Specific reasons underlying the finding of necessity:
In order to continue the extensive role played by NYS educators in the development of the new Social Studies Regents Exams, the first administrations of the new Regents Examination in Global History & Geography II will be shifted a year to allow for a transition year and will first be offered in June 2019. In effort to conform the current social studies examination requirements for a high diploma under section 100.5 of the Commissioner’s regulations to reflect this shift and to provide some flexibility to districts during this transition period, the proposed amendment does the following:
• shifts the requirement for students to take and pass the new Regents Examination in Global History & Geography II for graduation (instead of the prior Regents Examination in global history and geography) for an additional year- so that it applies to students first entering grade nine on or after September 2017; and
• provides districts with flexibility during the transition period to the new Social Studies Regents Examination. For the June 2019, August 2019, January 2020 and June 2020 administrations of the social studies Regents Examinations, the proposed amendment provides local school districts or schools with discretion to determine whether to accept a passing score on the Transition Regents Examination in Global History & Geography 10 (with content ranging from approximately 1750 to the present) or the Global History & Geography II Regents Examination, or either examination, for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations; in addition to accepting a passing score on the Regents Examination in U.S history and government.
Since the Board of Regents meets at fixed intervals, the earliest the proposed rule can be presented for regular (non-emergency) adoption, after expiration of the required 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5), would be the September 12-13, 2016 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed rule, if adopted at the September meeting, would be September 28, 2016, the date a Notice of Adoption would be published in the State Register. However, the current regulations require students who are entering grade nine on or after September 1, 2016 to take and pass the new examinations and the emergency rule adopted at the June 2016 Regents meeting is set to expire on September 17, 2016.
Therefore, emergency action is necessary at the September 2016 Regents meeting for the preservation of the general welfare in order to ensure that students who are entering grade nine on or after September 1, 2016 are on notice of the shift in implementation of the new Social Studies Regents Examination and of the new diploma requirements that will be required of them so that they can adequately prepare for these new examination requirements and to ensure that the emergency rule adopted at the June Regents meeting remains continuously in effect until it can be adopted as a permanent rule.
It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the September 12-13, 2016 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act for State agency rule makings.
Subject:
Social Studies Regents examinations.
Purpose:
To provide additional pathway options for passing the social studies Regents examinations for a diploma.
Text of emergency rule:
Paragraph (5) of subdivision (a) of section 100.5 of the Regulations of the Commissioner of Education is amended, effective September 18, 2016, to read as follows:
(5) State assessment system.
(i) Except as otherwise provided in clause (f) of this subparagraph and subparagraphs (ii), (iii) and (iv) of this paragraph, all students shall demonstrate attainment of the New York State learning standards:
(a) …
(b) …
(c) United States history and government:
(1) …
(2) …
(3) for 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, by passing one of the following assessments:
(i) the Regents examination in United States history and government; or
(ii) except as otherwise provided in item (iv), the Regents examination in global history and geography (for students first entering grade nine prior to September [2016] 2017);
(iii) except as otherwise provided in item (iv), the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September [2016] 2017 and thereafter);
(iv) at the discretion of the applicable local school district or school, the Regents examination in global history and geography or the Regents examination in global history and geography II, for students who take and pass such assessments during the June 2019, August 2019, January 2020 and June 2020 administrations of these assessments; or
[(iii)] (v) a department-approved alternative to either item (i) [or], (ii), (iii) or (iv) of this subclause; or
(4) …
(5) …
(d) …
(e) Global history and geography:
(1) …
(2) …
(3) …
(4) for 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, by passing one of the following assessments:
(i) the Regents examination in United States history and government; or
(ii) except as otherwise provided in item (iv), the Regents examination in global history and geography (for students first entering grade nine prior to September [2016] 2017);
(iii) except as otherwise provided in item (iv), the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September [2016] 2017 and thereafter);
(iv) at the discretion of the applicable local school district or school, the Regents examination in global history and geography or the Regents examination in global history and geography II, for students who take and pass such assessments during the June 2019, August 2019, January 2020 and June 2020 administrations of these assessments; or
[(iii)] (v) a department-approved alternative to either item (i) [or], (ii), (iii) or (iv) of this subclause; or
(iii) …
(f) …
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-27-16-00004-EP, Issue of July 6, 2016. The emergency rule will expire November 11, 2016.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, New York State Education Department, 89 Washington Avenue, Room 148, (518) 474-8966, Albany, NY 12234, (518) 474-8966, email: legal@nysed.gov
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner as chief administrative officer of the Department, which is charged 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 of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.
Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.
Education Law section 209 authorizes the Regents to establish secondary school examinations in studies furnishing a suitable standard of graduation and of admission to colleges; to confer certificates or diplomas on students who satisfactorily pass such examinations; and requires the admission to these examinations of any person who shall conform to the rules and pay the fees prescribed by the Regents.
