Specific reasons underlying the finding of necessity:
The proposed amendment is necessary to: (1) clarify the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and (2) allow students to earn a Regents diploma through the humanities pathway by passing either an additional Regents assessment, or Department approved alternative, in a different course in Social Studies or in English.
The proposed amendment was adopted as an emergency action at the March 16-17, 2015 Regents meeting, effective March 17, 2015. A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on April 1, 2015. Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), is the June 15-16, 2015 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the June meeting, would be July 1, 2015, the date a Notice of Adoption would be published in the State Register. However, the March emergency rule will expire on June 14, 2015, 90 days from its filing with the Department of State on March 17, 2014. A lapse in the rule's effective date could disrupt the ability of students to earn a Regents Diploma with advanced designation through the mathematics or science pathway options and through the humanities pathway option, during the 2014-2015 school year.
Emergency action to adopt the proposed rule is necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the March 2015 Regents meeting remains continuously in effect until the proposed rule can be presented for adoption and take effect as a permanent rule.
It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the June 15-16, 2015 Regents meeting, which is the first meeting scheduled after expiration of the 45-day period for public comment pursuant to the State Administrative Procedure Act.
Subject:
Pathways to Graduation and Regents Diploma Advanced Designation.
Purpose:
(1) to clarify requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and (2) to allow students to earn a Regents diploma.
Text of emergency rule:
1. Clause (f) of subparagraph (i) of paragraph (5) of subdivision (a) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective June 15, 2015, as follows:
(f) Requirements for pathway assessments:
(1) In addition to the requirements of clauses (a), (b), (c), (d) and (e) of this subparagraph, 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 also pass any one of the following assessments:
(i) one additional [social studies] Regents examination in a different course in social studies or a department-approved alternative; or
(ii) one additional Regents examination in a different course in mathematics or science or a department-approved alternative; or
(iii) one additional examination in a different course in English selected from the list of department-approved alternatives; or
[(iii)] (iv) a pathway assessment (e.g., languages other than English) approved by the commissioner in accordance with section 100.2(f)(2) of this Part; or
[(iv)] (v) a career and technical education (CTE) pathway assessment, approved by the commissioner in accordance with section 100.2(mm) of this Part, following successful completion of a CTE program approved pursuant to paragraph (6) of subdivision (d) of this section; or
[(v)] (vi) an arts pathway assessment approved by the commissioner in accordance with section 100.2(mm) of this Part.
2. Subparagraph (v) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective June 15, 2015, as follows:
(v) Earning a Regents diploma with advanced designation. To earn a Regents diploma with an advanced designation a student must complete, in addition to the requirements for a Regents diploma:
(a) additional Regents examinations in mathematics as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part.
(1) Beginning with the 2011-2012 school year and thereafter, students must pass two or three commencement level Regents examinations in mathematics through one of the following combinations:
[(1)] (i) Two examination combination. A student must pass:
[(i)] (a) Mathematics A and Mathematics B; or
[(ii)] (b) Mathematics A and Algebra 2/Trigonometry; or
[(iii)] (c) Mathematics B and Integrated Algebra; or
[(2)] (ii) Three examination combination. A student must pass:
[(i) Mathematics A, Geometry and Algebra 1/Trigonometry; or
(ii) Integrated Algebra, Geometry and Mathematics B; or
(iii) Integrated Algebra, Geometry and Algebra 2/Trigonometry]
(a) Mathematics A or Integrated Algebra or Algebra I (common core); and
(b) Geometry or Geometry (common core); and
(c) Mathematics B or Algebra 2/Trigonometry or Algebra II (common core); and
(2) for students who elect to meet the requirements for a Regents diploma through the mathematics pathway assessment in 100.5(a)(5)(i)(f)(1)(ii), such students must also pass one additional assessment in mathematics in a different course selected from the list of Department approved alternatives pursuant to 100.2(f) in addition to those specified in item (i) or (ii) of subclause (1) of this clause; and
(b) additional Regents examinations in science as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part.
(1) one additional Regents examination in science or a department-approved alternative, for a total of two Regents examinations, with at least one in life science and at least one in physical science; or
(2) for students who elect to meet the requirements for a Regents diploma through the science pathway assessment in 100.5(a)(5)(i)(f)(1)(ii), such students must also pass one additional Regents examination in science or a department-approved alternative, for a total of three Regents examinations, provided that the total number of science examinations passed include [with] at least one in life science and at least one in physical science; and
(c) …
3. Paragraph (2) of subdivision (g) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective June 15, 2015, as follows:
(2) Earning a Regents diploma with advanced designation. Notwithstanding the provisions of this section, to earn a Regents diploma with an advanced designation a student must complete, in addition to the requirements for a Regents diploma, additional Regents examinations in mathematics as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part.
