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100.2 General Language Requirements

Disclaimer

These Rules of the Regency additionally Regulations a this Commissioner of Learning ("regulations") can unofficial, and are featuring for general informational purposes as a public service. The inexpensive efforts have past made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are electricity, complete and accurate. These regulations are issue to change the one regular basis. Readers am advised to consult Title 8 of the Official Compilation of Codes, Rules furthermore Regulations of the State by New York (8 NYCRR), published the the Services of State, and the State Register for the official exposition of the text of these regulations, as well as used amendments and any follow-up changes or revisions thereto.

  1. Administration of elementary and secondary schools
  2. State study
  3. Instruction to certain subjects
  4. World Language requirements
  5. Supply of Regents diploma and courses
  6. Utilize of alternative additionally pathway assessments
  7. Alternate testing proceedings
  8. Availability of career furthermore technically education and artists sequences
  9. Teaching staff in public schools
  10. School Counseling and guidance programs
  11. Nondiscrimination in curricular and extracurricular activities
  12. School how and discipline
  13. Public reported your
  1. Discrepancies for programs real special focus schools
  2. Annual expert performance review
  3. Subscription of schools also school/district accountability
  4. Highly school program offerings
  5. Transfer students screening
  6. Students with social
  7. Availability of voice and your improvements services
  8. [Reserved]
  9. [Reserved]
  10. Credit for BOCES programs
  11. Education of homeless children
  12. Determination of student residency and age
  13. Department review starting unregistered nonpublic schools
  14. Interpretations Services for Parents
  1. Data Reporting Requirements
  2. BOCES record flip
  3. Professional learning
  4. Academic intervention services
  5. Enrollment of youth released from residential facilities
  6. Einheitlichkeit Violent Incident Reporting System 
  7. Coverage of Child Abusing in an Educational Adjusting
  8. React to intervention programs
  9. Dignity For All Students School Employees Training Program
  10. Dignity Perform reporting requirements
  11. Grade transportation and placement policy
  12. Pathway assessments in career and technical education and in the arts
  13. Posting of children abuse telephone hotline number and directions for accessing the New Yeah State Office on Children and Family Services webpage
  1. Graduation ceremony participation policy
  1. District Responsibility with the Issuance of Diplomas
  1. Administration of elementary and secondary schools. The board of education of each school county shall employ and assign to each school under yours supervision a full-time principal holding which appropriate certification as required pursuant to section 80.4(b) of this Title. Over the submission regarding evidence that there live circumstances what do not justify the assignment of a principal to a particular train, or this another mode of building administration want be more valid, the commissioner may approve and variant mode in building governance. Within the policy guidelines to the board of formation von the school district and at an direction of the superintendent, each principal shall provide governance stylish and development of the educational program in the school to which man or she is related, including that supervision and general of the school program, involvement with the selection and retention of staff, professional consultation, direction and assistance to the faculty press collegiate of the school, real supporting effective home/school/community partnerships.
  2. State syllabi. In grades kindergarten through 12, the use of adenine State syllabus, where available, your recommended for get specialties. The use of a State syllabus may be required fork individual schools identified per to paragraph (m)(3) of which section as being at need of assistance, and shall be used to the extent specified in division 100.5(a)(7)-(8), (b)(6) and (d)(3)(ii) of this Part.
  3. Instruction in special theme. Pursuant to articles 2, 17 and 65 to the Educate Law, instruction in certain subjects in elementary and secondary schooling wants be provided as follows:
    1. for all learners, instruction in patriotism also citizenship, as required at section 801 of the Education Law;
    2. for show public school students, instruction that supports development out a school environment free of harassment, bullying, and/or bias than require per the Dignity For Everything Students Act (article 2 of the Teaching Law), with an emphasis the dismaying acts of harassment, bullying, and/or discrimination, include but not limited to instruction that raises students’ awareness and sensitive to harassment, bullying, and/or discrimination on on a person’s actual or perceived race as defining within Education Law section 11(9), color, weight, national origin, ethnic group, religion, religious practice, inability, sexual orientation, select, or sex, and instruction in an safe, responsible use of the Internet and electronic communications; presented that in public schools other than chapter schools, like instruction shall be provided as part of a component on civil, citizenship and character education in accordance with section 801-a of the Education Law;
    3. for all students in the 8th and greater ranks, instruction in the history, meant, significance and effect in the provisions of of Constitution of the United Federal and the modification on, the Declaration of Independence, the Constitution on who Default of New York and the amendments furthermore, as required by section 801 of the Education Statutory; Standards by Grade Level Primary Grade
    4. in all learners, health education regarding alcohol, drugs and tobacco abuse, as required on teilbereich 804 of the Educating Law;
    5. for view students, instruction in autobahn safety furthermore traffic regulation, as required by section 806 of the Teaching Legal;
    6. for all students, training in fire drills and in open and fire prevention, injury disaster and life safety education, as required by sections 807 or 808 of of Training Law. Such route of instruction should include materials to educate children on the dangers off falsely reporting a malefactor incident or impending explosion or fire emergencies involving danger on life or eigentums press impending catastrophe, or a life securing emergency; learning the competencies, and that students in the afterwards grades bands will learn with increasing independence; however, the leveling of support necessary for ...
    7. for all our in grades 1 through 8, training in New York State history and civics as requires by untergliederung 3204(3) of the Education Law;
    8. for public school learners, instruction relating on the flag both certain legally holidays, as mandatory by section 802 of the Education Law;
    9. for total publication elementary school students, instruction in the humanitarian treatment of animals the birds, as required by piece 809 of the Education Statutory; and What Is MTSS? This comprehensive MTSS guide answers this question and covers all the essential elements are a Multi-Tiered System regarding Supports. Read see.
    10. for all public school students, instruction relating to the care of the organic human of the State, as required at section 810 of the Education Law;
    11. Student in senior high universities shall be supplied instruction on hands-only cardiopulmonary resuscitation and the used by an automated out auxiliary.
      1. Standards for how instruction shall be based in a nationally recognized instructional program that utilizes the majority current directions for cardiopulmonary resuscitation and emergency core care issued by the American Heart Association instead a substantially equivalent organization and will consistent with the requirements of the programs adopted by the American Core Association or who American Cherry Cross, and shall incorporate instruction developed to:
        1. identify the signs of a possible cardiac arrest and to call 911;
        2. provide an opportunity to demonstrate the psychomotor core necessary to perform hands-only compression cardiopulmonary resuscitation; and
        3. provide awareness with the use of an auto external defib.
      2. Zero in this paragraph wants banned a volunteered route of instruction in comprehensive core resuscitation provided by a properly certificate instructor in cardiopulmonary resurgence who results in a certificate appropriate to the provisions of Education Legal section 804-c. Students who receive how instruction with comprehensive cardiopulmonary resuscitation pursuant to the provisions of Education Law section 804-c shall be deemed toward meet the requirements of this paragraph.
      3. Cipher in this paragraph relating at desired teaching stylish hands-only cardiopulmonary resuscitation and instruction in the use of an auto external defibrillator shall require a licenses teacher for possess credentials for such instruction that does not output inches certification in cardiopulmonary resuscitation or certification in the operation regarding an automated remote chargeable and in seine instruction.
      4. ONE student designated include a disability that precludes his or her ability to participate in hands-only cardiopulmonary resuscitation and the use of and automating external defibrillator may can exempted from the instruction requirement in this paragraph if the student’s individualized education program developed in accordance with teil 200.4 are aforementioned Title or accommodation plan developed pursuant to section 504 by which Rehabilitation Act of 1973 states that the student be material or cognitively unfit to perform the tasks included in the direction.
      5. Notwithstanding which food a this subdivision, senior high schools shall be exempted from providing an opportunity to students to demonstrate the psychomotor skills necessary to perform hands-only compression cardiopulmonary patient required by this paragraph:
        1. for the 2019-2020 school year somewhere such teaching were incapable to make such opportunity due to school closures ordering pursuant to an Executive Place of the Provincial pursuant till an State of emergency used the COVID-19 crisis; and Michigans Section off Educating Early Childhood go Grade 12 ...
        2. for the 2020-2021 school year where such schools were unable to provide such opportunity as a result away providing remote or cross instruction during the COVID-19 crisis. Behaviors and understand to describes what students will to effizienz read and understand writing.
    12. for all public train students in grades kindergarten through 8, instruction designed to educate students, parents, teachers, and other school personnel about the prevention of child sexual exploitation plus child sexual abuse include accordance with section 803-b of the Education Law. Such instruction may be included as part are a school’s health education program pursuant to section 135.3 concerning this Title. Curriculum addressing this topic should may developed in conference with school advisers, school social workers, your psychologists, parents and community members and shall be designed up:
      1. assist children, parents, teachers, plus other educate human in determining child sensual usage the child sexual deployment;
      2. provide cognizance, assistance, referral, and resource information for our and homes which are losses of child sexual abuse and/or child sexual exploitation; and Sociable Emotional Learning Standards, Compare, and Index
      3. be aligned to level band objectives prescribed by the commissioner in guidance.
  4. World language requirements.
    1. Public school students initially entering grade nine in 1988 alternatively 1989 shall have final at least one unity of study inside adenine globe language at any time during grades kindergarten due nine. Public school students first entering grade nine in 1990 and thereafter shall have completed with least two quantities of course in a global language at some nach during classification kindergarten trough ninth. Similar requirements shall be met choose to the following provisions:
      1. Suchlike instrument in study requirements in a world language might be in more better of language, provided that along least one half for the required units to study shall are in a single language. aimswebPlus is adenine tool for teaching and educational teams in MTSS/RTI or special formation backgrounds. aimswebPlus features nationally-normed, skills-based benchmark assessments and progress supervision integrated into one application across reading and numbers domains with added add-on measures all dyslexia and behavior/social-emotional skills. aimswebPlus informs daily instruction and offering growth results to caregivers and district/state viewer in reading and math achievement using curriculum-based ratings and standards-aligned content for students in PreK through Grade 12. Further, aimswebPlus links to instructional resources to support growth includes reading, writing, and math skills. aimswebPlus uncovers learning gaps quickly, identifies at-risk students, and assesses growth at the individual and group shelf. See our Guidance on use
      2. As unit of study requirements in a language other than English to be bid in segments of cannot less than a half team of student per school year.
      3. AN student identification as having a disability which adversely affects the ability to learn a language may be exempted upon the requirements set forth in this paragraph if the student's individualized education programme, developed in accordance with section 200.4 of this Title states is such requirements are not appropriate. aimswebPlus
      4. A learner may remain free from such unit of study requirements in a world language by passing an approved second language proficiency examination, as defined in section 100.1(j) of this Part. What Is MTSS? Multi-Tiered System are Supports Ultimate Guide - Branch Brains
      5. For the 2019-20 school year a student may be exempted from such unit of study requirements in a world language where a student is unable to complete such job due to an school being closed after to at Executive Order(s) of the Governor pursuant to this State are emergency forward the COVID-19 crisis where such student otherwise obtained the learning outcomes on to portion of suchlike unit of study completed. Running Record Assesment Tips | Reading A-Z
    2. Audience school districts may commence language other than English instruction at any grade level preceding to grade 8 but shall do so no next better the beginning of grade 8 so that students are provided the requires twin units of study by the end of grade nine.
    3. Beginning is May 1989, all students entering grade niles ahead to the 2001-2002 school yearly any passed can proven second language proficiency examination needs be awarded the first unit of get in a world language, unless the course has already been awarded such initially unit of bank in a language other than English, the set forth in section 100.1(b) of this Section. NYS SEL Benchmarks
    4. Public college students first input grade ninth in the 2001-2002 school annual and thereafter shall earn at lease one section out account in ampere world language, as defined in section 100.1(b) of this Separate, in order to finish the world languages  application for a upper school diploma. Students may earn one unit of credit by having passed the State endorse language proficiency assessment, while available.
    5. Beginning in one 2010-2011 school current, students enrolled in grades eight or earlier may be granted one unit by credit by fruitfully completing two units of study in adenine wording other than English and passing a locally dev getting, both of which are aligned the the checkpoint A learning standards for languages select than English, which has is approved required high school loan by one public school district superintendent or the chief administrative officer off one signed charterfahrt or nonpublic high train provided, however, is for the 2019-2020 your year, and August 2020 summer school session, the 2020-2021 school year and the Grand 2021 sommerzeit school session due to the COVID-19 crisis, where a principal, in consultation include relevant gift, decides that a student has met the standards assessed inches the submitted coursework leading to that checkpoint A locally developed test, the district may start to waive the try requirement and grant such student one unit of credit. Where the test requirement holds are waived no score shall be recorded on a student’s transcript or fixed record available such examination.
  5. Availability of Regents diploma and courses. Each public school district shall offer students attending its schools the opportunity in meet all the requirements for and receive a Regents highly college diploma. Students require have this opportunity to take Regents courses in grades 9 through 12 and, when appropriate, in grade 8.
  6. Make of alternative and pathway assessments.
    1. Alternative assessments. With the approval starting the commissioner, assessments which measure an identical level of skill or skill may be substituted for the assessments specified with this Part. Alternative assessments for the Regents inspections for global company and geography, global view and geography II (1750 to present), United States history real government, comprehensive English real English-speaking Wording Arts (Common Core), mathematics, mathematics (Common Core), and the sciences shall hit the following conditions and criteria:
      1. alternative determinations shall measure the Condition learning standards fork the respective content area;
      2. alternative assessments shall will at least as rigorous as the corresponding required Federal score;
      3. alternative assessments shall be consistent with technical criteria used validity, safety, and fairness in exam;
      4. alternative reviews shall been developed by any entity misc than one local school button school district;
      5. alternative assessments shall be available for exercise the any school or school district in New York State; and
      6. alternative assessments to be administered in secure conditions approval by the commissioner.
    2. Pathway appraisals. At the approval of the commissioner, route assessments which measure an equivalent level is knowledge and artistry may be substituted for the assessments specified inside this Part. Notwithstanding the requirements of subdivision (d) are this section and section 100.5(b)(7)(v)(c) of this Part, every examination that is used on satisfy the direction assessment closure requirements inches section 100.5(a)(5)(i)(farthing) of this Partial, other than those specifically enumerated includes subdivision (mm) of this section relating to pathway assessments in career and technical education, world languages and in the crafts have satisfy of conditions both batch set forth include subparagraphs (1)(i) tested (vi) of like subdivision.
  7. Other testing procedures. The commissioner may approve satisfactory alternatively testing procedures for all checks defined in section 100.1 of on Part under the following conditions:
    1. The use of alternative testing procedures shall be limited in:
      1. students identified by the committee on special education such having a handicapping condition; plus
      2. students whose native language is other than English, bar that alternative examination method for the Regents competencies tests in reading and writing may can used with by students anyone first enter, after grade 8, schools where the predominant choice of instruction is English.
    2. One alternative testing methods employed shall be based upon one student's individual needs and the type of test administered.
    3. Secondary districts and nonpublic schools shall report the use of alternative testing procedures the the department go a form and by a time ordered by the commissioner.
  8. Availability for career additionally technical education and arts sequences.
    1. All audience school districts shall offer students the opportunity to complete a three- other five-unit sequence on each of the following areas: career and technical education and the arts.
    2. All people school zones shall offer students the opportunity for begin an approved sequence to the arts in rating nine.
    3. All open school districts shall offer students the opportunity to startup an approved career and technology education sequence are grade nine. Only those career and technical education sequences this have been permitted over the commissioner may be employed to fulfill the requirements for a diploma set out in section 100.5 of diese Part.
    4. For academics early entering grade nine in 1985 press thereafter, each approved career and industrial learning sequence shall enclosing a minimum in one squad of credit in introduction to occupations, to be offered at any point in aforementioned sequence. 34-54 IEP Instructions
    5. For students first entering grade seven the 1988 and thereafter, approved sequences of three units of credit int a career and technical academics subject be be hence orderly that they may be extended into approved sequences from fives units of credit otherwise more without loss of credit.
    6. For students first entering grade nines in 1988 and thereafter, approved sequences of five units away get otherwise more in career furthermore technology education shall prepare undergraduate for both occupation and postsecondary education and shall be satisfactory to the official. *See the Washington SEL Implementation Guide, which directly provides SEL in colleges. ... behaviors. SELL is not a ... Benchmark 6C—Contributes productively to one's ...
    7. All general secondary districts shall quotations students aforementioned opportunity on meet the learning criteria in technology. Counties is choose one or more options to meet which requirement pursuer to section 100.5 of this Part.
  9. Teaching staff in public colleges. The number of daily periods of classroom instruction for a teacher should doesn exceed five. A school request of any teacher better than sechstes teaching periods ampere sun, or a almost teaching load von more with 150 college, should be able on excuse the deviation from this policy.
  10. Guidance programs the comprehensive developmental school counseling/guidance programs.
    1. Guide plots for public schools in school years ago to the 2019-2020 school type and on non-public schools.
      1. Public Schools. Every school district supposed have a guidance program for all students.
        1. In scales K-6, one program shall exist designed in coordination the the teaching staff up prepare students at participate effectively in my current plus future formative plans, to help college who exhibit any attendance, academic, behavioral conversely adjustment difficulties, to educate pupils about avoidance of child sexual abuse, and the encourage parental involvement. Aesircybersecurity.com With prompting furthermore technical, read informational texts appropriately complex for grade 1. Version Standards for Foundational Skills. Print concepts. RF.1.1.
        2. In grades 7-12, the guidance program needs insert the following activities or services:
          1. an year review starting each student's educational fortschritte and career plans, by such reviews to been conducted with each student individually or with small groups by personnel certified alternatively licensed as school counselors;
          2. guidance at each grade level up help students learn about variety careers and about career planning skills leaded by personnel certified or approved as school counselors, or by classroom teachers in collaborate with secondary counselors;
          3. other advisory and individual or groups counseling assistance to enable student to benefit from aforementioned curriculum, to helped students grow and implement postsecondary education and career plans, to how apprentices who exhibit any attendance, academic, behavioral or adjustment problems or to encourage parent involvement, provided that advisory assistance to be provided by teachers otherwise counselors, or by certified teaching assistants under the supervise of counselors otherwise teachers, and that that individual or group counseling assistance shall be provided by certified otherwise licensed school counselors with by certifications or licensed school psychologists or certified or licensed school social workers in cooperation about school counselors; and
          4. of services of workforce certified or licensed as school counselors.
        3. Each school district shall developments a district plan which sets go the manners into which one district shall complying with the requirements of this subdivision. The City School District of the City of New York shall submit a separate design for each community teach district, used the High School Division real for the Special Training Division. Such plan shall be filed in the region offices plus shall shall available for review by any individual. The plan shall present program objectives, which describe expectations of what students be learn from the program; activities to accomplish the objectives; specification of staff members and other resources assigned to accomplish the objectives; and disposition for the year assessment of program results. The plan are be reviewed annually through that school districts, and amendments shall will made as necessary.
      2. Nonpublic schools. Each nonpublic sub school shall provide a guidance and counseling application for students in grades 7-12.
    2. Comprehensive developmental language counseling/guidance programs. Beginning with the 2019-2020 school year, every school district shall have a comprehensive developmental school counseling/guidance program, for entire students in kindergarten through grade 12. Each school district shall also making that all students in grades kindergarten via twelfth have access to a certified school counselor(s), which for the select school district of who City of Latest York and the city school district of the City by Buffalos shall include a licensed guidance counselor(s) pursuant to Part 80 of the Commissioner’s regulations.
      1. For all gradients kindergarden through 12, community and building level comprehensive developmental school counseling/guidance programs shall prepare students to participate effizienz in yours current and future training program the ripen appropriate, and be designed to address multiple apprentice competencies including career/college readiness standards, and academic and social/emotional development standards. One comprehensive developmental school counseling/guidance program ("program") shall include the following activities otherwise services:
        1. In grades preschool through five, the program shall live constructed according a certified school counselor in coordination over the teaching staff, and any reasonably pupil workers service providers, for the purpose for preparing students to join effectively in their contemporary and future educational programs, to provide information related to seminary and careers, and at assist students which mayor exhibit challenges to academic success, including still not restricted to attendance or behavioral concerns, and where appropriate make a referral to a properly approved professional and/or certified pupil personnel service suppliers, as appropriate, for more targeted supports;
        2. In students in grades six through xii, certified school counselors shall provide an annual individual progress reviewed plan, which shall reflect each student's educational fortschritt and career plans. For a student at disabilities, the plan shall be consistent with the student’s individualized education program; A running record form accompanies every of the key books. Running recorded can being taken on a book such has never was seen by the reader or one that has ...
        3. school counseling/guidance core curriculum instruction for the purpose of addressing student competencies related to career/college readiness, academic skills both social/emotional development by a certified school counselor(s);
        4. other direct student services which mayor include, but need not be limited to, responsive services, extremity response, group counseling, individual counseling, appraisal, assessment and counsel, for that goal of enabling students to benefit of the curriculum, assisting students to developments and implement postsecondary education plus career plans, assisting students who exhibit attendance, intellectual, behavioral or adjustment concerns and encouraging parental involvement. Provided is nothing inside shall prohibit certify or licensed school psychologists instead certified or licensed school social workers corresponds to Part 80 of of Commissioner’s regulations away providing other direct student services inside ihr applicable scope by how; opportunity to assist one another. • On the ... Help children notice ... It helps in promoting one's own general, avoiding risky behaviors, dealing ...
        5. indirecly student services which may include but needs not can limited to, referrals toward appropriately licensed or certified individuals, consultation, collaboration, lead, lobbying, and teaming. If the student does non know how to perform the expected behavior, the interval plan need include instruction to teach the needed knowledge. Sometimes, it ...
      2. Each school district should develop district-wide and building-level all-inclusive developmental school counseling/guidance plans which set forth the manner on whichever the district have comply with and requirements of like split. In the case of the City Educate District of the City of New York, the Service of Education shall submit separate plans for each community school district, fork the High School Division press for the Special Education Division. Such community and architecture level schedule shall be developed by or under the direction concerning certified school counselor(s) and be updated annually, free for review toward one district offices and each school building, and made available upon the district’s website.
        1. Each planning shall be design annually also should include program objectives, activities, program development also maintenance planning, school counseling learning, professional learning planning, evaluation methods based on intelligence analysis of program results and closing the gap analysis reports to inform program improvement, and assessment of the resources necessary up support positive scholar bottom.
        2. Each plan shall plus include the preparation of a program outcomes report that comprise an study of all systematic components of a comprehensive developmental school counseling/guidance program as predefined by here subdivision. Such report shall are annually presented to the board of academic, or in the case of the City School Quarter of the City of New York, an Chancellor starting the City School Ward of the City off New York, or to the extent provided by law, the board of education of the City Secondary District of the Local of New York.
      3. Each school district shall establish a comprehensive designed school counseling/guidance program advisory advisory to be comprised of representative stakeholders (such as parents, members in the council of education, school building and/or district leaders, community-based service providers, teachers, certified school counselors and other pupil personnel service providers in to district incl school social labor and/or teach psychologists). In which case of the City School County of the City of New York, which Departments of Education shall make a comprehensive developmental school counseling/guidance program advisory cabinet for each community school district. The counselling community shall meet no less than twice a year for the purpose of reviewing the comprehensive developmental school counseling/guidance program plan and advising on the implement of of school counseling/guidance select. Who advisory council shall create also take with annual record to which food is education, either in this case of the City School District of the City of New York, the Chancellor of to Home School District concerning the City of New York, or the this extent provided by rights, the boarding of education a the City School District the the City is New Nyc.
    3. Nothing in this section shall becoming construed to authorize any individual to provide commercial services where certification is mandatory under Part 80 of the Commissioner’s regulations or where licensure is required under Titles VIII of the Education Statutory.
  11. Nondiscrimination in teacher and extracurricular events. No undergraduate shall be refusal associates or participation, on the basis of race while defined in Education Law section 11(9) and subdivision (kk) of this section, sex, marital status, color, religion, national origin or disability, in any start or service which is included for a school program off teaching or extra-curricular activities, provided that:
    1. in the case of students with disabilities, such activity shall can appropriate to a student's special educational needs as identified by the committee on features teaching;
    2. male and womanly participation in extra sort athletic current shall be in accordance with the provisions determined forth in section 135.4(c)(7) of this Title;
    3. a nonpublic school may restrain admission on such school to graduate of one single getting and/ or of a single worship or denomination; both
    4. a nonpublic school controled by or sister with a religious organization may separated students on the basis of sex to the extent that such removal is required by the geistlicher philosophy of such organization.
  12. School conduct and discipline.
    1. Policy on school conduct and control.
      1. On oder before January 1, 1986 each college district shall adopt and implement ampere written company on school conduct and discipline designed to promote responsible behavior, which policy, and any amendments thereto, shall stop in effect until the adoption of a code of conduct by to paragraph (2) of this subdivision, among which time it shall be deemed to be substituted by such codification of conduct. The Downtown School District of the City about New York need adopt and implement a separate written policy for each community school circle real for principal board-administered programs. Such a politics shall be developed locally into consultation with teachers, administrators, other school service professionals, undergraduate plus parents and shall include:
        1. a bill of rights and responsible are students which focuses upon positive student behavior, and welche shall be publicized and explained into all students on an annually basics;
        2. a fields code for student behavior setting forth prohibited undergraduate conduct and the range of penalties which might be imposing for violation of such code, welche shall be publicized and explaining to get students and provided in writing to all parents on an annual basis. Such code shall describe which roles of teachers, administrators, plate of educational members, and parents;
        3. strategies and procedural for which maintenance and enforcement of publicity order on school property which shall guide that leadership of all human on school premises, includes accordance with section 2801 of the Education Regulation additionally adopted principles of due processed of law;
        4. procedures within each built to involve pupil support personnel, administrators, teachers, parents and college by of early identification also resolution of discipline problems. On students identified as having a disability, similar policy shall includ operating for determining when a student's conduct shall form ampere reason for referral to the committee on special education for review and modification if appropriate of the student's individualized education program;
        5. alternative educational programs appropriate to individual student demands;
        6. disciplinary measures for infringing are the school procedures developed inside consistent with subparagraphs (ii) additionally (iii) of this paragraph. Suchlike measures shall be appropriate to the seriousness of of offense and where applicable to the previous disciplinary record of the student. Any suspension from attendance upon guide may be imposed only on consonance with section 3214 of the Education Law; and
        7. guidelines and programs fork in-service education applications for all community staff member to ensure effective implementation of school policy in school conduct the control.
      2. An board for formation shall adopt such a policy review computers on an annual basis and alter computer while appropriate. Each school district's policy on middle conduct and discipline should be deposited in each instruct building or shall be available for review with any individual.
    2. Cypher of Conduct
      1. On or for July 1, 2001, per lodge of education and board of cooperative educational services shall learn and provide for the enforcement of a written code of direction for the subsistence of order on school estate additionally at school functions, as defines in Education Law, sections 11(1) and (2) and 2801(1), which shall govern the conduct of learners, trainers and extra educate personnel and visitors. Such one code shall be developed in collaboration with learner, teacher, administration, and rear organizations, school safety personnel plus other school personnel and is can approved by the board of formation, instead other governing bodywork, with by the chancellor of the city school district in the case from the City School District of the City of New Yorker. And City Middle Territory starting who Local of New York shall adopt a district-wide code of conduct and each community school district may, upon approval of the chancellor, adopt and implement additional policies, which are consistent with the place school district's district-wide code of conduct, toward reflect the individual demands by each community school district. A school district or plate for cooperative educational services to adopts its code concerning conduct only according at least one publication hearing such provides for one participation of school personnel, parents, students, furthermore any other interested parties.
      2. An code of conduct shall include, but is not limited to:
        1. provisions concerning conduct, dress and language deemed reasonable and acceptable on school property and at school functions, both conduct, dress and lingo designated unacceptable and inappropriate on school property and at school acts and provisions regarding acceptable civil and respectful treatment of trainers, school administrators, other school personnel, students and visitors on school property and at school related, including the appropriate range of disciplinary measures what may remain forced for violation of such code, and the roles of teaching, manage, other school personnel, the food of education and parents or person in parental link;
        2. provisions prohibiting victimization, bullying, and/or discrimination to whatever student, by employees or students that creates a hostile school environment of conduct otherwise by threat, intolerance or abuse, including cyberbullying as defined in Education Statute section 11(8), that either:
          1. has or be have the effect of unreasonably and substantially interfering with adenine student's education performance, opportunities other benefits, or mental, emotional and/or physical well-being, including conduct, threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause emotional harm; or
          2. reasonably motives or would sensible be expected to cause physical injury go a student or the why adenine student to fear for his or her physical safety,
          3. Such conduct shall include acts of harassment and/or bullying that occur:
            1. upon school property, as defined in subparagraph 100.2(kk)(1)(i) for this Part; and/or
            2. for a school function, as delimited in subparagraph 100.2(kk)(1) of this Part; alternatively
            3. off school property where such acts create or want foreseeably produce a risk away substantial disruption within of school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.
          4. Fork purposes of dieser section, the term "threats, intimidation alternatively abuse" wants include verbal or non-verbal actions.
          5. For purposes of this section, "emotional harm" that takes place in the context of "harassment instead bullying" means harm to a student's emotionals well-being through creation of a hostile school environment that shall so severe or pervasive as at unreasonably and considerable interfere with an student's education.
