EDU-39-16-00033-EP Assessments for the New York State Career Development and Occupational Studies (CDOS) Commencement Credential  

  • 9/28/16 N.Y. St. Reg. EDU-39-16-00033-EP
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 39
    September 28, 2016
    RULE MAKING ACTIVITIES
    EDUCATION DEPARTMENT
    EMERGENCY/PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. EDU-39-16-00033-EP
    Filing No. 862
    Filing Date. Sept. 13, 2016
    Effective Date. Sept. 13, 2016
    Assessments for the New York State Career Development and Occupational Studies (CDOS) Commencement Credential
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Proposed Action:
    Amendment of section 100.6(b)(4) of Title 8 NYCRR.
    Statutory authority:
    Education Law, sections 101(not subdivided), 207(not subdivided), 208(not subdivided), 209(not subdivided), 305(1), (2), 308(not subdivided) and 309(not subdivided)
    Finding of necessity for emergency rule:
    Preservation of general welfare.
    Specific reasons underlying the finding of necessity:
    The proposed amendment is necessary to implement Regents policy to require that, on or after April 3, 2017, any work-readiness assessments used to meet the requirements for the New York State Career Development and Occupational Studies (CDOS) Commencement Credential shall be approved by the Commissioner and meet certain criteria and conditions prescribed by the Commissioner in regulations.
    Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register on September 28, 2016 and expiration of the 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), is the December 12-13, 2016 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the December meeting, would be December 28, 2016, the date a Notice of Adoption would be published in the State Register.
    Emergency action is therefore necessary for the preservation of the general welfare in order to ensure that there is sufficient time for the Commissioner to approve work-readiness assessments pursuant to the criteria outlined in the proposed amendment so that affected students know which work-readiness assessments have been approved by the Commissioner so they can earn a NYS CDOS Commencement Credential on or after April 3, 2017.
    It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the December 2016 Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 45-day public comment period prescribed by the State Administrative Procedure Act for State agency rule makings.
    Subject:
    Assessments for the New York State Career Development and Occupational Studies (CDOS) Commencement Credential.
    Purpose:
    Establish conditions and procedures for approval of work-readiness assessments for the CDOS credential.
    Text of emergency/proposed rule:
    1. Paragraph (4) of subdivision (b) of section 100.6 of the Regulations of the Commissioner of Education is amended, effective September 13, 2016, as follows:
    (4)(i) Notwithstanding the provisions of paragraph (3) of this subdivision, a board of education or trustees of the school district, or the governing body of the nonpublic school, may award the career development and occupational studies commencement credential prior to April 3, 2017 to a student who has met the requirements for a nationally-recognized work-readiness credential, including but not limited to SkillsUSA Work Force Ready Employability Assessment, the National Work Readiness Credential, the National Career Readiness Certificate – (ACT) WorkKeys and the Comprehensive Adult Student Assessment Systems Workforce Skills Certification System.
    (ii) On or after April 3, 2017, a board of education or trustees of the school district, or the governing body of the nonpublic school, may award the career development and occupational studies commencement credential to a student who has received a satisfactory passing score on any work-readiness assessment approved by the commissioner pursuant to this subparagraph.
    (a) Approval of work-readiness assessments by the commissioner. Each work work-readiness assessment approved by the commissioner shall meet the following criteria, in addition to any criteria set forth in any request for qualifications process:
    (1) measure universal foundation knowledge, skills and abilities necessary for entry-level employment across multiple industries and occupations and the assessment shall be reviewed at least every five years and be updated accordingly;
    (2) be designed in consultation with workforce experts, such as, but not limited to, employers, national business organizations, or federal or State labor agencies;
    (3) be consistent with technical criteria for validity, reliability, and fairness in testing;
    (4) be developed by an entity other than a local school or school district;
    (5) be available for use by any school or school district in New York State; and
    (6) be administered in accordance with assessment security conditions, directions and procedures established by the Commissioner.
    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 December 11, 2016.
