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AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF
EDUCATION
Pursuant to Education Law sections 101, 207, 208, 209, 305, 308, 309
and 3204
Section 100.5 of the Regulations of the
Commissioner of Education is amended, effective July 26, 2005, as follows:
100.5 Diploma Requirements.
(a) General requirements for a Regents or a
local high school diploma. Except as provided in paragraph (d)(6) 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) Students first entering grade nine in the
2001-2002 school year, but prior to the [2005-2006] 2008-2009
school year, shall have earned at least 22 units of credit including two
credits in physical education to receive either a Regents or local high
school diploma. Students first entering grade nine in the [2005-2006]
2008-2009 school year and thereafter shall have earned at least 22
units of credit including two credits in physical education to receive a
Regents diploma. Such units of credit shall incorporate the commencement
level of the State learning standards in: English; social studies;
mathematics, science, technology; the arts (including visual arts, music,
dance and theatre); languages other than English; health, physical
education, family and consumer sciences; and career development and
occupational studies. Such units of credit shall include:
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) . . .
(4) . . .
(5) State assessment system. (i) Except as
otherwise provided in subparagraphs (ii), (iii) and (iv) of this
paragraph, all students shall demonstrate attainment of the New York State
learning standards:
(a) English:
(1) . . .
(2) for students who first enter grade nine in
[or after] September 1996 and [prior to September 2005] thereafter,
by passing the Regents comprehensive examination in English. For purposes
of a Regents endorsed diploma a score of 65 shall be considered passing.
For a local diploma a score of 55-64, as determined by the school, also
may be considered passing up through the 2007-2008 school year; or
(3) for students with disabilities who first
enter grade nine in or after September 1996 and prior to September 2010
and who fail the Regents comprehensive examination in English, the English
requirements for a local diploma may be met by passing the Regents
competency test in reading and the Regents competency test in writing or
their equivalents. For students with disabilities who first enter grade
nine in September 2005 and thereafter, the English requirements for a
local diploma may also be met by passing the Regents comprehensive
examination in English with a score of 55-64. This provision shall
apply only to students with disabilities who are entitled to attend school
pursuant to Education Law, section 3202 or 4402(5);
(4) . . .
(b) Mathematics:
(1) . . .
(2) for students who first enter grade nine in
[or after] September 1997 and [prior to September 2005] thereafter,
by passing a Regents examination in mathematics. For purposes of a Regents
endorsed diploma a score of 65 shall be considered passing. For a local
diploma a score of 55-64, as determined by the school, also may be
considered passing up through the 2007-2008 school year; or
(3) for students with disabilities who first
enter grade nine in or after September 1997 and prior to September 2010
and who fail a Regents examination in mathematics, the mathematics
requirements for a local diploma may be met by passing the Regents
competency test in mathematics or its equivalent. For students with
disabilities who first enter grade nine in September 2005 and thereafter,
the mathematics requirements for a local diploma may also be met by
passing the Regents examination in mathematics with a score of 55-64.
This provision shall apply only to students with disabilities who are
entitled to attend school pursuant to Education Law, section 3202 or
4402(5);
(4) . . .
(c) United States history and government:
(1) . . .
(2) for students who first enter grade nine in
[or after] September 1998 and [prior to September 2005] thereafter,
by passing the Regents examination in United States history and
government. For purposes of a Regents endorsed diploma, a score of 65
shall be considered passing. For a local diploma a score of 55-64, as
determined by the school, also may be considered passing up through the
2007-2008 school year; or
(3) for students with disabilities who first
enter grade nine in or after September 1998 and prior to September 2010
and who fail the Regents examination in United States history and
government, the United States history and government requirements for a
local diploma may be met by passing the Regents competency test in United
States history and government. For students with disabilities who first
enter grade nine in September 2005 and thereafter, the United States
history and government requirements for a local diploma may also be met by
passing the Regents examination in United States history and government
with a score of 55-64. This provision shall apply only to students
with disabilities who are entitled to attend school pursuant to Education
Law, section 3202 or 4402(5);
(4) . . .
