Home » 2012 Issues » February 15, 2012 » EDU-07-12-00009-P Award of Local High School Diploma to Veterans of World War II, the Korean Conflict and the Vietnam War
EDU-07-12-00009-P Award of Local High School Diploma to Veterans of World War II, the Korean Conflict and the Vietnam War
2/15/12 N.Y. St. Reg. EDU-07-12-00009-P
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 7
February 15, 2012
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-07-12-00009-P
Award of Local High School Diploma to Veterans of World War II, the Korean Conflict and the Vietnam War
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 100.5(b)(7) of Title 8 NYCRR.
Award of Local High School Diploma to Veterans of World War II, the Korean Conflict and the Vietnam War.
Purpose:
Prescribe requirements for award of high school diplomas to veterans.
Text of proposed rule:
Paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective May 16, 2012, as follows:
(7) Types of diplomas. (i) Except as provided in subparagraphs (vi), (vii), [and] (viii) and (xi) of this paragraph, and paragraph (7) of subdivision (d) of this section, for students first entering grade nine in the 2001-2002 school year and thereafter, there shall be no diplomas or certificates 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; [or]
(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.
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) . . .
(vii) . . .
(viii) . . .
(ix) . . .
(x) . . .
(xi) Notwithstanding the provisions of this section, any veteran of the Armed Forces of the United States who served in World War II, the Korean Conflict or the Vietnam War and who was unable, for any reason, to complete a secondary education, may be awarded a local diploma based on knowledge and experience gained while in service, pursuant to the provisions of this subparagraph.
(a) In order to obtain a local diploma, the candidate may submit to any school district:
(1) evidence of service during World War II (December 7, 1941 through December 31, 1946) or the Korean Conflict (June 27, 1950 through January 31, 1955) or the Vietnam War (May 1, 1961 through April 30, 1975) and receipt of an honorable discharge. Such documentation may include a copy of discharge papers or other such documents or a letter from a recognized veterans agency affirming such service; and
(2) a statement affirming in writing that the candidate is a resident of New York State and does not possess a high school diploma.
(b) Upon submission of documentation meeting the requirements of clause (a) of this subparagraph, the school district to which such documentation is submitted shall issue the candidate a local diploma. No fee shall be charged for such issuance.
(c) The next of kin of a deceased veteran may apply for and receive such diploma, on behalf of the deceased, upon submission of documentation meeting the requirements of clause (a) of this subparagraph, together with a copy of a death certificate for such deceased veteran or other satisfactory proof of death, and satisfactory proof of such kinship.
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) 474-8857, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Kevin G. Smith, Deputy Commissioner, Office of Adult Career and Continuing Education Services, Room 1606, One Commerce Plaza, Albany, NY 12234, (518) 474-2714
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
1. 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 the educational work of the State.
Education Law section 207 empowers the Board of Regents and the Commissioner to adopt rules and regulations to carry out laws of the State regarding education and the functions and duties conferred on the Department by law.
Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.
Education Law section 209 authorizes the Regents to establish secondary school examinations in studies furnishing a suitable standard of graduation and of admission to colleges; to confer certificates or diplomas on students who satisfactorily pass such examinations; and requires the admission to these examinations of any person who shall conform to the rules and pay the fees prescribed by the Regents.
Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents. Section 305(29), (29-a) and (29-b) direct the Commissioner to develop a program whereby any veteran of the armed forces who served in World War II, the Korean Conflict, or the Vietnam War, and who was unable, for any reason, to complete a secondary education, may be awarded a high school diploma based on knowledge and experience gained while in service.
Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.
Education Law section 3204(3) provides for required courses of study in the public schools and authorizes the State Education Department to alter the subjects of required instruction.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to prescribe requirements for the award of high school diplomas to certain veterans pursuant to Education Law section 305(29), (29-a) and (29-b).
3. NEEDS AND BENEFITS:
The proposed amendment is necessary to prescribe, in the Commissioner's Regulations, requirements for the award of high school diplomas to certain veterans pursuant to Education Law section 305(29), (29-a) and (29-b). The statute directs the Commissioner to develop a program whereby any veteran of the armed forces who served in World War II, the Korean Conflict, or the Vietnam War, and who was unable, for any reason, to complete a secondary education, may be awarded a high school diploma based on knowledge and experience gained while in service. Such program has been in existence for many years, having been originally established for World War II veterans and expanded over the years to include Korean and Vietnam veterans, and operates under the name "Operation Recognition", whereby a veteran meeting the statutory requirements can be awarded a local high school diploma.
In July 2005, the Board of Regents amended Commissioner's Regulations section 100.5(b)(7) to eliminate the local high school diploma for general education students, beginning with students who entered grade 9 in 2008. While section 100.5(b)(7) provides exceptions to allow local high school diplomas for certain groups of students in limited circumstances, no exception is currently provided in the Commissioner's Regulations for veterans receiving a high school diploma pursuant to Education Law section 305(29), (29-a) and (29-b). Consequently, school districts stopped issuing local diplomas to veterans requesting them pursuant to the statute. The proposed amendment will amend section 100.5(b)(7) of the Commissioner's Regulations to provide for issuance of a local high school diploma to such veterans, consistent with the statute's requirements, and to add a new subparagraph (xi) to codify in the Commissioner's Regulations the process for the issuance of such diplomas.
4. COSTS:
(a) Costs to State government: None.
