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TERMS 100.19, 100.21 Accountability Restart

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. Paragraphs (1) and (2) of subdivision (m) of section 100.19 of the Regulations of the Commissioner of Education are amended to read as follows:
(1) Notwithstanding any other provision of this section the Commissioner shall not use 2019–2020, [or] 2020–2021, or 2021–2022 school year results to newly identify in the [2021–2022] 2022–2023 school year any schools as struggling, or place any schools under independent receivership [, or remove the designation of any schools as struggling or persistently struggling].
(2) Notwithstanding any other provision of this section, all schools identified as persistently struggling or struggling schools for the 2019–2020 school year shall remain so identified for the 2020–2021 and 2021–2022 school years, and all schools that, pursuant to subdivision (a) of this section, operated under a school district superintendent receiver in the 2019–2020, [and] 2020–2021, and 2021–2022 school years shall continue to operate under a school district superintendent receiver in the [2021–2022] 2022–2023 school year.
2. Paragraph (4) of subdivision (a) of section 100.21 of the Regulations of the Commissioner of Education is amended and a new paragraph (5) is added 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 [2022–2023] 2023-2024 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 using modified procedures as specified in subdivision (n) of this section.
3. 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 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 school year results.
(i) Minimum n size shall mean the minimum number of student results that are included within an accountability subgroup to make an accountability determination on a particular accountability measure. For purposes of this subdivision, the minimum n size is 30 unless otherwise provided. For the Weighted Average Achievement Index and the Core Subject Performance Index, the minimum n size applies to the denominator used to calculate the indices. For English Language Proficiency (ELP); Chronic Absenteeism (CA); and Graduation Rate, the minimum n size applies to the denominator used to calculate the rates. Provided, however, that where the Weighted Average Achievement Index student results for an accountability group are equal to or greater than 30, a Core Subject Performance Index shall be computed for that accountability group so long as there are a minimum of 15 student results for the Core Subject Performance Index and the number of student results for the Core Subject Performance Index equals at least 50 percent of the number of results for the Weighted Average Achievement Index. Provided further that, where the Weighted Average Achievement Index student results for a high school accountability group are equal to or greater than 30, a graduation rate shall be computed for that accountability group so long as there are a minimum of 15 students in the graduation cohort.
(ii) An accountability measure shall mean a measure used for the purpose of implementing the system of accountability for schools and districts in accordance with the provisions of this section and shall include the following measures for elementary/middle schools: (1) Weighted Average Achievement Performance; (2) Core Subject Performance; (3) English Language Proficiency; and (4) Chronic Absenteeism as described in this subdivision. High school accountability measures shall include the four preceding factors as well as Graduation Rate.
(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) for the 2022-2023 school year, using 2021-2022 school year results, the Commissioner shall identify a minimum of five percent of the lowest performing public elementary/middle schools that receive Title I funds for CSI and shall identify schools for CSI based upon the results from the all students subgroup based on the accountability measures described in this subdivision. The Commissioner shall also identify for CSI those public elementary/middle schools that do not receive Title I funds that meet the criteria used to identify Title I schools for CSI. Provided further that a school that had been identified for CSI during the 2021–2022 school year that does not meet the criteria for exiting CSI status pursuant to paragraph (5) of this subdivision shall remain identified for CSI.
(iv) Schools identified for CSI (high schools). The State shall designate high schools for CSI using the following criteria:
(a) for the 2022-2023 school year, using 2021-2022 school year results, the Commissioner shall identify a minimum five percent of the lowest performing public high schools that receive Title I funds for CSI and shall identify schools for CSI based upon the results from the all students subgroup based on the accountability measures described in this subdivision. The Commissioner shall also identify for CSI those public high schools that do not receive Title I funds that meet the criteria used to identify Title I schools for CSI. Any 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 shall be preliminarily identified for CSI. Provided further that a school that had been identified for CSI during the 2021–2022 school year that does not meet the criteria for exiting CSI status pursuant to paragraph (5) of this subdivision shall remain identified for CSI.
(v) A School Identified for Targeted Support and Improvement (TSI) 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.
(vi) Target District shall mean any school district with one or more schools identified for CSI, ATSI, or TSI.
(vii) For high school students, participation rate shall mean the percentage of students in grade 12 during the reporting year who have a valid score on an approved high school assessment. The State assessments that may be used at the secondary level to fulfill the testing requirement for participation in English Language Arts (ELA) and mathematics are Regents examinations in English and Mathematics, approved alternatives to Regents examinations in English and Mathematics, examinations accepted to meet graduation and diploma requirements for students covered under the interstate compact on educational opportunity for military children pursuant to section 100.20 of this Part and the NYSAA for eligible students with disabilities at the secondary level. Provided, however, participation rate shall not include students whose only assessment record 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, however, that participation rate shall also not include students whose only assessment record for a subject was an exemption from the 2019-2020 school year spring administration for the NYSAA.
(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, 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.
(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, 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.
(3) English Language Proficiency Level. For each public elementary/middle school meeting the minimum n-size requirements as defined in paragraph (1) of this section, the Commissioner shall compute an English Language Proficiency Level in accordance with subdivision (f) of this section.
(4) Chronic Absenteeism Level. For each public elementary/middle school meeting the minimum n-size requirement pursuant to paragraph (1) of this subdivision, the Commissioner shall compute a Chronic Absenteeism Level as follows:
(i) The Commissioner shall first compute the school’s Chronic Absenteeism Rate, in accordance with subdivision (f) of this section.
(ii) The Commissioner shall then rank order schools based on their Chronic Absenteeism rate in descending order.
(iii) Each elementary/middle school shall then be assigned a Chronic Absenteeism Level from 1-4 based on such rank ordering using the table below:
Chronic Absenteeism Rate Rank

