Specific reasons underlying the finding of necessity:
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), on March 7, 2013, after issuance of a competitive Request for Proposal, Commissioner King announced a new examination called Test Assessing Secondary Completion (TASC), to be first administered beginning January 1, 2014.
As part of its overall transition plan, the State Education Department (SED) has been active in alerting the public to the changes to the GED® examination and notifying those students who have passed parts but not the entire GED® examination that they have until December 31, 2013 to finish taking the exam or they will have to retake the entire new exam. As expected, there has been a surge in the number of people taking the GED® examination. The first nine months of 2013 has seen a 22.6% increase in GED® examination administrations from the previous year.
The increased surge has resulted in a number of test centers in New York City filling all their seats for exam dates through the end of the year. In anticipation of this surge, NYC DOE was provided additional funding in the city budget to provide additional test dates in 2013. Consequently, NYC DOE scheduled new examination dates (including Sundays) providing over 6,000 additional seats. Test centers operated by CUNY also scheduling additional exam dates to add over 3,000 additional seats.
The anticipated surge in test takers has been significant and is expected to continue through the end of 2013. SED has worked closely with all involved to assure that test takers are aware of the changes, are receiving the guidance and instructional support needed to make informed decisions and can access the GED® exam before the end of the year. We have monitored the availability of test seats at our 269 approved test centers and collaborated with test centers in the New York Metropolitan area, where demand is heaviest, to expand the capacity including significant financial support from New York City Department of Education (DoE). Nonetheless, it is unlikely that we have reached everyone impacted by these changes.
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 and final transition from the GED® exam to the TASC even with a phased-in approach to increased rigor.
To better assure a seamless transition to the new exam, the proposed amendment would allow, for a limited time, a passing score on up to four sub-tests of the 2002 GED® exam to be accepted as a passing score for the corresponding sub-test(s) on the Test Assessment of Secondary Completion (TASC). Specifically, 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 from 2014 through 2015.
Since publication of a Notice of Proposed Rule Making in the State Register on October 9, 2013, the proposed amendment has been revised to clarify that the passing scores on no more than four sub-tests of the 2002 GED® exam may be accepted as passing scores for the corresponding sub-tests of TASC. Currently, in order to receive a High School Equivalency Diploma, a candidate must pass all five sub-tests and also achieve a cumulative score of 2250 on the sub-tests. Since a sub-test passing score is currently set at a score of at least 410, it is possible for a candidate to pass all five sub-tests and still not achieve a 2250 cumulative score (410 x 5 = 2050). However, the proposed amendment as currently drafted establishes no limits on the number of sub-test scores that may be used and therefore would allow all five sub-test scores on the old GED® test to be accepted as a passing score on the sub-tests of the new TASC test. This could have the unintended effect of allowing a candidate who would not pass the GED® exam under current requirements to assert the right to substitute passing scores on all five sub-tests. Therefore, the proposed amendment has been revised to clarify that the passing scores on no more than four-sub tests may be accepted.
Because the Board of Regents meets at scheduled intervals the earliest the revised proposed amendment could be presented for regular (non-emergency) adoption, after publication of a Notice of Revised Rule Making in the State Register and expiration of the 30-day public comment period for revised rule makings prescribed in State Administrative Procedure Act (SAPA) section 202(4-a), is the February 10-11, 2014 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the revised proposed amendment, if adopted at the February meeting, would be February 26, 2014, the date a Notice of Adoption would be published in the State Register. However, emergency action to adopt the proposed rule is necessary now for the preservation of the general welfare to timely provide candidates for a high school equivalency diploma with the ability to use their passing scores on up to four sub-tests on examination(s) taken in calendar years 2002 through 2013 for the English version of the examination (and 2003 through 2013 for the Spanish version) as passing scores on the corresponding sub-tests of the new examination prescribed for the program and to be administered on or after January 1, 2014 and before January 1, 2016.
It is anticipated that the emergency rule will be presented to the Board of Regents for adoption as a permanent rule at the February 10-11, 2014 Regents meeting, which is the first scheduled meeting after expiration of the 30-day public comment period mandated by the State Administrative Procedure Act for proposed rulemakings.
Subject:
State High School Equivalency diploma.
Purpose:
To permit, for a limited time, acceptance of partial passing scores on up to four sub-tests of the current GED® examination for the corresponding sub-test on the new State High School Equivalency examination (the Test Assessing Secondary Completion – TASC).
