Specific reasons underlying the finding of necessity:
The proposed rule is necessary to implement Regents policy to provide additional flexibility in the transition to the Common Core Regents Examination in Algebra I by allowing, at the local school district's discretion, an additional opportunity for certain specified students to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (Common Core) at the June 2015 test administration, and meet the mathematics requirement for graduation by passing either examination.
The proposed rule was adopted by emergency action at the November 17-18, 2014 Regents meeting, effective November 18, 2014. A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on December 3, 2014. Subsequently, the proposed rule has been revised to clarify, consistent with the intent of the Regents, to provide this additional flexibility only for students who began Algebra I (Common Core) instruction prior to the current school year, so as to provide the same flexibility for students enrolled in four-semester “stretch” courses as had previously been available to students enrolled in two-semester courses or three-semester “stretch” courses.
Emergency action to adopt the proposed rule is necessary now for the preservation of the general welfare to immediately repeal the November emergency rule and adopt the revised proposed rule for purposes of clarifying the student cohort to which the proposed rule applies, and thereby ensure that school districts and affected students are given sufficient notice to prepare for and timely implement in the 2014-2015 school year the provision providing, at the local school district's discretion, an additional opportunity for students receiving Algebra I (Common Core) instruction that began prior to September 2014, to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (Common Core) at the June 2015 test administration, and meet the math requirement for graduation by passing either examination.
It is anticipated that the emergency rule adopted at the December 15-16, 2014 Regents meeting will be presented to the Board of Regents for adoption as a permanent rule at the February 8-9, 2015 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 revised proposed rulemakings.
Subject:
New York State Common Core Learning Standards (CCLS) in mathematics.
Purpose:
To provide additional flexibility in the transition to the Common Core-Aligned Regents Examination in Algebra 1.
Text of emergency/revised rule:
1. The emergency rule amending clause (a) of subparagraph (ii) of paragraph (1) of subdivision (g) of section 100.5 of the Regulations of the Commissioner of Education, that was adopted at the November 17-18, 2014 meeting of the Board of Regents, is repealed, effective December 16, 2014.
2. Clause (a) of subparagraph (ii) of paragraph (1) of subdivision (g) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective December 16, 2014, as follows:
(a) 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 (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:
(1)(i) 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 (a)(5)(i)(b) of this section by passing either examination; and
(ii) for the June 2015 administration only, students receiving algebra I (common core) instruction that began prior to September 2014 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 (a)(5)(i)(b) of this section by passing either examination; and
(2) . . .
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 December 3, 2014, I.D. No. EDU-48-14-00007-EP. The emergency rule will expire February 13, 2015.
Emergency rule compared with proposed rule:
Substantial revisions were made in section 100.5(g)(1).
Text of 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@nysed.gov
Data, views or arguments may be submitted to:
Ken Wagner, Deputy Commissioner, Office of Curriculum, Assessment and Educational Technology, EBA Room 875, 89 Washington Ave., Albany, NY 12234, (518) 474-5915, email: NYSEDP12@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 Emergency Adoption and Proposed Rule Making in the State Register on December 3, 2014, the proposed rule has been substantially revised as follows.
Based on field feedback, an emergency regulation was adopted by the Board of Regents at their November 2014 meeting to extend through the June 2015 test administration the option, at local discretion, to permit students enrolled in high school courses and receiving instruction aligned to the Common Core Algebra standards to take the Integrated Algebra Regents Examination in addition to the Common Core Algebra I Regents Exam and meet the math requirement for graduation by passing either examination.
The proposed revised emergency regulation clarifies the intent to provide this additional flexibility only for students who began Algebra I (Common Core) instruction prior to the current school year, so as to provide the same flexibility for students enrolled in four-semester “stretch” courses as had previously been available to students enrolled in two-semester courses or three-semester “stretch” courses.
Specifically, clause (a) of subparagraph (ii) of paragraph (1) of subdivision (g) of section 100.5 of the Commissioner’s Regulations has been revised to clarify that for the June 2015 administration only, students receiving Algebra I (Common Core) instruction that began prior to September 2014 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 by passing either examination.
The above revision requires that the Needs and Benefits, Costs, Local Government Mandates, and Compliance Schedule sections in the previously published Regulatory Impact Statement be revised to read as follows.
3. NEEDS AND BENEFITS:
The proposed amendment provides additional flexibility in the transition to the Common Core-aligned Regents Examination in Algebra I by allowing, at the discretion of the local school district, students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (common core) at the June 2015 test administration, and meet the requirement for graduation by passing either examination.
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. The transition plan for the new Regents Exams in Math (Common Core) includes the following:
• 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.
• 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 Regents Examinations aligned to the Mathematics Core Curriculum (Revised 2005), while those examinations are still being offered. 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 (2005 Revised) in addition to the Regents Examination in Algebra I (Common Core) and may meet the Mathematics graduation requirement by passing either exam.
The proposed amendment would extend to the June 2015 test administration, at the discretion of the local school district, the option for students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra (2005 Revised) in addition to the Regents Examination in Algebra I (Common Core) and meeting the Mathematics graduation requirement by passing either exam.
