(i) In order to receive a high school equivalency diploma, candidates shall:

(a) take a general comprehensive examination prescribed for the program, in English, and achieve a standing designated as satisfactory by the Commissioner of Education, except that a passing score or scores, on any mathematics Regents examination, ELA Regents examination, Social Studies Regents examination and/or Science Regents examination or any other examination approved by the commissioner pursuant to section 100.2(f) or (mm) of this Part, may be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the program and administered on or after April 25, 2018. Provided, however, that for purposes of this clause, a candidate must take at least one sub-test and may only substitute a passing score or scores on Regents examinations for any remaining sub-test(s). For purposes of this clause, passing score or scores on any Mathematics Regents examination, English Regents examination, Social Studies Regents examination and/or Science Regents examination shall mean a passing score as defined in section 100.5(a)(5)(i)(a)(2) and (3); (a)(5)(i)(b)(2) and (3) and 100.5(g) (English); (a)(5)(i)(c)(3) and (4) and 100.5(g) (Mathematics); (a)(5)(i)(d)(2) and (3) (Science); (a)(5)(i)(e)(4) and (5) (Global History and geography); and/or 100.5(d)(7)(i)(a),(b) and (c) of this Part, as applicable for such examination; or

(b) take a general comprehensive examination prescribed for the program in a language other than English, where available, and achieve a standing designated as satisfactory by the commissioner on such examination, except [that such] a passing score or scores on any mathematics Regents examination, ELA Regents examination, Social Studies Regents examination and/or Science Regents examination or any other examination approved by the commissioner pursuant to section 100.2(f) or (mm) of this Part may be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the program and administered on or after April 25, 2018, except that such candidates shall receive a high school equivalency diploma with a transcript that bears an inscription indicating the language in which the general comprehensive examination was taken. Provided, however, that for purposes of this clause, a candidate must take at least one sub-test and may only substitute a passing score or scores on Regents examinations for any remaining sub-test(s). For purposes of this clause, passing score or scores on a mathematics Regents examination, ELA Regents examination, Social Studies Regents examination and/or Science Regents examination shall mean a passing score as defined in100.5(a)(5)(i)(a)(2) and (3); (a)(5)(i)(b)(2) and (3) and 100.5(g) (English); (a)(5)(i)(c)(3) and (4) and 100.5(g) (Mathematics); (a)(5)(i)(d)(2) and (3) (Science); (a)(5)(i)(e)(4) and (5) (Global History and geography); and/or 100.5(d)(7)(i)(a), (b) and (c) of this Part, as applicable for such examination. Such candidates shall receive a high school equivalency diploma with a transcript that bears an inscription indicating the language in which the general comprehensive examination was taken, and may exchange such diploma with a transcript for a diploma with a transcript not containing such inscription upon achievement of a satisfactory standing on the Reading and Writing subtest of the general comprehensive exam subsequently taken in the English language; or

1. STATUTORY AUTHORITY:

Education Law section 101 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.

Education Law section 207 empowers the Board of Regents and the Commissioner to adopt rules and regulations to carry out laws of the State regarding education and the functions and duties conferred on the Department by law.

Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.

Education Law section 209 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.

Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, 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.

Education Law section 308 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.

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

Education Law section 3204(3) provides for required courses of study in the public schools and authorizes the State Education Department to alter the subjects of required instruction.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement Regents policy relating to expanded pathways for earning a high school equivalency diploma.

3. NEEDS AND BENEFITS:

Currently, in New York State (NYS), there are three pathways toward earning a high school equivalency diploma: TASC™ testing (Test Assessing Secondary Completion), Approved 24-College-Credit Program, National External Diploma Program (NEDP).

Various constituents have raised concerns that the current pathways to a NYS HSE diploma adopted by the Board of Regents to date are limited in scope and do not provide individuals who have passed required Regents examinations with the ability to utilize those passing scores towards earning a NYS HSE diploma after they have exited secondary school.

The New York State Education Department (NYSED) has discussed the feasibility of offering individuals pursuing a HSE diploma the option of being able to utilize passing Regents examination scores in core subjects in place of corresponding TASC™ subtests. These conversations have been influenced by factors including the following:

• The long-standing practice that passing HSE examination scores from a given GED® test or TASC™ test series can be used indefinitely while that series is still being administered.

