Establish completion of a Regents Research Paper as a requirement for a Regents or Local Diploma.
Text of revised rule:
Subdivision (a) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective December 4, 2013, as follows:
(a) General requirements for a Regents or a local high school diploma. Except as provided in paragraph (d)(6) and subdivision (g) of this section, the following general requirements shall apply with respect to a Regents or local high school diploma. Requirements for a diploma apply to students depending upon the year in which they first enter grade nine. A student who takes more than four years to earn a diploma is subject to the requirements that apply to the year that student first entered grade nine. Students who take less than four years to complete their diploma requirements are subject to the provisions of subdivision (e) of this section relating to accelerated graduation.
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(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
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(8) . . .
(9) All students first entering grade nine in September 2014 and thereafter, shall satisfactorily complete a Regents Research Paper in a format as prescribed by the commissioner including, but not limited to, the following:
(i) The Regents Research Paper shall be submitted, in the English language, as a word-processed document consistent with the publication guidelines of the discipline pertaining to the subject of the paper.
(ii) The Regents Research Paper shall cite a minimum of four informational texts as sources gathered from multiple authoritative print and/or digital sources. Literature texts, while admissible as sources, shall not be counted toward this minimum source requirement.
(iii) The Regents Research Paper shall be a minimum of five typed pages (approximately 1,250 words of text), exclusive of works cited, graphics, and cover page.
(iv) The final student draft of the Regents Research Paper shall be accompanied by a procedural checklist that meets State requirements.
(v) Hand-written papers and other accommodations may be allowed where appropriate (e.g., for students with disabilities whose individualized education program or students whose plan under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. section 794) specifies such accommodation) or in extenuating circumstances, as determined by the principal.
Revised rule compared with proposed rule:
Substantial revisions were made in section 100.5(a)(9).
Text of revised proposed rule and any required statements and analyses may be obtained from
Mary Gammon, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Ken Slentz, Deputy Commissioner P-12 Education, State Education Department, State Education Building 2M, 89 Washington Ave., Albany, NY 12234, (518) 474-5520, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
30 days after publication of this notice.
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on July 10, 2013, the proposed rule has been revised as follows:
Paragraph (9) of subdivision (a) of section 100.5 has been revised to provide for implementation of the Regents Research Paper requirement beginning with all students who first enter grade nine in September 2014, instead of September 2013. This will provide more time for school districts, staff and students to prepare for and ensure implementation of the research paper requirement consistent with the Common Core State Standards (CCSS).
The above change requires that the Needs and Benefits, Costs, Local Government Mandates, Alternatives, and Compliance Schedule sections of the previously published Regulatory Impact Statement be revised to as follows:
3. NEEDS AND BENEFITS:
The Board of Regents adopted the Common Core State Standards (CCSS) for English Language Arts & Literacy and Mathematics at its July 2010 meeting and incorporated New York-specific additions, creating the Common Core Learning Standards (CCLS), at its January 2011 meeting.
To ensure implementation of the CCLS in line with the Regents Reform Agenda and the State’s RTTT application, all students first entering Grade 9 in the 2013-2014 school year and thereafter must be provided with a high school English course of study aligned to the CCLS and pass the new Regents Exam in ELA (Common Core) to meet graduation requirements.
The proposed addition of section 100.5(a)(9) of the Commissioner’s regulations would establish a Regents Research Paper requirement as an opportunity for students to demonstrate necessary college and career readiness skills and CCLS writing standards that cannot be measured in an examination setting due to time constraints. The rule would require the completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2014 and thereafter, and would establish the following minimum standards for the Regents Research Paper:
1) The Regents Research Paper shall be submitted, in the English language, as a word-processed document consistent with the publication guidelines of the discipline pertaining to the subject of the paper.
2) The Regents Research Paper shall cite a minimum of four informational texts as sources gathered from multiple authoritative print and/or digital sources. Literature texts, while admissible as sources, shall not be counted toward this minimum source requirement.
3) The Regents Research Paper shall be a minimum of five typed pages (approximately 1,250 words of text), exclusive of works cited, graphics, and cover page.
4) The final student draft of the Regents Research Paper shall be accompanied by a procedural checklist that meets State requirements.