    Text of rule and any required statements and analyses may be obtained from:
    Kirti Goswami, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
    Data, views or arguments may be submitted to:
    Angelica Infante-Green, Deputy Commissioner for P-12 Instructional Support, State Education Department, EBA 875, 89 Washington Ave., Albany, NY 12234, (518) 474-5915, email: NYSEDP12@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
    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 Regents and the Commissioner to adopt rules and regulations to carry out State laws 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 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 execute all educational policies determined by the Regents.
    Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
    Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.
    LEGISLATIVE OBJECTIVES:
    The proposed amendment is consistent with the above statutory authority and is necessary to implement policy enacted by the Regents to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the New York State (NYS) Career Development and Occupational Studies (CDOS) Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved.
    NEEDS AND BENEFITS:
    The NYS CDOS Commencement Credential is a credential recognized by the Board of Regents that certifies a student has the standards-based knowledge and skills necessary for entry-level employment. The requirements to earn the credential were developed consistent with research and the guiding principles established by the Regents. The requirements are rigorous in that the student must successfully complete additional courses of study and hours in work-based learning, demonstrate competency at the commencement level of the CDOS learning standards, participate in career planning and preparation and have an employability profile showing readiness for entry-level employment. There are two options available for students to earn the credential. Option 1 - Students must meet each of the following: development of a Career Plan; demonstrated achievement of the commencement level CDOS learning standards 1, 2 and 3a; successful completion of at least 216 hours of CTE coursework and/or work-based learning experiences (of which at least 54 hours must be in work-based learning experiences); and have a completed employability profile. Option 2 - In lieu of a student meeting the requirements of Option 1 to be awarded the NYS CDOS Commencement Credential, a district may award a student this credential if the student has met the requirements for one of the nationally recognized rigorous work readiness credentials, including but not limited to: National Work Readiness Credential; SkillsUSA Work Force Ready Employability Assessment; National Career Readiness Certificate WorkKeys - (ACT); and Comprehensive Adult Student Assessment Systems Workforce Skills Certification System.
    In order to ensure that the assessments taken under Option 2 to earn the CDOS Commencement Credential measure universal foundation skills necessary for entry-level employment, are of sufficient rigor, meet requirements for validity and reliability, and are available to all NYS students, the proposed regulations require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. The Department will be working to identify which work-readiness assessments meet the criteria established in regulations for use in the 2016-17 school year.
    Section 100.6(b)(4), as amended, provides that, effective April 3, 2017, any assessment of work-readiness used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establishes the conditions and criteria by which such assessments may be approved.
    COSTS:
    (a) Costs to State government: none.
    (b) Costs to local government: none.
    (c) Costs to private regulated parties: none.
    (d) Costs to regulating agency for implementation and continued administration of this rule: none.
    The proposed amendment does not impose any additional costs on the State, school districts, charter schools, registered nonpublic schools or the State Education Department. The amendment implements Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. There are many NYS school districts and Boards of Cooperative Educational Services (BOCES) that already provide students with opportunities to earn take work-readiness assessments to earn the CDOS Commencement Credential.
    LOCAL GOVERNMENT MANDATES:
    The proposed amendment does not impose any additional program, service, duty or responsibility upon school districts beyond those imposed by federal and State statutes and regulations. The proposed amendment merely implements Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by hich such assessments may be approved.
    PAPERWORK:
    The proposed amendment does not impose any specific additional recordkeeping, reporting or other paperwork requirements.
    DUPLICATION:
    The proposed amendment does not duplicate existing State or Federal requirements.
    ALTERNATIVES:
    There were no significant alternatives to the rule and none were considered.
    FEDERAL STANDARDS:
    There are no applicable Federal standards.
    COMPLIANCE SCHEDULE:
    It is anticipated that regulated parties will be able to achieve compliance with the proposed amendment by its effective date.
    Regulatory Flexibility Analysis
    Small Businesses:
    The proposed amendment is necessary to implement Regents policy to establish is necessary to implement policy enacted by the Regents to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the New York State (NYS) Career Development and Occupational Studies (CDOS) Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved.
