Enacts the "New York educational act for the twenty-first century" to reorganize and revise the state's approach and access to education including, but not limited to, establishing alternative learning environments and services for those experiencing difficulties, early children development programs and academic professional technical programs; partnerships among business, labor and the educational community to develop standards for academic professional technical endorsements and provide on-the-job training and apprenticeships necessary to achieve those standards; ensures that all students can learn when held to rigorous intellectual standards; requires education department to periodically review and revise its current curriculum goals and to issue an annual report; requires each school district to create a "21st century advisory council".
STATE OF NEW YORK
________________________________________________________________________
6801
1999-2000 Regular Sessions
IN ASSEMBLY
March 8, 1999
___________
Introduced by M. of A. BRENNAN, WEISENBERG, GRANNIS, GREENE -- Multi-
Sponsored by -- M. of A. BOYLAND, CLARK, DAVIS, ENGLEBRIGHT, GRIF-
FITH, ORTIZ -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to enacting the New York
educational act for the twenty-first century
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 3 of the education law is amended by adding a new
2 part II to read as follows:
3 PART II
4 EXCELLENCE IN EDUCATION
5 Section 145. Short title.
6 146. Coordination.
7 147. Intent and declaration; objectives.
8 148. Performance.
9 149. Definitions.
10 150. Services; provision; evaluation.
11 151. Review and revision of goals.
12 152. On-site visits.
13 153. School self-evaluation.
14 154. School information system.
15 155. Report card.
16 156. Twenty-first century schools program.
17 157. Funding.
18 158. Twenty-first century schools council.
19 159. Twenty-first century schools advisory committee.
20 160. Programs of choice.
21 161. Early childhood education.
22 162. Early childhood improvement program.
23 163. Developmentally appropriate nongraded primary programs.
24 164. Middle level education.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09579-01-9
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1 165. Certificate of initial mastery.
2 166. Assessment system.
3 167. Certificate of advanced mastery.
4 168. Comprehensive education and training programs.
5 169. Continuing professional development.
6 170. Extended school year.
7 § 145. Short title. This part shall be known, and may be cited as, the
8 "New York educational act for the twenty-first century."
9 § 146. Coordination. The department shall be the coordinating agency
10 for furthering the implementation of this part.
11 § 147. Intent and declaration; objectives. 1. It is believed, and this
12 state affirms, that education is a major civilizing influence on the
13 development of a humane, responsible and informed citizenry, able to
14 adjust to and grow in a rapidly changing world. Students must be encour-
15 aged to learn of their heritage and their place in the global society;
16 these goals are not inconsistent with the goals to be implemented under
17 this part.
18 2. The following purposes and objectives are hereby declared:
19 (a) the state of New York believes that all students can learn when
20 offered appropriate learning opportunities, held to rigorous intellectu-
21 al standards and expected to succeed;
22 (b) access to a quality education must be provided for all of New
23 York's youth regardless of linguistic background, culture, race, gender,
24 capability or geographic location;
25 (c) a restructured educational system is necessary to achieve the
26 state's goals of the best educated citizens in the nation by the year
27 two thousand two and a work force equal to any in the world by the year
28 two thousand twelve;
29 (d) education programs and strategies that can substantiate a claim to
30 the prevention of human and social costs are of highest priority to the
31 state; and
32 (e) the specific objectives of this part are:
33 (i) to achieve educational standards of performance and outcomes that
34 match the highest of any in the world for all students;
35 (ii) to establish the certificates of initial mastery and advanced
36 mastery as new high performance standards for all students;
37 (iii) to establish alternative learning environments and services
38 which offer opportunities for those experiencing difficulties in achiev-
39 ing the knowledge and skills necessary to obtain the certificate of
40 initial mastery;
41 (iv) to establish early childhood programs and academic professional
42 technical programs as part of a comprehensive educational system; and
43 (v) to establish partnerships among business, labor and the educa-
44 tional community in the development of standards for academic profes-
45 sional technical endorsements and provide on-the-job training and
46 apprenticeships necessary to achieve those standards.
