EDU-44-14-00025-P Pathways to Graduation  

  • 11/5/14 N.Y. St. Reg. EDU-44-14-00025-P
    NEW YORK STATE REGISTER
    VOLUME XXXVI, ISSUE 44
    November 05, 2014
    RULE MAKING ACTIVITIES
    EDUCATION DEPARTMENT
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. EDU-44-14-00025-P
    Pathways to Graduation
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed Action:
    Amendment of sections 100.2 and 100.5 of Title 8 NYCRR.
    Statutory authority:
    Education Law, sections 101(not subdivided), 207(not subdivided), 208(not subdivided), 209(not subdivided), 305(1), (2), 308(not subdivided), 309(not subdivided) and 3204(3)
    Subject:
    Pathways to Graduation.
    Purpose:
    To establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs, and to prescribe new unit of credit and examination requirements for social studies.
    Substance of proposed rule (Full text is posted at the following State website:http://www.regents.nysed.gov/meetings/2014/ October2014/1014bra4.pdf):
    The Commissioner of Education proposes to amend sections 100.2 and 100.5 of the Commissioner's Regulations. The proposed amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The amendment also prescribes new unit of credit and examination requirements for social studies.
    The following is a summary of the substantive provisions of the proposed rule.
    Subdivision (f) of section 100.2 of the Commissioner’s Regulations is amended to provide that with the approval of the Commissioner, pathway assessments which measure an equivalent level of knowledge and skill may be substituted for the assessments specified in Part 100 of the Commissioner’s Regulations. Any examination that is used to satisfy the pathway assessment graduation requirements, other than those specifically enumerated in section 100.2(mm) relating to pathway assessments in career and technical education (CTE) and in the arts, shall meet the conditions and criteria set forth in section 100.2(f)(1)(i) through (vi) relating to alternative assessments.
    A new subdivision (mm) of section 100.2 is added to establish criteria for pathway assessments in CTE and in the Arts. Except as provided in section 100.2(f), students who have passed four required Regents examinations or department-approved alternative assessments in each of the areas of English, mathematics, science, and social studies pursuant to section 100.5 and who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, may meet the fifth assessment requirement for graduation pursuant to section 100.5 by passing a fifth pathway assessment in CTE or in the arts, that is approved by the Commissioner pursuant to the following conditions and criteria:
    (1) pathway assessments shall measure student progress on the State learning standards for their respective content area(s) at a level of rigor equivalent to a Regents examination or alternative assessment approved pursuant to section 100.2(f);
    (2) pathway assessments shall be recognized or accepted by postsecondary institutions, experts in the field, and/or employers in areas related to the assessment;
    (3) pathway assessments shall be aligned with existing knowledge and practice in the field(s) related to their respective content area(s) and shall be reviewed at least every five years and updated as necessary;
    (4) pathway assessments shall be consistent with technical criteria for validity, reliability, and fairness in testing;
    (5) pathway assessments shall be developed by an entity other than a local school or school district;
    (6) pathway assessments shall be available for use by any school or school district in New York State; and
    (7) pathway assessments shall be administered under secure conditions approved by the Commissioner.
    A new clause (f) is added to section 100.5(a)(5)(i) to establish requirements for pathway assessments. Students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, must also pass any one of the following assessments:
    (1) one additional social studies Regents examination or department-approved alternative; or
    (2) one additional Regents examination in a different course in mathematics or science or a department-approved alternative; or
    (3) a pathway assessment (e.g., languages other than English) approved by the Commissioner in accordance with section 100.2(f)(2); or
    (4) a career and technical education (CTE) pathway assessment, approved by the Commissioner in accordance with section 100.2(mm), following successful completion of a CTE program approved pursuant to paragraph (6) of subdivision (d) of this section; or
    (5) an arts pathway assessment approved by the Commissioner in accordance with section 100.2(mm).
    Section 100.5(a)(6) is amended to provide that all students first entering grade nine in September 2016 and thereafter shall earn four units of credit in social studies. Such requirement shall include:
    (1) one unit of credit in American history;
    (2) one half unit of credit in participation in government and one half unit of credit in economics; and
    (3) two units of credit in global history and geography; or
    (4) the equivalent of (1) through (3), as approved by the local public school superintendent or his or her designee or by the chief administrative officer of a registered nonpublic high school.