    The proposed amendment relates to State learning standards, State assessments, credential and diploma requirements and higher levels of student achievement, and does not impose any adverse economic impact, reporting, record keeping or 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 steps 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:
    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 to the extent that they offer instruction in the high school grades.
    COMPLIANCE REQUIREMENTS:
    The proposed amendment does not impose any additional compliance requirements on school districts, charter schools or registered nonpublic schools high schools. The amendment implements Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. It would not change existing requirements that allow a student to take an assessment of work-readiness to earn a NYS CDOS Commencement Credential pursuant to section 100.6(b) of the Commissioner’s Regulations.
    Section 100.6(b)(4), as amended, provides that effective April 3, 2017, any assessment of work-readiness used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establishes the conditions and criteria by which such assessments may be approved.
    PROFESSIONAL SERVICES:
    The proposed amendment does not impose any additional professional service requirements.
    COMPLIANCE COSTS:
    The proposed amendment does not impose any additional costs on school districts or charter schools. The amendment implements Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. There are many NYS school districts and Boards of Cooperative Educational Services (BOCES) that already provide students with opportunities to earn take work-readiness assessments to earn the CDOS Commencement Credential.
    ECONOMIC AND TECHNOLOGICAL FEASIBILTY:
    The proposed amendment does not impose any additional technological requirements on school districts, charter schools or registered nonpublic schools high schools. Economic feasibility is addressed above under compliance costs.
    MINIMIZING ADVERSE IMPACT:
    The proposed amendment does not impose any additional compliance requirements or significant costs and therefore would have no adverse impact on the regulated parties. The amendment implements Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. It would not change existing requirements that allow a student to take an assessment of work-readiness to earn a NYS CDOS Commencement Credential pursuant to section 100.6(b) of the Commissioner’s Regulations.
    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.
    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, credential and diploma requirements and higher levels of student achievement. 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 Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
    Rural Area Flexibility Analysis
    1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
    The proposed amendment applies to each of the 689 public school districts in the State, 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. At present, there is one charter school located in a rural area that is authorized to issue Regents diplomas.
    2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
    The proposed amendment does not impose any additional compliance requirements or professional services requirements on entities that are located in rural areas. The proposed amendment implements Regents policy to require that, April 3, 2017, work-readiness assessments used to meet the requirements for the New York State (NYS) Career Development and Occupational Studies (CDOS) Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. It would not change existing requirements that allow a student to take an assessment of work-readiness to earn a NYS CDOS Commencement Credential pursuant to section 100.6(b) of the Commissioner’s Regulations.
    Section 100.6(b)(4), as amended, provides that effective April 3, 2017, any assessment of work-readiness used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establishes the conditions and criteria by which such assessments may be approved.
    3. COMPLIANCE COSTS:
    The proposed amendment will not impose any significant costs on schools located in rural areas. The proposed amendment implements Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. There are many NYS school districts and Boards of Cooperative Educational Services (BOCES) that already provide students with opportunities to earn take work-readiness assessments to earn the CDOS Commencement Credential.
    4. MINIMIZING ADVERSE IMPACT:
    The proposed amendment does not impose any additional compliance requirements or significant costs and therefore would have no adverse impact on the regulated parties. The amendment implements Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. It would not change existing requirements that allow a student to take an assessment of work-readiness to earn a NYS CDOS Commencement Credential pursuant to section 100.6(b) of the Commissioner’s Regulations.
    Because the Regents policy upon which the proposed amendment is based applies to all school districts in the State and to charter schools and registered nonpublic high schools, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt schools in rural areas from coverage by the proposed amendment.
    5. RURAL AREA PARTICIPATION:
    Comments on the proposed rule 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 relating to State learning standards, State assessments, credential and diploma requirements and higher levels of student achievement. 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 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 Regents policy to require that, effective April 3, 2017, work-readiness assessments used to meet the requirements for the New York State Career Development and Occupational Studies Commencement Credential must be approved by the Commissioner and establish conditions and criteria by which such assessments may be approved.
    The proposed amendment will not have a substantial adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have no impact, or a positive impact, on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.

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