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Laboratory Experience Required to Take a Science Regents Examination

NY-ADR

12/28/22 N.Y. St. Reg. EDU-39-22-00012-E

NEW YORK STATE REGISTER

VOLUME XLIV, ISSUE 52

December 28, 2022

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

EMERGENCY RULE MAKING

I.D No. EDU-39-22-00012-E

Filing No. 1021

Filing Date. Dec. 12, 2022

Effective Date. Dec. 12, 2022

Laboratory Experience Required to Take a Science Regents Examination

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of section 100.5(b)(7)(iv)(d) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 101, 207, 208, 209, 305, 308, 309 and 3204

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

Prior to the COVID-19 pandemic, the Commissioner’s regulations required that students could only take a science Regents Examination if they had completed 1,200 minutes of hands-on science laboratory experience. Only a limited group of students—those who attended educational programs administered in residential care or correctional facilities pursuant to Education Law section 112 and Part 116 or 118 of this Title—were allowed to satisfy this requirement through a combination of hands-on and simulated experience. In response to the exigencies of the COVID-19 pandemic, the Department allowed all students to satisfy the 1,200 minute requirement through a combination of hands-on and simulated experience.

Given the positive feedback from the field, the Department now proposes to make this flexibility permanent. Advances in technology and innovations in instructional methodologies, refined during the 2019-2020 and 2020-2021 school years, have made it possible to deliver high-quality laboratory learning experiences to students. By making this flexibility permanent, schools and districts can increase access to science courses with laboratory components, including advanced science courses, by utilizing blended or virtual learning. In addition, this flexibility will facilitate the implementation of the New York State P-12 Science Learning Standards.

The proposed amendment was presented to the P-12 Education Committee for recommendation to the Full Board for adoption as an emergency rule at the September 2022 meeting of the Board of Regents, effective September 13, 2022. Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be adopted by regular (nonemergency) action after expiration of the 60-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5) would be the January 2023 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earliest effective date of the proposed rule, if adopted at the January meeting, would be January 25, 2023, the date the Notice of Adoption would be published in the State Register.

However, the emergency rule will expire December 11, 2022. Therefore, emergency action is necessary at the November 2022 meeting, effective December 12, 2022, for the preservation of the general welfare in order to immediately permit students to satisfy the science laboratory experience requirements to take a science Regents Examination through both hands-on and simulated experience and to ensure the emergency action taken at the September meeting remains continuously in effect until the rule can be permanently adopted.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at the January 2023 meeting, which is the first scheduled meeting after expiration of the 60-day public comment period mandated by SAPA for state agency rulemaking.

Subject:

Laboratory experience required to take a science Regents examination.

Purpose:

To permit students to satisfy laboratory requirement through a combination of hands-on and simulated laboratory experience.

Text of emergency rule:

Clause (d) of subparagraph (iv) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended to read as follows:

(d) Science, three units of credit and one of the Regents examinations in science or an approved alternative pursuant to section 100.2(f) of this Part. In order to qualify to take a Regents examination in any of the sciences a student must complete 1,200 minutes of [actual hands-on (not simulated)] laboratory experience which may be met through any combination of hands-on and simulated laboratory experience with satisfactory documented laboratory reports[, provided that, for students who attend educational programs administered pursuant to Education Law section 112 and Part 116 or 118 of this Title, and for all students where such hands-on laboratory experience cannot be completed as a result of the COVID-19 crisis, the 1,200 minutes of laboratory experience may be met through a combination of hands-on and simulated laboratory experience]. The 1,200 minutes of laboratory experience must be in addition to the required classroom instruction associated with earning a unit of credit, provided, however, for the 2019-2020 and 2020-2021 school years, including the 2020 and 2021 summer sessions, the 1,200 minutes of laboratory experience is not required for a student to qualify to take a Regents examination where such student is unable to meet the 1,200-minute requirement due to the COVID-19 crisis and, provided further, that 1,200 minutes of laboratory experience is not required for a student to be exempted from a Regents examination pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section.

