N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 149-1.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 149-1.3 - District plans

(a) Each city school district in a city with a population in excess of 125,000 inhabitants and each community school district in the city of New York and each other school district that is required to set aside an amount of its comprehensive operating aid for pupils with compensatory educational needs pursuant to Education Law, section 3602 (12)(g) to submit to the commissioner a single comprehensive district plan pursuant to Education Law, section 3602 (12)(g)(2)(G)(ii) shall prepare and submit such plan in accordance with provisions of this subdivision describing the use of such setaside. Such district plans shall be submitted for approval on a three-year cycle commencing September 1, 1991, and shall be amended annually in accordance with paragraph (d)(1) of this section. Any school district that is required to submit a comprehensive district plan for the current year and was not required to submit such a plan for the base year shall submit its comprehensive district plan by September 1st of the current year for the remainder of the current three-year cycle. Each district plan shall be in a form prescribed in the commissioner and shall be consistent with the provisions of this Subpart and sections 100.3(b)(3), 100.4(e) and 100.5(a)(4)(iii) of this Title and shall include, but need not be limited to, the following:

(1) a description of the policy used by the school district for allocation of the apportionments to school buildings in the district;

(2) such information on programs within individual school buildings as the commissioner may require;

(3) a description of how the use of appropriate Federal and State compensatory educational programs and services including those provided under this Part are to be coordinated with the instructional programs and services provided in the regular classroom as described in the district plan;

(4) the length, frequency, and duration of compensatory instructional programs and services;

(5) the number of eligible pupils to be enrolled in each instructional program and receiving each service in the current year;

(6) specification of the means taken to diagnose each eligible pupil to determine his or her individual basic skills deficiencies and an assurance that the program of instruction and services will be appropriate to the individual needs of each pupil as determined by such diagnosis;

(7) a description of how measurable learning objectives for each eligible pupil will be established, including the objective of the achievement of grade level proficiency;

(8) an assurance that each pupil's progress toward the attainment of his or her established learning objectives will be frequently monitored and evaluated and that, based upon the results of such monitoring and evaluation, adjustments to each pupil's educational program will be made;

(9) for the school year 1993-94 only, a description of the expenditure of the apportionments for pupils with special educational needs and for pupils with compensatory educational needs in the 1992-93 school year;

(10) for the school year 1994-95 and thereafter, a description of the expenditure of the setaside for compensatory education in the base year for pupils with compensatory educational needs;

(11) an assurance that all eligible pupils will receive instruction and services in accordance with the district plan and specification of the means by which eligibility of pupils will be determined;

(12) a description of the compensatory program of instruction and services, which may include the services specified in clause (B) of subparagraph (2) of paragraph g of subdivision 12 of section 3602 of the Education Law, and any other acceptable remedial strategy;

(13) a description of how the compensatory instruction and services will be coordinated with the instructional program provided in the regular classroom and with other programs providing the compensatory services specified in Clause (B) of subparagraph (2) of paragraph g of subdivision 12 of section 3602 of the Education Law, including a description of how delivery of services and assessment procedures will be planned and coordinated among the regular classroom teachers and remedial teachers, and, as appropriate, with the support services personnel funded from the setaside for attendance improvement and dropout prevention and the State apportionment for educationally related support services;

(14) a description of the procedure to ensure that school records of a newly enrolled pupil are obtained with the least possible delay from such pupil's former school and that such records are maintained in such pupil's school of attendance in accordance with standards set forth by the commissioner;

(15) an assurance that during the course of a school year newly enrolled pupils in a school building will receive an appropriate placement for compensatory education services included in this Subpart no later than 30 days from enrollment in the school building;

(16) an assurance that parents or persons in parental authority are notified of their child's participation in the program and the instructional objectives and methods to be used and that such parents are provided reports on their children's progress in the program on at least a semiannual basis;

(17) a description of the in-service training, if any, to be provided to professional and paraprofessional staff members and/or tutors, including the procedure for determining such training needs and how such training is to be evaluated;