    Section 100.5(b)(7)(iv) is amended to prescribe four units of credit in Social Studies as follows:
    for students first entering grade nine in September 2016 and thereafter:
    (1) one unit of credit in American history;
    (2) two units of credit in global history and geography; and
    (3) a half unit of credit in economics and a half unit of credit in participation in government; or
    (4) the equivalent of (1) through (3), as approved by the local public school superintendent or his or her designee or by the chief administrative officer of a registered nonpublic high school; and
    (5) the assessments as required by section 100.5(a)(5)(i).
    Section 100.5(d)(5) and 100.5(d)(6), relating to transfer credit, are amended to provide that for certain students who first enter grade 11 in a registered New York State high school in the 2018-2019 school year and thereafter, and who first enter grade 12 in a registered New York State high school in the 2019-2020 school year and thereafter, the principal may exempt the student from the two units of credit requirement in global history and geography by substituting two units of credit in social studies.
    Text of proposed rule and any required statements and analyses may be obtained from:
    Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
    Data, views or arguments may be submitted to:
    Cosimo Tangorra, Jr., Deputy Commissioner, State Education Department, Office of P-12 Education, 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:
    45 days after publication of this notice.
    Regulatory Impact Statement
    1. STATUTORY AUTHORITY:
    Education Law section 101 continues the existence of the State Education Department (SED), with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges SED with the general management and supervision of public schools and the educational work of the State.
    Education Law section 207 empowers the Regents and the Commissioner to adopt rules and regulations to carry out laws regarding education and the functions and duties conferred on SED by law.
    Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.
    Education Law section 209 authorizes the Regents to establish secondary school examinations in studies furnishing a suitable standard of graduation and of admission to colleges; to confer certificates or diplomas on students who satisfactorily pass such examinations; and requires the admission to these examinations of any person who shall conform to the rules and pay the fees prescribed by the Regents.
    Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Regents.
    Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
    Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.
    Education Law section 3204(3) provides for required courses of study in the public schools and authorizes SED to alter the subjects of required instruction.
    2. LEGISLATIVE OBJECTIVES:
    The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Regents relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
    3. NEEDS AND BENEFITS:
    Over the past two years the Board of Regents has heard from a number of stakeholders in the education and business communities regarding the benefits and challenges of strengthening the graduation requirements for a high school Regents diploma. These discussions have led to a comprehensive review of the college- and career-readiness of our students, units of study requirements, and assessments of student learning, and support for creating multiple pathways towards college and career readiness, including pathways that utilize career-focused integrated courses and programs.
    4+1 Pathway Option
    The 4+1 pathway option would apply beginning with students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter. The amendment would create graduation pathways assessments in the Humanities, STEM, Biliteracy (languages other than English [LOTE]), CTE and the Arts and would require that, for the fifth assessment required for graduation, such students pass any one of the following assessments:
    (1) one additional social studies Regents examination or Department-approved alternative (Humanities Pathway); or
    (2) one additional Regents examination in a different course in mathematics or science or a Department-approved alternative (STEM Pathway); or
    (3) a pathway assessment approved by the Commissioner in accordance with § 100.2(f) of the Commissioner’s regulations (which could include a Biliteracy [LOTE] Pathway); or
    (4) a career and technical education (CTE) pathway assessment, approved by the Commissioner in accordance with proposed § 100.2(mm), following successful completion of a CTE program approved pursuant to § 100.5(d)(6) of the regulations (CTE Pathway); or
    (5) an arts pathway assessment approved by the Commissioner in accordance with proposed § 100.2(mm).
    In order to ensure that pathway assessments are of sufficient rigor, validity and reliability, the proposed regulations also establish conditions and criteria by which such assessments may be approved by the Commissioner.
    The 4+1 pathway option would not change existing graduation course or credit requirements and students must continue to meet all current course and 22 units of credit requirements, even if they were to elect to take advantage of the 4+1 pathway option. However, existing regulations provide several areas of flexibility for meeting course and credit requirements through, for example, the availability of integrated CTE courses and independent study (see 8 NYCRR § 100.5[d][6] and [9]).