(b) Costs to local government: None. The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and will not impose any costs on school districts beyond those inherent in the statute. The proposed amendment merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to Education Law section 305(29), (29-a) and (29-b). It is anticipated that any costs associated with issuing local diplomas to veterans will be minimal and capable of being absorbed using existing school district staff and resources. The number of veterans who may request such diploma, by its nature, is very limited. Although the State Education Department does not maintain records of the number of local diplomas issued to veterans under the statute, based upon informal inquiries by veterans received by the Department, it is estimated that no more than 75 to 100 veterans would seek such diploma in a given year. Since there are 695 school districts in the State, the number of requests for diplomas is expected to be far less than 1 request per school district.
(c) Costs to private regulated parties: None.
(d) Costs to regulating agency for implementation and continued administration of this rule: None.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district. It merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to Education Law section 305(29), (29-a) and (29-b).
Pursuant to the proposed amendment, a school district shall award a local diploma to a candidate who submits documentation that provides evidence of service during World War II (December 7, 1941 through December 31, 1946) or the Korean Conflict (June 27, 1950 through January 31, 1955) or the Vietnam War (May 1, 1961 through April 30, 1975) and receipt of an honorable discharge, and a statement affirming in writing that the candidate is a resident of New York State and does not possess a high school diploma. The next of kin of a deceased veteran may apply for and receive such diploma, on behalf of the deceased, upon submission of the specified documentation, together with a copy of a death certificate for the deceased veteran or other satisfactory proof of death, and satisfactory proof of kinship.
6. PAPERWORK:
The proposed amendment does not impose any additional paperwork requirements on school districts. It merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to Education Law section 305(29), (29-a) and (29-b).
7. DUPLICATION:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) by codifying in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to the statute. There are no significant alternatives to the proposed amendment and none were considered.
9. FEDERAL STANDARDS:
There are no related federal standards in this area.
10. COMPLIANCE SCHEDULE:
Because the proposed amendment merely codifies existing practice in the Commissioner's Regulations, it is anticipated that school districts will be able to achieve compliance with this rule by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment relates to the award of local high school diplomas to certain veterans of the U.S. Armed Forces, and 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 further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Governments:
1. EFFECT OF RULE:
The proposed amendment applies to each school district within the State.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and does not impose any additional compliance requirements on school districts. It merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to the statute.
Pursuant to the proposed amendment, a school district shall award a local diploma to a candidate who submits documentation that provides evidence of service during World War II (December 7, 1941 through December 31, 1946) or the Korean Conflict (June 27, 1950 through January 31, 1955) or the Vietnam War (May 1, 1961 through April 30, 1975) and receipt of an honorable discharge, and a statement affirming in writing that the candidate is a resident of New York State and does not possess a high school diploma. The next of kin of a deceased veteran may apply for and receive such diploma, on behalf of the deceased, upon submission of the specified documentation, together with a copy of a death certificate for the deceased veteran or other satisfactory proof of death, and satisfactory proof of kinship.
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional service requirements on school districts.
4. COMPLIANCE COSTS:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and will not impose any costs on school districts beyond those inherent in the statute. The proposed amendment merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to Education Law section 305(29), (29-a) and (29-b). It is anticipated that any costs associated with issuing local diplomas to veterans will be minimal and capable of being absorbed using existing school district staff and resources. The number of veterans who may request such diploma, by its nature, is very limited. Although the State Education Department does not maintain records of the number of local diplomas issued to veterans under the statute, based upon informal inquiries by veterans received by the Department, it is estimated that no more than 75 to 100 veterans would seek such diploma in a given year. Since there are 695 school districts in the State, the number of requests for diplomas is expected to be far less than 1 request per school district.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any technological requirements or costs on school districts.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and does not impose any additional compliance requirements or costs on school districts beyond those inherent in the statute. It merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to the statute.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed amendment were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from the chief school officers of the five big city school districts.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to all school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and does not impose any additional compliance requirements or professional service requirements on school districts in rural areas beyond those inherent in the statute. It merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to the statute.
Pursuant to the proposed amendment, a school district shall award a local diploma to a candidate who submits documentation that provides evidence of service during World War II (December 7, 1941 through December 31, 1946) or the Korean Conflict (June 27, 1950 through January 31, 1955) or the Vietnam War (May 1, 1961 through April 30, 1975) and receipt of an honorable discharge, and a statement affirming in writing that the candidate is a resident of New York State and does not possess a high school diploma. The next of kin of a deceased veteran may apply for and receive such diploma, on behalf of the deceased, upon submission of the specified documentation, together with a copy of a death certificate for the deceased veteran or other satisfactory proof of death, and satisfactory proof of kinship.
3. COMPLIANCE COSTS:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and will not impose any costs on school districts beyond those inherent in the statute. The proposed amendment merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to Education Law section 305(29), (29-a) and (29-b). It is anticipated that any costs associated with issuing local diplomas to veterans will be minimal and capable of being absorbed using existing school district staff and resources. The number of veterans who may request such diploma, by its nature, is very limited. Although the State Education Department does not maintain records of the number of local diplomas issued to veterans under the statute, based upon informal inquiries by veterans received by the Department, it is estimated that no more than 75 to 100 veterans would seek such diploma in a given year. Since there are 695 school districts in the State, the number of requests for diplomas is expected to be far less than 1 request per school district.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 305(29), (29-a) and (29-b) and does not impose any additional compliance requirements or costs on school districts in rural areas beyond those inherent in the statute. It merely codifies in the Commissioner's Regulations the existing process for awarding a local high school diploma to veterans pursuant to the statute.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
Job Impact Statement
The proposed amendment relates to the award of local high school diplomas to certain veterans of the U.S. Armed Forces,, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have 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.
