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AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Proposed Amendment of Section 100.5 of the Regulations of the Commissioner of Education Relating to Diploma and Graduation Requirements. The following proposed amendment will align regulations with the policy adopted by the Board of Regents in June 2005 that phases in the 65 passing score on required Regents examinations and establishes an appeals process for students who score within three points of 65 on a required Regents exam for graduation, have a 65 or above course average, and meet other criteria that demonstrates they have achieved the State learning standards. The proposed amendment also establishes a permanent low-pass option for all students with disabilities to earn a local diploma if they score 55-64 on the five required Regents exams. The proposed amendment will be presented at the July 21, 2005 meeting of the Regents for adoption as an emergency measure, effective July 26, 2005, in order to ensure students who enter grade 9 in September 2005 are informed of the revised graduation requirements and to ensure schools and students are able to make necessary adjustments in student schedules to ensure their timely graduation pursuant to such requirements. A Notice of Emergency Adoption and Proposed Rule Making will be published in the State Register no later than August 10, 2005 and the proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at the September 8-9 Regents meeting, effective October 26, 2005. Any comments regarding the proposed amendment may be submitted to James A. Kadamus, Deputy Commissioner for Elementary, Middle, Secondary and Continuing Education, State Education Department, 89 Washington Avenue, Room 875 EBA, Albany, NY 12234.

100.5 Proposed Amendment