AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 101, 112, 207, 210, 215, 305, 309, and 3713 of the Education Law and the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq. (Public Law 114-95, 129 STAT. 1802).

1. Paragraph (1) of subdivision (m) of section 100.19 of the Regulations of the Commissioner of Education is amended to read as follows:

(1) Notwithstanding any other provision of this section the Commissioner shall not use 2019–2020, 2020–2021, [or] 2021–2022, 2022-2023, or 2023-2024 school year results to newly identify in the 2021–2022, 2022–2023, 2023–2024, and 2024–2025 school [year] years any schools as struggling, [or place any schools under independent receivership].

2. Paragraphs (2) and (3) of subdivision (m) of section 100.19 of the Regulations of the Commissioner of Education are renumbered paragraphs (3) and (4) and a new paragraph (2) is added to read as follows:

(2) Notwithstanding any other provision of this section the Commissioner shall not use 2019–2020, 2020–2021, or 2021–2022 school year results to place any schools under independent receivership in the 2022-2023 school year or any subsequent school year. Beginning with the 2022–2023 school year results, the Commissioner may place any schools under independent receivership in the subsequent school year.

3. Paragraphs (4) and (5) of subdivision (a) of section 100.21 of the Regulations of the Commissioner of Education is amended to read as follows:

(4) Notwithstanding any other provision of this section, the Commissioner may, upon a finding of good cause, modify for the 2019–2020 through [2023–2024] 2025–2026 school years any timelines pertaining to notifications, plans, reports, or implementation of activities required by this section.

(5) Notwithstanding the provisions of this section, the Commissioner shall conduct the review of school and district performance for the 2022–2023 school year based on 2021–2022 school year [data] results, for the 2023–2024 school year based on 2022–2023 school year results, and for the 2024–2025 school year based on the 2023–2024 school year results using modified procedures as specified in subdivision (n) of this section.         

4. Subdivision (n) of section 100.21 of the Regulations of the Commissioner of Education is amended to read as follows:

(n) Accountability system for schools and districts based on 2021–2022, 2022–2023, and 2023–2024 school year results.

(1) Definitions. Notwithstanding the provisions of subdivision (b) of this section, the following definitions shall be used by the Commissioner to review school and district performance based on 2021–2022, 2022–2023, and 2023–2024 school year results.

(i)…

(ii)…

(iii) Schools identified for comprehensive support and improvement (CSI) (elementary and middle schools). The State shall designate elementary/middle schools for CSI using the following criteria:

(a) ...

(b) For the 2023–2024 and 2024–2025 school years, the Commissioner shall not newly identify schools for CSI and will resume CSI identifications in the 2025–2026 school year based on 2024–2025 school year results.

(iv) Schools identified for CSI (high schools). The State shall designate high schools for CSI using the following criteria:

(a)…

(b) For the 2023–2024 and 2024–2025 school years, the Commissioner shall not newly identify schools for CSI and will resume CSI identifications in the 2025–2026 school year based on 2024–2025 school year results.

(v) [A School Identified for Targets Support and Improvement] Schools identified for targeted support and improvement (TSI) (elementary, middle, and high schools) shall mean a school with one or more consistently underperforming accountability subgroups based on the accountability measures described in this subdivision. In addition, a school identified for TSI based upon 2018[-]–2019 school year results with any accountability subgroup that meets the same scenario criteria used to identify schools for CSI pursuant to paragraph (2) of this subdivision based upon 2021[-]–2022 school year results and that failed to meet the modified criteria for exiting identification status in this subdivision shall be identified for additional targeted support and improvement (ATSI). Schools identified for TSI based upon 2017[-]–2018 school year results for which the identified subgroup(s) failed to meet the modified criteria for exiting ATSI status in this subdivision based on 2021[-]–2022 school year results shall remain identified for ATSI.

(a) For the 2023–2024 and 2024–2025 school years, the Commissioner shall not identify schools for ATSI, and will resume ATSI identifications in the 2025–2026 school year based on 2024–2025 school year results.

(vi) Target District shall mean any school district with one or more schools identified for CSI, ATSI, or TSI. A Target District shall also mean any district whose district-wide performance levels would cause a subgroup to meet the scenario in the decision table to be identified for CSI, ATSI or TSI pursuant to the provisions of this section.

