Specific reasons underlying the finding of necessity:
The proposed amendment expands the Career Development and Occupational Studies (CDOS) graduation pathway option to all students who meet the requirements to earn a CDOS Commencement Credential, meet graduation course and credit requirements, and pass four required Regents Exams. Currently, this option is only available to students with disabilities.
Because the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be presented for regular adoption is the June 13-14, 2016 Regents meeting, after publication of a Notice of Proposed Rule Making in the State Register on April 6, 2016 and expiration of the 45-day public comment period for State agency rule makings. Furthermore, pursuant to the State Administrative Procedure Act (SAPA), the earliest effective date of the proposed amendment, if adopted at the June meeting, would be June 29, 2016, the date a Notice of Adoption would be published in the State Register. However, school districts must start preparations now, in order to timely implement programs leading to a New York State Career Development and Occupational Studies Commencement Credential during the 2015-2016 school year and thereafter.
Emergency action is therefore necessary for the preservation of the general welfare to immediately extend the availability of the CDOS commencement credential and establish criteria for a CDOS graduation pathway option for all students who meet the requirements to earn a this credential, meet graduation course and credit requirements, and pass four required Regents Exams, and thereby ensure timely implementation during the 2015-2016 school year and thereafter.
It is anticipated that the revised proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at their June 13-14, 2016 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act for State agency rule makings.
Subject:
Career development and occupational studies (CDOS) graduation pathway option.
Purpose:
To establish a Career Development and Occupational Studies (CDOS) graduation pathway option for all students who meet the requirements to earn a CDOS Commencement Credential, meet graduation course and credit requirements, and pass four required Regents Exams.
Text of emergency/proposed rule:
1. Subdivision (a) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective March 22, 2016, as follows:
(a) General requirements for a Regents or a local high school diploma. Except as provided in clauses (5)(i)(c), (e) and (f) of this subdivision, [paragraph] paragraphs (d)(6) and (11) and subdivision (g) of this section, the following general requirements shall apply with respect to a Regents or local high school diploma. Requirements for a diploma apply to students depending upon the year in which they first enter grade nine. A student who takes more than four years to earn a diploma is subject to the requirements that apply to the year that student first entered grade nine. Students who take less than four years to complete their diploma requirements are subject to the provisions of subdivision (e) of this section relating to accelerated graduation.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) State assessment system. (i) Except as otherwise provided in clause (f) of this subparagraph and subparagraphs (ii), (iii) and (iv) of this paragraph, all students shall demonstrate attainment of the New York State learning standards:
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(e) . . .
(f) Requirements for pathway assessments:
(1) [In addition to the requirements of clauses (a), (b), (c), (d) and (e) of this subparagraph,] Except as provided in paragraph (d)(11) of this section, students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma pursuant to this section in June 2015 and thereafter[,] must meet the requirements of clauses (a), (b), (c), (d) and (e) of this subparagraph and also pass any one of the following assessments:
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(6) . . .
(7) . . .
(8) . . .
2. Subparagraph (iii) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective March 22, 2016, as follows:
(iii) Earning a Regents or local high school diploma shall be deemed to be equivalent to receipt of a high school diploma pursuant to Education Law, section 3202(1) and shall terminate a student's entitlement to a free public education pursuant to such statute. Earning a high school equivalency diploma [or], an Individualized Education Program diploma, or either a skills and achievement commencement credential or a New York State career development and occupational studies commencement credential as set forth in section 100.6 of this Part, shall not be deemed to be equivalent to receipt of a high school diploma pursuant to Education Law, section 3202(1) and shall not terminate a student's entitlement to a free public education pursuant to such statute.
3. A new paragraph (11) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is added, effective March 22, 2016, as follows:
(11) Career development and occupational studies pathway. Students who first enter grade nine in September 2012 and thereafter or who are otherwise eligible to receive a high school diploma pursuant to this section in June 2016 and thereafter may meet the diploma requirements described in this section by:
(i) completing the applicable credit requirements pursuant to this section; and
(ii) completing the requirements for the New York State career development and occupational studies commencement credential as provided in section 100.6(b) of this Part; and
(iii) passing four assessments, one in each of the four subject areas of English, mathematics, science and social studies (United States history and government or global history and geography), as set forth in clauses (a)(5)(i)(a)-(e) of this section;
4. Subdivision (b) of section 100.6 of the Regulations of the Commissioner of Education is amended, effective March 22, 2016, as follows:
(b) New York State career development and occupational studies commencement credential.
