EDU-41-13-00010-P State High School Equivalency Diploma

10/9/13 N.Y. St. Reg. EDU-41-13-00010-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 41

October 09, 2013

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-41-13-00010-P

State High School Equivalency Diploma

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 100.7 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 101(not subdivided), 207(not subdivided), 208(not subdivided), 209(not subdivided), 305(1) and (2), 308(not subdivided) and 3204

Subject:

State High School Equivalency diploma.

Purpose:

To permit, for a limited time, acceptance of partial passing scores on one or more sub-tests of the current GED® examination for the corresponding sub-test on any general comprehensive examination prescribed for the High School Equivalency diploma.

Text of proposed rule:

Paragraph (2) of subdivision (a) of section 100.7 of the Regulations of the Commissioner of Education is amended, effective January 1, 2014, as follows:

(2)(i) In order to receive a high school equivalency diploma, candidates shall:

[(i)] (a) take [the] a general comprehensive examination prescribed for the program, in English, and achieve a standing designated as satisfactory by the Commissioner of Education; or

[(ii)] (b) take [the] a general comprehensive examination prescribed for the program in a language other than English and for those taking the examination on or after July 1, 1986, an English language proficiency examination designed by the commissioner, and achieve a standing designated as satisfactory by the commissioner in each examination, except that candidates who achieve a satisfactory standing only on [the] a general comprehensive examination may receive a high school equivalency diploma that bears an inscription indicating the language in which the general comprehensive examination was taken, and may exchange such diploma for a diploma not containing such inscription upon achievement of a satisfactory standing on the designated English language proficiency examination; or

[(iii)] (c) provide satisfactory evidence that they have successfully completed 24 semester hours or the equivalent as a recognized candidate for a college-level degree or certificate at an approved institution. Beginning with applications made on or after September 1, 2000 and before September 30, 2004, the 24 semester hours shall be distributed as follows: six semester hours or the equivalent in English language arts including writing, speaking and reading (literature); six semester hours or the equivalent in mathematics; three semester hours or the equivalent in natural sciences; three semester hours or the equivalent in social sciences; three semester hours or the equivalent in humanities; and three semester hours or the equivalent in career and technical education and/or foreign languages. Beginning with applications made on or after September 30, 2004, the 24 semester hours shall be distributed as follows: six semester hours or the equivalent in English language arts including writing, speaking and reading (literature); three semester hours or the equivalent in mathematics; three semester hours or the equivalent in natural sciences; three semester hours or the equivalent in social sciences; three semester hours or the equivalent in humanities; and six semester hours or the equivalent in any other courses within the registered degree or certificate program.

(ii) Notwithstanding the provisions of clauses (a) and (b) of subparagraph (i) of this paragraph and subdivision (d) of this section, a passing score or scores on one or more of the sub-tests of such examination or examinations taken in calendar years 2002 through 2013 for the English version of the exam and 2003 through 2013 for the Spanish version of the exam may be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the program and administered on or after January 1, 2014 and before January 1, 2016.

Text of 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, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Mark Leinung, Director, Adult Education Programs and Policy, Office of Adult Career and Continuing Education Services, 99 Washington Ave., Room 1622 OCP, Albany, NY 12234, [phone], email: [e-mail]

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 Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.

Education Law section 207 empowers the Board of Regents and the Commissioner to adopt rules and regulations to carry out laws of the State regarding education and the functions and duties conferred on the Department by law.

Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.

Education Law section 209 authorizes the Regents to establish secondary school examinations in studies furnishing a suitable standard of graduation and of admission to colleges; to confer certificates or diplomas on students who satisfactorily pass such examinations; and requires the admission to these examinations of any person who shall conform to the rules and pay the fees prescribed by the Regents.

Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents.

Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.

Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.

Education Law section 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 examination requirements for a high school equivalency diploma.

NEEDS AND BENEFITS:

Currently, the GED® examination is the primary method to achieve a New York State High School Equivalency Diploma. However, with the changes in the administration and content of the GED® examination beginning in January 2014, as well as the increased cost of the exam that was announced by GEDTS (the company that owns and administers the GED® examination), the Board of Regents decided at its September 2012 meeting that the State should issue a competitive Request for Proposal (RFP) in order to meet state procurement standards and identify an appropriately rigorous assessment for a High School Equivalency (HSE) Diploma at the most reasonable price. On March 7, 2013, Commissioner King announced that the winning bidder was CTB/McGraw Hill with a new examination called Test Assessing Secondary Completion (TASC).

