To establish requirements for students to earn a State Seal of Biliteracy.
Text of proposed rule:
Subdivision (h) of section 100.5 of the Regulations of the Commissioner of Education is added, effective April 6, 2016, as follows:
(h) New York State Seal of Biliteracy.
(1) Purpose and Intent. The purpose of this subdivision is to establish requirements for earning a New York State (NYS) Seal of Biliteracy pursuant to Education Law § 815. The intent of the NYS Seal of Biliteracy is to encourage the study of languages; certify attainment of biliteracy; provide employers with a method of identifying high school graduates with language and biliteracy skills; provide universities with an additional method to recognize applicants seeking admission; prepare students with twenty-first century skills; recognize the value of foreign and home language instruction in schools; and strengthen intergroup relationships, affirm the value of diversity and honor the multiple cultures and languages of a community. The NYS Seal of Biliteracy shall be awarded by the Commissioner to students who meet the criteria of this subdivision and attend schools in school districts that are approved by the Commissioner pursuant to this subdivision to participate in the program. The NYS Seal of Biliteracy shall be affixed to high school diplomas and transcripts of graduating pupils attaining Seal criteria. No fee shall be charged to a student pursuant to this subdivision.
(2) Definitions. For purposes of this section, “foreign language” means any language other than English (LOTE) including all modern languages, Latin, American Sign Language, Native American languages and native languages.
(3) School district requirements. School district participation in the NYS Seal of Biliteracy program is voluntary. A school district that wishes to participate in the program shall:
(i) form a Seal of Biliteracy Committee (SBC).
(a) The SBC shall include, but is not limited to, the following personnel:
(1) a world language teacher,
(2) an English Language Arts (ELA) teacher,
(3) an English for Speakers of Other Languages (ESOL) teacher,
(4) a guidance counselor, and
(5) an administrator;
(b) The SBC shall:
(1) create a Seal of Biliteracy plan that includes, but is not limited to, details concerning committee recruitment and composition, communications, student advisement, evaluation, and presentation of awards;
(2) create a timeline for all activities pertaining to the Seal of Biliteracy program including, but not limited to communications, a student advisement schedule and dates for important benchmarks throughout the program year;
(3) develop a student application process, including an application form to be completed by interested students and returned to the SBC;
(4) provide for the assignment of an advisor to each student accepted into the program to review program requirements and meet regularly with the student to review the student’s progress; and
(5) review and evaluate all coursework, assessments, and other work completed by each student to ensure criteria for the seal are met.
(ii) submit an application to the Commissioner, in a form and by a date prescribed by the Commissioner, for approval for the school district to participate in the program. Such application shall include a narrative that describes how the district will implement the NYS Seal of Biliteracy program, including plans for program communications, processes pertaining to student application, advisement and evaluation, and timelines and benchmarks for the program.
(iii) Participating school districts shall maintain appropriate records in order to identify students who have earned a NYS Seal of Biliteracy. At the end of each school year in which a school district participates in the program, the school district shall submit a report to the Commissioner, in a form and by a date prescribed by the Commissioner, that includes the number of students receiving the Seal along with relevant data including, but not limited to, the types of languages, number of English Language Learner (ELL) students, and the criteria chosen under subparagraphs (ii) and (iii) of paragraph (4) of this subdivision.
(4) Student requirements.
(i) Minimum requirement. Students who wish to receive the NYS Seal of Biliteracy shall complete all requirements for graduating with a Regents diploma (however, students in schools with an alternate pathway for graduation approved by the Commissioner will be held to those schools’ criteria);
(ii) Additional requirements. Except as provided in subparagraph (iii) of this paragraph, in addition to the minimum requirement listed in subparagraph (i) of this paragraph students shall earn at least three points in each of the two areas listed below:
(a) Area 1: Criteria for Demonstrating Proficiency in English.
