Establishes criteria for awarding credit towards a Regents diploma for online and online/classroom coursework.
Text of proposed rule:
Paragraph (10) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is added, effective June 8, 2011, as follows:
(10) Credit for Online and Blended Courses.
(i) Definitions. For purposes of this paragraph:
(a) Online course means instruction in a specific unit of study consisting of teacher-to-student, student-to-student and/or student-to-content interactions that occur solely through digital and/or Internet-connected media.
(b) Blended course means instruction in a specific unit of study consisting of teacher-to-student, student-to-student and/or student-to-content interactions that occur through any combination of classroom-based and digital and/or Internet-connected media.
(c) Certified teacher means a teacher who holds a New York State teaching certificate in the subject area in which instruction is provided.
(ii) A school district, a charter school or a registered nonpublic school may provide its students with an opportunity to earn units of credit towards a Regents diploma through online and/or blended course study, pursuant to the following:
(a) To receive credit, the student shall successfully complete a unit of study and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject or other assessment required for graduation, if applicable.
(b) The school district, registered nonpublic school or charter school shall ensure that:
(1) courses are aligned with the applicable New York State Learning Standards for the subject area;
(2) courses provide for documentation of student mastery of the learning outcomes for such subjects, including passing the Regents examination in the subject or other assessment required for graduation, if applicable;
(3) instruction is provided by or under the direction and/or supervision of:
(i) a certified teacher from the school district; or
(ii) a certified teacher from a board of cooperative educational services (BOCES) that contracts with the school district to provide instruction in the subject area where authorized pursuant to Education Law § 1950; or
(iii) a certified teacher from a school district who provides instruction in the subject area under a shared service agreement; or
(iv) in the case of a registered nonpublic school, a teacher of the subject area from a registered nonpublic school; or
(v) in the case of a charter school, a teacher of the subject area from a charter school.
(4) courses include regular and substantive interaction between the student and the teacher providing direction and/or supervision pursuant to subclause (3) of this clause; and
(5) instruction satisfies the unit of study and unit of credit requirements in section 100.1(a) and (b) of this Part.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
John B. King, Jr., Senior Deputy Commissioner P-12, Office of Elementary, Middle, Secondary and Continuing Ed., State Education Building, Room 125, 89 Washington Avenue, Albany, NY 12234, (518) 474-3862, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
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.
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 the State education department to alter the subjects of required instruction.
2. LEGISLATIVE OBJECTIVES:
The proposed rule is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Board of Regents relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
3. NEEDS AND BENEFITS:
Digital and Internet-connected technologies have increased access to a rich variety of educational opportunities, in the form of online content and instruction, for schools and students across New York State. These educational opportunities have resulted in inquiries from school districts and educational organizations, and a need for the Department to establish alternative pathways for school districts to provide students with opportunities to earn course credit through online instruction and content.
The proposed rule would permit school districts, registered nonpublic schools and charter schools to provide their students with an opportunity to earn units of credit towards a Regents diploma through online or a combination of online and classroom- based (blended) coursework.
4. COSTS:
(a) Costs to State government: None.
(b) Costs to local government: The proposed rule permits, but does not require, school districts to provide instruction to their students by means of online coursework and does not directly impose any costs on school districts. School districts that choose to provide such instruction may incur some costs associated with implementing these programs through insuring the programs meet criteria and awarding credit for successful program completion. These costs are anticipated to be minimal and can be absorbed using existing district staff and resources.
(c) Costs to private regulated parties: The proposed rule permits, but does not require, registered nonpublic schools and charter schools to provide instruction to their students by means of online coursework and does not directly impose any costs on school districts Registered nonpublic schools and charter schools that choose to offer independent study credit, may incur some costs associated with implementing independent study programs through insuring the programs meet criteria and awarding credit for successful program completion. These costs are anticipated to be minimal and able to be absorbed using existing school staff and resources.