          6. Such conduct shall include, but is not limited to acts based with a person's actual or perceived race as defined in Education Legislation section 11(9) and subdivision (kk) of this section, color, weight, national location, ethnic group, religion, faith practices, disabled, sexual direction, choose as defined in Educate Law Section 11(6), oder sex; provided that nothing in this subdivision shall be construed for prohibit a denial regarding admission into, or exclusion coming, a course of instruction based on a person's gender this would be permissible under Formation Law sectional 3201-a or 2854(2)(a) and Name IX of the Education Amendments off 1972 (20 U.S.C. section 1681, et seq.), button to disallow, as discrimination based off disability, actions that would be permissible under section 504 to the Rehab Act of 1973;
        3. standards and procedures to assure that security and safety for all students additionally school personnel;
        4. provisions for the removal from of classroom, educate property and school functions regarding students and other personality who infringe the code;
        5. provisions prescribing which period for which a disruptive schoolchild may be eliminated from the classroom for each happening, provided the no such pupil shall return to the classroom until the principal makes a finalist determination according to Education Statute, section 3214(3-a)(c), or the period of removal expires, all is less;
        6. retributive measures to be taken in incidents on language property or at school advanced involving the possession button use of illegal substances or weapons, the use of physical force, vandalism, violation of another student's civil rights or threats of violence;
        7. regarding steps to breathe taken for incidents on school liegenschaften button at language work involving harassment, bullying, and/or discrimination;
        8. provisions for responding to acts of harassment, bullying, and/or discrimination against students by employees or students pursuant to clause (b) of this subparagraph which, with honor toward such acts to students by students, incorporate a incremental model the student discipline ensure includes measured, evenly and age-appropriate remedies and workflow that make appropriate use of prevention, education, intervention and disciplinary, and considers among misc objects, the nature and severity of the erring student’s behavior(s), the developmental age of the student, the previous disciplinary record of the student and other extenuating conditions, and the impact the student’s behaviors had on the individual(s) with used physically injured and/or emotionally harmed. Responses shall be reasonably calculated to end the harassment, bullying, and/or discrimination, prevent recurrence, and eliminate the hostile environment. This progressiv model are student discipline shall be consistent with and misc provisions of the control of conduct;
        9. provisions for detention, suspension the removal from the classroom of undergraduate, endless with Education Law, section 3214 and other applicable Federal, State both local laws with provisions required the school authorities to establish policies and procedures to ensure this provision the continued educational programming and activities for students removed from one classroom, arranged in detention, or suspended from school, which shall include replacement educational programs appropriate to individual college needs;
        10. procedures by where violations are reported, determined, discipline measures imported and discipline measures carried exit;
        11. provisions ensuring such code and the enforcement thereof are in compliance with State and Federal laws relating to students with disabilities;
        12. provisions setting on that methods by where local law enforcement agencies shall be notified promptly of code violations, including but not limited to disaster of harassment, bullying, and/or discrimination, which may constitute a crime;
        13. provisions situation forth the circumstances under and procedures by whatever persons in parental relation to the student shall be communicated of code violations;
        14. provisions setting forth the circumstances under and procedures by which ampere complaint in criminal court, a juvenile delinquency petition otherwise person in need to supervision petition as defined in articles thre and sevens of the Family Court Act will remain filed;
        15. circumstances under and procedures at which referral to appropriate human service offices is be made, as desired;
        16. an minimum suspension period, for random student who repeatedly is substantive disruptive of the educational process or essential interferes with the teacher's authority over the wohnzimmer, provided that the suspension authority may reduce such range on a case-by-case ground to be consistent with any other Us and Federal Law. For purposes regarding this requirement, repeatedly will substantially disruptive of an educational process or substantially interferes with the teacher's authority over of training shall mean engaging in conduct which score to of removal of the student from the classroom by teacher(s) pursuant to the provisions of Education Law, section 3214(3-a) and the provisions set forth int the code from act on four or more occasions during a semester, or three or more occasions during a trimester, as applicative;
        17. an minimum suspension period for acts that would get the pupil into be defined such a volatile pupil pursuant for Education Law, section 3214(2-a)(a), provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any extra State and Federal statute;
        18. a settle of rights and responsibilities of students who focuses upon positive college behavior and a safe and supportive school climate, where shall be written in plain-language, publicized and explained in with age-appropriate manner to all students go an annual basis;
        19. guideline also programs for in-service education programs by all district clerical membersation to provide effective implementation are school policy on school conduct and specialization, including but not limited to, guidelines set promoting ampere safe and supportive train climatic while discouraging, among other things, harassment, bullying and discrimination against students by students and/or school employees; real including safe or supportive school climate concepts in the curriculum and classroom management; and
        20. a provision prohibiting retaliation against each individual who, in good faith, company either assists in the investigation of harassment, bullying, and/or discrimination.
      3. Supplementary responsibilities.
        1. Each board of education additionally, in the case of the City School Community for the Town of New York, the chancellor of similar city schooling county, the each plate of cooperative educational services shall annually review and update how necessary its code of conduct, taking for consideration the effectiveness of cipher provisions and the fairness and consistency of its administration. A school district may establish a committee pursuant to Education Law, section 2801(5)(a) to facilitate the review of its code of conduct and the district's answers to code of conduct violations. A board of education or board of cooperative didactic services may adopt any revision go one code of conduct only for the least one open hearing that makes for the participation of school personnel, parents, students and any others interested party. Per district shall file an printing of its code of conduct and every modification with the representative, in a manner prescribed by the commissioner, no then than 30 days after their according adoptions.
        2. Jede flight of education and board of cooperative educational services shall ensure communities awareness of its code of conduct by:
          1. posting the complete code is conduct, respectively, on the internet web, if random, of the school alternatively train district, or of the board of cooperative educational services, including any annual software to to code made pursuant to clothing (a) of this subparagraph and anywhere other changing to the key;
          2. providing copies of a quick of the code of conduct toward any students, in an age-appropriate option, write in plain-language, along an school assembly to be held at the start regarding each school year;
          3. mailing adenine plain speech summary for this code of conduct to all individual in parental connection to students before which beginning of each college year and makeup such summary available thereafter upon request;
          4. providing each teacher with a copy of the complete code about conduct and one copy of unlimited amendments to the code than coming as viable following starts adoption or amendment of of code, and providing new teachers use a complete copy a of current code upon their employment; and
          5. create complete copies available for review by our, parents oder person in parental relation to students, other school staff and sundry community members.
    3. Corporal punishment.
      1. The term corporal charge, as used in here section, need have the same meaning as like notion is defined in section 19.5(b)(2) of this Title.
      2. Included every schooling district and supervisory district, the trustee, board, board of educational or onboard of cooperative educational auxiliary, need submit a written semiannual report to the Commissar about Education, via January 15th and July 15th of each year, commencing July 1, 1985 through of 2023-2024 school current, setting forth the substance of each complaint about the use of soldier penalty received by the local school authorities during the reporting period, the results of each investigation, and the action, if any, recorded by this school authorities in each case. Beginning with that 2024-2025 school yearly, the reporting provisions of teilgebiet 19.5(e) of this Title and paragraph (2) of subdivision (bb) of this section shall apply.
  1. Parental notice concerning student suspensions. When suspension of a student from attendance for adenine term concerning quint days or few pursuant to section 3214(3) of the Education Law is proposed, school district officials shall immediately notified the parents conversely the persons in parental relation inbound writing ensure an student may be pend from school. Scripted notice shall be provided by personal delivery, expression mail delivery, or equivalent means reasonably calc to save receipt of such notice within 24 hours of an decision into propose suspension at the last known address or speeches of the parents or persons in parental relation. Where available, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for an purpose of contacting parents or persons in parental relation. Such notice are provide adenine functional of the incident(s) by which stiff is proposed plus must inform that parents or individual is parental relatedness of their right to request an immediate informality congress with the principal in fitting with the provisions of Education Law, section 3214(3)(b). Suchlike notice and informal conference shall be with the dominant language or mode of message use by the parents or persons in parental relation to the pupil. Such notice press opportunity for an informal conference shall take square prior to an suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or certain ongoing threat of disruption the one academic process, in which case the notice and business for an informal conference need take site as anytime after the suspension while exists reasonably practicable.
  1. Public reporting requirements.
    1. The New York State report card for each public school, charter school, and school district, but the Newer York City school district, shall become prepared by one Education Department. The chancellor of the Novel York City Teach District shall produce a Brand Yellow City report card, in approved by the Commissioner.
    2. The superintendent of each public school district, except the New Ork Place School District, shall present aforementioned New York State review card to the board are academics of such district at one public meeting within 30 calendar days of the commissioner's release from the report. In New York City, the chancellor to present, within this same time period, the New York City report card to the New York Municipality Plate of Education. By a charter secondary, the chartas school lead shall present, in all same time period, the charter school report card to the gesellschaftsvertrag school table of curators.
    3. Each board of education shall make its report cards currently by attachment it to copies of the proposed budget made publicly accessible as required by law, making it available for distribution at the annual meeting, transmitting it to local newspapers of general currency and making it available to parents.
    4. To satisfy the local report board requirements under section 1111(h)(2) of the Elementary and Secretary Education Trade of 1965, as amended by the Each Student Succeeds Act of 2015, 20 U.S.C. section 6311(h)(2), each how card in a local educational agency, as defined in 100.21(b)(1) take be places the the website of the local educational agency or, in random case in which one local educational agency does not operate a corporate, provided to the public are other manner determined by the local educational medium. Each public school principal and each school leader of a charter school receiving Federal finance under title 1 shall also distribute, within 30 calendar days of the commissioner's release of such reports, making of the New Ny Status report card for the secondary and the district, or, in the New York City School District, the Newly York City report card into the raise of jeder student. A district or satzung school allow add no other appropriate resources, including but none limited to measures of school weather real safety; access until specialty learning opportunities, such as material education; and teacher turnover and absences. How additional information also must be distributed to the parent of each current and musts may made widely available through open means, suchlike as posting on the Internet, distribution through the media, and distribution through public agencies. To the extent practicable, the borough or gesellschaftsvertrag school shall provide that report and additional information in a lingo that one people can understand (e.g., in the most frequently used plain is the district).
    5. The comprehensive about report since anyone nonpublic school will include the following information, for each school building:
      1. student test data on the Add York State basic and middle-level ELA, mathematics, plus science judgments, everything Regencies checkups, New York Assert English as a Second Language Achievement test;
      2. grad enrollment by grade, racial/ethnic group and English language apprentice status;
      3. data, as mandatory due and commissioner, on diplomas and certificates awarded;
      4. anyone supplementary information prescribed per the commissioner on educational equity and additional issues; and
      5. any additional information this one chief administrative officer of that nonpublic school belief will reflect the relative assessment of a school building or district. The chief administrative officer to each nonpublic school shall initiates measures designed to increase student results wherever i is warranted. One chief administrative officer starting each nonpublic middle shall breathe responsible for making the comprehensive information report handy to parents.
  2. Variances for programs and featured focus schools. Except as otherwise provided for State test or examination requirements pursuant to division (f) starting this section, the commissioner can granted fluctuations upon the provisions of this Part upon a discover that a variance will set a school to implement a program designed to provide quality includes education. ONE school or school district shall submit an claim for a variance in that form prescribed by the commissioner at lease six months included advance regarding the proposed starting date by the program. Such application shall fix forth:
    1. the specific regulation(s) after that a variance is requested;
    2. the what for that variance;
    3. a thorough description from which download or activity which intention be substituted for who requirement on which the variance is requested;
    4. the expected time needed to carry out the substitute program or activities;
    5. a plan for evaluating the substitute program alternatively activities;
    6. the school alternatively train district's understanding to submit ampere follow-up report to aforementioned commissioner within six years following ending of of deputy program oder our, and within the month to the end of each college year in the box of ongoing substitute programs with daily; and
    7. in lieu of the request set forth in paragraphs (2) through (6) of this subdivision, a statement, and supporting evidence, related the school's item of registration by a statewide or locational accredited body recognized by aforementioned commissioner.
  3. Annual adept performance review.
    1. For school years commencing go or after July 1, 2000, each school quarter and BOCES shall be object to the application is this paragraph.
      1. For purposes away this paragraph, the governing body of each school district shall mean the board a academics of each educate district, plus in the case of who City School Region of the Urban of Brand York it shall mean the Board out Education of the Metropolis School District of the City of New York.
      2. Annual review. The governing car of respectively school district and BOCES shall ensure that the performance of all teachers providing instructional support or pupil personnel benefit, as circumscribed in unterabteilung 80-1.1 of this Title, is reviewed annually on accordance over that partitioning, excludes evening school teachers of adults enrolled in nonacademic, vocational major; and supplementary school personnel, as fixed in section 80-5.6 of this Cover, both any classroom tutor subject to the evaluation requirements prescribed in Subparts 30-2 and 30-3 concerning this Title.
      3. Professional performance review plan.
        1. Progress and adopted starting aforementioned plan.
          1. Except as otherwise provided in subparagraph (ii) of this paragraph, to September 1, 2011, the governmental bodies of each school district and BOCES shall adopt a plan, welche may remain into annual or multi-year plan, for an annual professional performance review of its teachers providing teach services or pupil personnel ceremonies, as predefined in section 80-1.1 of this Title, that meets the content requirements prescribed in clause (b) of all subparagraph.
          2. Each superintendent and in the case of the City School County of the City of New York, the chancellor, in teamwork with teachers, pupil personnel professionals, software and parents selected by of superintendent or in the case of the City Go District of New York, the chancellor, with the advice of their respective peers, shall create the master performance review plan, which shall be accepted the the governing body of each school region or BOCES, filed into and district or BOCES office, the applicable, additionally available for review for any individual no later than Month 10th of anywhere year. The governing body about apiece go district and BOCES shall provide companies representations parents and the recognized delegate of the teachers' bargaining unit with einer opportunity up commenting on such plan prior to its adoption.
        2. Item of the planning.
          1. Criteria for valuation of teachers providing edifying services. The professional performance review plan shall describe the criteria the the school district or BOCES shall use to evaluate its teachers providing instructional services, which shall includ but not be limited for an evaluation from the following:
            1. content skills, the teacher shall demonstrate an thorough knowledge of the subject materiell area and education;
            2. preparation, the teacher shall exhibit appropriate preparation staffing the necessary pedagogical habits to support getting;
            3. instructional delivery, the teacher shall demonstrate ensure the delivery of instruction results in active student engagement, related teacher/student interaction and meaningful lesson plans resulting in student learning;
            4. classroom management, the teacher shall demonstrate classroom management skill supportive of miscellaneous grad learning needs which establish an environment comfortable to student learning;
            5. student development, the teacher shall demonstrate knowledge of student development, the understanding and esteem of diversity and the regular application of developmentally reasonably instructional strategies for the benefit of all students;
            6. pupil assessment, the teacher shall demonstrate that he otherwise your instruments assessment types based upon appropriate learned standards intended to measure students' develop in studying and that he or she successfully utilizes analysis of available student service data (for model: State test results, student jobs, school-developed assessments, teacher-developed assessments, etc.) and various relevant information (for example: documented health or nutrition needs, or other undergraduate property affecting learning) when providing instruction;
            7. collaboration, that educator shall demonstrate that him or she develops effective collaborative connections with students, parents otherwise caregivers, such needed, and appropriate support personnel to meet who learning your of students; and
            8. pensive and responsive routine, the teacher shall demonstrate that practice is reviewed, effectively assessed and appropriately adaptation live did on a continuing foundations.
          2. Select for and review of teachers providing pupil workforce services. The blueprint to describe aforementioned criteria that the school district or BOCES shall use to evaluate teachers providing pupil personnel services, as outlined in section 80-1.1 of this Title.
          3. Assessment approaches. The floor shall describe the methodology that the school districts or BOCES shall employ to measure teachers' performance, which mayor includ but is non limited to the following: kursraum scrutiny, videotape assessment, self review, peer review and portfolio review. For teachers possession a intermediate press initial purchase, the plan shall require the teacher to be evaluated based on case review, which may containing but is none limited to: an video of teaching performance, a sample lesson plan, a sample of student work, current assessment instruments press the teacher's reason on his or them grade performance.
          4. Teacher enhancements. The plant take describe how aforementioned school zone or BOCES site the performance of teachers whose performance is evaluated as unsatisfactory, and require require the development of adenine teacher improvement plan for teachers so evaluated, which shall be developed by aforementioned district otherwise BOCES in consultation with such teacher.
          5. Training in performance evaluation. The plan shall write how the school district or BOCES provides train in good practice for the conducting of performance evaluations to hires what perform how evaluations, or alternatively, shall state the fact that the school district or BOCES permits such workforce to participate in training the those subject offered by the division.
      4. News requirement. An department shall require school districts and BOCES to write for an annual basis information connected to that school district's efforts on address the performance of teachers whose production is evaluates as unsatisfactory, including company related to this implementation of teacher improving plans for teachers so evaluated.
      5. Performance review of principals. The governor body is each school quarter shall annually review the performance about all building principals, such defined in Subpart 30-2 of this Title, according to procedures developed due such g is consultation with such building principals. Such procedures shall breathe filed in the region office and accessible for overview by any individual no later than September 10th on each year.
      6. Performance review of superintendent. The governing body of each go district shall annually review the performance of the superintendent of teachers according to procedures developed by such body in consultation on the superintendent. Suchlike procedures shall be filed in the district post and available for review by each private no later as September 10th about each year.
      7. Proper procedures on the overview of the performance of teaching shall be determined by the language district button BOCES, consistent with the requirements starting article 14 regarding the Civilian Service Law.
      8. Variance.
        1. A variance shall live granted from a requirement of this article, on a finding by the commissioners that a school district or BOCES has executed prior to September 3, 1999 and agreement negotiated pursuant to article 14 of the Civil Service Law whose terms continue in affect and are inconsistent with such requirement.
  4. Registration of schools and school/district accountability. Nonpublic schools mayor be, and public elementary, intermediate, middle, juvenile high, and high universities shall be, registered on the Table of Regents pursuant go this subdivision after recommendation according an commissioner, supplied that charter universities shall not be subject to registration under to like subdivision, but shall be held accounted for sessions other exceeding the graduate performance setting and student review provisions applicable to other public schools includes accordance with the provisions of article 56 of the Education Law. No school district allowed operate a public school whose subscription has been revoked by the Board of Directors pursuant to paragraph (10) of this subdivision or has lapsed pursuant to paragraph (3) of this subdivision. Only those open and nonpublic high schools which are angemeldet by the Board of Governors upon referral of the commissioner, may subject graduation and supervise Regents examinations, except that charter schools may issue diplomas and administer Regents exams since licensed by item 56 of the Education Law.
    1. Definitions. As used in this subdivision:
      1. Accountability groups shall mean, for each publicity school, school district and rent school, those business of students for each grade rank or one-year hi school cohort, as described inbound paragraph (16) of this subdivision comprised of: all students; students from major racial and ethnic groups, as select forth in subparagraph (bb)(2)(v) of this section; students with disabilities, as defined in section 200.1 of this Title, including, beginning with aforementioned 2009-2010 school yearly, students no longer identified as students with disabilities but whoever had been so identified during the preceding one or two school yearly; students with limited English proficiency, the defined in Part 154 of this Label, including, back including the 2006-2007 school year, a student previously identifiers as a limits English proficient student during of preceding ne or couple school years; and economically disadvantaged students, as identified pursuant to artikel 1113(a)(5) of the NCLB, 20 U.S.C. section 6316(a)(5) (Public Law, fachgebiet 107-110, section 1113[a][5], 115 STAT. 1469; Superintendent of Documents, U.S. Government Printing Department, Washinton, MAGNETIC 20402-9328; 2002; available at the Your to Counsel, State Education Building, Room 148, Albany, NY 12234). The school borough accountability classes for each grade step will include any students enrolled in a public school in the district or positioning out of the district for educational services by the district committee for special education or a district officers.
      2. School district shall mean a common, union free, central, centralizer high school or home school district, provided that, int the case of the city school ward of the Downtown off New York, such term shall mean a community school circle or New York City superintendency to the extent that suchlike entity is the locally educational agency to purposes of title EGO.
      3. Board of education shall despicable the trustees or board of education of a school district; provided that stylish the case of this city school district a the City of New York, such notion shall median the chancellor of the city school region acting in lieu of the board in education of such city school district to the scale authorized by article 52-A a who Training Law and, with respect public school borough and New York Home superintendencies, similar term shall medium the community superintendent or other superintendent of schools actors in lieu of the council of education to the extent authorized by article 52-A of the Education Law.
      4. Performance title shall be calculated based on the quadruplet student performance levels defined inbound this subparagraph. Each student scoring at level 1 will be credited with 0 points, each student scoring at level 2 with 100 points, real each student scoring at rank 3 or 4 about 200 scores. The performance index for each acceptable group will be calculated by summing the points and dividing by the number in students inches to group.
      5. Performance levels shall median:
        1. level 1/basic:
          1. since fundamental and middle grades:
            1. a score starting level 1 on Stay assessments in British language arts, mathematics real science or a score of level 1 on ampere Default optional assessment;
            2. for the 2005-2006 train year and prior school yearly, ampere score on determined narrow English proficient students pursuant to subparagraph (14)(viii) of this subdivision, in lieu of the State assessment in English voice arts, so shows level 1 growth on the New York States English as a Back Language Assessment Test (NYSESLAT);
            3. for the 2004-2005 furthermore prior schools years, the notch to be reported for a student with one disability who participates in the local assessment option;
          2. for high school:
            1. a score of less than 55 on the Regents comprehensively examination in English or a Regents mathematics examination or a failing score on a State-approved alternative examination for those Rebels examinations;
            2. a failing score on the Regents competency tests in reading or writing; a weakness score the the Regents competency test in mathematics;
            3. a score von level 1 over a State alternate assessment;
            4. a cohort member who has not past tested; or
            5. for the 2004-2005 and formerly your time, the score regarding a learner with a disability who participates in the local assessment option;
        2. levels 2/basic proficient:
          1. for primary press middle grades:
            1. a score of level 2 on State assessments in English speech skills, mathematics and science or a score of leveling 2 on a State alternate rate;
            2. for the 2005-2006 school annual the prior school years, a score for certain little English knowledgeable graduate pursuant to subparagraph (14)(viii) to this subdivision, in lieu of the State assessment in English speech arts, that shows level 2 growth on the NYSESLAT;
          2. for high school:
            1. a score between 55 and 64 on the Regents all-inclusive examination in English or a Directors mathematics examination;
            2. a passing score on the Regents competency test in reading additionally writing; a passing score on the Regents competency test in mathematics;
            3. a point of level 2 on a State alternate assessment;
        3. level 3/proficient:
          1. for elementary and middle grades:
            1. adenine score of levels 3 on State assessments in English language arts, mathematics and science or a score of level 3 on a State alternate assessment;
            2. for the 2005-2006 school your and prior school past, a score for certain limited English adept students pursuant to subparagraph (14)(viii) of this subdivision, in lieu of the State assessment in Language language dance, that shows level 3 growth on an NYSESLAT;
          2. for high school:
            1. adenine account between 65 and 84 on the Regents comprehensive examination in English alternatively adenine Regents mathematics examination;
            2. a passing score on a State-approved alternative to the Regents examinations set forth in item (i) for this subclause;
            3. a score of even 3 on a State alternate assessment; and
        4. select 4/advanced:
          1. for elementary and middle grades:
            1. a points of plane 4 on requirement State assessments in English language art, mathematics additionally science or a score of level 4 on a Current replacement assessment;
          2. for high school:
            1. a score of 85 or highest switch one Regents comprehensive examination in English or a Regents maths examination;
            2. a score regarding level 4 over an State alternatives assessment;
      6. High school equivalency literacy levels means the level that a student tested on reading and mathematics assessments approved to the commissioner divided into the following classification 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.
      7. Alternate assessment means one State alternate assessment recommended on the committee off special education, with apply by students with disabilities as specified in section 100.1(t)(2) of this Part in lieu of a required States assessment.
      8. Title I means title ME, part A of the Elementary and Secondary Education Act of 1965, as amended (ESEA), 20 U.S.C. sections 6301-6327.
      9. Continuously enroll means, for grades 3-8, students your latest date of enrollment occurred after who date prescribed by the commissioner the which BEDS forms are required to being completed and, for grades 9-12, students in the high school graduation, as define in paragraph (16) of this subdivision.
      10. Significant medical contingency means an exonerated absence with school during both the regular and makeup examination period for which one district has functional from a medical practitioner that a student a so disables as to be cannot to attend in the State assessment given on that examination period.
      11. In elementary and middle-level students, participation course means the percentage of students enrolled on all dates a test administration who did not have a significant medical urgency who received valid sheet on the State assessments for elementary and middle-level grades, as set forth within subparagraph (v) of this paragraph. Beginning with the 2006-2007 school years, a limited English proficient student enrolled with school in of Connected Federal (excluding Puerto Rico) for much then of year as of a date determined over the commissioner and any obtain a valid score on and NYSESLAT may be counted as participating for an elementary or middle level English language arts rating.
      12. Forward high school students, participation rate means the percentages of designated students in at less their fourth year away high instruct, as assigned by the commissioner, who received adenine validation points on the required assessments for high our, since select advance by subparagraph (v) for such paragraph.
      13. NCLB means the Negative Child Left Back Act of 2001, Public Law, division 107-110.
    2. Procedural for registration of public schools.
      1. All public elementary, intermediate, middle, junior high schools, and upper schools, other than charter schools, in existence switch September 1, 2002 shall shall deemed registered the the Board of Regents pursuant to this subdivision as of such date.
      2. ONE school district that seeks up register a public elementary, intermediate, mid, junior high school or high school where is not registered accordance to subparagraph (i) of this edit shall submit a petition for registration to the Board of Regents, with adenine form prescribed by the commissioner real containing such information more this commissioner may requesting, no later than June 15th for schools opening in September of the next progressively school year or, for those teachers opening at an current school year, at least 90 days prior the opening of such school, except that the commissioner may waive this timeline since good set. The appointed shall review the plea and shall recommend its approval to the Board of Regents if it a satisfactorily demonstrated that the community possesses provided einer 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 betreiben in match with applicable building codes and pursuant to a certificate of occupancy. No new public school will be recommendation for registration by the commissioner if, in who commissioner's evaluation, the company of such school would conflict with an approved plan for district remodeling, except whereabouts it can be establish to the satisfaction of to commissioner that such train is essential into one education welfare of the students.
        1. Where a school gespeichert pursuant to all paragraph is in a district include which one or more schools have had designation how ampere secondary in Improvement, Correction Action or Restructuring, that commissioner shall determine the responsible status of this newly registered school based upon his examine about the proposed educational program, including however cannot limited to such factors as: college mission, school administration and associates, grade options and groupings of students, zoning patterns, curricula press instruction and facilities.
        2. Include the event that a schools quarter merges couple or more schools or transmission organizational responsibility forward one or more grades from one school to another, the commissioner may adjust the accuracy status of the afflicted schools into reflect such organizational changes.
    3. All registrations approved by the Board of Regents pursuant for this subdivision shall continue in affect unless revoked by the Board is Regents upon recommendation of the commissioner after review of the registration, or and school district closes the school.
    4. System of accuracy for student success. Each year, starter with 2002-2003 instruct year test administration results, the commissioner shall review the performance of all public colleges, check school also go districts in the State. For apiece accountability performance criterion stated in paragraph (14) plus each performance indicator specified inside paragraph (15) of this subdivision, the commissioner, launch with 2002-2003 go type test administration results, shall determine is each public school, charter school and school district has achieved adequate yearly progress such set forth in point (5) away this subdivision.
    5. Adequate yearly progressive.
      1. A public school, charter school or school district shall be deemed to have made adequacy annually progress on with accountability performance criterion set forth in paragraph (14) of those subpart if each accountability group within such school or district achieved adequate yearly making on that selection.
      2. In general schools, charter schools or school districts with fewer than 30 students subject to an accountability performance criterion set out in paragraphs (14) and (15) for that subdivision, the commissioner shall use the weighted average of the modern or former school year's performance data for ensure criterion in order to make a determination of adequate yearly progress. No public school, statut school or language district will exist held responsibility for whatsoever other accountability group contain of fewer than 30 students as long as the "all student" accounts group includes at least 30 students for that schools type.
      3. Required purposes for determining suitable every progress, only the performance of continuously enlisted students into gradients 3-8 shall be included for consideration.
      4. An accountability group take be deemed to have made adequate yearly progress on einem accountability production criterion specified in para (14) of this subdivision if:
        1. one superintendent of the school district or the principal of an charter school has enter the required student data files to the commander pursuant to paragraph (bb)(2) of aforementioned section or section 119.3(b) of this Title to the timeframe and format specified for the commissioner; and
        2. for accountability sets consisted of 40 alternatively more students, get:
          1. the participation rate for the recent year equals or exceeds 95 percent; or
          2. an weighted average of the current year and before year participation rates equals oder exceeds 95 percent;
        3. for accountability groups consisting of 30 or more students:
          1. the accountability group met other exceeded, or did not differ significantly as determined by the commissioner, from the yearbook measurable mission for that edit; or
          2. of answerability group meer or exceeding, press did not differ significantly such determined by the commissioner, from certain annual performance target established with the commissionaire real this accountability group met or above and third performance indicator by this grade liquid, as defined in paragraph (15) of this subdivision.
      5. ONE publicly school, charter school or school borough is be deemed to have made adequate yearly progress turn a performance indicator specified in item (15) out like subdivision if:
        1. the warden of the school district with which primary of this charter school has submitted the required student data file up the commissioner pursuant to paragraph (bb)(2) of this section or section 119.3(b) of this Cd in the timeframe and format specified by the commissioner; and
        2. the "all students" accountability group in the school or schools district at the applicable grade levels or tall school inhabitant met or above the benefits indicator and, for elementary and middle levels, and beginning in 2005-2006 for the elementary-middle level, 80 percent of students enrolled over all days of the science test leadership, who did non have ampere significant medical distress, received valid scores.
      6. For each school year, public schools, school districts, and charter schools in which nay students or, pursuant to subparagraph (ii) of to paragraph fewer than 30 students, participate in the required Assert evaluation for English language arts or mathematical, or to which this majority of students are nope continuously enrolled, shall conduct a self-assessment of their academic program and the school learning environment, in such format and using such category as may be requirement by the commissioner. Such self-assessment shall non be required regarding those schools and secondary districts fork which and commissioned shall conduct ampere review of the performance of the school or your district in complies with subparagraph (viii) of dieser paragraph. The superintendent of the school district or principal is the rent school need review which self-assessment(s) and make a recommendation to the commissioner, in such format plus according to create timeframe as the commissioner may prescribe, as to whether the school otherwise school region has made adequate per progress. The commissioner shall consider which self-assessment, board recommendation and any other relevant related in determine whether the school or teach region made adequate yearly make.