This notice is intended

to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-39-22-00012-EP, Issue of September 28, 2022. The emergency rule will expire February 9, 2023

Text of rule and any required statements and analyses may be obtained from:

Kirti Goswami, NYS Education Department, 89 Washington Avenue, Room 112EB, Albany, NY 12234, (518) 474-6400, email: [email protected]

Regulatory Impact Statement

Section 101 of the Education Law 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.

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to Education.

Section 208 of the Education Law grants general rule-making authority to the Regents to confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.

Section 209 of the Education Law 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.

Section 305(1) and (2) of the Education Law provide that the Commissioner 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 shall execute all educational policies determined by the Board of Regents.

Section 308 of the Education Law 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.

Section 309 of the Education Law charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of instruction.

Section 3204 of the Education Law provides that minors required to attend upon instruction pursuant to the Compulsory Education Law may attend at a public school or elsewhere and sets forth the requirements of such instruction.

2. LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the above statutory authority and allows students to use a combination of hands-on and simulated experience to satisfy the 1,200 minutes of laboratory experience requirement to take a Regents examination in science.

3. NEEDS AND BENEFITS:

In response to the exigencies of the COVID-19 pandemic, the Department allowed all students to satisfy the 1,200 minutes requirement through a combination of hands-on and simulated experience. Given positive feedback from the field, the Department now proposes to make this flexibility permanent. Advances in technology and innovations in instructional methodologies, refined during the 2019-2020 and 2020-2021 school years, have made it possible to deliver high-quality laboratory learning experiences to students. By making this flexibility permanent, schools and districts can increase access to science courses with laboratory components, including advanced science courses, by utilizing blended or virtual learning. In addition, this flexibility will facilitate the implementation of the New York State P-12 Science Learning Standards.

4. COSTS:

(a) Costs to State government: The amendment does not impose any costs on State government, including the State Education Department.

(b) Costs to local government: The amendment does not impose any costs on local government.

(d) Cost to the regulatory agency: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment continues flexibility provided during the COVID-19 pandemic, permitting students to complete the required 1,200 minutes of science laboratory experience to take a Regents examination in science through a combination of hands-on and simulated experience. Therefore, the proposed rule does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The proposed rule is necessary to allows students to use a combination of hands-on and simulated experience to satisfy the 1,200 minutes of laboratory experience requirement to take a Regents examination in science. There are no significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

The proposed amendment will become effective as an emergency rule on September 13, 2022. It is anticipated that the proposed amendment will be presented for permanent adoption at the January 2023 Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 60-day public comment period required under the State Administrative Procedure Act. If adopted at the January 2023 meeting, the proposed amendment will become effective as a permanent rule on January 25, 2023. It is anticipated that regulated parties will be able to comply with the proposed rule on its effective date.

Regulatory Flexibility Analysis

The proposed rule will not impose any reporting, recordkeeping or other compliance requirements or costs or have any adverse economic impact on small businesses or local governments. Because it is evident from the proposed rule that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed rule applies to all school districts, charter schools, and registered nonpublic schools in the State, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment to section 100.5(b)(7)(iv)(d) of the Commissioner’s regulations continues flexibility provided during the COVID-19 pandemic, permitting students to complete the required 1,200 minutes of science laboratory experience to take a Regents examination in science through a combination of hands-on and simulated experience. Therefore, it does not impose any additional reporting, recordkeeping, or other compliance requirements on regulated parties located in rural areas.

Additionally, the proposed amendment does not impose any additional professional services requirements.

3. COMPLIANCE COSTS:

The proposed amendment does not impose any costs on regulated parties located in rural areas.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to allow students to use a combination of hands-on and simulated experience to satisfy the 1,200 minutes of laboratory experience requirement to take a Regents examination in science. No alternatives were considered for regulated parties located in rural areas.

5. RURAL AREA PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts, and from charter schools, including those in rural areas.

Job Impact Statement

The purpose of the proposed rule is to allow students to use a combination of hands-on and simulated experience to satisfy the 1,200 minutes of laboratory experience requirement to take a Regents examination in science. Because it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, 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.

Assessment of Public Comment

The agency received no public comment.

End of Document