(1) Eligible students. (i) Beginning July 1, 2013 [and thereafter] but prior to June 2016, the board of education or trustees of a school district shall, and the principal of a nonpublic school may, issue a New York State career development and occupational studies commencement credential to a student with a disability who meets the requirements of paragraph [(1)] (3) of this subdivision to document [preparation] readiness for entry-level employment after high school, except for those students deemed eligible for a skills and achievement commencement credential pursuant to subdivision (a) of this section.
(ii) Beginning June 2016 and thereafter, the board of education or trustees of a school district shall, and the principal of a nonpublic school may, issue a New York State career development and occupational studies commencement credential to any student who meets the requirements of paragraph (3) of this subdivision to document readiness for entry-level employment after high school, except for those students with disabilities deemed eligible for a skills and achievement commencement credential pursuant to subdivision (a) of this section.
(2) Consistent with sections 100.2(q)(1) and 100.5 of this Part, the school district or nonpublic school shall ensure that the student has been provided with appropriate opportunities to earn a Regents or local high school diploma, including providing a student with meaningful access to participate and progress in the general curriculum to assist the student to meet the State’s learning standards.
[(1)] (3) Except as provided in paragraphs [(2), (5) and (6)] (4), (7) and (8) of this subdivision, prior to awarding the career development and occupational studies commencement credential, the board of education or trustees of the school district, or the governing body of the nonpublic school, shall ensure that each of the following requirements have been met:
(i) the school district has evidence that the student has developed, annually reviewed and, as appropriate, revised a career plan to ensure the student is actively engaged in career exploration. Such plan shall include, but is not limited to, a statement of the student’s self-identified career interests; career-related strengths and needs; career goals; and career and technical coursework and work-based learning experiences that the student plans to engage in to achieve those goals. School districts shall provide students with either a model form developed by the commissioner to document a student's career plan, or a locally-developed form that meets the requirements of this subdivision and, as appropriate, shall assist the student to develop his/her career plan. The student’s career plan may not be limited to career-related activities provided by the school and may include activities to be provided by an entity other than the school; provided that nothing in this subdivision shall be deemed to require the school to provide the student with the specific activities identified in the career plan. A student’s preferences and interests as identified in his/her career plan shall be reviewed annually and, for a student with a disability, considered in the development of the student’s individualized education program pursuant to section 200.4(d)(2)(ix) of this Title. A copy of the student’s career plan in effect during the school year in which the student exits high school shall be maintained in the student’s permanent record;
(ii) . . .
(iii) . . .
[(2)] (4) Notwithstanding the provisions of paragraph [(1)] (3) of this subdivision, a board of education or trustees of the school district, or the governing body of the nonpublic school, may award the career development and occupational studies commencement credential to a student who has met the requirements for a nationally-recognized work-readiness credential, including but not limited to SkillsUSA, the National Work Readiness Credential, the National Career Readiness Certificate – (ACT) WorkKeys and the Comprehensive Adult Student Assessment Systems Workforce Skills Certification System.
[(3)] (5) The credential shall be issued at the same time the student receives his/her Regents or local high school diploma or, for a student [whose disability prevents the student from earning] who is unable to meet the requirements for a Regents or local diploma, any time after such student has attended school for at least 12 years, excluding kindergarten, or has received a substantially equivalent education elsewhere, or at the end of the school year in which a student attains the age of 21.
[(4)] (6). . .
[(5)] (7) For students with disabilities who exit from high school prior to July 1, 2015, the district or nonpublic school may award the career development and occupational studies commencement credential to a student who has not met all of the requirements in subparagraph [(1)(ii)] (3)(ii) of this subdivision, provided that the school principal, in consultation with relevant faculty, has determined that the student has otherwise demonstrated knowledge and skills relating to the commencement level career development occupational studies learning standards.
[(6)] (8) For students [with disabilities] who transfer from another school district within the State or another state, the principal shall, after consultation with relevant faculty, evaluate the work-based learning experiences and coursework on the student’s transcript or other records to determine if the student meets the requirements in subparagraph (ii) of paragraph [(1)] (3) of this subdivision.
[(7)] (9). . .