(d) Science:
(1) . . .
(2) for students who first enter grade nine in
[or after] September 1999 and [prior to September 2005] thereafter,
by passing a Regents examination in science. For purposes of a Regents
endorsed diploma a score of 65 shall be considered passing. For a local
diploma a score of 55-64, as determined by the school, also may be
considered passing up through the 2007-2008 school year; or
(3) for students with disabilities who first
enter grade nine in or after September 1999 and prior to September 2010
and who fail a Regents examination in science, the science requirements
for a local diploma may be met by passing the Regents competency test in
science. For students with disabilities who first enter grade nine in
or after September 2005 and thereafter, the science requirements for a
local diploma may also be met by passing a Regents examination in science
with a score of 55-64. This provision shall apply only to students
with disabilities who are entitled to attend school pursuant to Education
Law, section 3202 or 4402(5);
(4) . . .
(e) Global history and geography:
(1) . . .
(2) for students who first enter grade nine in
[or after] September 1998 and [prior to September 2005] thereafter,
by passing the Regents examination in global studies. For purposes of a
Regents endorsed diploma, a score of 65 shall be considered passing. For a
local diploma a score of 55-64, as determined by the school, also may be
considered passing up through the 2007-2008 school year; or
(3) for students with disabilities who first
enter grade nine in or after September 1998 and prior to September 2010
and who fail the Regents examination in global history and geography, the
global history and geography requirements for a local diploma may be met
by passing the Regents competency test in global studies. For students
with disabilities who first enter grade nine in or after September 2005
and thereafter, the global history and geography requirements for a local
diploma may also be met by passing the Regents examination in global
history and geography with a score of 55-64. This provision shall
apply only to students with disabilities who are entitled to attend school
pursuant to Education Law, section 3202 or 4402(5);
(4) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(6) . . .
(7) . . .
(8) . . .
(b) Additional requirements for the Regents
diploma. Except as provided in paragraph (d)(6) of this section, the
following additional requirements shall apply for a Regents diploma.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(7) Types of diplomas. (i) Except as provided
in subparagraphs (vi), [and] (vii) and (viii) of this
paragraph, for students first entering grade nine in the 2001-2002 school
year and thereafter, there shall be no diplomas or certificates other than
the following:
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(e) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) For students with disabilities who first
enter grade nine in or after September 2001 and prior to September 2010
and who fail required Regents examinations for graduation but pass Regents
Competency Tests in those subjects, as provided for in paragraph (a)(5) of
this section, a local diploma may be issued by the local school district.
For students with disabilities who first enter grade nine in September
2005 and thereafter, a score by such student of 55-64 may be considered as
a passing score on any Regents examination required for graduation, and in
such event and subject to the requirements of paragraph (c)(6) of this
section, the school may issue a local diploma to such student. This
provision shall apply only to students with disabilities who are entitled
to attend school pursuant to Education Law, section 3202 or 4402(5).
(vii) . . .
(viii) For students who first enter grade nine
in or after September 2005 and prior to September 2008, a score by a
student of 55-64, as determined by the school, may be considered as a
passing score on any Regents examination required for graduation and, in
such event and subject to the requirements of paragraph (c)(6) of this
section, the school may issue a local diploma to such student.
(ix) Students who first enter grade nine in
September 2008, and thereafter, must attain a score of 65 or above on all
required Regents examinations in order to earn a Regents diploma or a
Regents diploma with advanced designation.