47 3. It is the intent of the state to maintain a system of public
48 elementary and secondary schools that has the following characteristics:
49 (a) provides equal and open access and educational opportunities for
50 all students in the state regardless of their linguistic background,
51 culture, race, gender, capability or geographic location;
52 (b) assumes that all students can learn and establishes high, specific
53 skill and knowledge expectations appropriate to the students' assessed
54 learning rates at all instructional levels;
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1 (c) provides special education, compensatory education, linguistically
2 and culturally appropriate education and other specialized programs to
3 all students who need those services;
4 (d) provides students with a solid foundation in the skills of read-
5 ing, writing, problem solving, listening, speaking, critical thinking
6 and communication, across the disciplines;
7 (e) provides opportunities for students to exhibit the capacity to
8 learn, think, reason, retrieve information and work effectively alone
9 and in groups;
10 (f) provides for a high degree of mastery in mathematics and science;
11 (g) provides students with a background in social studies, foreign
12 languages and the humanities to the end that they will function success-
13 fully and tolerantly in a participatory democracy and a multicultural
14 nation and world;
15 (h) provides students with a background in the visual, performing and
16 literary arts as unique forms of communication, expression and cultural
17 knowledge;
18 (i) provides students with the knowledge and skills that will provide
19 the opportunities to succeed in the world of work, as members of fami-
20 lies and as citizens of a participatory democracy;
21 (j) provides students with the knowledge and skills to take responsi-
22 bility for their decisions and to make appropriate choices;
23 (k) provides opportunities for students to learn through a variety of
24 teaching strategies that focus on an individual student's learning
25 profile including, but not limited to, assessed strengths, weaknesses,
26 learning style and interests, with appropriate intervention services;
27 (l) organizes instructional groupings as heterogeneously as possible
28 to promote the attitudes and skills necessary for democratic citizen-
29 ship; and
30 (m) emphasizes involvement of parents and the community in the total
31 education of students.
32 § 148. Performance. It is recognized that students in public elementa-
33 ry and secondary schools can only reach the levels of performance
34 expected under the provisions of this part with parental participation
35 in the education process. It is, therefore, the policy of this state to:
36 1. Require school districts to provide opportunities for parents or
37 guardians to be involved in establishing and implementing educational
38 goals and to participate in decision-making at the school site;
39 2. Expect employers to recognize the need for parents or guardians and
40 members of the community to participate in the education process not
41 only for their own children but for the educational system; and
42 3. Encourage employers to extend appropriate leave to parents or guar-
43 dians to allow greater participation in that process during school
44 hours.
45 § 149. Definitions. As used in this part, unless the context shall
46 indicate otherwise, the following terms shall mean:
47 1. "Families" shall mean a group of individuals related by blood,
48 marriage or adoption, or individuals whose functional relationships are
49 similar to those found in such associations. The family's purpose is the
50 security, support, nurturance, love, transmission of values and facili-
51 tation of each member's growth and development, and is the primary
52 social unit affecting a child's well-being.
53 2. "Services" shall mean education and all other programs and services
54 addressing one or more of a child's six basic needs as follows: stimu-
55 lus, nutrition, health, safety, nurturance and shelter.
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1 3. "Young children" shall mean children zero through eight years of
2 age.
3 4. "Approved program" shall mean an early childhood education program
4 approved by the department.
5 5. "At-risk children" shall mean children who may have difficulty
6 achieving in school and who meet criteria established by the department.
7 6. "Early childhood education" shall mean educational programs that
8 conform to the standards adopted by the department and that are designed
9 for the education and training of children who are at least three years
10 of age but have not passed their ninth birthday, and includes all
11 special educational programs established and operated under this chap-
12 ter.
13 7. "Early childhood improvement program" shall mean those programs
14 meeting the criteria included in section one hundred sixty-two of this
15 part and complying with rules adopted by the department.
16 8. "Extended day services" shall mean programs that serve young chil-
17 dren and operate during hours beyond regular school time.
18 § 150. Services; provision; evaluation. 1. To insure that all educa-
19 tional and other services for young children and their families afford
20 the maximum opportunity possible for the personal success of the child
21 and family members, it is the policy of this state that the following
22 principles for serving children should be observed to the maximum extent
23 possible in all of its educational and other programs serving young
24 children and their families:
25 (a) services for young children and their families should be located
26 as close to the child and family's community as possible, encouraging
27 community support and ownership of such services;
28 (b) services for young children and their families should reflect the
29 importance of integration and diversity to the maximum extent possible
30 in regard to characteristics such as race, economics, sex, creed, capa-
31 bility and cultural differences;
32 (c) services should be designed to support and strengthen the family
33 and be planned in consideration of existing family values, with the
34 primary concern being the welfare of the child;
35 (d) services should be designed to assure continuity of care among
36 care givers in a given day and among service plans from year to year;
37 (e) service systems should be comprehensive in nature with the flexi-
38 bility to identify and address the most urgent needs in a timely manner
39 including health, intervention and support services; and
40 (f) service providers and sources of support should be coordinated and
41 collaborative, to reflect the knowledge that no single system can serve
42 all of the needs of the child and family.