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire June 19, 2016.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Angelica Infante-Green, Deputy Commissioner for P-12 Instructional Support, State Education Department, EBA 875, 89 Washington Ave., Albany, NY 12234, (518) 474-5915, email: NYSEDP12@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
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 Regents and the Commissioner to adopt rules and regulations to carry out State laws regarding education and the functions and duties conferred on the State Education 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 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.
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents policy to establish a Career Development Occupational Studies (CDOS) graduation pathway option for all students who meet the requirements to earn the New York State (NYS) CDOS Commencement Credential, meet graduation course and credit requirements and pass four required Regents Exams.
NEEDS AND BENEFITS:
There is growing public interest in broadening the number of comparably rigorous pathways leading to a high school diploma to ensure that graduation pathways provide a broader group of students with sufficient opportunities to graduate with a regular diploma. These discussions have led to a comprehensive review of the college- and career-readiness of our students, units of study requirements, assessments of student learning, and support for broadening the criteria needed to earn a high school diploma without lowering the standard of academic excellence that is required. The proposed pathway would allow students to graduate with a regular diploma when they have demonstrated the State’s standards for academic achievement in math, English, science and social studies and the State’s standards for essential work-readiness knowledge and skills necessary for successful employment after high school.
The proposed amendment would amend:
1. sections 100.5(a), (b) and (d) to add that all students, beginning in June 2016 and thereafter, could graduate with a regular high school diploma if they complete the credit requirements; meet the requirements to earn the CDOS Commencement Credential; and pass four Regents assessments, one in each of the four discipline areas of math, English, science and social studies; and
2. section 100.6(b) to expand the opportunity to all students to earn the CDOS Commencement Credential, except students with severe disabilities who take the New York State Alternate Assessment and graduate from high school with the Skills and Achievement Commencement Credential.
COSTS:
(a) Costs to State government: none.
(b) Costs to local government: There may be costs associated with extending the population of students who can earn the Credential related to record keeping to ensure the student has met the career planning requirements, minimum hours for courses of study and work-based learning, achievement of the standards and to ensure that each student working to meet these requirements has a completed employability profile. These costs are anticipated to be minimal and capable of being absorbed by districts using existing staff and resources.
(c) Costs to private regulated parties: Except for approved private schools for students with disabilities, participation by nonpublic schools is voluntary. For those nonpublic schools that choose to participate, there may be costs associated with issuing students a career development and occupational studies commencement credential if nonpublic schools opt to develop their own forms, in lieu of using the Department’s career plan and employability profile model forms. These costs are anticipated to be minimal and capable of being absorbed using existing staff and resources.
(d) Costs to regulating agency for implementation and continued administration of this rule: none.
The proposed amendment does not impose any significant costs on the State, school districts, charter schools, registered nonpublic schools or the State Education Department. The amendment implements Regents policy to establish a CDOS graduation pathway option and expand the opportunity for students to exit with the CDOS Commencement Credential, which recognizes students’ work readiness skills for post-school employment. In the long term, the proposed amendment is expected to be a cost-saving measure in that it will boost the graduation rate, allowing more students to access higher education or enter the workforce with a high school diploma. Both of these outcomes will in turn stimulate workforce productivity and economic performance in local communities.
LOCAL GOVERNMENT MANDATES:
The proposed amendment implements Regents policy to establish a CDOS graduation pathway option and expand the opportunity to all students to graduate with a regular high school diploma by meeting the requirements to demonstrate work-readiness skills through achievement of the CDOS Commencement Credential. The amendment would require school districts to issue a regular high school diploma to any student who meets the requirements to earn the CDOS Commencement Credential, meets graduation course and credit requirements, and passes four required Regents Exams. School districts are already required to provide students with disabilities with the opportunity to earn the CDOS Commencement Credential and there are a number of school districts and BOCES that currently offer technical education programs that would meet the proposed pathway requirements, and many students, including students without disabilities, already take Career and Technical Education (CTE) courses, and engage in work-related activities that would allow them to meet the credential’s instructional requirements.
Districts would also be required to ensure that the transcript and permanent records of a student who earns this credential include notation of career and technical education coursework and work-based learning experiences completed by the student and that students are provided with a copy of a form to complete his/her Career Plan. Further, for students who meet the minimum requirements for the CDOS credential, the proposed amendment would require school personnel to complete and maintain a work skills employability profile for the student during his/her last year of school. Currently, an employability profile is only required for students with disabilities working towards a CDOS commencement credential and students participating in an approved career and technical education program pursuant to section 100.5(d)(6).
