Specific reasons underlying the finding of necessity:
The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to take the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
The proposed amendment was adopted as an emergency action at the October 26-27, 2015 Regents meeting, effective October 27, 2015. The proposed amendment has now been adopted as a permanent rule at the January 11-12, 2016 Regents meeting. Pursuant to SAPA § 203(1), the earliest effective date of the permanent rule is January 27, 2016, the date a Notice of Adoption will be published in the State Register. However, the October emergency rule will expire on January 24, 2016, 90 days after its filing with the Department of State on October 27, 2015.
Emergency action is therefore necessary for the preservation of the general welfare to ensure that the proposed amendment adopted by emergency action at the October 2015 Regents meeting and adopted as a permanent rule at the January 2016 Regents meeting, remains continuously in effect until the effective date of its permanent adoption.
Subject:
English Language Arts (ELA) graduation requirements.
Purpose:
To provide additional opportunities for students who began grade 9 in 2013 to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2016 and June 2016 test administrations.
Text of emergency rule:
Subparagraph (i) of paragraph (1) of subdivision (g) of section 100.5 of the Regulations of the Commissioner is amended, effective January 25, 2016, as follows:
(i) English.
(a) Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation in clause (a)(5)(i)(a) of this section by passing the Regents examination in English language arts (common core) or an approved alternative pursuant to section 100.2(f) of this Part.
(b) Students who first enter grade 9 prior to September 2013 shall meet the English requirement for graduation in clause (a)(5)(i)(a) of this section by:
(1) successfully completing a course in English language arts (common core) and passing the Regents examination in English language arts (common core) or an approved alternative pursuant to section 100.2(f) of this Part; or
(2) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents comprehensive examination in English or an approved alternative pursuant to section 100.2(f) of this Part; provided that for the January 2014, June 2014, August 2014, January 2015, June 2015, [and] August 2015, January 2016 and June 2016 administrations only, students enrolled in English language arts (common core) courses may, at the discretion of the applicable school district, take the Regents comprehensive examination in English in addition to the Regents examination in English language arts (common core), and may meet such English requirement by passing either examination.
(c) . . .
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-45-15-00013-EP, Issue of November 10, 2015. The emergency rule will expire March 11, 2016.
Text of 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
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the State Education Department (SED), with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges SED with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 empowers the Regents and the Commissioner to adopt rules and regulations to carry out laws regarding education and the functions and duties conferred on SED 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 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 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 SED to alter the subjects of required instruction.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Regents relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
3. NEEDS AND BENEFITS:
At their July 2013 meeting, the Board of Regents adopted by emergency action, effective July 30, 2013, a new Commissioner’s Regulation § 100.5(g) to require students who began grade 9 in 2013 to meet diploma requirements by passing the Regents Examination in English Language Arts that is aligned to the New York State P-12 Common Core Learning Standards. Section 100.5(g) was permanently adopted at the October 2013 Regents meeting. Included in that regulation is a provision in § 100.5(g)(1)(i)(b)(2) that allows, at local discretion, students who began grade 9 prior to 2013 who were enrolled in Common Core English courses to take the Regents Comprehensive Examination in English (2005 Learning Standards) in addition to the Regents Examination in ELA (Common Core) and meet the English requirement for graduation by passing either examination. This flexibility was initially limited to the June 2014 and August 2014 test administrations, but was subsequently extended to the January 2014 and January, June and August 2015 test administrations.
The proposed amendment would extend that flexibility to the final two administrations of the Regents Comprehensive Examination in English (2005 Learning Standards) in January 2016 and June 2016. This flexibility would continue to apply only to students who began grade 9 prior to 2013 and have already had access to the Regents Comprehensive Examination in English (2005 Learning Standards).
4. COSTS:
(a) Costs to State government: none.
(b) Costs to local government: none.
(c) Costs to private regulated parties: none.
(d) Costs to regulating agency for implementation and continued administration of this rule: none.
The proposed amendment is necessary to implement requirements for transitioning to Common Core English Language Arts (ELA) examinations, and does not impose any costs on school districts or charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment is necessary to implement requirements for transitioning to Common Core English Language Arts (ELA) examinations, and does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
6. PAPERWORK:
The rule does not impose any specific recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The rule does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
There are no significant alternatives to the rule and none were considered.
9. FEDERAL STANDARDS:
There are no related federal standards.
10. COMPLIANCE SCHEDULE:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA examinations, and does not impose any additional compliance requirements or costs on school districts or charter schools. It is anticipated regulated parties will be able to achieve compliance with the rule by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment is necessary to implement requirements for transitioning to the New York State Common Core English Language Arts (ELA) examinations. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
The proposed amendment relates to State learning standards, State assessments, graduation and diploma requirements and higher levels of student achievement, 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 amendment 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 amendment applies to each of the 689 public school districts in the State, and to charter schools that are authorized to issue Regents diplomas with respect to State assessments and high school graduation and diploma requirements. At present, there are 34 charter schools authorized to issue Regents diplomas.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements on school districts and charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment is necessary to implement requirements for transitioning to Common Core English Language Arts (ELA) examinations, and does not impose any costs on school districts or charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment 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 amendment is necessary to implement requirements for transitioning to Common Core English Language Arts (ELA) examinations, and does not impose any costs or compliance requirements on school districts or charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
7. LOCAL GOVERNMENT PARTICIPATION:
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 and to charter schools.
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 amendment is necessary to implement long-range Regents policy providing for a transition to the New York State Common Core Learning Standards (CCLS) adopted at the January 2011 Regents meeting. 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 16. of the Notice of Emergency Adoption and 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 amendment 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. The proposed amendment also applies to charter schools in such areas, to the extent they offer instruction in the high school grades and issue Regents diplomas. At present, there is one charter school located in a rural area that is authorized to issue Regents diplomas.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional compliance requirements on school districts and charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
3. COMPLIANCE COSTS:
The proposed amendment is necessary to implement requirements for transitioning to Common Core English Language Arts (ELA) examinations, and does not impose any costs on school districts or charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement requirements for transitioning to Common Core English Language Arts (ELA) examinations, and does not impose any costs or compliance requirements on school districts or charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination. Because the Regents policy upon which the proposed amendment is based applies to all school districts and BOCES in the State and to charter schools authorized to issue Regents diplomas, 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 amendment.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment 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 amendment is necessary to implement long-range Regents policy providing for a transition to the New York State Common Core Learning Standards (CCLS) adopted at the January 2011 Regents meeting. 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 16. of the Notice of Emergency Adoption and 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 amendment is necessary to implement requirements for transitioning to the New York State Common Core English Language Arts (ELA) examinations. The proposed amendment is necessary to implement Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core) at the January 2016 and June 2016 examination administrations, and meet the English requirement for graduation by passing either examination.
The proposed amendment 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 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.
