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The Middle Level Education site provides guidance materials, tools and resources to assist districts and schools in developing and maintaining high quality middle level programs that adhere to the Regents Policy Statement on Middle Level Education. 

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Regents Policy Statement on Middle-Level Education, Supporting Young Adolescents

Based on a series of statewide discussions with many groups and a thorough review of the research on effective middle level education practices, the Regents and the State Education Department have identified seven essential elements of standards-focused middle-level schools and programs. This policy statement reflects these seven key factors.

Regents Policy Statement on Middle-Level Education, Supporting Young Adolescents July 2003

Introduction.

Young adolescents from ages 10 to 14 are undergoing personal transformations – physical, intellectual, emotional, social and psychological. The Board of Regents believes that the time these students spend in the middle grades, 5 through 8, is critical to both their personal growth and development and their success in high school.

The challenge to middle-level education is to make the change from childhood to adolescence and from the elementary grades to the high school a positive period of intellectual and personal development. For many students, this is a hopeful time of life. However, for some youngsters emerging adolescence is a stressful time. These personal difficulties may be exacerbated in cases where either the home or the community (including the school) in which the young person lives and learns offers limited opportunities for positive role models, employment, and a satisfying lifestyle.

Educators, parents, families, and communities must recognize that they need to work together to assist students in a changing society. Educators need to recognize and assume a shared responsibility not only for their students' intellectual and educational development, but also for their students' personal, social, emotional, and physical development. The entire school community must share responsibility for the success of all students, assuring high-quality instruction, course content, and support and other services in the middle-level grades, and promoting high expectations for all students, regardless of disability, limited English proficiency, religion, sex, color, race, or national origin.

The following seven essential elements must be in place in standards-focused schools with middle-level grades if young adolescents are to succeed academically and develop as individuals:

A philosophy and mission that reflect the intellectual and developmental needs and characteristics of young adolescents. An educational program that is comprehensive, challenging, purposeful, integrated, relevant, and standards-based. An organization and structure that support both academic excellence and personal development. Classroom instruction appropriate to the needs and characteristics of young adolescents provided by skilled and knowledgeable teachers. Strong educational leadership and a building administration that encourage, facilitate, and sustain involvement, participation, and partnerships. A network of academic and personal support available for all students. Professional learning for all staff that is ongoing, planned, purposeful, and collaboratively developed.

In a standards-focused middle-level school or program, the goals of academic achievement and personal development for each student are not in conflict or in competition. Rather, they are compatible, complementary, and mutually supportive. From a young adolescent's perspective, the essential elements of a successful standards-focused middle-level school or program must contain the following components.

Philosophy, Mission, and Vision

Every young adolescent deserves a school that values academic achievement and personal development and provides a supportive environment free from violence, bullying, harassment, and other negative behaviors. Students in the middle grades are in a unique period of development, a period of rapid intellectual, physical, social, and emotional change. The philosophy, mission, and vision of a school with middle-level grades must reflect the dual purposes of middle-level education (academic achievement and personal development). They must also stress the positive development of the individual and affirm the school's responsibility to assist all students in making a successful transition from the elementary grades to high school and from childhood to adolescence.

Educational Program

Every young adolescent needs a challenging, standards-based course of study that is comprehensive, integrated, and relevant. They need an educational program that is enhanced by genuine involvement of students, their parents, their families, and the greater school community. Further, they need an educational program that emphasizes and promotes the requisite academic knowledge and skills needed to succeed in school — both middle-level and high school — and in later life. The educational program should be fully aligned with the State’s 28 learning standards and emphasize the natural connections and linkages among the standards. Middle grades instruction must build upon the foundational knowledge and skills of the elementary grades and, in doing so, prepare students for success in high school.

Literacy and numeracy are key to the educational program. English language arts — reading, writing, listening and speaking — and mathematics are emphasized across the subject areas with expectations for performance that are consistent across and within the disciplines and commonly understood by both teachers and students. Strategies for reading are applied in all the content areas and writing experiences are provided in a variety of forms. Mathematics instruction builds on basic skills and emphasizes conceptual understanding and problem-solving skills. The educational program also promotes both an understanding and the use of the concepts of technology; fosters an understanding and an appreciation of the arts; teaches how to access, organize, and apply information using various media and data bases; helps students understand and apply positive health concepts and practices and participate in healthful physical activities; and develops skills to explore new subject areas.