    Social Studies
    New York’s Content Advisory Panel for social studies, consisting of a wide range of experts from the field, was formed in 2011 to advise the Department on suggested revisions to the New York State Social Studies Resource Guide with Core Curriculum to ensure alignment to the New York State Common Core Learning Standards. The panel created the New York State K-12 Social Studies Framework, which was adopted by the Board of Regents at their April 2014 meeting. The Framework clearly delineates the courses of study as follows:
    • Global History and Geography I (typically Grade 9) begins with the Paleolithic Era and continues to a period of Global Interactions from approximately 1400 to 1750.
    • Global History and Geography II (typically Grade 10) begins with a snapshot of the world at 1750, incorporates the Enlightenment and Industrial Revolution, and continues to the present.
    This two-unit sequence provides students with a comprehensive and rigorous course of study in global history and geography.
    Since 2001, students entering grade 9 must pass the Regents examination in Global History and Geography or an approved alternative. However, there is no language in the regulations that states students must take the course of study that precedes this examination. The proposed amendment provides that:
    • All students first entering grade nine in September 2016 and thereafter must earn four units of credit in social studies, which shall include two units of credit in global history and geography, in addition to the current requirements of one unit of credit in American history, one half unit of credit in participation in government and one half unit of credit in economics or their equivalent.
    • For purposes of awarding transfer credit, the principal may exempt students who first enter a registered New York State high school in grade 11 or 12 in a registered New York State high school in the 2018-2019 or 2019-2020 school years respectively, and thereafter, from the two units of credit requirement in global history and geography and by substituting two units of credit in social studies.
    • Students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, must also pass either (1) the Regents examination in United States history and government, or (2) the Regents examination in global history and geography (for students first entering grade nine prior to September 2016) or the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2016 and thereafter).
    • As described above, the fifth assessment required for graduation must be one of those specified in the pathway option.
    Pathway assessments in Career and Technical Education or in the Arts
    A new section 100.2(mm) is added to provide that students who have passed four required Regents examinations or department-approved alternative assessments in each of the areas of English, mathematics, science, and social studies and who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, may meet the fifth assessment requirement for graduation by passing a fifth pathway assessment in career and technical education (CTE) or in the arts, that is approved by the commissioner pursuant to the following conditions and criteria. Pathways assessments shall:
    (1) measure student progress on the State learning standards for their respective content area(s) at a level of rigor equivalent to a Regents examination or alternative assessment;
    (2) be recognized or accepted by postsecondary institutions, experts in the field, and/or employers in areas related to the assessment;
    (3) be aligned with existing knowledge and practice in the field(s) related to their respective content area(s) and shall be reviewed at least every five years and updated as necessary;
    (4) be consistent with technical criteria for validity, reliability, and fairness in testing;
    (5) be developed by an entity other than a local school or school district;
    (6) be available for use by any school or school district in the State; and
    (7) be administered under secure conditions approved by the Commissioner.
    4. COSTS:
    (a) Costs to State government: none.
    (b) Costs to local government: none.
    (c) Costs to private regulated parties: none.
    (d) Costs to regulating agency for implementation and continued administration of this rule: none.
    The proposed amendment does not impose any additional costs on the State, school districts, charter schools or SED. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements. The amendment also prescribes new unit of credit and examination requirements for social studies.
    5. LOCAL GOVERNMENT MANDATES:
    The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The 4+1 pathway option would not change existing graduation course or credit requirements and students must continue to meet all current course and 22 units of credit requirements, even if they were to elect to take advantage of the 4+1 pathway option. However, existing regulations provide several areas of flexibility for meeting course and credit requirements through, for example, the availability of integrated CTE courses and independent study (see 8 NYCRR § 100.5[d][6] and [9]). A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements.
