Prior to the enactment of this law, barriers existed that often made it extremely difficult to secure a diploma for students placed by the courts in residential facilities offering educational programming. Such facilities ensure education of students placed in their care but have no authority to grant diplomas. Previously, the facility was expected to reach out to the district where a student attended in the past, or in which the facility was located, to request issuance of a diploma. These efforts were often unsuccessful.

New Section 112-a provides that the school district of location—the district in which the facility is located—shall issue a high school diploma to qualified students who receive education in a State-run facility. There is a single exception: when credit-bearing educational programming is directly provided by another school district, that district shall be responsible for issuing the high school diploma. The school district responsible for issuing the diploma is responsible for determining when each student has completed the minimum New York State diploma requirements in section 100.5 of the Commissioner’s regulations while placed with, committed to, under the supervision of, detained, or confined in such facility.

The proposed amendment adds subdivision (pp) to section 100.2 of the Commissioner’s regulations, which explains: (1) how to determine the district responsible for the issuance of the diploma, and (2) the responsibilities of both the facility where the student is placed and the diploma-issuing district. Diploma issuing districts will be given credit for diplomas issued under section 112-a of the Education Law in the calculation of district graduation rates.

Additionally, the Department proposes to amend subdivision (y) of section 100.2 to confirm that a student who completes an educational program provided by a facility shall be entitled to enroll in the school district of location for purposes of being issued a diploma.

Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be adopted by regular (non-emergency) 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 October 2022 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earlier effective date of the proposed rule, if adopted at the October meeting, would be October 19, 2022, the date the Notice of Adoption would be published in the State Register.

Therefore, emergency action is necessary at the June 2022 meeting, effective June 14, 2022, for the preservation of the general welfare to immediately implement Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022, to require school districts to issue diplomas to eligible students confined in a residential facility operated by a state department or agency providing educational programming within the district boundary.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at the October 2022 meeting, which is the first scheduled meeting after expiration of the 60-day public comment period mandated by SAPA for state agency rulemaking. However, since the emergency action will expire before the October 2022 Regents meeting, it is anticipated that an additional emergency action will be presented for adoption at the July 2022 Regents meeting.

(1) Definitions. For the purposes of this subdivision:

(i) “Residential facility” means a facility operated or administered by a state department or agency or political subdivision of the state pursuant to Education Law § 112 or a correctional facility as defined in Correction Law § 2(4) which provides educational programming to youth age 21 or younger who have not received a high school diploma and who are placed, committed, supervised, detained or confined at the facility.

(ii) “District of location” means the school district in which the facility where a youth is placed, committed, supervised, detained, or confined is located.

(iii) “Credit granting school district” means the school district or local education agency providing an educational program and granting diploma credits to students placed in a facility.

(iv) “Diploma issuing district” means the school district that is determined to be responsible for the issuance of the diploma pursuant to this subdivision.

(2) Determination of diploma issuing district. If a student placed, committed, supervised, detained, or confined in a residential facility completes an educational program provided by employees of such facility leading to a Regents (with or without an advanced designation diploma) or local diploma, the district in which the residential facility is located shall be the diploma issuing district. If a student placed, committed, supervised, detained, or confined in/to a residential facility receives credit-bearing educational programming from a school or district other than the district of location of the residential facility, such credit-granting school district providing the educational programming shall be the diploma issuing district.

(3) Residential facility responsibility. When a student who has been placed, committed, supervised, detained, or confined in/to a residential facility completes all diploma requirements in accordance with section 100.5 of this Part, such residential facility shall notify the diploma issuing district to confer such student’s diploma. Such notification shall be in writing and shall include the following documentation:

(i) All student records indicating the credits such student has attained at previous New York State schools and schools located in other states.

(ii) Documentation of transfer credits attested to by current or previous residential facilities pursuant to section 100.5(d)(b)(5)(i)(b)(2) of this Part and a summary of all academic credits earned and assessment requirements met which shall be attested to by the chief educational officer at such residential facility

(4) Diploma issuing district responsibility. Upon receipt of written notification and student records from a residential facility located within the district boundary, the diploma issuing district shall:

(i) Conduct a review of the documentation provided and make a determination of such student’s eligibility to receive a diploma.

(ii) Notify the residential facility within 10 business days of receipt of such documentation of its findings and determination as to whether such student has met the requirements for a diploma; provided, however, that the findings and determination may be submitted after 10 business days where the facility and diploma issuing district mutually agree to extend such timeline.

