Transfer credit for students in Office of Children and Family Services (OCFS) education programs.
Purpose:
To provide for transfer credit for OCFS students upon attestation of chief program administrator.
Text of proposed rule:
1. Paragraph (1) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective July 30, 2014, as follows:
(1) Credit by examination. A student may earn a maximum of 6½ units of credit for either a Regents or local diploma without completing units of study for such units of credit, if:
(i) 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 the chief administrator of an educational program administered by a State agency pursuant to Education Law section 112 and Part 116 of this Title, or his or her designee, determines that the student will benefit academically by exercising this alternative;
(ii) . . .
(iii) 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 but not measured by the relevant Regents examination or State-approved examination if used, as determined by the principal or the chief administrator of an educational program administered by a State agency; and
(iv) . . .
(v) . . .
(vi) Credit by examination shall be awarded to a student enrolled in an educational program administered by a State agency pursuant to paragraph (5) of this subdivision.
2. Paragraph (5) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective July 30, 2014, as follows:
(5) Transfer credit. Transfer credit is awarded for work done outside the registered New York State high school awarding the credit.
(i) The principal shall evaluate the transcript or other records of a transfer student enrolling in a New York State high school. Based on the student's transcript or other records, the principal shall award the appropriate units of transfer credit towards a high school diploma.
(a) Registered high schools. The principal shall grant transfer credit for all credit awarded by any New York State registered public or nonpublic high schools.
(b) Other educational/cultural institutions and independent study.
(1) Except as provided in subclause (2) of this clause, [The] the principal, after consultation with relevant faculty, may award transfer credit for work done at other educational and cultural institutions and for work done through independent study. The decision as to whether or not to award transfer credit for work done at educational institutions other than New York State registered high schools shall be based on whether the record indicates that the work is consistent with New York State commencement learning standards and is of comparable scope and quality to that which would have been done in the school awarding the credit.
(2) Transfer credit by attestation (State agency educational programs).
(i) Definitions. For purposes of this subdivision, “State agency” means a State department or agency or political subdivision, except a board of education or a board of cooperative educational services, that provides an educational program pursuant to Education Law section 112 and Part 116 of this Title.
(ii) A principal shall award transfer credit to any student for credit awarded while the student attended an educational program administered by a State agency pursuant to Education Law section 112 and Part 116 of this Title, upon the attestation of the chief administrator of such program, in a format prescribed by the commissioner, of the following:
(a) the student:
(1) has completed coursework that is aligned with the applicable New York State commencement-level learning standards, including the New York State Common Core Learning Standards, and that meets the requirements of this Part for the award of units of credit including, but not limited to, the requirement for 180 minutes of instruction per week throughout the school year, or the equivalent, as set forth in section 100.1(a) of this Part; and/or
(2) has met the requirements for the award of credit by examination pursuant to paragraph (1) of this subdivision; and/or
(3) has met the requirements for the award of make-up credit pursuant to paragraph (8) of this subdivision; and/or
(4) has met the requirements for the award of credit for independent study pursuant paragraph (9) of this subdivision; and/or
(5) has met the requirements for the award of credit for online and/or blended courses pursuant to paragraph (10) of this subdivision; and
(b) the student was provided instruction by a teacher certified pursuant to Part 80 of this Title or, where the coursework was for make-up credit or in online and/or blended courses, the student was provided instruction in accordance with the requirements of paragraphs (8) and (10), respectively, of this subdivision.
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
3. Paragraph (8) of subdivision (d) of section 100.5 of the Regulations of the Commissioner is amended, effective July 30, 2014, as follows:
(8) Making up incomplete or failed course credit. Commencing July 1, 2011 and thereafter, a school district, registered nonpublic school, [or] charter school or the chief administrator of an educational program administered by a State agency pursuant to Education Law section 112 and Part 116 of this Title may provide a student, who had the opportunity to complete a unit of study in a given high school subject but who failed to demonstrate mastery of the learning outcomes for such subject, with an opportunity to make up a unit of credit for such subject toward either a Regents or local diploma, pursuant to the following:
(i) . . .
(ii) The make-up credit program shall:
(a) . . .
(b) . . .
(c) ensure that the student receives equivalent, intensive instruction in the subject matter area provided, as applicable, under the direction and/or supervision of;
(1) a school district teacher who is certified in the subject matter area; or
(2) a teacher from a board of cooperative educational services (BOCES) that contracts with the school district to provide instruction in the subject matter area pursuant to Education Law § 1950, and who is certified in such area; or
(3) a teacher of the subject matter area in the registered nonpublic school, [or] charter school or educational program administered by a State agency pursuant to Education Law section 112 and Part 116 of this Title.
