Specific reasons underlying the finding of necessity:
The proposed amendment establishes a new safety net local diploma option, which would provide opportunity for certain students with disabilities to earn a local high school diploma based on performance on Regents examinations or approved alternatives. Specifically, the proposed amendment would allow students with disabilities, who first enter grade nine in September 2005 or thereafter, to earn a local high school diploma if:
(1) the student attains a score of 55-64 on each of the five required Regents exams (English, mathematics, U.S history and government, science, and global history and geography) and/or passes an alternative examination; or
(2) the student scores 45-54 on one or more of the five required Regents exams, other than the English or mathematics exam, but scores 65 or higher on one or more of the other required Regents exams, in which case, for purposes of earning a local diploma, the lower score(s) can be compensated by the higher score(s); provided that:
(a) each examination for which the student scores 45-54 must be compensated by a score of 65 or higher on a separate examination;
(b) the student must have also attained a passing grade, that meets or exceeds the required passing grade by the school, for the course in the subject area of the Regents examination in which he or she received a score of 45-54;
(c) the student must have a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy established pursuant to section 104.1(i)(2)(v) of this Title, for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; and
(d) a student cannot use the compensatory score option if the student is using a passing score on one or more Regents competency tests pursuant to section 100.5(b)(7)(vi)(a).
Since publication of the proposed amendment was published in the State Register on July 3, 2012, the proposed amendment has been revised in response to public comment.
Because the Board of Regents meets at scheduled intervals, the December 10-11, 2012 meeting is the earliest the revised proposed rule could be presented for permanent adoption, after publication of a Notice of Revised Rule Making in the State Register and expiration of the 30-day public comment period required under State Administrative Procedure Act § 202(4-a). Pursuant to SAPA § 203(1), the earliest effective date of the proposed amendment, if adopted at the December Regents meeting, would be December 26, 2012, the date a Notice of Adoption will be published in the State Register. However, school districts and eligible students need to know now what graduation options will be available under the safety net amendments, so that they may be timely implemented during the 2012-2013 school year.
Emergency action to adopt the proposed amendment is necessary for the preservation of the general welfare in order to ensure the timely implementation, during the 2012-2013 school year, of the safety net options for students with disabilities to graduate with a local diploma.
It is anticipated that the proposed amendment will be presented for adoption at the January 14-15, 2013 Regents meeting, after publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on October 31, 2012 and expiration of the 30-day public comment period for revised rule makings.
Subject:
Diploma Requirements for Students with Disabilities.
Purpose:
Provide new safety net option for students with disabilities to earn a local diploma through the use of compensatory scoring.
Text of emergency/revised rule:
Section 100.5 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012, as follows:
§ 100.5 Diploma requirements.
(a) General requirements for a Regents or a local high school diploma. Except as provided in paragraph (d)(6) 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.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) State assessment system. (i) Except as otherwise provided in subparagraphs (ii), (iii) and (iv) of this paragraph, all students shall demonstrate attainment of the New York State learning standards:
(a) . . .
(b) . . .
(c) United States history and government:
(1) . . .
(2) . . .
(3) for students with disabilities who first enter grade nine in or after September 1998 and prior to September 2011 and who fail the Regents examination in United States history and government, the United States history and government requirements for a local diploma may be met by passing the Regents competency test in United States history and government. For students with disabilities who first enter grade nine in September 2005 and thereafter, the United States history and government requirements for a local diploma may also be met by passing the Regents examination in United States history and government with a score of 55-64 or as provided in subparagraph (b)(7)(vi) of this section. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
(4) . . .
(d) Science:
(1) . . .
(2) . . .
(3) for students with disabilities who first enter grade nine in or after September 1999 and prior to September 2011 and who fail a Regents examination in science, the science requirements for a local diploma may be met by passing the Regents competency test in science. For students with disabilities who first enter grade nine in September 2005 and thereafter, the science requirements for a local diploma may also be met by passing a Regents examination in science with a score of 55-64 or as provided in subparagraph (b)(7)(vi) of this section. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
(4) . . .
(e) Global history and geography:
(1) . . .
(2) . . .