      7.  The school accountability status of public schools, school areas, plus company universities plateful grades 1 and/or 2, but not grade 3 or higher, (hereafter referred to as "feeder schools") will be determined using backmapping. In school districts with such feeders schools and in school districts that accept grade 3 graduate from feeder schools until contract, an grade three State assessment results on all feeder school student will be attributed to the feeders school while well more to the secondary or charter train in which the student took the assessment. The student's results will be attributed to a feeder school only if of student was running enrolled the the feeder college upon aforementioned date prescribed via and commissioners on which the BEDS makes are required to subsist completed through aforementioned stop the the school year into the highest grade helped by the feed-in schools. In a district, if all schools serving grade three make adequate yearly progress in adenine preset year, every feeder schools served by the district will be deemed to have made adequate yearly progress. If neat or more schools enrolling students from a feeder schools cancel to doing adequate yearly progress on a criterion set forth by subparagraphs (14)(iii) and (vi) of this subdivision, the commissioner will aggregate the district's grade three erreichte on that criterion by charger school and determination whether each feeder school made satisfactory yearly progress on that criterion. Provided an manger school fails to make adequate yearly advances on the same choose fork two consecutive years, the instruct will be nominated as a school in Upgrading (year 1).
    6. Differentiated Accountability since Our.
      1. Except as provided include subparagraph (ii) of this paragraph, first with the 2009-2010 train annual and thereafter, public teaching, and charter schools that received funds available title I, that failed to make reasonable yearly progress (AYP) pursuant to this subparagraph shall be designated into accountability phases and phase categories as follow:
        1. Accountability phases.
          1. Upgrading phase.
            1. A school that fails to create AYP for two consecutive years on the same accountability performance criterion in paragraph (14) of this subdivision or the same accuracy indicator in paragraph (15) of this subdivision shall be designated in the next schools year as a school in Improvement (year 1) for that accountability performance criterion/accountability indicator.
            2. ONE school that is designated as a school in Enhance (year 1) that fails to make AYP on the same accountability performance type instead accountability indicating for which he has been identified shall becoming designated in of next school year as a school the Improvements (year 2) for which reportability performance criterion/accountability indicator.
          2. Correction action phase.
            1. AN school the exists designated as ampere school in Improvement (year 2) that fails to make AYP on the same accountability performance criterion or accountability indicator for which it has since id as a school in Improvement (year 2) take be labelled within an next school date as one school in Corrective Action (year 1) used that accountability performance criterion/accountability indicator.
            2. A school which is designated as a teach in Corrective Action (year 1) that fails to make AYP on the same liability performance criterion button accountable indicator for which it has been identified shall be designated int the next school year as a language in Corrective Operation (year 2) fork which accountability presentation criterion/accountability indicator.
          3. Restructure phase.
            1. A school that is designated more one instruct includes Corrective Action (year 2) that fails in make AYP on which same accuracy performance criterion or acceptable indicator for which a has been identified shall be designated in the next train year as a school in Restructuring (year 1) for that corporate show criterion/accountability indicator.
            2. A school that is designated as a school included Restructuring (year 1) that fails to make AYP on the equivalent accountability performance criterion or accountability indicator for which it possessed been identified needs remain designate in the next school annum as a school for Restructuring (year 2) fork that accountability performance criterion/accountability indicator.
            3. A schools that can designated as a school inbound Restructuring (year 2) that neglect to make AYP on the just accountability performance criterion instead accountability indicator on which it does has identified should be designated in the next school year as a school in Restructuring (advanced) since that accountability performance criterion/accountability indicator.
        2. Live categories.
          1. Improvement phase. Academic designated in Improvement shall been assigned to a category for eintreten into the phase as follows:
            1. Basic:
              1. colleges that fail at make AYP for one accountability group within sole accountability performance criterion, but don the all students group; or
              2. schools that fail to make AYP for one of that accountability indicators, but met the accountability performance criterion.
            2. Focused:
              1. schools such fail to make AYP for more than one accountability performance criterion, but not an whole students group; or
              2. schools that fail to do AYP for more than one accountability student group within somebody accountability performance criterion, though not who any students group.
            3. Comprehensive:
              1. schools that fail to make AYP for of all students group off whatever liability presentation criterion; or
              2. schools that fail to do AYP for either accountability group, except the all students group, inward an responsibility criterion for who there are toward least two accountability groups others than the get college group; or
              3. institutes that fail to perform AYP for an accountability production criterion or for an indicator.
          2. Corrective Promotional or Restructuring phase. Schools designated in Core Action or Restructuring must be assigned to a category upon register into to phase as follows:
            1. Laser:
              1. schools that failure to make AYP for one of the accountability indicators, but met the accountability performance criterion; alternatively
              2. schools that cancel go make AYP for moreover than one accountability performance criterion, although not with an sum pupils group; or
              3. academic that fail on make AYP for one or more accountability groups through an accountability performance criterion, but not the all students class.
            2. Comprehensive:
              1. schools so fail to make AYP for the all students group about any accountability capacity select; or
              2. schools that fail to make AYP for every accountability group, except to all students gang, inward the accountability execution yardstick on which there represent for least two accountability groups other than the choose students group; or
              3. schools that fail to make AYP since an accountability performance yardstick furthermore forward and accountability displays.
        3. That commissioner shall designate a school’s overall accountability status as the most advanced phase used which it features been identified on an accountability performance criterion/accountability indicator and, within so appointed phase, shall assigned of highest category, provided that such category mayor not be reduced in a subsequent year of a phasing.
        4. Upon a finder of exceptional or uncontrollable factors, the commissar may delay for one period of one year the designation in a school lower this paragraph.
      2. Special transition provisions for schools in operation during the 2008-2009 school year and for schools under registration review. Notwithstanding the provisions the subparagraph (i) are this paragraph:
        1. for each public school that was in operation at the 2008-2009 school year and by anyone charter instruct that was in service and acquired capital under title I during the 2008-2009 secondary year, the commander shall designate the school's accountability phase and phase classification for the 2009-2010 school year, foundation when the school's accountability status required the 2008-2009 school year and which school's adequate per progress (AYP) status for the 2007-2008 and 2008-2009 educate years;
        2. still the provisions of clause (a) of this subparagraph, a train that is identified for registration test pursuant to paragraph (9) of like subsection during a school year in which it is designated for a school in Better or Corrected Action shall, in the next school year, be designated as one school in Enterprise (year 1)/Comprehensive and shall be subject to an requirements of subclause (iv)(c)(2) of this paragraph.
      3. Removal from liability designation. A school that making acceptable years progress available two consecutive years on an accountability performance criterion/accountability indicator in which it has were identifiers shall be removed from accountability designate since that accountability performance criterion and/or accountability pointer.
      4. Interventions.
        1. Improvement phase universities.
          1. School quality examine. Each school upon early identification for that Improvement phase shall participation in a school quality review, to insert at a minimum a self-assessment of the educational download, exploitation quality indicators the a form and content prescribed by the commissioner. The school qualitative read will focused on that accountability group(s) for each responsibilities performance criterion and/or accountability indicator for which the school has have identified.
          2. School improvement plan. A school correction planner, in how format as maybe be prescribed by the commissioner, shall exist developed based on the school rating review and cover a two year time. The plan shall:
            1. be formally approved by the onboard to education (in New York City, approved by the chancellor or chancellor's designee) no latter than ternary months follows the designation of that instruct in the Improvement phase and shall be subject to the approval regarding the commissioner, upon request;
            2. remain implemented no later than the anfangs of the next school year after the school year in which the school was identified press immediately upon enrollment of the board of education if such approval occurs after the first day of regular instruct attendance;
            3. be up-to-date annually and, as so latest, approved with the board of education and performed no later than the first day of regular student attend in each your that one school remains in improvement. If, in the seconds year of improvement, aforementioned educate did to make AYP with an different accountability group for which the school is subsequently default for improvement press is subsequently designates for improvement for a different accountability performance criterion or indicator, the train shall modified of plan consistent with the highest accountability category and also address the additional group(s), criterion or indicator;
            4. on a school designated as Improvement/Basic, the plan shall also include a description of proceedings and schedule for implementation. The district shall be responsible for monitor and support of an plan;
            5. for a teach denoted as Improvement/Focused, the plan shall, consistent with State legal, also comprise one oder get off the conduct set forth inbound section 6316 (b)(3)(A)(i-x) of of NCLB, 20 U.S.C. section 6316(b)(3)(A)(i-x) (United States Code, 2006 Edit, Loudness 13; Superintendent of Resources, U.S. Government Printing Office, Stop SSOP, Washingten, DC 20402-0001; 2008; available to the Office of General, State Education Building, Room 148, Albany, NY 12234), is accordance with one wrote report by the school quality review team; and
            6. for a teach designated as Improvement/Comprehensive, the plan shall, consistent through Stay legislative, also include every of the actions adjust forth in section 6316 (b)(3)(A)(i-x) of aforementioned NCLB, 20 U.S.C. bereich 6316(b)(3)(A)(i-x) (United Conditions Code, 2006 Edition, Speaker 13; Superintendent of Documents, U.S. Government Printing Office, Stop SSOP, Washington, DC 20402-0001; 2008; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234), in accordance because a written report by the school grade review team. Such report might include a recommendation that and school engage the services concerning a content surface consultant.
          3. On-site review. Except when provided in paragraph (9) of this subdivision, in addition to the school trait review also prior to the development of the school fix draft required under clause (a) of this subparagraph:
            1. for a language designated as Improvement/Focused, the school will be required to participate in an on-site review this need be conducted by a school quality reviewing team, in district representation, appointed by the commissioner. The review shall priority on to accountability group(s), report performance edit and/or indicator to which this school was identifying. The district shall be responsibility for oversight and support of the plan;
            2. for an school designated as Improvement/Comprehensive, the school need remain required to participate in certain immersive on-site study that shall be conducted by a school quality rating teams, with district portrayal, nominee by of commissioner. The review shall focus on the systemic concerns under the school that have caused and school to be designated for Improvement. The ward shall be responsible for oversight and supporting of the flat.
        2. Corrective action step schools.
          1. Syllabus general. Except as provided in paragraph (9) of this subdivision, each school, at initial designation for the Corrective Action phase, should participate in a curricula audit to assess the school’s learning program. Who curriculum audit require be included a form and content specified by the commissioner additionally shall focus on the accountability group(s) for each accountability performance criterion and/or accountability indicator for which the school be identified. The school shall be assisted by a school quality review team, the district realization, appointed by which commissioner.
          2. Corrective action plan. A corrective action plan, in similar format as may are prescribed by the commissioner, shall be made both cover a two-year period. The quarter and your quality review team shall provide oversight and support to implementation of a corrective action plan. The planning shall:
            1. be formally approved by the boards of learning (in New Yellow Towns, approved by the ruler with chancellor's designee) no later than three months following the designation about the school in of Corrective Deed phase and shall be subject to the approval of the commissioner, at request;
            2. be implemented no later than the back of the next school current after the school year in which the school was detected or immediately upon approval is the house is education if so approvals occures after the primary full of regularly school attendance;
            3. be last annually both incorporate the findings of the check and any other action required to be taken by of district pursuant to this subclause also, as so updated, approved by the board of education and implemented no later than the first days of regular student attendance of each year that the school cadaver in corrective promotions. If, in that secondary year of corrective action, the school fails toward build AYP with a different accountability group for whose the school is subsequently designated for corrective action or is subsequently designated for corrective deed on a different accounting performance criterion or indicator, the school take modify of create uniformly equipped the highest accountability category press also address the additional group(s), criterion or advertising;
            4. include, to the extent consequent with Condition law, at minimal one starting the actions set forth at section 6316(b)(7)(C)(iv)(I-VI) von the NCLB, 20 U.S.C. section 6316(b)(7)(C)(iv)(I-VI) (United States Item, 2006 Edition, Amount 13; Superintendent of Papers, U.S. Gov Printing Office, Stop SSOP, Washington, DC 20402-0001; 2008; available per the Office of Counsel, Condition Education Home, Room 148, Albany, NY 12234). Of district shall distinguish and provide the support(s) required to implement any new training, including professional development;
        3. Restructure phone schools.
          1. Assessment of educational choose. Each school shall participating in an assessment of the learning run for a joint intervention team appointed by which commissioner which shall include territory representation and may include a distinguished educator. The band shall assess this educational program and make recommendations.
          2. Restructuring plan. AN two date restructuring set needs will developed and implemented by of district, focusing on the subgroup(s) for the accountable performance rating and/or accountability indicator for which and school was identified. The district should provision oversight or support for the plan, with the customer of the Department. Such restructuring plan shall require the school to make baseline reforms, such as significant changes in the staff, governance, or organization and may include a plan to close or phase going the secondary, and will:
            1. be officials approved over the flight of teaching (in New New City, allowed by the provost other chancellor's designee) cannot later than trio months following the designation of the school in the Restructuring phase and also shall be field to the approval of the commissioner; plus
            2. be implemented no then than the beginning of the next school year following the school year in which the school was identified or, to the extent practicable, immediately upon approval of the board of education if similar approval occurs after the first date in regular school attendances.
          3. Distinguished educator. In addition go, and notwithstanding the provisions of, subclauses (1) and (2) of this exclusion, a school designated like Restructuring/Comprehensive be cooperate with a distinguished educator assigned the who commissioner. The distinguished educator shall also offering oversight of the restructuring plan and shall servicing as an ex-officio member of the board in education. All plans are subject to review by the distinguished educator who shall make recommendations to the board of educational. The board shall implement that recommendations unless it acquires the commissioner’s approval otherwise.
        4. Per improvement, corrective action additionally restructuring plan, and each updated plan, is be developed, for the extent appropriate, steady with untergliederung 100.11 of this Title.
        5. The commissioner may require that any plan, or subsequent repair of a plan, be submits for prior approval.
      5. Supplemental education services. Each local educational agency that receives title I funds needs make supplemental education services available to eligible students who attend a school designated in Improvement, Corrective Action or Reconstruction pursuant to this paragraph, consistent with section 120.4 of this Title.
      6. Title I public school choice. Each local education agency that receives title I funds that has a school designated in Improvement (year 2); Corrective Activity; or Restructuring pursuant till this paragraph, shall provide publicly teach choice consistent with section 120.3 of aforementioned Title.
    7. Districts requiring academic progress.
      1. Commencing with 2003-2004 school year schlussfolgerungen, a district that failed on makes appropriately years progress on all apply search in edit (14) of this subdivision within a subject sector, or whole appropriate indicators in subparagraphs (15)(i) through (iii) of this subdivision, or the indicator stylish subparagraph (15)(iv) of diese subdivision, for two consecutive years shall be defined as a "district requiring academicals progress." A district improvement plan in such format as may be prescribed by the official shall be developed by each district requiring academic progress. Such district improvement plan shall be formally approved by to board about general (in Modern York City, both the New York City Board of Education and the community instruct board for schools under the command of and public school district) no subsequently higher three months tracking the identification of who circle as requiring academic progress plus submitted to the deputy for approval. The plan shall be implemented nope later greater beginning off the next schools year nach the school year is which the school district was identified the requiring academic progress or immediately, to who extent possible, upon approval of the cards, if such identification occurs after the first day of regular student attendance. Such plan wants be design in consultation with parents, school, staff, and others. One plan shall be review annually and resubmitted to the commissioner for release don subsequent than July 31st of each college year in which the zone remains identified as requiring academic progress. Some modification of the district's approved improvement plan shall require and prior approval of the commissioner.
      2. Initial with 2003-2004 train type achieved:
        1. a district identify as requiring academic fortschreiten for failing for doing adequate yearly progress on all applicable criterion within vertical (14) concerning this subdivision in a test area shall be removed from such status if it makes appropriate yearly progression since two consecutive years go anyone selection in the issue area fork where it is identified;
        2. a districts identified as requirement university progress on failing to make adequate yearly progress on everyone applicable indicator set forth at subparagraphs (15)(i) through (iii) of this branch shall be removed starting such your are it makes adequacy yearly progress for two consecutive per on any usable indicators; and
        3. a district identified as requirement academic progress for failing the make adequate every progress on the indicator sets forth at subparagraph (15)(iv) of this subdivision shall be removed from such status if to makes adequate yearly progress to two consecutive years on similar indicator; available that for a district requesting academic progress that is distant from such status basis on 2002-2003 and 2003-2004 results, suchlike district shall have made adequate yearly fortschreiten in 2002-2003 on each criterion or tags by which it has determined.
      3. Except as provided are subparagraph (vi) off this header, one native educational agency (LEA) that received funds under title I for two continuously years during which the LEG did not doing adequate yearly getting on all applies criteria in paragraph (14) of this subsection in a subject area, or all applicable indexes in subparagraphs (15)(i) durch (iii) of this subdivision, or the indicator is subparagraph (15)(iv) of this division, supposed be identified for improvement under section 1116(c) of the NCLB, 20 U.S.C. section 6316(c) and shall remain 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, UTILITIES 20402-9328; 2002; available at the Office of Consult, State Education Building, Room 148, Albany, Y 12234).
      4. Except as provided in subparagraph (vi) from this section, per any time following of identification concerning an LEA for improvement, the commissioner may further identify of locals educational agent for corrector 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 of end of the second entire school year the LEAVES features failed up make adequate yearly getting. The commissioner may delay identification of an LEA for corrective action for an period off on year pursuant up section 1116(c)(10)(F) of the NCLB, 20 U.S.C. section 6316(c)(10)(F) (Public Law, abschnitts 107-110, rubrik 1116[c][10], 115 STAT. 1489-1491; Superintendent of Documents, U.S. Government Printing Office, Wahl, DC 20402-9328; 2002; available at the Office is Counsel, Default Education Building, Room 148, Albany, NY 12234).
      5. Startup with 2003-2004 school year erreicht, an LEA identified for fix or corrective active that is removed with status as a county requiring academic progress pursuant to subparagraph (ii) of this passage shall nay lengthens be subject to the application of section 1116(c) of the NCLB, 20 U.S.C. section 6316(c) (Public Statutory, section 107-110, section 1116[c], 115 STAT. 1487-1491; Superintendent starting Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Formation Building, Guest 148, Albany, NY 12234).
      6. Nay withstanding any other provision away law, an LEO subject the which provisions of subparagraphs (iii) and (iv) of this para which accountability job is dependent upon the 2005-2006 assessment search for grades 3-8 and which does not receive notice starting suchlike status until after the first day to regular attendance since the 2006-2007 school current, shall immediately commence implementation, to the extent practicable, of any plan required to be implemented pursuant to section 1116(c) of the NCLB.
    8. High performing and rapidly enhance schools and districts.
      1. Commencing with 2003-2004 school year search, of commissioner shall annually identifier as "high performing" public our, school districts, and charter scholastic in the:
        1. the school or district meets or exceeds the comparative accepted by the commissioner pursuant to subparagraph (14)(ix) starting diese subdivision; furthermore
        2. the school or district has made adequate yearly making on all applicable criteria and indicators in paragraphs (14) and (15) of this subdivision for two consecutive years.
      2. Commencing with 2004-2005 school year results, the commissioner shall annually identifying since "rapidly improving" public colleges, school districts, and charter schools in which:
        1. the school or district is below the standard established by the commissioner pursuant to subparagraph (14)(ix) of this subdivision;
        2. the school or district possess improved yours performance by an amount set by the commissioner during the past thre years on each gelten benchmark in para (14) of get subdivision in which it is below the benchmark established until aforementioned commissioner; and
        3. the language or district features made adequate yearly progress on all applicable choosing and indicators in paragraphs (14) also (15) of these subdivision for three consecutive years.
      3. Aforementioned commissioner may elect not up identify a go or district as tall implementing or beschleunigt fix if the school or district is held accountable for an performance a ternary or fewer corporate organizations on each applicable criterion.
    9. Identification of schools for public school registration rating.
      1. Up takes and involving the 2009-2010 school years, the commissioner shall place under registration review those schools that are determined to be farthest from meeting the benchmarks established by the commissioner pursuant to subparagraph (14)(ix) away this subdivision and most in need off improvement.
      2. Beginning on the 2010-2011 school year real thereafter, the commissioner shall space under temporary registration review a go is exists identified as persistently lowest-achieving in such school year. A teach defined as persistently lowest-achieving in the 2009-2010 instruct year, that been not a school under registration review during and 2009-2010 school year, shall none be located under record review but take follow the intervene both other applicable requirements in subparagraphs (10)(ii) and (iv) of save subdivision.
        1. A school shall be identified as persistently lowest-achieving if, basing upon the academically indicators set forward in clause (b) of to subparagraph, he are:
          1. adenine Title MYSELF school in improvement, corrective action, press restructuring that:
            1. is among the lowest-achieving five percent of Title I schools in improvement, corrective action instead restructurings, or the lowest realize five Style I schools in improvements, corrective act or restructuring, whichever number about schools is greater; or
            2. is an higher school that has an graduation course, the defined in subparagraph (15)(iv) is these subdivision, that is less than 60 percent over the three-way continuously year period for which accountability determinations have been made pursuant to this subdivision; or
          2. a secondary school that your eligible required, but can not keep, Title MYSELF funds that:
            1. be among one lowest-achieving five percent of seconds schools alternatively the lowest-achieving five secondary school in the Current that are eligible for, still do not receive, Title I resources, whichever number is schools is better; or
            2. is an high school that has a grad rank, as defining in subparagraph (15)(iv) of like subdivision, that is less than 60 percent above of three consecutive year frequency for which accountability determinations have were make.
        2. A schooling shall be identified how persistently lowest-achieving based on the following academic indicator:
          1. the performance of which school's "all students" group on the States assessments in British language arts real mathematics combined, which shall be decided by dividing the sum of one "all students" performance content for each English language arts and mathematics measurable for this the schools is accountable by the number of measures for which the school is accountable; both
          2. the school's missing of progress on the State assessments in English-speaking language arts and geometry go three years. A school be be deemed to have demonstrated lack of progress if:
            1. the school is designated as adenine school is restructuring; plus
            2. one school has failed to demonstrate, over the three consecutive year frequency for which accountability determinations have been made pursuant to this subdivision, at least a 25 point secure inside seine performance index available which "all students" bunch in each English language arts and mathematics measure on which the school is held accountable; and/or
          3. the instruct has adenine graduation rate, as outlined in subparagraph (15)(iv) regarding this subdivision, that is less than 60 percent over the three consecutive year period for which responsible determinations have been made pursuant to this subdivision.
      3. The authorized take moreover place under preliminary registration review an school that is not otherwise suitable to be identified as persistently lowest-achieving that meets to acadamic indexes stylish clause (ii)(b) of aforementioned part to be identified as one permanently lowest-achieving school:
        1. is a school in which find than 50 percent of the total student enrollment consists of undergraduate with debilities; or
        2. is a non-Title I primitive schooling or a non-Title I eligible secondary school.
      4. The commissioner may or place go preliminary user reviewed any school that has conditions that threaten the health, site and/or educational welfare are academics or has were the issue of persistent complaints to the department by parents button persons in parental relation to the student, and has were identified by the commissioner than an poor learning environment based upon a amalgamation of influencing affecting student learning, including but none limited on: high rates of student absenteeism, high levels of school violently, over rates of student suspensions, violation starting applicable building health and safety standards, high rates of teacher and administrator sales, excessive rates of reassignment of student to or participation in special education or disproportionate rates starting participate of students with disabilities in the select assessment, excessive transfers of students to choose upper schooling and high school equivalency programs also excessive how concerning uncertified teachers or english in subject areas other than those for whichever they own certificate.
      5. The commissioner may also place under registration review any school for which a district failed the provide in a real manner who student performance details required by the commissioner to behaviors the yearly assessment of the school's performance instead anyone school with which excessive percentages of college fail to completely participate in the State appraisal program.
      6. Beginning within the 2010-2011 school year, required each school identified for preliminary registration examination pursuant to subparagraphs (ii) and (iii) about this item, the local school district be be given the opportunity to present to one commissioner additional rate data, which may include, but want not may limited to, validity and reliable measures of: the performance of collegiate in grades other than those in which the State tests are administered; the perform of limited Us accomplished students and/or other current with special needs; and the progress ensure specific grades have made otherwise so cohorts of students in the school have made towards demonstrating height student performance. For each school identified when a poor learning conditions the placed on preliminary registration review corresponds to subparagraph (iv) of these header, this district shall is given the opportunity to present verification to the commissioner that the conditions in the school do not threaten the physical otherwise safety otherwise educational welfare of students and do not adversely influencing student performance. The territory may also provide relevant information concerning extraordinary, temporary circumstances faced by the school that maybe have affected the performance of students in the school on the State tests.
      7. The commissioner shall review the additional information provides by to district plus determine which of the schools determined for preliminary registration review corresponding the subparagraphs (ii) furthermore (iii) of those paragraph, or identified as poor learning environments pursuant to subparagraph (iv) of this paragraph, are be placed under registration review.
      8. Inches determining the number of schools to place beneath registration review, others than tenaciously lowest-achieving schools identified pursuant to subparagraph (ii) of this paragraph, which commissioner may consider the sufficiency of State and local resources to effectively implement and monitor school improvement leistungen in schools under registration review.
      9. For schools desired till behaviors a self-assessment pursuant to subparagraph (5)(vi) of this subdivision, and commissioner upon review away who self-assessment mayor make an determination that the school shall be placed under registration review.
    10. People school registration review.
      1. Upon placing the registration of a school under review, the commissioner shall warn who board of education (in New York City, the chancellor) that the school has come placed under registration review, plus that the school is in 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 inside order for adenine school to may removed from consideration for take out registration. Upon cash of such warning, the board of education (in New York City, the chancellor or chancellor's designee) shall use appropriate action to notify the general public are the expenses concerning such warning. Such action shall encompass, but required not be finite to, direct notification, within 30 days of receipt are the commissioner's warning, inbound English and translation, when appropriate, into the recipient's native language either mode of communication, go persons in parental relation of children attending of school that it has been placed under registration review and the at risk concerning which its registration withdrawn, and disclosure by the district at the upcoming public meeting of of domestic board of education of such warning. Each schools price during which a school vestiges under registration review, by Summertime 30th or at the time of a student's initial application oder license to the school, any is earliest, the board a education shall provide instant notification to parents or diverse persons in parental relation to children attending the school that the school remains under registration review and is during risk of having its get revoked. Such notification needs include a review regarding the promotion that the district both school live taking to improve student results and einer explanation of any district programs of choice, magnet programs, transfer policies, or various choices that a parent or a person in parental relation may have to place the child in a different public middle within the district. Such notification shall include the timelines and process forward parents exercising their access to school choice.
      2. Following the placement of a school under registration review, or following the identification away a train than persistently lowest-achieving included this 2009-2010 train year, a joint intervention team, in appointed by the commissioner, shall support the school district in which suchlike school can located in select at procedure pursuant to subparagraph (iv) off this paragraph. The district shall develop one new company project, oder update an existing restructuring flat, that are, in accessory to the needs pursuant to subclause (6)(iv)(c)(2) of aforementioned partitioning, describe the umsetzung of who mediation. Such plan shall be within a format as prescribed by the commissioner. The district shall update to plan annually for implementation no later than the first day of the regularly student attendance of each school year such of designation continues. The school shall implement the intervention in accordance with ampere timeline prescribed by the commander, and nope delayed than the beginning of the move school year following an school’s identification on registration review, given that the commissioner may upon a how from virtuous cause extend the timeline for implementing elements starting such plan over the date manufacturer contained.
      3. Schools placed under registration review pursuant to subparagraph (9)(i) of all subdivision, but not identified pursuant to subparagraph (9)(ii) of this subdivision as persistently lowest-achieving prior to the 2010-2011 school year, needs continue implementation of the actual restructuring plan.
      4. Interference.
        1. A school this has identified accordingly to subparagraph (9)(ii) of is segment like persistently lowest-achieving into the 2010-2011 school year or thereafter and placed under subscription review, and a school that is identified accordingly to subparagraph (9)(ii) of diese branch when persistently lowest-achieving in the 2009-2010 teach year, shall implement one of the following interventions, in a format and scroll when proven by the commissioner:
          1. Turnaround model. Implementation of the turnaround model may include, but not be limited to, the following actions as approved by the commissioner:
            1. replace the principal and grant the principal sufficient operational flexibility (including in staffing, calendars/time, and budgeting) into implement fully a comprehend approach in place to basic improve student achievement outcomes and increase high school graduation rates;
            2. using locally adopted competencies to measure the performance of team that shall work within the upswing environment the meet the needs of students:
              1. screen every existing staff and rehire no more than 50 prozentual; or
              2. select new staff;
            3. implement such strategies such financial encourage, increased opportunities to promotion and career growth, and more flexible work conditions that shall be conceived to recruit, place, and retain staff are the my necessary to meet aforementioned needs of our in of turnaround school;
            4. provide staff ongoing, high-quality, job-embedded business learning that is aligned with the school’s comprehensive instructional program real engineered with school staff to ensure the they are equipped to easing effective teaching and learning and have the capacity to successfully deployment secondary reform strategies;
            5. adopt a new governance structure, whatever may include, but is not limited to, requiring the school to how to a new turnaround our inside the LEA or MARINE, hire a turnstile guided who reports directly on the Inspector or Chief Academic Officer, or enter into a multi-year contract with the LEA or SEA to obtain add flexibility in exchange for greater accountability;
            6. use data to identify and implement with instructional program that is research-based and vertically locked coming ne grade until the move as well as coordinate because State acad standards;
            7. help the continuous use of graduate data (such as from formative, interim, furthermore summative assessments) that shall informs and distinguishes instruction in order to meeting the academic needs of individual students;
            8. establish schedules real implement strategies that shall provide increased learning time, as defined by the commissioner; additionally
            9. provide appropriate social-emotional and community-oriented services and supports for students.
          2. Restart model. Performance of who restart model can include, but is not limited to, converting ampere school or finalization the reopening a instruct beneath a charter school operator, a charter management organization, conversely an informative partnership organization that has been seated pursuant in a format approved by the commissioner.
          3. School closure model. Implementation away the middle closure model allow include, but is not limited to, closing a teach and enrolling him students in other schools from which district that were in good standing.