(iii) . . .
(iv) . . .
(v) Make up credit shall be awarded to a student enrolled in an educational program administered by a State agency pursuant to paragraph (5) of this subdivision.
4. Paragraph (9) of subdivision (d) of section 100.5 of the Regulations of the Commissioner is amended, effective July 30, 2014, as follows:
(9) Credit for independent study. Students enrolled in a school district, a charter school, [or] a registered nonpublic school or an educational program administered by a State agency pursuant to Education Law section 112 and Part 116 of this Title may earn a maximum of three units of elective credit towards a Regents diploma through independent study, pursuant to the following:
(i) . . .
(ii) . . .
(iii) The principal, after consultation with relevant faculty, shall award credit to the student for successful completion of the independent study and demonstrated mastery of the learning outcomes for the subject. Credit for independent study shall be awarded to a student enrolled in an educational program administered by a State agency pursuant to paragraph (5) of this subdivision.
(iv) For purposes of this paragraph, independent study shall be:
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(v) . . .
5. Paragraph (10) of subdivision (d) of section 100.5 of the Commissioner’s Regulations is amended, effective July 30, 2014, as follows:
(10) Credit for online and blended courses.
(i) . . .
(ii) A school district, a charter school, [or] a registered nonpublic school or the chief administrator of an educational program administered by a State agency pursuant to Education Law section 112 and Part 116 of this Title 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) . . .
(b) The school district, registered nonpublic school, [or] charter school or the chief administrator of an educational program administered by a State agency 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 and/or other assessment in the subject if required for earning a diploma;
(3) instruction is provided by or under the direction and/or supervision of:
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) in the case of a charter school, a teacher of the subject area from a charter school; or
(vi) in the case of an educational program administered by a State agency, a teacher of the subject area from such program.
(4) . . .
(5) . . .
(iii) Credit for online and blended courses shall be awarded to a student enrolled in an educational program administered by a State agency pursuant to paragraph (5) of this subdivision.
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@mail.nysed.gov
Data, views or arguments may be submitted to:
Ken Slentz, Deputy Commissioner, State Education Department, Office of P-12 Education, State Education Building 2M West, 89 Washington Ave., Albany, NY 12234, (518) 474-5520, email: NYSEDP12@mail.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
1. STATUTORY AUTHORITY:
Education Law section 101 continues existence of Education Department, with Board of Regents as its head, and authorizes Regents to appoint Commissioner of Education as Department's Chief Administrative Officer, which is charged with general management and supervision of all public schools and educational work of State.
Education Law section 207 empowers Regents and Commissioner to adopt rules and regulations to carry out State education laws and functions and duties conferred on Department.
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 210 authorizes Regents to register domestic and foreign institutions in terms of State standards, and fix the value of degrees, diplomas and certificates issued by institutions of other states or countries and presented for entrance to schools, colleges and professions in the State.
Education Law section 215 authorizes Commissioner to require schools and school districts to submit reports containing such information as Commissioner shall prescribe.
Education Law section 305(1) and (2) provide Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies of the Regents. Section 305(20) provides Commissioner shall have such further powers and duties as charged 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 Commissioner with general supervision of boards of education and their management and conduct of all departments of instruction.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents policy relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
3. NEEDS AND BENEFITS:
Education Law § 112 and Part 116 of the Commissioner’s Regulations relate to standards for educational programs and services for students in full-time residential care in homes or facilities operated or supervised by a State department or agency or political subdivision, such as the Office of Children and Family Services (OCFS) and the Office of Mental Health.
Commissioner’s Regulation § 100.5(d)(5) currently provides that a principal must award transfer credit to students for any coursework they completed at a registered New York State high school, but may award transfer credit for work done at educational institutions other than New York State registered high schools "based on whether the record indicates that the work is consistent with New York State commencement learning standards and is of comparable scope and quality to that which would have been done in the school awarding the credit.” Under this provision, students who attend educational programs operated by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations are not automatically granted credit for their coursework because such facilities are not registered high schools. Rather, upon a student transferring to a public school, each principal makes an individual determination to grant or deny the student credit for such coursework based upon whether the principal deems the coursework done at a State agency facility to be comparable.
As a result, there is no consistency across the State in how coursework completed at these State agency facilities is credited. Because students are unsure of the degree to which principals will award credit for work done at State agency facilities, some students find this a disincentive to re-enroll in school once released from such facilities. To the extent that principals deny credits for such coursework, the challenges for students who reenroll and attempt to earn a high school diploma become even greater.