43 2. Education and other programs providing services to children and
44 families shall:
45 (a) evaluate the effectiveness of the program as related to the prin-
46 ciples stated in section one hundred forty-seven of this part in the
47 earliest stages of the budget process;
48 (b) articulate ways in which the program is an effective component of
49 agency and state priorities, goals and strategies or to relevant
50 research and professional standards;
51 (c) establish plans, interagency partnerships, implementation prac-
52 tices and interactions with local and private sectors;
53 (d) utilize the information generated by applicable state advisory
54 groups and by the local planning process in the program assessment of
55 needs and decisions as to service delivery in a given community; and
A. 6801 5
1 (e) identify barriers to improving program capability to serve the
2 needs of young children and related recommendations, if any.
3 3. The processes listed in subdivision two of this section are for the
4 purpose of generating interagency coordination so as to serve to the
5 greatest extent possible young children and their families in a compre-
6 hensive and developmentally appropriate fashion. The information gener-
7 ated by these processes shall be considered as a contribution to subse-
8 quent budget decisions by state and local agencies, the executive
9 department and the legislature.
10 § 151. Review and revision of goals. 1. In order to achieve the goals
11 contained in sections one hundred forty-seven and one hundred forty-
12 eight of this part, the department regularly and periodically shall
13 review and revise its common curriculum goals, including essential
14 learning skills. The common curriculum goals shall reflect the knowledge
15 and skill outcomes necessary for achieving a certificate of initial
16 mastery and a certificate of advanced mastery pursuant to section one
17 hundred forty-seven of this part. The review shall involve teachers and
18 other educators, parents of students and other citizens and shall
19 provide ample opportunity for public comment.
20 2. The first review and adoption of amendments required by this
21 section shall be completed by July first, two thousand one.
22 § 152. On-site visits. 1. To facilitate the attainment and successful
23 implementation of educational standards under sections one hundred
24 forty-seven and one hundred forty-eight of this part, the department or
25 its designee shall assess the effectiveness of each public school
26 district in an on-site visit no less than once every six years. Begin-
27 ning in two thousand three, the on-site visits shall occur no less than
28 once every three years.
29 2. The department shall establish the standards, including standards
30 of accessibility to educational opportunities, upon which the assessment
31 is based.
32 3. On a periodic basis, the board shall review existing standards and,
33 after public hearings and consultation with local school officials,
34 shall adopt by rule a revised set of standards.
35 § 153. School self-evaluation. The department shall require school
36 districts and schools to conduct self-evaluations on a biennial basis.
37 The self-evaluation process shall involve the public in the setting of
38 local goals. The school districts shall insure that representatives from
39 the various demographic groups of their school population are involved
40 in the development of local improvement plans to achieve the goals. At
41 the request of the school district, department staff shall provide ongo-
42 ing technical assistance in the development and implementation of the
43 local improvement plans. Local goals and improvement plans shall be
44 made available to the public. The self-evaluations shall serve as a core
45 component in the successful implementation of standards and shall
46 include a review of demographics, student performance, student access to
47 and utilization of educational opportunities and staff characteristics.
48 However, failure to complete the self-evaluation process shall not
49 constitute grounds for withholding of state moneys.
50 § 154. School information system. 1. To assist school districts and
51 schools in performing the duties described in sections one hundred
52 fifty-two and one hundred fifty-three of this part, the department shall
53 establish a comprehensive statewide school district and school informa-
54 tion system to monitor outcomes, procedures and resources of public
55 education. This system shall provide a measure of the achievement of
A. 6801 6
1 students in the knowledge and skill areas specified in the common
2 curriculum goals adopted by the board.
3 2. The department shall collect data and produce annual school
4 district and school profiles containing information on demographics,
5 student performance in schools, student access to educational opportu-
6 nities and staff characteristics described in this part. In addition,
7 school district profiles shall include a concise budget report of the
8 school district, including revenue and expenditures of the district.
9 3. The department shall notify the public and the media by September
10 thirtieth of each year as to the availability of school district and
11 school profiles at school district and department offices and the proce-
12 dure for obtaining these profiles from school district offices.
13 § 155. Report card. 1. By September thirtieth, two thousand one, and
14 by each September thirtieth thereafter, the commissioner shall issue a
15 New York report card on the state of the public schools and progress
16 toward achieving the goals contained in section one hundred fifty-three
17 of this part.
18 2. The purpose of the annual report on the state of the public schools
19 shall be to monitor trends among school districts and the state's
20 progress toward achieving the goals stated in this part. The report on
21 the state of the public schools shall be designed to:
22 (a) allow educators to determine the success of their own school
23 programs;
24 (b) allow educators to sustain support for reforms demonstrated to be
25 successful;
26 (c) recognize schools for their progress and achievements; and
27 (d) facilitate the use of educational resources and innovations in the
28 most effective manner.