PAPERWORK:
The proposed amendment will not require any additional paperwork beyond what is necessary to document attainment of the CDOS learning standards, completion of required instructional activities (CTE and/or work-based learning experiences) and employability skills, and to issue the certificate to award the credential to the student.
DUPLICATION:
The proposed amendment does not duplicate existing State or Federal requirements.
ALTERNATIVES:
There were no significant alternatives to the rule and none were considered.
FEDERAL STANDARDS:
There are no applicable Federal standards.
COMPLIANCE SCHEDULE:
The CDOS graduation pathway option would apply beginning with students who first enter grade nine in September 2012 and thereafter, or who are otherwise eligible to receive a high school diploma in June 2016 or thereafter. Many students are already participating in required instructional activities (CTE and/or work-based learning experiences) and/or working toward a nationally-recognized work readiness credential to meet the requirements for the CDOS Commencement Credential. 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 Regents policy to establish a Career Development Occupational Studies (CDOS) graduation pathway option for students who meet the requirements to earn the New York State (NYS) CDOS Commencement Credential, meet graduation course and credit requirements and pass four required Regents Exams and to expand the opportunity to all students to earn the CDOS commencement credential.
The proposed amendment relates to State learning standards, State assessments and graduation and diploma requirements, and does not impose any adverse economic impact, reporting, record keeping or 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 steps 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:
EFFECT OF RULE:
The proposed amendment applies to each of the 689 public school districts in the State, and to charter schools and nonpublic schools that are authorized to issue regular high school diplomas with respect to State assessments and high school graduation and diploma requirements. At present, there are 70 charter schools authorized to issue Regents diplomas.
COMPLIANCE REQUIREMENTS:
The proposed amendment implements Regents policy to establish a CDOS graduation pathway option to allow students to graduate with a regular diploma when they have demonstrated the State’s standards for academic achievement in math, English, science and social studies and the State’s standards for essential work-readiness knowledge and skills necessary for successful employment after high school.
The proposed amendment would require school districts to issue a regular high school diploma to any student who meets the requirements to earn the CDOS Commencement Credential, meets graduation course and credit requirements, and passes four required Regents Exams.
Districts must also ensure that the transcript and permanent records of a student who earns this credential include notation of career and technical education coursework and work-based learning experiences completed by the student and that students are provided with a copy of a form to complete his/her Career Plan. Further, for students who meet the minimum requirements for the CDOS credential, the proposed amendment would require school personnel to complete and maintain a work skills employability profile for the student during his/her last year of school. Currently, an employability profile is only required for students with disabilities working towards a CDOS commencement credential and students participating in an approved career and technical education program pursuant to section 100.5(d)(6).
PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional service requirements.
COMPLIANCE COSTS:
There may be costs associated with extending the population of students who can earn the Credential related to record keeping to ensure the student has met the career planning requirements, minimum hours for courses of study and work-based learning, achievement of the standards and to ensure that each student working to meet these requirements has a completed employability profile. These costs are anticipated to be minimal and capable of being absorbed by districts using existing staff and resources.
The amendment implements Regents policy to establish a CDOS graduation pathway option and expand the opportunity for students to exit with the CDOS Commencement Credential, which recognizes students’ work readiness skills for post-school employment. In the long term, the proposed amendment is expected to be a cost-saving measure in that it will boost the graduation rate, allowing more students to access higher education or enter the workforce with a high school diploma. Both of these outcomes will in turn stimulate workforce productivity and economic performance in local communities.
ECONOMIC AND TECHNOLOGICAL FEASIBILTY:
The proposed amendment does not impose any additional technological requirements on school districts, charter schools or registered nonpublic schools high schools. Economic feasibility is addressed above under compliance costs.
MINIMIZING ADVERSE IMPACT:
The proposed amendment implements Regents policy to establish a CDOS graduation pathway option and expand the opportunity for all students to graduate with a regular high school diploma by meeting the requirements to demonstrate work-readiness skills through achievement of the CDOS Commencement Credential. The amendment would require school districts to issue a regular high school diploma to any student who meets the requirements to earn the CDOS Commencement Credential, meets graduation course and credit requirements, and passes four required Regents Exams. School districts are already required to provide students with disabilities with the opportunity to earn the CDOS Commencement Credential and there are a number of school districts and BOCES that currently offer technical education programs that would meet the proposed pathway requirements, and many students, including students without disabilities, already take CTE courses, and engage in work-related activities that would allow them to meet the credential’s instructional requirements.
