To establish requirements for award of make-up credit to high school students.
Text of proposed rule:
Paragraph (8) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is added, effective May 12, 2010, as follows:
(8) Making Up Incomplete or Failed Course Credit. Commencing July 1, 2010 and thereafter, a school district, registered nonpublic school, or charter school may provide a student, who had the opportunity to complete a unit of study in a given high school subject but who failed to demonstrate mastery of the learning outcomes for such subject, with an opportunity to make up a unit of credit for such subject toward either a Regents or local diploma, pursuant to the following:
(i) To receive credit, the student shall successfully complete a make-up credit program and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject or other assessment required for graduation, if applicable.
(ii) The make-up credit program shall:
(1) be aligned with the applicable New York State learning standards for such subject;
(2) satisfactorily address the student's course completion deficiencies and individual needs; and
(3) ensure that the student receives equivalent, intensive instruction in the subject matter area provided, as applicable, under the direction and/or supervision of;
(a) a school district teacher who is certified in the subject matter area; or
(b) a teacher from a board of cooperative educational services (BOCES) that contracts with the school district to provide instruction in the subject matter area pursuant to Education Law § 1950, and who is certified in such area; or
(c) a teacher of the subject matter area in the registered nonpublic school or charter school.
(iii) In the case of a school district or registered nonpublic school, the student's participation in the make-up credit program shall be approved by a school-based panel consisting of, at a minimum, the principal, a teacher in the subject area for which the student must make up credit, and a guidance director or other administrator.
(iv) For purposes of this paragraph, a make-up credit program may include, but is not limited to:
(a) repeating an entire course;
(b) taking the course again as part of a summer school program;
(c) receiving intensive instruction in the deficiency areas of the course; or
(d) digital learning (online study) that:
(1) is comparable in scope and quality to regular classroom instruction;
(2) provides for documentation of satisfactory student achievement; and
(3) includes regular and substantive interaction between the student and the teacher providing direction and/or supervision pursuant to clause (3) of subparagraph (ii) of this paragraph.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
John B. King, Jr., Senior Deputy Commissioner P-12, Office of Elementary, Middle, Secondary and Continuing Ed., State Education Building, Room 125, 89 Washington Avenue, Albany, NY 12234, (518) 474-3862
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 empowers the Board of Regents and the Commissioner to adopt rules and regulations to carry out laws of the State regarding education and the functions and duties conferred on the Department by law.
Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.
Education Law section 209 authorizes the Regents to establish secondary school examinations in studies furnishing a suitable standard of graduation and of admission to colleges; to confer certificates or diplomas on students who satisfactorily pass such examinations; and requires the admission to these examinations of any person who shall conform to the rules and pay the fees prescribed by the Regents.
Education Law section 305 (1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents.
Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.
Education Law section 3204 (3) provides for required courses of study in the public schools and authorizes the State education department to alter the subjects of required instruction.
LEGISLATIVE OBJECTIVES:
The proposed rule is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Board of Regents relating to the State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
NEEDS AND BENEFITS:
Students earn and schools award units of credit according to the provisions of Part 100 of the Commissioner's Regulations. Most students earn credit after successfully completing courses of study taught by certified teachers where the instruction is designed to facilitate the attainment of the State's learning standards. However, alternatives to the traditional way of earning credit can provide students, who had the opportunity to complete a unit of study in a given high school subject but who failed to demonstrate mastery of the learning outcomes for such subject, with an opportunity to make up a unit of credit for such subject toward either a Regents or local diploma. These alternatives may include repeating an entire course; taking the course again as part of a summer school program; receiving intensive instruction in the deficiency areas of the course; or digital learning (online study).
The proposed rule establishes standards for make-up credit programs for school districts, registered nonpublic schools, and charter schools that choose to offer such programs. The make-up program must be aligned with the New York State learning standards for that subject, satisfactorily address the student's course completion deficiencies and individual needs, and ensure that the student receives equivalent, intensive instruction in the subject matter area provided under the direction and/or supervision of a teacher. For programs offered by school districts and boards of cooperative educational services, the direction and supervision must be provided by a teacher certified in the subject matter area. In the case of a school district or registered nonpublic school, a student's participation in the make-up credit program must be approved by a school-based panel consisting of, at a minimum, the principal, a teacher in the subject area for which the student must make up credit, and a guidance director or other administrator. To receive make-up credit, the student must successfully complete the make-up credit program and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject or other assessment required for graduation, if applicable.
