Over-Age Middle School Students

TABLE OF CONTENTS Your Educational Rights... 3 Promotion Requirements... 4 Transfer Requirements... 6 Programs for Over-Age Middle Schoolers Middle School Options... 8 High School Options... 11 High School Equivalency (formerly GED) Programs... 14 Extracurricular Programs... 15 About Advocates for Children/Contact Us... 16 This guide does not constitute legal advice. It attempts to summarize existing policies or laws without stating the opinion of AFC. If you have a legal problem, please contact an attorney or advocate. 2

Who are over-age students? Over-age students are one or more grades behind their same-age peers in school. Over-age students might have been held back one or more times, or may have been out of school for a significant period of time. This guide focuses on over-age students in grades 6, 7, and 8 and explains their rights and options in school. Your Educational Rights For details, see Chancellor s Regulation A-101, available at schools.nyc.gov/rulespolicies/chancellorsregulations. Students must stay in school until the end of the school year in which they turn 17. This means that if a student turns 17 on or after July 1st, he or she must stay in school until June of the following year. Students may stay in school or return to school until the end of the school year in which they turn 21 or until they get a high school diploma, whichever comes first. Schools cannot discharge students because of poor attendance until after the school year in which the student turns 17. After the end of the school year in which a student turns 17, schools may discharge a student who has been absent for 20 consecutive school days. Discharged students have the right to re-enroll at any time until the end of the school year in which they turn 21. Middle schools cannot refuse to enroll or re-enroll a student because he or she is too old. In general, students have the right to return to their middle school within one calendar year, so long as they are still eligible based on their current address and there are still seats available. Once a student has been promoted to the 9th grade, the Family Welcome Center (formerly the Office of Student Enrollment) cannot refuse to assign a student to a regular high school because he or she is too old. The Family Welcome Center (FWC) must assign students to a school where they can enroll immediately. The FWC may not force students to apply to transfer high schools or a high school equivalency (previously called GED) program. 3

PROMOTION REQUIREMENTS Like all middle school students, over-age students must be promoted to the 9 th grade by their middle school before they can enroll in a NYC high school. For details, see Chancellor s Regulation A-501, available at schools.nyc.gov/rulespolicies/ ChancellorsRegulations General Promotion Requirements In June, the middle school will determine if a student is going to be promoted to the next grade. Promotion decisions for 6th, 7th, and 8th graders will be based on whether the student has made enough progress toward meeting English Language Arts (ELA) and Math standards. Schools can consider state test scores, grades, report cards, samples of the student s writing, projects and/or assignments when making this decision. But, as of June 2014, promotion decisions cannot be based only or mostly on state test scores. To be promoted from 8 th grade to 9 th grade, students also must pass their English, Math, Science, and Social Studies classes either during the school year or during summer school. Students with Individualized Education Programs (IEPs) have to meet all of the promotion requirements described in this guide unless they have modified promotion criteria listed on their IEP. Students with modified promotion criteria who are not promoted in June will be recommended for summer school and their promotion will be decided in August. Students whose native language is not English have specific promotion requirements. For more information, see AFC s guide to Promotion Policy in NYC Public Schools for English Language Learners at www.advocatesforchildren.org/sites/default/files/ library/promotion_policy_for_ells_k-8.pdf. June Promotion Review For students who do not meet the requirements above, there is a June Promotion Review. 1. The school must put together a promotion portfolio with assessments and student work that show whether the student met the grade-level standards. 2. Next, the teacher evaluates this portfolio and makes a recommendation. 3. Finally, the principal will review the promotion portfolio. If the principal determines that the student met the minimum grade-level benchmarks, the student will be promoted in June. If not, the student will be recommended for summer school. 4

