Specific reasons underlying the finding of necessity:
The proposed amendment establishes requirements to transition to the new Regents Examinations in English Language Arts (ELA) (Common Core) and in mathematics which measure the New York State Common Core Learning Standards (CCLS).
Pursuant to the proposed amendment, the transition plan for the new Regents Examination in ELA (Common Core) includes the following:
• Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative.
• Students who first entered Grade 9 prior to September 2013 shall meet the English requirement for graduation by passing the new Regents Examination in ELA (Common Core) or by passing the Regents Comprehensive Examination in English, while that exam is still being offered. For the June 2014 and August 2014 administrations only, students enrolled in Common Core English courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination.
With respect to the transition plan for the new Regents Examinations in mathematics (Common Core), the proposed amendment would require that:
• Students who first begin instruction in a commencement level mathematics course aligned to the CCLS in September 2013 and thereafter shall meet the mathematics requirement for graduation by passing a commencement level Regents Examination in mathematics that measures the CCLS, or an approved alternative.
• Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirements for graduation by passing the corresponding commencement level Regents, while those examinations are still being offered. For the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
Because the Board of Regents meets at scheduled intervals, and generally does not meet in the month of August, 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 October 21-22, 2013 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the October meeting, would be November 6, 2013, the date a Notice of Adoption would be published in the State Register. However, emergency action to adopt the proposed rule is necessary now for the preservation of the general welfare to ensure that that school districts and students are given sufficient and timely notice of the requirements for transitioning to the new CCLS Regents Examinations in English Language Arts (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II), in order to enable them to prepare for and timely implement these requirements.
It is anticipated that the emergency rule will be presented to the Board of Regents for adoption as a permanent rule at the October 21-22, 2013 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act for proposed rulemakings.
Subject:
English Language Arts (ELA) and Mathematics Common Core Learning Standards (CCLS).
Purpose:
Establish transition requirements for the Regents ELA and Mathematics examinations aligned to the CCLS.
Text of emergency/proposed rule:
1. Subdivision (a) of section 100.5 of the Regulations of the Commissioner is amended, effective July 30, 2013, as follows:
(a) General requirements for a Regents or a local high school diploma. Except as provided in paragraph (d)(6) 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) . . .
(6) . . .
(7) . . .
(8) . . .
2. Subdivision (b) of section 100.5 of the Regulations of the Commissioner is amended, effective July 30, 2013, as follows:
(b) Additional requirements for the Regents diploma. Except as provided in paragraph (d)(6) and subdivision (g) of this section, the following additional requirements shall apply for a Regents diploma.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(7) . . .
3. Subdivision (c) of section 100.5 of the Regulations of the Commissioner is amended, effective July 30, 2013, as follows:
(c) Additional requirements for the local diploma. Except as provided in paragraph (d)(6) and subdivision (g) of this section, the following additional requirements shall apply for a local diploma.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
4. Subdivision (g) of section 100.5 of the Regulations of the Commissioner is added, effective July 30, 2013, as follows:
(g) Notwithstanding the provisions of this section, the following provisions shall apply to the specified student cohorts for purposes of meeting the English and Mathematics requirements for a Regents or local diploma:
(1) English.
(i) Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation in clause 100.5(a)(5)(i)(a) of this section by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative pursuant to section 100.2(f) of this Part.
(ii) Students who first enter grade 9 prior to September 2013 shall meet the English requirement for graduation in clause 100.5(a)(5)(i)(a) of this section by (a) successfully completing a course in English Language Arts (Common Core) and passing the Regents Examination in English Language Arts (Common Core) or an approved alternative pursuant to section 100.2(f) of this Part; or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English or an approved alternative pursuant to section 100.2(f) of this Part; provided that for the June 2014 and August 2014 administrations only, students enrolled in English Language Arts (Common Core) courses may, at the discretion of the applicable school district, take the Regents Comprehensive Examination in English in addition to the Regents Examination in English Language Arts (Common Core), and may meet such English requirement by passing either examination.
(2) Mathematics.
(i) Students who first begin instruction in a commencement level mathematics course aligned to the Common Core Learning Standards in September 2013 and thereafter shall meet the mathematics requirement for graduation in clause 100.5(a)(5)(i)(b) of this section by passing a commencement level Regents Examination in mathematics that measures the Common Core Learning Standards, or an approved alternative pursuant to section 100.2(f) of this Part.
(ii) Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirement for graduation in clause 100.5(a)(5)(i)(b) of this section by passing the corresponding commencement level Regents Examinations in mathematics or an approved alternative pursuant to section 100.2(f) of this Part; provided that for the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at the discretion of the applicable school district, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet the mathematics requirement for graduation in clause 100.5(a)(5)(i)(b) of this section by passing either examination.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire October 27, 2013.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, 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 P-12 Education, State Education Department, State Education Building 2M, 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.
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 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 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 shall execute all educational policies determined by the Board of 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 the State education department to alter the subjects of required instruction.
2. LEGISLATIVE OBJECTIVES:
The proposed rule is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Board of Regents relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement.