5) Hand-written papers and other accommodations may be allowed where appropriate (e.g., for students with disabilities whose individualized education program or students whose plan under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. section 794) specifies such accommodation) or in extenuating circumstances, as determined by the principal.
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 rule would require the completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2014 and thereafter. The rule does not impose any direct costs on school districts. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal. It is anticipated that any indirect costs associated with these actions will be minimal and capable of being absorbed using existing school resources.
5. LOCAL GOVERNMENT MANDATES:
The proposed rule would require the completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2014 and thereafter. The proposed rule does not impose any additional program, service, duty or responsibility upon school districts, charter schools or other local governments. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal.
8. ALTERNATIVES:
The proposed rule would require completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2013.
The Department considered an alternate proposal that would require satisfactory completion of a Regents Research Paper as a prerequisite for admission to the Regents Examination in English Language Arts (ELA) (Common Core), beginning with the January 2015 test administration. However, this proposal was rejected because it was seen as too restrictive, in that it would limit the Research Paper to the ELA curriculum.
The proposed rule would allow for application of the Research Paper to other subject areas in the high school curriculum. While it is expected that instruction and guidance in the research process would occur in English class to address the CCLS, the educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal. The Department will encourage schools to identify disciplines through which authentic research and writing is occurring and opportunities for teachers to share the work of instruction, implementation, and assessment. The Department strongly recommends that collaboration take place among teachers across disciplines, school library media specialists, public libraries, and community partners, to ensure equity in instruction and assessment. In addition, the paper can be used for other course purposes (e.g., as one factor in a student’s course grade).
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed rule by its effective date. The Research Paper will be a graduation requirement for a Regents or local diploma that is applicable to students who first enter grade 9 in September 2014 and thereafter. Therefore, Research Papers will not need to be completed until at least four years from September 2014. Furthermore, the Department intends to take steps to provide sufficient notice of the proposed rule to ensure that school districts and students are made aware of the rule's requirements so they may timely prepare for and implement this requirement. The Department will also take steps to share a variety of resources to school districts to provide guidance with implementation.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on July 10, 2013, the proposed rule has been revised as set forth in the Revised Regulatory Impact Statement published herewith.
The revision requires that the Compliance Requirements, Compliance Costs and Minimizing Adverse Impact sections of the previously published Regulatory Flexibility Analysis be revised as follows:
2. COMPLIANCE REQUIREMENTS:
The proposed rule would require the completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2014 and thereafter. The proposed rule does not impose any compliance requirements upon school districts, charter schools or other local governments. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal.
4. COMPLIANCE COSTS:
The proposed rule would require the completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2014 and thereafter. The rule does not impose any direct costs on school districts. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal. It is anticipated that any indirect costs associated with these actions will be minimal and capable of being absorbed using existing school resources.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional costs or compliance requirements on school districts or charter schools. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal.
The proposed amendment is necessary to ensure implementation of the Common Core Learning Standards (CCLS) adopted by the Board of Regents in January 2011. To ensure implementation of the CCLS in line with the Regents Reform Agenda and the State’s approved Race to the Top (RTTT) application, the proposed rule requires that all students entering grade nine in September 2014 and thereafter must complete a Regents Research Paper for graduation with a Regents or local high school diploma. Because the Regents policy upon which the proposed rule is based applies to all school districts 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 school districts or charter schools from coverage by the proposed rule.
The Department intends to take steps to provide sufficient notice of the proposed rule to ensure that school districts and students are made aware of the rule's requirements so they may timely prepare for and implement this requirement. The Department will also take steps to share a variety of resources to school districts to provide guidance with implementation.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on July 10, 2013, the proposed rule has been revised as set forth in the Revised Regulatory Impact Statement published herewith.
The revision requires that the Reporting, Recordkeeping and Other Compliance Requirements; and Professional Services, Compliance Costs and Minimizing Adverse Impact sections of the previously published Rural Area Flexibility Analysis be revised as follows:
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule would require the completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2014 and thereafter. The proposed rule does not impose any compliance requirements upon schools in rural areas. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal.
The proposed amendment does not impose any additional professional services requirements.