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 direct costs to the State, school districts, charter schools or the State Education Department. The proposed amendment provides additional flexibility in the transition to the Common Core-aligned Regents Examination in Algebra I by allowing, at the discretion of the local school district, students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (common core) at the June 2015 test administration, and meet the requirement for graduation by passing either examination. It is anticipated that any indirect costs associated with these requirements will be minimal and capable of being absorbed using existing school resources.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment would extend to the June 2015 test administration, at the discretion of the local school district, the option for students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra (2005 Revised) in addition to the Regents Examination in Algebra I (Common Core) and meeting the Mathematics graduation requirement by passing either exam.
10. COMPLIANCE SCHEDULE:
The proposed amendment is necessary to implement requirements for transitioning to Common Core mathematics examinations, and does not impose any additional compliance requirements or costs on school districts or charter schools. It is anticipated regulated parties will be able to achieve compliance with the rule by its effective date. The proposed amendment would extend to the June 2015 test administration, at the discretion of the local school district, the option for students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra (2005 Revised) in addition to the Regents Examination in Algebra I (Common Core) and meeting the Mathematics graduation requirement by passing either exam. Whether or not to offer such option is within the discretion of each school district.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on December 3, 2014, the proposed rule has been substantially revised as set forth in the Revised Regulatory Impact Statement submitted herewith.
The revision requires that the Compliance Requirements, Compliance Costs and Minimizing Adverse Impact sections in the previously published Regulatory Flexibility Analysis be revised to read as follows.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements on school districts or charter schools. The proposed amendment would extend to the June 2015 test administration, at the discretion of the applicable school district, the option for students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra (2005 Revised) in addition to the Regents Examination in Algebra I (Common Core) and meeting the Mathematics graduation requirement by passing either exam. Whether or not to offer such option is within the discretion of each school district or eligible charter school.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any direct costs to school districts or charter schools. The proposed amendment provides additional flexibility in the transition to the Common Core-aligned Regents Examination in Algebra I by allowing, at the discretion of the local school district, students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (common core) at the June 2015 test administration, and meet the requirement for graduation by passing either examination. Whether or not to offer such option is within the discretion of each school district or eligible charter school. It is anticipated that any indirect costs associated with these requirements will be minimal and capable of being absorbed using existing school resources.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not directly impose any additional compliance requirements or costs to school districts and charter schools. The proposed amendment is necessary to implement Regents policy to provide additional flexibility in the transition to the Common Core-aligned Regents Examination in Algebra I by allowing, at the discretion of the local school district, students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (common core) at the June 2015 test administration, and meet the requirement for graduation by passing either examination. Whether or not to offer such option is within the discretion of each school district or eligible charter school. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing school resources.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on December 3, 2014, the proposed rule has been substantially revised as set forth in the Revised Regulatory Impact Statement submitted herewith.
The revision requires that the Reporting, Recordkeeping and Other Compliance Requirements, Compliance Costs, and Minimizing Adverse Impact sections in 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 school districts or charter schools located in rural areas. The proposed amendment would extend to the June 2015 test administration, at the discretion of the applicable school district, the option for students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra (2005 Revised) in addition to the Regents Examination in Algebra I (Common Core) and meeting the Mathematics graduation requirement by passing either exam. Whether or not to offer such option is within the discretion of each school district or eligible charter school.
The proposed amendment does not impose any additional professional services requirements.
3. COMPLIANCE COSTS:
The proposed amendment provides additional flexibility in the transition to the Common Core-aligned Regents Examination in Algebra I by allowing, at the discretion of the local school district, students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (common core) at the June 2015 test administration, and meet the requirement for graduation by passing either examination. Whether or not to offer such option is within the discretion of each school district or eligible charter school. It is anticipated that any indirect costs associated with these requirements will be minimal and capable of being absorbed using existing school resources.
The proposed amendment does not impose any direct costs to school districts or charter schools located in rural areas.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not directly impose any additional compliance requirements or costs to school districts and charter schools located in rural areas. The proposed amendment is necessary to implement Regents policy to provide additional flexibility in the transition to the Common Core-aligned Regents Examination in Algebra I by allowing, at the discretion of the local school district, students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (common core) at the June 2015 test administration, and meet the requirement for graduation by passing either examination.
Because the Regents policy upon which the proposed amendment is based applies to all school districts 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 school districts or charter schools from coverage by the proposed amendment. The proposed amendment does not directly impose any additional compliance requirements or costs on school districts or charter schools. Whether or not to offer such option is within the discretion of each school district or eligible charter school. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing school resources.
Revised Job Impact Statement
Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on December 3, 2014, the proposed rule has been substantially revised as set forth in the Revised Regulatory Impact Statement submitted herewith.
The revised proposed amendment provides additional flexibility in the transition to the Common Core-aligned Regents Examination in Algebra I by allowing, at the discretion of the local school district, students receiving Algebra I (common core) instruction that began prior to September 2014 to take the Regents Examination in Integrated Algebra in addition to the Regents examination in Algebra I (common core) at the June 2015 test administration, and meet the requirement for graduation by passing either examination.
The revised 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 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.
