To establish the National External Diploma Program (NEDP) as a pathway to earn a NYS High School Equivalency Diploma.
Text of proposed rule:
1. Subparagraph (i) of paragraph (1) of subdivision (a) of section 100.7 of the Regulations of the Commissioner of Education is amended, effective June 1, 2016, as follows:
(i) shall be 19 years of age or over, or 18 years of age or older in the case of a student receiving a high school equivalency diploma based on successful completion of the National External Degree Program; or
2. Subparagraph (i) of paragraph (2) of subdivision (a) of section 100.7 of the Regulations of the Commissioner of Education is amended, effective June 1, 2016, as follows:
(2)(i) In order to receive a high school equivalency diploma, candidates shall:
(a) take a general comprehensive examination prescribed for the program, in English, and achieve a standing designated as satisfactory by the Commissioner of Education; or
(b) take a general comprehensive examination prescribed for the program in a language other than English, where available, and achieve a standing designated as satisfactory by the commissioner on such examination, except that such candidates shall receive a high school equivalency diploma with a transcript that bears an inscription indicating the language in which the general comprehensive examination was taken, and may exchange such diploma with a transcript for a diploma with a transcript not containing such inscription upon achievement of a satisfactory standing on the Reading and Writing subtest of the general comprehensive exam subsequently taken in the English language; or
(c) provide satisfactory evidence that they have successfully completed 24 semester hours or the equivalent as a recognized candidate for a college-level degree or certificate at an approved institution. Beginning with applications made on or after September 1, 2000 and before September 30, 2004, the 24 semester hours shall be distributed as follows: six semester hours or the equivalent in English language arts including writing, speaking and reading (literature); six semester hours or the equivalent in mathematics; three semester hours or the equivalent in natural sciences; three semester hours or the equivalent in social sciences; three semester hours or the equivalent in humanities; and three semester hours or the equivalent in career and technical education and/or foreign languages. Beginning with applications made on or after September 30, 2004, the 24 semester hours shall be distributed as follows: six semester hours or the equivalent in English language arts including writing, speaking and reading (literature); three semester hours or the equivalent in mathematics; three semester hours or the equivalent in natural sciences; three semester hours or the equivalent in social sciences; three semester hours or the equivalent in humanities; and six semester hours or the equivalent in any other courses within the registered degree or certificate program; or
(d) effective September 1, 2016 and thereafter, provide satisfactory evidence that they have successfully completed and thoroughly demonstrated the delineated competencies of the National External Diploma Program.
3. Section 100.8 of the Regulations of the Commissioner of Education is amended, effective June 1, 2016, as follows:
Boards of education specified by the commissioner may award a local high school equivalency diploma based upon experimental programs approved by the commissioner until [June 30, 2017] August 31, 2016, after which date such boards may no longer award a local high school equivalency diploma.
Text of proposed 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:
Mark Leinung, Director Adult Education Programs and Policy, Office of Adult Career and Continuing Education Services, EBA Room 460, 89 Washington Ave., Albany, NY 12234, (518) 474-8892, email: Mark.Leinung@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
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.
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Board of Regents relating to examination requirements for a New York State (NYS) High School Equivalency Diploma.
NEEDS AND BENEFITS:
The purpose of the proposed rule amendment is to make the National External Diploma Program (NEDP) the third pathway (along with the Test Assessing Secondary Completion [TASC] test and the 24 College Credit program) to a NYS High School Equivalency Diploma.
The NEDP allows participants to show their proficiency in competencies that are aligned to the Common Core State Standards (CCSS) and the College and Career Readiness Standards for Adult Education. The program has the potential to benefit many more individuals in the State who are seeking a high school diploma.
The NEDP is an applied performance assessment system administered by Comprehensive Adult Student Assessment Systems (CASAS) for adults and out-of-school youth who are seeking a high school diploma. To complete the program, participants must demonstrate mastery of skills for success in postsecondary education and the workplace. The lowest age of participation in NEDP according to CASAS is 18; however participating states (and regions) may set their own minimum age requirements. Currently, the minimum age requirement in NYS is 21.
In lieu of taking traditional paper and pencil standardized exams, NEDP participants meet one-on-one with an assigned trained practitioner in order to demonstrate mastery of 70 competencies across 10 content areas via a variety of performance tasks completed at home and through in-office visits and competency progress reports. The assessment portion of the program is entirely web-based. NEDP competencies are academic and life skills acquired through life and work experiences. While the NEDP is non-traditional in many ways, it is a highly structured, criterion-referenced assessment, where participants must achieve 100% mastery across all areas. The self-paced, flexible study and assessment schedule make it ideal for adult learners, easing the burden of studying, familial and work obligations. English Language Learners also benefit from NEDP, as they may be proficient in their native language but unable to master the highly specific content knowledge (such as U.S. History) needed to succeed on a high school or HSE exam. Special needs students are also served by NEDP, as they are able to set their own pace and demonstrate incremental progress over the course of the program rather than the “all-or-nothing” option of a high stakes assessment.
Currently in NYS, NEDP does not lead to a State Equivalency Diploma under CR 100.7, but rather a Local Equivalency Diploma under CR 100.8. While NYS does not include NEDP under CR 100.7, (the regulation that confers the NYS High School Equivalency Diploma) other participating states do grant a state diploma to participants who complete the NEDP.