• The practice of “grandfathering” implemented by NYSED, which permits the use of passing scores from the 2002 GED® series, in conjunction with new TASC™ scores, to determine eligibility to earn a HSE diploma.

• The use of passing scores on certain Regents examinations as a requirement for high school graduation.

• The policy of allowing school-aged students to use any Regents examination score toward high school graduation purposes, regardless of the age of the score.

Currently, students who do not earn 22 credits and pass at least 5 assessments (Regents examinations, Department-approved alternatives or pathway examinations) are unable to earn a high school diploma, and get no credit or value for the classes and examinations they may have passed. Those who leave secondary school prior to acquiring a high school diploma often do not reengage in any educational program until 21 years of age or older. While it is anticipated that post-compulsory aged youth (17-21) would be most likely to be positively impacted by this pathway, it would be an incentive and advantage also to those older adults seeking their HSE diploma. The purpose of allowing students to utilize passing Regents examination scores toward earning an HSE diploma after they have exited secondary school would be to encourage engagement in educational programs, improve and increase high school completion rates, and work toward a strategy to better connect students to Adult Education programming with the goal of achieving a HSE diploma.

Proposed Amendment: The Fourth Pathway: Utilizing Both Regents Examinations and TASC™ Subtests to Meet the High School Equivalency Diploma Requirements

At the September 2017 Regents meeting, the Board of Regents directed Department staff to develop a regulation to establish a fourth pathway to an HSE diploma. The proposed amendment allows students who have passed Regents examinations in Mathematics, English Language Arts (ELA), Social Studies and/or Science, the opportunity to substitute those passing scores on a maximum of four of the five corresponding TASC™ subtests (Mathematics, Reading, Writing, Social Studies and Science). Given that Regents examinations are valid measures of the knowledge, skills and abilities required for high school graduation, valid passing scores on Regents examinations should count for the associated TASC™ subtest.

Conditions:

• Candidates must continue to meet the existing eligibility criteria as prescribed by Commissioner’s regulation § 100.7(a)(1). As a result, students will not be allowed to utilize previously passed Regents examination scores towards a HSE diploma until they have met such conditions.

• A passing score on a Regents examination shall mean a 65, and for students with disabilities, a 55-64. It also includes an appeal score of 52-54 for students with disabilities pursuant to § 100.5(d)(7)(i)(c) of the Commissioner’s regulations. English Language Learners who enter the United States in grades 9 or higher, and do not score 65 or higher on the ELA Regents Examination after at least 2 attempts, may utilize a score of 55-64, pursuant to the appeal option specified in § 100.5(d)(7)(i)(b) of the Commissioner’s regulations, to substitute for the TASC™ Reading and Writing subtests. A passing score shall also include any appeal option set forth in § 100.5(d)(7)(i)(a).

• Students may utilize up to four passing Regents examination scores to substitute for a maximum of four of the five corresponding TASC™ subtests.

This new pathway to an HSE diploma will provide equitable access points and a diverse means by which New Yorkers can earn an HSE diploma. The ability to use passing Regents examination scores toward earning an HSE diploma will expand the opportunity for high school students at risk of dropping out as well as students with disabilities to stay engaged with their education and offer an incentive for meeting graduation requirements to those whose circumstances may not allow for completion of high school.

4. COSTS:

(a) Costs to State government:

None.

(b) Costs to local governments:

None.

(c) Costs to private regulated parties:

None.

(d) Costs to regulating agency for implementation and continued administration of this rule:

None.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments but merely implements Regents policy relating to expanded pathways for earning a high school equivalency diploma.

6. PAPERWORK:

The proposed amendment does not impose any new specific recordkeeping, reporting or other paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or federal regulations.

8. ALTERNATIVES:

There were no alternatives and none were considered.

9. FEDERAL STANDARDS:

There are no related federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that regulated parties will be able to achieve compliance with the proposed amendment by its effective date.

(a) Small businesses:

The proposed amendment implements Regents policy relating to expanded pathways for earning a high school equivalency diploma. The proposed amendment will not impose any additional compliance requirements but instead will allow for additional flexibility for individuals to use passing Regents examination scores toward earning a high school equivalency diploma. The proposed amendment does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. 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 government:

The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments but merely provides additional flexibility for individuals to use passing Regents examination scores toward earning a high school equivalency diploma.