(d) Costs to regulating agency for implementation and continued administration of this rule: The proposed rule imposes no additional costs to the State Education Department as regulating agency.
5. LOCAL GOVERNMENT MANDATES:
The proposed rule does not impose any additional program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district, or local government. The proposed rule merely permits, but does not require, school districts to provide instruction to their students by means of online coursework for purposes of earning credit towards a Regents diploma.
6. PAPERWORK:
The proposed rule does not directly impose any paperwork or recordkeeping requirements. School districts, registered nonpublic schools and charter schools that choose to provide their students with instruction by means of online coursework must ensure the courses are:
• aligned with the applicable New York State learning standards for the subject area in which instruction is provided;
• provide for documentation of student mastery of the learning outcomes for such subjects, including passing the Regents examination in the subject or other assessment required for graduation, if applicable;
• provide for instruction by or under the direction and/or supervision of a certified teacher (if instruction is to be provided by a school district, BOCES, or pursuant to a shared service agreement), or of a teacher of the subject area (in the case of a registered nonpublic school or charter school);
• include regular and substantive interaction between the student and the teacher providing direction and/or supervision; and
• satisfy the unit of study and unit of credit requirements in section 100.1(a) and (b) of the Commissioner's Regulations.
7. DUPLICATION:
The proposed rule does not duplicate existing State or federal regulations.
8. ALTERNATIVES:
There were no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
There are no related federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed rule by its effective date.
Regulatory Flexibility Analysis
1. EFFECT OF RULE:
The proposed rule applies to each school district within the State. The proposed rule also applies to the approximately 10 registered (or registration pending) nonpublic high schools or junior-senior high schools in the State that are small businesses. In addition, there are presently 32 charter schools offering instruction in any or all of the grades 9-12.
2. COMPLIANCE REQUIREMENTS:
The proposed rule is necessary to implement policy adopted by the New York State Board of Regents by establishing criteria for earning credit towards a Regents degree by means of online or a combination of online and classroom-based (blended) coursework.
The proposed rule does not impose any additional compliance requirements on school districts. The proposed rule merely permits, but does not require, school districts to provide instruction to their students by means of online coursework for purposes of earning credit towards a Regents diploma.
School districts, registered nonpublic schools and charter schools that choose to provide their students with instruction by means of online coursework must ensure the courses are:
• aligned with the applicable New York State learning standards for the subject area in which instruction is provided;
• provide for documentation of student mastery of the learning outcomes for such subjects, including passing the Regents examination in the subject or other assessment required for graduation, if applicable;
• provide for instruction by or under the direction and/or supervision of a certified teacher (if instruction is to be provided by a school district, BOCES, or pursuant to a shared service agreement), or of a teacher of the subject area (in the case of a registered nonpublic school or charter school);
• include regular and substantive interaction between the student and the teacher providing direction and/or supervision; and
• satisfy the unit of study and unit of credit requirements in section 100.1(a) and (b) of the Commissioner's Regulations.
3. PROFESSIONAL SERVICES:
The proposed rule imposes no additional professional service requirements on school districts.
4. COMPLIANCE COSTS:
The proposed rule permits, but does not require, school districts to provide instruction to their students by means of online coursework and does not directly impose any costs on school districts. School districts that choose to provide such instruction may incur some costs associated with implementing these programs through insuring the programs meet criteria and awarding credit for successful program completion. These costs are anticipated to be minimal and can be absorbed using existing district staff and resources.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule does not impose any technological requirements on school districts or registered nonpublic schools. Economic feasibility is addressed under the Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed rule will establish State-wide standards for earning credit towards a Regents degree by means of online or blended programs offered by school districts, registered nonpublic schools and charter schools.