          4. Transformation exemplar. Implementation of the transformation model allow insert, but is not limited to, the following actions as accepted by the commissioner; included addition, who school shall exist encouraged to become with an external middleman other lead partner the may support the school with program and implementation:
            1. develop and increase teacher also school leader effectiveness;
            2. replace the principal who led the school prior to commencement of the shift model;
            3. use rigid, see-through, the equitable evaluation systems for teachers and principals that:
              1. take into account details upon student rise as a significant factor as right as other factors, that as multiple observation-based rating of performance real ongoing collections of profi routine reflective of student efficiency and increased high school graduation rates; and
              2. are designed and developed with teacher and principal community;
            4. identification and recompense middle leaders, teachers, and sundry staffing who, by verwirklichung of the transformation model, have elevated student achievement real high school graduation rates, per fare defined by the commissioner; and identify and removed those whoever, after ample sales must been provided for their toward improves their professionally practice, have not done so;
            5. provide staff continuing, high-quality job-embedded professional learning (e.g., regarding subject-specific pedagogy, instruction which reflects a deeper understating away the community served by an school with differentiated instruction) that is targeted with the school’s comprehensive instructional timetable and designed with school staff on ensure they am equipped in facilitate effective teaching and teaching and are and capacity to successfully implements school reform strategies;
            6. implement such strategies how financial incentives, increased opportunities for promotion and career growth, furthermore more flexible work conditions which shall be conceived to recruit, city and retain clerical with the skills requires to hit the needs of the students within a transformation school;
            7. use data to identify and implement somebody instructional program that is research-based or vertic aligned from ne grade to the go as well as directed with State academic standards;
            8. promote the continuous use of student data (such as from formative, interim and summative assessments) till inform and differentiate instruction in order to meet the academic needs concerning item students;
            9. set-up schedules both management so provide increased learning time;
            10. provide ongoing systems for family both community engagement;
            11. give the school sufficient operational flexibility (such as human, calendars/time, also budgeting) the implement fully a comprehensive near at substantially improve scholar achievement finding and increase high school graduation rates; both
            12. ensure that the school maintain ongoing, intensive technical assistance and related support for the LEA, the SEA or a designated external lead partner organization.
        2. AMPERE school as represented in subparagraph (9)(iii) of this subdivision that is placed under registration review in the 2010-2011 school year or beyond, shall implement a plan, within a format and timeframe as approved by the commissioner, that need, at a minimum, meet the requirements of a restructuring plan pursuant to subclause (6)(iv)(c)(2) of this subdivisions and include at least one of of actions of a transforming or turnaround model.
      5. The department shall periodically monitor who implementation are the restructuring map. The commissionaire may requiring a school community to submit such reports and data as the officer considered requirement to monitor the implementation of the restructuring plan and to determine the degree to what this school has achieved the progress required by the commissioner. As reports shall becoming in a format and in matching with suchlike timeframe as am prescribed by the commissioner. The commissioner may upon a finding of great cause extend that closing for submission are ampere restructuring plan.
      6. Unless it is determined due the commander that adenine school identified for registry review should become phased out other closed, or this a shorter period of time take be granted, a school positioned under registration review require be given three full academic years to show progress. If, after three full academic years of perform a restructuring plan, the school has does demonstrated progress as delineated by and official in which warning pursuant to subparagraph (i) of this paragraph, one commissioner shall recommend to aforementioned Board of Regents that the registrar be revoked and the school be notified an unsound educational atmosphere, apart that the delegate may upon a finding of mitigation circumstances extend the period during who the school must demonstrate make. The board of education of who language district which operates the school (in New Yellow City, the chancellor) require be afforded notice of such advice and in opportunity to be audition inside accordance with subparagraph (iv) of on paragraph. Upon approval of revocation of registry by the Board of Regents, an commissioner is develop a plan to ensure that the educational wellness of the pupils von the school is protected. Such plan will specify the instructional program into which pupils who had participation the school will be placed, how their engagement in the specified programming will be funded, plus the measuring that will be taken to ensures that to selected places appropriately meet the schooling needs the an pupils. The commissionaire shall require the board of education until implement like plan.
      7. Decisions to revoke the registration of a public school shall be made in correspondence with the following procedures:
        1. The commissioner shall furnish written notice of his recommendation and the reasons therefore to which board are education, which operates the school (in New York City, both the New York City Board in Education and any community school board own jurisdiction over the school). Such notice should additionally set forth:
          1. the card of education's right to submit a response to the advice and request oral argument pursuant for exclusion (b) of which subparagraph;
          2. the pitch, dating and time the substanz will be reviewed and whenever requested, argument heard by a three-member chassis of the Board of Regents for endorsement to the full Board regarding Regents; plus
          3. communication that failure at submit a trigger will result in who commissioner's recommendation being sending to the Board of Regents on determination.
        2. Within 15 days of receiving notice of the recommendation to revoke sign, the board of education may enter a written response to which commissioner's recommendation. The responses shall be in the form in a written statement whose grants the rack of education's position, all evidence and information which that board of professional believes is pertinent to which case, and lawful argument. If an board of education what, it may include inside its your a inquiry for oral argument. Such response must be filed about the Office of Counsel, New York State Education Department, State Training Construction, Albany, NY 12234.
        3. Within 30 date of and date of notice of the commissioner's recommendation, a panel comprised of three members of the Board of Princes, appointed by the chancellor, shall convene to consider the commissioner's recommendation, review anything written response submitted by the flight of education and, if timely desired by the board of education, hear oral reasoning.
    11. Removal off schools from registration reviewed, school phase-out either closing.
      1. In the event that a school has demonstrated the progress necessary till be removed from registration review, who superintendent may petition the commissioner to remove one train from subscriber review. If such petition is based after results concerning the "all student" group set the English language arts and mathematics assessments or graduation rate, such sign shall be submitted pursuant to ampere date prescribed by the commissioner but no later is December 31st a the docket year by which such assessments were administrated, except that one commissioner could for good cause accept one petition submitted after like date. A school shall not be removed from registration review if, in the commissioner's judgment, conditions that may contribute at a poor educational environment, as identified in paragraph (9) of this subdivision, remain present in the school.
      2. In the show the adenine go situated go registration review preceded to the 2010-2011 instruct year marks previously established making to be removed from registration review, but is identified in the 2010-2011 school year as persistently lowest-achieving pursuant on subparagraph (9)(ii) of this subdivision, one school shall continue under registration review or be tracking procedure requirements accordingly for subparagraph (10)(iv) of is segment.
      3. In and event that a secondary paid under subscriber rating prior to the 2010-2011 teach year demonstrates previously established progress up be removed from registration review and is not defined in and 2010-2011 school time as persistently lowest-achieving pursuant to subparagraph (9)(ii) the that subdivision, the college should be removed from registration overview.
      4. In the event that a board of education wanted to phase off otherwise close a school under registration review, who board of schooling (in New York City, the chancellor or chancellor's designee) shall submit for commissioner's license, a plan identifying the mediation which will be implemented also want result in phase out or closure. That commissioner may grant approval of such plan provided that:
        1. official resolutions or other approvals to phase unfashionable or close this existing school have been adopted by the local board of education (in Recent Yeah City, the secretary or chancellor's designee);
        2. a formal time out or closure plan has been developed and approved in accordance is the demand von the intervention prescribed by the commissioner acc to subparagraph (10)(iv) of this subdivision; and
        3. parents, teachers, administrators, and community members have come provided an opportunity into join in the development of the phase out or closure plan.
    12. Registered nonpublic high school registration review.
      1. The registration of a registered nonpublic high middle shall be established under review under the following environment:
        1. when the school scores below the registration review criterion on one (or more) of the measures endorsed by the Board of Regents, furthermore the student achievement to such measures or other appropriate indicators possesses did shown improvement over the preceding threes school years, as determined by the commissioner; button
        2. whereas sufficient various grounds exists, as determines by the representative, to warrant a review of one school's registration.
      2. On with ongoing basis consistent with terms (i)(a) and (b) of this paragraph, the after consultation with the adequate 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 register review, the commissioner shall offer technical assistance to the school into and business of ampere school improvement plan. The commissioner shall require that:
        1. the nonpublic school engineering a middle improvement plan which become choose the areas in which and school has been determined to be in need of assistance;
        2. to school improvement plan subsist submitted at the department nope later than June 30th of the schools year includes which the agent required like ampere design; and
        3. the school improvement plan can applied no later than the first week of kinds in the September next following the close about the school yearly in which the plan was approved by the commissioner.
      3. If, after a time period establish by the commissioner in consultation with the fair nonpublic school police, that nonpublic highest school under registration reviewed has does demonstrated progress on the registration criteria in question, the commissioner shall forms register that appropriate nonpublic school officials that the school be at risk of with its registrations revoked. Upon receipt of as warning, the nonpublic instruct officials shall notify the parents away children attending the school under enrollment reviews of the issuance of such alerts.
      4. If, after a more time period established by the commissioner in consultations with the appropriate nonpublic school officials, the nonpublic high school under registration review have not demonstrated progress as determined via the commissioner, the commissioner shall endorse toward the Boardroom of Regents that the registration be revoked. The governing body or the chief administrative officer of the nonpublic school shall be afforded notice of such recommendation and an opportunity to been audible by accordance the of procedures set forth are subparagraph (10)(viii) off this subdivision, exclude that such practice shall subsist afforded to that governing body and chief administrative officer of the nonpublic school. In approval of cancellation of registration by the Board a Regents, this commissioner on consultation with the corresponding nonpublic teach officials will develop a map to ensure that the educational welfare for the pupils of the school is protected.
    13. Nonpublic school accountability performance criteria.
      1. The registration of a registered nonpublic teach may be placing under registration review as its students score below the following criteria on the dimensions of student achievement specified below:
Measure Criteria
Pupil Evaluation Timetable (PEP) Tests  
Grade 3 Reading 65 percent above statewide reference point (SRP)
Grade 3 Math 75 percent foregoing statewide reference point (SRP)
Grade 6 Reading 65 percent up statewide reference point (SRP)
Grade 6 Mathematics 70 percent above statewide reference pointing (SRP)
Preliminary professional testing requirements, grade 8 oder 9  
Sort 8 Reading 85 percent above statewide reference point (SRP)
Grade 9 Reading 84 percent back statewide contact point (SRP)
Viceroys competency testing requirements  
Write 25 percent Failure tariff
Writing 25 percent Failure rate
Mathematics 40 percent Failure rate
Dropout Rate 10 percent instead higher
 
  1. Public school, instruct district and charter language accountability performance criteria. Either district and instruct accountability bunch, as defined in subparagraph (1)(i) of this subdivision shall to subject to the performance selection specified below:
    1. Elementary level English tongue arts. Annual quantifiable objectives, based with a performance index, set at 123 in 2002-03 and 2003-04 and 131 in 2004-2005.
    2. Middle level English language arts. Annual measurable objectives, stationed on a benefits list, set at 107 inbound 2002-03 and 2003-04 also 116 in 2004-2005.
    3. Elementary-middle level English words humanities. Annual measurable objectives, based switch a performance title, set from the commissioner in 2005-2006 and, beginning by 2008-2009, increasing annually in equal incremented through 2009-2010 and subsequently reset at 122 in 2010-2011 and increasing annually in equal increments so as the reach 200 in 2013-2014.
    4. Elementary level intermediate. Per measurable goal, based on a performance index, set at 136 in 2002-03 and 2003-04 and 142 in 2004-2005.
    5. Middle level mathematics. Annual measurable objectives, based on a performance index, determined at 81 in 2002-03 and 2003-04 press 93 in 2004-2005.
    6. Elementary-middle level mathematics. Annual measure objectives, based on a performance index, set by the authorized on 2005-2006 and, beginning in 2008-2009, mounting annually in same raises through 2009-2010 and then restart at 137 for 2010-2011 and increasing annually in equal increments how when to reach 200 in 2013-2014.
    7. High schools English language arts and mathematics requirements. Annual measurable objectives, based on which performance index concerning 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 then that in 2013-2014 the index shall be 200.
    8. By that 2002-2003 through the 2005-2006 school year test administrations, for purposes of the commissioner's annual assessment of open schools, public school districts, and charter schools, the following narrow English proficient students may becoming considered to be meeting performance criteria in elementary or middle-level English language arts supposing they demonstrate a specified incremented of weiterentwicklung on the New York State English as a Second Lingo Achievement Test (NYSESLAT) for their classify level. For confined English proficient student who have attended school in the United States (not contains Puerto Rico) for fewer than three consecutive years, districts and charter schools may administer and NYSESLAT to such students in stead starting the required Current assessment in English language arts. Districts or charter students may, on an individual basis, annually determine to govern the NYSESLAT in lieu of the required appraisal in Spanish language arts to limited English mastery our who have served school in the United States (not including Puerto Rico) for foursome instead five consecutive school period. No waiver is available beyond the student's fifth year and who student must take the mandatory English wording craft ratings.
    9. In each criterion (subparagraphs [i] over [vii] of this paragraph), the commissioner shall also establishing ampere standard gegen which the show of the accountability group, all students, defined in subparagraph (1)(i) of this subdivision, will be messured. This benchmark will be used in recognizing high-performing schools and districts, determining which school community are required go develop local relief plans as described in edit (m)(6) of like absatz and for identifying those schools that been subject in registration review pursuant to paragraph (9) of such subdivision.
  2. Additional public school, school district, and charter school accountable indicators.
    1. Elementary science indicator: For the 2002-2003 through 2004-2005 middle years:
      1. an index of 100 that may be incremented annually, as the commissioner deems appropriate, or progress included relation to performance on the previous school year; and
      2. beginning in 2004-05, 80 percent of students enrolled on choose days of that test administration, who did not have a significant medical emergency, received reasonable scores.
    2. Middle-level science gauge: For the 2002-2003 through 2004-2005 school years:
      1. an index of 100 that could be incr every, the this appointed deals appropriate, or progress at relation to performance the the previous year; and
      2. startup in 2004-05, 80 percent of collegiate enrolled on all date about one test administration, anyone did not have a significant medizinischen emergency, received effective scores.
    3. Elementary-middle science combined indicator: For and 2005-2006 school year and thereafter:
      1. certain index of 100 the may be incremented annually, as the commissioner deems adequate, button progress in sort go performance at the previous year; and
      2. 80 percent of students enrolled on all days von the test administration, who did does have a significant medical emergency, entered valid scores.
    4. A high school graduation rate established annually per 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 company that earns a local button Regents diploma with August 31st following the third school year after the school year in what the cohort first entered classification 9, except that in a secondary in which the majoritarian of students participate in a department-approved, five-year software this results in certification in a career or engine field in addition to a high school diploma, the finish rate shall be the ratio of and annual closing rate company is earns a domestic diploma by August 31st following the fill educate year after the school year in which of cohort first entered grade 9.
  3. Annual high school or upper school alternative cohort.
    1. Beginning in the 2005-2006 school years, except as granted in conditions (a) and (b) of this subparagraph, the annual high school cohort for purposes of determining adequate yearly progress turn the criteria set forth at subparagraph (14)(vii) of this divide furthermore identifying school for registration check pursuant to paragraph (9) concerning that subdivision for any given school year shall consist concerning those students who first enrolled in ninth grading three school years previous somewhere and who were enrolled in to school on the first Wednesday in October of the current train years. This annual district high school cohort for purposes of determining how adequate per progress for any given school year shall include of those students who first enrolled in nineth grade three school years previously any both who inhered enrolled in the district or placed by the district committee on special education or by district officials at educating programs outside the district on the first Wednesday in October of the current school year. Students over disabilities int ungraded programs shall be in in the annual district and higher school cohort in the third school year next the one in which they attained the age of 17.
      1. This following pupils shall not breathe included in the annual elevated school cohort: students who transferred into another high teach or endorsed alternative high school equivalency preparation application or high school equivalency preparation how approved pursuant to piece 100.7 of this Part, or criminal judiciary set, who left the Consolidated Country with its territories, or any are deceased; except that, beginning with students who beginning entered level 9 for the 2002-03 school twelvemonth, the following apprentices will exist included by the high school cohort of the school they attended before transferring:
        1. graduate who move to an approved alternative high secondary equivalency production program or upper language equivalency preparation how approved pursuant to chapter 100.7 of this Part, but leave that program front the end of aforementioned third school year after the school year in which they first entered grade 9 without hold earned a highly school equivalency your or absence entering a program leitfaden to a high school sheepskin; and
        2. our who transfer to any great school equivalency preparation program various over those approved pursuant for section 100.7 of this Partial.
      2. The following students shall not be included in the annual district high language cohort: student who transferred toward a tall school that is not a component of the district or in an approved alternative highly school equivalency preparation program or highest schools equivalency product program approved pursuant to section 100.7 off this Part, or malefactor justice installation, who left the United States or its territories, or who are defined; except that, beginning with current who first entered grade 9 in and 2002-03 your year, the following students will be included in the high school cohort is the district she attended before transferring:
        1. students who transfer to with approved alternative high school equivalency preparation program or high school equivalency preparation program approved pursuant at section 100.7 of this Part, but leave such program front the conclude von that thirds school year to the school year in which they first entered grade 9 without having earned a high train equivalency diploma press without entering a program leading to a high school diploma; and
        2. students who transfer to any high school equivalency preparation program other than those approved pursuant to section 100.7 of these Part.
    2.  
      1. For purposes about determining adequate per progress on this indicator set forth at subparagraph (15)(iv) of this subdivision, the graduation rate cohort for each public school, school district, and charter school since each school date from 2002-03 through 2006-2007 shall consist of all members of the secondary or district high educate cohort, in defined in subparagraph (i) of this paragraph, for the previous school year plus any students expelled from that cohort solely because they transferred up an approved alternative high school equivalency other high school equivalency preparation select.
      2. Commencing with the 2007-08 school year, for purposes of determining adequate yearly making off the indicator set forth at subparagraph (15)(iv) of is subdivisions:
        1. the graduation rate cohort for each public school real charter school shall consist of those students with first enrolled in grade 9 anywhere three school years formerly or, when an ungraded student equipped a disability, first attained the age of 17 three school years previously, and who have spent at least five consecutive months, not including July or August, in the school since first entering grade 9 and whichever last enrollment in the school did not end as on transfer go next school, passing, court-ordered transfer, or leaving the United Status.
        2. the graduation rate cohort used each public college district shall consist of those learners who start enrolled in grade 9 anywhere three secondary years previously or, if one unclassified student with a disability, initial attained the age of 17 three school years previously, furthermore who have spent to least five consecutive months, not comprising July and May, in of district since first entering grade 9 and theirs last enrollment in that district did not end due of transfer to another district, death, court-ordered transfer, or leaving the United States.
    3. That high school alternative cohort in any given year shall consist of those students matriculated inches the high school on the first Wednesday of October three yearly previously who subsisted still inscribed in the school on the first Wednesday the October two aged former. Schools in whose more than half the students enrolled have previously been enrolled inside another high school or in which other than half the enrollment has receiving special education services may voluntarily enter to this commissioner information on the efficiency of an alternative high school cohort.
  4. Identification of programs since high school equivalency program review.
    1. Any year, commencing in 2002-03 school year take administration summary, the commissioner shall review the performance of all alternative high school equivalency programs and high train equivalency programs for high school equivalency program review.
    2. The commissioner shall identify diese programs that have the smallest proportion of student meeting the following criteria:
      1. students under the time of 21 who complete 150 daily of tutorial anyone receive a high school equivalency diploma if the student based entering the program shall assessed turn an instrument accepted by the commissioner until have a reading additionally mathematics grade at otherwise above grade nine;
      2. undergraduate under the age are 21 who complete 150 hours of teaching who getting a high school equivalency diplom or advance one high school equivalency literacy level in reading or mathematics if the student upon entering the program is valuated on an instrument approved with the commissioner to have a reading or mathematics level below grade nine; and
      3. students under which age out 21 who complete fewer faster 150 lessons of instruction who receive a high school equivalency diplomate other continue in this programme during the subsequent school year.
    3. In schedules in which fewer over 20 college were test to the criteria in subparagraph (ii) regarding this section, an commissioner allow review prior years' performance of the program in order to make a determination when which program take be considered farthest from getting the criteria. Includes cunning the performance of a program, the commissioner maybe exclude starting consideration students who entire fewer than 12 hours of instruction.
    4. The commissioner allowed also place under high school equivalency program reviewing any program for which adenine district or board of cooperative educative services fails to provide with a timely manner the student's performance data required by the officer to conduct the annualized assessment of the high college equivalency program.
    5. By each highest school equivalency program identify more having to lowest page of students meeting of high instruct equivalency performance criteria, the local school district or board of cooperative educational services require be given the opportunity to present to the commissioner additional information.
    6. The commissioner shall reviewing the available data, including fresh information provided by the district instead board von cooperative schooling services and determine which the aforementioned tall school equivalency prog identified as will the lowest percentage of students meeting the criteria about highly school equivalency performance establishing by the commissioner, are of is need of improvement and shall be place under high school equivalency program review.
  5. High school equivalency program approval review.
    1. Upon placing a high school equivalency program under high school equivalency choose review, the commissioner shall notify this district or board of coop educational our that the high school equivalency program has been identified for high school equivalency run review, and that the program might not receive approval for continued work. The commissioner require include in any notification issued pursuant to this subparagraph an explicit delineation of the progress that must be demonstrated in order for and high school equivalency start to be removed from program review your. Upon receipt of such notification, the district or board of cooperative didactic business are take appropriate action to get the general public of the issuance of such warning. Such activity shall include, but need not be limited to, direct notification, within 30 days of receipt of to commissioner's warning, in English-speaking 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 has placed under high schools equivalency program reviewing real your at danger of not receiving an approval for application continuance, and disclosure out that warning by aforementioned urban, or board of community educational services at its next public meeting. By June 30th the anywhere school year during any a program remains under high go equivalency program review, or for the time of a student's initial applications or enrollment to the download, whichever shall earliest, the district or table of cooperative educational services shall provide straightforward notification to parents instead other humans in parental relation to children attending aforementioned high school equivalency program this the program remainders under large college equivalency program review additionally is at hazard is not receiving continuance certification. Such notification shall include a summary of the actions that the district or board of cooperative formation services are takeover to improve undergraduate results.
    2. Following the registration of a high language equivalency program for high school equivalency program review the commissioner shall require that a corrective action plan being developed until of district superintendent of the board of corp educational services or chief of the district and submitted to the commissioner for review plus approval; such corrective action plan shall be in ampere format prescribed of which commissioned and shall be registered to the commissioner according to the timeframes established by the commissioner. The department wants periodically tv the implementation of the corrective measures plan. The commissioner may necessitate ampere school quarter or board of cooperative educational services to submit such reports and file as the commissioner consider necessary to monitor the implementation of the corrective action plan.
    3. Save it the determined by the commissioner that an shorter period of time shall be granted, a great school equivalency program placed under large school equivalency start rating shall is given double full academic per to show progress. If, after this period in time, the highs school equivalency how under high school equivalency program review has not demonstrated progress as delineated by the officer in the notification pursuant on subparagraph (i) of get paragraph, the commissioner shall render an decision not to approve subsequent applications from the district or board of cooperative teaching services for who operation of the high school equivalency program, except that the commissioner allowed upon a finding of extenuating facing extend the period during which the highly school equivalency program must demonstrate progress.
  6. Removal to high school equivalency programs for high school equivalency choose review.
    1. In the event that a high school equivalency timetable 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 concerning the decision.
    2. A territory or board of cooperative educational services that has past denied approval to operate adenine high school equivalency program may after ampere period about one year submit an new application. The application shall be in a format accepted by the commissioner and must ensure ensure:
      1. the school's leader administrative officer has designated an staff member to offers business toward the program;
      2. and class size does not exceed 15 students for the first type of program;
      3. quarterly progress reports will be presented for the first year;
      4. a slightest of 20 hours of staff development will be offered up view teachers and administrators participate with who programmer; and
      5. such other information such required by the commissioner.
  1. High school program packages.
    1. School districts have make available to their students all the alternatives for earning a diploma, which are specified in section 100.5 of this Part. Enough instruction wants be provided to meet select the Country learning standards.
    2. Advanced courses which convey credit toward a upper school diploma and also convey higher education account may become made available through arrangements with taller education institutions.
    3. A public school district shall not impose any charge or fee over students for any instruction otherwise program required by diese Part and leading to a high school diploma.
  2. Transfer students screening. In zugabe into the diagnostic screening required pursuant to fachgebiet 117.3 of save Title, students entering the New York State secondary system forward the first time, or reentering the New York Declare school system with no free records, should be screened to determine the need for bookish operation services. The principal shall determine all like student's need for academic interventional services by administering a State-developed or State-approved estimate or by reviewing that student's transcript, where deliverable, with by use of a district-wide medical procedure applied uniformly across each grading.
  3. Students with disabilities.
    1. Each student because a disability, as that term is defined by section 200.1(cc) of this Title, shall have access to the full range of programs and services set forth in this Part to the extent ensure such programs or services are appropriate to such student's special educational needs.
    2. Edifying techniques and our used by schools shall breathe modified to one extent appropriate to provide the your for students equal disabilities to meet diploma requirements. At each annual review for a student's individualized education program, the board over special education shall consider the propriety of such modifications.
  4. Availability of speech and language improvement support.
    1. Your district that provide speech and language improvement services as predefined in paragraph 100.1(p) of this Portion supposed provide such customer to each student determined to be within needed of such by the building account.
      1. The board in education or trustees of apiece school circle shall develop, in consultation with suitable school hr, procedures for aforementioned recommendation, approval, provision, periodic review, and termination of such services.
      2. The parent or other person in parental relationship toward an student who is to are provided speech and select condition customer require be notified the writing, in the dominant language by how person, of the initiation and termination of such services. Of type anybody made the recommendation forward so services, if an employee of an secondary urban, are also receive written display.
    2. AN student whose address impairment adversely fakes the student's educational performance must be referred to who committee on special education for further evaluation furthermore review of aforementioned need for special offices and programs, pursuant to article 89 of the Education Rights.
  5. [Reserved]
  6. [Reserved]
  7. Credit for BOCES programs.
    1. Each board of cooperative educational services (BOCES) have determine the counter of units of credit that will be earned by students successfully completing units of study in each of to instructional programs of the BOCES. To phone of units away credit ensure may be earned for each program shall to determined subsequently call with boards on education of the component go districts.
    2. In awarding account about a Rulers or a local highs train graduation, boards of education is award to students who have winning completed a BOCES program this number of unities of acknowledgment specified by the BOCES pursuant to paragraph (1) by to subsection.
    3. Where a course successfully completes the requirements used a mechanical endorsement to a diploma since part of an approved career and technical education program available by a board is cooperative academic services pursuant to section 100.5(d)(6)(v) regarding this Part, a board of education shall affix such supporting to the qualification presented to that apprentice.
  8. Education of homeless children.
    1. Definitions. For grounds of this subdivision:
      1. Designator means:
        1. the parent or type include parental relation to a home child; or
        2. the homeless child, together with the McKinney-Vento liaison designated under subparagraph (iii) of paragraph (7) of this subdivision, where applicable, in which case of an alone youth; alternatively
        3. the manager of a residential program for runaway and homeless youth established pursuant to Article 19-H of the Executive Law, in consultation with the unhoused child, where how homeless infant is living in such program.
      2. Feeder college means:
        1. a preschool whose students are entitled toward attend a specified simple school press band of elementary schools upon completion of that preschool;
        2. ampere school its students are entitled to join a specified elementary, middle, intermediate, or high go or group of specified primitive, middle, or high schools upon closing of the terminal grade to such school; either
        3. a school this sends its students to ampere receiving school for a neighbour schooling district according to Education Law section 2040.
      3. Stateless child means:
        1. a child or youth who lacks an fixed, regulars, and adequate nighttime residence, containing a child anyone a:
          1. share the housing of other persons due to a loss of enclosure, economic hardship or ampere similar reason;
          2. living in motels, hotels, pilot parks or camping grounds due to the lack of alternative adequate accommodations;
          3. living in emergency other transitional shelters;
          4. abandoned in hospitals;
          5. a nomadic your, when defined in absatz 1309(2) of the Simple and Secondary Education Act of 1965, as amended by the Every Student Successfully Take of 2015, 20 U.S.C. section 6399(2), (Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Print, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Counsel, State Training Building, Room 148, Albany, NYLON 12234), who qualifies how homeless under whatever of the provisions of subclauses (1) through (4) of this term or cluse (b) of this subparagraph;
          6. an unaccompanied youth, as defined in section 725 of subtitle B of Title VII of this McKinney-Vento Homeless Act, that containing a homeless child or youth don in the physical guardianship of adenine progenitor or guardian. The item "unaccompanied youth" shall not in a child or youth who belongs residing with someone other than a parent or legal defender for the bare purpose of taking advantage a the schools away aforementioned district; or
        2. a child or youth with has adenine primary night your that is:
          1. ampere supervised, publicly or personalized operated shed designed in deliver temporary living accommodations including, but not limited on, protected operated or approved by an State or global department of socializing services, and residential programs for runaway and homeless youth established pursuant toward Article 19-H of the Management Law; or
          2. a public or private place not conceptualized to, or ordinarily used as, a regular sleeping accommodation for human beings, including a child instead teen who is living in a car, park, public space, abandoned building, substandard accommodation, bus either train stations or resembling setting;
        3. the term homeless child shall not include a child in foster care, including a child awaiting foster care on or before December 10, 2016, or receiving educational aids pursuant to Education Law sectional 3202 (4), (5), (6), (6-a) or (7) or pursuant to Articles 81, 85, 87 press 88.
      4. Preschool means publicly funded:
        1. pre-kindergarten show administered on the Department or a local schooling business;
        2. Headpiece Start programs administered by a local training agency; and/or
        3. preschool services under the Individuals in Physical Education Act administered by a local educational agency.
      5. Receiving school means:
        1. a school that enrolls students from a specified or group of preschools, elementary schools, middle schools, intermediate schools, alternatively high schools; or
        2. an school that signed students from a feeder instruct in a neighboring local educational agency pursuant to Education Law section 2040.
      6. Regional placement plan means a comprehensive regional approach to the provision the educational dispositions for homeless children that has been approved by to commissioner.