TASC will be similar to the present GED® examination. The exam will be composed of the same five subtest sections that comprise the current GED® test: English Language Arts -Reading, English Language Arts - Writing, Mathematics, Science and Social Studies. The examination will be aligned to the Common Core State Standards (CCSS) over a three year period (2014-2016), which will support a natural, gradual, and fair transition to CCSS. In 2015 and 2016, CTB will introduce more rigorous item types (e.g. constructed-responses). This allows for a transition from less rigorous CCSS aligned assessment in 2014 to more rigorous and deeply aligned CCSS assessment in 2015 and 2016. Transitioning to full CCSS alignment will also be accomplished by gradually increasing the rigor of the content each year.

Out-of-school youth and adults have a limited time and opportunity to earn a HSE diploma to support their post-secondary and employment goals. Unfortunately the systems supporting these individuals lack the capacity and resources to effect CCSS level curriculum and instruction at a pace needed to support full transition to the TASC even with a phased-in approach to increased rigor. To better assure a seamless transition, the proposed amendment would allow, for a limited time, a passing score on one or more sub-tests of the 2002 edition of the GED® exam (2003 edition for Spanish language versions) to be accepted as a passing score for the corresponding sub-test on any general comprehensive examination prescribed for the HSE diploma. For example, passing sub-test scores earned by taking the 2002 edition of the GED® exam would be accepted as a passing score on the corresponding sub-tests of the TASC administered on or after January 1, 2014 and before January 1, 2016.

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: The proposed amendment does not impose any direct costs on the State Education Department. The amendment would allow a passing score on one or more of the sub-tests of the current GED® examination taken in calendar years 2002 through 2013 for the English version of the exam and 2003 through 2013 for the Spanish version of the exam to be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the HSE diploma (e.g. the Test Assessing Secondary Completion -TASC) and administered on or after January 1, 2014 and before January 1, 2016. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing SED staff and resources.

LOCAL GOVERNMENT MANDATES:

The proposed amendment applies to individuals seeking a New York State High School Equivalency Diploma and does not impose any additional program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district.

PAPERWORK:

The proposed amendment does not impose any additional paperwork or recordkeeping requirements. The amendment would allow a passing score on one or more of the sub-tests of the current GED® examination taken in calendar years 2002 through 2013 for the English version of the exam and 2003 through 2013 for the Spanish version of the exam to be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the HSE diploma (e.g. the Test Assessing Secondary Completion -TASC) and administered on or after January 1, 2014 and before January 1, 2016. It is anticipated that any additional paperwork associated with the proposed amendment will be minimal and capable of being absorbed using existing SED staff and resources.

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 regulated parties will be able to achieve compliance with the proposed amendment by its effective date.

Regulatory Flexibility Analysis

The proposed amendment applies to individuals who seek to obtain a New York State High School Equivalency Diploma and does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements or other costs on small businesses and local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses and local governments, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to individuals who seek to obtain a New York State High School Equivalency Diploma, including those residing in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional compliance requirements on persons in rural areas. The amendment would allow a passing score on one or more of the sub-tests of the current GED® examination taken in calendar years 2002 through 2013 for the English version of the exam and 2003 through 2013 for the Spanish version of the exam to be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the HSE diploma (e.g. the Test Assessing Secondary Completion -TASC) and administered on or after January 1, 2014 and before January 1, 2016.

The proposed amendment does not impose any additional professional services requirements.

3. COMPLIANCE COSTS:

The proposed amendment does not impose any costs on persons in rural areas. The amendment would allow a passing score on one or more of the sub-tests of the current GED® examination taken in calendar years 2002 through 2013 for the English version of the exam and 2003 through 2013 for the Spanish version of the exam to be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the HSE diploma (e.g. the Test Assessing Secondary Completion -TASC) and administered on or after January 1, 2014 and before January 1, 2016.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to implement policy enacted by the Board of Regents relating to examination requirements for a high school equivalency diploma and does not impose any additional compliance requirements or costs on persons in rural areas. The amendment would allow a passing score on one or more of the sub-tests of the current GED® examination taken in calendar years 2002 through 2013 for the English version of the exam and 2003 through 2013 for the Spanish version of the exam to be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the HSE diploma (e.g. the Test Assessing Secondary Completion -TASC) and administered on or after January 1, 2014 and before January 1, 2016. Because the Regents policy upon which the proposed amendment is based applies to all persons seeking a New York State High School Equivalency diploma, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt persons in rural areas from coverage by the proposed amendment.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes entities located in rural areas.

Job Impact Statement

The proposed amendment is necessary to implement policy enacted by the Board of Regents relating to examination requirements for a high school equivalency diploma. The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.