1. EFFECT OF RULE:

The proposed amendment applies to each of the 695 public school districts in the State.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement Regents policy relating to expanded pathways for earning a high school equivalency diploma and does not contain any additional compliance requirements on small businesses or local governments.

3. NEEDS AND BENEFITS:

Currently, in New York State (NYS), there are three pathways toward earning a high school equivalency diploma: TASC™ testing (Test Assessing Secondary Completion), Approved 24-College-Credit Program, National External Diploma Program (NEDP).

Various constituents have raised concerns that the current pathways to a NYS HSE diploma adopted by the Board of Regents to date are limited in scope and do not provide individuals who have passed required Regents examinations with the ability to utilize those passing scores towards earning a NYS HSE diploma after they have exited secondary school.

The New York State Education Department (NYSED) has discussed the feasibility of offering individuals pursuing a HSE diploma the option of being able to utilize passing Regents examination scores in core subjects in place of corresponding TASC™ subtests. These conversations have been influenced by factors including the following:

• The long-standing practice that passing HSE examination scores from a given GED® test or TASC™ test series can be used indefinitely while that series is still being administered.

• The practice of “grandfathering” implemented by NYSED, which permits the use of passing scores from the 2002 GED® series, in conjunction with new TASC™ scores, to determine eligibility to earn a HSE diploma.

• The use of passing scores on certain Regents examinations as a requirement for high school graduation.

• The policy of allowing school-aged students to use any Regents examination score toward high school graduation purposes, regardless of the age of the score.

Currently, students who do not earn 22 credits and pass at least 5 assessments (Regents examinations, Department-approved alternatives or pathway examinations) are unable to earn a high school diploma, and get no credit or value for the classes and examinations they may have passed. Those who leave secondary school prior to acquiring a high school diploma often do not reengage in any educational program until 21 years of age or older. While it is anticipated that post-compulsory aged youth (17-21) would be most likely to be positively impacted by this pathway, it would be an incentive and advantage also to those older adults seeking their HSE diploma. The purpose of allowing students to utilize passing Regents examination scores toward earning an HSE diploma after they have exited secondary school would be to encourage engagement in educational programs, improve and increase high school completion rates, and work toward a strategy to better connect students to Adult Education programming with the goal of achieving a HSE diploma.

Proposed Amendment: The Fourth Pathway: Utilizing Both Regents Examinations and TASC™ Subtests to Meet the High School Equivalency Diploma Requirements

At the September 2017 Regents meeting, the Board of Regents directed Department staff to develop a regulation to establish a fourth pathway to an HSE diploma. The proposed amendment allows students who have passed Regents examinations in Mathematics, English Language Arts (ELA), Social Studies and/or Science, the opportunity to substitute those passing scores on a maximum of four of the five corresponding TASC™ subtests (Mathematics, Reading, Writing, Social Studies and Science). Given that Regents examinations are valid measures of the knowledge, skills and abilities required for high school graduation, valid passing scores on Regents examinations should count for the associated TASC™ subtest.

Conditions:

• Candidates must continue to meet the existing eligibility criteria as prescribed by Commissioner’s regulation § 100.7(a)(1). As a result, students will not be allowed to utilize previously passed Regents examination scores towards a HSE diploma until they have met such conditions.

• A passing score on a Regents examination shall mean a 65, and for students with disabilities, a 55-64. It also includes an appeal score of 52-54 for students with disabilities pursuant to § 100.5(d)(7)(i)(c) of the Commissioner’s regulations. English Language Learners who enter the United States in grades 9 or higher, and do not score 65 or higher on the ELA Regents Examination after at least 2 attempts, may utilize a score of 55-64, pursuant to the appeal option specified in § 100.5(d)(7)(i)(b) of the Commissioner’s regulations, to substitute for the TASC™ Reading and Writing subtests. A passing score shall also include any appeal option set forth in § 100.5(d)(7)(i)(a).

• Students may utilize up to four passing Regents examination scores to substitute for a maximum of four of the five corresponding TASC™ subtests.