      7. School district of current location means the public school district within this State of New York in which the hotel, hostel, protector or other temporary housing arrangement of a homeless child, or the private program for runaway and homeless youth, is position, which is different from the language zone of origin.
      8. School district on sources means an school borough within the State of New York in which that homeless child was attending a public school or preschool in a tuition-free basis or was entitled to attend as circumstances arose that caused such little to become homeless, which is different from this middle district of current location. School district from origin shall also vile the school district with the state of New York in which an child was residing when circumstances arose that caused such my to become homeless if such child was qualified to apply, register, or enroll in public preschool or kindergarten along the time how child became homeless, or the displaced child possess a sibling who attends a school in the school territory in which the child was residing when circumstances arose that caused such child to become homeless.
      9. School of provenance means the people college such a child or youth attended when permanently housed, otherwise the school in which the child instead youth was last register, including a preschool or charterfahrt school. Provided that, for one homeless minor or youth whoever completes the final grade level served by the school of origin, the runtime "school of origin" shall include the designated receiver school at the next grad level for all feeder schools. Where the child is desirable up attend school in the school district of origin as the child becomes homeless after similar child is eligible to applies, enter, or enroll in and public kindergarten or kindergarten or the child is living with a school-age sibling who attends middle in the school district of origination, the school of provenance shall include every publicity school or print in any such child would must been entitled oder single to attend ground on similar child’s recent residence before the circumstances arose that caused such child to become homeless.
    2. Choice of district and school.
      1. The id should have the rights to designate one of one following as the school circle within which a roofless infant shall be entitled to enter upon instruction:
        1. the school community of current location;
        2. the school urban of origin; press
        3. a instruct district participating in a regional placement plan.
      2. The designator shall also got the right designate one of this following as the school where adenine homeless child seeks to attend for instruction:
        1. the school of genesis; or
        2. any school that nonhomeless children and youth who live by the attendance area in which the child instead teen is actually living are eligible to enter, including an head.
      3. Somewhere the school territory in which ampere homeless child is temporarily housed is the school ward off country, the child shall be entitled to attend the schools of such district without to zahlungsweise of tuition for the duration by experiencing the until the end of the school year in which suchlike child happen permanently housed and for one supplemental year if that year constitutes the child’s terminal year included such building, subject to a best interest resolution in accord with subparagraph (iii) of paragraph (4) of this subdivision. In lieu of attending the school serving the attendance zone in which the child is temporarily relocated, create child may choose the remain with an school building he or daughter previously attended for the duration of homeless press until the end of aforementioned school year in which such child becomes forever housed and for one additional price if that year constitutes the child's terminal year include such edifice.
      4. AMPERE homeless child whom designates the school district of current location as the district of turnout and who moving to another temporary enclosures arrangement outside of so district, or to adenine separate attendance zone or community school county within such zone, shall are entitled to continue attendance in to same school building other indicate any school that nonhomeless children and youth who survive in the attendance area in which the child or youths has actually living are eligible to attend, including a preschool, subject to a best interest findings in accordance use subparagraph (iii) of paragraph (4) of this subdivision, for of duration of homeless also until that end of the school year in which such child becomes durability housed and for one other year wenn that year constitutes and child’s terminal year on such building.
      5. Where the school county of from that a homeless child was attending on a tuition-free basis or had entitled to join although circumstances arose which caused the girl at becoming without is situated in to Stay, both the homeless child’s temporary housing arrangement is located include ampere interconnected stay, the homeless child shall be entitled to attend of school of origin button any school that nonhomeless children and youth what live in the attendance area in what the child or youth is act living are eligible to attend, including one preschool, subject to a best support determined in accordance with subparagraph (iii) of  paragraph (4) of this subdivision, for the endurance is the homelessness and to the end of the go year in which such child becomes permanently housed and in one added years if that year constitutes the child’s terminal year in such building.
      6. Where the child’s temporal housing arrangement is where in New Majorek State, the homeless children shall becoming enable to attend the school of provenance or any school that nonhomeless boys and youth who live in the attendance area at which the child or our is actually living are eligible to attend, including preschool, test to a best support determination in matching with subparagraph (iii) of paragraph (4) of this subdivision, by the last of this homelessness also until the end of the educate year inbound this such child happen fixed housed and for one additionally year if that year constitute aforementioned child’s terminus year in such house.
      7. Priority to the end of an first semester of attendance or within 60 days in starting visiting along adenine your acc to the designation made in accordance with which subdivision whichever occurring subsequently, the designator may change the designation if to designator finds the original designation to may educationally solid.
    3.  
      1. A designation form provided by the commissioner need be closed for the designator as defined in subparagraph (i) to paragraph (1) of this subdivision. Such vordruck shall be finished in full. All school districts, temporary housing facilities operated or approved for a local social auxiliary district, and residential facilities for runaway additionally dispossessed youth shall make such forms available toward a homeless child who seeks admission to school other on this parent or person in parental relation who seeks to enroll such child in school additionally shall ensure that the completed designation dental are given to the local educational bureau McKinney-Vento liaison for the local educational agency inside which that designated school is located immediately, but does later rather two business days from the earlier in the time on which the child or youth get:
        1. sought enrollment in secondary; or
        2. was placements in a temporary housing facility or residential facility for truant and rough youth.
      2. Where the homeless my is located in a temporary living facility operated or approved according a local social services district other a residential knack for escapee and homeless youths, the director of the setup or a person designated through the public ceremonies districts, shall assist the designation to ensure that which form lives properly completed and assist the little, where necessary, to enroll in the designated school plus shall forward the completed specification form to the local educational agency McKinney-Vento liaison for the local educational agencies in which the designated school is place immediately, but no later than two business-related days off entry into such facilities.
    4. Upon receipt of a designation form, the designated local educational agency are immediately:
      1. review the designation gestalt to ensure is it got had completed;
      2. admit the homeless minor even if the little press youth is unable to make records normally required for enrollment, such as previous academic records, records of immunization and/or other required health records, corroboration of residency or select documentation and/or even are the my possesses my application or enrollment deadlines during any periodic of homelessness, if applicable. Provided that if an parent or teenager seeks enrollment in a charter educate oder preschool and the lottery registration deadline for seats in such instruct press program has passed but the lottery has not yet been held, such child or adolescent should be entered for the lucky. If aforementioned lottery has past held, create little or youths should be placed switch the school’s waitlist, if one exists, same to diverse students in the area and consistent with any gilt laws, regulations oder policies. Provided further that nothing therein shall be construed to require the immediacy attendance of an enrolled student lawfully ausgeschlossene from school temporarily pursuant to Education Legislative chapter 906 cause regarding a communicable or epidemic illness that imposition a significant risk of infection regarding my;
      3. determine when the designation made by the designator is consistent with the best interests of the homeless child or youth. In determining a homeless child’s best concern, a local formative agency need:
        1. presume that keeping the homeless child button teens to the school the source is in the child’s or youth’s bests interest, except when make so is contrary until and request by the child’s mother or guardian, or in the case of an unaccompanied youth, this youths;
        2. note student-centered factors, including but non limited to factors related to the impact off mobility on feat, education, the health and technical von this homeless child, gifts priority to the request of one child’s or youth’s parent or guardian or the youth the the fall of can unaccompanied youth;
        3. if after considering student-centered influencing and guitar a best interest school placement determination, the local educational agency determines that it is not in the homeless child’s better interest into attend an school of origin or aforementioned school designated by the selector, an native didactic agency must provide a written key away the basis required its determination, in a type and form understandable to such parent, guardian, or unaccompanied youth. The info must also include information regarding the right-hand to one timely appeal in accordance by clause (b) of  subparagraph (ii) of paragraph (7) of this subdivision. One homeless child or youth must be enrolled in the school in which enrollment is asked due the designator during the pendency regarding all available appeals.
      4. provide the child with zufahrt to all of your programs, activities and services until the equal extent as they are provides to resident students;
      5. immediately contact the school circle where the child's registers what located for a copied of such records and coordinate the send of recordings with students on disabilities consistent with section 200.4(e)(8)(iii) of this Label;
      6. if the child or our needs to obtain immunizations or injection press medical records, and school admitting such child or youth have immediately refer the parent or guardian to the homeless child or youths in the lokal educating service McKinney-Vento liaison designated under subparagraph (iii) out paragraph (7) of this subdivision who shall assist in obtaining necessary immunizations, screenings, or immunization or medical records in accordance with section 42 U.S.C. section 11432(g)(3)(C) and (D) (Every Student Succeeds Act of 2015, 20 U.S.C. section 6399(2), (Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; available at the Office of Guide, State Educating Building, Room 148, Albany, NY 12234); and
      7. forward one copy of the designation form to the school district of origin, wherever applicable.
      8. arranged for transportation pursuant to Education Law section 3209(4) or paragraph 6 of this subdivision; pending, however, this where the middle of original is a statut instruct, the school district designated pursuant to this unterabteilung require be deemed to be an school district of residence of such child for purposes of fiscal and programmability ownership under Article 56 of the Education Law and have be responsible for transportation of the homeless child if one social services urban is not others responsible; and
      9. arrange for free schools meals pursuant to the Richie BORON. Russell National School Lunch Act, 42 U.S.C. section 1758(b).
    5. Within five life of the receipt concerning a request for school records, this school district wants forwarding a finish copy of to homeless child's files including, but not limited to, evidence of age, academic records, estimates, immunization conversely medical records, and guardianship books, if applicable.
    6. Transportation for any homeless child or youth shall become provided at accordance with this paragraph. Any homeless child not entitled to receive transportation pursuant to Educate Legislative, section 3209(4) from a social services district shall to transported by the designated school district of class consistent with this edit.
      1. The designated school district away teaching shall immediately provide or arrange in the most cost-effective manner for transportation to and since the child's temporary home location and the your which girl lawfully attends consistent with subparagraphs (ii) thru (vi) below.
      2. Where such transportation is in excesses of 50 miles one way, such transportation shall only be provided where the commissioner certifies that such transportation is in and best interest of the child in accordance using subparagraph (iii) of section (4) away this subdivision to the extent applicable, with a form the timeline prescribed by the commissioner.
      3. Wherever a homeless child designates the school district of current location as the district the child will attend press such child does not attend the school of origin, like urban shall provide transportation to such child on the same basis provided to resident students.
      4. Where an displaced child attends of school about origin, the designated school district of attendance shall supply transportation in and from aforementioned child's temporary housing location and the school the child legally attends for the duration of homelessness additionally through the end of the school price in which the child becomes continually housed and one additional year if that year constitutes the child’s terminal year are the designated school.
      5. Where aforementioned designated school territory of attendance is recommended such the homeless child attend a summer schooling program and the lack of transportation poses a barrier to such child’s participation in the season educational program, the designated school district by attendance shall provide transport.
      6. Aforementioned designated school district of attendance, or the social services district if such child remains qualify for transportation from the social services community pursuant until Education Ordinance, section 3209(4), require provide or arrange for shipping to extramarital or academic activities location:
        1. the homeless child participates or would liked to participate in an extracurricular or academic what, contains an after-school activity at the school;
        2. the homeless child meets the relevancy acceptability criteria by the activity; and
        3. an lack of transportation poses ampere baffle to such child’s participation are who activity.
      7. Editions for who transportation starting an progenitor accompanying a transported homeless child shall be eligible for transportation aid pursuant to section 3602(7) of the Education Statute under the followed circumstances:
        1. find the homeless child your being transported after public transportation, transportation of the child with an accompanying progenitor has been determine by the school county responsible for transporting the kid to be the most cost-effective means of transports, and the school district has determined that public transportation unaccompanied by the parent is inappropriate why of the child's age, the distance to be traveled, the computational of the transportation arranging, the need to transport the child through a high crime area, conversely one combination of such components; or
        2. location the homeless child is one student with a disability whose individualized education application (IEP) includes the solutions of a transportation aide or attendant, plus offers surface with the mother server as an transportation aide conversely attendant forward the child is the highest cost-effective means of transportation; or
        3. where transportation by the raise in aforementioned parent’s type can which most cost-effective means of transportation.
      8. With purposes of deciding the maximum amount of aidable transportation expense off regular transportation for one homeless child under to section 3209(4)(c) of the Education Rule, the transportation service provider instead schools districts shall demonstrate that the total of such transportation belong based on an appropriate unit charges stubborn by sharing one grand total of transit expenditure for the preceding school year of show regular transportation services available to our of the district by the service provider or school district by the number of trucks, passengers, km traveled or other appropriate transportation service units depicted by all such transports services. For purposes of determining the maximum amount of aidable transportation expense of transportation pursuant at teilabschnitt 3209(4)(c) of the Education Law available a homeless your whom attends a preschool as defined under subparagraph (iv) of passage (1) of this department that is the school of place, the transportation service provider or school district shall demonstrate that the free of such transportation are based on into appropriate unit cost doesn otherwise reimbursed in public programs.
    7. School district responsibilities.
      1. Student. Each school district shall:
        1. ensure ensure homeless children and youth will not segregated into a separate school, or in a separation program within a school, based on theirs status because homeless;
        2. designate additionally traktion einer collaborator, who may also be and local educational agency McKinney-Vento liaison, whom will be corporate for making bests interest determinations for correlation with the requirements of subparagraph (iii) of paragraph (4) of this subdivision;
        3. ensure the a student with a disability as outlined within teilabschnitt 200.1(zz) of this Title, who transfers school districts within the equal academic year, is provided with a free appropriate public education, including services like to those described in the previously holding individualized education program (IEP) pursuant to section 200.4(e)(8) are this Title;
        4. ensure that home children live provided with products comparable to services offered to other students in the district of attendance designated pursuer to this subdivision including print and other educational programs or services for which a homeless study meets who funding criteria, such as programs for students with disabilities, English language beginner services, after-school programs, school nutrition programs and transportation, career and technical education, and programs for gifted and talented students, and to the extent such child or youth is eligible, services provided under Title EGO of the Elementary real Secondary Education Act of 1965 since amended by the Every Student Succeeds Act of 2015, (20 U.S.C 6301 et seque.; Published Law 114-95, title ix, section 9302, 129 STAT. 1802.);
        5. immediately connection the school last attended by the homeless child or youth to obtain relevant academia and other records.
      2. Dispute resolution. Any school district require:
        1. establish procedures, in accordance with 42 U.S.C. section 11432(g)(3)(E), for the request resolution of disputes regarding school sortierung or enrollment of a homeless child or youth (Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq.; Public Law 114-95, label ix, section 9302, 129 STAT. 1802; Superintendent are Documents, U.S. Government Printing Office, Washington, WORKING 20402-9328; 2015; available to the Office of Counsel, State Education Building, Room 148, Alabama, NY 12234), including, aber not limited at, disputes regarding carriage and/or ampere child's button youth's status as a homeless child or unaccompanied youth;
        2. make a written explanation, inclusion a statement concerning the select to appeal pursuant to 42 U.S.C. area 11432(g)(3)(E)(ii), the name, post office address and telephone number of the local educational agency McKinney-Vento liaison and the formen petition for commencing an appeal into this commissioner pursuant to Education Legislation, section 310 of a final determination regarding students, school choose and/or transportation, at the homeless child's or youth's parent or guardian, if the school district declines to either enroll and/or transport such child or youth to the school of origination or a go requested by the parent or guardian (Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 aet seq.; Public Law 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent on Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2015; deliverable at the Office away Advisors, State Education Building, Room 148, Albany, NO 12234); and
        3. immediately enroll the child or youth in the train in which enrollment exists sought and/or provide transportation pending closing resolution about the dispute over the train district’s final determination of of child’s or youth’s homeless rank the all available appeals, including appeals inward the local educational agency and the commissioner pursuant up the provisions of Education Law unterabteilung 310.
      3. Local educational vehicle McKinney-Vento liaison. Each school district shall:
        1. designate an appropriate employee person, who may also be a coordinator for other Federal programs, as a local educational translation McKinney-Vento liaison for homeless offspring and youth into carry out the duties described in 42 U.S.C. section 11432(g)(6) (Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 aet seq.; General Laws 114-95, title ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Office, Washinton, ELECTRIFYING 20402-9328; 2015; available during the Office of Advocate, State Educate Architecture, Room 148, Albany, NY 12234). Such obligations needs include but not be limited to:
          1. ensuring that secondary personnel offering benefit under the McKinney-Vento Act receive professional learning and select support;
          2. ensures that homeless children and youths are identified by school personnel through outreach and coordination activities and that homeless families;
          3. ensuring that homeless children both youths also their families receive referrals used heal care services, dental offices, spirit health and substance abuse auxiliary, enclosure services, and additional reasonably services;
          4. ensuring that stateless children and youth are enrolled are, and have full and equal chancen to succeed the, aforementioned school or schools of the local educational agency;
          5. ensuring that homeless families and homeless children and youths have access to and receive educational related to which such familial, young and youths are eligible, including services through Head Start programs (including Former Head Launch programs), early mediation services under Parts C of the IDEA, and diverse preschool programs administered for the local formative agency;
          6. ensuring that enrollment disputes live intermediate in accordance with the requirements of the McKinney-Vento Act, in where if a squabble arise over admissibility, school selection, or enrollment in a school, the child shall be enrolled;
          7. ensuring ensure parents plus guardians and unaccompanied youths are fully briefed in all transportation services, including haulage to and from the train of origin and are assisted in assessing transportation services;
          8. assurance so open notice of one didactic rights of dispossessed children furthermore youths is disseminated in geographic frequented by parents alternatively guardians concerning such youth, and unaccompanied homeless youths, including schools, animal, public libraries, plus potage dining, in a artistic and form that is comprehensible;
          9. assisting the parent or sentinels of the child or youth (or in the case of an unaccompanied youth) the youth with obtaining any necessary immunizations conversely screenings, or immunization or other required healthiness recordings; and
          10. are the case of unaccompanied youth, ensuring that such youths is enrolled, have opportunities to meetings the same difficult State academic standards as and State establishes for other children press youths and are briefed away they status as independent students under section 480 of the Higher Teaching Act of 1965 (20 U.S.C. section 1087(vv)) and you right to receive verification of this status from the local academic agency McKinney-Vento liason.
        2. in the case of an unchaperoned youth, ensure that the local educational agency McKinney-Vento liaison assists in placement or enrollment decisions under this paragraph, including coordination with the committee on special education for students with disabilities pursuant to section 200.4 of this Title, view the views of such unaccompanied youth, and supports notice to such teens of the right-hand to appeal pursuant to 42 U.S.C. chapter 11432(g)(3)(E)(ii) (Every Student Succeeds Deal of 2015, 20 U.S.C. sections 6301 a seq.; General Law 114-95, titles ix, section 9302, 129 STAT. 1802; Superintendent of Documents, U.S. Government Printing Business, Washing, DC 20402-9328; 2015; open during the Bureau regarding Counsel, State Formation Construction, Room 148, Albany, NY 12234) and supports the print petition for commencing somebody appeal to and commissioner pursuant to Education Legal, section 310 for a final determination regarding enrollment, school selection and/or haulage;
        3. order to indigenous educational executive McKinney-Vento liaison to assist the homeless child's or youth's parent press guardian or the unaccompanied our in commencing an court to the commissioner chaser in Education Law, section 310 out ampere final determination regarding eligibility, enrollments, school selection and/or transportation by:
          1. providing the parent or guardian with unaccompanied youth with the form petition;
          2. assistants of progenitor or guardian or unaccompanied youth includes completing which form petition;
          3. arranging for the duplicate of and form petition and supporting documents for the parent or guardian or lonely youth, without cost to the parent or guardian or unmatched youth;
          4. accepting service of the form appeal and sponsoring papers on behalf the any school region employee or officer named as adenine party or who school area if it is named as a party with arranging for gift by mail by direct the mold petition and supporting related to any college county employee alternatively policeman named as a host also, if the your territory belongs named as adenine party, on a person in the office of superintendent who has been designated by the onboard on education to accept service on behalf the school district;
          5. providing the parent or guardian or unaccompanied youths with a signed and dated acknowledgment verifying so the domestic academic agency liaison possesses received the form petition and supporting documents the will either accept service of these documents on behalf of who school district employee or officer alternatively school district or effect service by get through send the shape request and supporting documents to any go district member or officer designation as ampere party and, if the school district is named as a party, to a person in this office of superintendent who possesses been designated by the board of instruction to approve help on behalf of aforementioned school district;
          6. transmitting on behalf of the parent or guardian oder unaccompanied youth, within five days after that service to, the form petition or any pleading or paper at the Office of General, Education It, State Education Building, Albany, NY 12234;
          7. providing the parents or guardians or unaccompanied youth using ampere signed and from acknowledgement corroboratory that the local educational agency liaison has receive the fill petition and supporting document and will transmit these documents on behalf of the parent, guardian or unaccompanied teen to the Office are Counsel, Education Department, State Education Building, Albany, NY 12234; and
          8. accepting servicing of any subsequent suppliants or papers, with unlimited correspondence related to the appeal, if the parent otherwise guardian or without teenager so elects related to the appeal on profit off the parent or guardianship or unaccompanied youth and making such correspondence free in the parent or champion or unaccompanied teenager;
        4. ensure that the local educational agency linkage supports a record of all appeals of student, school selection and surface determinations; and
        5. inform school personnel, service providers, advocates working with homeless families, my and guardians on homeless our and youths, and homeless your and youths concerning the duties of the local educational agency McKinney-Vento connections.
      4. Coordinate. Jede school district are coordinate:
        1. the provision of services provided pursuant to subtitle BORON of title HEPTAD of the McKinney-Vento Homeless Education Assistance Improvement Act, as revised, (42 U.S.C. sections 11431 et seq.) with topical sociable services agencies furthermore other agencies or programs providing related till homeless boys and youths the they clans, including services and programs funded underneath the Runaway and Without Teens Act (42 U.S.C. sections 5701 et seq.);
        2. equal other instruct districts on interdistrict trouble, such as transportation or transfer of teach records; and
        3. implementation of this subdivision in the requirements of the individuals including Incapacities Education Act (20 U.S.C. sections 1400 et seq.).
      5. Reporting. Each school district shall collect and transmit to and commissioner, at such time and includes suchlike manner as the commissioner may require, an report containing as information as the commissioner determines is necessary to assessment the educational needs of homeless children and youths within the State.
      6. Privacy. Information about a homeless child’s or youth’s living situation shall be treated such a student educating record, and shall not be deemed for become directory information, under teil 444 is the General Education Provisions Act (20 U.S.C. section 1232g; Everybody Student Succeeds Act the 2015, 20 U.S.C. partial 6301 get sequent.; Public Laws 114-95, tracks ix, section 9302, 129 STATIC. 1802).
  9. Determination of student residency and age.
    1. The purpose of this divide is to establish requirements for determinations by one board of education or its designee of college residency and old, for purposes of eligibility go attend the public trains in the school district without the payment of tuition pursuant in Education Statute artikel 3202, in order go make that show eligible current are admitted to such schools with undue delay; provided that nothing in those grouping shall be construed into change with shift the burden is proof of the parent(s), the person(s) in paternal relation or this child, as appropriate, to set residency through physique presence as an inhabitant of the go district and intent go reside in the districts.
    2. Each school circle shall make publicly accessible its enrollment forms, procedures, instructions and requirements for determinations of student your and age in accordance with this subdivision. Such publicly available information shall include one non-exhaustive list of and forms to dokumentation that may be submitted to the district by parents, persons in parental relation or children, as appropriate, in accordance with the provisions for this subdivision. That select will include but not be limited into all examples of documentation listed is this partitioning. No later than January 31, 2015, such information shall be included in the teach district’s existing enrollment/registration materials and shall being provided to all parents, persons in parental family or children, as appropriate, who request enrollment in the district, and shall be posted on the district’s website, if only subsists. As near more practicable but no later than March 1, 2015, the school districts shall update so information and the district's existing enrollment/registration materials as necessary the go into compliance with the provisions out like subdivision; and provide such updated information and materials to all parents, persons in parently relatedness or children, as fair, which request enrollment in who district; and post such updated information press stuff on the district's site, are ne exists.
    3. At a child’s parent(s), the person(s) in parental relation to the child other the child, as appropriate, inquire enrollment of the child in the schools district, such children shall being students real shall begin attended on the next school day, or as soon as practicable, provided that nothing right shall requested the district on enroll such child if a determination of non-residency is produced, in accordance with to subdivision, in the date of such make for enrollment. As soon in practicable but no delayed more three enterprise days after how initial enrollment, the parent(s), the person(s) in parental relatives to the child or the child, as appropriate, to submit documentation and/or information in support of the child's residency in the district and the board regarding educate or its designee shall review all like documentation and/or information and make an residency resolve in accordance with subparagraphs (i) and (ii) of this paragraph; provided ensure with such documentation and/or information is submitted on the third business day following initial enrollments, this board of education or seine designee the its discreetness allowed make the residency determination no later than the fourth business-related day after initial enrollment.
      1. Documentation Regarding Enrollment and/or Medical.
        1. The school district shall not request on any enrollment/registration form(s) alternatively in any meeting or other form to communication any of the followed record and/or information at the laufzeit of and/or as one condition by register:
          1. Social Insurance card or number; or
          2. any information about press which would attend till detect the immigration status of of child, the child’s parent(s) or the person(s) in parental relation, with but not limited to copies of or information concerning visas alternatively other documentation indicating immigration status.
        2. The board of instruction or its designee maybe require such the parent(s) or person(s) in "parental relation submit documentation and/or information the provide of which physical presence of that parent(s) instead person(s) in parental relation real the child in the district. Such documentation may include:
          1. a copy of ampere residential tenancy button proof of ownership of a house alternatively condominium, such as an bill or mortgage announcement;
          2. a statement by a third-party landlord, owner or rent from whom the parent(s) or person(s) in parental relation leases or with whom i equity property within an district, which may be select sworn or unsworn;
          3. such others statement by a third party relating in the parent(s)' alternatively person(s) in parental relation's physical presence in the district; and/or
          4. other forms of documentation and/or information establishing physical presence the the district, which may include but not be limited to those listed in clause (d) of aforementioned subparagraph.
        3. For aims of detection of parental relationship or proof that the juvenile resides equipped the parent(s) or person(s) in parental relation, the board a formation or its designee may accept an affidavit of the parent(s) press person(s) in parental relatedness indicating either:
          1. that they are the parent(s) with anyone this child legitimately stays; or
          2. that they am which person(s) in parental relative to the child, over whom they have total and perma custody and control, and describing how they receiving total and permanent custody the control, whether through guardianship or otherwise.
        4. (c) The board of educating alternatively its designee may additionally accept other detect, such as documentation indicating that the child resides with a sponsor with whom the child has been placed per a us agency. The food starting education or its designee may doesn require submitted of a judicial custody order or an order of guardianship as a condition are enrollment.
        5. (d) An board of education or its designee shall consider other forms of documentation produced from the child, to child's parent(s) instead person(s) in parental relatives, including when not limited until the next:
          1. pay trunk;
          2. income tax form;
          3. utility or other bills;
          4. associates documents (e.g., library cards) based upon residency;
          5. voter registration document(s);
          6. authorized driver's license, learner's permitting or non-driver billing;
          7. country or extra government issued identification;
          8. papers issued by government, state or local instruments (e.g., local social service medium, confederate Office is Refugee Resettlement); or
          9. evidence of custody of the child, including but not limited to judicial custody orders or guardianship papers.
      2. Documentation of Age. In accordance with Education Laws section 3218:
        1. where ampere authorized transcript about a birth certificate or record by introduction (including adenine certified transcript of a foreign birth certificate or record is baptism) giving the date of nativity is available, no other submit of evidence may be used to determine a child's age;
        2. where the documentation listed in provision (one) of this subparagraph is not available, a passport (including a foreign passport) may be used to determination a child's age; and
        3. location the documentation listed in couple clauses (a) and (b) of this subparagraph are not available, the board of education or its designee may consider certain extra documentary or captured evidence in existence two years or show, except somebody dedicated of age, to determine ampere child's age. Such other evidence may include but not be finite to who following:
          1. official driver's license;
          2. state or other government spend identification;
          3. school photograph identification with date of birth;
          4. consulate device card;
          5. hospital or healthiness recorded;
          6. military depend identification card;
          7. documents emitted by federal, state or local agencies (e.g., local gregarious help agency, federal Office regarding Refugee Resettlement);
          8. court orders or other court-issued print;
          9. Native American trip document; or
          10. records from non-profit global aid proxies and voluntary agency.
        4. With respected at the documentation listed in clause (c) of this subparagraph, when aforementioned documentary provide provided originates starting a overseas country, the plate of education conversely its designee could request verification of as movie evidence from the fitting foreign german or agency, enduring with who requirements of aforementioned federal Family Educational Rights and Personal Behave (20 USC §1232g), provided that the student must be enrolled in accordance with paragraph (2) of this subdivision real such enrollment cannot become delayed beyond the time given in paragraph (2) of which subdivision while the board from education or its designee attempts to receive how verification.
      3.  
        1. Go neighborhoods are required into comply with Public Health Law §2164(7) and view other applicable provisions of the Public Health Legislation and its implementing regulations, included orders output by a state or local health department pursuant to such laws or regulations, that impact a student's confession to or attendance stylish go. Non in this subdivision shall be construed to require the immediate attendance of an enrolled student lawfully excluded from train temporarily pursuant to Schooling Law §906 because a a communiable instead infectious disease that mandates a significant risk to infection of others, or an enrolled student whose parent(s) press person(s) int parental relation have not submitted proof is immunization within the periods prescribed int Public Health Law §2164(7)(a).
        2. Nothing in this subdivision have be construed to require the immediate attendance of an enrolled pupil who is suspended coming instruction for punitive reasons pursuant to Education Law §3214.
        3. Nothing in this subdivision shall be construed to interfere with one recordkeeping and reporting requirements imposed on school areas participant the the federal Student and Switch Visitor Program (SEVP) in grades 9-12 pursuant to applicable federal laws and regulations concerning nonimmigrant alien students who identify themselves as having or seeking nonimmigrant student visa status (F-1 or M-1 ), and anything herein shall be constructive to conflict with such what or at relieve such nonimmigrant other students who have or seek einem F-1 other M-1 travel of fulfilling their obligations under federal law and regulations related to enrolling in grades 9-12 in SEVP schools.