The principal must share the portfolio results with the student s parents and tell the parent that the student is being referred to summer school. The parent should receive this information by mail before the end of the school year. However, a student will not be promoted simply because the parent did not receive this notice. August Promotion Review At the end of summer school in August, the principal will review the student s June promotion materials and summer school work. If the principal decides that the student has met promotion standards, the student will be promoted to the next grade. Eighth grade students who attend summer school and pass their required summer school core courses will be promoted to the 9 th grade. Special rules apply to students who have been retained in the last 3 grade levels or who are 2 or more years over-age. Even if these students have not met all of the promotion requirements, principals may recommend these students for promotion if they show progress on tests, assignments or other school work. Families will get a letter in the mail in mid-august letting them know whether their child was promoted. Appealing a Promotion Decision What if I am not promoted from the 8 th grade? Students who are not promoted from grade 8 are supposed to get additional time and support to meet 8 th grade standards. Each school must provide repeating 8th graders with a structured setting in which intensive intervention will lead to meeting the promotion requirements. Families should talk to their principal or guidance counselor to find out what interventions are available to make sure their child can be promoted to high school. If the family disagrees with the promotion decision, the parent may write a letter to the principal in August requesting an appeal. The principal and the superintendent will review this appeal and the superintendent will make a final determination by the end of August. Mid-Year Promotion Appeals In exceptional circumstances, superintendents have considered promotion appeals at other times in the year. If your child is significantly over-age for their grade, speak to their principal or superintendent about options for mid-year promotion. If you need additional assistance, contact promotion@schools.nyc.gov or AFC s Helpline (see p. 19). 5

TRANSFER REQUIREMENTS Some over-age middle school students may want to request a transfer to a new middle school. The following section describes when a student can transfer and what is required. For more details, see Chancellor s Regulation A-101, available at schools.nyc.gov/rulespolicies/chancellorsregulations. Travel Hardship Transfers Travel Hardship Transfers are available to high school students who must travel more than 75 minutes one way to school or who have to make more than 3 transfers on public transportation. In order to apply, the family must provide: 1. Proof of address (for example, a utility bill or tax return). 2. Statement asserting it takes more than 75 minutes one way to travel to school. If you are unsure of the exact distance from your house to the school, check the MTA s TripPlanner (tripplanner.mta.info), as this is the same website that the DOE uses when determining travel hardships. Safety Transfers Safety Transfers are available to a student who has been the victim of a violent incident at school or who believes that he or she is in danger by remaining at their school. While a student has the right to request a safety transfer even if a specific incident has not occurred, it is very difficult to get a transfer without documentation of the specific danger the student faces by remaining at their school. This documentation could include a police report from the local police precinct, medical records, threatening texts, emails, or print-outs of other electronic messages. In order to apply for a safety transfer, the school must submit: 1. An occurrence report, created by the school; 2. A safety transfer intake form; 3. A safety transfer summary of the school s investigation; and 4. Any supporting documentation. For more details about safety transfers, see Chancellor s Regulation A-449, available at schools.nyc.gov/rulespolicies/chancellorsregulations. 6

Medical Transfers Medical Transfers are available to students who have a documented medical condition that would be addressed by a change in school. A medical transfer may be appropriate in cases of physical disability or pregnancy where a student needs an accessible school or a school closer to medical providers, or in cases of severe anxiety caused by the school environment. To apply, the parent must submit documentation signed by a doctor on the medical provider s letterhead that states the student s medical condition and the reason the transfer is required. NOTE: Parents will be asked to sign a HIPAA release form. The DOE may contact the student s doctor for further information. No Child Left Behind (NCLB) Transfers / Public School Choice (PSC) Program While other types of transfers are available at any time, NCLB transfers are only available in the spring. Students can apply for these transfers if they attend a school designated by the state as a Phase Out, Focus, or Priority school. Transfers are not guaranteed and depend on availability. The NCLB transfer process is as follows: 1: Schools mail transfer packets to families of eligible students in the spring 2: Parents interested in transfers must mail in completed forms by the deadline. 3: Parents will receive notices in early summer informing them if the DOE has granted the transfer. Parents may accept or reject the new school. 7