3. NEEDS AND BENEFITS:
The Board of Regents adopted the Common Core State Standards (CCSS) for English Language Arts & Literacy (ELA) and Mathematics at its July 2010 meeting and incorporated New York-specific additions, creating the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting.
The proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State CCLS.
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 direct costs to the State, school districts, charter schools or the State Education Department. The proposed amendment establishes requirements to transition to the new Regents Examinations in ELA (Common Core) and in mathematics which measure the CCLS. It is anticipated that any indirect costs associated with these requirements will be minimal and capable of being absorbed using existing school resources.
5. LOCAL GOVERNMENT MANDATES:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS).
Pursuant to the proposed amendment, the transition plan for the new Regents Examination in ELA (Common Core) includes the following:
• Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative.
• Students who first entered Grade 9 prior to September 2013 shall meet the English requirement for graduation by: (a) successfully completing a course in English Language Arts (Common Core) and passing the new Regents Examination in ELA (Common Core) or an approved alternative or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in ELA (Common Core) courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination.
With respect to the transition plan for the new Regents Examinations in mathematics (Common Core), the proposed amendment would require that:
• Students who first begin instruction in a commencement level mathematics course aligned to the CCLS in September 2013 and thereafter shall meet the mathematics requirement for graduation by passing a commencement level Regents Examination in mathematics that measures the CCLS, or an approved alternative.
• Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirements for graduation by passing the corresponding commencement level Regents Examination, while those examinations are still being offered. For the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
6. PAPERWORK:
The proposed amendment does not impose any specific recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
There are no significant alternatives to the proposed amendment and none were considered. The Board of Regents adopted the Common Core State Standards (CCSS) for English Language Arts & Literacy (ELA) and Mathematics at its July 2010 meeting and incorporated New York-specific additions, creating the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting. The proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II).
9. FEDERAL STANDARDS:
There are no related federal standards in this area.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed amendment by its effective date. To ensure implementation of the CCLS in line with the Regents Reform Agenda and the State’s winning Race to the Top (RTTT) application, the proposed amendment requires that all students entering grade nine in September 2013 and thereafter must pass the new Regents Examination in English Language Arts (Common Core); and that any student who in September 2013 or thereafter, regardless of grade of enrollment, begins their first commencement-level mathematics course culminating in a Regents Examination in June 2014 or later must take the CCLS Regents Examination in mathematics that corresponds to that course, as available, and be provided with Common Core instruction. Students who first entered Grade 9 prior to September 2013 must pass the new Regents Examination in ELA (Common Core) or the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in Common Core English courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination. Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 must pass the corresponding commencement level Regents Examination, while those examinations are still being offered; provided that for the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
The new Regents Examination in ELA (Common Core) is designed to be administered at the end of Grade 11, similar to typical practice with the current Regents Comprehensive Examination in English. The last administration of the current Regents Comprehensive Examination in English will occur in June 2016. The last administrations of the current Regents Examinations in Integrated Algebra, Geometry and Algebra 2/Trigonometry will be in January 2015, January 2016, and January 2017, respectively. Based on feedback from the field and the recommendation to teach math courses in a sequential manner, the Department has decided to postpone the first administrations of the CCLS exams in Geometry and Algebra II until June 2015 and June 2016, respectively.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in English Language Arts (ELA) (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS). 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 Government:
1. EFFECT OF RULE:
The proposed amendment applies to each of the 695 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:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS).
Pursuant to the proposed amendment, the transition plan for the new Regents Examination in ELA (Common Core) includes the following:
• Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative.
• Students who first entered Grade 9 prior to September 2013 shall meet the English requirement for graduation by: (a) successfully completing a course in English Language Arts (Common Core) and passing the new Regents Examination in ELA (Common Core) or an approved alternative or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in ELA (Common Core) courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination.
With respect to the transition plan for the new Regents Examinations in mathematics (Common Core), the proposed amendment would require that:
• Students who first begin instruction in a commencement level mathematics course aligned to the CCLS in September 2013 and thereafter shall meet the mathematics requirement for graduation by passing a commencement level Regents Examination in mathematics that measures the CCLS, or an approved alternative.
• Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirements for graduation by passing the corresponding commencement level Regents, while those examinations are still being offered. For the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any direct costs to school districts or charter schools. The proposed amendment establishes requirements to transition to the new Regents Examinations in ELA (Common Core) and in mathematics which measure the CCLS. It is anticipated that any indirect costs associated with these requirements will be minimal and capable of being absorbed using existing school resources.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements on school districts or charter schools. Economic feasibility is addressed in the Costs section above.
6. MINIMIZING ADVERSE IMPACT:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in English Language Arts and Literacy (ELA - Common Core) and in Mathematics (Algebra I, Geometry and Algebra II). Because the Regents policy upon which the proposed amendment is based applies to all school districts in the State and to charter schools authorized to issue Regents diplomas, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt school districts or charter schools from coverage by the proposed amendment. The proposed amendment does not directly impose any additional compliance requirements or costs on school districts. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing school resources.