(c) Additional requirements for the local
diploma. Except as provided in paragraph (d)(6) of this section, the
following additional requirements shall apply for a local diploma.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) In order to obtain a local diploma,
students who first enter grade nine in September 2005, 2006 and 2007 must
attain the following scores on the five required Regents examinations as
set forth in section 100.5(a)(5)(i)(a) through (e) of this Part:
(i) Students who first enter grade nine in
September 2005 must attain a score of 65 or above on two of the five
required Regents examinations and a score of 55 or above on the remaining
three required Regents examinations;
(ii) Students who first enter grade nine in
September 2006 must attain a score of 65 or above on three of the five
required Regents examinations and a score of 55 or above on the remaining
two required Regents examinations; and
(iii) Students who first enter grade nine in
September 2007 must attain a score of 65 or above on four of the five
required Regents examinations and a score of 55 or above on the one
remaining required Regents examination.
(iv) Notwithstanding the provisions of
subparagraphs (i) through (iii) of this paragraph, school districts may
accelerate the schedule of the required 65 or above scores on Regents
examinations for students entering grade nine in September 2005, 2006 and
2007, in accordance with policy established by their boards of education.
(d) Alternatives to specific Regents and local
diploma requirements.
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(7) Appeals process on Regents examinations
passing score to meet Regents diploma requirements.
(i) School districts shall provide unlimited
opportunities for all students to retake required Regents examinations to
improve their scores. A student who first enters grade nine in September
2005 or thereafter and who fails, after at least two attempts, to attain a
score of 65 or above on a required Regents examination for graduation
shall be given an opportunity to appeal such score in accordance with the
provisions of this paragraph, provided that no student may appeal his or
her score on more than two of the five required Regents examinations and
provided further that the student:
(a) has scored within three points of the 65
passing score on the required Regents examination under appeal and has
attained at least a 65 course average in the subject area of the Regents
examination under appeal;
(b) provides evidence that he or she has
received academic intervention services by the school in the subject area
of the Regents examination under appeal;
(c) has an attendance rate of at least 95
percent for the school year during which the student last took the
required Regents examination under appeal;
(d) has attained a course average in the
subject area of the Regents examination under appeal that meets or exceeds
the required passing grade by the school and is recorded on the student’s
official transcript with grades achieved by the student in each quarter of
the school year; and
(e) is recommended for an exemption to the
passing score on the required Regents examination under appeal by his or
her teacher or Department chairperson in the subject area of such
examination.
(ii) An appeal may be initiated by the student,
the student’s parent or guardian, or the student’s teacher, and shall be
submitted in a form prescribed by the commissioner to the student's school
principal.
(iii) The school principal shall chair a
standing committee comprised of three teachers (not to include the
student's teacher in the subject area of the Regents examination under
appeal) and two school administrators (one of whom shall be the school
principal). The standing committee shall review an appeal within ten
school days of its receipt and make a recommendation to the school
superintendent or, in the City School District of the City of New York, to
the Chancellor of the City School District or his/her designee, to accept
or deny the appeal. The standing committee may interview the teacher or
Department chairperson who recommended the appeal, and may also interview
the student making the appeal to determine that he or she has demonstrated
the knowledge and skills required under the State learning standards in
the subject area in question.
(iv) The school superintendent or, in the
City School District of the City of New York, the Chancellor of the City
School District or his/her designee, shall make a final
determination to accept or deny the appeal. The school superintendent or
Chancellor or Chancellor's designee may interview the student making the
appeal to determine that the student has demonstrated the knowledge and
skills required under the State learning standards in the subject area in
question.
(v) A student whose appeal is accepted for
one required Regents examination , and who has attained a passing score of
65 or above on each of the four remaining required Regents examinations,
shall earn a Regents diploma. A student whose appeal is accepted for two
required Regents examinations, and who has attained a passing score of 65
or above on each of the three remaining required Regents examinations,
shall earn a local diploma.
(vi) Each school shall keep a record of all
appeals received and granted and report this information to the State
Education Department on a form prescribed by the commissioner. All school
records relating to appeals of scores on required Regents examinations
shall be made available for inspection by the State Education Department.
(e) . . .
(f) . . .
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