(a) A notification that the student has not met the requirements of a diploma shall detail the deficiencies in the student records, clearly listing any requirements that have not been met. Such students are not required to meet local diploma requirements that exceed those indicated in section 100.5 of this Part. Facilities shall be given the opportunity to provide additional records, if available, to address any deficiencies noted by the diploma issuing district.

(b) A notification that the student has met the requirements for a diploma shall indicate when such diploma shall be conferred. Diplomas shall be conferred in January, June, or August, whichever is soonest.

(iii) Enroll such student prior to issuing the diploma, create a student transcript, and assume responsibility to retain all such student records in the district’s student management system consistent with section 104.2 of this Chapter.

(iv) Forward such diploma and a copy of the district developed student transcript by registered mail to the facility that made the request on behalf of the student.

(v) Include such student in the district’s accountability measures for the purposes of calculating graduation rate, as a graduate from the district of location in the school year in which the diploma is issued.

2. Subdivision (y) of section 100.2 of the Regulations of the Commissioner of Education is amended by adding a new paragraph (7) to read as follows:

(7) Notwithstanding any provision of this subdivision to the contrary, in the case of a student placed, committed, supervised, detained, or confined in a residential facility located in a school district pursuant to subdivision (pp) of this section, such residential facility shall request enrollment of a child who has completed an educational program provided by employees of such facility leading to a Regents (with or without an advanced designation diploma) or local diploma in the diploma issuing district as defined in subparagraph (pp)(1)(iv) of this section. Such child shall be entitled to enroll in such school district solely for purposes of obtaining a Regents (with or without an advanced designation diploma) or local diploma, provided that the residential facility shall provide documentation of age in accordance with subparagraph (ii) of paragraph (9) of this subdivision and documentation of such child’s placement, commitment, supervision, detainment, or confinement in/to such residential facility.

1. STATUTORY AUTHORITY:

Section 101 of the Education Law continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner as chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.

Section 112 of the Education Law provides that the State Education Department shall establish and enforce standards of instruction, personnel qualifications and other requirements for education services or programs with respect to the individual requirements of children who are in full-time residential care in facilities or homes operated or supervised by any state department or agency or political subdivision.

Section 112-a of the Education Law as added by Chapter 654 of the Laws of 2021 and as amended by Chapter 26 of the Laws of 2022, provides that a person under 21 years of age who has not received a high school diploma and who is confined in any facility operated or administered by a state department or agency or political subdivision of the state which provides educational programs pursuant to Education Law § 112, or who is confined in a correctional facility, and who participates in an educational program provided by such facility, shall be issued a high school diploma by the school district of location except when credit bearing educational programming is provided by another school district.

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 provides that the Regents shall establish, in secondary institutions, examinations in studies furnishing a suitable standard of graduation therefrom and of admission to colleges, and certificates or diplomas shall be conferred by the Regents to students who satisfactorily pass such examinations.

Section 215 of the Education Law empowers the Regents and the Commissioner to visit, examine into and inspect, any institution in the University and any school or institution under the educational supervision of the State and may require reports therefrom giving information as the Regents or the Commissioner prescribe.

Section 305(1) and (2) of the Education Law provide the Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies of the Regents.

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.

Section 3205 of the Education Law provides that each minor from six to sixteen years of age in each school district or on an Indian reservation shall attend upon full time instruction.

2. LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the above statutory authority and is necessary to conform Commissioner’s regulations to, and implement, Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022 (hereinafter referred to as Chapter 754), which added a new section 112-a to the Education Law, effective December 22, 2022, provides for the manner in which diplomas can be issued to students who have met all diploma requirements and are confined to certain facilities that provide educational programming but do not have the authority to issue diplomas.

3. NEEDS AND BENEFITS:

Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022, added a new section 112-a to the Education Law. This section provides for the manner in which diplomas can be issued to students who have met all diploma requirements and are confined to certain facilities that provide educational programming but do not have the authority to issue diplomas. This legislation was proposed by the Board of Regents to ensure that these students have a pathway to an earned diploma.

Prior to the enactment of this law, barriers existed that often made it extremely difficult to secure a diploma for students placed by the courts in residential facilities offering educational programming. Such facilities ensure education of students placed in their care but have no authority to grant diplomas. Previously, the facility was expected to reach out to the district where a student attended in the past, or in which the facility was located, to request the issuance of a diploma. These efforts were often unsuccessful.

