The proposed amendment to 100.18(b)(14) clarifies how student results on grade 8 science assessments, including Regents examinations, will be used for institutional accountability purposes.

The proposed amendment also makes a technical revision to paragraph (4) of subdivision (d) of section 100.4 to correct a citation.

The proposed amendment was adopted as an emergency action at the March 10-11, 2014 Regents meeting, effective March 11, 2014. Because the Board of Regents meets at monthly intervals, the earliest the proposed amendment could be adopted by regular action after publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on March 26, 2014 and expiration of the 45-day public comment period prescribed in State Administrative Procedure Act (SAPA) section 202 would be the June 23-24, 2014 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the June meeting, would be July 9, 2014, the date a Notice of Adoption would be published in the State Register. However, the March emergency rule will expire on June 9, 2014, 90 days after its filing with the Department of State on March 11, 2014. A lapse in the rule's effective date could disrupt implementation of grade 8 intermediate science assessments during the 2013-2014 school year.

Emergency action is therefore necessary for the preservation of the general welfare to ensure that the proposed rule adopted by emergency action at the March Regents meeting remains continuously in effect until the effective date of its permanent adoption.

It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the June 23-24, 2014 Regents meeting, which is the first scheduled Regents meeting after publication of the proposed rule in the State Register and expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act for State agency rule makings.

(4) Courses taken pursuant to this subdivision may be substituted for the appropriate requirements set forth in subdivision [(b)] (c) of this section.

2. Paragraph (4) of subdivision (e) of section 100.4 of the Regulations of the Commissioner of Education is amended, effective June 9, 2014, as follows:

(e) Required assessments in grades seven and eight. Except as otherwise provided in subdivisions (f) and (g) of this section, and except for students who have been admitted to a higher grade without completing the grade at which the assessment is administered, all students shall take the following assessments, provided that testing accommodations may be used as provided for in section 100.2(g) of this Part in accordance with department policy.

(1) . . .

(2) . . .

(3) . . .

(4) Beginning with the school year 2000-2001, the science intermediate assessment shall be administered in grade eight; provided that students who attend grade eight may take a Regents examination in science in lieu of or in addition to the grade eight science intermediate assessment, in accordance with this section and section 100.18(b)(14) of this Part, and provided further that the science intermediate assessment shall not be administered in grade eight to students who take such assessment in grade seven and are being considered for placement in an accelerated high school-level science course when they are in grade eight pursuant to subdivision (d) of this section.

(5) . . .

3. Subparagraph (iii) of paragraph (14) of subdivision (b) of section 100.18 of the Regulations of the Commissioner of Education is amended, effective June 9, 2014, as follows:

(iii) Notwithstanding the provisions of this section:

(a) . . .

(b) . . .

(c) Science assessments in grades 7 and 8.

(i) For students who, while attending grade 8, take a Regents examination in science but do not take the grade 8 science intermediate assessment, participation and accountability determinations for the school in which such student attends grade 8 shall be based upon such student’s performance on the Regents examination in science.

(ii) For students who, while attending grade 8, take both the grade 8 science intermediate assessment and a Regents examination in science, participation and accountability determinations for the school in which such student attends grade 8 shall be based upon such student’s performance on the grade 8 science intermediate assessment.

(iii) For students who have taken the grade 8 science intermediate assessment when they attended grade 7 and who take a Regents examination in science while attending grade 8, participation and accountability determinations for the school in which such student attends grade 8 shall be based upon such student’s performance on the Regents examination in science.

(iv) For students who have taken the grade 8 science intermediate assessment when they attended grade 7 and who do not take a Regents examination in science while attending grade 8, participation and accountability determinations for the school in which the student attends grade 8 shall be based upon the student’s performance on the grade 8 science intermediate assessment taken in grade 7.

1. STATUTORY AUTHORITY:

Education Law section 101 continues existence of Education Department, with Board of Regents as its head, and authorizes Regents to appoint Commissioner of Education as Department's Chief Administrative Officer, which is charged with general management and supervision of all public schools and educational work of State.

Education Law section 207 empowers Regents and Commissioner to adopt rules and regulations to carry out State education laws and functions and duties conferred on Department.

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 210 authorizes Regents to register domestic and foreign institutions in terms of State standards, and fix the value of degrees, diplomas and certificates issued by institutions of other states or countries and presented for entrance to schools, colleges and professions in the State.

Education Law section 215 authorizes Commissioner to require schools and school districts to submit reports containing such information as Commissioner shall prescribe.

Education Law section 305(1) and (2) provide 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 305(20) provides Commissioner shall have such further powers and duties as charged by the 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 Commissioner with 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 SED to alter the subjects of required instruction.

Education Law section 3713(1) and (2) authorize State and school districts to accept federal law making appropriations for educational purposes and authorize Commissioner to cooperate with federal agencies to implement such law.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents policy relating to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, and public school and district accountability.

3. NEEDS AND BENEFITS:

Section 100.4(e) (4) currently provides that the science intermediate assessment shall be administered in grade 8. However, some grade 7 and 8 students receive Regents-level instruction in science and take Regents examinations in science. The proposed amendment to section 100.4(e)(4) would enact a technical change to clarify that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed rule also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment would thereby provide a means to relieve students, teachers, and schools from having to prepare for multiple end-of-year assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science.

The proposed amendment to 100.18(b)(14) clarifies how student results on grade 8 science assessments, including Regents examinations, will be used for institutional accountability purposes, as follows:

• For students who, while attending grade 8, take a Regents examination in science but do not take the grade 8 science intermediate assessment, participation and accountability determinations for the school in which such student attends grade 8 shall be based upon such student’s performance on the Regents examination in science.