3. COMPLIANCE COSTS:
The proposed rule would require the completion of a Regents Research Paper for graduation with a Regents or local high school diploma, beginning with those students who first enter grade 9 in September 2014 and thereafter. The rule does not impose any direct costs on schools in rural areas. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal. It is anticipated that any indirect costs associated with these actions will be minimal and capable of being absorbed using existing school resources.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional costs or compliance requirements on schools in rural areas. Instruction and guidance in the research process would occur in English class to address the CCLS. The educator(s) within the school responsible for coordination, logistics, and scoring of the paper could be determined locally by the school district or building principal.
The proposed amendment is necessary to ensure implementation of the Common Core Learning Standards (CCLS) adopted by the Board of Regents in January 2011. To ensure implementation of the CCLS in line with the Regents Reform Agenda and the State’s approved Race to the Top (RTTT) application, the proposed rule requires that all students entering grade nine in September 2014 and thereafter must complete a Regents Research Paper for graduation with a Regents or local high school diploma. Because the Regents policy upon which the proposed rule is based applies to all school districts 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.
The Department intends to take steps to provide sufficient notice of the proposed rule to ensure that school districts and students are made aware of the rule's requirements so they may timely prepare for and implement this requirement. The Department will also take steps to share a variety of resources to school districts to provide guidance with implementation.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on July 10, 2013, the proposed rule has been revised as set forth in the Revised Regulatory Impact Statement published herewith. The proposed rule, as revised, 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 revised 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.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on July 10, 2013, the State Education Department received the following comments:
1. COMMENT:
Recommend moving the research paper to 12th grade to allow the content of the research paper to be broadened to include other subject areas where students may have a greater interest, and to provide more time for out-of-state transfer students, students with disabilities, and English Language Learners to complete the paper. Also, creating a seminar class for students in their senior year would provide time for in-class research, discussion with the teacher, peer review, and discussion and writing.
DEPARTMENT RESPONSE:
The Regents Research Paper requirement allows for the research paper to be completed at any point during high school, including 12th grade, prior to graduation. Local school districts or building administrators will determine when the research paper is implemented.
2. COMMENT:
Instruction on process of preparing a research paper should be part of a coherent, developed spiral of instruction and practice throughout k-12 education. Students need to prepare short research assignments in the grades preceding the requirement in order to acquire the requisite skills and familiarity with the framework and process of preparing a paper. Instruction on the credibility of information from the Internet and digital sources must be part of the process.
DEPARTMENT RESPONSE:
The Common Core Learning Standards (CCLS) require that research is included at each grade level, from prekindergarten through high school. Local school district curriculum should be aligned with the standards to build a coherent P-12 practice through the grade levels. The NYSED Common Core Curriculum Modules for English Language Arts will include instruction on research writing through the grades, including how to assess the credibility of information and find valid sources, and will provide opportunities for short and long-term research.
3. COMMENT:
Requiring English teachers to handle all aspects of the research paper would undermine the new push to teach writing across the content areas because it suggests that reading and writing instruction are the responsibility of the English teacher only. Rewriting the proposed regulation to reflect the responsibility all teachers have in teaching writing/research skills would help move the State in a positive direction.
DEPARTMENT RESPONSE:
The forthcoming Regents Research Paper Framework guidance document allows for the district or building administrator to select the teacher who will implement the research paper. This requirement is not limited to English teachers. Cross-disciplinary collaboration is recommended since research is reflected in the cross-subject literacy standards in the CCLS.
4. COMMENT:
Concern was expressed that the proposed rule may provide too much flexibility so that research papers will lack uniform State-wide standards.
DEPARTMENT RESPONSE:
The Framework for the Regents Research Paper will include a procedural checklist that must be submitted to the building administrator as a prerequisite for graduating. All research papers must be aligned to the expectations under research that are included in the CCLS; however, local school districts will have flexibility in how to implement the process and resources.
5. COMMENT:
The Research Paper requirement should be held in abeyance until such time as it can be evaluated within the context of anticipated upcoming deliberations of the Board of Regents concerning multiple pathways to a high school diploma.
DEPARTMENT RESPONSE:
The Research Paper requirement is aligned with the high school research writing expectations included in the CCLS. Research is a skill that prepares students for college, careers, and life and should be a part of high school coursework prior to graduation. In any event, the proposed rule has been revised to provide for implementation of the Research Paper requirement beginning with students entering grade nine in September 2014, instead of September 2013. This will provide more time for school districts, staff and students to prepare for and ensure implementation of the research paper requirement consistent with the CCLS.
