, parents (non-educators) and community representatives in decision-making.	Schools required to involve parents on shared decision-making/school-based planning teams.	Local school districts determine participation in decision-making.
	Community Collaboration	Schools required to develop Memorandums of Understanding (MOUs) with health and social services providers.	School districts required to develop a plan for establishing school/community partnerships.	Local school boards periodically discuss available options for community collaboration.
	Higher Education Collaboration	Schools required to develop MOUs with at least one higher education institution that provides peer-reviewed, research-based approaches to instruction.	School districts required to develop a plan for establishing partnerships with one or more higher education institutions to learn about peer-reviewed, research-based approaches to instruction.	Local school boards periodically determine the means for providing its professional staff with peer-reviewed, research-based approaches to instruction.
Providing for local flexibility	Performance -Based Regulation	All schools provide comprehensive program with specific units of study, but can "reduce but not eliminate" instruction in a required course for individual students requiring AIS.	Schools may meet program requirements through units of study or by providing an integrated program, evaluating its impact in terms of student learning, and publicly reporting the results.	Districts are allowed to develop their own educational program to assure that all students are receiving instruction in each of the 28 Learning Standards.

Non-regulatory guidance would include, but not be limited to, "Q and A" documents, descriptions of best practice, identification of exemplary schools and programs, research briefs, Requests for Application criteria, self-evaluation rubrics, publications like the Essential Elements of Standards-Focused Middle-Level Schools and Programs, etc., and would be suggestive rather than prescriptive.

Attachment B

Current Middle Level Regulations

(Parts 80, 100.2, 100.4)

Design Principle	Conceptual Area	Prescriptive Regulations	Flexible Regulations	Local Discretion Based on SED Guidance
Determining which grades constitute the middle grades	Grade Span	Regulations define which specific grades constitute the middle grades.
Implementing the State�s 28 Learning Standards and assessments	Course of Study	In each middle grade, all 28 Learning Standards are taught to all students.
	Time Requirements	Specified amount of instructional time each year is related to each of the 28 Learning Standards.
	Career Exploration	Students required to receive instruction in career exploration and planning.
	Acceleration	Districts required to provide opportunity for acceleration.
Providing students with learning supports	AIS		Districts required to develop a plan to provide AIS for all students at risk of not meeting the State�s Learning Standards.
	Staff Assignment	Districts required to staff classrooms with certified, qualified teachers.
	Teacher Certification		General areas of pre-service preparation required for teachers in the middle grades.
	Administrator Certification		General areas of pre-service preparation required for administrators in the middle grades � preparation is not specific to middle grades.
	Guidance		Districts required to prepare a guidance plan that includes the middle grades.
	Discipline		Districts required to develop a policy on school conduct and discipline and a code of conduct that include the middle grades.
	Youth Development			Districts provide opportunities for positive youth experiences using local community resources.
Providing staff with teaching supports	Resources			Local school districts determine adequacy and availability of resources.
	Professional Learning		Districts required to prepare a professional development plan that includes middle grades teachers.
	Planning Opportunity			Planning time for middle grade teachers is decided locally (contractually).
Ensuring outreach to, and partnering with, the larger community	Shared Responsibility		Schools required to involve parents on shared decision-making/school-based planning teams.
	Community Collaboration			Local school boards periodically discuss available options for community collaboration.
	Higher Education Collaboration			Local school boards periodically determine the means for providing its professional staff with peer-reviewed, research-based approaches to instruction.
Providing for local flexibility	Performance -Based Regulation	All schools provide comprehensive program with specific units of study, but can "reduce but not eliminate" instruction in a required course for individual students for AIS.

Attachment C

Model A

Regulated Program and Structure

Flexible Supports

Design Principle	Conceptual Area	Prescriptive Regulations	Flexible Regulations	Local Discretion Based on SED Guidance
Determining which grades constitute the middle grades	Grade Span	Regulations define which specific grades constitute the middle grades.
Implementing the State�s 28 Learning Standards and assessments	Course of Study	All students required to receive instruction in the 28 Learning Standards in each of the middle grades (similar to current regulations).
	Time Requirements	Each student will receive a specific amount of instructional time dedicated to the 28 Learning Standards in each of the middle grades (similar to current regulations).
	Career Exploration		Students required, by the end of grade 8, to have prepared a personal career development plan.
	Acceleration		Districts encouraged, but not required, to provide opportunity for acceleration.
Providing students with learning supports	AIS	Require targeted and timely AIS for all students at risk as per specific regulatory prescription.
	Staff Assignment		Districts and schools allowed [limited] flexibility to assign staff to teach courses for which they are qualified but not certified.
	Teacher Certification	Specific schooling and training determine certification requirements for a middle grades teacher.
	Administrator Certification	Specific schooling and training determine certification requirements for a middle grades administrator.
	Guidance		Districts provide opportunity for exploring pre-vocational aspirations by end of grade 8.
	Discipline		A school climate based upon positive behavioral interventions and support is an expectation.
	Youth Development			Districts provide opportunities for positive youth experiences using local community resources.
Providing staff with teaching supports	Resources			Local school districts determine adequacy and availability of resources.
	Professional Learning		Districts required to ensure teachers and administrators working with young adolescents are skilled and knowledgeable.
	Planning Opportunity		Districts required to provide opportunities for middle grade teachers to work together on curricular, instructional, and student-related issues.
Ensuring outreach to, and partnering with, the larger community	Shared Responsibility		Schools required to involve parents on the shared decision-making/school-based planning teams.
	Community Collaboration		School districts required to develop a plan for establishing school/community partnerships.
	Higher Education Collaboration	Schools required to develop MOUs with at least one higher education institution that provides peer-reviewed, research-based approaches to instruction.
Providing for local flexibility	Performance -Based Regulation		Schools may meet program requirements through units of study or by providing an integrated program, evaluating its impact in terms of student learning, and publicly reporting the results.