Education Law section 215 authorizes the Regents and the Commissioner to require school districts to prepare and submit reports containing such information as they may prescribe.
Education Law section 305(1) and (2) provide the Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies 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.
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 a transition period to the new Regents Examination in Global History & Geography II.
3. NEEDS AND BENEFITS:
The Office of State Assessment has been working closely with members of the Content Advisory Panel to develop the new Regents Examination in Global History and Geography II. This group has worked to develop claims, evidence and performance level indicators for the new assessment as well as suggested question format. Surveys detailing the suggested format of the new assessment and prototype test items have been issued to solicit feedback from educators. The Content Advisory Panel has taken a lead role in analyzing this feedback and working to incorporate educator input into the new assessment design.
In order to ensure a gradual transition to the new Social Studies frameworks, and to continue the extensive role played by NYS educators in the development of the new Social Studies Regents Exams, the Global History and Geography Exam administered in June 2018, August 2018, and January 2019 would be based on the existing test framework, but revised to measure content only from the second year of the course consistent with the delineation made in the new frameworks (i.e., content covering approximately 1751 to the present). The transition year will allow for educators to adjust their curriculum and instruction to a model in which the scope and sequence in the second year of the course culminates in the Regents Exam. A similar transition the following year would apply to the U.S. History & Government Exam. The new Regents Examination in Global History & Geography II would first be offered in June 2019 and the Regents Examination in United States History & Government (2014 Framework) would first be offered in June 2020. Not only will this transition year allow educators a more thoughtful and gradual shift to the new frameworks, but this will also provide time for additional educator involvement in the development of these Regents Examinations to ensure they measure the new Frameworks with quality and fidelity. Additionally, this will ensure an extended period for notice and time for students to be prepared to take the new Regents Examinations in Social Studies.
The Department expects to continue to engage and inform educators regarding the ongoing development process and will issue guidance regarding the transition from the current Regents Examinations in Social Studies to the new Regents Examinations in the coming months. This will include guidance on which instruction and assessments (current vs. new Framework) may be offered to students, based on their grade level during the applicable school year.
In an effort to conform the current diploma requirements to reflect the implementation of this transition year in 2017-18 and provide flexibility to school districts and students while the Department moves to the new Global History & Geography II Regents examination in 2018-19, the proposed amendment does the following:
• shifts the requirement for students to take and pass the new Regents Examination in Global History & Geography II for graduation (instead of the current Regents Examination in Global History Geography I) by one year to allow for the creation of a transition year - so that it applies to students first entering grade nine in September 2017 and thereafter; and
• provides local school districts or schools with the discretion to determine to accept a passing score on either the Global History & Geography I Regents examination (with content ranging from approximately 1751 to the present) or the Global History & Geography II Regents examination for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations during a period when both examinations (the current exam, but with content ranging from approximately 1751 to the present, and the new exam based on the new Social Studies Frameworks) are being administered (the June 2019, August 2019, January 2020 and June 2020 administrations).
4. COSTS:
(a) Costs to State: none.
(b) Costs to local governments: none.
(c) Costs to private regulated parties: none.
(d) Costs to regulating agency for implementation and continued administration of this rule: none.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment is necessary to implement enacted by the Board of Regents relating to the new Regents Examination in Global History & Geography II and does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment delays the requirement for students to take and pass the new Regents Examination in Global History & Geography II examination for graduation (instead of the prior Regents examination in global history and geography) for an additional year- so that it applies to students first entering grade nine on or after September 2017. It also provides flexibility for school districts during a transition period which includes the June 2019, August 2019, January 2020 and June 2020 administrations, by allowing school districts the discretion to determine whether to accept a passing score on the Global History & Geography I Regents examination or the Global History & Geography Regents examination II, or either examination, for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations; in addition to accepting a passing score on the Regents examination in U.S history and government.
6. PAPERWORK:
The proposed amendment does not impose any specific recordkeeping, reporting or other paperwork requirements.
7. DUPLICATION:
The proposed rule does not duplicate any existing State or federal requirements.
8. ALTERNATIVES:
There were no significant alternatives and none were considered. The proposed rule is necessary to implement Regents policy relating to delaying the requirement for students to take and pass the new Regents Examination in Global History & Geography II examination for graduation. The proposed rule also provides flexibility for school districts during the transition period to the new Social Studies Regents examination.
9. FEDERAL STANDARDS:
There are no related federal standards in this area.
