As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2024, which is no later than the 3rd year after the year in which this rule is being adopted.

Since publication of a Notice of Proposed Rule Making in the State Register on December 30, 2020, the State Education Department (SED) received the following comments on the proposed amendment.

1. COMMENT:

One commenter addressed regulations regarding the requirements for English Language Learners (ELLs) to show achievement on Regents Exams, the NYS English as a Second Language Achievement Test (NYSESLAT), ELA coursework, Advanced Placement (AP) exams, and the New York State Seal of Biliteracy (NYSSB) scholarly essay in order to earn the Seal. Specifically, the commenter stated that for purposes of earning the seal, the Department should lower the average requirement for ELLs on Regents exams; the NYSESLAT scale score should be clarified so that schools make appropriate determinations for ELL proficiency levels; the NYSSB legislation should be expanded so that 11th graders can earn the seal; there should be an exemption from the requirement that students receive an average of 85 or higher on English Language Art (ELA) courses and the average should be lowered; and the average should be lowered for AP exams. Additionally, the commenter noted that ELLs may not have the English proficiency level to write a scholarly essay.

DEPARTMENT RESPONSE:

These comments are outside of the scope of the proposed rule; therefore, no response is necessary, and no changes are needed.

2. COMMENT:

One commenter addressed how the COVID-related test exemptions and emergency regulations impact ability of ELLs to earn the Seal.

DEPARTMENT RESPONSE:

This comment is outside of the scope of the proposed rule, however, the Department has adopted emergency regulations which provide that students who were unable to take applicable Regents exams due to the COVID-19 related cancellation will satisfy criteria for the NYSSB that would have been met by the required June 2020 or August 2020 Regents exams(s), provided such student has received an exemption for such exam. Additionally, the emergency regulations provide that ELLs will satisfy criteria for the NYSSB that would have been met by a 2020 NYSESLAT score through a combination of having achieved an English language proficiency level of Transitioning or Expanding on the 2019 NYSESLAT or NYS Identification Test for ELLs (NYSITELL) and who earned credit in a course of study for English as a New Language or Bilingual Education in the 2019-2020 school year.

3. COMMENT:

One commenter addressed regulations regarding the submission of transcripts from countries outside of the U.S., including recommendations to recognize transcripts from lower grade levels and to develop an alternate method for proving prior academic achievement for those students whose former schools are unable to provide transcripts due to extenuating circumstances (e.g., natural disaster).

DEPARTMENT RESPONSE:

This comment is outside of the scope of the proposed rule; therefore, no response is necessary, and no changes are needed.

4. COMMENT:

One commenter recommended that NYSED “encourage schools to offer a yearly course where ELL students can have sufficient time to learn about a topic” to help prepare students in the preparation of a culminating project, scholarly essay, or portfolio toward earning the Seal.

DEPARTMENT RESPONSE:

This comment is outside of the scope of the proposed rule; therefore, no response is necessary, and no changes are needed.

5. COMMENT:

One commenter expressed agreement with the change to remove the phrase “coursework and final examination consistent with Checkpoint C learning standards” from item 100.5(h)(4)(ii)(b)(1)(i).

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

6. COMMENT:

One commenter expressed support for the changes: “I am writing to express my support for the proposed amendments to the New York State Seal of Biliteracy. I believe in any changes that to make the Seal more available to students and to make the NYSSB regulations more consistent.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

7. COMMENT:

One commenter expressed support for the changes: “I support the proposed amendments for the NYS Seal of Biliteracy as I feel that by aligning the coursework criteria (requiring the 85 as ELA does) helps to ensure the rigor and quality of "the Seal" process. I furthermore support the removal of the final exam/approved checkpoint C assessments as I feel this will provide a more equitable opportunity for more students to pursue the Seal of Biliteracy.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

8. COMMENT:

One commenter expressed support for the changes: “I do agree with the latest proposed amendments to Section 100.5h related to the Seal of Biliteracy. I especially strongly support the department to have more latitude with the exams that can be used.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

9. COMMENT:

One commenter expressed support for the changes: “I support the proposed changes to the language of the NYS Seal of Biliteracy as it will make the Seal more available to students while not changing the expected rigor to earn it.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

10. COMMENT:

One commenter expressed support for the changes: “I agree with the proposed amendments to the NYSSB. As educators, we need to be flexible and provide students with different approaches to succeed. The proposed amendments do not limit the potential of our students; they encourage more learners to achieve higher. Students must demonstrate proficiency, but they should not be restricted to the paths currently included to attain this proficiency, as many students might speak a language for which a proficiency assessment has not being yet created; therefore, although these students can demonstrate proficiency through other means, they would not have the opportunity to achieve the Seal under the current terminology of the requirements; the change in language regarding the different paths would recognize the ability of these students to read and write in more than one world language.

In addition, I believe that removing coursework and final examination consistent with Checkpoint C learning standards from section 100.5(h)(4)(ii)(b)(1)(i) would be fair to all students, as this requirement does not asks beyond the established one for ELA. The amendment will also allow students in schools not administering a final exam for a Checkpoint C course the opportunity to apply for the Seal.

The vision of NYSSB is noble. Let's allow more students the opportunity to accomplish, feel confident about their future, and realize they are members of a global society. Thank you for the work you do to recognize the multilingual student population of our state and the efforts of students to achieve and succeed.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

11. COMMENT:

One commenter expressed support for the changes: “I am in favor of the changes to the regulations for the Seal of Biliteracy in order to make the Seal available to more students. Thank you for your consideration in making these worthy changes.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

12. COMMENT:

One commenter expressed support for the changes: “After reading the prepared changes, I support the amendments. I appreciate that the department looked [to] create consistency and ensure access to all students that they [were] limited. I think the removal of the assessment list is smart knowing that new assessments will be made in the future and [will] need quick access to approval.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.

13. COMMENT:

One commenter expressed support for the changes: “The passage of these amendments is extremely important to increase access to the NYSSB for our Multilingual Learners and English Language Learners (MLs/ELLs). All proposed amendments would increase equity of access for our students. Specifically, in NYCDOE, our multilingual learners in bilingual programs have been prevented from receiving credit for the rigorous learning they do in their Home Language Arts (HLA) courses.

• In NYCDOE, we have 64 high schools with bilingual programs (both Transitional Bilingual Education and Dual Language) across the city. A total of 7,890 high school students are served in these programs. 5,834 (74%) of these students are current ELLs.

• Since NYCDOE does not have a district HLA exam, 5,834 ELLs in these programs have been ineligible for the 2c point, negating the important learning they do in their Home Language Arts courses, and thus are not currently pursuing the NYSSB.

• In addition to the Division of Multilingual Learners team, 49 colleagues from 40 NYCDOE high schools have signed on to this letter of support, sharing the following additional comments:

• ‘The amendment is so important for our HLA Spanish population in NYC DOE schools and would be a further step towards equity for our MLL/ELL and newer New Yorkers who strive for College and Career Readiness opportunities. Thank you for considering this change on behalf of our communities and families.’

• ‘These amendments MUST be passed for the sake of our students. Let's make education our number 1 priority!’

We the undersigned, respectfully submit these comments for your consideration. We look forward to continued collaboration to support our Multilingual Learners and English Learners.”

DEPARTMENT RESPONSE:

Since the comment is supportive, no change is necessary.