On February 11, 2014, the Board of Regents adopted amendments to Subpart 30-2 of the Rules of the Board of Regents, effective on that same date. The amendments support the commitment made by the Board of Regents and the Commissioner to ensure that the amount of testing should be the minimum necessary to inform effective decision-making. As part of the proposed amendments, the Board of Regents has provided an expedited review process for districts or BOCES that wish to make material changes to their approved Annual Professional Performance Review (APPR) plans to eliminate unnecessary assessments that are currently used for purposes of APPR. The Department has determined, consistent with its authority under Education Law §3012-d(15), that the Expedited Material Change process will apply to APPR plans approved pursuant to Education Law §3012-d.
For APPR plans under Education Law §3012-c, the Department previously developed guidance and technical support materials regarding the role of assessments within the APPR system (see: http://www.engageny.org/resource/appr-planning). These materials include methods to eliminate, where consistent with the district’s instructional vision and subject to collective bargaining where required, the use of pre-tests and other locally adopted standardized tests and instead utilize existing state assessments, school-wide growth measures, performance-based assessments and/or past performance trends, historical data and/or prior-year test results to establish targets for determining student learning growth. While these resources will not be updated to align with Education Law §3012-d, they are still helpful aids for districts to ensure that thoughtful conversations and strategic decisions are made regarding the use of student assessments under §3012-d.
The Department encourages each district and BOCES to use this expedited review process to review their currently approved APPR plan under §3012-d to identify alternative assessment options permitted under the law and regulations that will result in less testing for students.
The following is a link to the Department’s Expedited Material Change Form, for use by those individuals in a district or BOCES who are responsible for determining whether a material change to the currently approved APPR plan under §3012-d is necessary and preparing such a submission.
The Expedited Material Change Form is only for those districts or BOCES that want to make a material change to the portions of their APPR plan solely to eliminate unnecessary student assessments.
Please note that the Department will only review the listed material changes included on the Expedited Material Change Form. No other portion of the APPR plan will be reviewed by the Department for compliance with Education Law §3012-d or Subpart 30-3 of the Rules of the Board of Regents. If your district or BOCES has concerns regarding the elimination of unnecessary testing in its currently approved APPR plan, the Department recommends that the district or BOCES consult with your local counsel before determining whether a material change is needed.
Please note: All APPR material change requests – for any purposes – must be submitted in the APPR Portal to the Department by March 1 of the current school year.
For additional information please see the following links to the Board of Regents meetings regarding the changes to Subpart 30-2: