100.5 Diploma requirements.

(c) Additional requirements for the local diploma.  Except as provided in paragraph 6 of subdivision (d) of this section, the following additional requirements shall apply for a local diploma.

(1) Students entering grade nine in the 2000-2001 school year or before may earn a local diploma. In order to obtain a local diploma, students first entering grade nine in 1984 or before, shall successfully complete a sequence of three units of credit in one of the following areas: science, mathematics, a language other than English, music, art or career and technical education subjects. Such units of credit shall be included in the sixteen units of credit required pursuant to paragraph (a)(1) of this section.

(2) In order to obtain a local diploma, students first entering grade nine in 1985 and thereafter through the 2000-2001 school year shall successfully complete:

(i) a sequence of three units of credit in each of two career and technical education subjects, or in each of two languages other than English, or in each of two of the following areas: mathematics, science, a language other than English, career and technical education, art or music, provided that, for students first entering grade nine in 1988 and thereafter through 2000, three-unit sequences in each of two career and technical education subjects may not be used to meet the requirements of this clause and each three-unit sequence in career and technical education shall meet the requirements of section 100.2(h)(3) of this Part; or

(ii) a sequence of three units of credit in mathematics, science, a language other than English, a career and technical education subject, art or music, and a sequence of five units of credit in either English or social studies, provided that, for students first entering grade nine in 1988 and thereafter through the 2000-2001 school year, each three-unit sequence in career and technical education shall meet the requirements of section 100.2(h)(3) of this Part; or

(iii) a sequence of five units of credit in mathematics, science, a language other than English, a career and technical education subject, art or music, provided that for students first entering grade nine in 1988 and thereafter through the 2000-2001 school year, such a sequence of five units of credit in a career and technical education subject shall meet the requirements of section 100.2(h)(4) of this Part.

(3) Any three or five units of credit sequence in a language other than English shall consist of courses in a single language.

(4) Units of credit received by a student pursuant to paragraph (2) of this subdivision shall be included in the eighteen and one-half units of credit required pursuant to paragraph (a)(2) of this section, provided that a sequence in career and technical education may be applied towards a local diploma if such sequence has been approved by the department.

(5) In order to obtain a local diploma, students first entering grade nine in 1987 and thereafter through 2000, and taking an approved career and technical education sequence, shall pass the appropriate career and technical education proficiency examinations, where available, as defined in section 100.1(k) of this Part.

(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.

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(d) Alternatives to specific Regents and local diploma requirements.

(1) Credit by examination. A student may earn a maximum of six and one-half units of credit for either a Regents or local diploma without completing units of study for such units of credit if:

(i) based on the student's past academic performance, the superintendent of a school district or the chief administrative officer of a registered nonpublic high school, or his or her designee, determines that the student will benefit academically by exercising this alternative;

(ii) The student achieves a score of at least 85 percent, or its equivalent as determined by the commissioner, on a State-developed or State-approved assessment pursuant to section 100.2(f) of this Part;

(iii) the student passes an oral examination or successfully completes a special project to demonstrate proficiency, in such knowledge, skills and abilities normally developed in the course but not measured by the relevant Regents examination or State-approved examination if used, as determined by the principal; and

(iv) The student attends school, or received substantially equivalent instruction elsewhere, in accordance with section 3204(2) of the Education Law, until the age of sixteen, pursuant to sections 3204 and 3205 of the Education Law.

(v) Calculation of units of credit based upon credit by examination.

(a) A student who earns a score of at least 85 on a Regents examination in mathematics and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

(b) A student who earns a score of at least 85 on a Regents examination in science and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

(c) A student who earns a score of at least 85 on a State-developed or State-approved assessment in career and technical education and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

(d) A student who earns a score of at least 85 on a Regents examination in United States history and government and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

(e) A student who earns a score of at least 85 on a Regents examination in global history and geography and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

(f) A student who earns a score of at least 85 on the Regents comprehensive examination in English and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

(g) A student who earns a score of at least 85 on the State second language proficiency examination in accordance with 100.2(d)(3) and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

(h) A student who earns a score of at least 85 on the comprehensive second language Regents examination and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive three units of credit.

(i) A student who earns a score of at least 85 on a State-developed or State-approved assessment in the arts (visual arts, music, dance and theatre) and meets the requirements of subparagraphs (i), (iii) and (iv) of paragraph (1) of this subdivision shall receive one unit of credit.

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(2) Visual arts and/or music, dance, or theatre.

(i) A student may obtain the unit of credit in art and/or music required pursuant to subparagraph (a)(2)(v) of this section or the unit of credit in visual arts and/or music, dance or theatre required pursuant to subparagraph (a)(3)(v) of this section in the following manner:

(a) by participating in a school's major performing groups such as band, chorus, dance group or theatre group; or

(b) by participating, only in exceptional situations, in an advanced out-of-school art or music activity. Credit for such participation shall be upon recommendation by the student's visual arts, music, dance, or theatre teacher, shall be approved by the visual arts, music, dance, or theatre department chairperson, if there is one, and by the school principal, and shall be consistent with the goals and objectives of the school's visual arts, music, dance, and/or theatre program.

(ii) A student may receive a unit of credit for participation in such activities if such participation is equivalent to a unit of study, or a student may receive one-half unit of credit for such activity equivalent to one-half unit of study.

(3) Occupationally related mathematics and science.

(i) Regents diploma. Students first entering grade nine in 1984 and thereafter through the 2000-2001 school year may use one unit of credit earned in an occupationally related science or mathematics course, a Regents science or a Regents mathematics course, both towards meeting the science or mathematics requirement for a Regents diploma and towards an approved sequence in career and technical education, only if such courses are approved by the commissioner for such purpose. For occupationally related science and mathematics courses, such approval shall be granted only upon the submission of evidence that such courses are equivalent to Regents courses in science and mathematics. However, the unit of credit earned for such a course shall count as only one unit of credit towards the units of credit required for a Regents diploma.
(ii) Local diploma. Students first entering grade nine in 1984 and thereafter through the 2000-2001 school year may use one unit of credit earned in the occupationally related mathematics course or the business mathematics course, and/or one unit of credit earned in the occupationally related science course towards meeting the mathematics and/or science requirements or sequence requirements in mathematics or science for a local diploma, provided that such courses shall be taught in accordance with the appropriate State-developed learning standards.

(4) Scores obtained on alternative examinations as designated by the commissioner, pursuant to section 100.2(p) of this Part may be used in lieu of the corresponding Regents examination requirements for a high school diploma, required pursuant to paragraphs (a)(1)-(2) and subdivision (b) of this section, and to satisfy the requirements of the Regents competency testing program set forth in paragraph (a)(4) of this section.

(5) Transfer credit. Transfer credit is awarded for work done outside the registered New York State high school awarding the credit.

(i) The principal shall evaluate the transcript or other records of a transfer student enrolling in a New York State high school. Based on the student's transcript or other records, the principal shall award the appropriate units of transfer credit towards a high school diploma.

(a) The principal shall grant transfer credit for all credit awarded by any New York State registered public or nonpublic high schools.

(b) The principal, after consultation with relevant faculty, may award transfer credit for work done at other educational and cultural institutions and for work done through independent study. The decision as to whether or not to award transfer credit for work done at educational institutions other than New York State registered high schools shall be based on whether the record indicates that the work is consistent with New York State commencement learning standards and is of comparable scope and quality to that which would have been done in the school awarding the credit.

(ii) A student transferring between high schools in grade eleven or twelve may be exempt from the second language requirements of three units of credit in one second language, for a Regents diploma with advanced designation, as set forth in paragraph (3) and clause (5)(ii)(b) of subdivision (b) of this section, if the language in which the student began a second language sequence in grade nine or ten is not offered in the school to which the student has transferred. In such cases, the student shall complete three units of credit in second languages but not necessarily in a single language.

(iii)  (a) Students who enter a registered New York State high school for the first time in grade eleven in the 2000-2001 school year but prior to the 2002-2003 school year, other than those students who have received home instruction pursuant to section 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a local high school diploma must pass the Regents comprehensive examination in English, a Regents examination in mathematics, a Regents examination in United States history and government, and a Regents examination in science, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry.

(b) Students who enter a registered New York State high school for the first time in grade eleven in the 2002-2003 school year and thereafter, other than those students who have received home instruction pursuant to 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a high school diploma must pass the Regents Comprehensive Examination in English, a Regents examination in mathematics, a Regents examination in United States history and government, and a Regents examination in science, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry.

(iv)  (a) Students who enter a registered New York State high school for the first time in grade twelve in the 2002-2003 school year but prior to the 2004-2005 school year, other than those students who have received home instruction pursuant to section 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a local high school diploma must pass the Regents Comprehensive Examination in English, a Regents examination in mathematics, and a Regents examination in United States history and government, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in science and the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry.

(b) Students who enter a registered New York State high school for the first time in grade twelve in the 2004-2005 school year and thereafter, other than those students who have received home instruction pursuant to section 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a high school diploma must pass the Regents Comprehensive Examination in English, a Regents examination in mathematics, and a Regents examination in United States history and government, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in science and the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry.

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(v) Transfer students who are exempted from taking specific State assessments shall have their transcript and permanent records so annotated.

(6) Career and technical education program option.

(i) Definitions. For purposes of this paragraph:

(a) An integrated career and technical education course shall mean a course that combines career and technical education and academic commencement level learning standards and may be jointly developed and taught by an academic subject teacher and/or a career and technical education teacher. Successful completion of one unit of study in an integrated career and technical education course may be awarded only one unit of credit but may be used to meet the distribution requirements in more than one subject. For students who have not successfully completed the Regents examination(s) in the academic subject areas, the course(s) must be taught by a teacher certified in that subject;

(b) A technical assessment is an industry-developed assessment consisting of written examination(s), student project(s) and student demonstration(s) of technical skills to measure proficiency in a specific technical field through the application of national standards in such technical field. If no assessment exists in a particular technical field, a school district and/or board of cooperative educational services may form a consortium to solicit local, regional or national businesses or related professional organizations to create an assessment.

(ii) Students who first enter grade nine in the 2001-2002 school year or thereafter may meet the commencement level New York State learning standards and earn either a Regents diploma or a Regents diploma with advanced designation, or such diploma with a technical endorsement, by completing an approved career and technical education program pursuant to the requirements of this subparagraph.

(a) In order to be eligible to receive a Regents diploma or Regents diploma with advanced designation, students shall successfully complete:

(1) five Regents assessments as described in subparagraph (5) of subdivision (a) of this section, or approved alternatives pursuant to section subdivision (f) of section 100.2 of this Title; and

(2) twenty-two units of credit pursuant to paragraph (3) of subdivision (a) of this section, provided that one unit each of required credit in English, science, and mathematics, and the combined unit of economics and government, may be fulfilled through:

(i) specialized courses as defined in section 100.5(b)(7)(iv) of this Part;

(ii) integrated career and technical education courses; or

(iii) a combination of specialized and integrated career and technical education courses.

(b) In order to be eligible to receive such diploma with a technical endorsement, students participating in an approved program shall successfully complete:

(1) the requirements set forth in clause (a) of this subparagraph; and

(2) a technical assessment.

(iii) Beginning with the 2001-2002 school year and thereafter, students who first entered grade nine in the 2000-2001 school year or before and who have not yet received a Regents diploma, Regents diploma with advanced designation, or local diploma may earn such diploma, or such diploma with a technical endorsement, pursuant to the requirements of this subparagraph.

