Diploma credit for languages other than English and State assessments in social studies.
Purpose:
To implement cost-saving measures associated with administering State assessments by eliminating certain State examinations.
Text of proposed rule:
1. Subdivision (j) of section 100.1 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(j) Second language proficiency examinations means State tests of language skills in modern or classical languages other than English or Native American languages that were administered prior to July 1of the 2010-2011 school year.
2. Subparagraph (iv) of paragraph (1) of subdivision (d) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(iv) A student may be exempted from such unit of study requirements in a language other than English by passing an approved second language proficiency examination [when such an examination is available] ,as defined in 100.1(j) of this Part.
3. Paragraph (3) of subdivision (d) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(3) Beginning in May 1989, all students entering grade nine prior to the 2001-2002 school year who [pass] passed an approved second language proficiency examination shall be awarded the first unit of credit in a language other than English, unless the student has already been awarded such first unit of credit in a language other than English, as set forth in section 100.1(b) of this Part.
4. Paragraph (4) of subdivision (d) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(4) Public school students first entering grade nine in the 2001-2002 school year and thereafter shall earn at least one unit of credit in a language other than English, as defined in section 100.1(b) of this Part, in order to complete the language other than English requirement for a high school diploma. Students may earn one unit of credit by [passing] having passed the State second language proficiency assessment, when available. [In those languages for which no State proficiency assessment is available, a locally developed test, which is determined to be equivalent to the State proficiency assessment pursuant to subdivision (f) of this section, may be administered. At least six months prior to the administration of such test, the proposed test booklet, answer sheet, scoring key, directions and all other auxiliary materials shall be provided to the commissioner for approval, and shall be accompanied by such empirical evidence of the reliability of the test scores and of the comparability of the proposed test to corresponding State assessments with respect to content and difficulty, as is available].
5. Paragraph (5) of subdivision (d) of section 100.2 of the Regulations of the Commissioner of Education is added, effective January 5, 2011, as follows:
(5) Beginning in the 2010-2011 school year, students enrolled in grades eight or earlier may be granted one unit of credit by successfully completing two units of study in a language other than English and passing a locally developed test, both of which are aligned to the Checkpoint A learning standards for languages other than English, which has been approved for high school credit by the public school district superintendent or the chief administrative officer of a registered charter or nonpublic high school.
6. Paragraph (5) of subdivision (m) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(5) The comprehensive assessment report for each nonpublic school will include the following information, for each school building, for the three school years immediately preceding the school year in which the report is issued:
(i) student test data on the elementary and middle level English language arts and mathematics assessments in the New York State Testing Program, the Regents competency tests, [the program evaluation tests,] all Regents examinations, [the introduction to occupations examinations,], the second language proficiency examinations as defined in this Part;
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) . . .
The chief administrative officer of each nonpublic school shall initiate measures designed to improve student results wherever it is warranted. The chief administrative officer of each nonpublic school shall be responsible for making the comprehensive assessment report accessible to parents.
7. Paragraph (2) of subdivision (ee) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(2) Requirements for providing academic intervention services in grade four to grade eight. Schools shall provide academic intervention services when students:
(i) score below:
(a) the State designated performance level on one or more of the State elementary assessments in English language arts, mathematics [, social studies] or science; and/or
(b) the State designated performance level on a State elementary assessment in social studies administered prior to the 2010-2011 school year; provided that beginning in the 2010-2011 school year, at which time a State elementary assessment in social studies shall no longer be administered, a school shall provide academic intervention services when students are determined to be at risk of not achieving State learning standards in social studies pursuant to clause (iii) of this paragraph;
(ii) are limited English proficient (LEP) and are determined, through a district-developed or district-adopted procedure uniformly applied to LEP students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disability pursuant to Part 117 of this Title; or
(iii) are determined, through a district-developed or district adopted procedure uniformly applied to be a risk of not achieving State standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.