(1) Students shall earn one point per item for achieving the following items:
(i) Score 75 or higher on the NYS Comprehensive English Regents Examination, or score 80 or higher on the NYS Regents Examination in English Language Arts (Common Core) (however, students in schools with an alternate pathway for graduation approved by the Commissioner will be held to those schools’ criteria), or English Language Learners (ELLs) score 75 or above on two Regents exams other than English, without translation;
(ii) ELLs score at the Commanding level in two modalities on the New York State English as a Second Language Achievement Test (NYSESLAT);
(iii) complete all 11th and 12th grade ELA courses with an average of 85 or higher, or a comparable score using another scoring system set by the district and approved by the Commissioner; and
(iv) receive a score of 3 or higher on an Advanced Placement English Language or English Literature exam, or receive a total score of 80 or higher on the Test of English as a Foreign Language (TOEFL).
(2) Students shall earn two points for achieving the following item: present a culminating project, scholarly essay or portfolio that meets the criteria for speaking, listening, reading, and writing established by the school district’s SBC to a panel of reviewers with proficiency in English.
(b) Area 2: Criteria for Demonstrating Proficiency in a World Language.
(1) Students shall earn one point per item for achieving the following items:
(i) complete a level four Checkpoint C World Language course, with a grade of 85 or higher, or a comparable score using another scoring system set by the district and approved by the Commissioner, for both the coursework and final examination consistent with Checkpoint C Learning Standards;
(ii) for students enrolled in a bilingual education program, complete all required Home Language Arts (HLA) coursework and the district HLA exam with an 85 or higher, or a comparable score using another scoring system set by the district and approved by the Commissioner;
(iii) score at a proficient level on one or one group, as applicable, of the following accredited Checkpoint C World Language assessments:
AP – Advanced Placement Examination (minimum score 4)
IB – International Baccalaureate (minimum score 5)
STAMP4S – Standard Based Measurement of Proficiency (minimum score 6)
DELE – Diplomas of Spanish as a Foreign Language through Cervantes Institute of NYC Spanish (minimum score B1)
AAPPL – The ACTFL Assessment of Performance toward Proficiency in Languages (minimum score I-5)
OPIc – The ACTFL Oral Proficiency Computer Test (minimum score Intermediate High)
WPT/BWT – The ACTFL Writing Proficiency Test/Business Writing Test (minimum score Intermediate High)
RTP – The ACTFL Reading Proficiency Test (minimum score Intermediate High)
LPT – The ACTFL Listening Proficiency Test (minimum score Intermediate High)
ALIRA – The ACTFL Latin Interpretive Reading Assessment (minimum score I-4)
SLPI: ASL – American Sign Language Proficiency Interview (minimum score intermediate plus); and
(iv) provide transcripts from a school in a foreign country showing at least three years of instruction in the student’s home/native language in Grade 6 or beyond, with equivalent grade average of B or higher.
(2) Students shall earn two points for achieving this item: present a culminating project, scholarly essay, or portfolio that meets the criteria for speaking, listening, reading, and writing established by the district’s SBC and that is aligned to the NYS Checkpoint C Learning Standards to a panel selected by the SBC consisting of at least one SBC member and at least two reviewers who are proficient in the target language.
(iii) Unique Requirements for Specific Languages: Special allowances may be necessary to accommodate the unique characteristics of certain languages. In cases where language assessments across all three modes of communication (interpersonal, interpretive and presentational) may not be appropriate or available, school districts may substitute a different assessment that meets the intent of the NYS Seal of Biliteracy. Students seeking the Seal through languages not characterized by the use of listening, speaking, reading, or for which there is not a writing system, shall demonstrate the expected level of proficiency on an assessment of the modalities that characterize communication in that language, consistent with the recommendations in the “Guidelines for Implementing the Seal of Biliteracy” of the American Council on the Teaching of Foreign Languages (ACTFL), the National Association for Bilingual Education (NABE), the National Council of State Supervisors for Languages (NCSSFL) and TESOL International Association.
(a) Latin and Classical Greek: The NYS Seal of Biliteracy shall be earned by assessment of interpretive reading and presentational writing, not of listening or interpersonal face-to-face communication.
