EMSC Committee

SUMMARY

Issue for Decision

Should the Board of Regents amend section 100.14 of the Regulations of the Commissioner, relating to the Excelsior Scholars Program, to clarify procedures for the nomination of eligible students by superintendents?

Reason(s) for Consideration

Review of policy.
             

Proposed Handling

This question will come before the EMSC Committee for approval at its November meeting.

Procedural History

The proposed amendment was discussed by the Committee at its October meeting.

Background Information

Education Law section 3641-a, as added by Chapter 57 of the Laws of 2007, provides that the Commissioner shall establish an Excelsior Scholars Program for grade seven mathematics and science students, and award grants on a competitive basis to public and independent colleges and universities to conduct summer programs providing advanced coursework in mathematics and science to students designated as Excelsior Scholars. Eligible students are nominated by their school district superintendent to be Excelsior Scholars and must have:

• completed seventh grade prior to the start of such summer program;
• demonstrated distinguished work in mathematics and science as determined by multiple measures, including, but not limited to:

• the student has maintained a grade point average of 90 or above in mathematics and science in grades five, six and seven; and
• has scored at level four on the state assessment in mathematics in grades five and six.

• received recommendations from at least one teacher of mathematics and at least one teacher of science who have taught such student in grades five, six and/or seven; and
• written consent from a parent or person in parental relation to participate in such summer program following completion of seventh grade.

              The proposed amendment is necessary to clarify procedures for the nomination of eligible students by school district superintendents. Subdivision (c) of section 100.14 provides that the superintendent may nominate up to 10 percent of a school's eligible grade seven students to participate in the programs.  However, in some districts there may be fewer than 10 eligible students.  As such, nominating one student would be nominating greater than 10 percent of the eligible students.  An amendment is necessary to clarify the nominating process to provide that in instances where a school district has fewer than 10 eligible students, the superintendent may nominate one such student.

              A Notice of Proposed Rule Making was published in the State Register on September 3, 2008.  The last day for receipt of public comment was October 20, 2008.   No comments were received. Supporting materials are available upon request from the Secretary to the Board of Regents.

Recommendation

Staff recommend that the Board of Regents take the following action:

VOTED:  That subdivision (c) of section 100.14 of the Regulations of the Commissioner of Education be amended, as submitted, effective December 11, 2008.

Timetable for Implementation

If adopted in November, the effective date of the proposed amendment will be December 11, 2008.

Attachment

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to Education Law sections 101, 207, 215, 305 and 3641-a.

              Subdivision (c) of section 100.14 of the Regulations of the Commissioner of Education is amended, effective December 11, 2008, as follows:

              (c)  The superintendent may nominate up to 10 percent of a school's eligible grade seven students to participate in the programs described in this section; provided that in school districts that have fewer than 10 eligible students, the superintendent may nominate one such student. The superintendent shall nominate equal numbers of male and female students, as practicable.