Establishes criteria for awarding credit towards a Regents diploma for online and online/classroom coursework.
Text of final rule:
Paragraph (10) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is added, effective July 15, 2011, as follows:
(10) Credit for Online and Blended Courses.
(i) Definitions. For purposes of this paragraph:
(a) Online course means instruction in a specific subject consisting of teacher-to-student, student-to-student and/or student-to-content interactions that occur solely through digital and/or Internet-connected media.
(b) Blended course means instruction in a specific subject consisting of teacher-to-student, student-to-student and/or student-to-content interactions that occur through a combination of classroom-based and digital and/or Internet-connected media.
(c) Certified teacher means a teacher who holds a New York State teaching certificate in the subject area in which instruction is provided.
(ii) A school district, a charter school or a registered nonpublic school 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) To receive credit, the student shall successfully complete an online or blended course and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject and/or other assessment in the subject if required for earning a diploma.
(b) The school district, registered nonpublic school or charter school 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) a certified teacher from the school district in which the student is enrolled; or
(ii) a certified teacher from a board of cooperative educational services (BOCES) that contracts with the school district to provide instruction in the subject area where authorized pursuant to Education Law § 1950; or
(iii) a certified teacher from a school district who provides instruction in the subject area under a shared service agreement; or
(iv) in the case of a registered nonpublic school, a teacher of the subject area from a registered nonpublic school; or
(v) in the case of a charter school, a teacher of the subject area from a charter school.
(4) courses include regular and substantive interaction between the student and the teacher providing direction and/or supervision pursuant to subclause (3) of this clause; and
(5) instruction satisfies the unit of study and unit of credit requirements in section 100.1(a) and (b) of this Part.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 100.5(d)(10).
Text of rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on March 2, 2011, nonsubstantial revisions to the proposed rule were made for purposes of clarification as follows:
In the definitions of "online course" and "blended course" in 100.5(d)(10)(i)(a) and (b), respectively, the term "unit of study" was replaced with "subject" as a more appropriate descriptive term. In addition, the phrase "any combination of classroom-based and digital and/or Internet-connected media" was replaced by the phrase "a combination of classroom-based and digital and/or Internet-connected media."
In section 100.5(d)(10)(ii)(a), the term "unit of study" was replaced with the more appropriate descriptive term "an online or blended course" and the phrase "including passing the Regents examination in the subject or other assessment required for graduation, if applicable" was replaced with the more appropriate descriptive phrase " including passing the Regents examination in the subject and/or other assessment in the subject if required for earning a diploma."
Similarly, In section 100.5(d)(10)(ii)(b)(2), the phrase "including passing the Regents examination in the subject or other assessment required for graduation, if applicable" was replaced with the more appropriate descriptive phrase "including passing the Regents examination in the subject and/or other assessment in the subject if required for earning a diploma."
In section 100.5(d)(10)(ii)(b)(3)(i), the phrase "a certified teacher from the school district" was replaced with the more appropriately descriptive phrase "a certified teacher from the school district in which the student is enrolled."
These revisions do not require any changes to the previously published Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on March 2, 2011, nonsubstantial revisions to the proposed rule were made as described in the Statement Concerning the Regulatory Impact Statement filed herewith.
These revisions do not require any changes to the previously published Regulatory Flexibility Analysis for Small Businesses and Local Government.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on March 2, 2011, nonsubstantial revisions to the proposed rule were made as described in the Statement Concerning the Regulatory Impact Statement filed herewith.
These revisions do not require any changes to the previously published Rural Area Flexibility Analysis.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on March 2, 2011, nonsubstantial revisions to the proposed rule were made as described in the Statement Concerning the Regulatory Impact Statement filed herewith.
The proposed rule, as so revised, establishes standards relating to earning credit towards a Regents degree by means of online or a combination of online and classroom-based (blended) coursework that is provided by school districts, registered nonpublic schools and charter schools. The proposed revised rule will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the revised rule 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.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on March 2, 2011, the State Education Department received the following comments:
1. COMMENT:
The rule's requirement that online courses be monitored by a content area teacher will restrict the ability to offer online coursework for purposes of earning Regents diploma credit, because small schools cannot spare content areas teachers for this purpose. Instead, a district should be able to hire one teacher to monitor and coach a small group of students taking online courses.