The educational program also encourages students to pursue personal interests, engage in school and community activities (e.g., sports, clubs, etc.), explore potential futures and careers, and develop useful social, interpersonal, and life skills needed to live a full and productive life. It also offers opportunities for the development of personal responsibility and self-direction.

Up-to-date learning aids (e.g., textbooks, current adolescent literature, laboratory equipment, etc.), instructional materials, and instructional technology are used to support the educational program. Targeted and timely academic intervention services must be provided so that students do not fall behind in meeting the learning standards. These additional academic instruction and/or student support services that address barriers to learning are critical in the middle grades to ensure that all students achieve the State’s learning standards and graduate from high school. Such services are particularly important to students with disabilities and those who are English language learners to ensure they are successful in the general academic program.

Organization and Structure

Young adolescents learn and develop best in a school that is organized and structured to promote both academic achievement and personal development. Organizational effectiveness and school success are not contingent upon a particular grade or school configuration. What is critical is that a school is organized and structured to help young adolescents make the transition from the elementary to the high school grades, from childhood to adolescence.

The organization and structure should help make all students, staff, parents, and families feel secure, valued, and respected as significant contributors to the school community. Teachers must be provided with regular opportunities to interact and collaborate to ensure that instruction is consistent and inter-related across and within the subject areas. Scheduling flexibility is necessary to provide a comprehensive educational program, interdisciplinary curricula, targeted and timely academic intervention services, co-curricular and extra-curricular activities, and opportunities for students to engage in leadership and community service projects.

The organization and structure connect youngsters to adults and to other students in the school and community and provide opportunities for increasingly independent learning experiences and responsibilities within a safe and structured environment. Each student needs a caring adult advocate in the school who knows that student personally and well. The organization and structure provide time during the school day that is necessary to ensure opportunities for additional instruction and personal support are available for students who need extra help to meet the State’s standards.

Classroom Instruction

Every young adolescent requires skilled and caring teachers who have a thorough understanding of their subject(s) and of the students whom they teach. Young adolescents learn and develop best when they are treated with respect, involved in their learning, engaged with challenging content that has meaning and connections for them, and receive assurances that they are capable, worthy people. Teachers need to recognize and understand the changes that are occurring within their students, design and deliver a challenging curriculum based on the State’s learning standards, and accept responsibility for each student’s learning and development. They need to have an extensive understanding of their subject matter and of different approaches to student learning. A variety of successful instructional techniques and processes that reflect best practices (e.g., differentiated instruction, cooperative learning, etc.) must be used and capitalize on the unique characteristics and individual needs of young adolescents.

Teachers must provide instruction that is purposeful, challenging, relevant, integrated, and standards-based and use classroom assessments that are useful indicators of individual student growth and performance to monitor each student’s progress and to plan instruction. They ensure that performance expectations are consistent and interrelated across and within subject areas. Student data, both personal and achievement, are used to make curricular and instructional decisions and technology and other instructional resources support and enhance learning. Teachers use flexible grouping based upon pupil needs, ways of learning, and interests, and employ interdisciplinary approaches to help students integrate their studies and to fulfill their potential. Opportunities are created for students to develop social, interpersonal, and leadership skills in addition to academic proficiency.

Teachers consult with each other and with other school personnel about instructional, curricular, and other student-related issues. They also inform and involve parents in their children's education by helping them understand the instructional program, their children's progress, and how to help their children at home with schoolwork, school decisions, and successful development through early adolescence.

Educational Leadership

Every young adolescent should be educated in schools that have knowledgeable, effective, and caring leaders. Students learn and develop best when the adults in the school community have high expectations for students and staff, share and support a common vision, and work together to achieve common purposes. The personnel in effective schools with middle-level grades share leadership responsibilities. For the school to prosper, those in positions of leadership must know and understand the needs and developmental characteristics of young adolescents and the essential elements of a standards-focused, high-performing school with middle-level grades. They must articulate and maintain high standards for classroom instruction and student performance and support and encourage teachers to take risks, explore, question, and try new instructional approaches. They must also ensure and facilitate inter-school cooperation, collaboration, and communication with feeder elementary schools and receiving high schools.

Educational leaders promote school/community partnerships and involve parents and other members of the community in school activities and initiatives that benefit students. They create, promote, and sustain a school culture and climate of mutual support and collective responsibility for the educational and personal development of every young adolescent. They also ensure students are provided with opportunities to assume significant and meaningful leadership roles in the school.

