To expand from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
Text of proposed rule:
Paragraph (6) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective October 1, 2014, as follows:
(6) Career and technical education program option.
(i) . . .
(ii) Students who first enter grade nine in the 2001-2002 school year or thereafter may meet the commencement level New York State learning standards and earn either a Regents diploma or a Regents diploma with advanced designation, or such diploma with a technical endorsement, by completing an approved career and technical education program pursuant to the requirements of this subparagraph.
(a) In order to be eligible to receive a Regents diploma or Regents diploma with advanced designation, students shall successfully complete:
(1) five Regents assessments as described in paragraph (a)(5) of this section, or approved alternatives pursuant to section 100.2(f) of this Title; and
(2) 22 units of credit pursuant to paragraph (a)(3) of this section, provided that [one] two units each of required credit in English, science, and mathematics, and the combined unit of economics and government and up to one additional credit in social studies, may be fulfilled through:
(i) specialized courses as defined in subparagraph (b)(7)(iv) of this section;
(ii) integrated career and technical education courses; or
(iii) a combination of specialized and integrated career and technical education courses.
(b) In order to be eligible to receive such diploma with a technical endorsement, students participating in an approved program shall successfully complete:
(1) the requirements set forth in clause (a) of this subparagraph; and
(2) a technical assessment.
(iii) Beginning with the 2001-2002 school year and thereafter, students who first entered grade nine in the 2000-2001 school year or before and who have not yet received a Regents diploma, Regents diploma with advanced designation, or local diploma may earn such diploma, or such diploma with a technical endorsement, pursuant to the requirements of this subparagraph.
(a) In order to be eligible to receive a Regents diploma, Regents diploma with advanced designation or local diploma, students participating in an approved career and technical education program shall successfully complete the required units of credit pursuant to paragraph (a)(1) or (2) of this section, as applicable, provided that [one] two units each of required credit in English, science, and mathematics, and the combined unit of economics and government and up to one additional credit in social studies, may be fulfilled through:
(1) specialized courses as defined in subparagraph (b)(7)(iv) of this section;
(2) integrated career and technical education courses; or
(3) a combination of specialized and integrated career and technical education courses.
(b) In order to be eligible to receive such diploma with a technical endorsement, students participating in an approved program must successfully complete:
(1) the requirements set forth in clause (a) of this subparagraph; and
(2) a technical assessment.
(iv) . . .
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Ken Slentz, Deputy Commissioner, State Education Department, Office of P-12 Education, State Education Building, 2M West, 89 Washington Ave., Albany, NY 12234, (518) 474-5520, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues 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 Board of Regents and the Commissioner to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the 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 215 provides the Commissioner with the authority to require schools and school districts to submit reports containing such information as the Commissioner shall prescribe.
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.
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 education.
Education Law section 3204(3) provides for the courses of study in the public schools.
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 Board of Regents related to high school diploma requirements and career and technical education programs.
3. NEEDS AND BENEFITS:
Current regulations permit approved Career and Technical Education (CTE) programs to offer students, based on the technical content of the program, up to four academic credits (one in each area) in English, mathematics, science and economics/participation in government, to be earned through integrated CTE courses.
In addition to allowing credit for integrated academic content in existing approved CTE programs, the regulations allow, with approval by the local board of education, the use of specialized course for academic credit. This option is employed in approved CTE programs to strengthen the academic content where it may be lacking in the technical program.
Graduation requirements require multiple academic credits in English, mathematics, science and social studies for graduation. It is conceivable that CTE approved programs could justify additional integrated credits in their programs. An informal survey conducted by the State Education Department in April 2014 of school districts and BOCES representing approved programs indicated that approximately 22% of the existing approved programs could justify additional integrated credits if permitted. Approximately 11% of survey respondents indicated they could not or would not entertain adding additional integrated credits.
At their May 2014 meeting, the Board of Regents approved the allowing of additional integrated academic credits in approved CTE programs, which resulted in the proposed amendment to expand the number of allowable integrated credits from four to eight (two each in English, mathematics and science, and one combined credit in economics/participation in government and up to one additional credit in social studies).
The proposed amendment will provide new options to school districts and BOCES in instructional practices to achieve State learning standards, State assessments, and graduation and diploma requirements consistent with the career and technical education policy adopted by the New York State Board of Regents. The new options will help to ensure that all students in New York State public schools have the skills, knowledge, and understandings they will need to succeed in the next century.
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 costs, but merely expands from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment will not impose any additional program, service, duty or responsibility upon local governments. School districts and BOCES may, but are not required to, offer career and technical education programs. The proposed amendment merely expands from four to eight, the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
6. PAPERWORK:
The proposed amendment does not impose any specific recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or Federal rules or other legal requirements.