This new pathway to an HSE diploma will provide equitable access points and a diverse means by which New Yorkers can earn an HSE diploma. The ability to use passing Regents examination scores toward earning an HSE diploma will expand the opportunity for high school students at risk of dropping out as well as students with disabilities to stay engaged with their education and offer an incentive for meeting graduation requirements to those whose circumstances may not allow for completion of high school.

4. COMPLIANCE COSTS:

The proposed amendment does not impose any new costs on high school equivalency diploma candidates in New York State.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

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

6. MINIMIZING ADVERSE IMPACT:

The amendments were proposed in response to concerns raised regarding barriers high school equivalency diplomas for individuals who have achieved a passing score on at least on Regents examination. The amendment applies equally to all candidates pursuing high school equivalency diploma New York State, who wish to utilize this pathway.

7. 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 NUMBER OF RURAL AREAS:

The purpose of the proposed emergency amendment is to implement Regents policy relating to expanded pathways for earning a high school equivalency diploma by removing barriers to receiving a high school equivalency diploma for individuals who have achieved a passing score on at least on Regents examination.

This proposed amendment applies to all individuals seeking a high school equivalency diploma, including those 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:

Currently, in New York State (NYS), there are three pathways toward earning a high school equivalency diploma: TASC™ testing (Test Assessing Secondary Completion), Approved 24-College-Credit Program, National External Diploma Program (NEDP).

Various constituents have raised concerns that the current pathways to a NYS HSE diploma adopted by the Board of Regents to date are limited in scope and do not provide individuals who have passed required Regents examinations with the ability to utilize those passing scores towards earning a NYS HSE diploma after they have exited secondary school.

The New York State Education Department (NYSED) has discussed the feasibility of offering individuals pursuing a HSE diploma the option of being able to utilize passing Regents examination scores in core subjects in place of corresponding TASC™ subtests. These conversations have been influenced by factors including the following:

• The long-standing practice that passing HSE examination scores from a given GED® test or TASC™ test series can be used indefinitely while that series is still being administered.

• The practice of “grandfathering” implemented by NYSED, which permits the use of passing scores from the 2002 GED® series, in conjunction with new TASC™ scores, to determine eligibility to earn a HSE diploma.

• The use of passing scores on certain Regents examinations as a requirement for high school graduation.

• The policy of allowing school-aged students to use any Regents examination score toward high school graduation purposes, regardless of the age of the score.

Currently, students who do not earn 22 credits and pass at least 5 assessments (Regents examinations, Department-approved alternatives or pathway examinations) are unable to earn a high school diploma, and get no credit or value for the classes and examinations they may have passed. Those who leave secondary school prior to acquiring a high school diploma often do not reengage in any educational program until 21 years of age or older. While it is anticipated that post-compulsory aged youth (17-21) would be most likely to be positively impacted by this pathway, it would be an incentive and advantage also to those older adults seeking their HSE diploma. The purpose of allowing students to utilize passing Regents examination scores toward earning an HSE diploma after they have exited secondary school would be to encourage engagement in educational programs, improve and increase high school completion rates, and work toward a strategy to better connect students to Adult Education programming with the goal of achieving a HSE diploma.

Proposed Amendment: The Fourth Pathway: Utilizing Both Regents Examinations and TASC™ Subtests to Meet the High School Equivalency Diploma Requirements

At the September 2017 Regents meeting, the Board of Regents directed Department staff to develop a regulation to establish a fourth pathway to an HSE diploma. The proposed amendment allows students who have passed Regents examinations in Mathematics, English Language Arts (ELA), Social Studies and/or Science, the opportunity to substitute those passing scores on a maximum of four of the five corresponding TASC™ subtests (Mathematics, Reading, Writing, Social Studies and Science). Given that Regents examinations are valid measures of the knowledge, skills and abilities required for high school graduation, valid passing scores on Regents examinations should count for the associated TASC™ subtest.

Conditions:

• Candidates must continue to meet the existing eligibility criteria as prescribed by Commissioner’s regulation § 100.7(a)(1). As a result, students will not be allowed to utilize previously passed Regents examination scores towards a HSE diploma until they have met such conditions.