Student Academic and Personal Support

Every young adolescent needs access to a system that supports both academic achievement and personal development. Caring adults are a significant positive influence for young adolescents. To ensure a comprehensive network of academic and personal support is available for students and their families, schools with middle-level grades must maintain two-way communication with parents and families and ensure that all students and their families have access to counseling and guidance services to make educational, career, and life choices. Trained professionals (including school counselors who know and understand the needs, characteristics, and behaviors of young adolescents), special prevention and intervention programs, and community resources must be available to support those who require additional services to cope with the changes of early adolescence and/or the academic demands of middle-level education, especially students with disabilities and those who are English language learners. Students also need to be provided with opportunities to have access to adult mentors and positive role models. Parents, families, and community groups must be informed of the essential role they play in ensuring students attend school and access available services, expanding and enhancing venues for significant learning, promoting youth development, and supporting positive school change.

Professional Learning

Every young adolescent deserves an educational setting that values continuous improvement and ongoing professional learning. Young adolescents need highly qualified, well-trained, knowledgeable, caring teachers, administrators, and other school staff if they are to succeed. Schools with middle-level grades need to be professional learning communities where adults in the school engage in programs of growth and development that are ongoing, planned, purposeful, and collaboratively developed. At the core of professional growth should be specific subject area expertise, a knowledge and understanding of the linkages among the 28 learning standards, research-based instructional practices that have proven successful in raising student achievement and, at the practical level, the developmental characteristics of young adolescents. School staff must understand, not only theoretically but also operationally, how to implement the essential elements of a standards-focused, high-performing school with middle-level grades.

The University of the State of New York and all of its resources are unified in the mission to raise the knowledge, skill, and opportunity of all people in the State. The Board of Regents believes that the middle-level grades, grades 5 through 8, are a vital link in the education of youth, a critical period of individual growth and development, and a key to success in high school. A high performing, standards-focused school with middle-level grades addresses both academic performance and personal development. It ensures that young adolescents are prepared and ready to make a successful transition to high school, academically and personally. Creating effective schools with middle-level grades will necessitate systemic change and require a philosophy and mission committed to developing the whole child, a challenging and rigorous educational program, a supportive organization and structure, skilled and knowledgeable teachers who use effective instructional practices, strong leadership, a network of support appropriate to the needs and characteristics of young adolescents, ongoing professional learning, and a strong will to succeed.

Benchmarks in the History of Middle-Level Education in New York State

1983: Preparation of the "Resource Monograph on Grade-Level Reorganization."

1984: Preparation of the "Resource Monograph on Middle-Grade Students."

1984: Approval of the Regents Action Plan to Improve Elementary and Secondary Results in New York State.

1984: Preparation of the "Resource Monograph on the Middle Grades."

1989: Adoption of the Original Regents Policy Statement on Middle-Level Education.

1989: Creation of the State Education Department’s Office of Elementary, Middle, Secondary, and Continuing Education.

1989: Formation of the Statewide Network of Middle-Level Education Liaisons.

1989: Establishment of the Regents Challenge for Excellence in Middle-Level Education Program.

Early 1990s:  Participation in the Carnegie Corporation of New York’s Middle Grade School State Policy Initiative to implement the recommendations contained in its TURNING POINTS publication.

1992: Preparation of Volume One of "Promising Programs and Practices in Middle-Level Education."

1993: Preparation of the "Interschool Visitation Guide: Questions to Consider."

1995: Preparation of the Publication, "Implementing Middle-Level Education in Small Rural Schools."

1995: Preparation of Publication, "Scheduling a Middle-Level School."

1996: Preparation of the Publication, "Developing a Mission Statement for a Middle-Level School."

1996: Development of the State’s 28 Intermediate Learning Standards and, Subsequently, the Intermediate Assessments in English Language Arts, Mathematics, Social Studies, and Science.

1996: Preparation of Volume Two of "Promising Programs and Practices in Middle-Level Education."

1997: Development of a Six-Day, Professional Learning Program for Practicing and Prospective Middle-Level Educators: the Middle-Level Education Academy.

1997: Development of a Middle-Level Review Protocol to Be Used to Help Middle-Level Schools Determine the Degree to Which They Are Implementing the Regents Policy Statement on Middle-Level Education (and, Later, the Essential Elements of Standards-Focused Middle-Level Schools and Programs).

2000: Preparation of the Original Essential Elements of Standards-Focused Middle-Level Schools and Programs.

2000: Approval of the Middle Childhood (Grades 5-9) Generalist and Specialist Certification Titles.

2000: Completion of the First Research Study on the Relationship between the Degree of Implementation of the Essential Elements and Student Achievement.