Chronic Absenteeism Level

10% or Less

1

10.1 to 50%

2

50.1 to 75%

3

Greater than 75%

4

(b) The Commissioner shall first determine which schools in Scenario 1 shall be identified for CSI. If the identification of schools in Scenario 1 results in fewer than five percent of public elementary/middle schools in the state that receive Title I funds being identified for CSI, the Commissioner shall then determine which schools in Scenario 2 shall be identified for CSI. The Commissioner shall continue to make determinations regarding which schools shall be identified for CSI in descending scenario number order until a minimum of five percent of public elementary/middle schools that receive Title I funds shall be identified. Once a minimum of five percent of public elementary/middle schools that receive Title I funds have been identified, schools in a higher numbered scenario shall be removed from preliminary identification.
(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 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) 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) 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 same 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.
(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 in this subdivision based on 2021–2022 school year results shall remain identified for ATSI.
(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 is applicable 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, a Weighted Average Achievement Level shall be assigned 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 was from the 2019-2020 school year spring administration for the NYSAA.
(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, 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.
(3) Graduation Rate. 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, a Graduation Rate Level shall be assigned by the Commissioner.
(i) The Commissioner shall first compute the school’s 2017 four-year, 2016 five-year, and 2015 six-year Graduation Rates, in accordance with subdivision (f) of this section.
(ii) The Commissioner shall then rank order schools based on the unweighted average of the four-year, five-year, and six-year Graduation Rates.
(iii) Each high school shall then be assigned a Graduation Rate Level from 1-4 based on such rank ordering using the table below:
Graduation Rate Rank

Graduation Rate Level

10% or Less

1

10.1 to 50%

2

50.1 to 75%

3

Greater than 75%

4

(4) English Language Proficiency Level. For each public high school meeting the minimum n-size requirements as defined in paragraph (1) of this section, the Commissioner shall compute an English Language Proficiency Level in accordance with subdivision (f) of this section:
(5) Chronic Absenteeism Level. For each public high school whose all students subgroup meets the minimum n-size requirement pursuant to paragraph (1) of this subdivision, the Commissioner shall compute a Chronic Absenteeism Level as follows:
(i) The Commissioner shall first compute the school’s Chronic Absenteeism Rate, in accordance with subdivision (f) of this section.
(ii) The Commissioner shall then rank order schools based on their Chronic Absenteeism rate in descending order.
(iii) Each high school will then be assigned a Chronic Absenteeism Level from 1-4 based on such rank ordering using the table below:
Chronic Absenteeism Rank

Chronic Absenteeism Level

10% or Less

1

10.1 to 50%

2

50.1 to 75%

3

Greater than 75%

4

(b) The Commissioner shall first determine which schools in Scenario 1 shall be identified for CSI. If the identification of schools in Scenario 1 results in fewer than five percent of public high schools in the state that receive Title I funds being identified for CSI, the Commissioner shall then determine which schools in Scenario 2 shall be identified for CSI. The Commissioner shall continue to make determinations regarding which schools shall be identified for CSI in descending scenario number order until a minimum of five percent of public high schools that receive Title I funds shall be identified. Once a minimum of five percent of public high schools that receive Title I funds have been identified, schools in a higher numbered scenario shall be removed from preliminary identification.
(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 based on 2018–2019 school year results 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) 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.
(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 school year results.
(ii) Annual Achievement Progression target shall not be determined using data from the 2021–2022 school year 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 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 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 based on either the Core Subject Performance Index or the Weighted Average Achievement Index as defined in subdivision (f) of this section 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.
(b) For schools identified for TSI, the school is not identified for TSI using the 2021–2022 school year data.
(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 based on the Weighted Average Achievement Index as defined in subdivision (f) of this section 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.
(b) For schools identified for TSI, the school is not identified for TSI using the 2021–2022 school year data.
(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.
(iv) Notwithstanding the provision of paragraph (j)(4) of this section, the Commissioner shall not require that any elementary, middle, or high school that continues to be identified for TSI for three consecutive school years after designation for ATSI for the performance of the same accountability subgroup(s) for which the school was identified for ATSI be preliminarily identified for CSI.
(v) Notwithstanding the provision of subparagraph (j)(6)(ii) of this section, a Target District shall no longer be identified as a Target District if there is no school identified for CSI, ATSI, or TSI in the district.
(6) Identification of schools for public school registration review. Notwithstanding the provisions of subdivisions (k) and (l) of this section, the Commissioner shall neither place any schools under preliminarily registration review or registration review nor place any school into independent receivership based on 2021–2022 school year results.
4. Subdivision (m) of section 100.21 of the Regulations of the Commissioner of Education is amended to read as follows:
[(m)] (o) Notwithstanding the provisions of paragraph (b)(3) of this section, CSI School(s) and school(s) identified as CSI shall hereafter be referred to in this Part as school(s) identified for Comprehensive Support and Improvement (or CSI), ATSI school(s) and school(s) identified as ATSI shall hereafter be referred to in this Part as school(s) identified for Additional Targeted Support and Improvement (or ATSI), TSI School(s) and school(s) identified as TSI shall hereafter be referred to in this Part as school(s) identified for Targeted Support and Improvement (or TSI), and Good Standing School(s) and schools identified as Good Standing shall hereafter be referred to in this Part as school(s) identified for Local Support and Improvement (or LSI).
(p) Severability. If any provision of this section or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this section or the application thereof to other persons and circumstances.