8. Paragraph (3) of subdivision (ee) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(3) Requirements for providing academic intervention services in grade nine to grade twelve. Schools shall provide academic intervention services when students:
(i) score below:
(a) the State designated performance level on one or more of the State intermediate assessments in English language arts, mathematics [, social studies] or science [, or score below the State designated performance level on any one of the State examinations required for graduation]; and/or
(b) the State designated performance level on a State intermediate assessment in social studies administered prior to the 2010-2011 school year; provided that beginning in the 2010-2011 school year, at which time the State intermediate assessment in social studies shall no longer be administered, a school shall provide academic intervention services when students are determined to be at risk of not achieving State learning standards in social studies pursuant to clause (iii) of this paragraph; and/or
(c) the State designated performance level on any one of the State examinations in English language arts, mathematics, social studies or science that are required for graduation.
(ii) are limited English proficient (LEP) and are determined, through a district-developed or district-adopted procedure uniformly applied to LEP students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disability pursuant to Part 117 of this Title; or
(iii) are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening or possible limited English proficiency or possible disability pursuant to Part 117 of this Title.
9. Paragraph (2) of subdivision (b) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(2) Required assessments. (i) Except as otherwise provided in subparagraphs (iv) and (v) of this paragraph, all students shall take the following assessments, provided that testing accommodations may be used as provided for in section 100.2(g) of this Part in accordance with department policy:
(ii). . .
(iii) for schools years prior to July 1 of the 2010-2011 school year, all students in grade five shall take the social studies elementary assessment;
(iv) . . .
(v) . . .
(vi) . . .
10. Paragraph (4) of subdivision (c) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(4) The unit of study requirements for languages other than English in this subdivision may be initiated in any grade prior to grade eight, pursuant to section 100.2(d)(2) of this Part, provided that in public schools such subject shall be taught by teachers certified in that area.
(i) To receive one unit of high school credit for languages other than English prior to grade nine, pursuant to section 100.2(d) of this Part a student must take and pass the second language proficiency examination when available, or beginning in the 2010-2011 school year, successfully complete two units of study in a language other than English and pass a locally developed test, both of which are aligned to the Checkpoint A learning standards for languages other than English, which has been approved for high school credit by the public school district superintendent or chief administrative officer of a registered charter or nonpublic high school.
11. Paragraph (2) of subdivision (d) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(2) Credit may be awarded for an accelerated course only when at least one of the following conditions has been met:
(i) . . .
(ii) the student passes the course and the associated State proficiency examination or Regents examination, when [where] available. The credit must be accepted as a transfer credit by all registered New York State high schools; or
(iii) in cases where no [State proficiency examination or other] appropriate state assessment is available, the student passes a course in the middle, junior high or intermediate school [which] that has been approved for high school credit by the public school district superintendent(s), or his or her designee(s), of the district(s) where the middle, junior high or intermediate school and the high school are located.
12. Paragraph (3) of subdivision (d) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(3) Such opportunity shall be provided subject to the following conditions:
(i) . . .
(ii) A student shall be awarded high school credit for such courses only if such student passes a Regents examination, a second language proficiency examination when available, or a career and technical education proficiency examination, or, if no such examinations are available, a locally developed examination [which] that establishes student performance at a high school level as determined by the principal.
13. Paragraph (3) of subdivision (e) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(3) The program evaluation test in social studies in grade eight, beginning in May 1989. Beginning with the school year 2000-2001 through the 2009-2010 school year, the social studies intermediate assessment shall replace the program evaluation test and shall be administered in grade eight.
14. Clause (d) of subparagraph (i) of paragraph (2) of subdivision (h) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(d) Compliance requirements. A Model A middle-level education program shall meet the requirements of this section and all other applicable sections of this Title, and shall also meet the following requirements:
(1) districts shall administer required middle grade State assessments in English language arts, mathematics [, social studies] and science;
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
15. Clause (d) of subparagraph (ii) of paragraph (2) of subdivision (h) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(d) Compliance requirements. A Model B middle-level education program shall meet the requirements of this section and all other applicable sections of this Title, except that the prescribed time requirements for units of study in courses where there are no required State assessments as set forth in paragraph (c)(1) of this section shall be met subject to such modifications as set forth in the approved application and plan, and shall also meet the following design principles:
(1) districts shall administer required middle grade State assessments in English language arts, mathematics [, social studies] and science;
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(e) . . .