29 3. The report shall contain, but need not be limited to:
30 (a) demographic information on public school children in this state;
31 (b) information pertaining to student achievement, including statewide
32 assessment data, graduation rates and dropout rates, including progress
33 toward achieving the education benchmarks established by the department,
34 with arrangements by minority groupings where applicable;
35 (c) information pertaining to student access to and utilization of
36 educational and support services, including regular education programs,
37 special education, compensatory education, bilingual and English as a
38 second language programs, advanced course work, professional technical
39 training, counseling services, library and media services and transpor-
40 tation and food services;
41 (d) information pertaining to the characteristics of the school and
42 school staff, including assignment of teachers, experience of staff and
43 the proportion of minorities and women represented on the teaching and
44 administrative staff;
45 (e) budget information, including source and disposition of school
46 district operating funds and salary data;
47 (f) available information gathered on a sampling basis, in cooperation
48 with the occupational education division of the department, to monitor
49 high school students in areas such as further education and training and
50 labor market participation;
51 (g) examples of exemplary programs, promising practices or other inno-
52 vations in education developing in this state; and
53 (h) such other information as the department obtains under section one
54 hundred fifty-four of this part.
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1 4. In the second and subsequent years that the report is issued, the
2 report shall include a comparison between the current and previous data
3 and an analysis of trends in public education.
4 § 156. Twenty-first century schools program. 1. In addition to apply-
5 ing for the twenty-first century schools program a school district may
6 submit proposals to:
7 (a) modify laws, rules or policies;
8 (b) establish nongraded school programs for students;
9 (c) extend the school year or teacher and student contact hours for
10 all students in the district or for a specified group of students;
11 (d) integrate health and social services at the school site to meet
12 the comprehensive needs of children and the families in which they live;
13 (e) substantially modify traditional methods of delivering and moni-
14 toring educational services, including but not limited to the elimi-
15 nation of the fifty-five minute class period and graded classrooms and
16 the promotion of such strategies as the use of team teaching, student-
17 to-student mentoring, bilingual tutoring programs and inclusion of
18 special needs population;
19 (f) operate a team, small group model school with a team of teachers
20 remaining with the same students over a period of several years using a
21 variety of teaching techniques and research-based cooperative small
22 groups;
23 (g) develop public school choice plans to give parents, students and
24 teachers more freedom to design and choose among programs with different
25 emphases, both among school districts and within and among schools;
26 (h) restructure programs for students, including, but not limited to,
27 applied academics, youth apprenticeships and other school work models
28 that involve, as a minimum, two-year programs;
29 (i) develop new programs integrating technology into the curriculum,
30 instruction and student assessment;
31 (j) increase parent involvement in decision-making at the school site;
32 and
33 (k) restructure programs for middle level students, including, but not
34 limited to, heterogeneous groups, integrated curriculum and staffing and
35 appropriate teaching strategies.
36 2. A district that applies under this section shall submit a proposal
37 in accordance with rules adopted by the department, including a require-
38 ment that the district form a district site committee composed of repre-
39 sentatives from all affected school buildings.
40 3. A proposal submitted under this section shall be approved by the
41 school district board of trustees and by the duly designated represen-
42 tatives of the teachers in the district.
43 4. Notwithstanding any other provision of law to the contrary, the
44 department shall give preference to applications that involve one or
45 more of the proposals described in subdivision one of this section or
46 other innovative models to meet the goals of this part.
47 § 157. Funding. 1. By two thousand three, in addition to other funds
48 available for the purposes of the twenty-first century schools program
49 and the school improvement and professional development program, an
50 amount equal to one percent of education aid to localities shall be used
51 for the purposes of this part before any other distribution is made. The
52 amount shall be distributed to eligible school districts at the same
53 time and in the same manner as education aid to localities is distrib-
54 uted. The amount distributed to any eligible school district depends on
55 the amount approved in the school district's application.
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1 2. Out of the amount available for distribution under this section, an
2 amount equal to five percent thereof shall be distributed to eligible
3 school districts that demonstrate substantial progress in student
4 performance as a result of changes made, taking into consideration such
5 factors as the socioeconomic characteristics of the student population.
6 The decision to distribute funds under this subdivision shall be made by
7 the department on the advice of the twenty-first century schools advi-
8 sory committee.
9 § 158. Twenty-first century schools council. By September nineteen
10 hundred ninety-nine, each school district with more than one school
11 shall have at least one twenty-first century schools council estab-
12 lished. By September two thousand one, all school districts shall have
13 at least one school site with a twenty-first century schools council.
14 Each school site shall be required to have a twenty-first century
15 schools council not later than September two thousand.
16 § 159. Twenty-first century schools advisory committee. 1. The depart-
17 ment shall appoint a twenty-first century schools advisory committee to
18 propose rules for the submission and approval of grants and programs
19 pursuant to this part.
