Specific reasons underlying the finding of necessity:
The proposed amendment is necessary to address miscellaneous Common Core Transition issues by providing for transition to the Common Core English Language Arts and mathematics examinations in the following areas: (1) students with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit; by providing at the local school district's discretion an additional opportunity, at the January 2014 examination administration, for students enrolled in Common Core English Language Arts courses to meet diploma requirements by passing either the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core); and to reflect the change in name of the performance level descriptors.
The proposed amendment was adopted as an emergency action at the November 18-19, 2013 Regents meeting, effective November 19, 2013, and has now been adopted as a permanent rule at the February 10-11, 2014 Regents meeting. Pursuant to SAPA § 203(1), the earliest effective date of the permanent rule is February 26, 2014, the date a Notice of Adoption will be published in the State Register. However, the November emergency rule will expire on February 16, 2014, 90 days after its filing with the Department of State on November 19, 2013. A lapse in the rule's effective date could disrupt preparations for transitioning to the new CCLS Regents Examinations in English Language Arts (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II). Emergency action is therefore necessary for the preservation of the general welfare to ensure that the proposed rule adopted by emergency action at the November 2013 Regents meeting, and adopted as a permanent rule at the February 2014 Regents meeting, remains continuously in effect until the effective date of its permanent adoption.
Subject:
New York State Common Core Learning Standards (CCLS).
Purpose:
To transition to the Common Core English Language Arts (ELA) and mathematics examinations in the following areas: (1) students with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit; and enact technical changes.
Substance of emergency rule:
The Commissioner of Education proposes to amend sections 100.5(g) and 100.18(b) of the Commissioner's Regulations as an emergency rule. The following is a summary of the substantive provisions of the emergency rule.
Commissioner’s Regulations Part 100.5(g) – Diploma Requirements
The proposed amendment makes provisions for the new Regents Examinations in English Language Arts (ELA) and mathematics aligned to the Common Core to meet various diploma requirements. In each section below, the Common Core ELA and Mathematics Regents Examinations have been included as assessments allowable to meet diploma requirements. The proposed amendment also amends § 100.5(g)(1)(ii) to provide at the local school district's discretion an additional opportunity, at the January 2014 examination administration, for students enrolled in Common Core English Language Arts courses to meet diploma requirements by passing either the Regents Comprehensive Examination in English (2005) in addition to the Regents Examination in English Language Arts (Common Core). The regulation currently provides for this opportunity only during the June and August 2014 administrations.
100.5(g)(1)(i) and (ii) - Students with disabilities
The proposed amendment establishes English and Mathematics requirements for students with disabilities to obtain a local diploma, as follows:
English requirements - 100.5(g)(1)(i):
• students with disabilities who first enter grade nine prior to September 2011 and who fail the Regents comprehensive examination in English, may meet the English requirements for a local diploma by passing the Regents competency test in reading and the Regents competency test in writing or their equivalents;
• students with disabilities who first enter grade nine in September 2005 and thereafter may also meet the English requirements for a local diploma by passing the Regents comprehensive examination in English with a score of 55-64 or by earning a score within a comparable range, as approved by the Board of Regents, on the Regents Examination in English Language Arts (Common Core).
Mathematics requirements - 100.5(g)(1)(ii):
• Students with disabilities who first enter grade nine in or after September 1997 and prior to September 2011 and who fail a Regents examination in mathematics may meet the mathematics requirements for a local diploma by passing the Regents competency test in mathematics or its equivalent.
• Students with disabilities who first enter grade nine in September 2005 and thereafter may meet the mathematics requirements for a local diploma by passing a Regents examination in mathematics with a score of 55-64 or such other minimum passing score as approved by the Board of Regents on a commencement level Regents examination in mathematics that measures the Common Core Learning Standards.
100.5(g)(2) - Regents diploma with advanced designation
Beginning with the 2011-12 school year and thereafter, to earn a Regents diploma with an advanced designation, students must pass two or three commencement level Regents examinations in mathematics through one of the following combinations:
• Two examination combination. A student must pass (1) Mathematics A and Mathematics B, or (2) Mathematics A and Algebra 2/Trigonometry, or (3) Mathematics B and Integrated Algebra;
• Three examination combination. A student must pass (1) Mathematics A or Integrated Algebra or Algebra I (Common Core); and (2) Geometry or Geometry (Common Core); and (3) Mathematics B or Algebra 2/Trigonometry or Algebra II (Common Core).