New Section 112-a provides that the school district of location—the district in which the facility is located—shall issue a high school diploma to qualified students who receive education in a State-run facility. There is a single exception: when credit-bearing educational programming is directly provided by another school district, that district shall be responsible for issuing the high school diploma. Upon request from the facility, the school district responsible for issuing the diploma is responsible for determining if the student has completed the minimum New York State diploma requirements in section 100.5 of the Commissioner’s regulations while placed with, committed to, under the supervision of, detained, or confined in such facility.

The proposed amendment adds subdivision (pp) to section 100.2 of the Commissioner’s regulations, which explains: (1) how to determine the district responsible for the issuance of the diploma, and (2) the responsibilities of both the facility where the student is placed and the diploma-issuing district. Diploma issuing districts will be given credit for diplomas issued under section 112-a of the Education Law in the calculation of district graduation rates.

Additionally, the Department proposes to amend subdivision (y) of section 100.2 to confirm that a student who completes an educational program provided by a facility shall be entitled to enroll in the school district of location for purposes of being issued a diploma.

4. COSTS:

(a) Costs to State government: The proposed rule implements statutory requirements and establishes standards as directed by statute and will not impose any additional costs on State government.

(b) Costs to local government: There are no additional costs to local governments beyond those imposed by statute.

(c) Cost to private regulated parties: The proposed rule does not impose any additional costs to regulated parties beyond those imposed by statute.

(d) Cost to the regulatory agency: The proposed rule does not impose any additional costs on the Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule is necessary to implement Chapter 754, and does not impose any local government mandates, beyond those imposed by statute. Consistent with the statute the proposed rule requires that the school district of location—the district in which the facility is located—shall issue a high school diploma to qualified students who receive education in a State-run facility. There is a single exception: when credit-bearing educational programming is directly provided by another school district, that district shall be responsible for issuing the high school diploma. The school district responsible for issuing the diploma is responsible for determining when each student has completed the minimum New York State diploma requirements in section 100.5 of the Commissioner’s regulations while placed with, committed to, under the supervision of, detained, or confined in such facility. Additionally, the proposed rule sets forth notification requirements for both the facility and diploma issuing district and requires such district to: enroll the student prior to issuing the diploma, create a student transcript, assume responsibility to retail all such student records in the district’s student management system, and forward the diploma and a copy of the district developed student transcript tot the facility.

6. PAPERWORK:

The proposed amendment is necessary to implement Chapter 754, and does not impose any specific recordkeeping, reporting or other paperwork requirements beyond those inherent in the statute. Consistent with the statute the proposed rule requires that the school district of location—the district in which the facility is located—shall issue a high school diploma to qualified students who receive education in a State-run facility. There is a single exception: when credit-bearing educational programming is directly provided by another school district, that district shall be responsible for issuing the high school diploma. The school district responsible for issuing the diploma is responsible for determining when each student has completed the minimum New York State diploma requirements in section 100.5 of the Commissioner’s regulations while placed with, committed to, under the supervision of, detained, or confined in such facility. Additionally, the proposed rule sets forth notification requirements for both the facility and diploma issuing district and requires such district to: enroll the student prior to issuing the diploma, create a student transcript, assume responsibility to retail all such student records in the district’s student management system, and forward the diploma and a copy of the district developed student transcript tot the facility.

7. DUPLICATION:

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

8. ALTERNATIVES:

The proposed rule is necessary to conform the Commissioner’s regulations to Chapter 754. There are no significant alternatives to the proposed rule available and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

The proposed rule will take effect as an emergency rule on June 24, 2022. It is anticipated that the proposed rule will be presented to the Board of Regents for permanent adoption at the October 2022 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 October 2022 meeting, the proposed amendment will become effective on October 19, 2022. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

(a) Small businesses:

The proposed rule is necessary to conform Commissioner’s regulations to, and implement, Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022 (hereinafter referred to as Chapter 754), which added a new section 112-a to the Education Law, effective December 22, 2022, provides for the manner in which diplomas can be issued to students who have met all diploma requirements and are confined to certain facilities that provide educational programming but do not have the authority to issue diplomas. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The proposed amendment applies to all public school districts in the State.