• For students who, while attending grade 8, take both the grade 8 science intermediate assessment and a Regents examination in science, participation and accountability determinations for the school in which such student attends grade 8 shall be based upon such student’s performance on the grade 8 science intermediate assessment.

• For students who have taken the grade 8 science intermediate assessment when they attended grade 7 and who take a Regents examination in science while attending grade 8, participation and accountability determinations for the school in which such student attends grade 8 shall be based upon such student’s performance on the Regents examination in science.

• For students who have taken the grade 8 science intermediate assessment when they attended grade 7 and who do not take a Regents examination in science while attending grade 8, participation and accountability determinations for the school in which the student attends grade 8 shall be based upon the student’s performance on the grade 8 science intermediate assessment taken in grade 7.

The proposed amendment also makes a technical revision to paragraph (4) of subdivision (d) of section 100.4 to correct a citation.

4. COSTS:

Cost to the State: none.

Costs to local government: none.

Cost to private regulated parties: none.

Cost to regulating agency for implementation and continued administration of this rule: none.

The proposed amendment will not impose any additional costs on the State, local governments, private regulated parties or the State Education Department. The proposed amendment provides flexibility to school districts in the administration of the science intermediate assessment to: (1) students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science, and (2) students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment clarifies that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed amendment also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment will reduce costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science and students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment provides flexibility to school districts in the administration of the science intermediate assessment and will not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment will reduce compliance requirements and costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8.

6. PAPERWORK:

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

7. DUPLICATION:

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

8. ALTERNATIVES:

There were no significant alternatives and none were considered.

9. FEDERAL STANDARDS:

There are no related federal standards in this area.

10. COMPLIANCE SCHEDULE:

It is anticipated parties will be able to achieve compliance with the rule by its effective date.

Small Businesses:

The proposed amendment provides flexibility to school districts in the administration of the science intermediate assessment to: (1) students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science, and (2) students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment relates to State learning standards, State assessments, graduation and diploma requirements and higher levels of student achievement, and school and school district accountability, and does not impose any adverse economic impact, reporting, recordkeeping 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.

Local Governments:

1. EFFECT OF RULE:

The proposed amendment applies to each of the 695 public school districts in the State, the 37 boards of cooperative educational services (BOCES), and to charter schools that are authorized to issue Regents diplomas with respect to State assessments and high school graduation and diploma requirements. At present, there are approximately 40 charter schools authorized to issue Regents diplomas.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment will not impose any additional compliance requirements on local governments. The proposed amendment provides flexibility to schools in the administration of the science intermediate assessment to: (1) students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science, and (2) students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment clarifies that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed amendment also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment will reduce costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science and students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8.

3. PROFESSIONAL SERVICES:

The proposed amendment imposes no additional professional service requirements.

4. COMPLIANCE COSTS:

The proposed amendment will not impose any additional costs. The proposed amendment provides flexibility to schools in the administration of the science intermediate assessment and will not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment will reduce compliance requirements and costs by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The rule imposes no technological requirements. Costs are discussed under the Compliance Costs section above.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment will not impose any additional compliance requirements or costs. The proposed amendment provides flexibility to schools in the administration of the science intermediate assessment to: (1) students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science, and (2) students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment clarifies that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed amendment also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment will reduce costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science and students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the proposed rule have been provided to District Superintendents with the request that they distribute it to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts and to charter schools.

8. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy relating to State learning standards, State assessments, graduation and diploma requirements and higher levels of student achievement, and school and school district accountability. Accordingly, there is no need for a shorter review period. The proposed amendment clarifies that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed amendment also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment will reduce costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science and students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8.

The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 16. of the Notice of Emergency Adoption and Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to each of the 695 public school districts in the State, the 37 boards of cooperative educational services (BOCES) and to charter schools that are authorized to issue Regents diplomas with respect to State assessments and high school graduation and diploma requirements, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. At present, there is one charter school located in a rural area that is authorized to issue Regents diplomas.

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

The proposed amendment will not impose any additional compliance requirements. The proposed amendment provides flexibility to schools in the administration of the science intermediate assessment to: (1) students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science, and (2) students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment clarifies that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed amendment also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment will reduce costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science and students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8.

The proposed amendment imposes no additional professional service requirements.

3. COMPLIANCE COSTS:

The proposed amendment will not impose any additional costs. The proposed amendment provides flexibility to schools in the administration of the science intermediate assessment. The proposed amendment will reduce compliance requirements and costs by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment will not impose any additional compliance requirements or costs. The proposed amendment provides flexibility to schools in the administration of the science intermediate assessment to: (1) students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science, and (2) students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment clarifies that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed amendment also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment will reduce costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science and students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. Because the Regents policy upon which the proposed amendment is based applies to all school districts in the State and to charter schools authorized to issue Regents diplomas, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt schools in rural areas from coverage by the proposed amendment.

5. RURAL AREA PARTICIPATION:

The proposed amendment was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.

6. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement long-range Regents policy relating to State learning standards, State assessments, graduation and diploma requirements and higher levels of student achievement, and school and school district accountability. Accordingly, there is no need for a shorter review period. The proposed amendment clarifies that students attending grade 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment. The proposed amendment also provides that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8. The proposed amendment will reduce costs to school districts by providing a means to relieve students, teachers, and schools from having to prepare for multiple science assessments for students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science and students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8.

The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 16. of the Notice of Emergency Adoption and Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

The proposed amendment provides flexibility to school districts in the administration of the science intermediate assessment to: (1) students in grade 8 who receive Regents-level instruction in science and take Regents examinations in science, and (2) students who take the science intermediate assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8.

The proposed amendment relates to State learning standards, State assessments, graduation and diploma requirements, and higher levels of student achievement, and school and school district accountability, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.

The agency received no public comment since publication of the last assessment of public comment.