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 providing for a transition to the New York State Common Core Learning Standards (CCLS) adopted at the January 2011 Regents meeting. To ensure implementation of the CCLS in line with the Regents Reform Agenda and the State’s winning Race to the Top (RTTT) application, the proposed amendment requires that all students entering grade nine in September 2013 and thereafter must pass the Regents Examination in English Language Arts (Common Core); and that any student who in September 2013 or thereafter, regardless of grade of enrollment, begins their first commencement-level mathematics course culminating in a Regents Examination in June 2014 or later must take the CCLS Regents Examination in mathematics that corresponds to that course, as available, and be provided with Common Core instruction. The new Regents Examination in ELA (Common Core) is designed to be administered at the end of Grade 11, similar to typical practice with the current Regents Comprehensive Examination in English. The last administration of the current Regents Comprehensive Examination in English will occur in June 2016. The last administrations of the current Regents Examinations in Integrated Algebra, Geometry and Algebra 2/Trigonometry will be in January 2015, January 2016, and January 2017, respectively. Based on feedback from the field and the recommendation to teach math courses in a sequential manner, the Department has decided to postpone the first administrations of the CCLS exams in Geometry and Algebra II until June 2015 and June 2016, respectively. 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 695 public school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. 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:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in ELA (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS).
Pursuant to the proposed amendment, the transition plan for the new Regents Examination in ELA (Common Core) includes the following:
• Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation by passing the Regents Examination in English Language Arts (Common Core) or an approved alternative.
• Students who first entered Grade 9 prior to September 2013 shall meet the English requirement for graduation by: (a) successfully completing a course in English Language Arts (Common Core) and passing the new Regents Examination in ELA (Common Core) or an approved alternative or (b) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents Comprehensive Examination in English, while that exam is still being offered; provided that for the June 2014 and August 2014 administrations only, students enrolled in ELA (Common Core) courses may, at local discretion, take the Regents Comprehensive Exam in English in addition to the Regents Examination in ELA (Common Core), and may meet the English requirement for graduation by passing either examination.
With respect to the transition plan for the new Regents Examinations in mathematics (Common Core), the proposed amendment would require that:
• Students who first begin instruction in a commencement level mathematics course aligned to the CCLS in September 2013 and thereafter shall meet the mathematics requirement for graduation by passing a commencement level Regents Examination in mathematics that measures the CCLS, or an approved alternative.
• Students who first began or will complete an Integrated Algebra, Geometry, or Algebra 2/Trigonometry course prior to September 2013 shall meet the mathematics requirements for graduation by passing the corresponding commencement level Regents, while those examinations are still being offered. For the June 2014, August 2014 and January 2015 administrations only, students receiving Algebra I (Common Core) instruction may, at local discretion, take the Regents Examination in Integrated Algebra in addition to the Regents Examination in Algebra I (Common Core), and may meet graduation requirements by passing either examination.
The proposed amendment does not impose any additional professional services requirements.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any direct costs to school districts or charter schools. The proposed amendment establishes requirements to transition to the new Regents Examinations in ELA (Common Core) and in mathematics which measure the CCLS. It is anticipated that any indirect costs associated with these requirements will be minimal and capable of being absorbed using existing school resources.
4. MINIMIZING ADVERSE IMPACT:
Consistent with the Board of Regents' adoption of the New York State Common Core Learning Standards (CCLS) at its January 2011 meeting, the proposed amendment is necessary to implement requirements for transitioning to the new Regents examinations in English Language Arts and Literacy (ELA - Common Core) and in Mathematics (Algebra I, Geometry and Algebra II). 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. The proposed amendment does not directly impose any additional compliance requirements or costs on school districts or charter schools in rural areas. It is anticipated that any indirect costs associated with the proposed amendment will be minimal and capable of being absorbed using existing school resources.
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 providing for a transition to the New York State Common Core Learning Standards (CCLS) adopted at the January 2011 Regents meeting. To ensure implementation of the CCLS in line with the Regents Reform Agenda and the State’s winning Race to the Top (RTTT) application, the proposed amendment requires that all students entering grade nine in September 2013 and thereafter must pass the Regents Examination in English Language Arts (Common Core); and that any student who in September 2013 or thereafter, regardless of grade of enrollment, begins their first commencement-level mathematics course culminating in a Regents Examination in June 2014 or later must take the CCLS Regents Examination in mathematics that corresponds to that course, as available, and be provided with Common Core instruction. The new Regents Examination in ELA (Common Core) is designed to be administered at the end of Grade 11, similar to typical practice with the current Regents Comprehensive Examination in English. The last administration of the current Regents Comprehensive Examination in English will occur in June 2016. The last administrations of the current Regents Examinations in Integrated Algebra, Geometry and Algebra 2/Trigonometry will be in January 2015, January 2016, and January 2017, respectively. Based on feedback from the field and the recommendation to teach math courses in a sequential manner, the Department has decided to postpone the first administrations of the CCLS exams in Geometry and Algebra II until June 2015 and June 2016, respectively. 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 is necessary to implement requirements for transitioning to the new Regents examinations in English Language Arts (ELA) (Common Core) and in Mathematics (Algebra I, Geometry and Algebra II) which measure the New York State Common Core Learning Standards (CCLS). 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.