(b) American Sign Language (ASL): The NYS Seal of Biliteracy shall be earned by assessment of interpersonal signed exchange, presentational signing, and demonstrating understanding of ASL (such as interpreting a signed lecture or by summarizing and responding to questions aimed at overarching understanding).
(c) Native American Languages: The NYS Seal of Biliteracy shall be earned by assessment of interpersonal face-to-face communication as well as interpretive listening and presentational speaking, and writing and reading where a written code exists.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Angelica Infante-Green, Deputy Commissioner for P-12 Instructional Support, State Education Building 2M West, 89 Washington Avenue, Albany, NY 12234, (518) 474-5520, email: NYSEDP12@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. 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 815 establishes the New York State Seal of Biliteracy program to recognize high school graduates who have attained a "high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English." Subdivision (2)(b) of section 815 directs the Board of Regents to promulgate regulations as may be necessary to establish the criteria that students must achieve to earn a State Seal of Biliteracy.
2. LEGISLATIVE OBJECTIVES:
The proposed rule is consistent with the authority conferred by the above statutes and is necessary to implement Education Law section 815 by establishing requirements for the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English.
3. NEEDS AND BENEFITS:
The proposed rule is necessary to implement Education Law section 815, as added by Chapter 271 of the Laws of 2012, by establishing requirements for the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The intent of the NYS Seal of Biliteracy is to encourage the study of languages, identify high school graduates with language and biliteracy skills for employers, provide universities with additional information about applicants seeking admission, prepare students with twenty-first century skills, recognize the value of foreign and native language instruction in schools, and affirm the value of diversity in a multilingual society. These goals are consistent with the Regents Reform Agenda of ensuring that all NYS students graduate college- and career-ready.
In January 2014, the Board of Regents approved a Seal of Biliteracy pilot program for implementation by the New York State Education Department (NYSED) in the 2014-15 school year. The Seal of Biliteracy pilot program afforded districts an opportunity to develop innovative ways of measuring and creating an approved path to attaining the Seal of Biliteracy, inform statewide policy development, and share best practices. NYSED selected six districts and 20 individual schools to participate in the pilot. As a result of the yearlong pilot, NYSED set the target level of proficiency to attain the Seal of Biliteracy at Intermediate High, based on the American Council on the Teaching of Foreign Languages (ACTFL) scale. NYSED also recommended that students have the flexibility to demonstrate proficiency in English and another language using a variety of methods including formal, nationally recognized assessments, coursework, projects, essays, portfolios, and prior coursework completed in a foreign country.
A school district interested in implementing a Seal of Biliteracy program must notify NYSED in writing through an application process. The goal of this application process is to encourage planning, responsibility and accountability, as well as give districts a planning structure and allow NYSED to provide assistance when needed. The NYS Seal of Biliteracy will be awarded by the Commissioner to students who meet the criteria established in the proposed rule and who attend schools in districts that voluntarily agree to participate in the program. The Seal of Biliteracy will be affixed to high school diplomas and transcripts of graduating pupils attaining Seal criteria and must be made available to students at no cost.
4. COSTS:
(a) Costs to State government: none.
(b) Costs to local government: the proposed rule is necessary to implement Education Law section 815, relating to the State Seal of Biliteracy, and does not impose any direct costs on school districts. School district participation in the NYS Seal of Biliteracy program is voluntary. For those school districts that choose to participate there may be costs associated with the creation and operation of Seal of Biliteracy Committees and the preparation of applications and reports, however the proposed rule will not impose significant costs on participating school districts. The formation of a Seal of Biliteracy Committee, with a minimum of four staff members, may be structured as voluntary membership with no associated costs. Costs of communicating the program to the public, which may include brochures, presentations and letters to the public, would range from $0 to $50 per year. In the long term, the proposed rule is expected to foster the graduation of more students with advanced English and world language skills that can stimulate workforce productivity and economic performance in local communities.
(c) Costs to private regulated parties: none.
(d) Costs to regulating agency for implementation and continued administration of this rule: none.
