EDU-14-16-00002-E Career Development and Occupational Studies (CDOS) Graduation Pathway Option  

  • 6/29/16 N.Y. St. Reg. EDU-14-16-00002-E
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 26
    June 29, 2016
    RULE MAKING ACTIVITIES
    EDUCATION DEPARTMENT
    EMERGENCY RULE MAKING
     
    I.D No. EDU-14-16-00002-E
    Filing No. 573
    Filing Date. Jun. 14, 2016
    Effective Date. Jun. 20, 2016
    Career Development and Occupational Studies (CDOS) Graduation Pathway Option
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Amendment of sections 100.5 and 100.6 of Title 8 NYCRR.
    Statutory authority:
    Education Law, sections 101(not subdivided), 207(not subdivided), 208(not subdivided), 305(1), (2), 4402(1)-(7) and 4403(3)
    Finding of necessity for emergency rule:
    Preservation of general welfare.
    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.
    At the March 2016 Regents meeting, the proposed amendment was adopted as an emergency action, effective March 22, 2016. A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on April 6, 2016.
    The proposed amendment has now been adopted as a permanent rule at the June 13-14, 2016 Regents meeting. Pursuant to SAPA § 203(1), the earliest effective date of the proposed amendment, if adopted at the February meeting, would be June 29, 2016, the date a Notice of Adoption will be published in the State Register. However, the March emergency rule will expire on June 19, 2016, ninety days after filing the Notice of Emergency Adoption and Proposed Rule Making with the Department of State on March 22, 2016. A lapse in the rule could disrupt administration of the Career Development and Occupational Studies (CDOS) graduation pathway option to eligible students.
    Emergency action is therefore necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the March 2016 Regents meeting remains continuously in effect until the effective date of the rule’s permanent adoption.
    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 rule:
    1. Subdivision (a) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective June 20, 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 June 20, 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 June 20, 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 only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-14-16-00002-EP, Issue of April 6, 2016. The emergency rule will expire August 12, 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
    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).
    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 and to charter schools.
    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 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.
    Assessment of Public Comment
    Since publication of a Notice of Proposed Rule Making in the State Register on April 6, 2016, the State Education Department (SED) received the following comments on the proposed amendment.
    1. COMMENT:
    Many commenters supported Career Development Occupational Studies (CDOS) pathway as additional graduation pathway. Students are diverse and diploma pathways should be too. CDOS pathway will: prepare students to be college/career ready; increase opportunity for students to graduate/graduation rates; allow students to continue Career and Technical Education (CTE) pathway without being limited by traditional graduation pathway; recognize students for work-based learning (WBL); provide valuable work-readiness credential; help increase students’ skill levels and work-based practices; allow students to participate in WBL opportunities that build on strengths, interests and preferences; provide increased flexibility to meet graduation requirements (e.g., substitute credential for Global or US History Regents exams) while holding students to high standards; help students gain meaningful education; and put students in strong position to get jobs.
    DEPARTMENT RESPONSE:
    Comments supportive; no response necessary.
    2. COMMENT:
    Support expanding CDOS credential to all students. Districts will be more committed to developing robust coursework and WBL experiences and not have separate courses for students with disabilities. Important to place emphasis on CDOS; all students can benefit from WBL. Proposal gives general education students opportunity to develop entry-level employment skills. Limiting credential to students with disabilities and documenting credential on transcript unfairly stigmatized students and forced disclosure of disability to employers.
    DEPARTMENT RESPONSE:
    Comments supportive; no response necessary.
    3. COMMENT:
    CDOS pathway: lacks sequential/focused coursework and does not provide foundation to fully prepare students to be college/career ready and enter workforce; requires minimal unrelated coursework and limited WBL and career guidance; 216 hours of WBL without specific instruction in CTE coursework is insufficient to ensure career readiness; has potential to affect expansion and improvement of original five pathways by allowing districts to offer less rigorous pathway; may result in fewer students participating in more rigorous pathways; requires no measure of student achievement and conflicts with time and money spent ensuring 4+1 pathway exams were comparably rigorous to Regents exams; requires no evaluation of WBL experiences; requires no career programming; and does not address needed financial management skills. Pathway must have defined coursework and WBL (216 hours of both CTE coursework and WBL) aligned with students’ interests to strengthen work-readiness knowledge and skills.
    DEPARTMENT RESPONSE:
    We do not agree the CDOS pathway is less rigorous. Pathway allows students to earn a diploma when they have demonstrated State’s standards for academic achievement in math, English, science, social studies, and for essential work-readiness knowledge and skills necessary for successful employment. While not requiring 5th assessment, pathway is comparably rigorous because it is based upon successful completion of instruction and educational experiences that prepare students to meet commencement-level CDOS Learning Standards and demonstrate work-readiness knowledge and skills. In addition to meeting CDOS credential requirements, students must earn required course credits and pass four Regents exams, one in each of four discipline areas.