20 2. (a) The advisory committee shall include teachers, who shall
21 constitute a majority of the fifteen members, shall be representative of
22 the population as a whole and shall include one member from each of the
23 following groups, at least one of whom must be a member of a minority:
24 (i) school administrators;
25 (ii) school board members;
26 (iii) education school faculty;
27 (iv) classified district employees;
28 (v) parents of children currently in prekindergarten through grade
29 twelve of the public school system; and
30 (vi) members of the business and labor community.
31 (b) The board may appoint other citizens as considered appropriate by
32 the board.
33 3. The deadline for applications submitted by districts shall be Janu-
34 ary first preceding the school year for which they are proposed. The
35 department shall review all applications and shall approve or reject
36 them no later than February first preceding the school year for which
37 they are proposed.
38 4. Districts that qualify for twenty-first century schools grants
39 shall receive up to one thousand dollars per year for every full-time
40 equivalent teacher deemed eligible for this program.
41 5. Subject to the funds available, the commissioner shall distribute
42 grants-in-aid to eligible school districts so that at least three-quar-
43 ters of the allocation due to each eligible district is received no
44 later than February first of each fiscal year and the remainder when all
45 required reports are filed with the department. If underpayments or
46 overpayments result, adjustments shall be made in the following year.
47 6. The twenty-first century schools advisory committee shall propose
48 for adoption by the department criteria for selecting distinguished New
49 York educators who possess special skills to assist in schools beginning
50 with the two thousand one--two thousand two school year. The twenty-
51 first century schools advisory committee shall nominate educators to the
52 department, which shall select educators who meet the criteria and who
53 are willing to serve. With the consent of the employing school district,
54 the educator may be assigned to assist the school districts as a member
55 of a department team for a period not to exceed two years while retain-
56 ing all rights to employment, seniority and other benefits in the educa-
A. 6801 9
1 tor's employing school district. During the period of the assignment,
2 the educator or the educator's employing school district shall be
3 compensated by the department.
4 § 160. Programs of choice. The department shall prepare by July first,
5 two thousand one a proposed set of guidelines and models to assist
6 school districts that wish to pursue programs of choice, pursuant to
7 sections one hundred sixty-six and one hundred sixty-seven of this part.
8 The board shall pay particular attention to identifying obstacles that
9 impede choice in terms of laws, rules, state and local policies and
10 practices and transportation considerations. No program of choice under
11 this section shall permit segregation on the basis of race, gender,
12 capability or disabling conditions.
13 § 161. Early childhood education. 1. It is the policy of this state to
14 implement, at the earliest possible time, programs for early childhood
15 education including prenatal care, parenting education, child-parent
16 centers and extended New York prekindergarten programs. By the two
17 thousand two--two thousand three fiscal year budget, funding shall be
18 available for fifty percent of children eligible for New York prekinder-
19 garten programs and, by the two thousand four--two thousand five fiscal
20 year budget, full funding shall be available for all eligible children.
21 The New York prekindergarten program shall continue to be operated in
22 coordination with the federal head start program in order to avoid
23 duplication of services and so as to insure maximum use of resources.
24 2. In consultation with the advisory committee for the New York prek-
25 indergarten program, the department shall develop a long-range plan for
26 serving eligible children and their families and shall report to each
27 regular session of the legislature and the governor on the funds neces-
28 sary to implement the long-range plan, including but not limited to
29 regular programming costs, salary enhancements and program improvement
30 grants. The department shall determine the rate of increase in funding
31 necessary each biennium to provide service to all children eligible for
32 the prekindergarten program by two thousand two.
33 3. The department shall include in its budget requests to the gover-
34 nor, beginning with the two thousand--two thousand one fiscal year budg-
35 et, funds sufficient to implement each phase of the long-range plan.
36 4. Each report shall include but not be limited to estimates of the
37 number of eligible children and families to be served, projected cost of
38 programs and evaluation of the programs.
39 5. When the federal head start program provides funding for programs
40 for eligible children at least at the two thousand--two thousand one per
41 child level, eligibility for state funded prekindergarten programs shall
42 be expanded to include programs for children whose family income exceeds
43 the federal head start limits or who are in an underserved or unserved
44 age category. After determining the increase in income limits or age
45 level that would make children most in need of state programs eligible
46 for them, the department may direct expenditure of any unexpended or
47 unobligated funds appropriated for eligible children to be expended for
48 the additional children considered to be most in need. In the following
49 budget, the state board shall include the cost of any added program for
50 the children most in need in its budget.
51 § 162. Early childhood improvement program. 1. The department shall
52 administer the early childhood improvement program to assist public
53 school districts in providing programs designed to improve educational
54 services for children enrolled in grades kindergarten through three.