To address this issue, the proposed amendment provides that principals of registered public high schools shall grant transfer credit to a student for credit awarded while the student attended an educational program administered by a State agency pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon the attestation of the chief administrator of such program that:
• the student has completed coursework that is aligned with the applicable New York State commencement-level learning standards, including the New York State Common Core Learning Standards, and meets the requirements for the award of units of credit including, but not limited to, the requirement for 180 minutes of instruction per week throughout the school year, or the equivalent; and
• the student was provided instruction by a teacher certified pursuant to Part 80 of this Title.
Furthermore, in order to ensure that students attending these State agency education programs are eligible for transfer credit on the same basis as students in the public schools with respect to the alternative methods for earning credit, the proposed amendment also provides that principals of registered public high schools must award transfer credit upon attestation of the chief administrator of the State agency educational program that the student has met the requirements for the award of credit by examination, make up credit, independent study, and/ or online/blended courses.
4. COSTS:
Cost to the State: none.
Costs to local government: none.
Cost to private regulated parties: none.
Cost to regulating agency for implementation and continued administration of this rule: none.
The proposed amendment does not impose any costs on the State, local governments, private regulated parties or the State Education Department. The proposed amendment merely provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment merely provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria.
6. PAPERWORK:
The proposed amendment does not impose any specific recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
The proposed amendment is necessary to implement Regents policy relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, by ensuring that students attending educational programs administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations are eligible for transfer credit on the same basis as students in the public schools. There were no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
There are no applicable Federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated parties will be able to achieve compliance with the rule by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
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. Specifically, the proposed amendment provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by the Office of Children and Family Services (OCFS) and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria.
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.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment provides that principals of registered public high schools shall grant transfer credit to a student for credit awarded while the student attended an educational program administered by a State agency pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon the attestation of the chief administrator of such program that:
• the student has completed coursework that is aligned with the applicable New York State commencement-level learning standards, including the New York State Common Core Learning Standards, and meets the requirements for the award of units of credit including, but not limited to, the requirement for 180 minutes of instruction per week throughout the school year, or the equivalent; and
• the student was provided instruction by a teacher certified pursuant to Part 80 of this Title.
Furthermore, in order to ensure that students attending these State agency education programs are eligible for transfer credit on the same basis as students in the public schools with respect to the alternative methods for earning credit, the proposed amendment also provides that principals of registered public high schools must award transfer credit upon attestation of the chief administrator of the State agency educational program that the student has met the requirements for the award of credit by examination, make up credit, independent study, and/or online/blended courses.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on school districts. The proposed amendment merely provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any additional costs or new technological requirements on school districts or charter schools.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement Regents policy relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, by ensuring that students attending educational programs administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations are eligible for transfer credit on the same basis as students in the public schools. The proposed amendment merely provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria.
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.
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 relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, by ensuring that students attending educational programs administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations are eligible for transfer credit on the same basis as students in the public schools. There were no significant alternatives and none were considered.
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.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment provides that principals of registered public high schools shall grant transfer credit to a student for credit awarded while the student attended an educational program administered by a State agency pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon the attestation of the chief administrator of such program that:
• the student has completed coursework that is aligned with the applicable New York State commencement-level learning standards, including the New York State Common Core Learning Standards, and meets the requirements for the award of units of credit including, but not limited to, the requirement for 180 minutes of instruction per week throughout the school year, or the equivalent; and
• the student was provided instruction by a teacher certified pursuant to Part 80 of this Title.
Furthermore, in order to ensure that students attending these State agency education programs are eligible for transfer credit on the same basis as students in the public schools with respect to the alternative methods for earning credit, the proposed amendment also provides that principals of registered public high schools must award transfer credit upon attestation of the chief administrator of the State agency educational program that the student has met the requirements for the award of credit by examination, make up credit, independent study, and/or online/blended courses.
The proposed amendment does not impose any additional professional services requirements.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on school districts. The proposed amendment merely provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement Regents policy relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, by ensuring that students attending educational programs administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations are eligible for transfer credit on the same basis as students in the public schools. The proposed amendment merely provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria.
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 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 relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, by ensuring that students attending educational programs administered by OCFS and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations are eligible for transfer credit on the same basis as students in the public schools. There were no significant alternatives and none were considered.
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 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. Specifically, the proposed amendment provides for the award of credit by principals of public high schools to students who are awarded credit while attending an educational program administered by the Office of Children and Family Services (OCFS) and other State agencies pursuant to Education Law § 112 and Part 116 of the Commissioner’s Regulations, upon attestation of the chief administrator of such program that the program meets certain specified criteria. 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.