DEPARTMENT RESPONSE:
The rule allows flexibility for certified teachers to use Internet and other computer-based resources to meet the individual instructional needs of their students. While the rule clearly requires that online/blended instruction be provided by or under the direction and/or supervision of New York State certified teachers in the subject area, if the teacher delivering the instruction via online or digital means is certified in the subject area then the school may provide for student supervision in any manner it deems appropriate consistent with applicable laws and regulations. If, however, the online interaction does not include a teacher certified in the subject area, then there must be a certified teacher assigned to direct and/or supervise the study. In order to ensure an appropriate and effective educational experience for students, the provision of any online/blended coursework must be predicated on the essential instructional role of a teacher who is employed by the school district, BOCES, non-public or charter school, and is highly qualified in the specific subject area, where applicable.
2. COMMENT:
For purposes of offering credit recovery in the summer, a student who has taken a traditional course during the school year should be allowed to take an online course monitored by school district staff, not necessarily a content area teacher.
DEPARTMENT RESPONSE:
The rule does not address credit recovery. However, the provisions in Commissioner's Regulation section 100.5(d)(8) are applicable to programs for making up incomplete or failed course credit, which may occur as part of a summer school program (8 NYCRR § 100.5[d][8][iv][b]) and may include online study (8 NYCRR § 100.5[d][8][iv][d]). Section § 100.5(d)(8)(ii)(c) requires that a make-up credit program ensure that equivalent, intensive instruction in the subject area is provided under the direction and/or supervision of a certified teacher.
3. COMMENT:
The rule limits the ability to offer the best resources and coursework to students, and reduces flexibility regarding supervision of on-line learning. The delivery system in the rule is not cost effective. To require courses be provided or supervised by a State-certified teacher severely limits the ability of students to take Advanced Placement (AP®) courses.
DEPARTMENT RESPONSE:
Students would be able to take the AP® courses consistent with the rule insofar as instruction is provided by or under the direction or supervision of a certified teacher in the subject area, and from the school district, provided there is regular and substantive interaction between the student and the teacher. The rule allows the direction and/or supervision to be provided in a variety of formats. If the teacher delivering the online content is not certified in the subject area, then the school district must provide the student with a supervising teacher who does hold such certification. This is necessary to ensure that the student has adequate support to be successful in the online course.
4. COMMENT:
Education Law § 1950 should be amended to permit BOCES to work with State agencies so that they may take advantage of online/blended courses offered through BOCES.
DEPARTMENT RESPONSE:
The rule addresses the need for increased flexibility to provide online/blended coursework in the context of registered public and nonpublic high schools and charter schools. Amendments to Education Law § 1950 are beyond the scope of the rule.
5. COMMENT:
The rule is unclear as to whether traditional seat time requirements apply.
DEPARTMENT RESPONSE:
Section 100.5(d)(10)(ii)(b)(5) requires that online instruction satisfy the unit of study and unit of credit requirements in Commissioner's Regulation section 100.1(a) and (b), respectively.
According to section 100.1(a), a unit of study "means at least 180 minutes of instruction per week throughout the school year, or the equivalent." To determine whether an online/blended course provides students with instruction that is equivalent to that received through 180 minutes of traditional classroom instruction, the principal must evaluate all course components (including, but not limited to, its curriculum, alignment to relevant State learning standards, instructional strategies and requirements, formative and summative assessments, professional development for teachers, and general delivery and revision processes). While Commissioner's regulations for completing a unit of study and earning a unit of credit refer to the amount of instruction to which students are entitled, the regulations do not limit or confine instruction solely to classroom-based instruction. As a result, instruction may be delivered in multiple ways and through multiple media that best meet the needs of the students, so long as such modes and media are under the direction of a certified teacher in that subject area and accountable to the district providing instruction, and so long as all applicable requirements are met. The mastery of learning outcomes, as determined by the principal, is based on an evaluation of the online/blended course as an equivalent mode of instruction.
6. COMMENT:
New York should provide for free Cyber schools similar to other states.
DEPARTMENT RESPONSE:
The creation of fully online schools in New York is beyond the scope of the rule, which addresses the need for increased flexibility in online and blended learning within the context of registered public and nonpublic schools as well as charter schools.
7. COMMENT:
Support was expressed for the requirement that online/blended instruction be provided by or under the direction and/or supervision of State-certified teachers, but it was recommended language be added to provide for collaborative engagement of teachers in the planning, development and implementation of online/blended programs, and to provide that coursework be implemented consistent with any collective bargaining obligation required by Civil Service Law Article 14.
DEPARTMENT RESPONSE:
The Department does not believe these changes are necessary. The rule provides for the essential role of the certified teacher in the specific subject area, employed by a school district or BOCES, and of the teacher of the subject area in a registered nonpublic or charter school. Provision of online/blended learning opportunities must be consistent with all applicable provisions of the Education Law, Commissioner's regulations and Civil Service Law Article 14.