16. Clause (d) of subparagraph (iii) of paragraph (2) of subdivision (h) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(d) Compliance requirements. A Model C middle-level education program shall meet the requirements of this section and all other applicable sections of this Title, subject to any modifications of such requirements as provided for in the district's approved application and plan, and shall also meet the following design principles:
(1) districts shall administer required middle grade State assessments in English language arts, mathematics, [social studies] and science;
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
17. Clause (g) of subparagraph (iv) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(g) Languages other than English, one unit of commencement-level credit [which can be earned by passing the State second language proficiency examination pursuant to section 100.2(d) of this Title]. A student identified as having a disability which adversely affects the ability to learn a language may be excused from the language other than English requirement set forth in this subparagraph if such student' s individualized education program indicates that such requirement is not appropriate to the student's special educational needs. Such a student need not have a sequence in a language other than English but must meet the requirements for the total number of credits required for a diploma.
18. Clause (c) of subparagraph (v) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(c) two additional units in a language other than English for a total of three units and the Regents comprehensive assessment in that language when available. In those languages for which no Regents comprehensive assessment is available, a locally developed test, which is aligned to the Checkpoint B learning standards for languages other than English, may be administered. A student identified as having a disability [which] that adversely affects the ability to learn a language may be excused from the language other than English requirement set forth in this subparagraph if such student's individualized education program indicates that such requirement is not appropriate to the student's special educational needs. Such a student need not have a sequence in a language other than English but must meet the requirements for the total number of credits required for a diploma. Students completing a five-unit sequence in career and technical education or the arts (visual arts, music, dance, and theatre) are not required to complete the additional two units of the language other than English requirement for the Regents diploma with advanced designation but must still meet the requirements for the total number of units of credit.
19. Clause (g) of subparagraph (v) of paragraph (1) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective January 5, 2011, as follows:
(g) A student who, prior to the commencement of the 2010 - 2011 school year, earns a score of at least 85 on the State second language proficiency examination in accordance with 100.2(d)(3) and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, 89 Washington Avenue, Albany, New York 12234, (518) 473-8296
Data, views or arguments may be submitted to:
Dr. John B. King, Jr., Office of P-12, State Education Department, 89 Washington Avenue, Albany, New York 12234
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the State 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 of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred upon the State Education Department by law.
Education Law section 208 authorizes the Board of 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 Board of 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 of Education, 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 of Education 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 Board of Regents.
Education Law section 309 charges the Commissioner of Education with the general supervision of boards of education and their management and conduct of all departments of instruction.
Education Law section 3204 (3) provides for required courses of study in the public schools and authorizes the State Education Department to alter the subjects of required instruction.
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Board of Regents relating to the State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
NEEDS AND BENEFITS:
In response to current fiscal constraint, this proposed amendment implements cost-saving measures associated in administering State examinations and assessments by eliminating certain State examinations beginning in the 2010-2011 school year, specifically second language proficiency (SLP) examinations, Regents comprehensive examinations in German, Hebrew and Latin, and State assessments in social studies for grades five and eight. Despite the elimination of these assessments, this proposed amendment will ensure that students continue to meet State learning standards and earn diploma credit.
Given the elimination of SLP examinations, students will be required to pass a locally-developed examination, in addition to completing two units of study, which will be aligned with Checkpoint A learning standards for languages other than English and approved for high school credit by the superintendent or chief administrative officer of a charter or public school, as applicable. Further, despite the elimination of State assessments in social studies, schools will remain required to provide academic intervention services to students when such students have been determined through a district-developed or district-adopted procedure to be at risk of not achieving Sate learning standards in social studies. Lastly, despite the elimination of Regents comprehensive examinations in Hebrew, German and Latin, students may pass a locally-developed test aligned with Checkpoint B learning standards for languages other than English to earn Regents diploma credit.
COSTS:
(a) Costs to State government: None. The proposed amendment creates no additional costs on State government.
(b) Costs to local government: The proposed amendment is necessary to implement cost-saving measures for the administration of State assessments. The proposed amendment eliminates certain State examinations for students, including SLP examinations. Although school districts will be required to administer a locally-developed examination in lieu of an SLP examination, schools should be familiar with the applicable learning standards and the administration of such locally-developed tests. Therefore, it is anticipated that any costs associated with administering this test will be minimal and capable of being absorbed by existing staff, who would currently be responsible for developing or administering locally-developed tests.
