New York Register, Volume 38, Issue 32, August 10, 2016

• Jurisdiction: New York
• Library: New York Register
• Published date: 10 August 2016
• Year: 2016

RULE MAKING

ACTIVITIES

Each rule making is identified by an I.D. No., which consists

of 13 characters. For example, the I.D. No.

AAM-01-96-00001-E indicates the following:

AAM -the abbreviation to identify the adopting agency

01 -the State Register issue number

96 -the year

00001 -the Department of State number, assigned upon

receipt of notice.

E -Emergency Rule Making—permanent action

not intended (This character could also be: A

for Adoption; P for Proposed Rule Making; RP

for Revised Rule Making; EP for a combined

Emergency and Proposed Rule Making; EA for

an Emergency Rule Making that is permanent

and does not expire 90 days after filing.)

Italics contained in text denote new material. Brackets

indicate material to be deleted.

Department of Civil Service

NOTICE OF EXPIRATION

The following notices have expired and cannot be reconsidered

unless the Department of Civil Service publishes new notices of

proposed rule making in the NYS Register.

Jurisdictional Classification

I.D. No. Proposed Expiration Date

CVS-29-15-00008-P July 22, 2015 July 21, 2016

Jurisdictional Classification

I.D. No. Proposed Expiration Date

CVS-29-15-00010-P July 22, 2015 July 21, 2016

Education Department

EMERGENCY/PROPOSED

RULE MAKING

NO HEARING(S) SCHEDULED

Community School Grants

I.D. No. EDU-32-16-00002-EP

Filing No. 734

Filing Date: 2016-07-26

Effective Date: 2016-07-26

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-

cedure Act, NOTICE is hereby given of the following action:

Proposed Action: Amendment of section 100.19 of Title 8 NYCRR.

Statutory authority: Education Law, sections 207(not subdivided),

3015(1), (2), 211-f, 215(not subdivided), 308(not subdivided) and 309(not

subdivided); L. 2016, ch. 53

Finding of necessity for emergency rule: Preservation of general welfare.

Specific reasons underlying the finding of necessity: The purpose of the

proposed amendment is to timely implement Chapter 53 of the Laws of

2016 to establish the requirements for eligible school districts with schools

designated as struggling and persistently struggling by the Commissioner

pursuant to Education Law section 211-f(1)(a) or (b) throughout the 2016-

2017 school year that wish to apply for such grants in the 2016-2017

school year. The proposed amendment also revises the definition of the

community schools to require programs in a community school to provide

members of the community with access to services on school buildings

and grounds consistent with all applicable laws and regulations including

but not limited to Education Law section 414.

Since the Board of Regents meets at fixed intervals, the earliest the

proposed rule can be presented for regular (non-emergency) adoption, af-

ter expiration of the required 45-day public comment period provided for

in State Administrative Procedure Act (SAPA) section 202(4-a), would be

the October 17-18, 2016 Regents meeting. Furthermore, pursuant to SAPA

section 203(1), the earliest effective date of the proposed rule, if adopted

at the September meeting, would be November 2, 2016, the date a Notice

of Adoption would be published in the State Register.

Emergency action at the July 2016 Regents meeting is therefore neces-

sary for the preservation of the general welfare in order to immediately es-

tablish the eligibility requirements for community school grants to imple-

ment Chapter 53 of the Laws of 2016 so that eligible school districts who

have schools designated by the Commissioner as persistently struggling

and struggling in the 2016-2017 school year can apply, and receive mon-

ies, to establish community schools.

Subject: Community school grants.

Purpose: To implement chapter 53 of the Laws of 2016 by establishing

the criteria for community school grants.

Text of emergency/proposed rule: 1. A new subdivision (k) is added to

section 100.19 of the Regulations of the Commissioner of Education, ef-

fective July 26, 2016, as follows:

(k) Community schools grants. Subject to the terms of an appropriation,

community schools grant funds will be awarded by the Commissioner to

eligible school districts with schools designated as struggling and

persistently struggling by the Commissioner pursuant to Education Law

section 211-f(1)(a) or (b) throughout the 2016-2017 school year (“desig-

nated schools”) pursuant to a plan developed by the Commissioner and

approved by the director of the budget pursuant to this subdivision.

