S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6403

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2009
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  FIELDS,  BRENNAN,  HOYT,  J. RIVERA,
  P. RIVERA, PERALTA, MILLMAN,  AUBRY,  GREENE,  MARKEY,  GALEF,  TITUS,
  BENJAMIN,   SCHROEDER,   ESPAILLAT,  COLTON,  JEFFRIES,  FINCH,  KOLB,
  P. LOPEZ, BOYLAND -- Multi-Sponsored by -- M. of A.  ALFANO,  BENEDET-
  TO, CAHILL, CALHOUN, CAMARA, DIAZ, EDDINGTON, ERRIGO, HIKIND, LANCMAN,
  V. LOPEZ,  MAYERSOHN,  McENENY,  REILLY,  SCARBOROUGH, SWEENEY, TOWNS,
  WRIGHT -- read once and referred to the Committee on Education

AN ACT to  amend  the  education  law,  in  relation  to  requiring  the
  collection, maintenance and evaluation of high school graduation rates
  and the reporting  of such rates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent  and  purpose.  The  legislature  hereby
finds  and  declares  it necessary for the state to require the creation
and maintenance of a data and public reporting system which collects and
gathers data which accurately reflects and accounts for  statewide  high
school  graduation  rates  and  which  makes  such data available to the
public.  It is necessary for the success of this  state's  economy  that
public  high  schools properly and efficiently provide all students with
proper preparation for college.  It is critical for the state to  assess
this  preparation and, in doing so, must examine and evaluate graduation
rates within the public school system.
  An accurate evaluation of such information requires the collection  of
comprehensive  data  pertaining  to statewide graduation rates including
information which specifically reflects unique student identifiers  such
as  race,  ethnicity,  disability, proficiency with the English language
and socio-economic levels. This information may best be obtained by  the
state  tracking  students from kindergarten through postsecondary educa-
tion.
  Since parents and community members  play  such  a  critical  role  in
ensuring  strong  educational accountability, the state must be required