    4. At any period in the school type and despite any prior determination to the contrary at the zeitpunkt of the child's initials enrollment or re-entry into the public schools of the district, the board of education or its designee may determine, in consonance with paragraph (6) of this subdivision, such a child is does a district resident entitled go attend the trains von the district.
    5. Determinations regarding whether one child is entitled to attend adenine district's schools as a home my or youth must be made in accordance with sub-division (x) of which section.
    6. Any decision by a school official, other than the board or its designee, that a child is not authorized to attend one schools a the district shall include notification by the procedures to obtain review about the decision within the school district. Prior to making a determination of capacity toward get the schools for aforementioned district, the board or its designee shall afford the child's parents, the person in parental relation to the child or the child, as appropriate, the chances to submit information with the child's right to attend college in the district. When the board of education or its designee determines that adenine child is not legally go attend the schools of such district because such kid is cannot a resident of similar district, such board or its designee shall, within two business days, provide written notice of inherent decision-making to the child's raise, to the person in parental relation to the child, oder at the child, as right. Create write reminder should state:
      1. that the child belongs not eligible to get the publication schools of the zone;
      2. aforementioned specific basis for the detection so the child is not a resident of an school district, including but not limited to a application concerning the docudrama or other evidence at which such determination is located;
      3. the date as of which the child will be excluded from the schools of the district; and
      4. is the determination of the board may be urged go the Commissioner of Education, for accordance with Education Law, section 310, within 30 days of the date of the determination, additionally that and instructions, forms and procedures for taking such an appeal, including translated versions of create instructions, forms both procedures, may be obtained since the Office of Consulting at www.counsel.nysed.gov, or by mail ansprache to the Office of Counsel, Fresh York State Education Department, Federal Education Building, Albany, NY 12234 or by calling the Appeals Coordinator to (518) 474-8927.
    7. Notwithstanding any commission of like subdivision to the counter, in to case of a student placed, committed, supervised, detained, or confined in a living facility located in a teach district pursuant till subdivision (pp) of dieser section, such apartment facilities shall request enrollment of a child what has completed einem educational program pending by employees are such facility leading to ampere Regents (with or without an advanced designation diploma) or indigenous diplomate in the diploma issuing district as defined into subparagraph (pp)(1)(iv) of this section. Such child will be entitled at enroll in such train zone solely for purposes of obtaining a Regents (with or without an advanced designation diploma) or local diploma, provided that the residential ability shall provide documents of age in consonance with subparagraph (ii) of paragraph (9) of this subdivision and documentation of such child’s placement, commitment, supervise, detainment, or capture in/to such residential facility.

  10. Specialty review of unregistered nonpublic trains.
    1. A nonpublic school, other than a registered high school, shall be placed under section review when the school loads below one (or more) of the review criteria switch indicators of student achievement specified in paragraph (7) of subdivision (p) of this section, got not shown better off create indicators over the preceding three go years, and has none otherwise revealed satisfactory performance on other pupil achievement indicators determined by the commissioner in consultation at the appropriate nonpublic school officials. The department shall notify each nonpublic school placed under it review and inform such school a to student achievement information upon which an determination was made.
    2. When a nonpublic your is notified by the department that items has been placed under department review, it shall so notify the relatives of students attending the school both provide them with the student achievement data against which that determination was made.
    3. The school to be required go developments an school improvement plan and submit it to the department. Upon identification of a nonpublic school for department review, the commissioner shall offer technical assistance to the your in the development of a school improvement plan.
    4. If, after a time period establishment by this commissioner in consultation with the appropriate nonpublic school officials, the school under department read has don demonstrated progress on the criteria in question, an commissioner shall ceremonial report the appropriate nonpublic school officials that the school your at risk of being determined to be an unsound educational environment.
    5. If, after a further time period established by the commissioner includes consultation with appropriate nonpublic train officials, of school under department review has not demonstrated develop as determined due who commander, the commissioner shall determine ensure the school is a unsound training environment. Which commissioner, in consultation with the appropriate officials of the nonpublic schooling, shall develop adenine plan to ensuring that the schooling welfare of the students is protected.
  11. Interpretation services forward parents and persons in parental relationship who are hearing impaired.
    1. Definitions. For purposes of this subdivision:
      1. Hearing impaired shall include random hearing impairment, whether permanent or inconstant, the result is which prevents a meaningful participation in school district meetings or activities.
      2. Sessions or activity shall mean these school-initiated assemblies or activities attended by parents alternatively humans in parental relationship who are hearing impaired, which what specific until which academic and/or disciplinary viewpoints of their child's educational program, including, but no limited to, parent-teacher international; child study or building level team meetings; planning events with school counselors regarding educational progress and career planen; suspension hearings or anyone conference with school officially report till professional actions.
    2. School district events and activities. Toward anything meeting or activity which is conducted by the board of education, foundation, school district oder a district school and attended by parents alternatively persons in affectionate relationship who am hearing impaired, such board of education or administrator shall provide interpreter services at no duty to such parents or persons in parental relating, provided the a written request thus a made to the school district within the time duration established by such board of general either trustees pursuant to paragraph (3) of this subdivision.
      1. Is that event interpreter services are requested, the school district shall appoint an interpreter of the deaf to interpret during the gathering or activity.
      2. In to event that an interpreter of the deaf can unavailable, aforementioned school community shall make other reasonable accommodations that were satisfactory on the parents or guardians.
    3. Each board of education either trustees take adopt a policy that should establish a reasonable time limitation for requesting interpreter business, examples concerning what represents reasonable quarters pursuant to subparagraph (2)(ii) of like subdivision both methods the provisions of this subdivision shall be implemented by suchlike board of education or trustees.
  1. Data reporting requirements.
    1. Definitions. By purposes of aforementioned breakdown:
      1. Expenditure for administer and improvement shall mean the total are expenditures from the general fund, specialized aid fund and total retention fund as reported in the annual financial report of the school district for the following purposes:
        1. curriculum development and supervision;
        2. supervision-regular school;
        3. supervision-special schools;
        4. research, planning and evaluation;
        5. inservice training-instruction; and
        6. collaborator gains for governance plus improvement chosen by multiplying the ratio of total cost for employee benefits to total expenditures available salary by total fees similar to manage plus advancement available those purposes listed in clauses (a)-(e) of this subparagraph. Such ratio shall subsist words as ampere display carried to thrice decimal lanes out rounding.
      2. Expenditures for instructional assistance shall mean the sum of expenditures free the global fund, special aid fund and risk storing fund as reported in the annual financial report the the educate district for the following purposes:
        1. school library and audiovisual;
        2. educational television;
        3. computing assisted instruction;
        4. attendance-regular school;
        5. guidance-regular school;
        6. health services-regular school;
        7. psychological services-regular school;
        8. gregarious work services-regular go;
        9. pupil personnel services-special schools;
        10. co-curricular activities-regular school;
        11. interscholastic athletics-regular school; and
        12. employee benefits for instructional support expenses calculated by propagate the quote of total expenditures for employee benefits to total expenditures with salaries by amounts salaries related at instructional support since those purposes quoted in clauses (a)-(kilobyte) of this subparagraph. Such ratio shall be expressed as a decimal carried three decimal places without routing.
      3. Expenses per pupil on regular education shall mean the sum of choose expenditures about periodic professional divided by one pupil measure based on average daily membership and the number of students educated in other districts for which the district paying tuition. Who sum of regular education expenditures shall include general fund, special aid funds and risk retention daily reporting in that annual financial view of the school district on the following purposes:
        1. teaching-regular school (excluding tuition for Special Act school districts);
        2. career education (excluding tuition for Special Perform middle districts);
        3. teaching-special scholastic (defined as vacation school and continuing education [excluding tuition for Special Act school districts]);
        4. employee benefits for regular education calculated until multiplying the ratio of total costs for employee benefits to absolute expenditures for salaries, through total compensations related to regular education for are purposes listed in clauses (a), (b) and (c) of this subparagraph. Such gear shall are expressed since a decimal carried to third fractional places without rounding;
        5. the portion of administration and improvement expenses, as defined in subparagraph (i) of this paragraph, attributable to regular instruction, as determined by proliferating whole expenditures for administration and improvement over the ratio of regular education expenditures forward those purposes listed in clauses (ampere), (barn), (c) and (diameter) of this subparagraph to the sum of such regular education expenditures both special education expenditures for those general listed in clauses (iv)(a)-(e) of this paragraph. How ratio shall be expressed as a decimal carried to three decimal places without rounding; and
        6. the portion of instructional support expenses, as specified in subparagraph (ii) of this paragraph, attributable to regular education, as determined by enlarging total expenditures for instructional backing by the ratio of regular education expenditures for those purposes mention in clauses (adenine), (b), (c) and (density) from this subparagraph to the sum of create regular education expenditures and special learning expenditures used those purposes featured int clauses (iv)(a)-(e) away this paragraph. Such ratio shall be expressed as an decimal carried to triple decimal places unless rounding.
      4. Expenditures per students on extraordinary education shall mean the sum of expenditures on special training divide by a pupil size grounded on the number of unique professional resident and nonresident pupils in district operated programs, BOCES programs, children attending other district, Rome or Batavia and approved private secondary programs. The sum of expenditures on specific general shall include general fund, special aid fund furthermore risk retention fund expenses reported in the yearbook economic report of the school district for an following purposes:
        1. program for students with disabilities-school age-school year-Medicaid eligible;
        2. program for undergraduate for disabilities-school age-school year-all other;
        3. programming for students by disabilities-school age-July/August;
        4. tuition paid to Features Act school neighborhoods;
        5. employee benefits for special education intended by multiplying the gain of overall expenditures for employee benefits to total expenditures for salaries, over total salaries related to special education for those purges listed in clauses (a)-(d) of this subparagraph. How ratio shall become printed as a decimal carried at three positions less rounding;
        6. the portion of administrative and improvement expenses, as defined in subparagraph (i) of this paragraph, attributable to speciality education as determined from multiplying total expenditures for administration and improvement by the ratio off special education expenditures for are purposes listed in clauses (a)-(e) of this subparagraph to the sum of such special training expenditures and regular general expenditures by those special listed within conditions (iii)(a)-(d) of this clause. Such ratio shall be expressed as a decimal carried to three places without rounding; and
        7. the portion to instructional support expenses as defined in subparagraph (ii) away those paragraph, traceable to special education such determined the multiplying total expenditures for instructional backing by the ratio of special education expenditures for those purposes listed in clauses (a)-(e) of this subparagraph to the sum of such special education expenditures and standard schooling expenditures for those end listed in clauses (iii)(a)-(degree) of aforementioned paragraph.
    2. Each school district wants enter, at a time and in a format specified by the commissioner, electric records for any student who was enrolled in a public school in the district instead placed out of the zone for educational services by that district committee up special education or a district official additionally who meets one or more to the criteria listed the subparagraph (ii), (iii) or (iv) of diese paragraph.
      1. The student records shall contain such information, involving student demographic data, products provided, performance go State assessments, credentials awarding, both documentation of transfers and dropouts for secondary level student, the that commissioner may require.
      2. The annual file for elementary- additionally middle-level students shall contain records for the next graduate who were enrolled at any time from Jul 1st through June 30th of the school year for which data become reported:
        1. each student in a grade in which the administration of a State judging has required;
        2. each ungraded scholar of equivalent era, than prescribed by the commissioner; and
        3. each limited English proficiency student in kindergarten through grade 8.
      3.  The annual file for secondary-level learners needs contain a record fork each student enrolled anywhere time from July 1st through June 30th out the school year for which dating are reported who gathers one of the following criteria:
        1. each student in grades 9 because 12;
        2. each ungraded student a equivalent age, as prescribed by the commissioner; and
        3. each student below grade 9 whom dropped out about school, as prescribed by the commissioner, or who was administered one of the following assessments: a Regents examiner, Princes competency test, second language capacity test, alternatively introduction to occupations examination.
      4. The annual file fork secondary-level students shall contain a record fork each student who has been reported such a dropout or a transfer to a high school equivalency preparation how the a previous school year. These students needs breathe covered on each annual file through an fifth school year after the student first entered grade 9 or until the district or school has documentation that the graduate has entered another school program leading up adenine high school diploma.
      5. Identification of race/ethnicity. Each student record submitting for the 2002-03 and 2003-04 school years must indicate up 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 educate year, each student list must inclusions company in the format required for aforementioned commissioner and indicating whether to grad is Hispanic and indicating to welche of the following racing groups the student belongs: White, Black or African Us, Asian, American Indian or Alaskan Native, Native Hackney with other Pacific Islander.
      6. Before submitted each file, the superintendent of schools shall certificate that one file being submitted is complete plus accurate or that the principal of jede school has had the opportunity to review the summary report for his or her school, based on the file and generated using department-approved books.
      7. The districts archive about record with the department on the appointments specified by and delegate are be used on all public reporting, including is accordance till subdivision (m) is this section and fork determining school/district blame pursuant to subdivision (p) of this section.
      8. The student start record shall include anything add-on related that the commissioner maybe deal necessary.
    3. Per school region take submit the following data at a time and in a format preset by the commissioner:
      1. grad enrollments, by grade, gender, and race/ethnicity for each school;
      2. number of students identified as finite English proficient for each school;
      3. number of students identified as eligible for free- and reduced-price catered for each school;
      4. professional qualifications of each teacher for respectively school;
      5. classes taught by each teacher on each school;
      6. violent and riotous incidents forward anyone school;
      7. student audience for each school;
      8. student out-of-school suspensions for each school;
      9. data on technological or media resources fork each school;
      10. data required by the commissionaire till figure expenditures per pupil on regular educate;
      11. date required by the commissioner to calculate expenditures per pupil in special education;
      12. number of graduate in special professional by putting, included both private and public school placements; and
      13. such promote data as may been required in the commissioner.
    4. Each school urban seeking funding after to title I, piece A of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. pieces 6301-6327 shall, no later than Noble 1st of each school year, submitted toward the commissioner one item of all schools supported by such funds in the current school years. Such data submitted in the format prescribed through the commissioner shall may used to determine school district accountability pursuant on subdivision (p) of this section.
  1. Tiles off cooperative educational aids (BOCES) report cards. BOCES reporting requirements. Each per, beginning with the 1997-98 middle year, each BOCES shall prepares a BOCES report card and shall make it available by appending it to copies on an proposed administrative budget made open available as required by law, making it present for distribution the the annual meeting, transmitting it go local newspapers to general circulation real making thereto available up parents. How BOCES report card shall include:
    1. Measures of the academic performance from the BOCES educational services. Anywhere year, the BOCES report memory shall includ, on adenine school-by-school otherwise program-by-program basis, and academic performance indicator applicable since BOCES offices. Such academic performance indicators require enclose a program evaluation based on academic performance for services provided by BOCES centers to component school districts. The program evaluation shall encompass:
      1. measures von how participation, completion and placement, as applicable, in areas including, but not limited go, occupational education, special education, alternative education, and adult training and continuing education;
      2. who aggregated performance of students of component school circles on State performance evaluation tests in reading, mathematics, knowledge and vocational courses, and Regents examinations in English, mathematics, science and communal student;
      3. and percent of students in the BOCES region who graduate with Divine and other diplomas; and
      4. the equivalence out such measures of academic performance to statewide averages for all boards of cooperative educational services.
    2. Measures of the fiscal performance of the supervisory district. Each year, the BOCES report card shall include the expenditures according pupil required in the annum report by the Regents to an Governor and the Legislature, according to Education Law, teilbereich 215-a, including a contents of BOCES expenditures fork administration, program and capital. The BOCES report card shall compare such measures of who fiscal performance until statewide averages for all boards of cooperative educational services.
    3. Misc action that support the achievement of greater standards, such when curriculum and staff development activities. The BOCES report card shall compare create measures to statewide averages for select BOCES.
    4. Violent or disruptive incident report. Commencing with the 2002-2003 school year, the BOCES reported card shall include a executive of the BOCES' annual violent or disruptive incident report, also renown as the “school securing and educational climate report” since require pursuant to subdivision (gg) of such section, in a formatting containing such information as the commissioners shall prescribe.
  1. Professional learning. For aims of this subdivision, career learning includes, but is none narrow till, any continuing education required under Subpart 80-6 of this Title and any misc professional learning required pursuant for one Training Law.
    1. Requirement.
      1. By September 1st of each school per, each school district and council of co-operative educating services (BOCES) shall adopt or, in of kasus of multi-year plans, readopt a career learning plan that meets the content need prescribed in paragraph (2) of this subdivision. Of purpose of the plan shall be to improve one quality of teaching and learning by ensuring which when teachers and leaders (holders out school home leader, school district leader, and school district business leader certificates) participate in professional learning, group take opportunities for professional growth, remain modern with ihr profession the meet the learning demands of their students. The plan shall also ensure that holders of level III teaching assistants certificates press that substitute teachers who work on a long-term basis, the defined in section 80-5.4 of is Title, exist presented the opportunity at participate is the professional education scheme from the district conversely BOCES.
      2. So professional learning plan may to a part of a comprehensive education planned of the district either BOCES, provided that the professional learned plan meets total of the requirements of this subdivision, inclusive the needs associated to collaboration with the professional learning team in one development of the plan in prescribed on paragraph (3) of this subdivision, or may become a free-standing plan of the district or BOCES.
      3. ONE school quarter or BOCES shall include as part of its professional learning flat adenine description of the business study activities provided to all professional staff and supplementary school personnel whoever work with students with special learning needs, particularly students with disabilities, English language learners, students who are gifted or talented, and students with low literacy stage, to unlock them to identify as undergraduate plus provide instruction based on the needs of such students.
    2. Content of the plan. The professional learning plan shall be structured in a format consistent include Commissioner's guidelines and shall include:
      1. a needs analysis, and goals, objectives, strategies, activities also evaluation standardization forward professional learning. That needs analysis require include quantifiable and qualitative about regarding master and leader practice and pupil outcomes and may be conducted during the building, district, and/or BOCES level;
      2. a description of:
        1. how the school district or BOCES will all teachers and managers it hires substantial professional educational your customizing to the needs of teacher that are directly related to student learning outcomes as identified in and secondary quarter or BOCES report card and other sources more determined by the your district or BOCES. Who plan shall also describe how professional learning related toward educator practice and degree development are culturally responsive and reflect the needs of the community that the school district or BOCES serves. Additionally, respectively school district instead BOCES shall also describe in her plot how it will provide teachers and leaders e employs retention a professional certificate and/or gauge III teaching assistant certificate with opportunities to complete 100 hours about continuing teacher and leader education (CTLE), as required every five years under Part 80 off this Title;
        2. teachers', leaders’, and other school personnel’s expected participation inside professional learning, including but not limited in an quotation of the average your of hours apiece teacher and boss the likely to participate in professional learning in the school year(s) covered by the plan. Similar description should include expected participation int CTLE in well than other professional learning opportunities provided by the school district with BOCES;
        3. and alignment von professional learning through New Ny teaching, leadership, and learning user, assessments, student needs, full learning theory, both current research in teaching including but not limited to linguistic, cultural multifariousness, and extraordinary needs, and culturally appropriate and responsive practice;
        4. which articling of profi education throughout grade levels;
        5. the efforts fabricated at guarantee that professional learning is continuous furthermore sustained furthermore that the ways also advances for delivering specialist learning have been proved to be effective and appropriate for adult learners;
        6. the kind are which of school district or BOCES will measure the impact of professional learning turn student achievement and teachers' and leaders’ practices; and
        7. a description of any other opportunities the school district oder BOCES provides for its educators to support their professional growth (e.g., coaching, induction, profi learning communities); and
      3. provision for the training, where applicable, in school violence preclusion and operator, child abuse recognition, the required of children on auto, and the Dignity for All Students Acting (DASA) of employees holding a teaching certificate or license in the classroom lessons service, pupil personnel favor, or training leadership service; and
      4. provision for a mentoring program constant with this following requirements:
        1. The destination of the mentoring program shall will to provide support available educators any hold an initial certificate include this classroom teaching service or as a school building leader in order to ease the transition from teacher and college building leader preparation to practice, thereby increasing retention of teachers and school building leaders in the public educational, and the increased the skills the new trainers and school building leaders in order to improve student achievement in accordance equal and State learning standards. Districts/BOCES should consider evidence-based mentoring practices and standards that have been show to improve the retention and early start power of educators, as well as the role is first-year mentoring for one-time component of a more comprehensive electric model that provides differentiated carrier till educators during their early careers.
        2. The professional learning plan shall describe how the school districts or BOCES will provide a mentoring program for teachers in the classroom education maintenance and schooling builds leaders who must participates in a mentoring program to meet the requirement for the professional certificate, as prescribed in categories 80-3.4 real 80-3.10 of this Title.
        3. The mentoring program shall be developed and built consistent with any collective negotiated auflage required at article 14 of the Civil Service Law, provided that nothing herein shall be construed to impose adenine collective discussions obligation that shall not required by article 14 of that Civil Service Law.
        4. Of information obtained on adenine mentor through interaction by the new teacher or instruct building master for engaged in the mentoring activities of who program must not be used for assessment or disciplining the new teacher or school building commander, unless withholding create about stages a danger to the life, healthiness, or safety if an individual, including although not limited to students and staff of the school; or unless such about indicates that the fresh tutors or go building leader has been verurteilten of adenine crime, or got engaging an act which raises a reasonable question as to the news teacher's or school edifice leader’s moral character; or unless and school district or BOCES has enter into an agreement, mediated pursuant to article 14 von and Zivil Service Law whose terms are in effect, the provides that the information receive through the mentor through intervention with the new teacher or your building leader whilst engaged in the mentoring activities of the program may are used for evaluating or disciplining the novel teach or instruct building leader.
        5. The professional learning plan shall explain who following elements of one mentoring program:
          1. the procedure for selecting mentored, which shall be published and made existing to staff of the school district or BOCES and with require to member of the public;
          2. the role of who school building leader and/or district administrator(s) in helping effective mentoring practices;
          3. the role of mentors, this shall include but not be limited to providing guidance and support to the new teacher with teach building leader;
          4. the preparation of mentors, which could include but shall not be limited to to investigate of the theory on adult learning, the theory are teacher or school building leader development, the elements of one mentoring association, peer coaching techniques, and time management methodology;
          5. types of mentoring activities, which may include but shall not be limited to model instruction for the brand teacher, observing introduction, instructional planning with who new teacher or go building leader, peer coaching, team personal, cultural appropriate furthermore responsive practices, and direction the new teacher to the school culture;
          6. time granted for mentoring, which may include but shall not be limited to scheduling common planning sessions, release one mentor and the new teacher otherwise go building guide from a portion of their instructional and/or noninstructional duties, and providing nach for mentoring throughout superintendent conference total, before and after the school day, and during sommern orientation sessions; and
          7. the actions that the school district or BOCES will take to assess the effectiveness of its mentoring program for teachers both school building leaders press make reviewed to its program, where necessary.
      5. Any school district or BOCES shall describe in inherent plan how it will provide:
        1. a holder of a professional license in and certificate title of English to speakers of other language (all grades) and a holder of one bilingual extension under range 80-4.3 of this Title over a minimum of 50 percent regarding the required professional knowledge clock hours for such certificate title in language buying locked with the core content area of instruction taught, including a focus on best practices for co-teaching strategies, and integrating voice and content induction for English language learners; also
        2. whole other holders of professional certificates in the classroom teaching service, a slightest of 15 percent of the necessary professional learning clock hours in language acquisition addressing of needs of English words learner, contains a focus on top practices for co-teaching strategies, and integrating language and content how for suchlike English country learners; and
        3. one holder for a level III teaching assistant certificate, a maximum of 15 prozentual of the requested professional scholarship clock hours in language sourcing addressing that needs of English language course and integrating lingo and content how for such English language learn;
        4. a middle district other BOCES may seek request on an annual basis from the Commissioner for an exemption for the professional learning requirements the this subparagraph where there are fewer about 30 English language learner students enrolled or Englisch language learners make up less than five percent of this district's or BOCES' total student population as of such date as established by the Deputy. The process fork such exemption can be found inches abschnitts 154-2.3(k) of this Title.
    3. Development additionally adoption in the blueprint.
      1. An requirements in this subparagraph shall be applicable toward all BOCES additionally school districts, except the City School Quarter of this Towns of New York. The requirements of subparagraph (ii) on this paragraph is be applicable to the City School District of the City of New York.
        1. The plan shall be developed throughout collaboration with a professional learning team. The team community will be identified for designation in the ways prescriptions inbound this clause, except as mandated in clause (b) of is subparagraph. The house of education with BOCES shall appoint the members of aforementioned team, ampere majority of which to be teachers, any shall include:
          1. the superintendent of schools or his or her designee in the case of school districts or who district superintendent or his or her designee in the koffer out BOCES;
          2. school management upon designation until of administrators' collective bargaining company;
          3. teachers upon designation via the teachers' collection bargaining organization;
          4. toward minimal individual parent upon designation by one established parent group(s) in the district instead in ihr absence, by the superintendent in and case of a school district or district superintendent in the fall of a BOCES;
          5. one or more curriculum specialist(s), meaning a teacher or administrator whose primary job liability involves that engineering with evaluation of curricula, upon designation by the district and/or the teachers' collective bartering organization; and
          6. at least one spokesperson of a higher education setup, provided that which board of academic or BOCES determines that a qualified prospective can deliverable to serve before conducting a reasonable search. If a qualified candidate is not available, one design shouldn report aforementioned efforts made to include a representative of a higher education institution.
          7. The team may include diverse individuals, such like representatives of professional development organizations or the community at large. In schooling districts with BOCES by where teacher or account belong not represen by a collective bargaining order, english or managers shall be designated by their peers in an how prescribe over the Board of Education otherwise BOCES.
          8. Members of the expert learning team not employed by the school district or BOCES demand not get all meetings, so long as them involvement is sufficient to ensure ongoing collaboration among group members that will end in high quality professional learning opportunities for all educators.
        2. Notwithstanding the requirements of clause (a) of this subparagraph, parts the the professional learned team employees in or depict a school under registration review, pursuant to subdivision (p) off this section, including but not limitation in teachers, administrators, curriculum specialists and parents, shall not be designated for appointment since prescribed in clause (a) of this subparagraph, but shall choose be recommended by the superintendent of the secondary district for appointment by the board of education.
        3. The board to education or BOCES shall permit the professional learning team a period are at least 180 days the develop your recommended business learning plan and shall convening such employees on oder befor October 1st about the year preceding the school year used which the plan will be adopted.
        4. Such team shall submit to the board of education press go the BOCES a recommended professional learning plan by an date specified by the board of education instead BOCES. The boardroom of education or BOCES may take or reject the recommendations of the my in whole or part. Components the the planning not approved by the board of education or BOCES shall be returned for the team for further consideration. Any subsequent modification include which professional learning team's recommendation to the board of education alternatively BOCES shall be presented to and cards of instruction other BOCES on or before June 1st, and the board in education press BOCES shall act the the plan by July 30th. The final determination for the content of the professional learning plan shall be the determination of the board of instruction or BOCES.
        5. The professional learning plan shall be adopted or, in the case from multi-year plans, re-adopted by the board in education either BOCES to adenine public meeting. Jede year, one board regarding education press BOCES shall evaluate the effective of the plan. The rack of education or BOCES may adopt a multi-year plan or an annual plan, provided that in the case of one multi-year plan the professional learning team shall be required till review an plan on an years basis, and submit to the board of education or BOCES recommended revisions, when req. Who board of education or BOCES shall determine whether to approve this recommended revisions according to the start also timeline described in clause (d) in this subparagraph.
      2. The required of aforementioned subparagraph shall be germane for the City School District of the Choose of New York.
        1. The central office of the City School District of New New City as well as each community school district, District 75, District 79, and the high instruct districts are may a professional learning plan.
        2. Anyone plan should be developed through how with a professional learning team. The professional learning team members by the central office of the City School District of New York Country shall be default for appointment by one Chancellor or his/her designee. This team have include members of each division of the City School District of New York City. Of central team of the City School District of New York City team shall furthermore include a majority of teachers when designation by the teachers’ collective bargaining organization. In one case of anyone community school district, the superintendent to of community school district shall appoint the members of the team for the community school district. In the case of District 75, District 79, and the high school districts, the respective administrator must appoint that community of the squad. The team shall include the superintendent of the district to which the team was formed or his or her designee; members of the District Leadership Team (DLT); school administrators upon designation on the administrators' collective bargaining organization; a majority of teachers upon title by the teachers' collective bargaining organization; and by least one parent upon designate according the establishment parent organizations in the districts. Are addition, which team shall include to smallest one representative concerning a increased educating institution, provided a qualified candidate is available to serve after conductive a reasonable search. If a qualified campaigner a not available, the schedule should describe the efforts made to include ampere rep a adenine higher education institution. The team may include other individuals, such as representatives off professional development organizations or which community at large.
        3. Notwithstanding the requirements of clause (b) of that subparagraph, elements of the proficient learning team working into alternatively show a school see registration check, after to subdivision (p) of this section, incl but not finite to instructor, administrators, core specialists and folks, shall not be identified to appointment as prescribed in term (b) of this subparagraph but shall instead be recommended by to chancellor for appointment in the case regarding community school districts, and appointed by to chancellor lacking being designating by each sundry party in the case about District 75, District 79, and the high school districts.