55 Programs shall be based on research and proven successful practices in
56 programs such as head start. The department shall evaluate the programs
A. 6801 10
1 which receive grants under this part and report the results of the eval-
2 uation to the legislature.
3 2. The programs shall include the following planned components:
4 (a) Targeted services for at-risk children and families, which may
5 include but are not limited to remedial and alternative academic
6 programs, child care, parent participation and child development
7 services.
8 (b) Efforts to improve the kindergarten through third grade curriculum
9 and educational practices so that they:
10 (i) are consistent with research findings on how children learn;
11 (ii) are sensitive to individual differences such as cultural back-
12 ground and learning styles; and
13 (iii) encourage parent participation. Such efforts may include but are
14 not limited to adopting curricula and training administrators and other
15 staff in early childhood education and child development.
16 (c) Comprehensive education, health care and social services for chil-
17 dren to be provided through interagency agreements among school
18 districts, health care and social services providers.
19 (d) Evaluation of programs by goals set by the district for the
20 program.
21 (e) Planned transition from prekindergarten programs to grades kinder-
22 garten through three.
23 3. In addition to the components listed in subdivision two of this
24 section, early childhood improvement programs may include but are not
25 limited to the following components:
26 (a) extended day services for school age children who need care or
27 enrichment opportunities; and
28 (b) programs designed to improve the adult to child ratios in grades
29 kindergarten through three.
30 4. The district application shall include:
31 (a) plans developed by site committees at the school building level;
32 and
33 (b) demonstrated consistency with the local assessments and plans
34 resulting from juvenile program planning.
35 5. Public school districts or consortia of such districts are eligi-
36 ble to receive funds under this part. Funds shall be available to
37 districts with approved applications on a per child basis for the
38 district's children enrolled in kindergarten through grade three. Funds
39 not allocated shall be prorated to the districts with approved applica-
40 tions not later than the end of the fiscal year for which the allocation
41 is made.
42 6. If the district plan proposes use of innovative instructional mate-
43 rials, the department may waive the use of such instructional materials
44 as might otherwise have been required.
45 7. The commissioner shall appoint an advisory committee composed of
46 public school teachers, district school board members, administrators,
47 social services and health professionals, parents, early childhood
48 specialists and business and community members to assist with the estab-
49 lishment of the rules and program requirements under this section. The
50 advisory committee shall be disbanded on June thirtieth, two thousand
51 one.
52 8. (a) The department shall adopt rules for the establishment of the
53 early childhood improvement program. Rules shall require school
54 districts to include in their applications cooperative efforts with
55 other programs for young children.
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1 (b) The department shall review and approve applications by July first
2 of each year.
3 9. Application approval shall commence on January first, two thousand
4 one, to be approved not later than July first, two thousand one.
5 10. The initial rules to implement this section shall be adopted not
6 later than December thirty-first, two thousand.
7 § 163. Developmentally appropriate nongraded primary programs. 1. By
8 the two thousand one--two thousand two year, the department shall recom-
9 mend models for use by school districts for developmentally appropriate
10 nongraded primary programs for children enrolled in prekindergarten
11 through the primary grades. The models shall be done in consultation
12 with:
13 (a) teachers, parents, administrators and classified school employees
14 from schools and New York prekindergarten programs that currently
15 provide:
16 (i) developmentally appropriate nongraded primary programs;
17 (ii) comprehensive health and social services;
18 (iii) active parent involvement;
19 (iv) extended day services; or
20 (v) staff development programs in developmentally appropriate prac-
21 tices;
22 (b) higher education faculty representatives from the fields of educa-
23 tion, human development and family services; and
24 (c) community college representatives from the field of early child-
25 hood education.
26 2. The department shall report to the two thousand regular session of
27 the legislature on the feasibility of all school districts implementing
28 nongraded primary programs, including strategies for prevention of fail-
29 ure and early intervention for students requiring special assistance.
30 3. Plans for early childhood education shall include a recommended
31 funding formula and implementation process that recognize the need for
32 flexible models to meet local needs and shall include strategies that:
33 (a) reduce the ratio of students to teachers and other trained adults
34 in the classroom;
35 (b) utilize trained classified and other support personnel;
36 (c) coordinate comprehensive health and social services to parents and
37 families;
38 (d) provide preventive and remedial services;
39 (e) provide for extended day services to children either through coor-
40 dination with existing community providers or through school-sponsored
41 programs;
42 (f) improve the curriculum and instructional practices consistent with
43 research;
44 (g) provide materials, supplies and equipment needed to carry out
45 developmentally appropriate programs;
46 (h) provide inservice training in developmentally appropriate prac-
47 tices for staff;
48 (i) encourage parent or guardian participation and education regarding
49 developmentally appropriate practices for young children;
50 (j) recognize the necessity for appropriate physical facilities to
51 carry out the provisions of this subdivision;
52 (k) encourage heterogeneous groupings of students and discourage nega-
53 tive labeling of children's learning levels; and
54 (l) develop nongraded primary models that are culturally and linguis-
55 tically appropriate.