(i) Beginning with the 2011-12 school year and thereafter, students must pass two or three commencement level Regents examinations in mathematics through one of the following combinations:
[(i)] (a) two examination combination. A student must pass:
[(a)] (1) mathematics A and mathematics B; or
[(b)] (2) mathematics A and algebra 2/trigonometry; or
[(c)] (3) mathematics B and integrated algebra; or
[(ii)] (b) three examination combination. A student must pass:
[(a)] (1) mathematics A or integrated algebra or algebra I (common core); and
[(b)] (2) geometry or geometry (common core); and
[(c)] (3) mathematics B or algebra 2/trigonometry or algebra II (common core); and
(ii) for students who elect to meet the requirements for a Regents diploma through the mathematics pathway assessment in 100.5(a)(5)(i)(f)(1)(ii), such students must also pass one additional assessment in mathematics in a different course selected from the list of Department approved alternatives pursuant to 100.2(f) in addition to those specified in clause (a) or (b) of subparagraph (i) of this paragraph;
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-13-15-00022-EP, Issue of April 1, 2015. The emergency rule will expire August 13, 2015.
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@mail.nysed.gov
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the State Education Department (SED), with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges SED 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 laws regarding education and the functions and duties conferred on SED 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 Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Regents.
Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.
Education Law section 3204 (3) provides for required courses of study in the public schools and authorizes SED to alter the subjects of required instruction.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Regents relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
3. NEEDS AND BENEFITS:
In January 2015, the Board of Regents amended sections 100.2 and 100.5 of the Commissioner’s Regulations to implement the 4+1 Pathways to graduation option allowing students to meet the requirements for a diploma in different ways.
The amendment created graduation pathways assessments in the Humanities, STEM, Biliteracy, CTE and the Arts and requires that, in addition to the four Regents Exams or department-approved alternative assessments required of all students in each of the areas of English, mathematics, science, and social studies, students may pass any one of the following to meet the fifth assessment requirement:
1. one additional social studies Regents examination or Department-approved alternative (Humanities Pathway); or
2. one additional Regents examination in a different course in mathematics or science or a Department-approved alternative (STEM Pathway); or
3. a pathway assessment approved by the Commissioner in accordance with § 100.2(f) of the Commissioner’s regulations (which could include a Biliteracy [LOTE] Pathway); or
4. a career and technical education (CTE) pathway assessment, approved by the Commissioner in accordance with proposed § 100.2(mm) following successful completion of a CTE program approved pursuant to § 100.5(d)(6) of the regulations (CTE Pathway); or
5. an arts pathway assessment approved by the Commissioner in accordance with proposed § 100.2(mm)
As a result of adopting the pathways to graduation regulations, it is necessary to clarify how this provision impacts students who wish to earn the Regents Diploma with advanced designation. In addition, the proposed amendment would provide options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
Currently, students who wish to earn a Regents diploma with advanced designation must meet the Regents diploma requirements (5 assessments) and pass 2 additional mathematics Regents exams and 1 additional science Regents exam for a total of 8 exams. In light of the new pathways options, students who elect to meet the Regents diploma requirements using a mathematics pathway, would not be able to meet the advanced diploma requirements because the Department does not offer enough mathematics Regents exams for 2 additional tests to be completed. The proposed amendment would allow students to meet the additional mathematics assessment requirements with both Regents examinations in math, and/or an examination in a different course selected from the list of Department approved alternatives in math. The proposed amendment would also clarify the requirements for students electing to meet the diploma requirements with a science pathway. They also would have to pass a total of 8 examinations, and if electing a science pathway, would have to pass a total of 3 science assessments rather than the previously required 2 science assessments.
The pathway options in humanities adopted by the Board in January provide only for additional assessments in social studies to meet the humanities requirement. The proposed amendment would allow a student to meet the humanities pathway requirement by passing either an additional Regents assessment or Department approved alternative in a different course in Social Studies or in English.
4. COSTS:
(a) Costs to State government: none.
(b) Costs to local government: none.
(c) Costs to private regulated parties: none.
(d) Costs to regulating agency for implementation and continued administration of this rule: none.
