A06801 Summary:

SAME ASNo same as
COSPNSRWeisenberg, Grannis, Greene
MLTSPNSRBoyland, Clark, Davis, Englebright, Griffith, Jacobs, Ortiz
Add Art 3 Part II SS145 - 170, Ed L
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".
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A06801 Actions:

03/08/1999referred to education
01/05/2000referred to education
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A06801 Text:

                STATE OF NEW YORK
                               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.

        A. 6801                             2
     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;

        A. 6801                             3
     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.

        A. 6801                             4
     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.

        A. 6801                             7

     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.

        A. 6801                             8
     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.

        A. 6801                            11
     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.
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