At the November 2015 ACCES Committee meeting, the Regents discussed the possibility of making the NEDP a third pathway to a NYS High School Equivalency Diploma by amending the Commissioner’s Regulations such that the NEDP would result in a State high school equivalency diploma (as governed by Commissioner’s Regulations § 100.7) rather than a local high school equivalency diploma (as governed by Commissioner’s Regulations § 100.8). Such a change may result in added legitimacy for the NEDP diploma in the eyes of employers and educational institutions and a resulting increase in enrollment in the program.
The proposed amendment also lowers the age of participation in the NEDP program to 18 to allow for increased participation in the program and to decrease the potential gap between when a student leaves high school and when they can subsequently begin an NEDP program.
COSTS:
(a) Costs to State government: SED contracts with the vendor (CASAS) to provide training and technical assistance to NEDP agencies. The 2015-2016 contract expires on June 30, 2016 and has a budget of $129,325. A renewal of the contract may increase costs but since SED is currently negotiating with CASAS on the contract extension, it is not possible at this time to provide an estimate on the potential increased cost.
(b) Costs to local government: No direct costs to local government or LEAs. While the NEDP program imposes costs upon any agency that implements it, the decision whether to provide an NEDP program is at the agency’s discretion.
(c) Costs to private regulated parties: The proposed amendment does not impose any direct costs on candidates for a NYS High School Equivalency Diploma. The proposed amendment merely establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a NYS High School Equivalency Diploma. Participation in the NEDP is voluntary.
(d) Costs to regulating agency for implementation and continued administration of this rule: The proposed amendment does not impose any direct costs on the State Education Department. The proposed amendment establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a NYS High School Equivalency Diploma. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing SED staff and resources.
LOCAL GOVERNMENT MANDATES:
The proposed amendment applies to individuals seeking a NYS High School Equivalency Diploma and does not impose any additional program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district.
PAPERWORK:
The proposed amendment does not impose any additional paperwork or recordkeeping requirements. The proposed amendment establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a NYS High School Equivalency Diploma. It is anticipated that any additional paperwork associated with the proposed amendment will be minimal and capable of being absorbed using existing SED staff and resources.
DUPLICATION:
The proposed amendment does not duplicate existing State or federal regulations.
ALTERNATIVES:
There are no significant alternatives and none were considered.
FEDERAL STANDARDS:
There are no related federal standards.
COMPLIANCE SCHEDULE:
It is anticipated that regulated parties will be able to achieve compliance with the proposed amendment by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment is necessary to implement policy enacted by the Board of Regents relating to examination requirements for a New York State high school equivalency diploma. The proposed amendment establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a New York State High School Equivalency Diploma. The proposed amendment will 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 Governments:
1. EFFECT OF RULE:
The proposed amendment applies to those school districts and boards of cooperative educational services (BOCES) that choose to participate in the NEDP program. There are currently 23 agencies providing NEDP programs in New York State, of which 5 are school districts and 13 are BOCES.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any new compliance requirements but merely establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a NYS High School Equivalency Diploma. Participation in the NEDP is voluntary.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any direct costs on local governments. While the NEDP program imposes costs upon any agency that implements it, the decision whether to provide an NEDP program is at the agency’s discretion.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment will not impose any costs or new technological requirements on local governments.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement policy enacted by the Board of Regents. The proposed amendment does not impose any new compliance requirements or costs on local governments, but merely establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a NYS High School Equivalency Diploma. Participation in the NEDP is voluntary.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment 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.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to individuals who seek to obtain a New York State High School Equivalency Diploma, and school districts, BOCES, institutions of higher education, libraries, community based organization and literacy volunteer organizations that choose to participate in the NEDP program, including those residing or 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. There are currently 23 agencies providing NEDP programs in New York State and 25 sites, of which 13 sites are located in rural areas.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional compliance requirements on persons in rural areas. The proposed amendment establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a New York State High School Equivalency Diploma. The proposed amendment also lowers the age of participation in the NEDP program to 18 to allow for increased participation in the program and to decrease the potential gap between when a student leaves high school and when they can subsequently begin an NEDP program.
The proposed amendment does not impose any additional professional services requirements.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on persons in rural areas. The proposed amendment establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a New York State High School Equivalency Diploma.
The proposed amendment does not impose any direct costs on school districts in rural areas. While the NEDP program imposes costs upon any agency that implements it, the decision whether to provide an NEDP program is at the agency’s discretion.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement policy enacted by the Board of Regents relating to examination requirements for a high school equivalency diploma and does not impose any additional compliance requirements or costs on persons in rural areas. The proposed amendment establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a New York State High School Equivalency Diploma. Because the Regents policy upon which the proposed amendment is based applies to all persons seeking a New York State High School Equivalency diploma, it is not possible to establish differing compliance or reporting requirements for persons in rural areas.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes entities located in rural areas.
Job Impact Statement
The proposed amendment is necessary to implement policy enacted by the Board of Regents relating to examination requirements for a New York State high school equivalency diploma. The proposed amendment establishes the National External Diploma Program (NEDP) as a third option (in addition to the TASC test and the 24 College Credit program) for candidates to earn a New York State High School Equivalency Diploma.
The proposed amendment 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.