A. 6801 12
1 § 164. Middle level education. The department shall study and develop
2 plans to insure that the school restructuring efforts framed in this
3 part address the unique learning and developmental needs of the middle
4 educational levels between the early childhood education and certificate
5 of initial mastery levels detailed in this part. This shall be done in
6 consultation with teachers, parents and administrators from schools
7 serving middle level students. The department shall report to the legis-
8 lature as to agency plans and legislative considerations needed on the
9 matter.
10 § 165. Certificate of initial mastery. 1. By the end of the two thou-
11 sand five--two thousand six school year, every student shall have the
12 opportunity by sixteen years of age or upon completing grade ten to
13 obtain a certificate of initial mastery.
14 2. The department shall prescribe the standards, pursuant to section
15 one hundred forty-seven of this part, that a student must meet in order
16 to obtain a certificate of initial mastery. The certificate of initial
17 mastery shall be based on a series of performance-based assessments
18 benchmarked to mastery levels at approximately grades three, five, eight
19 and ten including but not limited to work samples, tests and portfolios.
20 Students shall be allowed to collect credentials over a period of years,
21 culminating in a project or exhibition that demonstrates attainment of
22 the required knowledge and skills.
23 3. Requirements for the certificate of initial mastery shall:
24 (a) assure that a student has the knowledge and skills to read, write,
25 problem solve, think critically and communicate across the disciplines,
26 at national levels by the year two thousand four and at international
27 levels by the year two thousand fourteen; and
28 (b) assure that students exhibit the capacity to learn, think, reason,
29 retrieve information and work effectively alone and in groups.
30 4. A certificate of initial mastery shall be required for entry into
31 college preparatory and academic professional technical programs leading
32 to the appropriate endorsement.
33 5. On or before January first, two thousand four, each school district
34 shall present a plan to the department setting forth the steps the
35 district has taken to insure that its curriculum meets the requirements
36 necessary for the students of the district to obtain certificates of
37 initial mastery.
38 6. The provisions of this section may be applied individually as
39 appropriate to students enrolled in a special education program.
40 7. The department shall develop procedures to accommodate out-of-state
41 students, students taught by a parent or private teachers, private
42 school students transferring into public schools and migrant children
43 from other states and countries.
44 § 166. Assessment system. 1. The department shall implement an assess-
45 ment system for all students, including performance based assessment of
46 the knowledge and skills necessary to achieve the standards for each
47 mastery level leading to the certificate of initial mastery. However,
48 until this plan is operational, assessment shall continue at grades
49 three, five, eight and ten.
50 2. The department, by rule shall establish criteria for determining
51 whether students have demonstrated the knowledge and skills necessary to
52 perform successfully at each level in the manner described in section
53 one hundred sixty-five of this part, beginning with the two thousand
54 three--two thousand four school year.
55 3. The resident district shall be accountable for the student's satis-
56 factory progress, as set forth in subdivision four of this section, or
A. 6801 13
1 be responsible for finding alternative learning environments, with the
2 concurrence of the student's parents or guardian.
3 4. If, at any point, a student is not making satisfactory progress
4 toward attainment of the standard at grades three, five, eight and ten,
5 including the certificates of initial mastery and advanced mastery, the
6 school district shall make additional services available to the student,
7 that may include, but need not be limited to:
8 (a) a restructured school day;
9 (b) additional school days;
10 (c) individualized instruction and other alternative instructional
11 practices; and
12 (d) family evaluation and social services, as appropriate.
13 5. If the student to whom additional services have been made available
14 fails to demonstrate the knowledge and skills required at the mastery
15 level within one year after the determination under subdivision two of
16 this section, even though the student would be or is promoted to the
17 next level, the student shall be allowed to transfer to another public
18 school in the district or to a public school in another district that
19 agrees to accept the student. The district that receives the student
20 shall be entitled to payment. The payment shall consist of:
21 (a) an amount equal to the district expenses from its local revenues
22 for each student in average daily attendance, payable by the resident
23 district in the same year; and
24 (b) any state and federal funds the attending district is entitled to
25 receive payable as provided by law.
26 § 167. Certificate of advanced mastery. 1. Beginning with the two
27 thousand five--two thousand six school year, any student who has
28 received a certificate of initial mastery shall be entitled to attend
29 any public educational institution that enrolls the student and provides
30 a program leading to the achievement of a certificate of advanced
31 mastery and a college preparatory or academic professional technical
32 endorsement, or both, and meets the requirements of the department.