COSTS:
(a) Costs to State government: None. The proposed rule creates no additional costs.
(b) Costs to local government: School districts that choose to offer make-up credit programs may incur some costs associated with developing school-based panels and providing the programs. These costs are anticipated to be minimal and can be absorbed using existing district staff and resources.
(c) Costs to private regulated parties: Registered nonpublic schools and charter schools that offer high school diplomas and that choose to offer make-up credit programs may incur some costs associated with providing the programs. There may also be costs to registered nonpublic schools associated with developing school-based panels. These costs are anticipated to be minimal and able to be absorbed using existing school staff and resources.
(d) Costs to regulating agency for implementation and continued administration of this rule: The proposed rule imposes no additional costs to the State Education Department as regulating agency.
LOCAL GOVERNMENT MANDATES:
The proposed rule imposes no additional program, service, duty or responsibility upon local governments. The proposed rule establishes standards for make-up credit programs, thus ensuring that school districts that choose to offer such programs will implement instruction that is aligned with the State's learning standards, satisfactorily addresses the student's course completion deficiencies and individual needs, and provides the student with equivalent, intensive instruction in the subject matter area under the direction and/or supervision of a teacher certified in that area.
PAPERWORK:
The proposed rule does not impose any specific recordkeeping, reporting or other paperwork requirements. School districts, registered nonpublic schools and charter schools that choose to offer make-up credit programs must ensure that such programs are aligned with State learning standards, satisfactorily address the student's course completion deficiencies and individual needs, and ensure that the student receives equivalent, intensive instruction in the subject matter area provided under the direction and/or supervision of a teacher certified in that area. The student must successfully complete the make-up credit program and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject or other assessment required for graduation, if applicable. With respect to programs that offer digital learning as an alternative, there must be documentation of satisfactory student achievement.
DUPLICATION:
The proposed rule does not duplicate existing State or federal regulations.
ALTERNATIVES:
There are no significant alternatives and none were considered. The proposed rule provides considerable flexibility and discretion to school districts, registered nonpublic schools and charter schools to develop and implement make-up credit programs, provided that the programs are aligned with State learning standards, effectively address the students' course completion deficiencies and individual needs, and ensure that the student receives equivalent, intensive instruction in the subject matter area provided under the direction and/or supervision of a teacher. For programs offered by school districts and boards of cooperative educational services, the direction and supervision must be provided by a teacher certified in the subject matter area.
FEDERAL STANDARDS:
There are no related federal standards.
COMPLIANCE SCHEDULE:
It is anticipated that the proposed rule will be presented for adoption at the April 2010 Regents meeting, with the provisions of the rule to become applicable commencing on July 1, 2010 and thereafter. It is further anticipated that regulated parties will be able to achieve compliance with the proposed rule by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed rule establishes standards relating to make-up course credit programs for high school students, and does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed rule that it does not affect small business, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Government:
EFFECT OF RULE:
The proposed rule applies to each school district within the State that chooses to offer make-up credit programs for high school students.
COMPLIANCE REQUIREMENTS:
The proposed rule is necessary to implement policy adopted by the New York State Board of Regents by establishing criteria for make-up course credit programs for high school students. Participation in make-up credit programs is voluntary. The proposed rule does not impose any specific recordkeeping, reporting or other paperwork requirements.
School districts that choose to offer make-up credit programs must ensure that such programs are aligned with State learning standards, satisfactorily address the student's course completion deficiencies and individual needs, and provide the student with equivalent, intensive instruction in the subject matter area provided under the direction and/or supervision of a school district teacher certified in the subject matter area. The student's participation in the make-up credit program must be approved by a school-based panel consisting of, at a minimum, the principal, a teacher in the subject area for which the student must make up credit, and a guidance director or other administrator.
PROFESSIONAL SERVICES:
The proposed rule imposes no additional professional services requirements on school districts.
COMPLIANCE COSTS:
The proposed rule is necessary to implement policy adopted by the Board of Regents. School districts that choose to offer make-up credit programs may incur some costs associated with developing school-based panels and providing the programs. These costs are anticipated to be minimal and can be absorbed using existing district staff and resources.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule does not impose any technological requirements on school districts. Economic feasibility is addressed under the Costs section above.
MINIMIZING ADVERSE IMPACT:
The proposed rule has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts. Participation in make-up credit programs is voluntary. The proposed rule provides considerable flexibility and discretion to school districts to develop and implement make-up credit programs, provided that the programs are aligned with State learning standards, effectively address the students' course completion deficiencies and individual needs, and ensures that the student receives equivalent, intensive instruction in the subject matter area provided under the direction and/or supervision of a teacher certified in that area.
LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from the chief school officers of the five big city school districts. In addition, the Board of Regents and the State Education Department engaged the educational community and the public by soliciting comments through an online survey.
Rural Area Flexibility Analysis
TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to all school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. The proposed rule also applies to registered nonpublic schools and charter schools in such areas that are authorized to issue Regents diplomas and local diplomas with respect to State assessments and high school graduation diploma requirements.
REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule is necessary to implement policy adopted by the New York State Board of Regents by establishing criteria for make-up course credit for high school students. Participation in make-up credit programs is voluntary. The proposed rule does not impose any specific recordkeeping, reporting or other paperwork requirements. School districts, registered nonpublic schools, and charter schools that choose to offer make-up credit programs must ensure that such programs are aligned with State learning standards, satisfactorily address the student's course completion deficiencies and individual needs, and provide the student with equivalent, intensive instruction in the subject matter area provided under the direction and/or supervision of a teacher. For programs offered by school districts and boards of cooperative educational services, the direction and supervision must be provided by a school district teacher certified in the subject matter area.
In the case of a school district or registered nonpublic school, a student's participation in the make-up credit program must be approved by a school-based panel consisting of, at a minimum, the principal, a teacher in the subject area for which the student must make up credit, and a guidance director or other administrator.
To receive make-up credit, the student must successfully complete the make-up credit program and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject or other assessment required for graduation, if applicable. The proposed rule imposes no additional professional services requirements on school districts, registered nonpublic schools or charter schools in rural areas.
COMPLIANCE COSTS:
The proposed rule is necessary to implement policy adopted by the Board of Regents. School districts that choose to offer make-up credit programs may incur some costs associated with developing school-based panels and providing the programs. Registered nonpublic schools and charter schools that offer high school diplomas and that choose to offer make-up credit programs may incur some costs associated with providing the programs. There may also be costs to registered nonpublic schools associated with developing school-based panels. These costs are anticipated to be minimal and able to be absorbed using existing staff and resources.
MINIMIZING ADVERSE IMPACT:
The proposed rule has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts, registered nonpublic schools, and charter schools in rural areas, and emphasizing local flexibility. Participation in make-up credit programs is voluntary. The proposed rule provides considerable flexibility and discretion to regulated parties to develop and implement make-up credit programs, provided that the programs are aligned with State learning standards, effectively address the students' course completion deficiencies and individual needs, and provide the student with equivalent, intensive instruction in the subject matter area provided under the direction and/or supervision of a teacher. For programs offered by school districts and boards of cooperative educational services, the direction and supervision must be provided by a teacher certified in the subject matter area.
The Regents policy upon which the proposed rule is based applies to all affected school districts, registered nonpublic schools, and charter schools throughout the State, that choose to offer make-up credit programs to high school students. Therefore, it was not possible to establish different compliance and reporting requirements for regulated parties in rural areas, or exempt them from the rule's provisions.
RURAL AREA PARTICIPATION:
The Board of Regents and the State Education Department engaged the rural educational community (including teachers, administrators, members of boards of education, community members and others) and the public by soliciting comments through an online survey. Comments on the proposed amendment were also solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
Job Impact Statement
The proposed rule establishes standards relating to make-up course credit programs for high school students, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