PROGRAMS FOR OVER-AGE MIDDLE SCHOOLERS: Middle School Options While over-age middle school students have the right to stay at their middle school until they are promoted to high school, these programs are available to students who need to find a different school setting. Over-age middle school students are not eligible for transfer high schools. Outreach Academy www.opiny.org/outreach-treatment/adolescent-outpatient/outreach-academy The Outreach Academy program is part of the Department of Education s ReStart Academy. This program provides a safe, structured, and therapeutic school environment for students impacted by substance abuse, behavioral challenges, or courtinvolvement. Middle school students between the ages of 12 and 16 who have substance abuse treatment needs and/or a family member with a history of substance abuse are eligible. The school has rolling admissions; interested students should contact the program directly and speak with Kerri-Lynne Black. ADDRESS: 117-11 Myrtle Avenue Richmond Hill (Queens), NY 11418 PHONE: 718-849-6300 x2101 EMAIL: kerryblack@opiny.org New Directions Secondary School (NDSS) http://ndssonline.org/ NDSS is a school for over-age middle and high school students in the Bronx. Currently, the school has 6 th through 9t h grade, but plans to expand to the 12 th grade. The school offers classes of 15 students with 1 or 2 teachers, Spanish bilingual classes, ESL classes, daily small group advisory classes, and daily individual counseling. Students must be at least 1 year over-age to apply. The school gives preference to students in District 7, 9 and 10, but will accept other students from the Bronx. Applications are accepted on a rolling basis. To apply, students should attend one of the school s Open Houses, which are scheduled throughout the year, and complete an intake. For more information, contact the school s intake staff, Froylan Figueroa or Sam Bromfield. ADDRESS: 240 East 172 nd Street PHONE: 718-410-4343 (ext. 0 or 1012) Bronx, NY 10457 EMAIL: FFigueroa2@schools.nyc.gov or SBromfield@wediko.org 8

ROADS Charter High School http://roadsschools.org ROADS is a charter school that accepts 15- and 16-year-old students who have not yet been promoted to the 9 th grade. Students must have been promoted from the 7 th grade to apply. The school has sites in Brooklyn and the Bronx. They take applications all year, and students are accepted from the waitlist at the beginning of each semester. ROADS gives priority to students who are court-involved, are in foster care or get preventive services, or who live in temporary housing. Interested students should apply online or can send a completed paper application by mail, fax, or in person. ROADS Charter School I (Brooklyn) ADDRESS: 1495 Herkimer Street Brooklyn, NY 11233 PHONE: 718-280-9819 FAX: 718-498-0604 EMAIL: roadsbrooklyn@roadsschools.org or info@roadsschools.org ROADS Charter School II (Bronx) ADDRESS: 1010 Rev. James A Polite Ave. Bronx, NY 10459 PHONE: 718-861-7515 FAX: 718-861-7518 EMAIL: roadsbronx@roadsschools.org or info@roadsschools.org Back on Track Back on Track is for 8 th graders between the ages of 14 and 17 who live in Brooklyn and have been held back at least once. Back on Track students receive wraparound services, including mental health counseling from a full-time social worker, to help them meet 8 th grade promotion requirements so they can move on to high school. The program is in the same building as W.E.B. Dubois Academic High School. Interested students should contact the program directly and speak with Yanira Cortijo. ADDRESS: 402 Eastern Parkway (Entrance on Union St. at Bedford Ave.) Brooklyn, NY 11225 PHONE: 347-853-0680 or 718-250-2316 EMAIL: ycortijo@schools.nyc.gov 9

ReStart Academy Like Back on Track (pg. 9), these programs are located in high school buildings and are intensive 8th grade programs for students who are over-age. 7th grade students born in 1999 and 2000 may also be accepted on a case-bycase basis. Interested families should contact programs directly for more information. Students who meet 8th-grade promotion standards may be promoted to high school after one semester. For information about enrolling, contact the ReStart office at 212-262- 1421. ReStart Academy @ Mott Haven Community HS ADDRESS: 455 Southern Blvd. Bronx, NY 10455 ReStart Academy @ Liberation Diploma Plus HS ADDRESS: 2865 West 19th Street Brooklyn, NY 11224 ReStart Academy @ Maxwell HS ADDRESS: 145 Pennsylvania Ave Brooklyn, NY 11207 ReStart Academy @ Channel View School For Research ADDRESS: 100-00 Beach Channel Dr. Rockaway Park (Queens), NY 11694 ReStart Academy @ Flushing HS ADDRESS: 35-01 Union St. Flushing (Queens), NY 11354 10