(vii)…

(viii) Out-of-school suspension rate shall mean the number of students who were suspended from school (not including in-school suspensions) for one full day or longer anytime during the school year divided by the number of students enrolled on BEDS Day of that school year. Suspension data shall not be evaluated for accountability purposes for the 2023–2024 and 2024–2025 school years.

(ix) Performance levels shall mean for accountability determinations regarding comprehensive support and improvement schools, targeted support and improvement schools, and target districts made commencing with the 2022–2023 school year assessment results at the secondary level, as follows:

 (a) Level 1 - basic:

(1) a score of Accountability Level 1 on a Regents examination in ELA, Mathematics, Science, or Social Studies;

(2) a score of Level 1 on the New York State Alternate Assessment in ELA, Mathematics, or Science at the secondary level;

(3) a failing score on a Regents alternative examination in ELA, Mathematics, Science, or Social Studies; or

(4) a cohort member who has not been tested on any of the assessments in subclause (1) through (3) of this clause.

(b) Level 2 (basic proficient):

(1) a score of Accountability Level 2 on a Regents examination in ELA, Mathematics, Science, or Social Studies; or

(2) a score of Level 2 on the New York State Alternate Assessment in ELA, Mathematics, or Science at the secondary level.

(c) Level 3 (proficient):

(1) a score of Accountability Level 3 on a Regents examination in ELA, Mathematics, Science, or Social Studies;

(2) a score of Level 3 on the New York State Alternate Assessment in ELA, Mathematics, or Science at the secondary level;

(3) a passing score on a State-approved alternative examination to a Regents examination in ELA, Mathematics, Science, or Social Studies; or

(4) any alternative examination to a Regents examination in ELA, Mathematics, Science, or Social Studies accepted by the State for students covered under the interstate compact on educational opportunity for military children pursuant to subdivision (c) of section 100.20 of this Part.

(d) Level 4 (advanced):

(1) a score of Accountability Level 4 on a Regents examination in ELA, Mathematics, Science, or Social Studies;

(2) the highest score on a State-approved alternative examination to a Regents examination in ELA, Mathematics, Science, or Social Studies; or

(3) a score of Level 4 on the New York State Alternate Assessment in ELA, Mathematics, or Science at the secondary level.

(2) Accountability system for elementary/middle schools.

(i) Identification of elementary/middle schools for CSI.

(a) An elementary/middle school shall be preliminarily identified for CSI using the following decision table, which combines the following measures of student performance for the all students subgroup in the school: (1) Weighted Average Achievement Performance; (2) Core Subject Performance; (3) English Language Proficiency; and (4) Chronic Absenteeism. A school shall be preliminarily identified for CSI if one or more of the scenarios in the decision table is applicable to the school; provided that in order to be preliminarily identified using the decision table below, a performance level must be assigned at a minimum to the Weighted Average Achievement Performance measure and one or more of the following measures: Core Subject Performance, English Language Proficiency, and/or Chronic Absenteeism.

Decision Table for Identification of Comprehensive Support and Improvement Elementary/Middle Schools

 

Scenarios 

Weighted 

Core 

ELP 

Chronic Absenteeism 

1 

Both Level 1 

Any Level (None*, 1-4) 

Any Level (None*, 1-4) 

2 

Level 2 

Level 1 

Both NOT Level 3 or 4 **

3 

Level 1 

None 

Both NOT Level 3 or 4 **

4 

Level 1 

Level 2 

Both NOT Level 3 or 4 **

5 

Level 3 

Level 1 

Both NOT Level 3 or 4 **

6 

Level 1 

Level 3 

Both NOT Level 3 or 4 **

 

*”None” means the school does not have enough students (30 results) to assign an accountability level for the indicator.

**To be identified, the Weighted and Core conditions in scenarios 2-6 would have to be met AND both ELP and CA cannot be Level 3 or 4.

 

          (1) Weighted Average Achievement Level. For each public elementary/middle school whose all students subgroup meets the minimum n-size requirements as defined in paragraph (1) of this subdivision:

(i) for the 2021–2022 school year results, a Weighted Average Achievement Level using the results of ELA and mathematics assessments in grades 3–8 and science assessments for grades 4 and 8 shall be computed by the Commissioner in accordance with the provisions of subdivision (f) of this section.

(ii) for the 2022–2023 and 2023–2024 school year results, a Weighted Average Achievement Level using the results of ELA and mathematics assessments in grades 3–8 shall be computed by the Commissioner.