8. ALTERNATIVES:
There are no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
The proposed amendment does not exceed any minimum standards of the Federal government for the same or similar subject areas.
10. COMPLIANCE SCHEDULE:
It is anticipated that school districts and BOCES offering approved CTE programs will be able to comply with the proposed amendment by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment relates to educational standards for career and technical education (CTE) programs operated by school districts and boards of cooperative educational services (BOCES), 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 public school district and board of cooperative educational services (BOCES) in the State that chooses to offer approved CTE programs. There are approximately 1,017 approved CTE programs statewide.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment will not impose any additional compliance requirements upon local governments. School districts and BOCES may, but are not required to, offer career and technical education programs. The proposed amendment merely expands from four to eight, the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
3. PROFESSIONAL SERVICES REQUIREMENTS:
The proposed amendment will require no additional professional services.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on school districts or BOCES, but merely expands from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements or costs on school districts or BOCES.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement policy adopted by the Board of Regents. The proposed amendment does not impose any compliance requirements or costs on school districts or BOCES, but merely expands from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
The proposed amendment will provide new options to school districts and BOCES in instructional practices to achieve State learning standards, State assessments, and graduation and diploma requirements consistent with the career and technical education policy adopted by the New York State Board of Regents. The new options will help to ensure that all students in New York State public schools have the skills, knowledge, and understandings they will need to succeed in the next century.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed rule have been provided to District Superintendents with the request that they distribute it to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts.
8. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, by expanding from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses. The proposed amendment does not impose any compliance requirements or costs on school districts or BOCES but instead will provide new options to school districts and BOCES in instructional practices to achieve State learning standards, State assessments, and graduation and diploma requirements consistent with the career and technical education policy adopted by the New York State Board of Regents. The new options will help to ensure that all students in New York State public schools have the skills, knowledge, and understandings they will need to succeed in the next century.
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 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 public school district and board of cooperative educational services (BOCES) in the State that choose to offer approved programs in career and technical education (CTE) leading to a high school diploma with a technical endorsement, including those 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 number of approved CTE programs in the 44 rural counties is 370. The number of approved CTE programs in the 9 counties that have certain townships with population densities of 150 persons or less per square mile is 317.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment will not impose any additional reporting, recordkeeping or other compliance requirements upon local governments. School districts and BOCES may, but are not required to, offer career and technical education programs. The proposed amendment merely expands from four to eight, the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
The proposed amendment will require no additional professional services.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on school districts or BOCES, but merely expands from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement policy adopted by the Board of Regents. The proposed amendment does not impose any compliance requirements or costs on school districts or BOCES, but merely expands from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses. The Regents policy upon which the amended regulation is based applies to all public schools and BOCES. Therefore, it was not possible to establish different compliance and reporting requirements for school districts or BOCES in rural areas, or exempt them from the provisions.
The proposed amendment will provide new options available to school districts and BOCES in instructional practices to achieve State learning standards, State assessments, and graduation and diploma requirements consistent with the career and technical education policy adopted by the New York State Board of Regents. The new options will help to ensure that all students in New York State public schools have the skills, knowledge, and understandings they will need to succeed in the next century.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from the Department's Rural Education Advisory Committee, whose membership includes school districts located in rural areas.
6. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, by expanding from four to eight the number of required credits in English, science, mathematics and social studies that may be fulfilled through specialized courses, integrated CTE courses, or a combination of specialized and integrated CTE courses. The proposed amendment does not impose any compliance requirements or costs on school districts or BOCES but instead will provide new options to school districts and BOCES in instructional practices to achieve State learning standards, State assessments, and graduation and diploma requirements consistent with the career and technical education policy adopted by the New York State Board of Regents. The new options will help to ensure that all students in New York State public schools have the skills, knowledge, and understandings they will need to succeed in the next century.
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 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 establishes criteria by which school districts and boards of cooperative educational services (BOCES) may operate career and technical education programs approved by the Commissioner and award high school diplomas to students who successfully complete such programs.
The proposed amendment will provide new options available to school districts and BOCES in instructional practices to achieve State learning standards, State assessments, and graduation and diploma requirements consistent with the career and technical education policy adopted by the New York State Board of Regents. The new options will help to ensure that all students in New York State public schools have the skills, knowledge, and understandings they will need to succeed in the next century.
The proposed amendment will not have an adverse impact on jobs or employment opportunities. In order to comply with the new requirements, it may be necessary for some school districts and BOCES to employ new personnel, which may result in an increase in jobs and employment opportunities. Because it is evident from the nature of the proposed amendments that they 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.