2001: Completion of the Second Research Study on the Relationship between the Degree of Implementation of the Essential Elements and Student Achievement.

2001: Establishment of Middle-Level Education as a Priority of the Board of Regents and the State Education Department.

2002: Development of the Agenda to Improve Middle-Level Education in New York State.

2003: Revision of the Regents Policy Statement on Middle-Level Education.

2003: Revision of the Essential Elements of Standards-Focused Middle-Level Schools and Programs.

2003: Creation of the Statewide Network of Middle-Level Education Support Schools.

2004: Development of Rubrics for the Essential Elements of Standards-Focused Middle-Level Schools and Programs.

2004: Membership of New York State in the National Forum to Accelerate Middle-Grades Reform’s Schools-to-Watch Recognition Program.

2005: Approval by the Board of Regents of the Three-Model Strategy to Implement the Regents Policy Statement on Middle-Level Education.

2005: Amendment of Commissioner’s Regulations to Reflect the Three-Model Strategy to Implement the Regents Policy Statement on Middle-Level Education.

2005: Development of the Middle-Level Indicators of Achievement Checklists for the Non-Tested Content Areas.

2005: Preparation of Protocols for Using the Essential Elements and Their Rubrics to Support School Improvement and Middle-Level Reform.

2006: Identification of the First Cohort of Middle-Level Schools to Be Selected for New York State’s Essential Elements: Schools-to-Watch (EE: STW) Recognition Program.

2006: Identification of the Middle-Level Schools that Prepared Successful Model B and Model C Application Proposals.

2006: Start of Grades 5-8 Testing in both English Language Arts and Mathematics as Mandated by NCLB.

2006: Start of a Statewide Longitudinal Research Study of the Three-Model Strategy and the Implementation of the Regents Policy Statement on Middle-Level Education.

Program Requirements for the Middle Grades (Grades 5 – 8)

Grades 5 and 6:.

All students shall receive instruction that is designed to facilitate their attainment of the State intermediate learning standards in the seven general curriculum areas: mathematics, including arithmetic, science, and technology; English language arts, including reading writing, listening, and speaking; social studies, including geography and United States history; Languages other than English (pursuant to section 100.2(d) of Commissioner’s Regulations); the arts, including visual arts, music, dance, and theatre; career development and occupational studies; where student need is established, bilingual education and/or English as a second language; health education, physical education and family and consumer sciences with health education pursuant to section 135.3(b) of Commissioner’s Regulations and physical education pursuant to section 134.4(c)(2)(i) of Commissioner’s Regulations.

Grades 7 and 8:

All students shall be provided instruction designed to enable them to achieve, by the end of grade eight, State intermediate learning standards through:

• English language arts, two units of study;
• Social studies, two units of study;
• Science, two units of study;
• Mathematics, two units of study;
• Career and Technical Education, one and three quarters unit;
• Physical education as required by section 135.4(c)(ii) of Commissioner’s Regulations (basically, every other day);
• Health education, one half unit of study as required by section 135.3(c) of Commissioner’s Regulations;
• The arts, including one half unit of study in the visual arts, and one half unit of study in music;
• Library and information skills, the equivalent of one period per week in grade seven and eight;
• Languages other than English pursuant to section 100.2(d) of Commissioner’s Regulations;
• Career development and occupational studies.

Flexibility Available to All Schools with Middle-Level Grades in Section 100.4 of Commissioner’s Regulations (Model A)

Unit of study (seat time) vs. unit of credit (achievement). Units of study, not units of credit, are applicable to the middle grades (specifically, grades 7 and 8). Unit of study requirements for the middle grades are to be met "by the end of grade 8." The unit of study requirements for technology education and/or home and career skills may be initiated in grade 5, provided that such subjects shall be taught by teachers certified in those areas. The unit of study requirement for languages other than English may be initiated in any grade prior to grade 8. Students who have been determined to need academic intervention services may have the unit of study requirements for one or more of their subjects reduced (but not eliminated). A student may meet the required half unit of study in music by participation in a school’s band, chorus, or orchestra, provided that such participation is consistent with the goals and objectives for the school’s music program for grades 7 and 8. The half unit of study requirement for health education may be provided in grade 6, provided that such subject shall be taught by teachers certified in health education. Library and information skills instruction provided the equivalent of one period per week in grades 7 and 8. Students in grade 8 shall have the opportunity to take high school courses in mathematics and in at least one of the following areas: English, social studies, languages other than English, art, music, career and technical education subjects, and science courses. Incidental teaching assignment.