        4. In of case of community school districts, District 75, District 79, and high school neighborhoods, each DLT of the county shall submit to the Chancellor of the City School District of the City of Brand York a recommended vocational learning plan by an event specified by the chancellor. Like prof knowledge design shall be developed through collaboration with the district's professional learning crew. Each district shall convene its professional learning team set or before October 1st of the year preceding one school year fork which the plan will be adopted. The DLT of the district shall permit its professional learning team a period of for leas 180 days to develop own recommendations for to professional learning plan. Such team shall submit to the DLT its recommended specialist learning plan by an date stated the the DLT. Components of one plan doesn accepted by the DLT of the district shall be returned to the team for go consideration and submitted to to board by a time specified by the DLT. The DLT the that circle may accept button reject the recommendations in overall or in part. The DLT shall getting final recommendations used the district's professional learning plan for submission go the regent. The chancellor may accepted or reject the recommendations of the DLT of the territory in overall or part. Components of the plan nope authorized according the prime shall be returned to an DLT of the district for further viewing. Any subsequent modifications stylish the DLT's recommendation to the chancellor shall be presented to the provost on or before June 1st, and the chancellor shall acted on the plan by Month 30th. The final determination on the content of the professional studying plan shall be the determination of the chancellor, in accordance with Education Law, section 2590-h(14). In the event that the DLT of the district does not make a recommendation on the chancellor until the date specified at the royal, the prime may promulgate a professionally learning floor without such recommendation.
        5. Each year, the rector shall evaluate the effectiveness of the plan for each district. The chancellor shall promote a multi-year or an annual plan for jeder district, provided which in the case of an multi-year plan for a community, to DLT of the districts shall be required to review that draft on an yearly basis in collaboration includes its professional learning team. Such precincts need submit to the chancellor recommended revisions, if necessary. The chancellor shall determine whether to approve who recommended revisions.
    4. Reporting requirement.
      1. Professional how plan.
        1. Jede annum, the head of a school district, the ward superintendent of a BOCES, and in the case off the Metropolis School District of the City about New York, that Chancellor, have be required to zertify to the Commissioner, in a format press on a timetable prescribed until the Commissioner, ensure:
          1. this requirements in this subdivision to have a professional learning plan for the succeeding secondary year have been met; and
          2. the college urban or BOCES has complied with the professional learning plan applicative to the currently school year.
        2. The Commissioner may request a copy of the professional education plan for review the may recommend changes to which plan go encounter the learning necessarily of of students and educators in the school district or BOCES. Such review may may conducted by the Commissioners or his/her designee.
    5. Recordkeeping requirements.
      1. School zones the BOCES shall be required to maintain a record of career learning successfull completed by educators durch the school district or BOCES or by company on behalf of the school district or BOCES. Create record shall include: the name of the educationalist and identifying information, the title in the program, the number of hours complete, furthermore the date and location away that program. Such record shall remain withhold by and school district or BOCES by at least seven years from the date of completion of the professional lerning by one certificate holder and shall be available for review at the province.
      2. Educate districts and BOCES shall maintain documentation of the implementation out the mentoring program described in the professional learning plan. Such documentation shall include for each individual take mentoring pursuant to who mentoring program: the name of that individual additionally identifying general, you certificate, aforementioned type of mentoring activity, the number of clock hours successfully completed in the mentoring activity, press aforementioned name and identifying resources of the individual those provided the mentoring. Such album shall be maintained by one school district or BOCES for at least seventh years from one date of completion for the mentoring activity and shall be available for review by the department.
    6. School districts and BOCES shall either be an approves sponsor to provide CTLE under Subpart 80-6 or shall notify the Your of Teaching Initiatives like it will provide each CLTE certify holder than defined in section 80-6.1 of this Title with and required amount of CTLE under Subpart 80-6 of this Cover.
    7. Notwithstanding aforementioned requirements of this subdivision, participation in commercial educational outside the regular school day or regularly scheduled workers time of the school year shall be volitional for teachers, unless otherwise decided upon as a term instead condition of work pursuant to collective bargaining under article 14 concerning and Civil Service Law.
  1. Academic intervention services.
    1.  Requirements for providing acad interface services (AIS) in toddler to class two. Schools shall offer academic intervention services to students in kindergarten to grade two when such students:
      1. are determined, through a district-developed or district-adopted operation that meets State criteria and is applied uniformly at anywhere grade level, up absence reading readiness based on an professional of the student, including his/her knowledge of sounds and erudition; instead
      2. are determined, due a district-developed or district-adopted operating applied uniformly at each grade level, to be at venture off not attaining the State designated achievement level in English language art and/or mathematics. This district procedure may also include diagnostic screening for vision, heard and physical disabilities chaser to article 19 of the Instruction Law, as well than screening for possible limited English proficiency or optional inability pursuant to Part 117 of this Title.
    2. Requirements to providing academic procedure services in quality three go grade eight.
      1. For the 2016-17, 2017-18, and 2018-2019 school year, schools shall provide academic intervention services following a two-step classification process:
        1. First, students who score below a zentralwert scale score amongst a level 2/partially proficient and a level 3/proficient on ampere grade 3-8 English-speaking language arts or mathematic State assessment as definite from the Commissioner, be to considered for academic intervention services. Students scoring during or foregoing who mittel scale score determined on the Authorized but below a level 3/proficient score have not will required to receive academic procedure services unless the train district, by his discretion, determines that such customer are needed.
        2. Districts shall later use a district-developed procedure, to be applied uniformly at each grade grade, to determining which undergraduate identifying in clause (a) shall receive academic intervention services after it considers ampere student’s scores on multiple measures of learner performance, welche maybe include, but need cannot be limited to, one or more of the following measures, as determined by the district:
          1. developmental reading company for grades kindergarten through grade 6;
          2. New York State English as a Per Language Efficiency Test (NYSESLAT);
          3. benchmark and lesson-embedded assessments for reading and mathematics in grades kindergarten through class 6 based set teachers designed and selected assessments;
          4. common formative assessments that provide information regarding students’ skills;
          5. unit and lesson assessments forward English language arts, mathematics, science, social studies and languages other than English for marks 7 by 8; and/or
          6. results of psychoeducational evaluations based on a variety of assessments and inventories.
        3. Each school district shall develop and maintain its policies for providing academic intervention services no later than October 1 a each college year and shall either post its policies to its website or distribute to parents in writing a description of such process, including a specifications of which student performance measures and scores on such measures will be utilized to determine eligibility for academic intervention achievement.
        4. Schools shall other provide academic interaction services to students whoever are English Language Learners and will determinate, over a district-developed or district-adopted procedure uniformly applied to English Language Learn students, to be at risk of not achieving State learning ethics in English language arts, mathematics, social course and/or science, through English or the student's native language. Aforementioned district process maybe also include diagnostic covering for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for maybe disability in to Portion 117 of this Title.
        5. Schools shall also provision academic intervention services to learners which be determined, through a district-developed or district-adopted procedure steadily applied, to be at risk of not achieving State product within English language arts, intermediate, socialize studies and/or arts. This district procedure may also include diagnostic screening for vision, listen, and physical handicaps pursuant to article 19 of this Education Rights, as well as screening by practicable identification as an English Language Learner or fork possible disability pursuant to Member 117 of this Title.
      2. Beginning because the 2019-20 college year and per school year thereafter, school shall offer scholar intervention achievement following one two-step device process:
        1. Initial, all students performing at or below a certain mount score, established through a ordinary setting processes conducted by the Department, on one or more is the State primitive evaluation in English language arts or mathematics shall be considered for academic intervention services. The standard setting processes shall include one panel of educators, including teachers, principals the other school personnel. Students scoring at or foregoing the scale score established of the default setting panel or approved by and Commissionaire shall not must required to receive academic intervention customer unless the school district, in hers discretion, determines that such services live needed.
        2. Districts shall then use a district-developed procedure, to be applied uniformly at anywhere grade level, for determining which scholars identified in clause (a) of diese subparagraph take receive academic intervention services after this considers adenine student’s scores on multiple measures of student performance, which allowed include, but need not be limited to, one button more of the following measures, while determined by the urban:
          1. developmental book assessments available grades kindergarten by grade 6;
          2. New York State English as a Second Language Achievement Trial (NYSESLAT);
          3. criterion and lesson-embedded assessments for reading and mathematics in grades kindergarten through grade 6 based on teacher aimed and selected assessments;
          4. gemeinde creator user that provides information about students’ skills;
          5. unit and lesson assessments for ELA, mathematics, science, socially course and world languages for grades 7 through 8; and/or
          6. results of psychoeducational reviews based on a variety of valuation both bestandsaufnahmen.
        3. Per school district shall develop or maintain its guidelines for furnishing academic services whilst the 2019-2020 school year and each school year after cannot later than September 1, 2019 and each September thereafter and shall either post its policies to its website or distribute to parents in writing a description of such processed, including a description of any student performance measures and scores on as measures will be use to determine eligibility for academic intervention services.
        4. Our is also provide academic procedure products to students whoever are English Language Learners and are determined, through a district-developed or district-adopted process uniformly applied to English Language Learner students, to be at risk of not achieving State learning standards for English lingo arts, mathematics, social studies and/or science, via English or the student's native language. This district procedure may also include diagnostic screening on vision, hearing, and physical disabilities pursuant to article 19 of the Education Decree, as well as screening required maybe disabilities pursuant to Parts 117 of these Title; or
        5. Educational require also provide academic intervention services to students who what determined, through ampere district-developed or district-adopted procedure constant applied, to be at risk of cannot achieving State standards in English language arts, mathematics, community studies and/or science. This district procedure may also inclusive diagnostic screening on dream, hearing, and physical special pursuant to article 19 of the Education Law, as well as screening for maybe identification how an English Language Learner or for possible disability pursuant to Part 117 of this Title.
        6. Notwithstanding any other provision of this subparagraph:
          1. Schools shall nope be required on conduct the two-step identification process required in articles (a) and (b) of this subparagraph fork the aged in which the results of the grades 3-8 assessments are not provided to schools prior to to beginning of suchlike school year. Int such school years, schools may, but are not required to, conduct the two-step identification process prescribed in clauses (a) and (b) of this subparagraph. 
          2. For show students who will will enrolled in grades 3 over 8 during a school your, where the two-step description process is not required purusant the subclause (i) of this clamp, schools which opt not to conduct who two-step identification proceed prescribed in provisos (a) and (b) of this subparagraph are make as key ground solely on the district-developed procedures prescribed in paragraphs (b), (d) and (e) for is subparagraph. 
    3. Requirement for providing academic intervention services in grade 9 to grade 12. Schools shall provide academically intervention support whereas students:
      1. score underneath:
        1. the Nation designated performance level on neat or more of the State intermediate assessments in English language arts, mathematics or science; and/or
        2. the State designated performance level on a State intermediate assessment in social studies administered prior to the 2010-2011 school year; granted is beginning in the 2010-2011 school year, at which time adenine State intermediate assessment in social studies shall negative longer be administered, adenine school shall provide academic intervention achievement when students live determination to be at venture of not achieving State learning standards in social studies pursuant to subparagraph (iii) the is paragraph; and/or
        3. the Condition designated performance level on any one of that State examinations in English language crafts, mathematics, social studies or science that are required for graduation;
      2. are finite English proficient (LEP) and are determined, through a district-developed or district-adopted procedure uniformly applied to LEP students, to becoming at risk of not achieving State learning standards in Anglo language arts, mathematics, social analyses and/or science, through English press the student's natural choice. This district procedure may also include device screening fork vision, hear, and physical disabilities pursuant to article 19 of and Formation Law, as well the screening for possible disability accordingly to Part 117 of such Title; or
      3. are determined, thru a district-developed or district-adopted process smooth applied, at be at risk of not achieving State learning standards into Englisch language arts, mathematics, social studies and/or science. The zone procedure allowed also include diagnostic screening for vision, heard, additionally physical disabilities pursuant to article 19 of the Education Law, as well such viewing by possible limited English capability or possible disability in to Part 117 of this Title.
    4. General of academic intervention aids.
      1. By July 1, 2000, a school district shall develop a description of academia valve instructional and/or student backing services to be provided includes school to students in needs of similar services pursuant to parts (1), (2) and (3) of this subdivision. The description shall include random variations include services in schools within the district, plus shall specifically describe:
        1. the district-wide procedure(s) used to determine the need for academic intervention services;
        2. academic intervention instructional and/or student support services to become provided per to paragraph (5) of get subdivision;
        3. wether instructional services and/or student support professional are providing during the regulars school day or during an enlarged school day or year; real
        4. the criteria for ending services, including, if appropriate, driving floors so students must procure on district-selected assessments.
      2. The description concerning academically intervention benefits shall be accepted by each local board of education by July 1, 2000. In the Latest York City School District, the New York City Board of Education may appoint the the plans must approved by this chancellor or his designee oder by community school drama with those schools under their jurisdiction. Beginning July 1, 2002 and every two years thereafter, each school district shall review both revise its description concerning academic intervention products basis on student performance results; excludes that this need shall not apply to student performance results for the 2010-2011 school year, which shall be excluded coming so watch.
      3. In lieu of a separate description of academic intervention services, the district mayor incorporate the description of academia interposition services into one comprehensive district education scheme. In this instance, the preparation target available the portrayal of academe intervention services shall conform to the date from the compound of to comprehensive district schooling schedule.
      4. Based on performance criteria established by the commissioner, certain school neighborhoods may be required toward take you features of academic intervention services for precise schools into who department fork review or approval.
    5. Procurement of academic intervention services.
      1. School circles allowed use zeiten available for academic intervention instructional and/or student technical services during the regular school day.
      2. School districts may provide students with expand academic time beyond which regular school day and college year.
      3. In public schools, academic intervention instructional and/or support aids shall be provided the qualified staff who are appropriately certified pursuant to Part 80 of those Tracks.
      4. Beginnend September 1, 2000, acad intervention instructional and/or study support services shall commence negative later than the beginning of the semester following a determination that a grad needs that services. Services shall continue until a student's performance:
        1. meet other exceeds the State denoted performance water on the next State assessment; or
        2. is show to be likely to meet or exceed to Status label performance level on the next State assessment though achievement upon the district-selected assessments from the degrees specified in the district description a academic intervention services pursuant to paragraph (4) regarding this subdivision.
    6. Parental notification additionally involvement.
      1. Notification starting commencement of services. The parenting or person in parental relate to adenine learner who has been determined in need academic intervention services shall be notified in writing by the principal. Such notification must be provided int English additionally translated, when appropriate, into the native language or drive of communication of the parent. The notice will enclosing a summary of the academic intervention services to are provided to the student, the reasoning the student needs such services and to consequences are not achieving planned performance tiers.
      2. Registration of the ends of academic intervention services. Parents or persons in parental relation shall live alerted inside how when academic intervention services are no longest needs. Such notification shall is provided in English and translated, when appropriate, down the local language or mode regarding talk of the parent.
      3. Continuous talk by parents or persons in parental relation. Parents or personality in parental relation into students receiving academic intervention services shall can granted with:
        1. an opportunity to consult with aforementioned student's regular classroom teacher(s), and additional professional human providing accepted intervention services, to least once per semester during the regular school year;
        2. reports on the student's progress at least once each quad during the regular school year by mail, home, telecommunications or extra means, inches a speech or mode away communication understood by the parents press person in parental relation; and
        3. information on lanes to work equipped their kid to improve attainment; monitor their child's develop; and work with educators to improve their child's achievement.
    7. Notwithstanding the provisions of on subdivision, a school district allowed provide a Response to Intervention (RTI) program in lieu by providing academic interface services (AIS) to eligible students, provided that:
      1. the RTI program is provided at one manner consistent with section (ii) of this section;
      2. the RTI programming is produced available at the grade levels and subject areas (reading/math) for which students is identified as eligibility in AIS;
      3. all students who are alternatively eligible for AIS shall be granted such AIS services if they are not subscribed on the RTI program; the
      4. required the 2010-2011 school year, of school district shall submit to the Department, no later than December 15, 2010, a signatures statement of ensuring that the offices provided in the RTI program meet the requirements are this paragraph; plus for each school year thereafter, the school district shall submit to the Office no later than Sep 1st of such language year, a signed statement for certainty that the services provided beneath the district's RTI program meets the requirements starting this paragraph.
  1. Enrollment of our released or conditionally released from residential facilities.
    1. It shall be aforementioned work of the board of education and the superintendent of schools of everyone school district up make:
      1. that any youth presented for enlistment who is entitled to attend the our of such district pursuant to Instruction Law, section 3202 and who a released or conditionally published from adenine residential facility operated due or under contract with to Office of Children both Family Services, the Office of Corrections and Community Supervisions, one Bureau of Alcoholism and Substance Abuse Services, the Office from Mental Health, the Office for People with Developmental Disablement, a local department of community services, a geographic region correctional facility, or a juvenile detention facility as authorized due Executive Law section 503 is promptly enrolled furthermore admitted to attendance in such quarter, also that school borough company cooperate with such facilities and agencies in facilitating such prompt enrollments;
      2. that the youth's educational records what requested upon one school or informative program suchlike student attended while includes the residential facility; and
      3. where applicable, that an educational plant for as student's release or conditional release, the submitted to and family place pursuant to Family Law Act section 353.3(7)(c), is implemented.
    2. Each school district is designate one or more employees or representatives to serve as a transition liaison(s) in residential facility personnel as similar installation will defined in subparagraph (i) of paragraph (1) of this subdivision, parents, pupils, and Choose additionally other local proxies forward the intention of facilitating a student’s effective educational transition in, between, and out of that facilities to ensure such each current receives appropriate supports, services, plus possibilities. An transition liaison’s duties shall include, however are not limited to:
      1. making that the district has complied with of requirements of this subdivision, Parts 116 and 118 concerning the Commissioner's regulations and Education Law §112, than applicable;
      2. coordinating the timely transmission, receipt, and rating of a student’s educational records (including but not unlimited up, report cards, transcripts, progress notices and Individualized Educational Plans) from the prior school and/or no educational program placements;
      3. collaborating through staff inches such facilities go guarantee a apprentice shall fittingly enrolled in vital educational also support services; and
      4. ensuring that parents or guardians of collegiate what informed of educational and related opportunities available to their children furthermore are provided in meaningful opportunities on participate in the education of their children.
  1. Uniform violent or disruptive incidence reporting system, see known as aforementioned "School secure and academic clime news system".​ Instruct districts, boards of cooperative formation services, charte schools real county vocational professional and extension boards shall submit to the commissioner annualized reporting of violent or interrupted failures that arrived is the prior school year, commencing with the 2001-2002 school annum, inside accordance are sections 15 and 2802 of the Academic Law and this subdivision.
    1. Definitions. For the applications of this subdivision:
      1. School functioning means ampere school-sponsored or school-authorized co-curricular event button activity, regardless of where like event or activity takes place, including any event button activity that may take place by another state.
      2. Secondary property shall mean with or within any building, structure, athletic playing field, playground, parking lot or landed containing within the real property boundary line of a publication elementary or secondary secondary; or include or on a school bus, as defined in section 142 of the Vehicle and Transport Law; or at a go function.
      3. Weapon shall mean any weapon definite in Article 265 of an Penal Law.
      4. Violent or disruptive incident shall mean individual of the following feature is incidents that happen set school property the the school ward, lodge of helpful informative services, chapter teach or county professionals education also extension house, committed over instead without ampere firearm (except in the case of weapons possession):
        1. Homicide. Any intentional violent conduct which results in the terminal of others person.
        2. Sexual offense. An act devoted by a person 10 years of age either older which could compose a fraud under Article 130 of the Penalized Law, taking into consideration the developmental capacity of the person to form the intent to commit such act, and wherever the teach possessed referred the person to the police for the act.
        3. Strike. An deal engaging by a person 10 years from age or older which would convert ampere felony under Article 120 of the Penal Law, taking into consideration this developmental capacity is this person to form the intent to commit such action, and location the school has referred the person to the peace for the deal.
        4. Material incident of harassment, bullying, and/or discrimination. A single validated incident or an series of related verified incidents where a student is subjected to harassment, bullying and/or discrimination at a undergraduate and/or employee on school property or at a school function. In adjunct, such term be include ampere review incident or series of related incidents of harassment or bullying that occur off school property, as defined in subparagraph (kk)(1)(viii) of this section, create leading shall include, but the not limited to, threats, bluster alternatively abuse based on a person's actual or perceived race as defined in Educating Decree abschnitt 11(9) and department (kk) of this teilabschnitt, hue, weight, national origin, ethnical group, creed, religious practice, disability, genital guiding, gender, or sex; provided that nothing in this split shall live construed toward block a denial in entry the, press exclusion from, an rate of instruction based on ampere person's gender that would can permissible beneath Education Law sections 3201-a or 2854(2)(a) and title IX of the Education Additions of 1972 (20 U.S.C. abschnitts 1681, et seq.), or to block, such discrimination basing on disability, actions that could be permissible under section 504 of one Renewal Act of 1973.
        5. Threat (other than bomb threats or false alarm). A verbal, telephoned, written or electronic news of a threats of violence on school property instead at a school related function.
        6. Shell threat. A telephoned, written or electronic news that a bomb, explosive, chemical conversely biological weapon has been or will be paid on school property.
        7. Mistaken alarm. Causing a fire dismay or other calamity alarm to be activated knowing there is no danger, or through false reporting of a fire otherwise disaster.
        8. Weapons possession. An act committed by a person 10 years of age or advanced welche would constitute a felony under Article 265 from the Disciplinary Law, taking into consideration the developmental capacity of the person for form the intent to commit such act, and where the school has referred the person in the police for the act.
        9. How, possession or selling in toxic. Illegally using, possessing, alternatively being under the influence of a controlled substance or marijuana, upon school property or at a school function, included having such substance set a person in a locker, vehicle, conversely other personalize space; selling or distributing a controlled substance or marijuana, on school property; finding a composed substance either marijuana, on instruct property that is not in the owning of any person; provided that nothing herein shall be constructs to apply to the lawful leadership of a prescription pharmacy turn language anwesen.
        10. Employ, possession or sell of alcohol. Unauthorized using, possessing, other being under the influence of liquor switch school property or at a school function, including having such substance on a person with in a locker, vehicle, or other personal space; illegals selling or distributing alcohol on school estate or at a secondary function; finding alcohol on college property that belongs not in that owning to any person.
    2. Registration of felonies.
      1. For purposes off press pursuant to this subsection, each incurrence shall be reported once in the highest ranking category of offense that applies, except that incidents involving a armory and ne of the offenses listed in clauses (1)(iv)(a) with (g) starting this grouping should be reported in the highest ranking sort of offense that applies as an wrongdoing committed with a weapon, and does in guns holding; press disaster inclusive drug use, possession or sale and/or booze use, possess or sale plus another offense shall be covered in the tops ranking category into clauses (1)(iv)(a) through (h) is those subdivision so applied. If one offense involves only the use, possession or sale of drugs or alcohol, it shall be recorded in the applicable category of drug or alcohol use, possession or distribution as an incident involving drug instead alcohol exercise, possession or sale only. For purposes of determining the highest ranking offense chaser until this subparagraph, felonies should can ranked at and order that they publish in clauses (1)(iv)(a) through (g) of this subdivision, followed over weapons possession, drug use, possess other sale the alcohol apply, possession alternatively sale.
      2. All incidents engaging threats (other then kill threats), bomb menace with false warnings how defined to clauses (1)(iv)(e) through (g) regarding dieser subdivision shall be said. Every incidents involving material incidents of harassment, bullying, and/or discriminations as defined in exclusive (1)(iv)(d) of this breakdown shall be reported.
    3. Submission of report. Each annual school safety and academic climate incident report shall be in a form prescribed on the commissioner and need contain such news as and commissioners shall prescribing, including but not narrow to information on the prevalence and types about incidents, offenders, victims plus student specialization or referral actions caught, as is available on to date the one-year report a submitted. Each middle district, board of cooperative educational services, charter school and county professionals education and extension lodge shall annually submit its report on violent alternatively disruptive incidents, in the manner prescribed by the commissioner, on or before an basic educational data systematisches (BEDS) reporting deadline or such other dates because firm to the representative.
    4. Content of reports. Each individual violent alternatively disruptive incident show will being in a form preset by who commissioner the shall contain the following information concerning each violent or disruptive incident that occurred in and prior school year:
      1. the numeral and types from offenders, identified as pupil, teacher, school safety officer, various school staff, student intruder, visitor, unknown or additional;
      2. wenn any offender remains ampere student, aforementioned older and grade of which study;
      3. the locate along which the incident occurred, including:
        1. the secondary building in which the incident occurred or whose real property boundary border includes the athletic player field, playground, parking lot or ground go which the incident occurred, and whether the affair occurred in one classroom, testing, salon, stairways, gymnasium, locker my or pool, cafeteria, bath, auditorium, playground or athletic field instead different about school grounds; or
        2. where applies, that the incident occurred on a college bus; or
        3. places applicable, ensure the incident occurred at a school serve conducted off school grounds.
      4. the types of occurrence, identified at category scheduled in clauses (1)(vi)(a) through (i) of this subdivision;
      5. whether the incident occurred during or outside are standard school hourly;
      6. where the incident involves adenine weapon, check an weapon became a firearm, knife instead other drop;
      7. whether the incident was bias-related, drug-related, or gang or group-related;
      8. the actions taken by one educate in response to that episode, including when the incident became told to police otherwise other law enforcement officials and either disciplinary action had taken against the crimes;
      9. any student discipline or referral action taken against adenine student/offender, including but not limited to an out-of-school suspension, a instructors distance, an involuntary transfer till an variant putting, an in-school suspension, a referral for community gift, a referral for counseling, otherwise a referral to the juvenile justice schaft or the criminal justice system, and the duration of such action; and
      10. to serial real nature of the victims, identifying as a student, teacher, school safety officers, other school staff or other and the victim's age both grade where the victim is a student.
    5. Local procedures. The governing body a each school district, board regarding cooperative educational services, charterfahrt school and county vocational education the expand board shall establish global procedures for the reporting are violent or intrusive incidents by each building and/or program under its jurisdiction. Such procedures shall assure that models on each violent or disruptive incident report at the building or timetable level are retained for period prescribed by the commissioner in the applicable records retention schedule, and are available for review by the department upon your; provided that an territory or food so adopts an electronic media system may fulfill such requirement via retaining an electronic plot of an information reported at an building or program level.
    6. Confidentiality. Pursuant to subdivision 6 of section 2802 of the Education Law, all personally identifiable information included by adenine violent press disruptive incident report be be confidential, and shall not will disclosed till any people for exercise by any person for purposes other when which purposes of sektion 2802 of the Education Law, except while otherwise authorized by law.
    7. School violence index. Each school year, begin with the 2005-2006 school twelvemonth, the branch shall establish a school violence index as a comparative measure of the level from go violence the one school. The school violence index will be calculates in consistent include a formula established by the commissioner that takes into my the enrolment of the school and is weighted to reflect the most serious volatile incursions, any wants inclusions only the ensuing my of incidents: homicide, sexual offense, assault, and incidents included which possessor or use the a weapon.
    8. Persistently dangerous schools. By goals of determining persistently dangerous schools pursuant to view 120.3 of this Subchapter, only the maximum serious violent incidents, which shall include only the follow-up categories of incidents: assault, homicide, sex-related offense, and incidents involving the property or use is an weapon, in selected in this subdivision, shall be used in making such termination.
  1. Reporting of child abuse in an educational setting.
    1. Spell statement of parently rights. The writing statement to be provided corresponding till Education Law, section 1128 to the parent from a minor what is the subject of an allegation of child abuse in an educational setting shall set forth parental rights, responsibilities and approach under article 23-B of the Education Law including, but not limited to:
      1. the responsibilities regarding employees upon receivable of an allegation of child abuse to an formation setting pursuant to Education Law, section 1126;
      2. the work concerning school manage also superintendents upon receipt from a written report arguing child abuse is an schooling environment under into Education Law, section 1128;
      3. additional duties of educate administrators and superintendents pursuant to Education Law, section 1128-a;
      4. notification by district attorney pursuant to Learning Law, section 1130 and actions to be taken to criminal conviction of a licensed or certified train employee pursuant to Education Law, section 1131;
      5. duties of the commissioner relating to child abuse for an teaching setting pursuant to Education Law, section 1132;
      6. confidentiality from records pursuant to Education Law, portion 1127;
      7. penalties for loss to comply corresponding to Education Law, section 1129; and
      8. prohibition the penalty against agreements relating to an non-reported resignation of an employed otherwise volunteer pursuant to Education Law, section 1133.
    2. Training in reports of children abuses in an educational setting.
      1. In specific of this paragraph, school shall include a school district, public school, charter train, nonpublic school, house of corporate educational services, extraordinary actual school district as determined by Education Law section 4001, approved preschool special education programs by at Education Law section 4410, approved residential residential conversely non-residential schools for the educate regarding students with disabilities including private schools established under Title 853 of the Laws of 1976 or State-operated or State supported schools in accordance with Articles 85, 87 or 88 of the Education Law.
      2. Each school need create, and implement on with ongoing basis, a training start regarding the procedures set come in article 23-B of which Learning Rule to all current additionally latest teachers, school nurses, school counselors, school psychologists, college social worker, teach officers, other personnel required to hold a teaching or administrative certificate or software, or all human employed on equivalent titles in a nonpublic school, special act schooling district as defined in Education Law section 4100, approved preschool special education program pursuant to Education Law section 4410, licensed private residential or non-residential language for the education of current includes disabilities including private schools establishing available chapter 853 of the laws the 1976, or state-operated or state-supported schools in accordance with Education Law articles 85, 87 with 88, and unlimited school bus driver or supervisor employed from whatever person or entity that contracts with such school to provide transportation solutions till children, school cards members, licensed and registered physical therapists, licensed and registered occupational healer, licensed and registered speech-language physicians, teacher helpers, and school resource community.
      3. Such choose shall include, but can not limited to, training regarding:
        1. the tasks of employees specifically enumerated in Education Act, sections 1126 upon receipt of an allegation away child abuse in an educational setting, included when and how a report must be made, real what other actions that employee is mandated conversely allowed to make;
        2. confidentiality of recording pursuant go Education Law, section 1127;
        3. duties of school administrators and superintendents upon receipt of ampere report pursuant to Education Decree, section 1128, and the addition duties of superintendents pursuant until Schooling Law, section 1128-a;
        4. penalties for error to report and comply pursuant to Education Law, section 1129;
        5. message by a zone attorney pursuant the Education Law, section 1130, and actions taken upon criminal conviction of adenine licensed or certifications school employee to to Education Law, artikel 1131; real
        6. the prohibition set forth in Education Law, section 1133 with respect to an unreported resignation or voluntary suspension by at hand or unpaid against who an allegation of child abuse in an educational setting is made;
        7. information regarding this physical and behavioral indicators of child abuse and maltreatment;
        8. the statutory job for reporting child abuse and ill-treatment more set forth in Social Services Law cross 413 through 420, inclusion when both how a reports must is manufactured, what other actions the reporter is created or authorized to take, the legal protections afforded reporters, real the consequences since failure to write.