The proposed rule has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts. The proposed rule provides considerable flexibility and discretion to school districts and registered nonpublic schools to develop and implement online and blended coursework for their students, provided that the programs are: (i) aligned with the applicable New York State learning standards for the subject area in which instruction is provided; (ii) provide for documentation of student mastery of the learning outcomes for such subjects, including passing the Regents examination in the subject or other assessment required for graduation, if applicable; (iii) provide for instruction by or under the direction and/or supervision of a certified teacher (if instruction is to be provided by a school district, BOCES, or pursuant to a shared service agreement), or of a teacher of the subject area in which instruction is to be provided (in the case of a registered nonpublic school or charter school); (iv) include regular and substantive interaction between the student and the teacher providing direction and/or supervision; and (v) satisfy the unit of study and unit of credit requirements in section 100.1(a) and (b) of the Commissioner's Regulations.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule 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. In addition, comments were solicited from the Commissioner's Advisory Council for Nonpublic Schools and from charter schools offering instruction in any of the grades 9-12.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule 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. The proposed rule also applies to one charter school located in such area. There are no registered nonpublic schools located in such areas.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule is necessary to implement policy adopted by the New York State Board of Regents by establishing criteria for earning credit towards a Regents degree by means of online or a combination of online and classroom-based coursework.
The proposed rule does not impose any additional compliance requirements on school districts. The proposed rule merely permits, but does not require, school districts to provide instruction to their students by means of online coursework for purposes of earning credit towards a Regents diploma.
School districts, registered nonpublic schools and charter schools that choose to provide their students with instruction by means of online coursework must ensure the courses are:
• aligned with the applicable New York State learning standards for the subject area in which instruction is provided;
• provide for documentation of student mastery of the learning outcomes for such subjects, including passing the Regents examination in the subject or other assessment required for graduation, if applicable;
• provide for instruction by or under the direction and/or supervision of a certified teacher (if instruction is to be provided by a school district, BOCES, or pursuant to a shared service agreement), or of a teacher of the subject area (in the case of a registered nonpublic school or charter school);
• include regular and substantive interaction between the student and the teacher providing direction and/or supervision; and
• satisfy the unit of study and unit of credit requirements in section 100.1(a) and (b) of the Commissioner's Regulations.
3. COMPLIANCE COSTS:
The proposed rule permits, but does not require, school districts to provide instruction to their students by means of online coursework and does not directly impose any costs on school districts. School districts that choose to provide such instruction may incur some costs associated with implementing these programs through insuring the programs meet criteria and awarding credit for successful program completion. These costs are anticipated to be minimal and can be absorbed using existing district staff and resources.
4. MINIMIZING ADVERSE IMPACT:
The proposed rule has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts. The proposed rule provides considerable flexibility and discretion to school districts and registered nonpublic schools to develop and implement online and blended coursework for their students, provided that the programs are: (i) aligned with the applicable New York State learning standards for the subject area in which instruction is provided; (ii) provide for documentation of student mastery of the learning outcomes for such subjects, including passing the Regents examination in the subject or other assessment required for graduation, if applicable; (iii) provide for instruction by or under the direction and/or supervision of a certified teacher (if instruction is to be provided by a school district, BOCES, or pursuant to a shared service agreement), or of a teacher of the subject area in which instruction is to be provided (in the case of a registered nonpublic school or charter school); (iv) include regular and substantive interaction between the student and the teacher providing direction and/or supervision; and (v) satisfy the unit of study and unit of credit requirements in section 100.1(a) and (b) of the Commissioner's Regulations.
The proposed rule will establish State-wide standards for earning credit towards a Regents degree by means of online or blended programs offered by school districts, registered nonpublic schools and charter schools. Therefore, it was not possible to establish different compliance and reporting requirements for regulated parties in rural areas, or to exempt them from the rule's provisions.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas. Comments were also solicited from the Commissioner's Advisory Council for Nonpublic Schools and from charter schools that offer instruction in grades 9 -12.
Job Impact Statement
The proposed rule establishes standards relating to earning credit towards a Regents degree by means of online or a combination of online and classroom-based (blended) coursework that is provided by school districts, registered nonpublic schools and charter schools. The proposed rule 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.