10. COMPLIANCE SCHEDULE:
It is anticipated that regulated parties can achieve compliance with the proposed rule by its effective date. The first administrations of the new Regents Examination in Global History & Geography II will be offered in June 2019. For the transition period which will include the June 2019, August 2019, January 2020 and June 2020 administrations, school districts will have discretion to determine whether to accept a passing score on the Global History & Geography I Regents examination or the Global History & Geography Regents examination II, or either examination, for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations; in addition to accepting a passing score on the Regents examination in U.S history and government.
Regulatory Flexibility Analysis
(a) Small businesses:
In order to continue the extensive role played by NYS educators in the development of the new Social Studies Regents Exams, the first administrations of the new Regents Examination in Global History & Geography II will be shifted a year to allow for a transition year and will first be offered in June 2019. In effort to conform the current social studies examination requirements for a high diploma under section 100.5 of the Commissioner’s regulations to reflect this shift and to provide some flexibility to districts during this transition period, the proposed amendment does the following:
• shifts the requirement for students to take and pass the new Regents Examination in Global History & Geography II examination for graduation (instead of the prior Regents examination in global history and geography) for an additional year- so that it applies to students first entering grade nine on or after September 2017; and
• provides districts with flexibility during the transition period to the new Social Studies Regents examination. For the June 2019, August 2019, January 2020 and June 2020 administrations of the social studies Regents examinations, the proposed amendment provides local school districts or schools with discretion to determine whether to accept a passing score on the Global History & Geography I Regents examination (with content ranging from approximately 1751 to the present) or the Global History & Geography Regents examination II, or either examination, for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations; in addition to accepting a passing score on the Regents examination in U.S history and government.
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.
(b) 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 and nonpublic schools that are authorized to issue regular high school diplomas with respect to State assessments and high school graduation and diploma requirements.
2. COMPLIANCE REQUIREMENTS:
The Office of State Assessment has been working closely with members of the Content Advisory Panel to develop the new Regents Examination in Global History and Geography II. This group has worked to develop claims, evidence and performance level indicators for the new assessment as well as suggested question format. Surveys detailing the suggested format of the new assessment and prototype test items have been issued to solicit feedback from educators. The Content Advisory Panel has taken a lead role in analyzing this feedback and working to incorporate educator input into the new assessment design.
In order to ensure a gradual transition to the new Social Studies frameworks, and to continue the extensive role played by NYS educators in the development of the new Social Studies Regents Exams, the Global History and Geography Exam administered in June 2018, August 2018, and January 2019 would be based on the existing test framework, but revised to measure content only from the second year of the course consistent with the delineation made in the new frameworks (i.e., content covering approximately 1751 to the present). The transition year will allow for educators to adjust their curriculum and instruction to a model in which the scope and sequence in the second year of the course culminates in the Regents Exam. A similar transition the following year would apply to the U.S. History & Government Exam. The new Regents Examination in Global History & Geography II would first be offered in June 2019 and the Regents Examination in United States History & Government (2014 Framework) would first be offered in June 2020. Not only will this transition year allow educators a more thoughtful and gradual shift to the new frameworks, but this will also provide time for additional educator involvement in the development of these Regents Examinations to ensure they measure the new Frameworks with quality and fidelity. Additionally, this will ensure an extended period for notice and time for students to be prepared to take the new Regents Examinations in Social Studies.
The Department expects to continue to engage and inform educators regarding the ongoing development process and will issue guidance regarding the transition from the current Regents Examinations in Social Studies to the new Regents Examinations in the coming months. This will include guidance on which instruction and assessments (current vs. new Framework) may be offered to students, based on their grade level during the applicable school year.
In an effort to conform the current diploma requirements to reflect the implementation of this transition year in 2017-18 and provide flexibility to school districts and students while the Department moves to the new Global History & Geography II Regents examination in 2018-19, the proposed amendment does the following:
• shifts the requirement for students to take and pass the new Regents Examination in Global History & Geography II for graduation (instead of the current Regents Examination in Global History Geography I) by one year to allow for the creation of a transition year - so that it applies to students first entering grade nine in September 2017 and thereafter; and
• provides local school districts or schools with the discretion to determine to accept a passing score on either the Global History & Geography I Regents examination (with content ranging from approximately 1751 to the present) or the Global History & Geography II Regents examination for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations during a period when both examinations (the current exam, but with content ranging from approximately 1751 to the present, and the new exam based on the new Social Studies Frameworks) are being administered (the June 2019, August 2019, January 2020 and June 2020 administrations).
3. PROFESSIONAL SERVICES:
The proposed rule does not impose any additional professional services requirements on local governments.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any additional costs on local governments.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements on local goverments. Economic feasibility is addressed in the Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement Regents policy relating to delaying the requirement for students to take and pass the new Regents Examination in Global History & Geography II examination for graduation. The proposed rule also provides flexibility for local governments during the transition period to the new Social Studies Regents examination.
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.
7. LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts and from 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 rule is necessary to implement long-range Regents policy providing for a transition to the new Regents Examination in Global History & Geography II. The first administration of the new Regents Examination in Global History & Geography II will be in June 2019m and provides flexibility to school districts through the June 2020 administration. Accordingly, there is no need for a shorter review period.
The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10 of the Notice of Emergency Adoption published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to each of the 689 public school districts in the State, charter schools, and registered nonpublic schools in the State, to the extent that they offer instruction in the high school grades, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The Office of State Assessment has been working closely with members of the Content Advisory Panel to develop the new Regents Examination in Global History and Geography II. This group has worked to develop claims, evidence and performance level indicators for the new assessment as well as suggested question format. Surveys detailing the suggested format of the new assessment and prototype test items have been issued to solicit feedback from educators. The Content Advisory Panel has taken a lead role in analyzing this feedback and working to incorporate educator input into the new assessment design.
In order to ensure a gradual transition to the new Social Studies frameworks, and to continue the extensive role played by NYS educators in the development of the new Social Studies Regents Exams, the Global History and Geography Exam administered in June 2018, August 2018, and January 2019 would be based on the existing test framework, but revised to measure content only from the second year of the course consistent with the delineation made in the new frameworks (i.e., content covering approximately 1751 to the present). The transition year will allow for educators to adjust their curriculum and instruction to a model in which the scope and sequence in the second year of the course culminates in the Regents Exam. A similar transition the following year would apply to the U.S. History & Government Exam. The new Regents Examination in Global History & Geography II would first be offered in June 2019 and the Regents Examination in United States History & Government (2014 Framework) would first be offered in June 2020. Not only will this transition year allow educators a more thoughtful and gradual shift to the new frameworks, but this will also provide time for additional educator involvement in the development of these Regents Examinations to ensure they measure the new Frameworks with quality and fidelity. Additionally, this will ensure an extended period for notice and time for students to be prepared to take the new Regents Examinations in Social Studies.
The Department expects to continue to engage and inform educators regarding the ongoing development process and will issue guidance regarding the transition from the current Regents Examinations in Social Studies to the new Regents Examinations in the coming months. This will include guidance on which instruction and assessments (current vs. new Framework) may be offered to students, based on their grade level during the applicable school year.
In an effort to conform the current diploma requirements to reflect the implementation of this transition year in 2017-18 and provide flexibility to school districts and students while the Department moves to the new Global History & Geography II Regents examination in 2018-19, the proposed amendment does the following:
• shifts the requirement for students to take and pass the new Regents Examination in Global History & Geography II for graduation (instead of the current Regents Examination in Global History Geography I) by one year to allow for the creation of a transition year - so that it applies to students first entering grade nine in September 2017 and thereafter; and
• provides local school districts or schools with the discretion to determine to accept a passing score on either the Global History & Geography I Regents examination (with content ranging from approximately 1751 to the present) or the Global History & Geography II Regents examination for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations during a period when both examinations (the current exam, but with content ranging from approximately 1751 to the present, and the new exam based on the new Social Studies Frameworks) are being administered (the June 2019, August 2019, January 2020 and June 2020 administrations).
3. COMPLIANCE COSTS:
The proposed amendment does not impose any additional costs on local governments.
4. MINIMIZING ADVERSE IMPACT:
Because the Regents policy upon which the proposed amendment is based applies to all public school districts in the State, charter schools, and registered nonpublic schools in the State, to the extent that they offer instruction in the high school grades, 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:
The proposed rule was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.
Job Impact Statement
In order to continue the extensive role played by NYS educators in the development of the new Social Studies Regents Exams, the first administrations of the new Regents Examination in Global History & Geography II will be shifted a year to allow for a transition year and will first be offered in June 2019. In effort to conform the current social studies examination requirements for a high diploma under section 100.5 of the Commissioner’s regulations to reflect this shift and to provide some flexibility to districts during this transition period, the proposed amendment does the following:
• shifts the requirement for students to take and pass the new Regents Examination in Global History & Geography II examination for graduation (instead of the prior Regents examination in global history and geography) for an additional year- so that it applies to students first entering grade nine on or after September 2017; and
• provides districts with flexibility during the transition period to the new Social Studies Regents examination. For the June 2019, August 2019, January 2020 and June 2020 administrations of the social studies Regents examinations, the proposed amendment provides local school districts or schools with discretion to determine whether to accept a passing score on the Global History & Geography I Regents examination (with content ranging from approximately 1751 to the present) or the Global History & Geography Regents examination II, or either examination, for the purpose of satisfying the general requirements for a diploma under section 100.5 of the Commissioner’s regulations; in addition to accepting a passing score on the Regents examination in U.S history and government.
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.
Assessment of Public Comment
The agency received no public comment since publication of the last assessment of public comment.