2. COMPLIANCE REQUIREMENTS:

The proposed rule is necessary to implement Chapter 754, and consistent with the statute the proposed rule requires that the school district of location—the district in which the facility is located—shall issue a high school diploma to qualified students who receive education in a State-run facility. There is a single exception: when credit-bearing educational programming is directly provided by another school district, that district shall be responsible for issuing the high school diploma. Upon request from the facility, the school district responsible for issuing the diploma is responsible for determining if the student has completed the minimum New York State diploma requirements in section 100.5 of the Commissioner’s regulations while placed with, committed to, under the supervision of, detained, or confined in such facility. Additionally, the proposed rule sets forth notification requirements for both the facility and diploma issuing district and requires such district to: enroll the student prior to issuing the diploma, create a student transcript, assume responsibility to retail all such student records in the district’s student management system, and forward the diploma and a copy of the district developed student transcript tot the facility.

3. NEEDS AND BENEFITS:

Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022, added a new section 112-a to the Education Law. This section provides for the manner in which diplomas can be issued to students who have met all diploma requirements and are confined to certain facilities that provide educational programming but do not have the authority to issue diplomas. This legislation was proposed by the Board of Regents to ensure that these students have a pathway to an earned diploma.

Prior to the enactment of this law, barriers existed that often made it extremely difficult to secure a diploma for students placed by the courts in residential facilities offering educational programming. Such facilities ensure education of students placed in their care but have no authority to grant diplomas. Previously, the facility was expected to reach out to the district where a student attended in the past, or in which the facility was located, to request the issuance of a diploma. These efforts were often unsuccessful.

New Section 112-a provides that the school district of location—the district in which the facility is located—shall issue a high school diploma to qualified students who receive education in a State-run facility. There is a single exception: when credit-bearing educational programming is directly provided by another school district, that district shall be responsible for issuing the high school diploma. The school district responsible for issuing the diploma is responsible for determining when each student has completed the minimum New York State diploma requirements in section 100.5 of the Commissioner’s regulations while placed with, committed to, under the supervision of, detained, or confined in such facility.

The proposed amendment adds subdivision (pp) to section 100.2 of the Commissioner’s regulations, which explains: (1) how to determine the district responsible for the issuance of the diploma, and (2) the responsibilities of both the facility where the student is placed and the diploma-issuing district. Diploma issuing districts will be given credit for diplomas issued under section 112-a of the Education Law in the calculation of district graduation rates.

Additionally, the Department proposes to amend subdivision (y) of section 100.2 to confirm that a student who completes an educational program provided by a facility shall be entitled to enroll in the school district of location for purposes of being issued a diploma.

4. PROFESSIONAL SERVICES:

The proposed amendment does not require any additional professional service requirement on local governments.

5. COMPLIANCE COSTS:

In general, the proposed amendment does not impose any additional costs on local governments beyond those inherent in statute.

6. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

7. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to conform the Commissioner’s regulations to, and implement, Chapter 754. Accordingly, no alternatives were considered.

8. LOCAL GOVERNMENT 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 and from the chief school officers of the five big city school districts.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed rule applies to all school districts and facilities operated by a state department or agency or political subdivision of the state pursuant to Education Law § 112 and correctional facilities as defined in Correction Law § (2)(4) which provide educational programming to youth in New York 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 rule does not impose any program, service, duty, or responsibility on entities in rural areas beyond those imposed by statute. Consistent with the statute the proposed rule requires that the school district of location—the district in which the facility is located—shall issue a high school diploma to qualified students who receive education in a State-run facility. There is a single exception: when credit-bearing educational programming is directly provided by another school district, that district shall be responsible for issuing the high school diploma. Upon request from the facility, the school district responsible for issuing the diploma is responsible for determining if the student has completed the minimum New York State diploma requirements in section 100.5 of the Commissioner’s regulations while placed with, committed to, under the supervision of, detained, or confined in such facility. Additionally, the proposed rule sets forth notification requirements for both the facility and diploma issuing district and requires such district to: enroll the student prior to issuing the diploma, create a student transcript, assume responsibility to retail all such student records in the district’s student management system, and forward the diploma and a copy of the district developed student transcript to the facility.

3. COSTS:

The proposed rule does not impose any additional costs on regulated parties located in rural areas beyond those required by statute.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement the provisions of Chapter 754 which applies to all school districts. Therefore, alternative approaches for rural areas were not considered.

5. RURAL AREAS OF 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, including those in rural areas.

The proposed rule is necessary to conform Commissioner’s regulations to, and implement, Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022 (hereinafter referred to as Chapter 754), which added a new section 112-a to the Education Law, effective December 22, 2022, provides for the manner in which diplomas can be issued to students who have met all diploma requirements and are confined to certain facilities that provide educational programming but do not have the authority to issue diplomas. The proposed rule will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed rule that it will not affect job and employment opportunities, no affirmative 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.