Model B

Regulated Structure and Support

Flexible Program

Design Principle	Conceptual Area	Prescriptive Regulations	Flexible Regulations	Local Discretion Based on SED Guidance
Determining which grades constitute the middle grades	Grade Span	Regulations define which specific grades constitute the middle grades.
Implementing the State�s 28 Learning Standards and assessments	Course of Study		By the end of grade 8, all students will have received instruction in the 28 Learning Standards.
	Time Requirements		By the end of grade 8, each student will receive a specified amount of time in each of the seven Learning Standards subject areas.
	Career Exploration			Local school districts decide if and when students receive career instruction or develop a career plan.
	Acceleration		Districts encouraged, but not required, to provide opportunity for acceleration.
Providing students with learning supports	AIS	Require targeted and timely AIS for all students at risk as per specific regulatory prescription.
	Staff Assignment		Districts and schools allowed flexibility to assign staff to teach courses for which they are qualified but not certified.
	Teacher Certification	Specific schooling and training determine certification requirements for a middle grades teacher.
	Administrator Certification	Specific schooling and training determine certification requirements for a middle grade administrator.
	Guidance	Guidance plan required that includes pre-vocational aspirations.
	Discipline	School-wide discipline procedures established based upon positive behavioral interventions and support.
	Youth Development	Districts required to develop MOAs with partners that will provide positive youth experiences, e.g., clubs, sports, service learning, mentoring, etc.
Providing staff with teaching supports	Resources		Districts develop plan to ensure that up-to-date learning aids (resources) are available in classrooms.
	Professional Learning	Specific professional learning experiences mandated for middle grade educators.
	Planning Opportunity	Schools required to provide a specific number of hours weekly of dedicated planning time.
Ensuring outreach to, and partnering with, the larger community	Shared Responsibility	Schools required to involve students, parents (non-educators) and community representatives in decision-making.
	Community Collaboration	Schools required to develop MOUs with health and social services providers.
	Higher Education Collaboration	Schools required to develop MOUs with at least one higher education institution that provides peer-reviewed, research-based approaches to instruction.
Providing for local flexibility	Performance -Based Regulation		Schools may meet program requirements through units of study or by providing an integrated program, evaluating its impact in terms of student learning, and publicly reporting the results.

Model C

Local Discretion in Structure, Program and Support

Design Principle	Conceptual Area	Prescriptive Regulations	Flexible Regulations	Local Discretion Based on SED Guidance
Determining which grades constitute the middle grades	Grade Span		Regulations do not define "middle grades" but they require aligned curriculum/instruction for grades 5, 6, 7, and 8.
Implementing the State�s 28 Learning Standards and assessments	Course of Study			Local schools will demonstrate that students meet 28 Learning Standards at the intermediate level by the end of grade 8.
	Time Requirements			Local schools will provide students 900 hours of standards-based instruction per year.
	Career Exploration			Local school districts decide if and when students receive career instruction or develop a career plan.
	Acceleration			Local school boards determine the offerings of high school courses for acceleration.
Providing students with learning supports	AIS			Districts and schools that are SURR will develop and implement individually designed and timely AIS plans.
	Staff Assignment			Local schools meet the minimum "highly qualified" NCLB requirements.
	Teacher Certification		General areas of pre-service preparation required for teachers in the middle grades.
	Admin. Certification		General areas of pre-service preparation required for administrators of schools with middle grades.
	Guidance			No addition to existing guidance regulations.
	Discipline			No addition to existing school conduct and discipline regulations.
	Youth Development			Districts provide opportunities for positive youth experiences using local community resources.
Providing staff with teaching supports	Resources			Local school districts determine adequacy and availability of resources.
	Professional Learning		Districts required to ensure teachers and administrators working with young adolescents are skilled and knowledgeable.
	Planning Opportunity			Planning time for middle grade teachers is decided locally (contractually).
Ensuring outreach to, and partnering with, the larger community	Shared Responsibility			Local school districts determine participation in decision-making.
	Community Collaboration			Local school boards periodically discuss available options for community collaboration.
	Higher Education Collaboration			Local school boards periodically determine the means for providing its professional staff with peer-reviewed, research-based approaches to instruction.
Providing for local flexibility	Performance-Based Regulation			Districts are allowed to develop their own educational program to assure that all students are receiving instruction in each of the 28 Learning Standards.

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