EDU-52-12-00012-P Regents Certificate of Work Readiness
12/26/12 N.Y. St. Reg. EDU-52-12-00012-P
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 52
December 26, 2012
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-52-12-00012-P
Regents Certificate of Work Readiness
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 100.5, 100.6 and 200.5 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 207 (not subdivided), 208 (not subdivided), 305(1) and (2), 4402(1-7) and 4403(3)
Subject:
Regents certificate of work readiness.
Purpose:
Establish criteria for award of Regents certificate of work readiness to students with disabilities.
Text of proposed rule:
1. Subparagraph (i) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective March 27, 2013, as follows:
(i) Except as provided in subparagraphs (vi), (vii), (viii) and (xi) of this paragraph, and paragraph (d)(7) of this section, for students first entering grade nine in the 2001-2002 school year and thereafter, there shall be no diplomas [or], certificates, or credentials other than the following:
(a) Regents diploma;
(b) Regents diploma with an advanced designation;
(c) State high school equivalency diploma as provided in section 100.7 of this Part;
(d) High School Individualized Education Program Diploma as provided in section 100.9 of this Part; [or]
(e) Regents diploma, or Regents diploma with an advanced designation, with an affixed technical endorsement awarded upon completion of an approved career and technical education program pursuant to paragraph (d)(6) of this section;
(f) Skills and achievement commencement credential as provided in section 100.6(a) of this Part; or
(g) Regents certificate of work readiness as provided in section 100.6(b) of this Part.
2. Section 100.6 of the Regulations of the Commissioner of Education is amended, effective March 27, 2013, as follows:
§ 100.6 High school exiting credentials.
(a) Skills and achievement commencement credential. Beginning with the 2013-14 school year and thereafter, the board of education or trustees of a school district shall, and the principal of a nonpublic school may, issue a skills and achievement commencement credential to a student who has taken the State assessment for students with severe disabilities, as defined in section 100.1(t)(2)(iv) of this Part, in accordance with the following provisions:
[(a)] (1) Prior to awarding the skills and achievement commencement credential, the governing body of the school district or nonpublic school shall ensure that:
[(1)] (i). . .
[(2)] (ii). . .
[(3)] (iii). . .
[(b)] (2). . .
[(c)] (3). . .
[(d)] (4) The credential shall be issued together with a summary of the student's academic achievement and functional performance, as required pursuant to section 200.4(c)(4) of this Title, that includes documentation of:
[(1)] (i). . .
[(2)] (ii). . .
[(3)] (iii). . .
School districts may use the State model form developed by the commissioner for the summary of academic and functional performance or a locally-developed form that meets the requirements of this subdivision.
(b) Regents certificate of work readiness. Beginning July 1, 2013 and thereafter, the board of education or trustees of a school district shall, and the principal of a nonpublic school may, issue a Regents certificate of work readiness to a student with a disability who meets the requirements of paragraph (1) of this subdivision to document preparation for entry-level employment after high school, except for those students deemed eligible for a skills and achievement commencement credential pursuant to subdivision (a) of this section. Consistent with sections 100.2(q)(1) and 100.5 of this Part, the school district or nonpublic school shall ensure that the student has been provided with appropriate opportunities to earn a Regents or local high school diploma, including providing a student with meaningful access to participate and progress in the general curriculum to assist the student to meet the State's learning standards.
(1) Except as provided pursuant to paragraphs (4) and (5) of this subdivision, prior to awarding the Regents certificate of work readiness, the board of education or trustees of the school district, or the governing body of the nonpublic school, shall ensure that each of the following requirements have been met:
(i) The student has developed, annually reviewed and, as appropriate, revised a career plan to ensure the student is actively engaged in career exploration. Such plan shall include, but is not limited to, a statement of the student's self-identified career interests; career-related strengths and needs; career goals; and coursework and work-based learning experiences that the student plans to engage in to achieve those goals. School districts shall provide students with either a model form developed by the commissioner to document a student's career plan, or a locally-developed form that meets the requirements of this subdivision. The student's career plan may not be limited to career-related activities provided by the school and may include activities to be provided by an entity other than the school; provided that nothing in this subdivision shall be deemed to require the school to provide the student with the specific activities identified in the career plan. A copy of the student's career plan in effect during the school year in which the student exits high school shall be maintained in the student's permanent record.