PROGRAMS FOR OVER-AGE MIDDLE SCHOOLERS: High School Options All 8th graders, including over-age students, should participate in the high school admissions process. Middle schools should give out the high school application in mid- October. Applications are due in December and students will be offered a high school in Early March. In March, 8th grade students can apply again for Round 2 and will be offered a high school in May. Ninth grade students who did not participate in this process can go to the Family Welcome Center to be assigned a high school. The Family Welcome Center cannot refuse to assign a student to a regular high school because he or she is too old. The Family Welcome Center also cannot force students to apply to transfer high schools or enroll in a high school equivalency (previously called GED) program. Because students have the right to remain in high school until the end of the school year in which they turn 21, even students who start a 4-year high school program at age 17 have enough time to finish high school before they age out. The following high schools may be of particular interest to first-time 9 th graders who are over-age: High School for Excellence and Innovation http://schools.nyc.gov/schoolportals/06/m423/default.htm This high school accepts first-time 9 th grade students who have been held back once or twice in elementary or middle school. It is a small high school with small classes that provides individualized support to students. High School for Excellence and Innovation has a trimester schedule and accepts students at different points throughout the year. To apply for 2015-16, 9th graders must have been born in 1999. Interested students should contact the parent coordinator at the telephone number below for more information and to schedule an interview. ADDRESS: 650 Academy Street PHONE: 212-569-1022 New York, NY 10034 FAX: 212-569-1190 11

Brooklyn Frontiers High School www.brooklynfrontiers.org This school accepts first-time 9th graders who have been held back at least twice and will turn 16 by December of their 9th grade year. It provides students with small classes, online courses and other tools to address each student s academic needs and interests. Brooklyn Frontiers offers project-based electives and paid internships. To be considered for admission, students and their parent/guardian must meet with a school staff member. Admitted students also must attend an orientation session. Applications are accepted over the summer and if spots are not full before school starts, they will have a rolling admissions process until all spots are filled. Interested students should call the number below to schedule an intake appointment. ADDRESS: 112 Schermerhorn Street Brooklyn, NY 11201 PHONE: 718-722-4727 W.E.B. DuBois Academic High School http://schools.nyc.gov/schoolportals/17/k489/default.htm This transfer school serves high school students who are over-age for their grade. In general, students must be 16 years old and have attended another high school for at least one year before applying. However, the school does accept 16-year-old, first-time 9 th graders on a caseby-case basis. They accept new students at different points throughout the year. Interested students should contact the school directly. ADDRESS: 402 Eastern Pkwy Brooklyn, NY 11225 PHONE: 718-773-7765 (ext. 515 for the guidance counselor) FAX: 718-773-7849 ROADS Charter High School This school also accepts 15- and 16-year-old 9 th graders. Refer to page 9 for more information. 12

Broome Street Academy www.broomestreetacademy.org This charter high school is housed at the Door, a youth services organization in downtown Manhattan that offers a variety of after-school programs. Because the school does not offer any options to earn credits more quickly than at a regular high school, the school is most appropriate for first-time 9 th graders who are no more than one year over-age. The school gives admissions preference to students in temporary housing, and to students who have been in foster care or received preventive services. Applications for the lottery are due by April 1st. Interested families should call or email Jean-Yves Lafond at the contact information below. ADDRESS: 555 Broome Street New York, NY 10013 PHONE: 212-453-0295 x3460 EMAIL: jlafond@broomestreetacademy.org John V. Lindsay Wildcat Academy www.jvlwildcat.org This charter high school is for students ages 16 to 21 who have struggled with attendance, academic achievement, behavior or court involvement. The school has learning teams, a school to work internship program, and gives students freedom to earn credits on an accelerated schedule. The Bronx campus accepts students who have 0 22 credits, with lottery submissions throughout the year. Their application is online at http://www.jvlwildcat.org/www/84m707/site/hosting/forms/ JVL_StudentLottery_app.pdf and should be returned to the school. ADDRESS: 1239 Lafayette Ave., 3rd Fl. Bronx, NY 10474 PHONE: 212-209-6119 FAX: 212-918-0750 EMAIL: hmitchell@jvlwildcat.org 13