    The amendment also provides that students first entering grade nine in September 2016 and thereafter must earn four units of credit in social studies, which shall include two units of credit in global history and geography, in addition to the current requirements of one unit of credit in American history, one half unit of credit in participation in government and one half unit of credit in economics or their equivalent, and that students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, must also pass either (1) the Regents examination in United States history and government, or (2) the Regents examination in global history and geography (for students first entering grade nine prior to September 2016) or the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2016 and thereafter).
    6. PAPERWORK:
    The amendment does not impose any specific additional recordkeeping, reporting or other paperwork requirements.
    7. DUPLICATION:
    The amendment does not duplicate existing State or federal requirements.
    8. ALTERNATIVES:
    There are no significant alternatives to the rule and none were considered.
    9. FEDERAL STANDARDS:
    There are no related federal standards.
    10. COMPLIANCE SCHEDULE:
    It is anticipated regulated parties will be able to achieve compliance with the rule by its effective date. The 4+1 pathway option would apply beginning with students who first enter grade nine in September 2011 and thereafter, or who are otherwise eligible to receive a high school diploma in June 2015 or thereafter. It is anticipated that the first administration of the new Regents Examination in Global Studies and Geography II (1750 to present) will be in June 2018.
    Regulatory Flexibility Analysis
    Small Businesses:
    The proposed amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The proposed amendment also prescribes new unit of credit and examination requirements for social studies.
    The proposed amendment relates to State learning standards, State assessments, graduation and diploma requirements and higher levels of student achievement, and does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
    Local Governments:
    1. EFFECT OF RULE:
    The proposed amendment applies to each of the 689 public school districts in the State, and to charter schools that are authorized to issue Regents diplomas with respect to State assessments and high school graduation and diploma requirements. At present, there are 34 charter schools authorized to issue Regents diplomas.
    2. COMPLIANCE REQUIREMENTS:
    The proposed amendment does not impose any additional compliance requirements on school districts and charter schools. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The 4+1 pathway option would not change existing graduation course or credit requirements and students must continue to meet all current course and 22 units of credit requirements, even if they were to elect to take advantage of the 4+1 pathway option. However, existing regulations provide several areas of flexibility for meeting course and credit requirements through, for example, the availability of integrated CTE courses and independent study (see 8 NYCRR § 100.5[d][6] and [9]). A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements.
    The proposed amendment also provides that students first entering grade nine in September 2016 and thereafter must earn four units of credit in social studies, which shall include two units of credit in global history and geography, in addition to the current requirements of one unit of credit in American history, one half unit of credit in participation in government and one half unit of credit in economics or their equivalent, and that students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, must also pass either (1) the Regents examination in United States history and government, or (2) the Regents examination in global history and geography (for students first entering grade nine prior to September 2016) or the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2016 and thereafter).
    3. PROFESSIONAL SERVICES:
    The proposed amendment does not impose any additional professional services requirements.
    4. COMPLIANCE COSTS:
    The proposed amendment does not impose any additional costs on school districts or charter schools. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements. The proposed amendment also prescribes new unit of credit and examination requirements for social studies.
    5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
    The proposed amendment does not impose any new technological requirements or costs on school districts or charter schools.
    6. MINIMIZING ADVERSE IMPACT:
    The proposed amendment does not impose any additional compliance requirements or costs on school districts or charter schools. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The 4+1 pathway option would not change existing graduation course or credit requirements and students must continue to meet all current course and 22 units of credit requirements, even if they were to elect to take advantage of the 4+1 pathway option. However, existing regulations provide several areas of flexibility for meeting course and credit requirements through, for example, the availability of integrated CTE courses and independent study (see 8 NYCRR § 100.5[d][6] and [9]). A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements.
    The proposed amendment also provides that students first entering grade nine in September 2016 and thereafter must earn four units of credit in social studies, which shall include two units of credit in global history and geography, in addition to the current requirements of one unit of credit in American history, one half unit of credit in participation in government and one half unit of credit in economics or their equivalent, and that students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, must also pass either (1) the Regents examination in United States history and government, or (2) the Regents examination in global history and geography (for students first entering grade nine prior to September 2016) or the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2016 and thereafter).
    7. LOCAL GOVERNMENT PARTICIPATION:
    Copies of the rule have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts and to charter schools.