(18) a description of the parental involvement programs, activities, and procedures including proposed expenditures;

(19) an assurance that a written policy is implemented to involve parents of participating pupils in the planning and implementation of the district plan and that such policy has been made available to parents;

(20) an assurance that the district will convene an annual meeting to which all parents of participating children will be invited;

(21) a description of any model practices to be replicated with the setaside for compensatory education funds;

(22) a description of each schoolwide project including proposed use of funds under this Part; and

(23) an assurance that the district has determined, through an annual review of effectiveness, whether its stated performance objectives have been achieved and that results have been used to determine the need for program improvement.

(b) Each school district that is required to set aside an amount of its comprehensive operating aid for pupils with compensatory educational needs pursuant to paragraph g of subdivision 12 of section 3602 of the Education Law and is not required to submit a comprehensive district plan pursuant to subdivision (a) of this section shall prepare and submit to the commissioner an acceptable plan in accordance with provisions of this subdivision and paragraph a of subdivision 10 of section 3602 of the Education Law describing the use of such funds. Such plans shall be submitted on the three-year cycle that commenced on September 1, 1991, and on or before September 1st of every third year thereafter, and shall be amended annually in accordance with paragraph (2) of subdivision (d) of this section. Any school district that is required to submit a district plan pursuant to this subdivision for the current year and was not required to submit such a plan for the base year shall submit its district plan by September 1st of the current year for the remainder of the current three-year cycle. Each district plan shall be in a form prescribed by the commissioner, shall constitute the comprehensive project application for remedial instruction, shall be consistent with the provision of this Subpart and sections 100.3(b)(3), 100.4(e) and 100.5(a)(4)(iii) of this Title and shall include, but need not be limited to, the following:

(1) number and grade span of pupils served by planned activities;

(2) priority needs, and the method by which such needs were identified;

(3) program objectives;

(4) description of program activities;

(5) the method to evaluate the extent to which the objectives of the program have been achieved, which shall include a pre- and post-assessment of the academic achievement of the pupils served by the program;

(6) the budget for the expenditure of such setaside amount;

(7) the date on which such plan was adopted by the board of education; and

(8) a description of how other available funds will be coordinated with the setaside to provide a unified comprehensive program of remedial instruction for all eligible pupils in the district.

(c) Each school district that is required to set aside an amount of its comprehensive operating aid for pupils with compensatory educational needs pursuant to paragraph g of subdivision 12 of section3602 of the Education Law and is not required to submit a comprehensive district plan pursuant to subdivision (a) of this section shall prepare and submit to the commissioner an acceptable plan of service describing student outcomes expected from implementation of the proposed plan. Such plan shall be submitted on the three-year cycle that commenced on September 1, 1991, and on or before September 1st of every third year thereafter. Any school district that is required to submit a plan of service pursuant to this subdivision for the current year and was not required to submit such a plan for the base year shall submit its plan of service by September 1st of the current year for the remainder of the current three-year cycle. Each district plan shall be in a form and shall have the content prescribed by the commissioner and shall be consistent with the provisions of this Subpart and sections 100.3(b)(3), 100.4(e), and 100.5(a)(4)(iii) of this Title. The commissioner may require amendments of such plans as authorized by paragraph b of subdivision 10 of section3602 of the Education Law.

(d) Annual amendment of plan.

(1) An annual amendment of each district plan required under subdivision (a) of this section shall be submitted for approval no later than September 1st of each year, commencing September 1, 1993, provided that the commissioner may require the submission of a new district plan in lieu of an amendment in any year. Such amendment shall include, but shall not be limited to, a budget for the expenditure of the setaside for compensatory education funds for pupils with compensatory educational needs, and updated information on the proposed use of the setaside for the current year.

(2) Prior to September 1st of each year, school districts to which subdivision (b) of this section applies shall submit, on forms prescribed by the commissioner, information which amends the approved three-year district plan to reflect any and all program and budget changes.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 149-1.3