8. COMMENT:
The rule requires online/blended courses to include "regular and substantive interaction between the student and the teachers providing direction and/or supervision." It is suggested that the term "regular" be replaced with "frequent" in order to support more timely and meaningful pedagogical oversight. The rule should be revised to clarify and the intent regarding such "interaction," particularly in meeting the unit of study and unit of credit requirements.
DEPARTMENT RESPONSE:
The Department believes the term "regular" is sufficient to describe the minimum amount of substantive interaction between the student and the teacher in this context. More specific minimum qualifiers may detract from the rule's flexibility to create new learning environments that meet student needs using online/blended coursework.
9. COMMENT:
Based on the input of an external advisory group of key stakeholders, the Department should develop guidance to provide programmatic standards for online/blended course, ensuring, for example, that curriculum requirements and State learning standards are maintained in online/blended coursework, appropriate measures are used to determine student mastery of learning outcomes, and safeguards are established for verifying completion of coursework by the student receiving the units of credit. The guidance should also provide school districts/BOCES with much needed direction in the use of commercial vendors of online and blended coursework. Concern was expressed that some school districts/BOCES are already using commercially available courses without any consistent State-wide oversight or quality content assurance and that, in some cases, courses extend into the questionable practice of providing core instructional services. In the January 28, 2011 memorandum from the Senior Deputy Commissioner P-12 Education to the Regents P-12 Education Committee, in connection with the Committee's discussion of the proposed rule at the February 7-8 Regents meeting, it was noted that "[s]chool districts lack the authority to contract with an independent contractor to provide core instructional services through the employees of that independent contractor except where specifically authorized by statute or regulation, or where contracting is necessary to carry out duties imposed on the school district by State or federal law. Contracting out cannot be used as a vehicle for avoiding the tenure laws or the requirements that teachers be duly certified."
Department guidance should also address the critical need for the identification and provision of appropriate professional development, particularly in light of the new teacher evaluation requirements established in Chapter 103 of the Laws of 2010.
DEPARTMENT RESPONSE:
The Department intends to issue guidance after adoption of the rule, to be developed in consultation with relevant stakeholders. As part of the Regents Reform Agenda, and as a component of the State's Race to the Top plan, the Department is also developing guidance regarding the use of vendors for online and blended course models, including guidance and support to address the critical need for professional development to assist teachers and principals in developing pedagogical considerations, creating and developing effective learning environments, and using technology in the provision of online and blended courses.
Also, a June 2, 2010 Department memorandum provides guidance for school administrators reqarding contracts for instruction and is available at:
While it would be beneficial for students to have the opportunity to earn credit through online courses, given the current fiscal situation of most districts it will be virtually impossible to vet all of the possible courses available to determine if they are aligned with applicable State learning standards. Additionally, it will require staff to determine if the course provides documentation of mastery, instruction satisfying credit and regular and substantive interaction between the student and the teacher. If a teacher is expected to develop such course, additional funding is necessary. It was suggested that the Department provide a list of approved online courses for course credit that meet the Department's requirements.
DEPARTMENT RESPONSE:
The International Association of K-12 Online Learning (iNACOL) recommends that "online and blended courses need not be developed from scratch, but that many already exist that meet State Standards and are accredited by recognized organizations. These resources have been developed by State, private, business, and independent organizations. At least initially, collaborating and sharing these options may be more cost-effective and practical for school systems than developing online instruction in house." Additionally, a school district would not need to vet or align all possible course, but only the ones they choose to use. The Department is currently developing a program to disseminate commencement-level ("high school") online courses for State-wide use. These courses would be used by school districts, charter schools, and registered nonpublic schools for instruction, leading to credit for students who successfully complete them, delivered online or through other electronic means. The Department is also developing a program to implement sustained, ongoing, systems-building professional development, technical assistance, and follow-up support around online and blended courses and instruction ("virtual learning") State-wide.
12. COMMENT:
Establishing online coursework is an excellent idea and will offer options for schools and families with circumstances that would require this educational flexibility. However, it is hoped that this will include elementary and junior high schools as well.
DEPARTEMENT RESPONSE:
The comment is beyond the scope of the rule making, which is intended to provide opportunities for students to earn units of credit towards earning a high school diploma. Accordingly, only students who are in grades nine through twelve or who are in a grade eight acceleration for diploma credit program may earn units of credit towards a high school diploma. Nevertheless, the Department acknowledges the value of online/blended coursework and, as new research is conducted and published, it may consider providing online/blended course opportunities to elementary and middle school students in a future rule making.