• A passing score on a Regents examination shall mean a 65, and for students with disabilities, a 55-64. It also includes an appeal score of 52-54 for students with disabilities pursuant to § 100.5(d)(7)(i)(c) of the Commissioner’s regulations. English Language Learners who enter the United States in grades 9 or higher, and do not score 65 or higher on the ELA Regents Examination after at least 2 attempts, may utilize a score of 55-64, pursuant to the appeal option specified in § 100.5(d)(7)(i)(b) of the Commissioner’s regulations, to substitute for the TASC™ Reading and Writing subtests. A passing score shall also include any appeal option set forth in § 100.5(d)(7)(i)(a).

• Students may utilize up to four passing Regents examination scores to substitute for a maximum of four of the five corresponding TASC™ subtests.

This new pathway to an HSE diploma will provide equitable access points and a diverse means by which New Yorkers can earn an HSE diploma. The ability to use passing Regents examination scores toward earning an HSE diploma will expand the opportunity for high school students at risk of dropping out as well as students with disabilities to stay engaged with their education and offer an incentive for meeting graduation requirements to those whose circumstances may not allow for completion of high school.

No professional services are required to comply.

3. COSTS:

The proposed amendment does not impose any new costs on high school equivalency diploma candidates in New York State, including those located in rural areas of the State.

4. MINIMIZING ADVERSE IMPACT:

The amendments were proposed to implement Regents policy relating to expanded pathways for earning a high school equivalency diploma by removing barriers to receiving a high school equivalency diploma for individuals who have achieved a passing score on at least on Regents examination. The amendment applies equally to all qualified individuals pursuing a high school equivalency diploma in New York State.

5. RURAL AREA PARTICIPATION:

Copies of the rule have been provided to Rural Advisory Committee for review and comment.

The purpose of the proposed amendment is to establish a fourth pathway for a high school diploma by allowing students who have passed any Regents high school examination in Mathematics, English Language Arts (ELA), Social Studies or Science, the opportunity to use passing scores in place of the corresponding TASC™ subtests.

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, and 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.

Since publication of the Notice of Proposed Rule Making in the State Register on November 1, 2017 the State Education Department (SED) received the following comments on the proposed amendment:

1. COMMENT:

Many commenters expressed support for the proposed amendments and indicated that a wide variety of students would benefit from the amendments. Students who have passed any high school Regents exam in math, ELA, social studies or science should have the opportunity to use these scores in place of the corresponding TASC™ subtests. Many students have worked hard to earn credits and pass Regents exams towards graduation. Currently, if a student leaves high school prior to graduation, all of his or her successful work is disregarded. The student must begin again, to prepare for and pass each subject on the TASC™, as if they had never attended high school.

The amendments will expand the opportunities for students at risk of dropping out, as well as students with disabilities, to earn a diploma and continue their education and/or secure meaningful employment. It will also save time and money. It is essential, in our current time, that a student is able to obtain a high school diploma or high school equivalency diploma to be competitive in college and career opportunities. Allowing students to use their completed exams in place of the corresponding TASC™ subtests gives youth a better chance at success.

DEPARTMENT RESPONSE:

No response necessary as the comment is supportive.

2. COMMENT:

Can a student replace the TASC™ with passing scores on all 5 Regents exams?

DEPARTMENT RESPONSE:

No. The proposed amendment allows students who have passed any Regents high school examination in Mathematics, English Language Arts (ELA), Social Studies or Science, the opportunity to use passing scores in place of the corresponding TASC™ sub-tests. However, passing Regents scores in all subject areas cannot be used for credit towards all five TASC™ subtests; individuals may substitute passing scores for all but one of the five sub-tests and must pass at least one TASC™ subtest (of their choice) to earn an NYS HSEdiploma.

3. COMMENT:

The Lehman College Adult Learning Center has been providing free educational opportunities to low-income and immigrant Bronx residents age 18 and up since 1986.

We provide classes for approximately 800 students a year in English for Speakers of Other Languages, Basic Literacy, and High School Equivalency preparation. This proposal will save NYS money and enhance its economy, and improve the lives of adults and their families.

DEPARTMENT RESPONSE:

No response necessary as the comment is supportive.

4. COMMENT:

How would a student who passed all Regents exams obtain their equivalency diploma if they don't need to sit for a TASC™ sub-test? Do they need seat time in a program? Are they going to receive a general diploma from the state?

DEPARTMENT RESPONSE:

See response to Comment #2. Students who utilize this pathway will receive an NYS HSE Diploma. Seat time is not required.