Additional Flexibility Available Under Section 80-5.12 of Commissioner’s Regulations:

(NOTE: This flexibility is not automatic; districts must apply for it)

When a school district is granted an Experiment in Organizational Change (or, as it is commonly called, "Experimental Middle School Status") under Section 80-5.12 of Commissioner’s Regulations, the assignments permissible pursuant to this regulation are:

A certified elementary school teacher (i.e., a teacher of the common branch subjects) may provide instruction in one or more of the common branch subjects exclusive of those defined as special subjects in grades seven and/or eight of a middle or intermediate school; and

A certified teacher of a secondary academic subject may provide instruction only in the academic subject for which he or she is certified in grades five and/or six of a middle or intermediate school.

The links below offer guidance documentation to assist districts in preparing Middle Level Model B, C1, and C2 applications.

Model B Rubric    

Model C1 Rubric     

Model C2 Rubric      

In February 2005, the Board of Regents approved a three-model (Models A, B and C) strategy to implement the Regents Policy Statement on Middle-Level Education, Supporting Young Adolescents.  To support school districts and their schools with middle grades, regardless of which model they seek approval to implement, the Department has developed the Middle Level Indicators of Achievement Checklists.  These checklists of knowledge and skills assess the strengths and limitations of programs in the non-tested areas, to facilitate student achievement of the  New York State Learning Standards .

Middle Level Achievement Checklist Documents

• Family and Consumer Sciences – Home & Career Skills  
• Health Education
• Library Media
• Music Education
• Physical Education
• Technology Education
• Visual Arts Education  

Introduction   

In February 2005, the Board of Regents approved a three-model (Models A, B and C) strategy to implement the Regents Policy Statement on Middle Level Education.  In May 2005, the Regents amended Commissioner’s Regulations to reflect the three model strategies.

A school that submits a Model B or Model C application must document alternative strategies which ensure that students receive instruction in all 28 of the New York State Learning Standards, including those in the non-tested* areas (Commissioner’s Regulation 100.1(t)).  Applicants may seek relief from time requirements, but middle level schools cannot eliminate instruction in any standards area. Examples of alternative ways to meet the New York State Learning Standards include integrating instruction with other standards areas, team teaching across subject areas, mini-courses, etc.

To support school districts and their schools with middle grades, regardless of which model they seek approval to implement, the Department has developed the Middle Level Indicators of Achievement Checklists.  These checklists of knowledge and skills assess the strengths and limitations of programs in the non-tested areas to facilitate student achievement of the New York State Learning Standards.   

* A non-tested area is a content/program area that does not have a required State assessment(s).

How to Use the Checklists     

The Middle Level Indicators of Achievement Checklists are tools to provide practical guidance to school districts.  Administrators and instructional staff should use the checklists to assess their instructional programs to determine areas of strength and alignment with the appropriate State learning standards and to identify areas where there are instructional program gaps that put students at risk of not meeting the New York State Learning Standards (Commissioner’s Regulation 100.1(t)).

Each checklist serves two important functions:  It is a blueprint to communicate the high expectations of program quality.  It is also a program self-assessment tool that local educators can use for program improvement.  A strong education program, well supported by the school district and aligned with the State learning standards, is the essential foundation for ensuring student attainment of the New York State Learning Standards. 

This document contains a checklist for each of the non-tested content areas.  Administrators and instructional staff will use a four-point rubric to evaluate the program indicators on the checklists.  The checklists also include an Acceptable Evidence column, where schools will list program- and student-based evidence for determining the program’s effectiveness in helping students meet and exceed the New York State Learning Standards.  Each checklist will have common program indicators.   Some of the checklists have modified program indicator names and additional program indicators that reflect the individual and unique qualities of the content areas.   These additional indicators have been included based on feedback from our Middle Level Indicators of Achievement Checklist Advisory Committee.   Additionally, some content areas have reprioritized the order of their program indicators.   However, all program indicators must be assessed to ascertain a program’s level of achievement in meeting the New York State Learning Standards. 

The common program indicators included on each checklist are:

• Student Performance
• Collaboration
• Curriculum/Integration            
• Youth Development                 
• Professional Staff
• Administrative Support
• Scheduling/Student Access
• Instructional Technology
• Facilities/Equipment
• Resources/Collections

In 1996, the Board of Regents adopted a set of learning standards and performance indicators that emphasize a variety of intellectual skills that ask all students, prekindergarten through 12th grade, to compare and contrast ideas, identify cause and effect, draw inferences and make conclusions, evaluate evidence, probe assumptions, maintain a skeptical attitude toward questionable arguments, distinguish fact from opinion and handle diverse interpretations and perspectives.  The Department, working with many teachers across the State, developed and issued core curricula aligned to the New York State Learning Standards, which outlines the topics and skills that must be incorporated into local school curriculum and instructional practice. 