    4. COMMENT:
    Change CDOS credential to diploma.
    DEPARTMENT RESPONSE:
    Standards for a diploma must be comparably rigorous to assessment pathways and represent readiness for employment and/or postsecondary education. Requirements for CDOS credential only relate to minimum standards necessary for students to demonstrate entry-level work-readiness skills.
    5. COMMENT:
    Current WBL opportunities may be limited and placements will quickly reach capacity; affecting schools’ ability to offer range of experiences for students with disabilities who may require additional supports/accommodations. Concerned how students will be selected to participate in limited WBL experiences. Opportunities planned for students with disabilities may be reduced as proposal does not indicate that students with disabilities must be afforded equal opportunity for placements.
    DEPARTMENT RESPONSE:
    Schools must ensure that all students, including students with disabilities, have meaningful access to CTE courses and WBL experiences necessary to earn CDOS credential.
    6. COMMENT:
    Support CDOS pathway as dual exit criteria, not as graduation option for general education students. Exiting students without a diploma limits employment and post-secondary education opportunities.
    DEPARTMENT RESPONSE:
    Districts remain responsible for ensuring students are provided appropriate opportunities to earn a diploma. We believe the proposal will expand these opportunities. Although the credential could be a student’s only exiting credential, we expect this number will be small. Credential documents student attainment of CDOS learning standards and preparation for entry-level employment; many entry-level positions do not require a diploma.
    7. COMMENT:
    Work-readiness exams to earn credential (Option 2) is test substitution and does not ensure students received instruction to build workforce skill and knowledge.
    DEPARTMENT RESPONSE:
    Although districts may allow students to earn CDOS credential by meeting requirements of a nationally recognized work readiness credential, this should not be the only option available. Schools are expected to prepare students for Option 2 assessments. All four credentials offer suggested resources and/or recommend comprehensive curriculum to assist schools in preparing students.
    8. COMMENT:
    CDOS pathway does not ensure rigor of WBL placement. Recommend WBL be SED approved/registered programs and supervised by NYS certified WBL coordinator, who is knowledgeable of Labor laws and operates under SED’s guidelines, to increase quality of WBL experience; prevent districts from accepting unsupervised work experience hours; ensure safe work environments; and add rigor and relevance to pathway. Certified teacher required for all other programs; require same for WBL component of CDOS pathway.
    DEPARTMENT RESPONSE:
    Individuals providing WBL experiences through SED registered programs must, depending upon type of program, be certified WBL coordinators. Although those supervising locally approved community-based work programs do not require certification, SED recommends certification.
    9. COMMENT:
    To ensure CDOS pathway rigor and serve as alternative to Regents exam, require both Option 1 (i.e.,develop career plan; achieve CDOS learning standards 1, 2 and 3a; complete 216 hours of CTE coursework and/or WBL; and employability profile and Option 2 (i.e., nationally recognized work-readiness credential) plus additional performance-based assessment using CDOS standards and range of strategies that provides learners interactive role and incorporates WBL into CDOS pathway.
    DEPARTMENT RESPONSE:
    SED declines to make proposed changes. CDOS pathway was intended to expand the opportunities for students to earn a regular high school diploma while ensuring standards for a diploma are comparably rigorous.
    10. COMMENT:
    Better define difference between CTE and CDOS pathway, or perception will be CDOS is lesser CTE pathway.
    DEPARTMENT RESPONSE:
    CTE pathway ensures students meet CDOS learning standard 3b-Career Majors (students choosing a career major acquire career-specific technical knowledge/skills necessary to progress toward gainful employment, career advancement, and postsecondary success) and pass corresponding technical assessment. CDOS pathway does not require students to meet CDOS learning standard 3b.
    11. COMMENT:
    Concerned districts will certify afterschool jobs lacking adult support or relevant coursework as WBL. Backlash from unsupported/poorly supported experiences could be immense (e.g., students getting hurt/not performing adequately and alienating businesses willing to participate).
    DEPARTMENT RESPONSE:
    Independent employment outside of school cannot count toward WBL for credential. WBL must be consistent with SED guidelines, including safety instruction, and under district’s supervision.
    12. COMMENT:
    Proposal should be retroactive to class of 2015.
    DEPARTMENT RESPONSE:
    Law prohibits adoption of regulations that impose retroactive policy. Under Education Law, students continue to be eligible for a free public education until end of the school year in which they turn age 21 or until receipt of a diploma. Any age-eligible student who has not earned a diploma may re-enroll in school and utilize CDOS pathway to meet diploma requirements.
