English Language Arts (ELA) and Mathematics Common Core Learning Standards (CCLS).
Purpose:
Establish transition requirements for the Regents ELA and Mathematics examinations aligned to the CCLS.
Text of final rule:
1. Subdivision (a) of section 100.5 of the Regulations of the Commissioner is amended, effective November 6, 2013, as follows:
(a) General requirements for a Regents or a local high school diploma. Except as provided in paragraph (d)(6) and subdivision (g) of this section, the following general requirements shall apply with respect to a Regents or local high school diploma. Requirements for a diploma apply to students depending upon the year in which they first enter grade nine. A student who takes more than four years to earn a diploma is subject to the requirements that apply to the year that student first entered grade nine. Students who take less than four years to complete their diploma requirements are subject to the provisions of subdivision (e) of this section relating to accelerated graduation.
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2. Subdivision (b) of section 100.5 of the Regulations of the Commissioner is amended, effective November 6, 2013, as follows:
(b) Additional requirements for the Regents diploma. Except as provided in paragraph (d)(6) and subdivision (g) of this section, the following additional requirements shall apply for a Regents diploma.
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3. Subdivision (c) of section 100.5 of the Regulations of the Commissioner is amended, effective November 6, 2013, as follows:
(c) Additional requirements for the local diploma. Except as provided in paragraph (d)(6) and subdivision (g) of this section, the following additional requirements shall apply for a local diploma.
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4. Subdivision (g) of section 100.5 of the Regulations of the Commissioner is added, effective November 6, 2013, as follows:
(g) Notwithstanding the provisions of this section, the following provisions shall apply to the specified student cohorts for purposes of meeting the English and Mathematics requirements for a Regents or local diploma:
(1) English.
(i) Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation in clause 100.5(a)(5)(i)(a) of this section by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative pursuant to section 100.2(f) of this Part.
(ii) Students who first enter grade 9 prior to September 2013 shall meet the English requirement for graduation in clause 100.5(a)(5)(i)(a) of this section by (a) successfully completing a course in English Language Arts (Common Core) and passing the Regents Examination in English Language Arts (Common Core) or an approved alternative pursuant to section 100.2(f) of this Part; or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English or an approved alternative pursuant to section 100.2(f) of this Part; provided that for the June 2014 and August 2014 administrations only, students enrolled in English Language Arts (Common Core) courses may, at the discretion of the applicable school district, take the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core), and may meet such English requirement by passing either examination.
(2) Mathematics.
(i) Students who first begin instruction in a commencement level mathematics course aligned to the Common Core Learning Standards in September 2013 and thereafter shall meet the mathematics requirement for graduation in clause 100.5(a)(5)(i)(b) of this section by passing a commencement level Regents Examination in mathematics that measures the Common Core Learning Standards, or an approved alternative pursuant to section 100.2(f) of this Part; provided that for the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at the discretion of the applicable school district, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet the mathematics requirement for graduation in clause 100.5(a)(5)(i)(b) of this section by passing either examination.
(ii) Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirement for graduation in clause 100.5(a)(5)(i)(b) of this section by passing the corresponding commencement level Regents Examinations in mathematics or an approved alternative pursuant to section 100.2(f) of this Part.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 100.5(g)(1)(2).
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
Revised Regulatory Impact Statement
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on August 14, 2013, a nonsubstantial revision has been made to clarify the text of the proposed amendment, as described in the Assessment of Public Comment submitted herewith.
The aforesaid revision requires that the LOCAL GOVERNMENT MANDATES and COMPLIANCE SCHEDULE sections of the previously published Regulatory Impact Statement be revised as follows:
5. LOCAL GOVERNMENT MANDATES:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS).
Pursuant to the proposed amendment, the transition plan for the new Regents Examination in ELA (Common Core) includes the following:
• Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative.
• Students who first entered Grade 9 prior to September 2013 shall meet the English requirement for graduation by: (a) successfully completing a course in English Language Arts (Common Core) and passing the new Regents Examination in ELA (Common Core) or an approved alternative or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in ELA (Common Core) courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination.
With respect to the transition plan for the new Regents Examinations in mathematics (Common Core), the proposed amendment would require that:
• Students who first begin instruction in a commencement level mathematics course aligned to the CCLS in September 2013 and thereafter shall meet the mathematics requirement for graduation by passing a commencement level Regents Examination in mathematics that measures the CCLS, or an approved alternative. For the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
• Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirements for graduation by passing the corresponding commencement level Regents Examination, while those examinations are still being offered.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed amendment by its effective date. To ensure implementation of the CCLS in line with the Regents Reform Agenda and the State’s winning Race to the Top (RTTT) application, the proposed amendment requires that all students entering grade nine in September 2013 and thereafter must pass the new Regents Examination in English Language Arts (Common Core); and that any student who in September 2013 or thereafter, regardless of grade of enrollment, begins their first commencement-level mathematics course culminating in a Regents Examination in June 2014 or later must take the CCLS Regents Examination in mathematics that corresponds to that course, as available, and be provided with Common Core instruction, provided that for the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
Students who first entered Grade 9 prior to September 2013 must pass the new Regents Examination in ELA (Common Core) or the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in Common Core English courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination. Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 must pass the corresponding commencement level Regents Examination, while those examinations are still being offered.