The core curriculum respects the tradition of local choice in New York State that empowers educators to select textbooks and materials and use a rich array of instructional strategies and activities to meet individual student learning needs.  The core curricula are designed to provide assistance, while allowing for creativity in the development of local curriculum and instructional programs.  The New York State Learning Standards, performance indicators and the core curricula are the foundation upon which local school districts develop their curriculum and make determinations regarding instructional practice. The Department encourages curriculum development that promotes deep understanding of content as opposed to rote drill and memorization.  We continually encourage local curriculum design and instructional practice that promotes students’ abilities to problem solve and use information for critical analysis and conceptual understanding. 

The Department will also begin to design a strategy to update course content in the non-tested content areas.  Curriculum guidance for Home & Career Skills and Technology Education will be reviewed and updated beginning in summer 2005.

A quality program environment is a factor that ensures student attainment of the New York State Learning Standards.  Results will be reported in the meeting minutes of the local school board, and annually by the district and middle level schools to the State Education Department.  Those reports will include information on the:

implementation of the Model B, C-1 or C-2 proposal contained in the approved application; measurable indicators/evidence of school change and improvement as proposed in the application (which may be all or some of the evidence from the SED-approved research-based survey instruments used to collect a common set of data from all Model B, C-1 or C-2 schools); school’s Performance Index; State-developed checklists of knowledge and skills in those areas where there are no State assessments; and compliance with the six Educational Conditions outlined in the application package.

As we continue to work with our field representatives, additional information, including topics regarding students with disabilities and English language learners, will be addressed.

Action Plan Template

The Action Plan Template, on the final page of each checklist, is a companion tool to the checklist.  School districts should use the Template to identify areas where there are gaps in their programs and to list strategies to close the gaps.  The Template also includes a timeline for implementing strategies, the staff person responsible, projected costs and anticipated funding sources.

Additional Resources  

Additional resources, including existing resources that teachers can use to strengthen and enrich their programs, follow each checklist.  State-developed resources, including the New York State Learning Standards for each non-tested content area, are listed first, followed by national resources, international resources, and resources produced by the content area professional organizations.  Links to listed documents have been included, where available.

Links to information created and maintained by other public and private organizations are included in this document. These links are provided for the user's convenience. The Education Department does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of links to particular items is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.

Board of Regents Middle Level Policy and Definitions of the Three Model Strategies

Board of Regents Strategy to Implement the Middle Level Policy Description of Models A, B, C-1, and C-2

• Model A (Comply with Existing Regulations):
• Districts would continue to comply with the current regulations, making full use of the existing flexibility provisions in the regulations (e.g., offering exploratory courses in grade 6). 
• Model B (Strengthen the Academic Core): 
• Districts would be able to propose a program that strengthens core academic subjects and effective academic intervention services.  This program will provide all students with exploratory subjects that address the learning standards, are of high interest to students, and further reinforce core academic learning.
• Model C (Restructuring or Building on Success): 
• C-1 - Districts would be able to propose new ideas for restructuring the full educational program or
• C-2 - Districts would be able to propose specific program enhancements and be granted relief from programmatic regulatory requirements, while ensuring that all students receive opportunities to achieve all of the New York State Learning Standards. 
• Model C is based, in part, on the Next Generation Schools proposal in the May 2004 report to the Regents.  It is designed to enable schools to engage in a planned and thoughtful process of innovation and experimentation, based upon their need and capacity, and to document successful implementation of programs that could be replicated in other schools.

Schools submitting a Model B or Model C application must document alternative strategies that ensure students receive instruction in all 28 of the New York State Learning Standards, including those in the non-tested areas.  Examples of alternative ways to meet the standards include integrating instruction with other standards areas, team teaching across subject areas, offering mini-courses, etc.

Applicants may seek relief from time requirements, but not from instruction in the standards areas.  In their applications, districts must demonstrate that these alternative strategies will result in meeting the State learning standards at the intermediate level. 

There are several requirements with which the applicants must comply to receive approval of their applications, including adhering to the design principles, providing evidence of consultation with and identifying concerns of the shared decision-making team, completing a self-study process (required for Model B and Model C-1) and meeting school improvement plan requirements.