(c) Costs to private regulated parties: For the same reasons as discussed in (b) above, it is anticipated that costs to private schools will be minimal and capable of being absorbed using existing staff and resources.
(d) Costs to regulating agency for implementation and continued administration of this rule: This proposed amendment will require no additional costs to the State Education Department as a regulating agency.
LOCAL GOVERNMENT MANDATES:
The proposed amendment imposes no additional program, service, duty or responsibility upon local governments, but will ensure that all students in grade eight and below have continued opportunities to earn diploma credit in languages other than English.
PAPERWORK:
There is no additional paperwork required as a result of this amendment.
DUPLICATION:
The proposed amendment does not duplicate existing State or federal regulations.
ALTERNATIVES:
There are no significant alternatives and none were considered.
FEDERAL STANDARDS:
There are no related federal standards.
COMPLIANCE SCHEDULE:
It is anticipated that school districts will be able to achieve compliance with the proposed amendment by its effective date.
Regulatory Flexibility Analysis
1. EFFECT OF RULE:
The proposed amendment applies to each school district within the State.
2. COMPLIANCE REQUIREMENTS:
As a cost-saving measure for administering State assessments, the proposed amendment eliminates certain State examinations for students, specifically second language proficiency (SLP) examinations, State assessments in social studies in grades five and eight, and Regents comprehensive examinations in Hebrew, Latin and German. It is anticipated that this amendment will impose minimal reporting, recordkeeping and other compliance requirements on school districts.
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional service requirements on school districts.
4. COMPLIANCE COSTS:
The proposed amendment will not impose any significant costs on school districts. Although districts will be required to administer a locally-developed examination that is aligned with Checkpoint A learning standards for languages other than English in lieu of administering an SLP examination, school districts should already be familiar with these learning standards and the administration of locally-developed examinations. Therefore, it is anticipated that any costs associated with implementing the proposed amendment will be minimal and capable of being absorbed by existing staff, who would currently be responsible for developing and administering locally-developed tests.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any technological requirements on school districts. Economic feasibility is addressed under the Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement certain cost-saving measures for the State in a time of fiscal constraint. The proposed amendment has been carefully drafted to minimize the impact on districts. Any compliance requirements and costs associated with implementing this proposed amendment will be minimal and capable of being absorbed by existing staff and resources.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from the chief school officers of the five big city school districts.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to all school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
As a cost-saving measure for administering State assessments, the proposed amendment eliminates certain State examinations and assessments beginning in the 2010-2011 school year, specifically second language proficiency (SLP) examinations, Regents comprehensive examinations in German, Hebrew and Latin, and State assessments in social studies in grades five and eight, all while ensuring that students continue to meet State learning standards and earn diploma credit in these subject areas.
The proposed amendment will not impose any significant additional reporting, recordkeeping or other compliance requirements, or professional services requirements on school districts located in rural areas.
3. COSTS:
The proposed amendment does not impose any significant costs on school districts in rural areas. The amendment eliminates certain State examinations, specifically second language proficiency (SLP) examinations, state assessments in social studies, and Regents comprehensive examinations in Hebrew, Latin and German. Although districts will be required to administer a locally-developed examination that is aligned with Checkpoint A learning standards for languages other than English in lieu of administering an SLP examination, school districts should already be familiar with the applicable learning standards and the administration of such locally-developed tests. It is anticipated that any costs associated with implementing the proposed amendment will be minimal and capable of being absorbed by existing staff, who would currently be responsible for developing and administering locally-developed tests.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on school districts located in rural areas. The proposed amendment eliminates certain State examinations. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on regulated parties. School districts should already be familiar with the applicable learning standards, and therefore, it is anticipated that any costs associated with implementing the proposed amendment will be minimal and capable of being absorbed by existing staff.
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.
Job Impact Statement
The purpose of this proposed amendment is to eliminate certain State examinations for students beginning in the 2010-2011 school year, specifically second language proficiency (SLP) examinations, Regents comprehensive examinations in German, Hebrew and Latin, and State assessments in social studies in grades five and eight, while ensuring that students continue to meet State learning standards and earn diploma credit in these subject areas. This amendment will not have any significant impact on jobs or employment opportunities in this or any field. Because it is evident from the nature of the proposed rule that it will have no impact on jobs 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.