(3) for students with disabilities who first enter grade nine in or after September 1998 and prior to September 2011 and who fail the Regents examination in global history and geography, the global history and geography requirements for a local diploma may be met by passing the Regents competency test in global studies. For students with disabilities who first enter grade nine in September 2005 and thereafter, the global history and geography requirements for a local diploma may also be met by passing the Regents examination in global history and geography with a score of 55-64 or as provided in subparagraph (b)(7)(vi) of this section. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
(4) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(6) . . .
(7) . . .
(8) . . .
(b) Additional requirements for the Regents diploma. Except as provided in paragraph (d)(6) of this section, the following additional requirements shall apply for a Regents diploma.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(7) Types of diplomas.
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) Local diploma options for students with disabilities. The provisions of this subparagraph shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5).
(a) For students with disabilities who first enter grade nine in or after September 2001 and prior to September 2011 and who fail required Regents examinations for graduation but pass Regents competency tests in those subjects, as provided for in paragraph (a)(5) of this section, a local diploma may be issued by the local school district.
(b) For students with disabilities who first enter grade nine in September 2005 and thereafter, a score by such student of 55-64 may be considered as a passing score on any Regents examination required for graduation, and in such event and subject to the requirements of paragraph (c)(6) of this section, the school may issue a local diploma to such student. [This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5).]
(c) Notwithstanding the provisions of clause (b) of this subparagraph, for students with disabilities who first enter grade nine in September 2005 and thereafter, a student's score of 45-54 on a Regents examination required for graduation, other than the English and mathematics examinations, may, for purposes of earning a local diploma, be compensated by a score of 65 or higher on one of the other required Regents examinations; provided that:
(1) each examination for which the student earned a score of 45-54 must be compensated by a score of 65 or higher on a separate examination; a score of 65 or higher on a single examination may not be used to compensate for more than one examination for which the student earned a score of 45-54; and
(2) the student has attained a passing grade, that meets or exceeds the required passing grade by the school, for the course in the subject area of the Regents examination in which he or she received a score of 45-54; and
(3) the student has a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy established pursuant to subparagraph 104.1(i)(2)(v) of this Title, for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; and
(4) a student shall not use the compensatory score option if the student is using a passing score on one or more Regents competency tests (RCT) pursuant to clause (a) of this subparagraph to graduate with a local diploma.
(vii) . . .
(viii) . . .
(ix) . . .
(x) . . .
(c) . . .
(d) . . .
(e) . . .
(f) . . .
This notice is intended
to serve as both a notice of emergency adoption and a notice of revised rule making. The notice of proposed rule making was published in the State Register on July 3, 2012, I.D. No. EDU-27-12-00010-P. The emergency rule will expire January 13, 2013.
Emergency rule compared with proposed rule:
Substantial revisions were made in section 100.5(b)(7).
Text of 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 Comm. P-12 Education, State Education Department, State Education Building 2M West, 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 3, 2012, the proposed rule has been revised as follows:
Section 100.5(b)(7)(vi)(c)(2) has been revised to require that the student have attained a passing grade for the course in the subject area of the regents examination in which he or she received a score of 45-54, rather than require that the student have attained at least a 65 course average in the subject area of the Regents examination in which he or she received a score of 45-54.
Section 100.5(b)(7)(vi)(c)(3) has been revised to delete the proposed requirement that the student have an attendance rate of at least 95 percent for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences and replace it with a requirement that the student have an acceptable attendance rate, in accordance with district policy established pursuant to Commissioner's Regulations subparagraph 104.1(i)(2)(v), for the school year during which the student took the Regents examination in which he or she received a score of 45-54, in consideration of excused absences.
Section 100.5(b)(7)(vi)(c)(1) was revised to correct a typographical error, and for purposes of clarification, respectively, by adding the terms "or" and "for" as follows: "(1) each examination for which the student earned a score of 45-54 must be compensated by a score of 65 or higher on a separate examination; a score of 65 or higher on a single examination may not be used to compensate for more than one examination for which the student earned a score of 45-54; and."