(ii) The student has demonstrated knowledge and skills relating to the career development occupational studies learning standards set forth in section 100.1(t)(1)(vii)(a), (b) and (c) of this Part as evidenced through successful completion at the secondary school level of not less than the equivalent of two units of study in career development courses and/or work-based learning experiences, which shall be documented in the student's transcript. The equivalent units of study shall be earned through career and technical education courses and/or work-based learning experiences, provided that the student shall successfully complete a minimum of 54 hours of documented work-based learning experiences related to career awareness, exploration and/or preparation, which may, but are not required to be completed in conjunction with the student's career and technical education course(s). Work-based learning experiences may include, but are not limited to, job shadowing; community service; volunteering; service learning; senior project(s) and/or school based enterprise(s), provided consistent with guidelines developed by the Department, to prepare the student for entry-level employment after high school; and
(iii) Within one year prior to a student's exit from high school, a work skills employability profile for the student has been completed by designated school staff knowledgeable about the student's skills and experiences that identifies the student's attainment of each of the career development and occupational studies learning standards set forth in section 100.1(t)(1)(vii)(a), (b) and (c) of this Part including, but not limited to career development; integrated learning; and universal foundation skills. School districts may use a model form developed by the commissioner to document a student's work skills employability profile, or a locally-developed form that meets the requirements of this subdivision. A copy of the student's work skills employability profile shall be maintained in the student's permanent record.
(2) The certificate shall be issued at the same time the student receives his/her Regents or local high school diploma or, for a student whose disability prevents the student from earning a Regents or local diploma, any time after such student has attended school for at least 12 years, excluding kindergarten, or has received a substantially equivalent education elsewhere, or at the end of the school year in which a student attains the age of 21.
(3) The certificate awarded shall be similar in form to the diploma issued by the school district or nonpublic school, except that it shall not use the term "diploma" and shall indicate that it is a Regents certificate of work readiness. Award of a Regents certificate of work readiness shall be documented in the student's transcript.
(4) For students with disabilities who exit from high school prior to July 1, 2015, the district or nonpublic school may award the Regents certificate of work readiness to a student who has not met all of the requirements in subparagraph (ii) of paragraph (1) of this subdivision, provided that the school principal has determined that the student has otherwise demonstrated knowledge and skills relating to the career development occupational studies learning standards.
(5) For students with disabilities who transfer from another school district within the State or another state, the principal shall evaluate the work-based learning experiences and coursework on the student's transcript or other records to determine if the student meets the requirements in subparagraph (ii) of paragraph (1) of this subdivision.
[(e)] (c) If the student receiving a credential pursuant to subdivision (a) or (b) of this section is less than 21 years of age, such credential shall be accompanied by a written statement of assurance that the student named as its recipient shall continue to be eligible to attend the public schools of the school district in which the student resides without the payment of tuition until the student has earned a [regular] Regents or local high school diploma or until the end of the school year in which such student turns age 21, whichever shall occur first.
3. Subparagraph (iii) of paragraph (5) of subdivision (a) of section 200.5 of the Regulations of the Commissioner of Education is amended, effective March 27, 2013, as follows:
(iii) Prior to the student's graduation with an individualized education program (IEP) diploma or, beginning with the 2013-14 school year, prior to a student's exit with a skills and achievement commencement credential or a Regents certificate of work readiness as set forth in section 100.6 of this Title, such prior written notice must indicate that the student continues to be eligible for a free appropriate public education until the end of the school year in which the student turns age 21 or until the receipt of a [regular] Regents or local high school diploma.
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, (518) 474-6400, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
James P. DeLorenzo, Assistant Commissioner P-12, State Education Department, Office of Special Education, State Education Building, Room 309, 89 Washington Ave., Albany, NY 12234, (518) 402-3353, email: spedpubliccomment@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
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 educational work of the State.
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
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.
Subdivision (1) of section 305 of the Education Law empowers the Commissioner of Education to be the chief executive officer of the state system of education and of the Board of Regents and authorizes the Commissioner to enforce laws relating to the educational system and to execute educational policies determined by the Regents.
Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools subject to the Education Law.
Education Law section 4402 establishes district's duties regarding education of students with disabilities.
Education Law section 4403 outlines Department's and district's responsibilities regarding special education programs/services to students with disabilities. Section 4403(3) authorizes Department to adopt regulations as Commissioner deems in their best interests.
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes. The proposed amendment authorizes school districts and nonpublic schools, beginning July 1, 2013 and thereafter, to award a Regents Certificate of Work Readiness to a student with a disability, except those deemed eligible for a Skills and Achievement Commencement Credential, to document the student's preparation for entry-level employment after high school.
NEEDS AND BENEFITS:
In January 2012, the Regulations of the Commissioner were amended to repeal the individualized education program (IEP) diploma, effective July 1, 2013, and replace it with a Skills and Achievement Commencement Credential for students with severe disabilities who are eligible to take the New York State Alternate Assessment. The proposed amendment would, beginning July 1, 2013 and thereafter, authorize school districts and nonpublic schools to award a Regents Certificate of Work Readiness to other students with a disability to document high school preparation for entry-level employment. The Certificate could be awarded as a supplement to a Regents or local high school diploma or, for a student with a disability who is unable to earn a Regents or local diploma, as the student's exiting credential. Because the IEP diploma sunsets as of June 30, 2013, the proposed amendment includes exceptions to certain requirements to allow appropriate discretion for school principals to determine whether students exiting high school in the 2013-14 and 2014-15 school years have sufficient knowledge of the CDOS learning standards to qualify for the award of the Regents Certificate of Work Readiness.