HIGH SCHOOL EQUIVALENCY PROGRAMS (formerly GED Programs) High School Equivalency (HSE) programs are another option for middle school students ages 17 and older. The Test Assessing Secondary Completion (TASC) replaced the GED exam in 2014. High School Equivalency programs prepare students to pass the TASC examination so they can earn their high school equivalency diploma. HSE programs are not a quick fix; it can take well over a year for students to prepare for the TASC. Additionally, students with disabilities will not receive all of their special education services while in a HSE program. Department of Education HSE Programs The Department of Education (DOE) offers free HSE programs in all five boroughs to students ages 17 to 21. Full-time and part-time programs are available. To enroll, visit any Referral Center (see below) between 8:30 and 2:30. Students 18 and over can sign up for HSE programs on their own; 17-year-olds need a parent or guardian with them to enroll. Students should bring a photo ID and copies of their transcript and Individualized Education Program (IEP), if they have them. At the Referral Center, students will meet with a counselor, take a placement test, and be assigned to a HSE program that meets their needs. A full list of sites can be found here: http://tinyurl.com/doehse. Referral Centers Bronx 1010 Rev. James Polite Ave., Room 436 Bronx, NY 10459 718-518-3320 Midtown Manhattan 269 West 35th St. (at 8th Ave.), 11th Floor New York, NY 10015 212-244-1274 Staten Island 450 St. Marks Pl. Staten Island, NY 10301 718-273-3225 14 Bedford-Stuyvesant, Brooklyn 832 Marcy Ave., 2nd Floor Brooklyn, NY 11216 718-636-5770 Downtown Brooklyn 69 Schermerhorn St. Brooklyn, NY 11201 718-935-9457 Queens 162-02 Hillside Ave., Room 109 Jamaica, NY 11432 718-739-2100

Other HSE Programs Many other community organizations offer programs to prepare students for the TASC. Some also offer internship or job-training programs in combination with their HSE programs. With all of the quality, free programs in New York City, students should never have to pay for a High School Equivalency program. While many of these programs are designed for adults, some accept students as young as 16. Families should contact programs directly for more information. For a full list of High School Equivalency programs, visit: www.acces.nysed.gov/ged/nys_map/counties_tableprep.html. The link below lists Out-of-School Youth Programs for students ages 16-21. In addition to job training, many of these programs offer on- site High School Equivalency programs. Please note that this list was last updated in 2012. Families should contact the programs directly for more information. www.advocatesforchildren.org/sites/default/files/on_page/np_osy_programs.pdf EXTRACURRICULAR PROGRAMS FOR OVER-AGE MIDDLE SCHOOLERS Tomorrow s Leaders NYC www.tlnyc.org This after-school program in East New York, Brooklyn supports over-age middle school students academically, socially and emotionally. Staff work with students both in school and after school from 3-7pm. The program offers tutoring, homework help, wellness and life skills classes, field trips, mentoring, community service opportunities, and family support. For more information, contact Toyin Ayanfodun. ADDRESS: 817 Livonia Avenue PHONE: 718-928-7170 Brooklyn, NY 11207 EMAIL: info@tlnyc.org School s Out New York City (SONYC) www.nyc.gov/html/dycd/html/afterschool/sonyc-pre-enrollment-middle-school.shtml Many over-age middle school students could benefit from additional supports after school. Recently-expanded free SONYC programs provide art, sports, leadership opportunities, field trips and homework help at schools and community centers throughout the city. For information about programs near you, visit the link above. 15

Our Mission AFC promotes access to the best education New York can provide for all students, especially students of color and students from low-income backgrounds. We use uniquely integrated strategies to advance systemic reform, empower families and communities, and advocate for the educational rights of individual students. Still have more questions? Please Call The Jill Chaifetz Education Helpline Monday through Thursday 10 AM to 4 PM 866-427-6033 (toll free) Advocates for Children of New York, Inc. 151 West 30th Street, 5th Floor New York, NY 10001 Phone (212) 947-9779 Fax (212) 947-9790 info@advocatesforchildren.org www.advocatesforchildren.org 16