The new Regents Examination in ELA (Common Core) is designed to be administered at the end of Grade 11, similar to typical practice with the current Regents Comprehensive Examination in English. The last administration of the current Regents Comprehensive Examination in English will occur in June 2016. The last administrations of the current Regents Examinations in Integrated Algebra, Geometry and Algebra 2/Trigonometry will be in January 2015, January 2016, and January 2017, respectively. Based on feedback from the field and the recommendation to teach math courses in a sequential manner, the Department has decided to postpone the first administrations of the CCLS exams in Geometry and Algebra II until June 2015 and June 2016, respectively.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on August 14, 2013, a nonsubstantial revision has been made to clarify the text of the proposed amendment, as described in the Assessment of Public Comment submitted herewith.
The aforesaid revision requires that the COMPLIANCE REQUIREMENTS section of the previously published Regulatory Flexibility Analysis be revised as follows:
2. COMPLIANCE REQUIREMENTS:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS).
Pursuant to the proposed amendment, the transition plan for the new Regents Examination in ELA (Common Core) includes the following:
• Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative.
• Students who first entered Grade 9 prior to September 2013 shall meet the English requirement for graduation by: (a) successfully completing a course in English Language Arts (Common Core) and passing the new Regents Examination in ELA (Common Core) or an approved alternative or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in ELA (Common Core) courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination.
With respect to the transition plan for the new Regents Examinations in mathematics (Common Core), the proposed amendment would require that:
• Students who first begin instruction in a commencement level mathematics course aligned to the CCLS in September 2013 and thereafter shall meet the mathematics requirement for graduation by passing a commencement level Regents Examination in mathematics that measures the CCLS, or an approved alternative. For the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
• Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirements for graduation by passing the corresponding commencement level Regents, while those examinations are still being offered.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on August 14, 2013, a nonsubstantial revision has been made to clarify the text of the proposed amendment, as described in the Assessment of Public Comment submitted herewith.
The aforesaid revision requires that the PAPERWORK, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES section of the previously published Rural Area Flexibility Analysis be revised as follows:
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS).
Pursuant to the proposed amendment, the transition plan for the new Regents Examination in ELA (Common Core) includes the following:
• Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative.
• Students who first entered Grade 9 prior to September 2013 shall meet the English requirement for graduation by: (a) successfully completing a course in English Language Arts (Common Core) and passing the new Regents Examination in ELA (Common Core) or an approved alternative or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in ELA (Common Core) courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination.
With respect to the transition plan for the new Regents Examinations in mathematics (Common Core), the proposed amendment would require that:
• Students who first begin instruction in a commencement level mathematics course aligned to the CCLS in September 2013 and thereafter shall meet the mathematics requirement for graduation by passing a commencement level Regents Examination in mathematics that measures the CCLS, or an approved alternative. For the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
• Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirements for graduation by passing the corresponding commencement level Regents, while those examinations are still being offered.
The proposed amendment does not impose any additional professional services requirements.
Revised Job Impact Statement
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on August 14, 2013, a nonsubstantial revision has been made to clarify the text of the proposed amendment, as described in the Assessment of Public Comment submitted herewith. The proposed amendment, as revised, is necessary to implement requirements for transitioning to the new Regents examinations in English Language Arts (ELA) (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS). The proposed revised 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 proposed revised 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.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on August 14, 2013, the State Education Department received the following comment.
COMMENT:
The proposed amendment includes a provision that for the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra 1 (Common Core) instruction may at the discretion of the school district take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra 1 (Common Core), and may meet the mathematics requirements for graduation by passing either examination. However, the placement of this provision in 100.5(g)(2)(ii) is confusing in that it appears to make this provision applicable to the student cohort described in that subparagraph, i.e. “Students who first began or will complete an Integrated Algebra, Geometry, Algebra 2/Trigonmetry course prior to September 2013 shall meet the mathematics requirement for graduation. . . by passing the corresponding commencement level Regents Examinations in mathematics or an approved alternative. . .”
This appears to be contrary to the intent of the provision as recently explained in a September 2013 memo to the field from the Deputy Commissioner for P-12 Education (see http://www.p12.nysed.gov/assessment/math/ccmath/transitioncc.pdf), which is that the option of meeting the mathematics graduation requirement by passing either the Regents Examination in Integrated Algebra or the Algebra 1 (Common Core) examination applies to students as described in 100.5(g)(2)(i), i.e. "Students who first begin instruction in a commencement level mathematics course aligned to the Common Core Learning Standards in September 2013 and thereafter. . ."
DEPARTMENT RESPONSE:
The Department concurs and has made a nonsubstantial revision to clarify the text by including such provision in 100.5(g)(2)(i) instead of 100.5(g)(2)(ii).