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09935-01-9
              

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to make available to the public all such data and information reflecting
the state's  progress  towards  increasing  graduation  rates  and  such
reports must be made readily accessible to the entire public.
  S  2.  The education law is amended by adding a new article 66 to read
as follows:
                               ARTICLE 66
                            GRADUATION RATES
SECTION 3250. DEFINITIONS.
        3251. DATA AND REPORTING SYSTEM, ESTABLISHED.
        3252. REPORTING REQUIREMENTS.
  S 3250. DEFINITIONS. IN THIS ARTICLE, THE FOLLOWING TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  1.  "FOUR-YEAR COHORT" MEANS AND INCLUDES ALL STUDENTS WHO ENTER NINTH
GRADE TOGETHER AND SHALL NOT EXCLUDE ANY  STUDENT  WHO  HAS  TRANSFERRED
INTO  THE GROUP DURING THE NINTH GRADE OF THE GROUP'S FIRST YEAR IN HIGH
SCHOOL, DURING THE TENTH GRADE  OF  THE  GROUP'S  SECOND  YEAR  IN  HIGH
SCHOOL,  THE ELEVENTH GRADE OF THE GROUP'S THIRD YEAR IN HIGH SCHOOL, OR
DURING THE TWELFTH GRADE OF THE GROUP'S FOURTH YEAR IN HIGH  SCHOOL,  OR
WHO  HAS  BEEN  RETAINED  IN GRADE, OR WHO IS ENROLLED IN A GED PROGRAM.
STUDENTS RETAINED IN GRADE ARE ONLY COUNTED ONCE  AS  MEMBERS  OF  THEIR
ORIGINAL  COHORT.  "FOUR-YEAR  COHORT"  SHALL  NOT  MEAN AND INCLUDE ANY
STUDENT WHO DIES BEFORE GRADUATION,  TRANSFERS  OUT  OF  THE  GROUP,  OR
PERMANENTLY LEAVES THE UNITED STATES.
  2.  "GRADUATION  RATE" MEANS THE PERCENTAGE OBTAINED FROM APPLYING THE
GRADUATION RATE FORMULA.
  3. "GRADUATION RATE FORMULA" MEANS THE NUMBER OF STUDENTS WHO GRADUATE
ON TIME WITH A HIGH SCHOOL DIPLOMA, AND NOT A GED, DIVIDED BY THE NUMBER
OF STUDENTS IN THE FOUR-YEAR COHORT.
  4. "ON TIME" MEANS ON OR BEFORE THE CONCLUSION OF A FOUR-YEAR COHORT'S
FOURTH YEAR OF HIGH SCHOOL OR AT  THE  CONCLUSION  OF  A  SENIOR  SUMMER
SESSION IN A JURISDICTION WHICH OFFERS SUCH SESSIONS.
  5.  "TRANSFER OUT" MEANS A STUDENT WHO THE COUNTY BOARD CONFIRMS, UPON
THE APPROVAL OF WRITTEN  VERIFICATION,  HAS  ENROLLED  IN  ANOTHER  HIGH
SCHOOL  OR  OTHER  EDUCATIONAL  PROGRAM  FROM WHICH THAT SUCH STUDENT IS
EXPECTED TO RECEIVE A HIGH SCHOOL DIPLOMA. "TRANSFER OUT" SHALL NOT MEAN
A STUDENT ENROLLED IN A GED PROGRAM; OR AN ALTERNATIVE EDUCATION PROGRAM
WHICH DOES NOT ISSUE OR PROVIDE CREDITS TOWARD A HIGH SCHOOL DIPLOMA.
  S 3251. DATA AND REPORTING SYSTEM, ESTABLISHED.  1.  BEGINNING  ON  OR
BEFORE  OCTOBER FIRST, TWO THOUSAND THIRTEEN, THE DEPARTMENT SHALL ON AN
ANNUAL BASIS  A. ESTABLISH AND IMPLEMENT A SYSTEM OR  PROCESS  BY  WHICH
THE  DEPARTMENT  SHALL COLLECT, MAINTAIN, ANALYZE AND EVALUATE STATEWIDE
GRADUATION RATES IN PUBLIC HIGH SCHOOLS  RELATING  TO  RACE,  ETHNICITY,
DISABILITY AND SOCIOECONOMIC FACTORS;
  B.  COMPILE  INFORMATION  RECEIVED  PURSUANT  TO  THIS SUBDIVISION AND
CALCULATE AN ANNUAL GRADUATION RATE FOR THE STATE;
  C. POST SUCH INFORMATION FOR EACH SCHOOL DISTRICT ON THE  DEPARTMENT'S
PRIMARY  WEBSITE  WHICH  SHALL  BE CLASSIFIED INTO GROUPS BASED ON RACE,
ETHNICITY, LANGUAGES SPOKEN OTHER THAN ENGLISH AS THE PRIMARY  LANGUAGE,
SPECIAL  EDUCATION, AND SOCIOECONOMIC BACKGROUND. SOCIOECONOMIC INFORMA-
TION SHALL BE OBTAINED FROM A LIST OF STUDENTS RECEIVING FREE OR REDUCED
PRICED MEALS AND OTHER SUITABLE AND RELIABLE INFORMATION.
  2. THE DEPARTMENT MAY DEVELOP AND IMPLEMENT ADDITIONAL  INDICATORS  TO
COLLECT, MAINTAIN, ANALYZE AND EVALUATE AND PUBLICLY REPORT DATA REGARD-
ING ALTERNATIVE HIGH SCHOOL COMPLETIONS.
  3.  THE  DEPARTMENT  SHALL:  IMPLEMENT TRAINING FOR ADMINISTRATORS AND
OTHER PERSONNEL RESPONSIBLE FOR COLLECTING, MAINTAINING,  ANALYZING  AND

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EVALUATING  AND  PUBLICLY REPORTING DATA REGARDING FOUR-YEAR COHORTS AND
GRADUATION RATES. THE DEPARTMENT SHALL ALSO IMPLEMENT A STANDARD PROCESS
FOR VERIFYING THE ACCURACY OF  DATA  INCLUDING  STATISTICAL  CHECKS  AND
ON-SITE AUDITS OF RECORD-KEEPING PROCEDURES.
  THE  DEPARTMENT  SHALL IMPLEMENT A PUBLIC AWARENESS CAMPAIGN INCLUDING
OUTREACH TO CIVIC ASSOCIATIONS, COMMUNITY-BASED GROUPS AND PARENT ORGAN-
IZATIONS AND A CAMPAIGN TO SOLICIT  SUGGESTIONS  AND  COMMUNITY  SUPPORT
REGARDING THE NEED FOR COLLECTING, MAINTAINING, ANALYZING AND EVALUATING
AND  PUBLICLY  REPORTING  ACCURATE  DATA REGARDING FOUR-YEAR COHORTS AND
GRADUATION RATES.
  S 3252. REPORTING REQUIREMENTS. ON OR BEFORE AUGUST FIRST,  TWO  THOU-
SAND  NINE, THE DEPARTMENT SHALL REPORT TO THE GOVERNOR, MAJORITY LEADER
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY REGARDING  MEASURES  BEING
TAKEN  TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE AND SHALL INCLUDE THE
CATEGORIES AND CODES BEING USED FOR IDENTIFYING,  TRACKING,  CALCULATING
AND  PUBLICLY  REPORTING TRANSFERS OUT OF A FOUR-YEAR COHORT, AS DEFINED
IN THIS ARTICLE. SUCH REPORT SHALL BE IMMEDIATELY POSTED ON THE  DEPART-
MENT'S PRIMARY WEBSITE.
  S 3. This act shall take effect July 1, 2009.