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Strategy to Implement the Regents Policy on Middle-Level Education
INFORMATION BULLETIN

March 2005

No. 200511
Updates and Replaces No. 200206
Background
Model A
Model B
Model C
SED support for Model B and C
Graph: Which Schools are eligible?
Advice to local leaders
Kadamus letter
Links



In February 2005, the New York State Board of Regents approved a New York State Education Department (SED) proposal for a set of strategies that change the way middle-level programs can be implemented. School districts can submit to SED applications for changes in middle-level education programs. SED intends to present emergency middle-level regulations to the Regents at the April 2005 meeting for changes that will take effect September 2005. The strategies include three models of implementation: A, B, and C. The current requirements continue to be in effect for all schools and districts until an application for either Model B or Models C#1 and C#2 is appropriately developed by the school district and approved by the State Education Department.

The three-model strategy does NOT mean that middle-level schools can eliminate instruction in a standards area.  Rather, it means a school submitting a Model B or Model C application must document alternative strategies that ensure students receive instruction in all of the State's 28 learning standards, including those in the non-tested areas.  Applications may seek relief from time requirements, but not from instruction in the standards areas.   Examples of alternative ways to meet the standards include integrating instruction with other standards areas, team teaching across subject areas, mini-courses, etc.

This Information Bulletin contains:

•  A description with background and highlights of the SED strategies to implement the Regents policy on middle-level education
•  A chart describing Models A, B and C
•  Advice to Local Leaders
•  Clarification of the Regents policy from James Kadamus, SED Deputy Commissioner

and links to:

•  The Regents Policy Statement on Middle-Level Education and the Strategy to Implement the Policy
•  NYSUT Information Bulletin No. 200202 on Experimental Middle or Intermediate Schools
•  Commissioner's Regulations 100.3 and 100.4; and
•  Commissioner's Regulations 100.11 (Shared Decision-Making)
•  NYSUT Research Bulletin website which will provide a link to:
•  The Essential Elements of Standards-Focused Middle-Level Schools and Programs


Background

In 2003 the Regents approved a policy statement on middle-level education that revised their1989 middle level document. Since that time, the Regents have reviewed several iterations of State developed strategies for implementing the middle level policy. On February 8, 2005 the Board of Regents approved a set of strategies that change the way middle-level programs can be implemented. The strategies include three models of implementation: A, B, and C. Models B and C require application and approval of program changes. These program changes could take effect in September 2005 . No school/district can make changes in the middle level requirements unless and until the State Education Department (SED) approves an application for Models B or C.

A Series of Three Models

The State developed the three model system as a response from school districts for more local flexibility and to ensure that all students are prepared to make the transition to ninth grade, both academically and personally. The models target both positive youth development and the improvement of student performance.

The three models in the series are:

•  Model A (Comply with Existing Regulations): The district would continue to comply with the current regulations, making full use of the existing flexibility provisions in the regulations.

•  Model B (Strengthen the Academic Core): The district would be able to propose a program that strengthens core academic subjects and effective academic intervention services, and provides all students with exploratory subjects that address the learning standards, are of high interest to students and further reinforce core academic learning.

•  Model C (Build on Success: Develop Next Generation Schools/Programs): The district would be able to propose new ideas for structuring the full educational program (Model C#1) or specific program refinements (Model C#2) and be granted relief from programmatic regulatory requirements, while ensuring that all students receive opportunities to achieve all of the State learning standards.

Shared Decision-Making:

For both Models B and C, a district must submit with its application a report from the district's shared decision-making team (Commissioner's Regulations 100.11), or in New York City the school leadership team, that provides evidence that consultation took place at the district and building levels and identifies any concerns expressed by constituents.

The district shared decision-making team consists of teachers selected by the teachers' collective bargaining organization, parents, administrators and school board members. A role of the shared decision-making team is to improve the educational performance of all student in the school, regardless of socioeconomic status, race, sex, language, background or disability.

Highlights of the Strategies:

•  Commissioner's Regulations 100.3 and 100.4 must be followed unless a school receives approval for regulatory relief in Models B & C.

•  Schools must employ teaching staff that are properly certified to teach assigned subjects/classes. Students at risk of not meeting State standards on the mandated assessments must receive timely and targeted academic intervention services.

•  Students must receive instruction in all of the State's 28 learning standards (with instruction in English language arts, mathematics, social studies, science, and physical education occurring each year in each of the middle grades). There is no call for or permission given to eliminate programs.

•  Students must be provided opportunities for taking high school courses (acceleration).

•  Districts must collaborate with teacher education institutions to ensure new teachers have the appropriate knowledge and skills to address the academic and personal development needs of young adolescents.

•  Professional development for teachers must be provided as prescribed in Section 100.2 of the Commissioner's Regulations. Model B schools must focus on literacy and numeracy across the curriculum.


Model A

Under Model A, districts/schools would continue to ensure all students achieve the intermediate level State learning standards by the end of grade 8, to offer an instructional program in grades 5 – 8 as specified in Commissioner's Regulations 100.3 and 100.4, and to provide instruction by qualified teachers. Model A allows districts to make full use of existing flexibility provisions in Commissioner's Regulations ;

Existing Flexibility in Regulations:

•  Public school districts may commence language other than English instruction at any grade level prior to grade eight, but shall do so no later than the beginning of grade eight so that students are provided the required two units of study by the end of grade nine.

•  Unit of study requirements for one or more subjects in grades 7 and 8 may be reduced but not eliminated for students determined to need academic intervention services.

•  A student may meet the required half unit of study in music by participation in a school's band, chorus, or orchestra

•  The half unit of study requirement for health education may be provided in grade six, provided that in public schools such subject shall be taught by teachers certified in health education.

•  The requirements for technology education, home and career skills and library and information skills may be met by the integration of State learning standards into other courses.

•  In public schools, the subjects of technology education and home and career skills shall be taught by persons certified to teach those subjects.

•  In public schools, library and information skills shall be taught by library media specialists and classroom teachers to ensure coordination and integration of library instruction with classroom instruction

•  The unit of study requirements for technology education and/or home and career skills may be initiated in grade six, provided that in public schools such subjects shall be taught by teachers certified in those areas.

Experimental Middle School:

Also under Model A, the Board of Regents will reinstitute Section 80-5.12 of the Commissioner's Regulations which provide flexibility in making teaching assignments for schools that propose an experiment in organizational change in the middle grades. Approval of applications for this flexibility would be contingent upon those teachers that are affected being required to pursue and complete a certification extension to teach at another grade level in a middle school within three years. Further, a statement of continuing eligibility would be made available for teachers who had provided instruction under a previously approved experimental middle school program, essentially grandfathering anyone who has been serving an experimental middle school program. (A revised Information Bulletin on Experimental Middle Schools will be completed in spring 2005).

Extension of Teacher Certification:

•  Teachers holding a certificate in elementary education may extend the certificate to include grades 7 – 9.

- Requires 30 credit hours in the subject to be taught and 6 credit hours in adolescent behavior.

•  Teachers holding a certificate in one of the secondary academic subjects may extend the certificate to include grades 5 – 6.

- Requires 6 credit hours in adolescent behavior.

The extensions are limited to certification only. Tenure and seniority must be addressed separately.


Model B

Model B reinforces the importance of student learning in English language arts, science, mathematics, social studies, art and music, physical education and the exploratories (technology education, health, home and career skills, languages other than English, career development and occupational studies and library and information skills).

•  Formal a pplication from the district to the State Education Department is required.

•  The superintendent(s) and board(s) of education must sign off on the application.

•  In New York City , an application for an existing school would be developed by the Regional Superintendent, be approved by the Chancellor of the New York City Department of Education, and submitted by the Chancellor to the State Education Department.

