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State refashions middle-level regulations

Feburary 17, 2005


The state Board of Regents has voted to give some schools an opportunity to design an educational program they believe will raise student performance at the middle level.

But district officials should be aware that no changes in middle-level programs can take effect until September, "and only after full consultation with the teachers union and approval by the State Education Department," said Maria Neira, vice president of New York State United Teachers.

"We will be watching this closely to make sure that no district tries jumping the gun," Neira said. "And certainly no school has the authority to eliminate any of the standards, the exploratory programs or the arts."

After three years of discussion, debate and countless rewrites, Regents ultimately agreed that underperforming middle-level schools would have to demonstrate better results on statewide tests by changing their instructional program.

The plan approved by the state's education policy-makers gives districts three models to choose from in designing instructional programs for students in grades 5 through 8:

  • Model A — Most middle-level schools are expected to opt for this model, which essentially continues current regulations and the flexibility they provide, including reducing the unit of study requirements for seventh- and eighth-grade students who need Academic Intervention Services.
  • Model B —Under this model, districts with a high percentage of students needing extra help can seek SED approval for a locally developed plan to strengthen core academic subjects, provide AIS and assure that students continue to receive instruction in exploratory subjects such as technology education.

As an example, SED staff outlined a scenario in which a struggling school might develop a program that integrates exploratory courses into core academics to provide time to double up on math and English and add time for AIS.

  • Model C — Under this option, as many as 75 districts could submit proposals to restructure their middle-level programs — up to 30 for complete restructuring and up to 45 proposing specific program changes.

If their plan is approved under Model C, schools could be exempted from many existing program regulations as long as students have an opportunity to meet all state learning standards in core academic and exploratory courses. This option would not be open to districts with high numbers of students needing extra help.

NYSUT worked hard to have teachers involved in the planning process if a district sought to alter its middle-level program under Model B or C.

Vetting process

Neira noted that under those two models, no district can make changes to the middle-level requirements unless and until SED approves an application that has been vetted through the district's shared decision-making committee.

State regulations require that every district have such a committee and that it include representatives appointed by their local union.

With some district officials demanding "flexibility" in developing middle-level programs, the statewide union worked to assure that any new state plan would not allow districts to scrap exploratory courses such as technology education and home and career skills.

Deputy SED Commissioner James Kadamus pledged "careful monitoring" of applications and district compliance with regulations.

Regardless of how they structure their middle-level program, all districts will have to adhere to basic concepts:

  • They must give all required state assessments plus upcoming grade-by-grade tests mandated under No Child Left Behind.
  • All teachers must be properly certified.
  • Students must receive instruction in all 28 state learning standards.
  • Qualified middle-level students must have access to high school courses, while struggling students must be provided AIS.
  • Plans for Models B and C must include common planning time for teachers.

"We are working closely with our local presidents to assure that no district short-circuits the process," Neira said.

— John Strachan

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