(2) Core Subject Performance Level. For each public elementary/middle school whose all students subgroup meets the minimum n-size requirements as defined in paragraph (1) of this subdivision:

(i) for the 20221–2022 school year results, a Core Subject Performance Level using the results of ELA and mathematics assessments in grades 3–8 and science assessments for grades 4 and 8 shall be computed by the Commissioner in accordance with the provisions of subdivision (f) of this section.

(ii) for the 2022–2023 and 2023–2024 school year results, a Core Subject Performance Level using the results of ELA and mathematics assessments in grades 3–8 shall be computed by the Commissioner.

(3)…

(4)…

(b)…

(c) in the 2023–2024 school year based on 2022–2023 school year results and in the 2024–2025 school year based on 2023–2024 school year results, a threshold on the decision table shall be determined by progressing through the scenarios until a minimum of five percent of the lowest performing elementary/middle schools meet the criteria for identification to determine the list of schools that meet exit criteria in accordance with the provisions of paragraph (5) of this subdivision. The Commissioner shall not identify schools for CSI at the elementary/middle level in the 2023–2024 school year based on 2022–2023 school year results or in the 2024–2025 school year based on 2023–2024 school year results.

(ii) Identification of Elementary/Middle Schools for Targeted Support and Improvement (TSI). An elementary/middle school shall be preliminarily identified for TSI if an accountability subgroup met the criteria for identification [based on 2018–2019 school year results] for two consecutive years between the 2021–2022 and 2023–2024 school years and that same subgroup meets a scenario using the decision table in subparagraph (i) of this paragraph, provided that only Scenario 1 and any other scenarios with numbers that are lower than the highest numbered scenario for which a school was identified for CSI shall be used to identify schools for TSI.

(a) For the identification of schools for TSI based on 2021–2022 school year results, the consecutive years will be based on 2018–2019 and 2021–2022 school year results.

(b) The designations of schools for TSI shall be based on the performance of accountability subgroups, as defined in paragraph (1) of subdivision (b) of this section and shall not include the performance of the all students subgroup; provided that, in order to be preliminarily identified using the decision table in subparagraph (i) of this paragraph, a performance level must be assigned to, at a minimum, the Weighted Average Achievement measure and one or more of the following measures: Core Subject Performance, English Language Proficiency, and/or Chronic Absenteeism. 

(iii) Identification of elementary/middle schools for Additional Targeted Support and Improvement (ATSI). 

(a) …

(b) ...

(c) The Commissioner shall not identify elementary/middle schools for ATSI in the 2023–2024 school year based on 2022–2023 school year results or in the 2024–2025 school years based on 2023–2024 school year results.

(3) Accountability system for high schools. 

(i) Identification of high schools for CSI.

(a) A high school shall be preliminarily identified for CSI using the following decision table, which combines multiple measures of performance for the all students subgroup in the school, as defined in paragraph (1) of subdivision (b) of this section, using the following accountability measures: (1) Weighted Average Achievement Performance; (2) Graduation Rate; (3) Core Subject Performance (4) English Language Proficiency; and (5) Chronic Absenteeism; provided that in order to be preliminarily identified using the decision table below a performance level must be assigned to, at a minimum, the Weighted Average Achievement Performance and Graduation Rate measures and one or more of the following measures: Core Subject Performance, English Language Proficiency, and/or Chronic Absenteeism. A school shall be preliminarily identified for CSI if one or more of the scenarios in the decision table applies to the school. Provided, however, that notwithstanding the table below, any public high school with a 2017 Four-Year Graduation Rate below 67 percent and a 2016 Five-Year or 2015 Six-Year Graduation Rate that is not at or above 67 percent will be preliminarily identified for CSI. 

Decision Table for Identification of Comprehensive Support and Improvement for High Schools

Scenarios

Weighted

Core

Grad Rate

ELP

Chronic Absenteeism

1

Both Level 1

Level 1

Any Level (None*, 1-4)

2

Level 2

Level 1

Level 1

Both NOT Level 3 or 4**

3

Level 1

None

Level 1

Both NOT Level 3 or 4**

4

Level 1

Level 2

Level 1

Both NOT Level 3 or 4**

5

Level 1

Level 1

Level 2

Both NOT Level 3 or 4**

6

Level 1

Level 2

Level 2

Both NOT Level 3 or 4**

7

Level 2

Level 1

Level 2

Both NOT Level 3 or 4**

 

 

 

 

 

 

*”None” means the school does not have enough students (30 results) to assign an accountability level for the indicator. 