5. COMMENT:

Commenter expressed support for the proposed amendment because it would enable him to earn a high school equivalency diploma by replacing his passing score on the Regents mathematics exam for the TASC™ Mathematics sub-test.

DEPARTMENT RESPONSE:

No response necessary as the comment is supportive.

6. COMMENT:

Does passing the ELARegents count for both the Writing and ReadingTASC™ sub-tests? If both, what prevents a student who has passed all 5 Regents exams by the end of 11th grade from claiming all 5 Regents toward the TASC™ and be awarded an HSE diploma without testing and completion of 12th grade?

DEPARTMENT RESPONSE:

A passing score on the ELARegents examination may be substituted for both the TASC™ Writing sub-test and the TASC™ Reading sub-test. However, students who seek to utilize this pathway to obtain an HSE diploma are not eligible for the pathway until they meet the existing eligibility criteria in § 100.7(a)(1). See Comment#2.

7. COMMENT:

Commenter expressed support for the amendment and seeks the inclusion of students who use the Regents pathway for a TASC™ sub-test to be counted as “high school completers.” Commenter also seeks an amendment to the regulation to allow students to use this pathway before their cohort has graduated, indicating that many students will drop out before waiting for their peers to graduate.

DEPARTMENT RESPONSE:

Students who receive an HSEdiploma are not counted as graduates in the adjusted cohort graduation rate. However, students who complete an HSE diploma within two years of exiting high school to an HSE program will be included in the College, Career, and Civic Readiness Index.

The proposed amendments do not permit students to utilize previously passed Regents examination scores towards a HSEdiploma until they meet the existing eligibility requirements in § 100.7(a)(1). The purpose of this new pathway is to expand the opportunity for high school students at risk of dropping out, as well as students with disabilities, to stay engaged with their education and offer an incentive for meeting graduation requirements to those whose circumstances may not allow for completion of high school. Therefore, the Department does not believe amendments are necessary at this time.

8. COMMENT:

Commenter expressed support for the amendments, but urged the Board of Regents to consider redefining the CDOS credential as a diploma. This would allow students who are unable to obtain a Regents diploma, thus finding themselves with limited options, to graduate from high school with a credential that is more appealing to potential employers. A CDOS diploma would still require these students to meet rigorous standards, but would provide the necessary flexibility in completing credit requirements.

DEPARTMENT RESPONSE:

The proposed amendments are limited in scope to expanding the pathway to achieving a high school equivalency diploma. However, at the December 2017Regents meeting, the Board approved by emergency action amendments that would enable students with disabilities to seek a superintendent determination for a local diploma when those students have met the requirements for the CDOS credential and certain other conditions. See http://www.regents.nysed.gov/common/regents/files/1217p12a1.pdf

9. COMMENT:

The New York State Coalition of 853 Schools supports the proposed amendments and requests the expansion of those who can offer an Alternative High School Equivalency Program to include 853 schools.

DEPARTMENT RESPONSE:

To the extent that the comment is supportive, no response is necessary. To the extent that the comment seeks a review of the criteria for entities which may offer an HSE program, the Department will review the request.

10. COMMENT:

The Coalition for Multiple Pathways to a Diploma supports the proposed amendments but seeks amendments to also allow students to substitute approved alternatives to the Regents examinations for the TASC™ sub-tests and compensatory passing scores. The Coalition also recommends that the Department issue guidance to schools and families to ensure that students who remain eligible to attend high school are fully informed of their right to remain in school and are not pushed out of high school programs to pursue high school equivalency diplomas using this or any other HSE pathway.

DEPARTMENT RESPONSE:

See response to Comment #14. The proposed amendments do permit the substitution of a passing score on examinations approved by the Department pursuant to §§ 100.2(f) or 100.2(mm). Additionally, the Department anticipates issuing updated guidance in relation to the HSE pathways. HSE diploma recipients will continue to be eligible to receive educational services provided by their local school district until reaching the age of twenty-one.

11. COMMENT:

Are AHSEP students considered as having “exited from high school for this purpose”? They typically cannot attend an AHSEP program unless enrolled by their high school in an AHSEP program if through a BOCES or it is a local program offered through the school?