1

(1) Application for funding. Eligible school districts that seek a com-

munity schools grant fund award for a designated school or schools shall

submit an application to the Commissioner on a form and pursuant to a

timeline prescribed by the Commissioner and shall meet the requirements

set forth this subdivision. Applications must set forth the need for such

funds, whether the school district is seeking operating funds and/or capital

funds, how the funds would be used and the number of students that would

be served with such funds. If an eligible school district seeks both operat-

ing and capital funds, such application shall include separate budgets for

the use of operating and capital funds. Funds shall be awarded in accor-

dance with a formula developed by the Commissioner and approved by

the director of the budget which shall take into account factors that include

but need not be limited to the number of designated schools in the district,

the number of students enrolled in the designated schools, and the needs

of such students for English language learner, special education and other

enhanced services.

(i) Prior to submitting an application to the Commissioner, the

eligible school district shall provide appropriate community partners

and/or the community engagement team established pursuant to this sec-

tion, as the school district deems appropriate, an opportunity to review

and provide feedback on the application.

(ii) All applications for funding pursuant to this subdivision must

include detailed plans and timelines for ensuring substantial parent,

teacher, and community engagement in the planning, implementation and

operations of the community school that shall include but need not be

limited to the following:

(a) holding public meetings with parents, teachers and com-

munity members at least quarterly during the school year to provide infor-

mation and solicit input regarding the planning, implementation and

operations of the community school. Such meetings shall be held in accor-

dance with the requirements of subparagraph (c)(1)(iii) of this section;

(b) providing written notices and communications regarding the

planning, implementation and operations of the community school to

parents, teachers, other school personnel and community members as

often as practicable through means that shall include but need not be

limited to email and posting on the district’s internet website, if one exists.

All such notices and communications shall be provided in English and

translated, to the extent practicable, into the recipient’s native language

or mode of communication;

(c) ensuring that such meetings, notices and communications

provide parents, teachers and community members with meaningful op-

portunities to provide input and feedback by providing a variety of widely

accessible methods of communication such as email, telephone, and/or

access to the community school site coordinator and/or the steering com-

mittee; and

(d) submitting quarterly written reports to the Commissioner in

a form and format prescribed by the Commissioner containing specific in-

formation about the progress of the planning, implementation and opera-

tions of the community schools grant and the requirements of this

subdivision.

(2) Eligibility for services provided under this grant. Each designated

school that receives a grant to deliver co-located or school-linked services

pursuant to this subdivision shall first provide such services to the students

who are enrolled in such school and their families.

(i) If a designated school has additional unused capacity after

making such services available to all enrolled students and their families

(e.g., not all available times for health or dental screenings have been

filled on a particular day after all students enrolled in the school have

been given an opportunity for an appointment, or not all seats in a parent-

ing workshop have been filled by parents of students who attend the

school), the school may offer such services to students who attend feeder

schools and their families so as to maximize effective and efficient use of

available resources and/or students who are alumni of the school and

their families in order to provide continuity of services.

(ii) For purposes of this subdivision, “feeder school” shall mean a

school that receives Title I funds or is eligible for, but does not receive

Title I funds, and from which at least 20 percent of the students in the

designed school matriculated, provided that, for designated schools in

which school choice, admissions lotteries, and/or open enrollment exist

and in which feeder school patterns are therefore not consistent from year

to year, the school district may request that a lesser percentage of students

matriculating into the designed schools be considered or that up to three

schools in the closest geographic proximity to the designated schools and

from which students matriculate to such schools be feeder schools for

purposes of this subdivision.

