PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 100.5(d)(8) to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101, 207, 208, 209, 305(1) and (2), 308, 309 and 3204(3)
Subject:
Make-up credit programs.
Purpose:
To establish requirements for award of make-up credit to high school students.
Text or summary was published
in the January 27, 2010 issue of the Register, I.D. No. EDU-04-10-00007-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Chris Moore, Office of Counsel, State Education Department, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on January 27, 2010, the State Education Department received the following comments.
1. COMMENT: A single teacher member on the school-based panel provided for in proposed Commissioner's Regulations section 100.5(d)(8)(iii) to approve student participation in a make-up credit course, is not consistent with other academic review models already established in regulation. It is recommended that the standing committee established under section 100.5(d)(7)(iii) to address appeals on Regents examination passing scores, should serve as the school-based panel in 100.5(d)(8)(iii).
DEPARTMENT RESPONSE: The Department posted an online survey last summer seeking public comment on the draft make-up course credit policy. In the summary of responses, a number of schools, particularly small rural schools, indicated that providing a more robust school based panel with more than one teacher would be an onerous requirement and put an undue burden and cost upon them. They indicated real limitations with respect to the number of available teachers to fill required panel positions. Based upon this expressed concern, the regulations were drafted to provide the minimum requirements for the school-based panel. Local schools have the flexibility to increase the size and membership of the school based panel if they so desire and their particular circumstances warrant.
2. COMMENT: The proposed regulation does not establish any limit to the number of units of credit that a student could obtain through a make-up course credit program. The proposed regulation should include a maximum number of course credit units for make-up credit programs.
DEPARTMENT RESPONSE: Under the proposed regulations, schools are not required to offer make-up credit programs. If they choose to offer make-up course credit programs, the number of credits a student may make up is best determined by the local school district based upon the extent of the student's deficiencies, the appropriateness of specific make-up programs and available resources.
3. COMMENT: Proposed section 100.5(d)(iv) provides a list of possible make-up credit programs that would not be limited to the examples on the list. The proposed regulation does not provide for sufficient oversight to determine the appropriateness of the make-up course credit program provided in the school setting. The responsibilities of the school-based panel should be expanded to include approval of the make-up credit program as well as the approval of a student's participation in a make-up credit program. This expansion of duties would ensure the equivalent and rigorous nature of the make-up instruction.
DEPARTMENT RESPONSE: The school-based panel will have the authority to permit or deny student participation in a make-up credit program. As part of the decision making process, the panel needs to consider the student's deficiencies and the suitability of an aligned, make-up credit program. In other words, authority to permit or deny can be based on the appropriateness of the make-up program when making the determination to permit a student's participation in it. Additionally, under section 100.5(d)(8)(ii)(3), the make-up program has to be provided under the direction and/or supervision of a teacher who is certified and knowledgeable in the subject matter in which the student has demonstrated deficiencies. Accordingly, the teacher has some specific authority in determining whether the actual make-up program meets the regulatory criteria, and there is a shared responsibility at the local district level between the school-based panel and the teacher in determining the student needs and the availability of an appropriately aligned make-up credit program.