The proposed amendment does not impose any additional costs on the State, school districts, charter schools or SED. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
6. PAPERWORK:
The amendment does not impose any specific additional recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The amendment does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
There are no significant alternatives to the rule and none were considered. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
9. FEDERAL STANDARDS:
There are no related federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the rule by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. Specifically, the amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
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. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Governments:
1. EFFECT OF RULE:
The proposed amendment applies to each of the 689 public school districts in the State, and to charter schools that are authorized to issue Regents diplomas with respect to State assessments and high school graduation and diploma requirements. At present, there are 34 charter schools authorized to issue Regents diplomas.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements on school districts and charter schools. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
Currently, students who wish to earn a Regents diploma with advanced designation must meet the Regents diploma requirements (5 assessments) and pass 2 additional mathematics Regents exams and 1 additional science Regents exam for a total of 8 exams. In light of the new pathways options, students who elect to meet the Regents diploma requirements using a mathematics pathway, would not be able to meet the advanced diploma requirements because the Department does not offer enough mathematics Regents exams for 2 additional tests to be completed. The proposed amendment would allow students to meet the additional mathematics assessment requirements with both Regents examinations in math, and/or an examination in a different course selected from the list of department approved alternatives in math. The proposed amendment would also clarify the requirements for students electing to meet the diploma requirements with a science pathway. They also would have to pass a total of 8 examinations, and if electing a science pathway, would have to pass a total of 3 science assessments rather than the previously required 2 science assessments.
The pathway options in humanities adopted by the Board in January provide only for additional assessments in social studies to meet the humanities requirement. The proposed amendment would allow a student to meet the humanities pathway requirement by passing either an additional Regents assessment or Department approved alternative in a different course in Social Studies or in English.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any additional costs on school districts or charter schools. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements or costs on school districts or charter schools.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on school districts or charter schools. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the rule 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, including pathways that utilize career-focused integrated course and programs. The 4+1 pathway option would apply beginning with students who first enter grade nine in September 2011 and thereafter, or who are otherwise eligible to receive a high school diploma in June 2015 or thereafter. 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 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 689 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. The proposed amendment also applies to charter schools in such areas, to the extent they offer instruction in the high school grades and issue Regents diplomas. 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 does not impose any additional compliance requirements on school districts and charter schools that are located in rural areas. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
Currently, students who wish to earn a Regents diploma with advanced designation must meet the Regents diploma requirements (5 assessments) and pass 2 additional mathematics Regents exams and 1 additional science Regents exam for a total of 8 exams. In light of the new pathways options, students who elect to meet the Regents diploma requirements using a mathematics pathway, would not be able to meet the advanced diploma requirements because the Department does not offer enough mathematics Regents exams for 2 additional tests to be completed. The proposed amendment would allow students to meet the additional mathematics assessment requirements with both Regents examinations in math, and/or an examination in a different course selected from the list of department approved alternatives in math. The proposed amendment would also clarify the requirements for students electing to meet the diploma requirements with a science pathway. They also would have to pass a total of 8 examinations, and if electing a science pathway, would have to pass a total of 3 science assessments rather than the previously required 2 science assessments.
The pathway options in humanities adopted by the Board in January provide only for additional assessments in social studies to meet the humanities requirement. The proposed amendment would allow a student to meet the humanities pathway requirement by passing either an additional Regents assessment or Department approved alternative in a different course in Social Studies or in English.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any additional costs on school districts or charter schools that are located in rural areas. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on school districts or charter schools that are located in rural areas. The amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
Because the Regents policy upon which the proposed amendment is based applies to all school districts and BOCES 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 to establish criteria for multiple, comparably rigorous assessment pathways for high school graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. The 4+1 pathway option would apply beginning with students who first enter grade nine in September 2011 and thereafter, or who are otherwise eligible to receive a high school diploma in June 2015 or thereafter. 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 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 implements Regents policy to establish criteria for multiple, comparably rigorous assessment pathways for graduation and college and career readiness, including pathways that utilize career-focused integrated course and programs. Specifically, the amendment clarifies the requirements for earning a Regents Diploma with advanced designation by students who elect to meet the requirements for a Regents diploma through the mathematics or science pathway options; and provides options for students who wish to pursue a pathway in the humanities, by allowing students to earn a Regents diploma through the humanities pathway by passing an additional Regents assessment, or a Department approved alternative, in a different course in either Social Studies or in English.
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. 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.