DEPARTMENT RESPONSE:

Students enrolled in Alternative High School Equivalency Programs (AHSEP) are eligible to take the TASC™ test to earn a HSE diploma. Students enrolled in AHSEPs will be eligible to benefit from the Regents HSE Pathway.

12. COMMENT:

How will certified transcripts be provided to TASC™ testing centers for consideration for exemption of sub-test to which the student has met the requirement via the passing of a corresponding Regents exam?

DEPARTMENT RESPONSE:

Applicants will receive an official NYSED HSE transcript via US Mail, listing which Regents examination scores, or scores on other Department-approved examinations, may be substituted for any TASC™ sub-test(s). Eligible candidates may then apply for and take the remaining necessary TASC™ subtest(s) at an official TASC™ testing center. HSE testing centers will have no role in evaluating High School or HSE transcripts. It will remain the responsibility of the examinee to register for the appropriate TASC™ subtest(s). Guidance will be available from the NYSEDHSE Unit available by e-mail at [email protected] or (518) 474-5906.

13. COMMENT:

Commenter expressed concern with proposed amendment fearing that students will be able to bypass key subject areas/units of study. The proposal would allow an individual to pass the Global History Regents exam in 10th grade, drop out of high school and then eventually use that "credit" to avoid having to take the social studies portion of the TASC™ exam (which also includes US History, civics and economics). There is value in ALL social studies subjects- particularly US History and civics given the current state of affairs and discourse in this country! A similar argument could be made for the sciences.

DEPARTMENT RESPONSE:

The Department agrees that there is value in all subject areas. However, this new pathway will provide equitable access points and a diverse means by which New Yorkers can earn an HSE diploma. Given that Regents examinations are valid measures of the knowledge, skills and abilities required for high school graduation, valid passing scores on Regents examinations should count for the associated TASC™ subtest. The ability to use passing Regents examination scores toward an HSE diploma will expand the opportunity for at-risk high school students and students with disabilities to stay engaged with their education and incentivize meeting graduation requirements to those whose circumstances may not allow for completion of high school. Therefore, no amendments are necessary at this time.

14. COMMENT:

A few commenters sought clarification on the criteria for a “passing score” on the Regents exams. Specifically, will students with disabilities who achieve a 55-64, or successfully appeal the score be permitting to substitute those Regents exams for the TASC™ sub-tests?

DEPARTMENT RESPONSE:

A passing score on a Regents examination shall mean a 65, and for students with disabilities, a 55-64. It also includes an appeal score of 52-54 for students with disabilities pursuant to § 100.5(d)(7)(i)(c). English Language Learners who enter the United States in grades 9 or higher, and do not score 65 or higher on the ELARegents Examination after at least 2 attempts, may utilize a score of 55-64, pursuant to the appeal option specified in § 100.5(d)(7)(i)(b), to substitute for the TASC™ Reading and Writing subtests. A passing score shall also include the appeal option set forth in § 100.5(d)(7)(i)(a).

15. COMMENT:

Do the amendments start with a certain cohort, will they be retroactive?

DEPARTMENT RESPONSE:

If adopted, the amendments become effective on April 25, 2018 and will apply to any sub-test or sub-tests of any general comprehensive examination prescribed for the HSE program administered on or after April 25, 2018. However, passing Regents exam scores from any time in the past will qualify for Regents HSE pathway credit.

16. COMMENT:

Commenter expressed support for the amendments. Students who have passed Regents exams in their high school settings are often demoralized when they learn that they will not carry their credits or Regents exams forward as degree progress for the HSE. After hearing that they will be “starting over,” students express great regret about their decision to leave high school, when often these choices were necessary for their well-being. These students deserve to move forward with their hard-earned passing scores on Regents exams taking the place of corresponding TASC™ subtests. The amendments will remove barriers for students who have already overcome many barriers in life. Honoring student accomplishments will reduce their time in programs and move them more swiftly towards their goals, increasing well-being for that individual and all in their network.

DEPARTMENT RESPONSE:

No response necessary as the comment is supportive.

17. COMMENT:

The Intergenerational Change Initiative supports the amendments. Through our research and data analysis, we see the need to continuously provide multiple ways for young people to empower themselves through education and understand the many circumstances and experiences that may threaten a young person’s ability to achieve this goal.

DEPARTMENT RESPONSE:

No response necessary as the comment is supportive.