6. COMMENT:
Some students with learning disabilities, due to the very nature of their disability, may not be able to demonstrate their academic achievement and proficiency with a high stakes test, while others may be better suited to demonstrating their learning through a research paper. Consider offering research paper as an alternative to all or part of the high stakes testing for graduation so that students with disabilities may choose the assessment that best meets their learning style and accommodates their disability.
DEPARTMENT RESPONSE:
The Regents Research Paper is a graduation requirement that is separate from the Board of Regents high school graduation assessment requirements. The Department will continue to consider public input as discussions about graduation requirements are ongoing.
7. COMMENT:
Proposal does not offer enough specificity to assure that students with disabilities will be provided necessary accommodations. It is strongly recommended that the proposal provide better specificity concerning other possible appropriate accommodations, including extra time for completion of paper, spell check, simplification/modification of directions and extra assistance when needed in translating research to writing.
DEPARTMENT RESPONSE:
The Regents Research Paper Framework provides guidance for implementation of the research paper for students with disabilities, including information about accommodations. Accommodations may apply to changes in the method of how the assignment is presented, changes in the method of how a student may respond to the assignment, and flexibility in the scheduling or timeframes of the assignment.
8. COMMENT:
Consider allowing the Research paper to serve as an alternative to English Language Arts (ELA) Regents examination to provide students with a meaningful opportunity to demonstrate their college and career readiness skills and attainment of the Common Core standards without penalizing those students who are not able to do so in a high-stakes examination setting.
DEPARTMENT RESPONSE:
The Regents Research Paper requirement will be separate from the NYS assessments that are required for graduation.
9. COMMENT:
Requiring Research Paper be typed will place students who lack ready access to a computer at a disadvantage. The State must ensure districts and schools have the resources available to provide all students with computer access.
DEPARTMENT RESPONSE:
Proposed subparagraph 100.5(a)(9)(v) allows hand-written papers and other accommodations where appropriate or in extenuating circumstances. Further guidance on this matter is addressed in the Regents Research Paper Framework.
10. COMMENT:
It is premature to move forward with Research Paper requirement without a more comprehensive review of graduation requirements and the development of a plan to meet the needs of the diversity of students in the State. The State should develop multiple pathways to a regular diploma for all students. There is a need for alternative forms of assessment for students who cannot adequately demonstrate their knowledge and skills on standardized tests but can show proficiency through other forms of assessment.
DEPARTMENT RESPONSE:
This concern is noted. Discussion by the Board of Regents about pathways for graduation is ongoing. In addition, the proposed rule has been revised to provide for implementation of the Research Paper requirement beginning with students entering grade nine in September 2014, instead of September 2013. This will provide more time for school districts, staff and students to prepare for and ensure implementation of the research paper requirement consistent with the CCLS.
11. COMMENT:
Many school districts have already incorporated a research paper or portfolio in to their graduation requirements and should be encouraged to continue these practices.
DEPARTMENT RESPONSE:
The guidance on the research paper allows school districts to build off already incorporated research practices as long as they adhere to the procedural checklist.
12. COMMENT:
The decision to waive the research paper as a requirement prior to sitting for the ELA Regents is supported.
DEPARTMENT RESPONSE:
The Department considered an alternate proposal that would require satisfactory completion of a Regents Research Paper as a prerequisite for admission to the Regents Examination in English Language Arts (ELA) (Common Core), beginning with the January 2015 test administration. However, this proposal was rejected because it was seen as too restrictive, in that it would limit the Research Paper to the ELA curriculum. Pursuant to the proposed rule, the Regents Research Paper is a graduation requirement, rather than a prerequisite for sitting for the ELA Regents Examination.
13. COMMENT:
Additional concerns were shared regarding local school district capacity, resources and funding, as it relates to implementing the CCLS and research requirement.
DEPARTMENT RESPONSE:
The Department will provide sample curricula in the form of the curriculum modules that will help to provide guidance to school districts. All materials that support the Regents Research paper will be posted on EngageNY (www.engageny.org/).