COSTS:
a. Costs to State government: None.
b. Costs to local governments: There may be costs associated with issuing students a Regents Certificate of Work Readiness if districts opt to develop their own forms, in lieu of using the Department's career plan and employability profile model forms. These costs are anticipated to be minimal and capable of being absorbed by districts using existing staff and resources.
c. Costs to regulated parties: There may be costs associated with issuing students a Regents Certificate of Work Readiness if districts opt to develop their own forms, in lieu of using the Department's career plan and employability profile model forms. These costs are anticipated to be minimal and capable of being absorbed by districts using existing staff and resources.
d. Costs to the State Education Department of implementation and continuing compliance: None.
LOCAL GOVERNMENT MANDATES:
The proposed amendment would require school districts to provide students with disabilities with the opportunity to exit high school with a Regents Certificate of Work Readiness and to ensure that the student's transcript and permanent records include notation of career and technical education coursework and work-based learning experiences completed by the student. It would also require the district to provide a student with a copy of a form to complete his/her Career Plan. Further, for students with disabilities who meet the minimum requirements for the Regents Certificate of Work Readiness, the proposed amendment would require school personnel to complete and maintain a work skills employability profile for the student during his/her last year of school. Currently, an employability profile is only required for students participating in an approved career and technical education program pursuant to section 100.5(d)(6).
Section 100.5, as amended, adds the Skills and Achievement Commencement Credential and the Regents Certificate of Work Readiness to the list of other diploma, credentials and certificates available to students.
Section 100.6, as amended, renumbers the provisions for the Skills and Achievement Commencement Credential; and establishes minimum requirements for students with disabilities to earn a Regents Certificate of Work Readiness.
Section 200.5, as amended, requires that prior notice relating to the provision of a free appropriate public education (FAPE) upon graduation must notify parents that a student awarded a Regents Certificate of Work Readiness continues to be eligible for FAPE until the end of the school year in which the student turns age 21 or until the receipt of a Regents or local high school diploma.
PAPERWORK:
The proposed amendment requires transcript documentation of work-based learning experiences completed by a student with a disability and requires that the school complete an employability profile for a student with a disability who has met the minimum learning experiences to earn a Regents Certificate of Work Readiness.
DUPLICATION:
The proposed amendment does not duplicate, overlap or conflict with any other State or federal statute or regulation.
ALTERNATIVES:
Other options considered include requiring additional coursework and work-based learning experiences; establishing minimum credit requirements; and/or requiring students to pass the assessments necessary to earn one of the national work readiness credentials. The Department also considered extending the sunset date for the individualized education program (IEP) diploma but chose to propose an exception to certain requirements to allow appropriate discretion for school principals to determine whether students exiting high school in the 2013-14 and 2014-15 school years have sufficient knowledge of the CDOS learning standards to qualify for the award of the Regents Certificate of Work Readiness.
FEDERAL STANDARDS:
The proposed amendment is not required by federal law or regulations. There are no applicable federal statutes, regulations or other requirements.
COMPLIANCE SCHEDULE:
It is anticipated that regulated parties will be able to achieve compliance with the proposed amendment by its effective date. The proposed amendment establishes that the new credential must be available to students with disabilities beginning July 1, 2013 and thereafter. To ensure sufficient time for local educational agency (LEA) implementation, the proposed amendment includes exceptions to certain requirements to allow appropriate discretion for school principals to determine whether students exiting high school in the 2013-14 and 2014-15 school years have sufficient knowledge of the CDOS learning standards to qualify for the award of the Regents Certificate of Work Readiness.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment authorizes school districts, charter schools and nonpublic schools, beginning July 1, 2013 and thereafter, to award a Regents Certificate of Work Readiness to a student with a disability, except those deemed eligible for a Skills and Achievement Commencement Credential, to document preparation for entry-level employment after high school. The proposed amendment does not impose any adverse economic impact, reporting, recordkeeping 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 affirmative steps are 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 all public school districts, charter schools, and registered nonpublic high schools in the State, to the extent that they offer instruction in the high school grades.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment would require school districts to provide students with disabilities with the opportunity to exit high school with a Regents Certificate of Work Readiness and to ensure that the student's transcript and permanent records include notation of career and technical education coursework and work-based learning experiences completed by the student. It would also require the district to provide a student with a copy of a form to complete his/her Career Plan. Further, for students with disabilities who meet the minimum requirements for the Regents Certificate of Work Readiness, the proposed amendment would require school personnel to complete and maintain a work skills employability profile for the student during his/her last year of school. Currently, an employability profile is only required for students participating in an approved career and technical education program pursuant to section 100.5(d)(6).