**To be identified, the Weighted and Core conditions in scenarios 2-7 would have to be met AND both ELP and CA cannot be Level 3 or 4.

 

          (1) Weighted Average Achievement Level. For each public high school whose all students subgroup meets the minimum n-size requirements as defined in paragraph (1) of subdivision (b) of this section:

(i) For the 2021–2022 school year results, a Weighted Average Achievement Level shall be computed by the Commissioner in the same manner as the Composite Performance Level is assigned in accordance with the provisions of subdivision (f) of this section. Notwithstanding the provisions of this subclause, Weighted Average Achievement Index shall not include students whose only assessment record for a subject was an exemption from the 2019[-]–2020 school year spring administration for a Regents examination or approved alternative pursuant to section 100.5(a)(5) of this Part. Provided further that Weighted Average Achievement shall also not include students whose only assessment record was an exemption for a subject from the 2019[-]–2020 school year spring administration for the NYSAA. 

          (ii) For the 2022–2023 and 2023–2024 school year results, a Weighted Average Achievement Index using only the results of ELA, mathematics, and science assessments shall be computed by the Commissioner. The State assessments that may be used at the high school level are New York State Regents examinations in ELA, mathematics, and science, approved alternatives to Regents examinations in ELA, mathematics, and science, and the New York State Alternate Assessment (NYSAA) for eligible students with disabilities at the secondary level.

          (2) Core Subject Performance Level. For each public high school whose all students subgroup meets the minimum n-size requirements as defined in paragraph (1) of subdivision (b) of this section:

(i) for the 2021–2022 school year results, a Core Subject Performance Level shall be assigned by the Commissioner using the same methodology used to assign a Weighted Average Achievement Level, except that the denominator for computing the Core Subject Performance Index in each subject shall be the members of the accountability cohort who have a valid score on an accountability assessment in the subject.

          (ii) for the 2022–2023 and 2023–2024 school year results, a Core Subject Performance Level using only the results of ELA, mathematics, and science assessments shall be computed by the Commissioner. The State assessments that may be used at the high school level are New York State Regents examinations in ELA, mathematics, and science, approved alternatives to Regents examinations in ELA, mathematics, and science, and the New York State Alternate Assessment (NYSAA) for eligible students with disabilities at the secondary level.

          (3)…

(4)...

(5)…

          (b)…

          (c) In the 2023–2024 school year based on 2022–2023 school year results and in the 2024–2025 school year based on 2023–2024 school year results, a threshold on the scenario tables shall be determined by progressing through the scenarios until a minimum of five percent of the lowest performing high schools meet the criteria for identification to determine the list of schools that meet exit criteria in accordance with the provisions of paragraph (5) of this subdivision. The Commissioner shall not identify schools for CSI in the 2023–2024 and the 2024–2025 school years.

(ii) Identification of high schools for TSI.

(a) A high school shall be preliminarily identified for TSI if an accountability subgroup met the criteria for identification for [based on 2018–2019 school year results] two consecutive years between the 2021–2022 and 2023–2024 school years and that same subgroup meets a scenario using the decision table in subparagraph (i) of this paragraph, provided that only Scenario 1 and any other scenarios with numbers that are lower than the highest numbered scenario for which a school was identified for CSI shall be used to identify schools for TSI.

(b) For the identification of schools for TSI based on 2021–2022 school year results, the consecutive years will be 2018–2019 and 2021–2022 school year results.

 (c) The designation of schools for TSI shall be based on the performance of accountability subgroups, as defined in paragraph (1) of subdivision (b) of this section and shall not include the performance of the all students subgroup; provided that, in order to be preliminarily identified using the decision table in subparagraph (i) of this paragraph, a performance level must be assigned to, at a minimum, the Weighted Average Achievement measure and Graduation Rate measures and one or more of the following measures: Core Subject Performance, English Language Proficiency, and/or Chronic Absenteeism.

(iii) Identification of high schools for ATSI. 

(a) The Commissioner shall identify for ATSI any school identified for TSI in the 2019[-]–2020 school year based upon 2018[-]–2019 school year results for which the identified subgroup meets the same scenario criteria used to identify schools for CSI pursuant to paragraph (2) of this subdivision and that failed to meet the modified criteria for exiting identification status pursuant to paragraph (5) of this subdivision. The Commissioner shall not identify schools for ATSI at the high school level in the 2023–2024 school year based on 2022–2023 school year results and the 2024–2025 school year based on 2023–2024 school year results. 