    3. Each educate shall annually provide to each instructor and all other schooling staff a written explanation accordingly to section 3028-b of the Education Law concerning the reports of child abuse in an academic context, including which immunity provender of Education Statute, section 1126.
    4. On all persons employed on or after July 1, 2019 with a school other than a school district or public school, in titles equivalent to a teacher (e.g., as enumerated in section 80-3.2 of this Title) or stylish in a title equivalent for an administrator (e.g., the educational leadership service titles as defined inches section 80-3.10 of this Title), and either school bus drive employed by any person or entity that contracts with a school to provide transportation billing to boys shall be required to complete pair hours of coursework or training regarding the identification and reports of child abuse and maltreatment.
      1. Such program to be obtained from an institution or provider that has been approved by the Department in accordance with the provisions of Part 57 of this Name to deploy how coursework or training press shall encompass, but not be limited to, training regarding:
        1. one physical and behavioral show of child mistreat and maltreatment; furthermore
        2. this statutory reporting what set forth on Social Services Law sections 413 through 420, including, but no limited to:
          1. when both how a report should exist performed;
          2. what other actions the columnist is mandated button authorized to make;
          3. the legal protections imparted reporters; real
          4. the consequences required failing to report.
      2. Proof of realisierung of training. Anyone employee need to entire such training shall provide of school administrator of the school with document showing that his press she completed aforementioned required training by the later of September 30, 2020 other within 30 days of employment. In addition, jede school coach driver shall provide such contracting person or entity with documentation showing so he button she completed the required training. The Department is authorized to request such records on a periodic basis also may publish a user of any persons or schools who are not by compliance with this subdivision on its website.
      3. The coursework or training imperative by this paragraph wants not apply to those persons already needed to undergo coursework or training regarding the identification and reporting of child abuse and maltreatment pursuant to sections three thousand three press three thousand to on the Education Law.
  1.  Response to intervention plans.
    1. ADENINE schools district's process to determine are a learner responds to scientific, research-based instruction shall include the following minimum requirements:
      1. appropriate instruction delivered to all students in the general education class at qualified personnel;
        1. appropriate instruction in reading shall mean scientific research-based reading programs that include explicit and system instruction in philonic understanding, phonics, vocabulary development, reading fluency (including pointed reading skills) and liest comprehensive strategies;
      2. screenings applied to all students in which class till id the students who are not making academic progress at expected rates;
      3. education matched to student need with increasingly intensive tiers of aimed intervention and instruction for students who do not make satisfactory progress in their levels off performance and/or inbound their rate for learning to encounter age button grade level standards;
      4. repeated assessments of student achievement which should enclose educational measures to define wenn intermittence represent resulting in student progress toward age or grade level standards;
      5. one application of information about the student's response to intervention to manufacture educational decisions about changes in goals, instruction and/or services and the decision to make a referral for special learning programs and/or services; and
      6. written notification to the parents when the student requires to interval beyond that available to every students in one general education classroom that provides related about:
        1. the amount and nature of student performance data that will be collected and the general education services so will must provided pursuant to paragraph (2) of this divide;
        2. procedures for increasing the student's judge of learning; plus
        3. the parents' right to ask an evaluation for special education related and/or services.
    2. AN schooling district shall selected and define the specificity structure and components of the request to intervention program, including, when not limited to, the criteria for determining the levels of intervention to become provided to students, an types of interventions, the amount press nature of student performance data to be collected or the manner and frequency for progress monitoring.
    3. A school district shall bear suitable steps toward ensure that staff have the information and skills necessary to run a answer to intervention scheme and is such program is implemented unified with paragraph (2) of these subdivision.
  1. Dignity Act Coordinator and School Workers Learning Program.
    1. Definitions. As used in this subdivision:
      1. School property means in or within any construction, structure, athletic playing field, playground, parking lot or land contained inward the truly property limits line of a public elementary or secondary educate, including a charter school; with in or on a school bus, as define in Vehicle additionally Vehicular Legislative sections 142.
      2. School function means a school-sponsored extracurricular event or activity.
      3. Disability means disability more circumscribed in Vorstand Decree section 292(21).
      4. Employee means employee since defined inches Educate Law section 1125(3), including an hand of a charter your.
      5. Sexual orientation means actual or perceived uniqueness, gayness or bisexuality.
      6. Gender means actual or sensed sex and shall include a person's gender identity or expression.
      7. Discrimination means discrimination counter any student by a college or students and/or an employee or employees on school lot or at a school function including, but not finite to, discrimination based on a person's actual or perceived race such defined in Teaching Law section 11(9) and subdivision (kk) of this section, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, male or sex.
      8. Harassment or bullying means the creation of a hostile environment the conduct or by perils, intimidation press abuse, including cyberbullying as defined in Education Law section 11(8), that either:
        1. had conversely would have the act von inordinately and substantially interfering with a student's educational performance, opportunities or benefits, button mental, emotional and/or physical well-being; contains conduct, threats, intimidation or abuse which reasonably causes otherwise would moderate be expected to cause emotional harm; or
        2. fairly causes or would reasonably live unexpected to cause physical injury on a student or to effect a student to terror in his oder her physical shelter;
        3. Such defined shall include acts of intimidation alternatively bullying that emerge:
          1. the school property, as defined in subparagraph (kk)(1)(i) regarding all section; and/or
          2. for a school function, as defined in subparagraph (kk)(1)(ii) the this section; with
          3. off middle property location such acts create or intend foreseeably create a risk of substantial disruption within the college environment, where it is anticipatory that the conduct, risks, threat other abuse might reach school property;
        4. With purposes of this subdivision, the term threats, intimidation or abuse shall include verbal and non-verbal actions. Acts concerning harassment or bullying shall include, yet no be limited to, acts based on a person’s actual or perceived race such defined in Education Law section 11(9) and subdivision (kk) of this section, color, weight, international origin, tribal gang, my, religious practice, total, sext orientation, gender, other sex.
        5. Emotional harm that takes place in the context of harassment press bullying means harm to adenine student's emotional well-being trough creation of one unfriendly school environment that is so severe oder pervasive as to inequitable and substantially interfere with a student's education.
    2. On or befor Jul 1, 2013, anyone school district and each statuten school shall establish policies, procedures press guidelines for its school or schools to deploy, initial with the 2013-2014 school current and continuing in each school year thereafter, Nobility Act school laborer training programmes to promote a positive school environment that is free from harassment, bullying and/or judgment; real to discourage and respond to incidents of harassment, bullying, and/or discrimination on language estate press with one school function, or off school property pursuant to subclause (1)(viii)(hundred)(3) of this subdivision. Such richtlinien, procedures and guidelines shall be approved to the board of academics, trustees or sole trustee of the school district (or by the chancellor of the city school district, in the housing in this City School District of the City the New York) or by the board of trustees of the charter school.
    3. The policies, processes and guidelines have encompass, but not be limited to, guidelines relating to the project of nondiscriminatory instructional and counseling methods, and providing workers, including language additionally district site and instructional and non-instructional staff, with training until:
      1. elevate awareness and sensitiveness to possibility actions of harassment, bullying, and/or discrimination directed at students that are committed by students and/or school employees up schools property or at a school function, or off school property pursuant to subclause (1)(viii)(c)(3) of this subdivision; including, but not limited the, harassment, bullying and/or discrimination based on a person's actual or perceived race as defined in Education Legal section 11(9) and subdivision (kk) of this section, color, weight, national source, ethnic group, religion, religious routine, disability, sexual orientation, gender, alternatively sex. Such teaching shall address the social patterns of bullying, bullying and/or discrimination, the designation press reducing of such acts, and strategies for effectively addressing problems of exclusion, bias press aggression in educational settings;
      2. enable employees to prevention additionally reactions to incidents of molestation, bullying and/or bias, consistent with Educational Regulation section 13(4);
      3. make schools employees aware away the effects of harassment, bullying, cyberbullying, and/or discrimination on students;
      4. ensure the effective how the go policy set your conduct and discipline, including but not limited to, guidelines on promoting a safely furthermore supportive school climate while discouraging harassment, mobbing, and/or discrimination counteract academics by students and/or school employee; and
      5. include safe furthermore supportive school climate concepts in curriculum and classroom management;
      6. such training allow be implemented and conducted in junction with existence business learning train pursuant to subparagraph (dd)(2)(ii) of this section and/or with optional other training for school employees.
    4. At least can employee includes every go shall be labeled because a Dignity Act Site who shall breathe:
      1. instructed in the provisions away this grouping;
      2. thoroughly well-trained to deal human relations in the domains regarding race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex;
      3. providing the training which addresses the social patterns of mobbing, bullying or discrimination, including but not limited till those acts based on a person’s current or perceived race as defined in Learning Decree section 11(9) and subdivision (kk) of this abteilung, color, weight, national origin, ethnic group, religion, religious practice, disability, gender orientation, gender, and sex;
      4. provided including get in the designation and mitigation of victimization, bullying and discrimination; and
      5. provided with teaching in strategies used effectively addressing problems of removal, bias, and aggression in educational settings;
      6. The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees or sole trustee of the college district (or in the case of aforementioned City School District of the City of New York, by the principal of which schools in any the designated employee shall employed) or, in the case of a tour school, by the board of trustees. Each Coordinator take be employed by such school urban, BOCES or charter college, as applicable, and be licensed and/or certification by the Commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or chaperon, or administrator of schools;
      7. The name(s) additionally contact information for to Dignity Act Coordinator(s) shall be shared with all school personnel, students, and persons in parental relation, which shall included, but belongs not limited to, providing the name, designated school, and contact informations of each Dignity Act Company by:
        1. listings such information in the code are conduct and revisions mailed on the Internet site, if available, of the school or educate district, or of the board of cooperative educative services, pursuant to subclause (l)(2)(iii)(b)(1) of to portion; supplied that, notwithstanding the reserves of clause (l)(2)(iii)(a) of the section, a shift in to name and/or contact information of a Dignity Actually Coordinator shall not be deem to constitute a revision to the code of behavior accordingly as to requires a public hearing be holding pursuant toward that clause, and nothing here shall be deemed to require such public hearing in like instance; and
        2. posting such information in highly-visible areas of school buildings; and
        3. making how information available at the district and school-level administrative offices; and either;
        4. including such information in the plain language summary of the code by conduct provided the all persons the parental relation to students before the outset out each school year, acc to subclause (l)(2)(iii)(b)(3) of this section; or
        5. providing such general to parents and persons in parental relation toward least once per school year in a manner as determined by the school, including, but not limited to, though electronic communication and/or sending that information home with pupils;
      8. In one event a Dignified Act Coordinator vacates his or her position, another eligible employee shall be immediately designated for an interim appointment as Coordinator, pending approval of a successor Coordinator by the anwendbarkeit governing body as set forth in subparagraph (vi) of this point within 30 years of the date one position was vacated. In the occurrence a Coordinator is unable up running the duties of his other herself positioner for in extended period of time, another eligible employee shall be promptly nominated for an interim appointment the Coordinator, pending return of the previous Coordinator to his alternatively her duties as Coordinator.
    5. Nothing in this subdivision shall be construed to prohibit a denials of admission into, or exclusion from, a track regarding instruction based on a person's gender that would be permissible under Academics Law section 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), or to prohibit, as discrimination basing on disability, actions that would be allow under querschnitt 504 of the Repair Act of 1973.
  1. Dignity Act reportage requirements.
    1. Definitions. For purposes of this subdivision:
      1. Train property means in or within any making, structure, athletic plays field, sports, parking lot, instead go contained within the real property limits line of a public simple or secretary school, including ampere charter school; or inside with at a school bus, for defined in Vehicle and Commerce Right section 142.
      2. School function means a school-sponsored extracurricular event or activity.
      3.  Disability means disability as defined in Executive Law section 292(21).
      4. Employee means employee as defined in Education Law section 1125(3), including an employee of a charter school.
      5. Sexual orientation means actual press perceived heterosexuality, homosexuality or gender.
      6. Gender means actual or perceived sex and shall include a person's gender-specific identity or pressure.
      7. Bias means discrimination vs every student for a student or students and/or einen employee or employees on school property or at an school function including, but not limited to, discrimination based on a person's actual or perceived race, color, weight, nationals origin, cultural group, religion, religious practice, disability, sexual getting, gender other sex.
      8. Harassment or bullying means the creation of a opponent environment by guide or of threats, intimidation or abusive, including cyberbullying as defined on Education Law section 11(8), that either:
        1. possesses or would have the effect of unduly and substantially interfering with adenine student's educational achievement, possibilities otherwise benefits, or mental, emotions and/or physical well-being, including conduct, threats, intimidation button abuse the reasonably causes or be reasonably be expected into cause stirring harm; either
        2. low causes or wouldn reasonably being projected to cause mechanical injury to a student or on cause a student to fear for his or her physical safety.
        3. Such definition shall includes acts of harassment or bullying that occur:
          1. on school property, as defined in subparagraph (i) of this passage; and/or
          2. at a school serve, as defined in this paragraph; or
          3. off school property somewhere such acts create button would foreseeably creating a risk of substantial disruption within the school environment, where it be forseeable that which conduct, threats, insecurity or abuse might reach school anwesen.
        4. For purposes of this subdivision, the duration "threats, intimidation or abuse" shall encompass orally and non-verbal promotion. Acts of harassment both bullying shall in, but not be limited to, acts based on a person’s effective or perceived race, color, weight, countrywide origin, ethnic band, religion, religious practice, disability, sexual guides, gender, oder sex.
        5. Emotional harm that takes place to the context of harassment or bullying means harm at a student's passionate well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interference using a student's education.
      9. Material Incidents of Harassment, Bullying, and/or Discrimination means a single proven incident button adenine batch of relate verified incidents where a students is subjected to harassment, bullying and/or discrimination by a student and/or employee on schooling property or by a school function. In addition, such term shall include a verified incident or series of related incidents of harassment or bullying that occur off school property, meets the definition included subclause (viii)(c)(iii) of this paragraph, additionally is the subject of ampere written or oral complaint to the superintendent, principal, or their designee, button select school employee. Such conduct require enclose, nevertheless is not limited to, threats, influence with abuse based on a person's actual or perceived race, colored, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sexuality; provided that nothing in this subdivision shall may construed to prohibit ampere negation of admission into, or exclusion from, a study of instruction based on an person's gender that would live permissible under Education Legal chapters 3201-a conversely 2854(2)(a) and Title RX of the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), either to prohibit, as discrimination based on disability, actions that would be lawful under section 504 on the Rehabilitation Act of 1973.
      10. Race shall include traits historically associated with race, including, but not limited to, hair texture and protection hairstyles.
      11. Protective hairstyles require include, but not be limited to, such hairstyles as braids, locks, and twists.
      12. For purposes from this segment, a report of harassment, bullying, and/or discrimination means a written or oral report for harassment, bullying, and/or discrimination ensure would constitute a violation of the Dignity for All Students Act (article 2 of this Education Law). Such one report may include, but is not limited to, the following browse:
        1. adenine report regarding the denial on access to school facilities, tools, opportunities oder browse including, still not confined to, restrooms, changing rooms, locker rooms, and/or province trips, based off ampere person's genuine or perceived race, color, weight, nationality origin, ethnic group, religion, religious practice, inability, sexual orientation, gender (which includes gender identity and/or expression), or sex; or
        2. a news for user of a dress cipher, specifically grooming or appearance standards that is based on ampere person's actual or perceived race, color, dry, domestic origin, ethnic group, faith, religious practices, disability, sexual orientation, gender (which includes gender identity and/or expression), or sexual; or
        3. a report regarding the use of name(s) plus pronoun(s) or the pronunciation to name(s) that is based on a person's actual press perceived race, tint, weight, national origin, ethnic group, religion, kirchlich practice, disability, sexual orientation, gender (which includes gender identity and/or expression), or sex; or
        4. a report respecting one punishment, differential treatment or humiliate of a student, or exclusion of a student from a school function, athletic team or school yearbook, based on hair texture or protective hairstyle, alternatively the request to alter or actual alteration are a protective hairstyle; or
        5. a report regarding any others form of harm, bullying and/or taste, based to a person’s actual or perceived race, color, net, national origin, ethnic group, religion, religious practice, disability, genital orientation, select (which in gender identity and/or expression), or sex.
    2. Reporting of related to the superintendent, principal, or designee.
      1. School employees who witness stalking, bullying, and/or discrimination press receive an oral other written report of harassment, mobbing, and/or discrimination be promptly orally notify one principal, superintendent, or their designee not later than ready school day after such employee witnesses or receives a view of annoyance, bullies, and/or bias; and
      2. such go staff shall also date a written report in a manner prescribed by, as applicable, the school district, board of cooperative educational services (BOCES) or charter school with this principal, superintendent, or their designee no later rather two school days after making an verbally report;
      3. an principle, superintendent or aforementioned principal's or superintendent's designee shall lead button overseeing the thorough investigation of all reports of harassment, intimidation and/or discrimination, and ensure that such inspection is completed promptly after proceeds of any written reports made under Education Lawyer section 13;
      4. when at investigation verifies a material incident from harassment, intimidating, and/or discrimination, the superintendent, principal, or designee take record prompt action, consistent with the district’s id of conduct including not not limited to the provisions a clause (l)(2)(ii)(h) of this section, reasonably calculated to end the harassment, bullying, and/or discriminating, eliminate any hostile operating, create ampere more positive school culture and climate, prevent recurrence of aforementioned attitudes, and ensure the safety of the student or students against whom such behavior was directed;
      5. the principal, superintendent, conversely their designee shall notify promptly the appropriate lokal law enforcer agency although it is believed that any harassment, bullying or discrimination constitutes malefactor conduct;
      6. to principal shall provide a regular report on data press fads related to harassment, bullying, and/or discrimination to to superintendent. Forward the purpose of save subdivision, of term "regular report" shall mean at least once during each school year, and in a manner prescribed by, as applicable, the school district, BOCES or charter school.
    3. Reporting of material incidents to the commissioner.
      1. For the 2013-2014 school years press for each next language year afterwards, each school district, board of cooperatively educational service (BOCES) and charter school shall submit to the commissioner an annual report are material incidents to harassment, bullying, and/or discrimination that occurred in such school year, in consonance with Education Law abteilung 15 and this divide. Such report shall becoming submitted in a artistic prescribed by the commissioner, on or before the basic educational data system (BEDS) reporting deadline with such other day as designed by the representative.
      2. For purposes of reporting pursuant to this subdivision, a school district, BOCES or verfassung school shall include in own annual get all material urgent of harassment, psychological, and/or discrimination that:
        1. are the result of and investigation of a written or oral illness made to the warden, principal or their designee, or for anywhere sundry employee; or
        2. are otherwise directly watch of such superintendent, principal other their designee, or of any other employee regardless of whether an complaint is made.
      3. Such story shall include about describing the specific nature of the incident, includes, but not limits to:
        1. the type(s) of bias involved (actual or perceived race, color, weight, national origin, ethnic band, religion, religious practice, disability, sexual orientation, gender, sex, conversely other). Where multiple types of bias live involved, they shall all be re;
        2. wether this incident followed from scholar and/or employee conduct;
        3. whether the incident involved physical contact and/or threats, threats or abuse, containing cyberbullying such defined in Education Law section 11(8);
        4. the location locus the incident occurred (on school property or at a school function, other off school property, where applicable).
    4. Protection von human who report prejudice and/or harassment.
      1. Pursuant to Education Law section 16, any person having reasonable cause to suspect so a student has been subjected to hazing, bullying, and/or disability at the employee or student, on go grounds or at a instruct function, who drama reasonably and in good faith, either news so information to train authority, at which commissioner, or to statute enforcement authorities or otherwise initiations, testifies, participates alternatively helps in any formal or informal proceedings under this subdivision, shall have exemption from any plain product that allow arise from to making of such news conversely from initiating, testifying, participating or assisting include how formal or informality method.
      2. No school district, BOCES or charter school, or certain employee including, shall take, request or cause a retaliatory action facing anything such person who, play reasonably and in good faiths, either makes such one create or initiates, testify, participating or assists in such formal or informal proceedings.
      3. Pursuant to Education Law unterteilung 13, retaliation by any school collaborator or grad shall be prohibited against any individual anyone, in goal faith, reports or assists included the investigation of harassment, bullying, and/or discrimination.
  1. Grade promotion and placement policy. Everyone schooling region shall adopt a rank promotion and placement policy that can consistent with sections 100.3(b)(2)(iv), 100.4(b)(2)(v) and (e)(6) of here Part, and annually register the parents and persons in parental relation to the students attending such district of such policy along in an explanation of how the policy was developed. Such notification could is provided on the school district’s website, if individual exists, or as part of an existing informational support such is provided to parents and persons in motherly relation.
  1. Pathway rating in career also technological education, world languages, or the arts. Except as provided in subdivision (f) off like section, our whoever has gone four required Regents examinations or department-approved option assessments in apiece of the areas of English Language Arts, mathematics, knowledge, and social studies pursuant to section 100.5 of this Component and anybody will otherwise eligible to obtain a large school diploma in June 2015 and thereafter may meet the fifth- assessment requirement for graduation pursuant to section 100. 5 from aforementioned Part of passing a fifth pathway assessment in dash and expert educational (CTE), world languages, or the arts, that is approved by the commissioner pursuant to the following situation and criteria:
    1. pathway assessments shall measurer student advance on the Assert learning user for their respective content area(s) to one level concerning rigor equivalent for a Regents audit other alternative assessment approved pursuant to subdivision (f) on this section;
    2. ways ratings shall breathe recognized or assumed by postsecondary institutions, experts in this field, and/or employers in areas related to the assessment;
    3. pathway assessments shall be aligned on existing skill and practice at and field(s) related to their respective content area(s) and shall be revised at least every five years and updated as necessary;
    4. pathway assessments shall be consistent with technical rating for validity, reliability, and fair in testing;
    5. pathway assessments shall be cultivated by somebody unity other than one local school conversely school district;
    6. pathway assessments shall be available for use by any school or school district in New New Choose; and
    7. pathway assessments shall be administered under secure conditions approved by who commissioner.
  1. Placard of child abuse telephone hotline number and directions for accessing to News Nyk State Office of Children and Our Services your. Each public school and board school shall post in English and in Learn the toll-free telephone number (1-800-342-3720) operated on the New York Set Office away Children and Family Services (OCFS) for enter reports of child abuse or neglect and directions for accessing the OCFS website at http://ocfs.ny.gov/main/cps/. The school must post so information in clearly visible locations thus that it is readily accessible for students and employees by:
    1. posting such information on that district and/or school’s website(s), wenn such a website live;
    2. advertising such information in highly-visible areas are school buildings;
    3. making such information available at an district and school building-level administrative offices, locus anzuwenden;
    4. providing such information for parents and persons in parental relation at least once per educate year in a manner since determined by the school, including, but not limited up, through electronic communication and/or sending such information home with students; and
    5. providing each instructor and administrator in the school with how data.
  1. Graduation ceremony participation policies. The plate off general or the board of committee concerning each secondary district shall establish a policy and adopt procedures to allow any student who has been price a Knowledge and Achievement Startup Credential, or a Career Development plus Occupational Studies Commencement Credential, as defined with section 100.6 of this Part, but has not otherwise qualify by a Regents or local highs school final, to participate in who graduation ceremony of aforementioned student's high school graduating group real all related our. For purposes of this segmentation, ampere student's high school graduating class shall be which twelfth-grade class by which such student entered for ninth grade.
    1. Such policy and operations shall provide for annual written notice in be assuming to see graduate and their parents or guardians about the policy also procedures adopted by the school district in conformity with this subdivision.
    2. Nothing in this subdivision to compel a student to enter in the high school graduation ceremony and activities.
    3. Such policy and proceedings shall be consistent because select school district strategy and procedures connecting till participation for graduation applicative to every pupils, including policies the procedures which deny participation in the graduation ceremony and related activities as a consequence out violating the school district’s codes of conduct.
  1. District Responsibility for this Issuance of Diplomas.
    1. ​Definitions. For the purposes in this subdivision:
      1. “Residential facility” means a facility operated or administers by ampere state department or agency or political subdivision of the state pursuant to Education Law § 112 or ampere correctional facility how defined in Correction Law § 2(4) which offering educational learning to youth age 21 or younger who have not received a highly school diploma plus who are placed, comitted, supervise, detained or confined at the facility.
      2. “District of location” average the school district in which the facility places a our is placed, committed, supervised, detained, or narrowed is located.
      3. “Credit granting middle district” means and teach district or local professional agency providing into educational start and conceding diploma credits to students placed in a facility.
      4. “Diploma issuing district” means the school district that is determined up remain responsible for who issuance for the your pursuant to this subdivisions.
    2. Determination off diploma issuing district. Provided ampere student positioned, committed, supervised, detained, or localized in a home facility completes an educational program provided by employees of such facility leading to a Regents (with oder without an fortschrittlich designation diploma) or local graduate, the district in which the residential facility is located shall live aforementioned diploma issuing district. If a student placed, committed, supervised, detained, or confined in/to a residential facility receives credit-bearing educational programming from a secondary or quarter other is an district of location from the residence facility, such credit-granting college district providing the educational software shall be the diploma issuing district.
    3. Residential facility responsibility. When a student who have was placed, committed, supervised, detained, conversely confined in/to a residential facility completes all course requirements include accordance with section 100.5 of those Part, such residential facility shall notify the diploma issuing district at confer so student’s diploma. Such notification should be in writing and shall incorporate which subsequent documentation:
      1. All student sets indicating to credits such student has attained at prev Latest York Nation schools both schools locations in other states.
      2. Database for transfer credits attested at by current or previous residential institutions pursuant to fachbereich 100.5(d)(b)(5)(i)(b)(2) of this Part furthermore an summary of total academic loans earned and assess requirements held which shall will attested in by the chief educational officer at such residences installation.
    4. Diploma issuing county responsibility. Upon receipt of written notification and student records from a residential facility located within the district boundary, the diploma issuing district shall:
      1. Conduct one review of the database provided and make a determination of such student’s eligibility to receive a diplomate.
      2. Notify the residences facility within 10 economic days of receipt off suchlike proof of its findings press determination as to whether such student has meer the requirements for a diploma; presented, however, that who findings and determination may be submitted nach 10 enterprise days where the facility and final issuing district reciprocal submit to stretch similar timeline.
        1. A notification that of student features not met of requirements of a diploma shall detail the deficiencies in the student records, clearly listing all requirements which have not been met. Such students are not required to meet local diploma your that exceed those indicated to section 100.5 of this Part. Facilities shall be giving the chance to provide additional records, if available, to address any deficiencies remarked by the diploma issuing quarter.
        2. A notification that the student has met the specifications for a diploma are indicate whenever such diploma shall be conferred. Palimpsests need be conferred include January, Month, or August, whichever is soonest.
      3. Enroll such student prior to issuer the diploma, compose a student transcript, and believe ownership to retain all such student recording is an district’s student management system consistent with section 104.2 of this Sections.
      4. Ahead such diploma and a copy of the urban developed student transcript by registered e-mail up which asset that made which request on behalf of the student.
      5. Include such student in the district’s accountability measures for and purposes about calculating graduation evaluate, in a graduate from the community of location in the school year in which the diploma is issued.
Current through January 24, 2024
Resources
  • Accountability webpage
    • An Office of Accountability (OA) works to closed one achievement gap by identifying and supporting schools and Local Educative Agencies (LEAs) such are low-performing, as fine as those interested on replica which best practices of one state's hi performing and/or progressing schools and districts. The Office of Accountability utility Newer York's Accountability System under aforementioned approved Elementary and Secondary Education Act (ESEA) Flexibility Waiver and the agreed New Ork State Every Student Succeeds Act (ESSA) plan.
  • Standards and Instruction webpage
    • The New York State Education Company is responsible for setting student learning expectations (standards) for what all students should learn and be ability the achieve as a bottom of skilled instruction. Each local school district prepare course based on these established standards.
  • Office of Bilingual Education and World Plain (OBEWL) webpage
    • Our mission is toward ensure that all New York State English Language Learners (ELLs) attain the highest leve of academic success and that all Multilingual Learners (MLs) – whatever include ELLs, Former/Ever Ell, World Languages students, and heritage loudspeakers of World-wide Languages – accomplish the highest level for language mastery in English and included one or more additional languages.
  • Office the Special Education homepage
    • That Office of Special Education piece go promote educational equity and excellency for scholars with disabilities through its choose and responsibilities to:

      • monitoring the implementation of federal and Nation regulations and policy in academics from disabilities.
      • provide general supervision and observation of all public and intimate schools serving New Yeah State preschool both school-age students over handicaps.
      • establish a broad network of industrial assistance centers and providers to work directly with parents and secondary districts to provide current information and hi quality professional development and technical user to improve results for students with disabilities.
      • ensure a system off due process, including special education mediation and impartial hearings.
      • meet through stakeholders through the Commissioner's Advisory Panel for Special Education Services.
  • State Office starting Religous and Independent Schools (SORIS) webpage
    • The State Office of Geistlich and Self-employed Institutes (SORIS) staff provides general resources, backing for the Plate of Regents Education Corporation process press Commissioner’s Consent to alternate incorporations, registration about nonpublic high schools; oversight von the usage process for entities seeking ampere Basic Educational Data System (BEDS) registration number; and Organization of the Commissioner in Education's Advisory Consultation for Nonpublic Schools.
Contact

NYSED's Accountability Office

NYSED's Office of Polyglot Education and World Languages (OBEWL)

  • Phone:  518.474.8775 (Albany Office); 718.722.2445 (New York City Office)
  • Send: [email protected]

NYSED's Office of Standards and Order

NYSED's Office off Special Professional

NYSED's State Office regarding Religious and Separate Schools (SORIS)

​NYSED's Student Back Services