The above revisions require that the Needs and Benefits section of the previously published Regulatory Impact Statement be revised to read as follows:
3. NEEDS AND BENEFITS:
Over a decade ago, the Regents Competency Test (RCT) safety net option was adopted as a temporary measure to provide students with disabilities increased opportunities to earn a diploma. Access to the RCTs was meant to terminate once districts revised their instructional programs to provide students with disabilities full access to the general education standards in both elementary and secondary school. To provide adequate time for the transition, the Board of Regents delayed the phase out of the RCT three times and decided to apply the phase-out to the entering cohort of September 2011. As a result, under current regulations, only the 55-64 pass score Safety Net option to earn a local diploma remains available to students with disabilities entering ninth grade in September 2011 and thereafter.
In January 2012, the Regents discussed the need to consider additional options for students with disabilities to earn a local diploma. Discussions around the Safety Net focused on the group of students with disabilities who, with appropriate accommodations, supports and services, can reach the State’s learning standards at the Commencement Level. At the April 2012 Regents Meeting, the Department recommended that the Board expand the safety net options for students with disabilities to earn a local diploma beyond the current option of the 55-64 pass score on the five required Regents exams.
The proposed amendment establishes a new safety net local diploma option, that would provide opportunity for approximately the same number of students with disabilities to earn a local high school diploma based on performance on Regents examinations or approved alternatives. Specifically, the proposed amendment would allow students with disabilities, who first enter grade nine in September 2005 or thereafter, to earn a local high school diploma if:
(1) the student attains a score of 55-64 on each of the five required Regents exams (English, mathematics, U.S history and government, science, and global history and geography) and/or passes an alternative examination; or
(2) the student scores 45-54 on one or more of the five required Regents exams, other than the English or mathematics exam, but scores 65 or higher on one or more of the other required Regents exams, in which case, for purposes of earning a local diploma, the lower score(s) can be compensated by the higher score(s); provided that
(a) each examination for which the student scores 45-54 must be compensated by a score of 65 or higher on a separate examination;
(b) the student must have also attained a passing grade for the course in the subject area of the Regents examination in which he/she obtained a score of 45-54;
(c) the student has a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy established pursuant to subparagraph 104.1(i)(2)(v) of this Title, for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; and
(d) a student cannot use the compensatory score option if the student is using a passing score on one or more Regents competency tests pursuant to section 100.5(b)(7)(vi)(a).
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on July 3, 2012, the proposed rule has been revised as described in the Revised Regulatory Impact Statement submitted herewith.
The revisions require that the Compliance section of the previously published Regulatory Flexibility Analysis be revised to read as follows:
1. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements on local governments.
The proposed amendment would expand the safety net options for students with disabilities that currently exist in section 100.5 of the Regulations of the Commissioner of Education to further enable graduation with a local diploma. Specifically, the proposed amendment would allow students with disabilities, who first enter grade nine in September 2005 or thereafter, to earn a local high school diploma if:
(1) the student attains a score of 55-64 on each of the five required Regents exams (English, mathematics, U.S history and government, science, and global history and geography) and/or passes an alternative examination; or
(2) the student scores 45-54 on one or more of the five required Regents exams, other than the English or mathematics exam, but scores 65 or higher on one or more of the other required Regents exams, in which case, for purposes of earning a local diploma, the lower score(s) can be compensated by the higher score(s); provided that
(a) each examination for which the student scores 45-54 must be compensated by a score of 65 or higher on a separate examination;
(b) the student must have also attained a passing grade for the course in the subject area of the Regents examination in which he/she obtained a score of 45-54;
(c) the student has a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy established pursuant to subparagraph 104.1(i)(2)(v) of this Title, for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; and
(d) a student cannot use the compensatory score option if the student is using a passing score on one or more Regents competency tests pursuant to section 100.5(b)(7)(vi)(a).
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on July 3, 2012, the proposed rule has been revised as described in the Revised Regulatory Impact Statement submitted herewith.
The revisions require that the Reporting, Recordkeeping and Other Compliance Requirements; and Professional Services section of the previously published Regulatory Flexibility Analysis be revised to read as follows:
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional compliance requirements on entities in rural areas.