5. LOCAL GOVERNMENT MANDATES:
The proposed rule implements Education Law section 815, relating to the NYS State Seal of Biliteracy, and does not impose any additional program, service, duty or responsibility upon local governments. School district participation in the NYS Seal of Biliteracy program is voluntary. School districts that choose to participate in the NYS Seal of Biliteracy program must form a Seal of Biliteracy Committee, to: (i) create a Seal of Biliteracy plan that includes, but is not limited to, details concerning committee recruitment and composition, communications, student advisement, evaluation, and presentation of awards; (ii) create a timeline for all activities pertaining to the Seal of Biliteracy program including, but not limited to communications, a student advisement schedule and dates for important benchmarks throughout the program year; (d) develop a student application process, including an application form to be completed by interested students and returned to the SBC; and (f) review and evaluate all coursework, assessments, and other work completed by each student to ensure criteria for the seal are met.
6. PAPERWORK:
School districts must submit an application to the Commissioner, in a form and by a date prescribed by the Commissioner, for approval for the school district to participate in the program. Participating school districts must maintain appropriate records in order to identify students who have earned a NYS Seal of Biliteracy. At the end of each school year in which a school district participates in the program, the school district shall submit a report to the Commissioner, in a form and by a date prescribed by the Commissioner, that includes the number of students receiving the Seal along with relevant data including, but not limited to, the types of languages, number of English Language Learner (ELL) students, and the criteria chosen under section 100.5(h)(4)(ii) and (iii).
7. DUPLICATION:
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for the State Seal of Biliteracy and does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for the State Seal of Biliteracy. There are no significant alternatives to the proposed rule and none were considered.
9. FEDERAL STANDARDS:
There are no related federal standards in this area.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed rule by its effective date. School districts may choose or decline to participate in the NYS Seal of Biliteracy program.
Regulatory Flexibility Analysis
Small Businesses:
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for a State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The proposed rule relates to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed rule that it does not affect small businesses, 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 Governments:
1. EFFECT OF RULE:
The proposed rule applies to those school districts among the 689 public school districts in the State who choose to participate in the NYS Seal of Biliteracy program.
2. COMPLIANCE REQUIREMENTS:
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The proposed rule does not directly impose any additional compliance requirements on school districts. School district participation in the NYS Seal of Biliteracy program is voluntary. School districts that choose to participate in the NYS Seal of Biliteracy program must submit an application to the Commissioner, in a form and by a date prescribed by the Commissioner, for approval for the school district to participate in the program. Participating school districts must form a Seal of Biliteracy Committee, to: (i) create a Seal of Biliteracy plan that includes, but is not limited to, details concerning committee recruitment and composition, communications, student advisement, evaluation, and presentation of awards; (ii) create a timeline for all activities pertaining to the Seal of Biliteracy program including, but not limited to communications, a student advisement schedule and dates for important benchmarks throughout the program year; (d) develop a student application process, including an application form to be completed by interested students and returned to the SBC; and (f) review and evaluate all coursework, assessments, and other work completed by each student to ensure criteria for the seal are met.
Participating school districts must also maintain appropriate records in order to identify students who have earned a NYS Seal of Biliteracy. At the end of each school year in which a school district participates in the program, the school district shall submit a report to the Commissioner, in a form and by a date prescribed by the Commissioner, that includes the number of students receiving the Seal along with relevant data including, but not limited to, the types of languages, number of English Language Learner (ELL) students, and the criteria chosen under section 100.5(h)(4)(ii) and (iii).
3. PROFESSIONAL SERVICES:
The proposed rule does not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed rule is necessary to implement Education Law section 815, relating to the State Seal of Biliteracy, and does not impose any direct costs on school districts. School district participation in the NYS Seal of Biliteracy program is voluntary. For those school districts that choose to participate there may be costs associated with the creation and operation of Seal of Biliteracy Committees and the preparation of applications and reports, however the proposed rule will not impose significant costs on school districts. The formation of a Seal of Biliteracy Committee, with a minimum of four staff members, may be structured as voluntary membership with no associated costs. Costs of communicating the program to the public, which may include brochures, presentations and letters to the public, would range from $0 to $50 per year. In the long term, the proposed rule is expected to foster the graduation of more students with advanced English and world language skills that can stimulate workforce productivity and economic performance in local communities.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule does not impose any new technological requirements on school districts or charter schools. Economic feasibility is addressed in the Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The proposed rule does not directly impose any additional compliance requirements on school districts. School district participation in the NYS Seal of Biliteracy program is voluntary.