(3) Use of grant funds. Community schools grant funds shall be used

to supplement and not supplant district expenditures and shall only be

used for new expenditures on eligible operating and capital costs in ac-

cordance with this subdivision and subject to the terms of the

appropriation. Community schools grant funds must be used to support

the operating and capital costs associated with the transformation of

designated schools into community hubs to deliver co-located or school-

linked academic, health, mental health, nutrition, counseling, legal and/or

other services to students and their families, which may include but need

not be limited to the following:

(i) providing a community school site coordinator at each strug-

gling or persistently struggling school receiving a grant pursuant to this

subdivision. The school district shall designate a full-time staff person to

serve as the community school site coordinator at each such school who

shall assist the school receiver in implementing the grant, including but

not limited to managing the development of the community school strategy

for that school, coordinating and integrating service delivery at the school,

ensuring the maintenance and sustainability of the community school, and

consulting and coordinating with any other community school site

coordinators designated pursuant to this clause, if applicable. If there are

circumstances that do not justify the assignment of a full-time staff person

to serve as the community school coordinator for each school (e.g., the

designated school is a small rural school and a full-time coordinator is

not needed), or if the designation or one full-time site coordinator for

multiple schools would be more effective (e.g., if the two schools desig-

nated in the district are small schools in close proximity and a full-time

coordinator could serve both schools), the school district may apply to the

Commissioner for a waiver from this requirement;

(ii) improving parent engagement, which may include but need not

be limited to designating a family outreach coordinator, providing parents

and families with information on and opportunities to participate in their

child’s education and school community, including participation on the

school’s community engagement team established pursuant to this sec-

tion; in the process of local stakeholder consultation conducted pursuant

to this section; in the community-wide needs assessment conducted pursu-

ant to this section; on the steering committee established pursuant to

subparagraph (vi) of this paragraph; and in family literacy programs,

including early childhood education, interactive literacy activities be-

tween parents and their children, and training for parents regarding how

to be the primary teacher for their children and full partners in the educa-

tion of their children;

(iii) providing early childhood education programs;

(iv) offering professional development specific to the unique needs

of students enrolled in a community school and their families. Such unique

needs may be determined through measures including but not limited to

surveys of students, families and teachers; focus group meetings with

parents, students and teachers; and/or results of comprehensive school

and community needs assessments, which may be the comprehensive

school and community needs assessment conducted pursuant to subdivi-

sion (f)(8)(iii) of this section, if one has been conducted for the specific

school. Such professional development shall include but not be limited to

job-embedded professional development with an emphasis on strategies

that involve teacher input and feedback as well as professional develop-

ment for administrators at the school with an emphasis on strategies that

develop leadership skill and use of principles of distributive leadership

and instructional supervision;

(v) conducting community-wide needs assessments, provided that,

if a comprehensive school and community needs assessment regarding the

school has been conducted pursuant to subdivision (f)(8)(iii) of this sec-

tion, such needs assessment may be used for this purpose;

(vi) creating a steering committee to provide feedback and

guidance. Such steering committee shall be made up of various school and

community stakeholders, which shall include but need not be limited to,

the school principal, parents of or persons in parental relation to students

attending the school, teachers and other school staff assigned to the

school, and students attending the school; provided that, in the case of a

designated school that does not serve students in grade seven or above,

the steering committee need not include students; provided further that a

community engagement team established pursuant to this section may also

serve as the steering committee; and

(vii) constructing or renovating spaces within such school build-

ings to serve as health suites, adult education spaces, guidance suites,

resource rooms, remedial rooms, parent/community rooms, and career

and technical education classrooms, plus any other capital costs neces-

sary to implement a community school.

2. Paragraph (8) of subdivision (a) of section 100.19 of the Regulations

of the Commissioner of Education is amended, effective July 26, 2016, to

read as follows:

(8) Community School shall mean a school that partners with one or

more agencies with an integrated focus on rigorous academics and the

fostering of a positive and supportive learning environment, and a range

of school-based and school-linked programs and services that lead to

improved student learning, stronger families, and healthier communities.

At a minimum, programs must include, but are not limited, to:

(i) addressing social service, health and mental health needs of

NYS Register/August 10, 2016Rule Making Activities

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