The Department will not approve any application that requests to eliminate instruction in a standards area. 

New York State Learning Standards

The New York State Learning Standards for the non-tested content areas is the first item included under Additional Resources for each Middle Level Indicators of Achievement Checklist.

Questions and Answers About the Middle Level Indicators of Achievement Checklists

Is there a requirement for the Middle Level Indicators of Achievement Checklist in the Middle Level Education Application?

Answer:  No; however, district personnel are encouraged to use the Checklist to create a baseline to evaluate the success and impact of the program, and to use it annually to monitor program progress and student achievement.

Who completes the Checklist?

Answer:  Administrators, teachers and members of the shared-decision making team should be involved in completing the Checklist.

Is the Checklist about student performance or program performance?

Answer:  The 10 common program indicators and the rubrics are essential parts of every instructional program. However, while the Student Performance indicator has student-based evidence, the other indicators have program-based evidence that link program effectiveness to student achievement of the New York State Learning Standards.

Why is there a focus on program rather than on what students know and can do?

Answer:  Evidence should show that student achievement meets the New York State Learning Standards. A well-developed program is necessary for student attainment of the New York State Learning Standards.

What types of information would be examples of acceptable evidence in a content area for each of the Checklist categories?

Answer:  Examples of acceptable evidence should illustrate or demonstrate that the instructional program or student achievement meets the New York State Learning Standards for the content area. As an example, for Music Education, acceptable evidence would be: NYS School Music Association (NYSSMA) solo/ensemble ratings, NYSSMA Major Organization ratings, school schedule, music budget, increasing or stable numbers of students in the performing organizations, and student population well represented in the music program.

Will the non-tested content areas be less visible if there is a focus on integration and collaboration?

Answer:  The quality and level of the guidance that you provide will stimulate local initiative and drive the quality of the program. An annual report will be presented to the Board of Regents.

Is there a strategy for the Department to update course content in the non-tested areas as outlined in the February 2005 Report to the Board of Regents?

Answer:  Yes; curriculum guidance for Home & Career Skills and Technology Education will be reviewed and updated beginning in summer 2005. A schedule for review and update of the course content in the other non-tested areas is under review.

Related Links

Home and Career Skills

NYS Middle School Association

National Forum to Accelerate Middle Grades Reform

Association for Middle Level Education

National Schools to Watch

Acknowledgements

Many teachers and administrators contributed to the development of the Middle Level Indicators of Achievement Checklists.  We are very grateful for the time and expertise contributed to the development of this document.  Listed below are the names of those educators representing Health Education, Home & Career Skills, Library Media, Music Education, Physical Education, Technology Education and Visual Arts Education who submitted or reviewed the materials that appear in this document, as well as the names of Department staff who contributed to its development.

Name School/Organization

• Niels Andersen/Lockport Central School District
• Rick Amundson/Webster Central School District
• Heather Bacon/Genesee Valley BOCES
• Pat Barbanell/Schenectady City School District
• Gary Bates/Lawrence Central School District
• Jessica Bayer/Hewlett-Woodmere School District
• Jane Berzner/Valley Stream Central School District #24
• Bob Binggeli/Newark Central School District
• James J. Cassara/Northport Central Schools, Retired
• Dodie Cechnicki/Schenectady City School District
• Colleen Canorro Corsi /New York State Association of Health, Physical Education, Recreation and Dance
• Jennifer Childress/College of St. Rose
• Rhonda Cole/New York City Public Schools
• Katie Colletti/Creative Possibilities, Woodstock, NY
• Linda Cooper/Pratt Institute
• Mary Jeanne/Dicker Guilderland Central Schools
• Owen Donovan/SUNY Cortland
• Gary English/New York Statewide Center for Healthy Schools
• Rosanna Frank/Family and Consumer Science Association
• Jeanne Gray/Webster Central School District, Retired
• Kim McLaughlin/Genesee Valley BOCES
• Alta Jo Longware/Ausable Central School District
• Jennifer Matott/Liverpool High Central School District
• Catherine Marriott/Orchard Park Central Schools
• Judy Marsh/Wayne Finger Lakes BOCES
• William J. Mercer/Liverpool Central School District, Retired
• Kerry A. Mero/Elizabethtown Lewis Central School District
• Greg Montague/Clarkstown Central School District
• Kate Nichol/Chatham Central School District
• James Orgar/Brighton Central School District
• Donna Tuman /Long Island University, C W Post Campus
• Michael Parks/Buffalo State University
• Theresa Phillips/Oneida Central School District
• Rosemarie Posillico/Shenendehowa Central School District
• Mary Ratzer/Shenendehowa Central School District, Retired
• Charlene Reagan/Mamaroneck Central School District
• JoAnn Sabourin/Waterford Central School District
• Dawn Scagnelli/Scotia Glenville Central School District
• Natalie Schifano/The School of Visual Arts, New York, New York
• George H. Smith/Bethlehem Central School District
• Rocco Staino/North Salem Central School District
• Barbara Stripling/New York City Public Schools
• Linda Traynor/Pittsford Monroe Central School District
• Linda Tuggey/Utica City School District
• Janet Tully-Kuzman /Guilderland Central School District
• Patrick Veltri /Kenmore Tonawanda Central School District
• Shirley Ware/New York State Association of Family and Consumer Sciences
• Susan Westover/New York City Public Schools
• Rod Wheeler/North Colonie Central School District
• Ronald Whitcomb/Victor Central School District
• Barbara Wurz/Scotia Glenville Central School District
• Kathy Bunney/New York State Education Department
• Mary Ellen Colella/New York State Education Department
• Judith Golombiski/New York State Education Department
• Kent Gray/New York State Education Department
• Patricia Kocialski/New York State Education Department
• Edward Marschilok/New York State Education Department
• Gordon Odermann/New York State Education Department
• Helen Paruolo/New York State Education Department
• David A. Payton/New York State Education Department
• Frances Roscello/New York State Education Department
• Alan Silverman/New York State Education Department
• Eric Suhr/New York State Education Department
• Patricia Webster /New York State Education Department