(b) Notwithstanding clause (a) of this subparagraph, schools identified for TSI based on 2017[-]–2018 school year results for which the identified subgroup(s) failed to meet the modified criteria for exiting ATSI status based on 2021–2022 school year results shall remain identified for ATSI.

(4) Interventions. Notwithstanding the provisions of subdivision (i) of this section, interventions in schools identified for CSI, ATSI, and TSI and interventions in Target Districts shall be modified as follows:

(i) Any school with any accountability measure of Level 1 for any subgroup, as calculated pursuant to subdivision (f) of this section, that is not a school identified for CSI, ATSI, or TSI, shall not require a needs assessment based on Level 1 identifications using 2021–2022, 2022–2023, or 2023–2024 school year results. 

(ii) Annual Achievement Progression target shall not be determined using [data] results from the 2021–2022, 2022–2023, or 2023–2024 school years for schools identified for CSI. 

(iii) Participation rate self-assessments and participation rate improvement plans shall not be required for any school based on 2021–2022, 2022–2023, or 2023–2024 school year results.

(5) Removal from accountability designation. Notwithstanding the provisions of subdivision (j) of this section, the Commissioner shall use the following procedures to exit schools from identification for CSI, ATSI, TSI, and from Target District status based on 2021–2022, 2022–2023, or 2023–2024 school year results.

(i) For elementary/middle schools:

(a) For schools identified for CSI or ATSI, an increase between the school’s performance in the 2021–2022 year compared to the 2017–2018 school year, or the 2022–2023 year compared to the 2021–2022 school year, based on either the Core Subject Performance Index or the Weighted Average Achievement Index for the identified subgroup. Provided, however, that an elementary/middle school may not exit CSI or ATSI status if the school is identified for CSI or ATSI using 2021–2022 school year [data]results or meets the CSI identification criteria in the 2023–2024 school year based on 2022-2023 school year results.

(b) Beginning with the 2023–2024 school year results, a school identified for CSI and ATSI may exit status if there is an increase in performance for two consecutive years on either the Core Subject Performance Index or the Weighted Average Achievement Index. Provided, however, that an elementary/middle school may not exit CSI or ATSI status if the school meets the criteria for identification as CSI or ATSI.

(c) For schools identified for TSI, the school is not identified for TSI using the 2021–2022 or 2022–2023 school year [data] results.

(d) Beginning with the 2023–2024 school year results, a school identified for TSI may exit status if the school does not meet the TSI criteria for two consecutive years.

(ii) For high schools:

(a) For schools identified for CSI or ATSI, an increase between the school’s performance in the 2021–2022 school year compared to the 2017–2018 school year, or the 2023–2024 year compared to the 2021–2022 school year, based on the Weighted Average Achievement Index or the unweighted average of the Four-Year, Five-Year, and Six-Year Graduation Rates computed pursuant to clause (f)(2)(i)(b) of this section for the identified subgroup. Provided, however, that a high school may not exit CSI or ATSI status if the school is identified for CSI or ATSI using 2021–2022 school year [data] results or meets the CSI or ATSI identification criteria in the 2023–2024 school year based on 2022–2023 school year results.

(b) Beginning with the 2023–2024 school year results, a school identified for CSI and ATSI may exit status if there is an increase in performance for two consecutive years on either the Weighted Average Achievement Index or the Core Subject Performance Index, or if the unweighted average of the Four-Year, Five-Year, and Six-Year Graduation Rates is higher than the Graduation Rate at the time of identification for two consecutive years. For schools identified for CSI for having Graduation Rate less than 67%, the school must have a Graduation Rate at or above 67% for two consecutive years to exit CSI status. Provided, however, that a high school may not exit CSI or ATSI status if the school meets the criteria for identification as CSI or ATSI.

(c) For schools identified for TSI, the school is not identified for TSI using the 2021–2022 or 2022–2023 school year [data] results.

(d) Beginning with the 2023–2024 school year results, a school identified for TSI may exit status if the school does not meet the TSI criteria for two consecutive years. 

(iii) Notwithstanding the provision of paragraph (j)(4) of this section, the Commissioner shall not preliminarily identify schools identified for CSI that were identified for three consecutive school years as struggling schools, subject to the provisions of section 100.19(m) of this Part. The Commissioner shall not identify any schools as struggling schools until the 2024–2025 school year results.

(iv)…

(v)…

(6)…