7. LOCAL GOVERNMENT PARTICIPATION:
In January 2014, the Board of Regents approved a Seal of Biliteracy pilot program for implementation by the New York State Education Department (NYSED) in the 2014-15 school year. The Seal of Biliteracy pilot program afforded districts an opportunity to develop innovative ways of measuring and creating an approved path to attaining the Seal of Biliteracy, inform statewide policy development, and share best practices. NYSED selected six districts and 20 individual schools to participate in the pilot. As a result of the yearlong pilot, NYSED set the target level of proficiency to attain the Seal of Biliteracy at Intermediate High, based on the American Council on the Teaching of Foreign Languages (ACTFL) scale. NYSED also recommended that students have the flexibility to demonstrate proficiency in English and another language using a variety of methods including formal, nationally recognized assessments, coursework, projects, essays, portfolios, and prior coursework completed in a foreign country.
In addition, copies of the rule have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts.
8. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement statutory requirements in Education Law § 815 and therefore the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to each of the 689 public 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.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The proposed rule does not directly impose any additional compliance requirements on school districts. School district participation in the NYS Seal of Biliteracy program is voluntary. School districts that choose to participate in the NYS Seal of Biliteracy program must submit an application to the Commissioner, in a form and by a date prescribed by the Commissioner, for approval for the school district to participate in the program.
Participating school districts must form a Seal of Biliteracy Committee, to: (i) create a Seal of Biliteracy plan that includes, but is not limited to, details concerning committee recruitment and composition, communications, student advisement, evaluation, and presentation of awards; (ii) create a timeline for all activities pertaining to the Seal of Biliteracy program including, but not limited to communications, a student advisement schedule and dates for important benchmarks throughout the program year; (d) develop a student application process, including an application form to be completed by interested students and returned to the SBC; and (f) review and evaluate all coursework, assessments, and other work completed by each student to ensure criteria for the seal are met.
Participating school districts must also maintain appropriate records in order to identify students who have earned a NYS Seal of Biliteracy. At the end of each school year in which a school district participates in the program, the school district shall submit a report to the Commissioner, in a form and by a date prescribed by the Commissioner, that includes the number of students receiving the Seal along with relevant data including, but not limited to, the types of languages, number of English Language Learner (ELL) students, and the criteria chosen under section 100.5(h)(4)(ii) and (iii).
3. COMPLIANCE COSTS:
The proposed rule is necessary to implement Education Law section 815, relating to the State Seal of Biliteracy, and does not impose any direct costs on school districts in rural areas. School district participation in the NYS Seal of Biliteracy program is voluntary. For those school districts that choose to participate there may be costs associated with the creation and operation of Seal of Biliteracy Committees and the preparation of applications and reports, however the proposed rule will not impose significant costs on rural school districts. The formation of a Seal of Biliteracy Committee, with a minimum of four staff members, may be structured as voluntary with no associated costs. Costs of communicating the program to the public, which may include brochures, presentations and letters to the public, would range from $0 to $50 per year. In the long term, the proposed rule is expected to foster the graduation of more students with advanced English and world language skills that can stimulate workforce productivity and economic performance in local communities.
4. MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The proposed rule does not directly impose any additional compliance requirements on school districts. School district participation in the NYS Seal of Biliteracy program is voluntary. Because the statutory requirements in Education Law § 815 upon which the regulation is based apply to all school districts and BOCES in the State, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt schools in rural areas from coverage by the proposed rule.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
6. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement statutory requirements in Education Law § 815 and therefore the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Job Impact Statement
The proposed rule is necessary to implement Education Law section 815 by establishing requirements for a State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The proposed rule relates to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed rule 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.