•  A district must submit with its application a report from the district's shared decision-making team, or in New York City the school leadership team, that provides evidence that consultation took place at the district and building levels and identifies any concerns expressed by constituents.

•  Only applications from districts will be considered; applications submitted by individual schools will not be accepted.

•  Approval of regulatory relief is based upon the State Education Department's acceptance of the measurable indicators/evidence of school change and improvement as proposed in the application.

•  Approval will be for five years.


Model C 

The curriculum will follow Commissioner's Regulations 100.3 and 100.4 currently in effect with any changes based upon the approved application.

•  The Board of Regents will set a limit of 75 applications: 30 for restructuring the full educational program (Model C#1) and 45 for specific program enhancements (Model C#2). The Regents will annually review this limit to determine if it needs to be changed.

Model C#1: 

•  The superintendent(s) and board(s) of education must sign off on the application. In New York City , an application for an existing school would be developed by the Regional Superintendent, be approved by the Chancellor of the New York City Department of Education, and submitted by the Chancellor to the State Education Department.

•  A district must submit with its application a report from the district's shared decision-making team, or in New York City the school leadership team, that provides evidence that consultation took place at the district and building levels and identifies any concerns expressed by constituents.

•  In those districts where public school choice is required under No Child Left Behind (NCLB), the district's application for each newly formed school must include an agreement that a minimum of 20 percent of seats will be offered to students seeking transfer, consistent with State and federal law.

•  Schools proposing new ideas for restructuring the full educational program (Model C#1) would complete a State-developed but locally conducted self-study process. Newly-formed "Redesign" or "Restructure" schools would address the results in the required Redesign/ Restructure school improvement plan that must be submitted as part of the application package.

Model C#2:

•  Districts outside the Big 5 cities would submit the application to the District Superintendent to review and to make a recommendation concerning approval to the State Education Department.

•  In New York City , an application for an existing school would be developed by the Regional Superintendent, be approved by the Chancellor of the New York City Department of Education, and submitted by the Chancellor to the State Education Department. Applications for new schools may come from either a Regional Superintendent or the Chancellor. In all cases, the Chancellor on behalf of the district submits the application to the Department.

•  In the case of the Big 4 school districts, the application would be submitted directly to the State Education Department for review and approval.


SED Support for Models B and C

The State Education Department has indicated to NYSUT that the Department will be able to monitor and oversee the schools that are granted regulatory relief. Listed are some ways the State will assist schools:

•  Develop content standards in English language arts and math by grade level and identify several model curricula in other subject areas.

•  Identify the indicators for a supportive learning environment that are critical to ensuring academic and personal success for all students.

•  Design a strategy to update the course content in the exploratory subjects (e.g., Technology Education, Home and Career Skills, Library and Information Skills, and Health Education).

•  Develop checklists of knowledge and skills to assess student learning in the exploratory subjects consistent with the State learning standards.

•  Identify resources to assist districts and schools that submit applications to strengthen the academic core under Model B.

•  Provide guidance for completing the application package including:

- A suggested self-study process for informing the development of a school improvement plan required as part of the application research-based, survey instrument.

- Objective, measurable indicators of structural, organizational, curricular and/or instructional change as well as behavioral, attitudinal, and environmental changes that are aligned with the Regents Policy Statement on Middle-Level Education and the Department's Essential Elements of Standards-Focused Middle-Level Schools and Programs.

- A timeline for the submission and review of the completed application.


Which Schools Are Eligible?

 

Model A

Model B

Model C

Schools that are high performing where students are achieving proficiency on the State Standards.

 

YES

 

NO

 

YES

Schools that are making Annual Yearly Progress (AYP) or can demonstrate a pattern of improved student achievement over time.

 

YES

 

NO

 

YES

Schools that have significant numbers of students not meeting State Standards (i.e., first year school did not make Adequate Yearly Progress), but are not explicitly designated as SINI or SURR.