    13. COMMENT:
    Modify CDOS and other pathways using program of study to allow students to work towards CDOS credential within existing five pathways and build upon skill, knowledge and competence in career pathway framework (i.e., 15/7 proposal)). This model includes required and elective focused coursework, beginning in middle school, to pursue career interests, participate in WBL and achieve CDOS learning standards. CDOS pathway criteria, as incorporated into the five pathways, could be used as local diploma safety net for students not passing fifth exam.
    Review impact of CDOS pathway after 2016-2017 schoolyear and make necessary adjustments to ensure rigor and access.
    DEPARTMENT RESPONSE:
    SED will take consider these recommendations when considering future policy changes.
    14. COMMENT:
    Department provided no projected number of students using CDOS pathway.
    DEPARTMENT RESPONSE:
    Number of students who will use CDOS pathway cannot be projected as students may use any pathway option to meet diploma requirements.
    15. COMMENT:
    Pathway does not mandate prescribed coursework in career exploration; required coursework is purely academic.
    DEPARTMENT RESPONSE:
    To earn CDOS credential, district must document students have met commencement-level CDOS learning standard 1 (Career Development): Students will be knowledgeable about world of work, explore career options, and relate personal skills, aptitudes, and abilities to future career decisions. Although CDOS pathway does not require career exploration coursework, WBL experiences must relate to career awareness, exploration and/or preparation. Students may also complete CTE coursework, combined with WBL, to meet credential requirements.
    16. COMMENT:
    Clarify if evidence is required for each commencement-level CDOS indicator and how many sample tasks students must successfully complete to determine achievement of standards. Regents exams and SED approved assessments have specific scores. Award point value to sample tasks to determine achievement of CDOS learning standards.
    DEPARTMENT RESPONSE:
    Evidence is required for all performance indicators within a standard. It is not necessary for students to complete all sample tasks to demonstrate attainment of each commencement-level CDOS learning standard. Number of sample tasks students must successfully complete is a local decision.
    17. COMMENT:
    Inconsistent implementation of minimum 216 hours of CTE coursework and/or WBL experiences. Clarify if credential requires two credits of CTE and WBL or if 216 hours can be WBL only.
    DEPARTMENT RESPONSE:
    Students must successfully complete not less than equivalent of two units of study (216 hours) in either CTE courses and/or WBL (must include minimum of 54 hours of school supervised WBL). Students may complete all 216 hours through WBL. WBL experiences may, but are not required to, be completed in conjunction with CTE course(s).
    18. COMMENT:
    Concerned how credential will be awarded with fidelity and intended purpose of readiness for entry-level employment, and as comparably rigorous pathway, for students who successfully complete CDOS learning standards but receive mostly “unsatisfactory”/“needs improvement” on employability profile.
    DEPARTMENT RESPONSE:
    Schools must have evidence that students have satisfactorily completed credential requirements, including CTE and/or WBL hours as documented on employability profile. To award credential, principals must determine, based upon all requirements, whether students demonstrate entry-level work-readiness skills.
    19. COMMENT:
    Provides limited relief for students who struggle to demonstrate knowledge/skills on high-stakes standardized exams. Requirements still too challenging. Step away from one-size-fits-all graduation model by changing number of required exiting exams (i.e., one English, Math and Science Regents with other exams optional for honors or advanced Regents diploma) and developing performance-based assessments in lieu of Regents exams. Need sweeping changes so students unable to pass Regents exams may earn a diploma. Continue discussion to further extend diploma options. Bring back local diploma. Need more vocational credentials.
    DEPARTMENT RESPONSE:
    Regents continue to discuss multiple pathways to a diploma and alternative ways to assess students’ proficiency toward State’s learning standards for purposes of graduation with a regular diploma.
    20. COMMENT:
    Recommend SED publicize CDOS credential to employers.
    DEPARTMENT RESPONSE:
    SED met with many constituents in developing policy framework and documentation requirements for credential. Informational materials were widely disseminated to businesses statewide. SED will continue to provide further public awareness information.
    21. COMMENT:
    Clarify if General Educational Development (GED) and Test Assessing Secondary Completion (TASC) are equivalent to high school diploma and whether students under 21 earning these can return to school for a Regents or local diploma.
    DEPARTMENT RESPONSE:
    TASC, replaced GED in 2014 and is the test used in NYS for earning high school equivalency diploma (HSE), which is not a regular high school diploma. Students earning HSE diploma are entitled to remain in school until age 21 or receipt of Regents or local high school diploma.
    22. COMMENT:
    Content of proposal in NYS Register was confusing. Question how individuals are supposed to keep up with Regents decisions.
    DEPARTMENT RESPONSE:
    SED is required to post all proposed regulatory changes in NYS Register in prescribed format. Information on Regents’ decisions is available at http://www.regents.nysed.gov/.

Document Information

Effective Date:
6/20/2016
Publish Date:
06/29/2016