The proposed amendment would expand the safety net options for students with disabilities that currently exist in section 100.5 of the Regulations of the Commissioner of Education to further enable graduation with a local diploma. Specifically, the proposed amendment would allow students with disabilities, who first enter grade nine in September 2005 or thereafter, to earn a local high school diploma if:
(1) the student attains a score of 55-64 on each of the five required Regents exams (English, mathematics, U.S history and government, science, and global history and geography) and/or passes an alternative examination; or
(2) the student scores 45-54 on one or more of the five required Regents exams, other than the English or mathematics exam, but scores 65 or higher on one or more of the other required Regents exams, in which case, for purposes of earning a local diploma, the lower score(s) can be compensated by the higher score(s); provided that
(a) each examination for which the student scores 45-54 must be compensated by a score of 65 or higher on a separate examination;
(b) the student must have also attained a passing grade for the course in the subject area of the Regents examination in which he/she obtained a score of 45-54;
(c) the student has a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy established pursuant to subparagraph 104.1(i)(2)(v) of this Title, for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; and
(d) a student cannot use the compensatory score option if the student is using a passing score on one or more Regents competency tests pursuant to clause 100.5(b)(7)(vi)(a).
The proposed amendment does not impose any additional professional services requirements on entities in rural areas.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on July 3, 2012, the proposed rule has been revised as described in the Revised Regulatory Impact Statement submitted herewith.
The proposed amendment, as so revised, is necessary to implement Regents policy to expand the safety net for students with disabilities that currently exist in section 100.5 of the Regulations of the Commissioner of Education to further enable graduation with a local diploma.
The revised proposed amendment will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the revised proposed amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.
Assessment of Public Comment
The following is a summary assessing the public comment received by the State Education Department (SED) since publication of a Notice of Proposed Rule Making in the State Register on July 3, 2012.
COMMENT:
Proposal enables more students with disabilities to earn local diploma, enroll in armed forces, training schools, and have careers; will reduce drop out rates; is all-encompassing and relevant; will result in less test anxiety; allows students with disabilities to be treated similarly to nondisabled peers; will keep students engaged; and recognizes different modes of learning.
DEPARTMENT RESPONSE:
Comments supportive in nature; no response necessary.
COMMENT:
Proposal establishes “students with disabilities only” diploma and may result in over-identification of students needing special education. Make local diploma available to all students. May be inconsistent with Americans with Disabilities Act and IDEA as it results in separate, secondary and less valuable education, testing, and diploma track, significantly limiting postsecondary opportunities.
DEPARTMENT RESPONSE:
To earn a local diploma, students must pass required coursework. Proposal does not result in separate, secondary or less valuable education but rather addresses concern for students who pass required courses, but have difficulty with Regents examinations because of disability-related factors. Local diploma option also available to students who satisfactorily appeal two Regents test scores.
COMMENT:
Does not provide alternatives to Regents examinations for students to demonstrate knowledge. It is not a safety net for many learning disabled students; is unachievable for students who cannot score 65 on any exam; does not address disability-related factors that preclude students from passing Regents exams; ignores needs of students with reading and language disabilities unable to score 55 on English language arts (ELA) and math exams; assumes average skills in one area; pushes defective testing process; is encumbered by burdensome bureaucratic process; and devalues integrity of diploma options. Approve curriculum and exam for business and consumer math.
DEPARTMENT RESPONSE:
Some students can pass required coursework, but have difficulty passing Regents examinations because of disability-related factors. Proposal was developed in consideration of data showing significant number of students with disabilities pass math and English Regents, but not one or more other required Regents examinations. Standards for regular high school diploma must be rigorous and represent readiness for employment or postsecondary education. Required score of 55 or higher on ELA and Math Regents tests ensures students leave school with appropriate level of knowledge in foundation skills.
COMMENT:
Does not go far enough to develop meaningful pathways to a regular diploma for all students. Need to address college and career readiness in comprehensive fashion; pathways to Regents diploma based on students’ abilities and/or career goals; and alternative for students not eligible for alternative assessment whose disabilities preclude earning a local diploma. Students who pass courses should not have to take State tests. Diploma must have value to employers and colleges and make meaningful links to post-secondary opportunities.
DEPARTMENT RESPONSE:
Proposal was not intended to create an alternate pathway to a diploma. Regents are having separate discussions on alternate pathways.