Section 100.5, as amended, adds the Skills and Achievement Commencement Credential and the Regents Certificate of Work Readiness to the list of other diploma, credentials and certificates available to students.
Section 100.6, as amended, renumbers the provisions for the Skills and Achievement Commencement Credential; and establishes minimum requirements for students with disabilities to earn a Regents Certificate of Work Readiness.
Section 200.5, as amended, requires that prior notice relating to the provision of a free appropriate public education (FAPE) upon graduation must notify parents that a student awarded a Regents Certificate of Work Readiness continues to be eligible for FAPE until the end of the school year in which the student turns age 21 or until the receipt of a Regents or local high school diploma.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional service requirements on local governments.
4. COMPLIANCE COSTS:
There may be costs to school districts, charter schools and nonpublic schools associated with issuing students a Regents Certificate of Work Readiness if districts opt to develop their own forms, in lieu of using the Department's career plan and employability profile model forms. These costs are anticipated to be minimal and capable of being absorbed by districts using existing staff and resources.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements or costs on local governments.
6. MINIMIZING ADVERSE IMPACT:
The Department considered current diploma requirements and existing Department policy relating to work-based learning experiences when establishing the minimum coursework and work-based learning experience instructional requirements. Because the individualized education program (IEP) diploma sunsets as of June 30, 2013, to ensure sufficient time for local educational agency (LEA) implementation, the proposed amendment includes exceptions to certain requirements to allow appropriate discretion for school principals to determine whether students exiting high school in the 2013-14 and 2014-15 school years have sufficient knowledge of the CDOS learning standards to qualify for the award of the Regents Certificate of Work Readiness.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment 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.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment will apply to all public school districts, charter schools, and registered nonpublic high schools in the State, to the extent that they offer instruction in the high school grades, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with population density of 150 per square miles or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional compliance requirements or professional services requirements on entities in rural areas.
The proposed amendment authorizes school districts and nonpublic schools, beginning July 1, 2013 and thereafter, to award a Regents Certificate of Work Readiness to a student with a disability, except those deemed eligible for a Skills and Achievement Commencement Credential, to document the student's preparation for entry-level employment after high school.
Section 100.5, as amended, adds the Skills and Achievement Commencement Credential and the Regents Certificate of Work Readiness to the list of other diploma, certificates and credentials available to students.
Section 100.6, as amended, renumbers the provisions for the Skills and Achievement Commencement Credential; and establishes minimum requirements for students with disabilities to earn a Regents Certificate of Work Readiness.
Section 200.5, as amended, requires that prior notice relating to the provision of a free appropriate public education (FAPE) upon graduation must notify parents that a student awarded a Regents Certificate of Work Readiness continues to be eligible for FAPE until the end of the school year in which the student turns age 21 or until the receipt of a Regents or local high school diploma.
3. COSTS:
There may be costs to school districts, charter schools and nonpublic schools in rural areas that are associated with issuing students a Regents Certificate of Work Readiness if districts opt to develop their own forms, in lieu of using the Department's career plan and employability profile model forms. These costs are anticipated to be minimal and capable of being absorbed by districts using existing staff and resources.
4. MINIMIZING ADVERSE IMPACT:
The Department considered current diploma requirements and existing Department policy relating to work-based learning experiences when establishing the minimum coursework and work-based learning experience instructional requirements. Because the individualized education program (IEP) diploma sunsets as of June 30, 2013, to ensure sufficient time for local educational agency (LEA) implementation, the proposed amendment includes exceptions to certain requirements to allow appropriate discretion for school principals to determine whether students exiting high school in the 2013-14 and 2014-15 school years have sufficient knowledge of the CDOS learning standards to qualify for the award of the Regents Certificate of Work Readiness.
The proposed amendment would authorize school districts to award a State-recognized credential to any student with a disability in the State who meets the minimum requirements, and therefore it is not appropriate to establish different compliance and reporting requirements for regulated parties in rural areas, or to exempt them from the rule's provisions.
5. RURAL AREA PARTICIPATION:
The proposed amendment was submitted for comment to the Department's Rural Education Advisory Committee, which includes representatives of school districts in rural areas.
Job Impact Statement
The proposed amendment authorizes school districts and nonpublic schools, beginning July 1, 2013 and thereafter, to award a Regents Certificate of Work Readiness to a student with a disability, except those deemed eligible for a Skills and Achievement Commencement Credential, to document preparation for entry-level employment after high school.
The proposed amendment will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.