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Rep. Stefanik files misconduct complaint against Judge Juan Merchan over ‘random’ assignment to Trump’s NYC trial

R ep. Elise Stefanik (R-NY) filed a misconduct complaint Tuesday against the judge overseeing Donald Trump’s Manhattan hush money trial, alleging that his selection to handle the former president’s case — and others involving his allies — is “not random at all.” 

The House Republican Conference chairwoman’s complaint with the inspector general of the New York State Unified Court System called for an investigation into Justice Juan Merchan “to determine whether the required random selection process was in fact followed.” 

“The potential misconduct pertains to the repeated assignment of Acting Justice Juan Merchan, a Democrat Party donor, to criminal cases related to President Donald J. Trump and his allies,” Stefanik wrote.

“Acting Justice Merchan currently presides over the criminal case against President Trump brought by Manhattan District Attorney Alvin Bragg,” she said.

“Acting Justice Merchan also presided over the criminal trial against the Trump Organization and will be presiding over the criminal trial of Steve Bannon, a senior advisor in President Trump’s White House and a prominent advocate for President Trump,” Stefanik continued, noting that there were at least two dozen sitting justices eligible to oversee the cases but Merchan – an acting jurist – was selected for all three related to the presumptive 2024 GOP nominee for president and his allies. 

“If justices were indeed being randomly assigned in the Criminal Term, the probability of two specific criminal cases being assigned to the same justice is quite low, and the probability of three specific criminal cases being assigned to the same justice is infinitesimally small. And yet, we see Acting Justice Merchan on all three cases,” Stefanik argued.

The congresswoman also highlighted the judge’s political donations, for which he was cleared of misconduct last July by the New York State Commission on Judicial Conduct. 

Merchan contributed $15 earmarked for the “Biden for President” campaign on July 26, 2020, and then the following day made $10 contributions to the Progressive Turnout Project and Stop Republicans each, Federal Election Commission records show

The donations were made through ActBlue, the Democratic Party’s preferred online fundraising platform. 

The Progressive Turnout Project’s stated mission is to “rally Democrats to vote,” according to the group’s website. 

Stop Republicans is a subsidiary of the Progressive Turnout Project and describes itself as “a grassroots-funded effort dedicated to resisting the Republican Party and Donald Trump’s radical right-wing legacy.”

The judge’s daughter, Loren Merchan, is more involved in Democratic politics – through her work as head of the consulting firm Authentic Campaigns — and Stefanik argued in her missive that Loren Merchan’s “firm stands to profit greatly if Donald Trump is convicted.” 

“One cannot help but suspect that the ‘random selection’ at work in the assignment of Acting Justice Merchan, a Democrat Party donor, to these cases involving prominent Republicans, is in fact not random at all,” the New York Republican lawmaker wrote. 

Stefanik demanded an investigation into the “anomaly” and asked that anyone found to be involved in any sort of “scheme” to get Merchan on the three cases face discipline.