(a) In order to be eligible to receive a Regents diploma, Regents diploma with advanced designation or local diploma, students participating in an approved career and technical education program shall successfully complete the required units of credit pursuant to paragraph (1) or (2), as applicable, of subdivision (a) of this section, provided that one unit each of required credit in English, science, and mathematics, and the combined unit of economics and government, may be fulfilled through:

(1) specialized courses as defined in section 100.5(b)(7)(iv) of this Part;

(2) integrated career and technical education courses; or

(3) a combination of specialized and integrated career and technical education courses.

(b) In order to be eligible to receive such diploma with a technical endorsement, students participating in an approved program must successfully complete:

(1) the requirements set forth in clause (a) of this subparagraph; and

(2) a technical assessment.

(iv) Approval of career and technical education programs.

(a) Each board of education or board of cooperative educational services shall approve its career and technical education program and submit a program application to the Commissioner for approval, that shall include:

(1) a list of specialized courses as defined in section 100.5(b)(7)(iv) of this Title, integrated career and technical education courses or combination of such specialized and integrated courses and a certification providing assurance that such courses will be available to students upon approval of the application by the Department;

(2) a certification that the board of education or board of cooperative educational services has conducted a self-study involving faculty and staff to ensure that the following elements of a career and technical education program will be available to implement an approved program:

(i) a technical and academic curriculum that achieves the commencement level of the appropriate New York State learning standards for all courses in the career and technical education program, including integrated and/or specialized English, mathematics, science, economics and government, and faculty with State certification in appropriate academic and/or technical subjects;

(ii) identification of the technical assessment to be used for each career and technical education program area;

(iii) identification of any postsecondary articulation agreements;

(iv) identification of work-based learning experiences for students;

(v) a work skills employability profile to document student attainment of technical knowledge, work-related skills, endorsements and licenses; and

(vi) an assurance that data on student progress and performance will be made available to evaluate success on Regents examinations or approved alternatives, technical assessments, and placement in employment, the military or postsecondary education programs;

(3) a certification that the board of education or board of cooperative educational services has formed a committee that shall include local, State and/or regional experts composed of, but not limited to, educators, labor, business and industry, and other community representatives, and members of component boards of education of the applicant board of cooperative educational services, to review the self-study and the career and technical education program, identify any gaps in meeting the State criteria and local needs and recommend strategies to address these gaps.

(b) A career and technical education program that meets the requirements of this paragraph may be approved by the Commissioner for a period of five years, provided that a board of education and/or board of cooperative educational services may reapply thereafter, in a format and by a date prescribed by the Commissioner, for program approval for additional five-year periods.

(7) Appeals process on Regents examinations passing score to meet Regents diploma requirements.

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(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.

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(e) Accelerated graduation. Notwithstanding any other provisions of this section, students seeking to complete the diploma requirements prescribed by this section in less than four years shall be subject to the diploma requirements applicable to a student who first entered grade nine four years prior to the school year in which the diploma is to be awarded, provided that a student graduating at the end of the fall semester shall be subject to the graduation requirements in effect for the preceding school year. The diploma shall be awarded at the end of the semester in which all requirements are completed. Diplomas shall not be awarded in anticipation that requirements will be met.

(f) Students studying abroad. (1) For students pursuing a local diploma and spending a period of time studying in another country, the principal shall evaluate the course work and assign the appropriate units of credit towards a local diploma. A student shall complete all required Regents competency tests, even if such tests would normally be taken during the period of time when the student was studying in another country, provided that the student may take such Regents competency tests upon return to the home school.

(2) For students pursuing a Regents diploma and spending a period of time studying in another country, the principal shall evaluate the course work and assign the appropriate units of credit towards a Regents diploma only after such student has passed the required Regents examinations upon return to his or her home school. Appropriate units of credit may be assigned towards the fulfillment of the requirements for a Regents diploma, for courses where no Regents examination exists.

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