 

YES

 

YES

 

NO

Schools with the largest numbers of students not meeting State Standards (e.g., those designated as SINI or SURR).

 

YES

 

YES

 

NO

Newly-formed schools (including those created as a response to the mandate to Redesign/Restructure).

 

YES

 

YES

 

YES


Advice to Local Leaders:

•  Contact Research and Educational Services immediately if your district is preparing to make changes prior to September 2005 or are planning to make changes in September 2005 without appropriate application and approval. By doing so, this would be out of compliance with current regulations and Regents policy.

•  Encourage your district to explore current regulatory flexibility before making application under Model B or C.

•  Reinforce the Regents position that all subjects must be taught by teachers certified in that subject, whether in a single classroom or in an integrated setting.

•  Urge the school district to review the application on an annual basis.

•  When AIS is provided, take the position that AIS should only be provided by teachers certified in that subject.

•  Ensure that teacher members of the district Shared Decision Making team are educated on the implementation strategies and on the new regulations.

•  Provide professional development for all teachers and SRPs on the new regulations and their impact on your members.


FROM THE DESK OF JAMES A. KADAMUS
 Deputy Commissioner
 Elementary, Middle, Secondar
 and Continuing Education
 New York State Education Department
 Room 875 EBA, 89 Washington Avenue
 (518) 474-5915 - Telephone
 Albany, NY  12234
 (518) 486-2233 - Fax
emscsupinfo@mail.nysed.gov

 

 

 

February 16, 2005


NEWS AND NOTES INFORMATIONAL UPDATE

Action Taken by the Board of Regents in February 2005 Concerning Middle-Level Education:  In February, the Board of Regents approved the three-model strategy to implement the Regents Policy Statement on Middle-Level Education.  This explanation of Regents intent is being issued in response to questions from the field.

The three-model strategy does NOT mean that middle-level schools can eliminate instruction in a standards area.  Rather, it means a school submitting a Model B or Model C application must document alternative strategies that ensure students receive instruction in all of the State's 28 learning standards, including those in the non-tested areas.  Applications may seek relief from time requirements, but not from instruction in the standards areas.   Examples of alternative ways to meet the standards include integrating instruction with other standards areas, team teaching across subject areas, mini-courses, etc.

In their applications, districts must demonstrate that these alternative strategies will result in students meeting intermediate learning standards.  The State Education Department will not approve any application that requests to eliminate instruction in a standards area.  There are several requirements that applicants must comply with to receive approval of their applications, including adhering to the Design Principles, providing evidence of consultation and identifying concerns of the shared decision-making team, completing a self-study process (required for Model B and Model C#1), and meeting school improvement plan requirements.  The Board of Regents has also set a limit of 75 applications that may be approved under Model C (C#1--30 schools; C#2--45 schools).

The State Education Department is currently working on an application process and amendments to the regulations to implement the action taken by the Regents on middle-level education.  Until an application is approved according to the regulations, districts do not have the authority to implement Models B or C.

 * * * * * * * * * * * * * * * *


Links to:

•  Regents Policy Statement on Middle Level Education and Implementation Strategies

http://www.regents.nysed.gov/2005Meetings/
February2005/0205emscvesida1.htm

•  NYSUT Information Bulletin No. 200202 on Experimental Middle or Intermediate Schools http://www.nysut.org/research/bulletins/
20020225experimentalschools.html

•  New York State Middle School Association website: http://www.nysmsa.org/

•  The Essential Elements of Standards-Focused Middle-Level Schools and Programs;

•  NYS Commissioner's Regulations:

Part 100.3 http://www.emsc.nysed.gov/part100/pages/1003.html

Part 100.4 http://www.emsc.nysed.gov/part100/pages/1004.html

Part 100.11:

http://www.emsc.nysed.gov/ppd/SchoolSupportServices/
SharedDecisionMaking/shareddecisionmakingreg10011.htm