    8. INITIAL REVIEW OF RULE (SAPA § 207):
    Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs, and to prescribe new unit of credit and examination requirements for social studies. The 4+1 pathway option would apply beginning with students who first enter grade nine in September 2011 and thereafter, or who are otherwise eligible to receive a high school diploma in June 2015 or thereafter. The proposed amendment also prescribes new unit of credit and examination requirements for social studies. It is anticipated that the first administration of the new Regents Examination in Global Studies and Geography II (1750 to present) will be in June 2018. Accordingly, there is no need for a shorter review period.
    The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
    Rural Area Flexibility Analysis
    1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
    The proposed amendment applies to each of the 689 public school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. The proposed amendment also applies to charter schools in such areas, to the extent they offer instruction in the high school grades and issue Regents diplomas. At present, there is one charter school located in a rural area that is authorized to issue Regents diplomas.
    2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
    The proposed amendment does not impose any additional compliance requirements on school districts and charter schools that are located in rural areas. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The 4+1 pathway option would not change existing graduation course or credit requirements and students must continue to meet all current course and 22 units of credit requirements, even if they were to elect to take advantage of the 4+1 pathway option. However, existing regulations provide several areas of flexibility for meeting course and credit requirements through, for example, the availability of integrated CTE courses and independent study (see 8 NYCRR § 100.5[d][6] and [9]). A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements.
    The proposed amendment also provides that students first entering grade nine in September 2016 and thereafter must earn four units of credit in social studies, which shall include two units of credit in global history and geography, in addition to the current requirements of one unit of credit in American history, one half unit of credit in participation in government and one half unit of credit in economics or their equivalent, and that students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, must also pass either (1) the Regents examination in United States history and government, or (2) the Regents examination in global history and geography (for students first entering grade nine prior to September 2016) or the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2016 and thereafter).
    3. COMPLIANCE COSTS:
    The proposed amendment does not impose any additional costs on school districts or charter schools that are located in rural areas. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements. The proposed amendment also prescribes new unit of credit and examination requirements for social studies.
    4. MINIMIZING ADVERSE IMPACT:
    The proposed amendment does not impose any additional compliance requirements or costs on school districts or charter schools that are located in rural areas. The amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The 4+1 pathway option would not change existing graduation course or credit requirements and students must continue to meet all current course and 22 units of credit requirements, even if they were to elect to take advantage of the 4+1 pathway option. However, existing regulations provide several areas of flexibility for meeting course and credit requirements through, for example, the availability of integrated CTE courses and independent study (see 8 NYCRR § 100.5[d][6] and [9]). A number of school districts and BOCES already offer technical education programs that would meet the proposed pathway requirements.
    The proposed amendment also provides that students first entering grade nine in September 2016 and thereafter must earn four units of credit in social studies, which shall include two units of credit in global history and geography, in addition to the current requirements of one unit of credit in American history, one half unit of credit in participation in government and one half unit of credit in economics or their equivalent, and that students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma in June 2015 and thereafter, must also pass either (1) the Regents examination in United States history and government, or (2) the Regents examination in global history and geography (for students first entering grade nine prior to September 2016) or the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2016 and thereafter).
    Because the Regents policy upon which the proposed amendment is based applies to all school districts and BOCES in the State and to charter schools authorized to issue Regents diplomas, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt schools in rural areas from coverage by the proposed amendment.
    5. RURAL AREA PARTICIPATION:
    Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
    6. INITIAL REVIEW OF RULE (SAPA § 207):
    Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs, and to prescribe new unit of credit and examination requirements for social studies. The 4+1 pathway option would apply beginning with students who first enter grade nine in September 2011 and thereafter, or who are otherwise eligible to receive a high school diploma in June 2015 or thereafter. The proposed amendment also prescribes new unit of credit and examination requirements for social studies. It is anticipated that the first administration of the new Regents Examination in Global Studies and Geography II (1750 to present) will be in June 2018. Accordingly, there is no need for a shorter review period.
    The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
    Job Impact Statement
    The proposed amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The proposed amendment also prescribes new unit of credit and examination requirements for social studies.
    The proposed amendment relates to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.

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