Text of emergency/revised 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 at least one but not more than four 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 examination 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.
This notice is intended
to serve as both a notice of emergency adoption and a notice of revised rule making. The notice of proposed rule making was published in the State Register on October 9, 2013, I.D. No. EDU-41-13-00010-P. The emergency rule will expire March 16, 2014.
Emergency rule compared with proposed rule:
Substantial revisions were made in section 100.7(a)(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
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, (518) 474-8892, email: mleinung@mail.nysed.gov
Public comment will be received until:
30 days after publication of this notice.
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on October 9, 2013, the proposed amendment has been revised as follows.
Subparagraph (ii) of paragraph (2) of subdivision (a) of section 100.7 of the Regulations of the Commissioner of Education has been revised to clarify that the passing scores on no more than four sub-tests on the High School Equivalency examination(s) taken in calendar years 2002 through 2013 for the English version of the examination (and 2003 through 2013 for the Spanish version) may be accepted as passing scores on the corresponding sub-tests of the new examination prescribed for the program and administered on or after January 1, 2014 and before January 1, 2016.
Currently, in order to receive a High School Equivalency Diploma through the GED® test, a candidate must pass all five sub-tests and also achieve a cumulative score of 2250 on the sub-tests. Since a sub-test passing score is currently set at a score of at least 410, it is possible for a candidate to pass all five sub-tests and still not achieve a 2250 cumulative score (410 x 5 = 2050). However, the proposed amendment as currently drafted establishes no limits on the number of sub-test scores that may be used and therefore would allow all five sub-test scores on the old GED® test to be accepted as a passing score on the sub-tests of the new TASC test. This could have the unintended effect of allowing a candidate who would not pass the GED® exam under current requirements to assert the right to substitute passing scores on all five sub-tests. Therefore, the proposed amendment has been revised to clarify that the passing scores on no more than four-sub tests may be accepted.
The above revision requires that the Needs and Benefits, Costs and Paperwork sections of the previously published Regulatory Impact Statement be revised to read as follows.
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 up to four 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, a passing score on up to four sub-tests 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 up to four 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 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.
PAPERWORK:
The proposed amendment does not impose any additional paperwork or recordkeeping requirements. The amendment would allow a passing score on up to four 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 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.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on October 9, 2013, the proposed amendment has been revised as set forth in the Revised Regulatory Impact Statement.
The proposed amendment, as revised, applies to individuals who seek to obtain a New York State High School Equivalency Diploma and does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements or other costs on small businesses and local governments. Because it is evident from the nature of the revised 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.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on October 9, 2013, the proposed amendment has been revised as set forth in the Revised Regulatory Impact Statement.
The above revision requires that the Reporting, Recordkeeping and Other Compliance Requirements and Professional Services Requirement, the Compliance Costs and the Minimizing Adverse Impact sections of the previously published Rural Area Flexibility Analysis be revised to read as follows.
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 up to four 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 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 up to four 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 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 up to four 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 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.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on October 9, 2013, the proposed amendment has been revised as set forth in the Revised Regulatory Impact Statement.
The proposed amendment, as revised, is necessary to implement policy enacted by the Board of Regents relating to examination requirements for a high school equivalency diploma. The proposed revised amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the 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.
Assessment of Public Comment
The following comments were submitted with respect to the proposed rulemaking, which was published in the State Register on October 9, 2013.
COMMENT:
The Department received over fifty comments, all of which supported the proposed rule to allow a passing score on one or more of the sub-tests of the current GED® examination to be accepted as a passing score for high school equivalency (HSE) tests administered in 2014 and 2015.
Some stated that there has not yet been adequate time for students to prepare for the TASC exam, which will replace the GED in New York as of January 2014. In addition, teachers have only just begun to participate in professional development familiarizing them with the new high school equivalency exam, and many educators are still waiting for curriculum and materials aligned to the Common Core State Standards, on which the TASC is based. The proposed amendment will significantly ease the transition to the TASC exam, and will best serve the needs of students who have achieved success in some HSE subject areas by not penalizing them for the changes to the testing that are beyond their control. Most of those taking the HSE examination are adults who have added responsibilities, and allowing them to focus on the one or two subjects failed will assist them in passing these examinations. To make individuals begin the entire testing process again would negatively impact the rate of HSE obtained in NYS, and many of these adults would become discouraged and decide not to continue attempting to obtain their HSE. Obtaining a GED increases an individual's odds of finding gainful employment, and this will help to improve the local economy in the long-term.