33 2. In establishing the requirements for certificates of advanced
34 mastery with endorsements, the department shall facilitate the movement
35 between the endorsements and shall encourage choice and mobility so as
36 to enhance a student's opportunities to maximize exposure to the full
37 range of educational experiences.
38 3. The institution shall be reimbursed for the student's tuition by
39 the district in which the student resides, in an amount not to exceed
40 the student's tuition or the amount the district receives for the
41 student from state funds, whichever is less. A school district shall
42 not receive state funds for the student in an amount that exceeds the
43 student's tuition. Any adult who wishes to pursue an endorsement, or
44 any student having earned the certificate of advanced mastery or who has
45 attained nineteen years of age and who wishes to continue a program, may
46 do so by paying tuition. As used in this section, the term "public
47 educational institution" does not include a public school to which a
48 student has transferred under section one hundred sixty-six of this
49 part.
50 4. A high school diploma issued by an accredited private or out-of-
51 state secondary school as signifying successful completion of grade
52 twelve shall be considered acceptable in lieu of a certificate of
53 advanced mastery for purposes of any rights or privileges that attach to
54 the holder of a certificate of advanced mastery.
55 5. (a) Commencing no later than September, two thousand four each
56 school district shall institute programs that allow students to qualify
A. 6801 14
1 for a certificate of advanced mastery with college preparatory and
2 academic professional technical endorsements. Study may be undertaken
3 in a public school, community college or public professional technical
4 school, or any combination thereof, and must involve at least two years
5 of study or a combination of work and study. The certificate program
6 must include a comprehensive educational component.
7 (b) The student must demonstrate mastery of knowledge and skills on
8 performance based assessments, where possible, using work samples,
9 tests, portfolios or other means. All courses necessary for either
10 endorsement shall be available to students irrespective of their chosen
11 endorsement area.
12 6. A student who has obtained a certificate of initial mastery and who
13 enrolls in a college preparatory program shall be entitled to receive a
14 certificate of advanced mastery with a college preparatory endorsement
15 if the student meets the requirements established by rule of the depart-
16 ment.
17 § 168. Comprehensive education and training programs. 1. The depart-
18 ment shall develop comprehensive education and training programs for
19 two-year to five-year academic professional technical endorsements and
20 associate degrees.
21 2. In addition to the requirements of subdivision one of this section,
22 there may be established a process for industrial certification and a
23 sequence of advanced certification that could be obtained throughout a
24 person's career.
25 3. Work groups, including teachers, community members and represen-
26 tatives of business and labor, may be appointed to offer specialized
27 information concerning knowledge and skill requirements for occupations.
28 4. Not later than January first, two thousand three, no fewer than six
29 broad occupation categories shall be identified, with additional catego-
30 ries to be added in future years. The education and training curriculum
31 and achievement standards for each occupation and trade selected for
32 students to achieve academic professional technical endorsements or
33 associate degrees in the occupational categories selected shall be
34 developed and available for school districts, community colleges and
35 other training sites.
36 5. The curriculum developed for endorsements and associate degrees
37 must include, but need not be limited to, opportunities for structured
38 work experiences, cooperative work and study programs, on-the-job train-
39 ing and apprenticeship programs in addition to other subjects.
40 6. In considering where a student can most effectively and econom-
41 ically obtain the knowledge and skills required for the endorsement or
42 the associate degree, such programs as the job training partnership act
43 programs, apprenticeship programs and any other state or federal job
44 training program may be recommended.
45 § 169. Continuing professional development. By two thousand the
46 department shall develop programs of research, teacher and administrator
47 preparation and continuing professional development that are responsive
48 to the needs of the educational system and related to the goals of this
49 part.
50 § 170. Extended school year. 1. In pursuit of excellence, it is the
51 policy of the state of New York to encourage and evaluate the develop-
52 ment of extended school year programs to meet the objectives of this
53 part. The department shall research the feasibility, including the
54 potential fiscal impact to school districts, of extended school year
55 models being used in the United States and other countries to facilitate
56 the implementation of such programs.
A. 6801 15
1 2. To achieve the goals as set forth in sections one hundred forty-
2 seven and one hundred forty-eight of this part, the department shall
3 lengthen the school year by hours equivalent to one hundred eighty-five
4 days by the two thousand five--two thousand six school year, to two
5 hundred days by the two thousand nine--two thousand ten school year and
6 to two hundred twenty days by the two thousand eighteen--two thousand
7 nineteen school year with adequate days available for staff development,
8 home visits, parent or student conferences, or both, and other activ-
9 ities to insure the educational development of students, subject to
10 review by the legislature and subject to implementation of this part.
11 § 2. This act shall take effect July 1, 2000.