COMMENT:
Without addressing instructional practice issues of classroom pace, learning style and technique and inabilities due to disability, schools will not graduate more students with disabilities. Stricter requirements and decisions that do not consider individual needs/abilities may result in students falling through the cracks and encourage students to drop out. Districts will not increase classroom resources due to current fiscal climate.
DEPARTMENT RESPONSE:
Proposal recognizes unique challenges presented by students’ disabilities in demonstrating certain knowledge, while representing a rigorous standard that ensures students are appropriately prepared for post-school education and/or employment. Agree there is need to accelerate improvements in teaching and learning for students with disabilities and many students with disabilities would benefit from increased access to CTE courses. Most schools are working to improve instructional programs through implementation of Common Core standards and Teacher Leader Evaluation system. Regents will consider comments as they continue to discuss broader policy on alternative pathways to graduation for all students.
COMMENT:
Develop CTE/Vocational local diploma option. Provide skill preparation and trade diploma. Permit passing CTE course grade to substitute for one Regents exam. Recognize transition goals that enable students to leave school with work skills. Develop vocational and college preparatory diploma tracks.
DEPARTMENT RESPONSE:
Regents are discussing an alternate credential that could supplement a regular diploma for students with disabilities and would recognize student achievement and experiences toward Career Development and Occupational Studies (CDOS) State learning standards. Comments supporting CTE diploma will be further considered in Regents discussions on alternate pathways, expansions to CTE coursework and recognition of CTE alternative assessments. Regents have discussed creating CTE programs of study that begin in middle school and continue to high school, solidifying connections between grade levels and articulating roadmap to college and career and developing greater opportunities for students to enter high school with diploma credit.
COMMENT:
Proposal is lower standard than RCT option; lowers bar without recognizing unique needs of students with disabilities, examining instruction provided, or allowing meaningful evaluation of students.
DEPARTMENT RESPONSE:
Disagree that proposed safety net is lower standard than RCT option. RCTs are not aligned with State learning standards and often require students to engage in substitute courses/instruction to pass. Proposal addresses students who reach commencement level learning standards, but because of disability-related factors, cannot pass all Regents exams. Proposal is based on guiding principles that students with disabilities must demonstrate appropriate level of knowledge in foundation skills; while recognizing challenges presented by students’ disabilities in demonstrating certain knowledge, students must show competence in range of subject areas through successful coursework and an objective measure of knowledge.
COMMENT:
Consider options for students with disabilities: develop list of approved alternatives to Regents exams; have low-pass option on all Regents exams; develop a more achievable alternative test; allow math and science Regents exams or vocational exam to substitute for Global History and Geography exams; have Global exam at end of each year; allow two years to complete Regents courses; propose more rigorous exams than RCTs, but less difficult than Regents; require student’s percentile score on Regents exams to meet or exceed percentile score over preceding ten years; allow students to earn a certificate in field of potential employment; develop alternate forms of assessment, including combination of options.
DEPARTMENT RESPONSE:
In the alternate pathways discussions, the Regents have discussed establishing processes to evaluate technical assessments for inclusion on the approved list to identify selected College and Career Ready CTE technical assessments that could be used as acceptable measures for accountability purposes.
Regulations provide 55-64 low-pass option on required Regents examinations for students to earn a local diploma. Regents are also considering revisions to Global and Geography requirements. Option to offer students two years to complete Regents coursework before challenging the assessment is currently available based on district policy.
Developing State tests/forms, more rigorous than RCTs but less rigorous than Regents examinations, is not fiscally or programmatically feasible. Alternate forms of assessment would not provide an objective and consistent measure for a Regents-recognized diploma. Proficiency must be objectively demonstrated to warrant Regents endorsement and end to entitlement to free appropriate public education (FAPE) under IDEA upon receipt of a regular diploma.
COMMENT:
Consider principles of respect for student and family choice; value to employers and colleges and linkage to post-secondary opportunities and preparedness; development of student strengths; connection with curricula; and be flexible enough to benefit students who experience interruptions or changes in schooling.