Districts would also be required to ensure that the transcript and permanent records of a student who earns this credential include notation of career and technical education coursework and work-based learning experiences completed by the student and that students are provided with a copy of a form to complete his/her Career Plan. Further, for students who meet the minimum requirements for the CDOS credential, the proposed amendment would require school personnel to complete and maintain a work skills employability profile for the student during his/her last year of school. Currently, an employability profile is only required for students with disabilities working towards a CDOS commencement credential and students participating in an approved career and technical education program pursuant to section 100.5(d)(6).
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 and to charter schools.
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 to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness. 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 10. of the Notice of 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 689 public school districts in the State, charter schools, and registered nonpublic schools in the State, to the extent that they offer instruction in the high school grades, 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. 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 implements Regents policy to establish a CDOS graduation pathway option and expand the opportunity for all students to graduate with a regular high school diploma by meeting the requirements to demonstrate work-readiness skills through achievement of the CDOS Commencement Credential. The amendment would require school districts to issue a regular high school diploma to any student who meets the requirements to earn the CDOS Commencement Credential, meets graduation course and credit requirements, and passes four required Regents Exams.
Districts would also be required to ensure that the transcript and permanent records of a student who earns this credential include notation of career and technical education coursework and work-based learning experiences completed by the student and that students are provided with a copy of a form to complete his/her Career Plan. Further, for students who meet the minimum requirements for the CDOS credential, the proposed amendment would require school personnel to complete and maintain a work skills employability profile for the student during his/her last year of school. Currently, an employability profile is only required for students with disabilities working towards a CDOS commencement credential and students participating in an approved career and technical education program pursuant to section 100.5(d)(6).
3. COMPLIANCE COSTS:
There may be costs associated with extending the population of students who can earn the Credential related to record keeping to ensure the student has met the career planning requirements, minimum hours for courses of study and work-based learning, achievement of the standards and to ensure that each student working to meet these requirements has a completed employability profile.
These costs are anticipated to be minimal and capable of being absorbed by districts using existing staff and resources.
The proposed amendment implements Regents policy to establish a CDOS graduation pathway option and expand the opportunity for all students to graduate with a regular high school diploma by meeting the requirements to demonstrate work-readiness skills through achievement of the CDOS Commencement Credential. In the long term, the proposed amendment is expected to be a cost saving measure in that it will boost the graduation rate, allowing more students to access higher education or enter the workforce with a high school diploma. Both of these outcomes will in turn stimulate workforce productivity and economic performance in local communities.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment implements Regents policy to establish a CDOS graduation pathway option and expand the opportunity for all students to graduate with a regular high school diploma by meeting the requirements to demonstrate work-readiness skills through achievement of the CDOS Commencement Credential. The amendment would require school districts to issue a regular high school diploma to any student who meets the requirements to earn the CDOS Commencement Credential, meets graduation course and credit requirements, and passes four required Regents Exams. School districts are already required to provide students with disabilities with the opportunity to earn the CDOS Commencement Credential and there are a number of school districts and BOCES that currently offer technical education programs that would meet the proposed pathway requirements, and many students, including students without disabilities, already take CTE courses, and engage in work-related activities that would allow them to meet the credential’s instructional requirements.
Districts would also be required to ensure that the transcript and permanent records of a student who earns this credential include notation of career and technical education coursework and work-based learning experiences completed by the student and that students are provided with a copy of a form to complete his/her Career Plan. Further, for students who meet the minimum requirements for the CDOS credential, the proposed amendment would require school personnel to complete and maintain a work skills employability profile for the student during his/her last year of school. Currently, an employability profile is only required for students with disabilities working towards a CDOS commencement credential and students participating in an approved career and technical education program pursuant to section 100.5(d)(6).
Because the Regents policy upon which the proposed amendment is based applies to all school districts in the State and to charter schools and registered nonpublic high 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 rule 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 to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness. 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 10. of the Notice of 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 Regents policy to establish a Career Development Occupational Studies (CDOS) graduation pathway option for all students who meet the requirements to earn the New York State (NYS) CDOS Commencement Credential, meet graduation course and credit requirements and pass four required Regents Exams and to expand the opportunity to all students to earn the CDOS commencement credential.
The proposed amendment relates to State learning standards, State assessments and graduation and diploma requirements and will not have a substantial adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have no impact, or a positive impact, on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