100.5(g)(3) - Credit by examination
A student may earn a maximum of 6 1/2 units of credit for either a Regents or local diploma without completing units of study for such units of credit, if: (1) based on the student's past academic performance, the superintendent of a school district or the chief administrative officer of a registered nonpublic high school, or his or her designee, determines that the student will benefit academically by exercising this alternative; (2) the student achieves a score of at least 85, or its equivalent as determined by the commissioner, on a State-developed or State-approved assessment; (3) the student passes an oral examination or successfully completes a special project to demonstrate proficiency, in such knowledge, skills and abilities normally developed in the course of but not measured by the relevant Regents examination or State-approved examination if used, as determined by the principal; and (4) the student attends school, or received substantially equivalent instruction elsewhere until the age of 16.
• A student who earns a score of at least 85, or a comparable score as approved by the Regents, on a Regents examination in mathematics and meets the requirements in (1), (3) and (4) above shall receive one unit of credit.
• A student who first entered grade nine prior to September 2013 and who earns a score of at least 85 on the Regents comprehensive examination in English or a comparable score, as approved by the Board of Regents, on the Regents Examination in English Language Arts (Common Core) and meets the requirements in (1), (3) and (4) above shall receive one unit of credit. A student who first entered grade nine in September 2013 or thereafter and who earns a score of at least 85, or a comparable score as approved by the Board of Regents, on the Regents Examination in English Language Arts (Common Core) and meets the requirements in (1), (3) and (4) above shall receive one unit of credit.
100.5(g)(4) - Transfer credit
• Students who enter a registered high school for the first time in grade 11 in the 2002-2003 school year and thereafter, other than those students who have received home instruction or who have been enrolled in a registered or non-registered public or nonpublic high school, in order to receive a high school diploma must pass the Regents Comprehensive Examination in English or the Regents Examination in English Language Arts (Common Core), a Regents examination in mathematics, a Regents examination in United States history and government, and a Regents examination in science, or approved alternatives.
• Students who enter a registered high school for the first time in grade 12 in the 2004-2005 school year and thereafter, other than those students who have received home instruction or who have been enrolled in a registered or non-registered public or nonpublic high school, in order to receive a high school diploma must pass the Regents comprehensive examination in English or the Regents Examination in English Language Arts (Common Core), a Regents examination in mathematics, a Regents examination in United States history and government, or approved alternatives.
100.5(g)(1)(i)(b) - Additional opportunity for Students enrolled in Common Core ELA to meet diploma requirements by passing the Regents Comprehensive Examination in ELA (2005)
• For the January 2014, June 2014 and August 2014 administrations only, students enrolled in English Language Arts (Common Core) courses may, at the discretion of the applicable school district, take the Regents Comprehensive Examination in English (2005) in addition to the Regents Examination in English Language Arts (Common Core), and may meet such English requirement by passing either examination.
Commissioner’s Regulation section 100.18(b) – ESEA Accountability System
In addition to the above proposed revisions, the proposed amendment also amends § 100.18(b) of the Commissioner’s Regulation to reflect the change in name of the performance level descriptors (PLDs) as follows:
Level 1: Change from “below standards” to “well below proficient”
Level 2: Change from “meets basic standards” to “below proficient”
Level 3: Change from “meets proficiency standards” to “proficient”
Level 4: Change from “exceeds in standards” to “excels in standards”
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-49-13-00006-EP, Issue of December 4, 2013. The emergency rule will expire April 11, 2014.
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
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the State Education Department (SED), with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges SED with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 empowers the Regents and the Commissioner to adopt rules and regulations to carry out laws regarding education and the functions and duties conferred on SED 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 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 Regents.
Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
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 SED to alter the subjects of required instruction.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Regents relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
3. NEEDS AND BENEFITS:
The Regents adopted the Common Core State Standards (CCSS) for English Language Arts & Literacy (ELA) and Mathematics at its July 2010 meeting and incorporated New York-specific additions, creating the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting. At the July 2013 meeting the Board of Regents adopted by emergency action, effective July 30, 2013, a new Commissioner’s Regulation § 100.5(g) to allow students to meet diploma requirements by passing Regents Examinations in English Language Arts and mathematics that are aligned to the New York State P-12 Common Core Learning Standards (see New York State Register, August 14, 2013; EDU-33-13-00022-EP). § 100.5(g) was permanently adopted at the October 2013 Regents meeting (New York State Register, November 6, 2013; EDU-33-13-00022-A). In order to address issues arising from that adoption, and allow students to continue to meet the requirements for all diploma types, (local, Regents and Regents with Advanced Designation) further revisions to the Commissioner's Regulations are necessary as the new Common Core Regents examinations are being phased-in and the Regents Examinations aligned to the 2005 Core are phased-out. These technical amendments do not result in any substantive policy changes, but rather serve only to reconcile existing regulations with newly adopted Common Core assessment regulations.
The proposed amendment provides for transition to the Common Core English Language Arts (ELA) and mathematics examinations in the following areas: (1) students with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at the local school district's discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration. The proposed amendment currently provides for this opportunity only during the June and August 2014 administrations. Finally, the proposed amendment updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA).
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 is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations, and does not impose any costs on the State, school districts, charter schools or the State Education Department. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at the local school district's discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA).
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations, and does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at the local school district's discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA).
6. PAPERWORK:
The rule does not impose any specific recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The rule does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
There are no significant alternatives to the rule and none were considered. The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at local discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA).
9. FEDERAL STANDARDS:
There are no related federal standards.
10. COMPLIANCE SCHEDULE:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and 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.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment is necessary to implement requirements for transitioning to the New York State Common Core English Language Arts (ELA) and mathematics examinations. The proposed amendment relates to State learning standards, State assessments, graduation and diploma requirements and higher levels of student achievement, and does not impose any adverse economic impact, reporting, record keeping 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 Government:
1. EFFECT OF RULE:
The proposed amendment applies to each of the 695 public school districts in the State, and to charter schools that are authorized to issue Regents diplomas with respect to State assessments and high school graduation and diploma requirements. At present, there are 34 charter schools authorized to issue Regents diplomas.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations, and does not impose any additional compliance requirements on local governments. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at local discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA).
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations, and does not impose any costs on school districts or charter schools. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at local discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA).
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements on school districts or charter schools. Economic feasibility is addressed in the Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations, and does not impose any additional compliance requirements or costs on school districts or charter schools. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at local discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA). 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.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the rule 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.
8. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy providing for a transition to the New York State Common Core Learning Standards (CCLS) adopted at the January 2011 Regents meeting. Accordingly, there is no need for a shorter review period.
The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 16. of the Notice of Emergency Adoption and Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to each of the 695 public 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. The proposed amendment also applies to charter schools in such areas, to the extent they offer instruction in the high school grades and issue Regents diplomas. At present, there is one charter school located in a rural area that is authorized to issue Regents diplomas.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment is necessary to implement requirements for transitioning to Common Core English Language Arts (ELA) and mathematics examinations, and does not impose any additional reporting, recordkeeping or other compliance requirements on entities in rural areas. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at local discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA). The proposed amendment does not impose any additional professional services requirements.
3. COMPLIANCE COSTS:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations, and does not impose any costs on the State, school districts, charter schools or the State Education Department. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at local discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA).
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement requirements for transitioning to Common Core ELA and mathematics examinations, and does not impose any additional compliance requirements or costs on school districts or charter schools in rural areas. The proposed amendment merely adds the Common Core ELA and mathematics examinations as assessments allowable to meet diploma requirements in the following areas: (1) student with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit. The proposed amendment also provides, at local discretion, an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration, and updates the names of the performance level descriptors for accountability purposes under the Elementary and Secondary Education Act (ESEA). Because the Regents policy upon which the proposed amendment is based applies to all school districts and BOCES 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 schools in rural areas from coverage by the proposed amendment.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
6. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy providing for a transition to the New York State Common Core Learning Standards (CCLS) adopted at the January 2011 Regents meeting. Accordingly, there is no need for a shorter review period.
The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 16. of the Notice of Emergency Adoption and Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Job Impact Statement
The proposed amendment is necessary to implement requirements for transitioning to the New York State Common Core Learning Standards (CCLS). The 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 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 agency received no public comment since publication of the last assessment of public comment.