DEPARTMENT RESPONSE:
Comments will be considered as Regents continue to discuss broader policy on alternative pathways to graduation for all students.
COMMENT:
RCTs are better measure of success. Allow use of compensatory score with RCTs. Retain RCTs until policies are developed regarding alternate pathways. Number of students predicted to benefit from compensatory model is less than number that met diploma requirements using RCT option. Score of 45-54 on up to two examinations establishes lower standard than was assessed using RCTs.
DEPARTMENT RESPONSE:
RCT policy was adopted as temporary measure to provide students with disabilities increased opportunities to earn a diploma. RCTs were to terminate once districts had revised instructional programs to provide full access to general education standards. Existing RCT is only available to students with disabilities entering grade 9 prior to September 2011. Because RCTs are not aligned with Regents coursework, and recognizing that standards for a regular high school diploma must be rigorous and represent readiness for employment or postsecondary education, we do not recommend extending RCT option. It is difficult to predict what will happen when there is a greater focus on Regents courses and assessments, and the impact decisions based on discussions of multiple pathways will have on the State’s graduation rate for students with disabilities.
COMMENT:
Allow students with disabilities to pass ELA and/or math Regents exams with 45-54 as quality of education and testing accommodations for this population is substandard. Change low pass option to 50-64 for required Regents exams.
DEPARTMENT RESPONSE:
To earn a Regents recognized diploma, students with disabilities must demonstrate appropriate knowledge in foundation skills fundamental to career or postsecondary education and/or training; show content subject area knowledge through successful coursework and objective and recognized assessment measures. If instruction is substandard, SED expects schools to improve teaching and learning, not lower expectations for students with disabilities.
COMMENT:
Floor score of 45-54 is not an appropriate measure for students to be college or career ready. More students will require remediation and weaker college preparation will lower potential for successful completion and subsequent employment. Course content mastery of less than 50% will negatively impact value of diploma.
DEPARTMENT RESPONSE:
Floor of not less than 45 ensures that districts provide students with meaningful access to participate and progress in required coursework and encourage students to put forth their full effort to pass courses and Regents exams with as high a score as possible. Score of 45-54 does not signify an acceptable level of achievement. Therefore, students must also pass required coursework and meet attendance requirement to be awarded a local diploma.
COMMENT:
Clarify if students must earn 65 on both ELA and math Regents exams.
DEPARTMENT RESPONSE:
Proposal requires students to earn at least a 55-64 on math and ELA Regents exams. Score of 65 or higher on these exams may compensate for scores between 45-54 on one or more other required Regents exams.
COMMENT:
Proposal establishes different attendance requirements for students with disabilities to qualify for safety net. Requirement is too strict and unrealistic and would prohibit some students who pass course from graduating. Attendance is affected by legitimate reasons and does not predict competence in specific skills. Allow exceptions for documented circumstances. Special education students should have same local level appeal opportunity as general education students. Define attendance rate policies more clearly.
DEPARTMENT RESPONSE:
Proposal has been revised to delete required attendance rate and replace it with requirement that a student have a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy.
COMMENT:
Proposal is complex and difficult to understand, track and interpret for students and families and will result in increased record keeping. Imposes burdensome procedures.
DEPARTMENT RESPONSE:
Districts must review transcripts to determine if students have completed diploma requirements. SED will provide further guidance.
COMMENT:
Implement proposal beginning with first graduating class not covered by RCTs.
DEPARTMENT RESPONSE:
There is no disadvantage to providing this option to all currently enrolled students with disabilities and offers maximum opportunity for these students to graduate with a regular diploma.
COMMENT:
Question how compensatory model is linked to growth model.
DEPARTMENT RESPONSE:
Student growth is measured based on student progress, not on whether students earn local or Regents diploma.
COMMENT:
Questioned why students receiving outside tutoring receive Regents diploma, but students receiving school-based tutoring receive local diploma.
DEPARTMENT RESPONSE:
Regents diploma available to anyone who meets criteria for Regents diploma.
COMMENT:
Extend school day by one class period and provide that students with disabilities qualifying for academic intervention services be entitled to these as general education service.
DEPARTMENT RESPONSE:
Comments are beyond scope of proposed regulations.
