THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
The Honorable the Members of the Board of Regents |
FROM: |
Johanna Duncan-Poitier
|
COMMITTEE: |
Higher Education and Professional Practice |
TITLE OF
ITEM: |
Proposed Amendment to the Rules of the Board of Regents and the Regulations of the Commissioner of Education Relating to Requirements for the Conferral of a College Degree and the Home Instruction of Students of Compulsory Attendance Age and College Study |
DATE OF
SUBMISSION: |
July 30, 2004 |
PROPOSED
HANDLING: |
Approval (Consent Agenda) |
RATIONALE FOR
ITEM: |
To implement policy |
STRATEGIC
GOAL: |
Goal 1 |
AUTHORIZATION(S): |
|
SUMMARY:
Attached for
approval is a proposed amendment to section 3.47 of the Rules of the Board of
Regents and section 100.10 of the Regulations of the Commissioner of Education,
relating to requirements for the conferral of a college degree and the home
instruction of students of compulsory school age and college study. Supporting materials for the proposed
amendments are available upon request from the Secretary to the Board of
Regents.
The purpose of the proposed amendment is to establish alternatives to the requirement that a candidate for a college degree hold a high school diploma, repeal the requirement that a student must have completed at least a four-year high school course or its equivalent before beginning degree study, require students who seek to meet compulsory educational requirements through full-time college study to obtain the approval of the school district, and establish requirements relating to the home instruction of students of compulsory attendance age and college study.
At the March and May 2004 meetings of the Board of Regents, the Department reviewed recommendations for changes in section 3.47 relating to requirements for the conferral of a college degree for students who have not obtained a high school diploma or a high school equivalency diploma. Discussion centered on students who were instructed at home. Also discussed were proposed changes in section 100.10 relating to home instruction.
As amended, section 3.47 would include the
following recommended pathways for students who are beyond compulsory school
age* in order for them to receive a college
degree in New York State:
·
Possession of a high school diploma;
or
·
Receipt of a letter from the superintendent
of schools documenting equivalency of instruction to a high school program;
or
·
Receipt of a high school equivalency diploma;
or
·
Completion of 24 semester hours of college
coursework (i.e., 6 credits in English/Language Arts, 3 credits in Mathematics,
3 credits in Natural Sciences, 3 credits in Social Sciences, 3 credits in
Humanities, and 6 credits in courses within the registered program);
or
·
Possession of a previous college degree;
or
·
Passage of the five Regents examinations or
approved alternatives required for a high school diploma.
At the June 2004 Regents meeting, there was
further discussion of the proposed changes which included an adjustment to
section 3.47 relating to the preliminary requirements for college admission for
students subject to the compulsory educational requirements. The proposed
amendment was revised to relate only to those students of compulsory school age
studying full-time in college in lieu of attending high school. Prior to
enrolling, such students must submit to the college a valid and in effect
individualized home instruction plan (IHIP) that authorizes full-time college
study. Section 100.10 of
Commissioner’s Regulations was revised as well to relate only to students
seeking to meet compulsory educational requirements through full-time college
study.
The recommended revisions took into account and sought to accommodate comments and suggestions on the draft regulations received from members of the Board as well as from the general public and other interested parties. The attached Assessment of Public Comment was published in the State Register on July 14, 2004.
At the September Regents meeting, the
EMSC-VESID Committee is considering for approval an amendment to sections 8.2
and 8.3 of the Regents Rules pertaining to access to Regents examinations and to
section 100.7 of Commissioner’s Regulations pertaining to the 24-credit course
distribution needed to qualify for a high school equivalency diploma. These changes would help to implement
this proposed amendment by requiring principals of public schools to admit to
Regents examinations a candidate who is a school district resident and who seeks
to take such examinations for the purpose of meeting the requirements for an
earned degree pursuant to Regents Rule section 3.47(a)(2). It also changes the distribution of the
24-semester hours needed to satisfy high school equivalency diploma requirements
to be consistent with the 24-semester hour pathway that students beyond the
compulsory school age may use to demonstrate preliminary education for obtaining
a college degree.
I recommend that the Board of Regents take the following action:
VOTED: That subdivisions (a) and (b) of section 3.47 of the Rules of the Board of Regents be repealed and new subdivisions (a) and (b) be added; and that subdivision (d) of section 100.10 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 30, 2004.
Attachments
AMENDMENT TO THE RULES OF THE BOARD OF
REGENTS AND REGULATIONS OF THE COMMISSIONER OF
EDUCATION
Pursuant to sections 207, 210,
218, 224, 3204, 3205, 3210, 3212, and 3234 of the Education Law.
1.
Subdivisions (a) and (b) of section 3.47 of the Rules of the Board of
Regents are repealed and new subdivisions (a) and (b) are added, effective
September 30, 2004, as follows:
(a) General
requirements.
(1) No earned degree shall be conferred in
this State on any person who has not completed the program of study requisite to
such degree, which institution shall be authorized to confer the same. No earned undergraduate or graduate
degree shall be conferred unless the applicant has completed a program
registered by the department.
(2) No earned degree shall be conferred
unless the candidate has met the requirements of subparagraphs (i) or (ii) of
this paragraph.
(i) Candidates who are of compulsory
school age, pursuant to section 3205 of the Education Law or other requirement
of law, shall provide the degree-granting institution with satisfactory evidence
of meeting one of the following
requirements:
(a) holding a high school diploma;
or
(b) having completed the substantial
equivalent of a four-year high school course, as certified by the superintendent
of schools or comparable chief school administrator of the candidate's school
district of residence at the time such course was
completed.
(ii) Candidates who are beyond compulsory
school age, pursuant to section 3205 of the Education Law or other requirement
of law, shall provide the degree-granting institution with satisfactory evidence
of meeting one of the following
requirements:
(a) holding a high school diploma;
or
(b) having completed the substantial
equivalent of a four-year high school course, as certified by the superintendent
of schools or comparable chief school administrator of the candidate's school
district of residence at the time such course was completed;
or
(c) holding a New York State high school
equivalency diploma in accordance with the requirements of section 100.7 of this
Title, or a local high school equivalency diploma in accordance with the
requirements of section 100.8 of this Title, or a high school equivalency
diploma issued by another state of the United States or an authorized local
government of such state, or a high school equivalency diploma based on passing
the General Educational Development (GED) test or its successor examination, or
a high school equivalency diploma based upon completing requirements that are
substantially equivalent to the requirements for a New York State high school
equivalency diploma as prescribed in section 100.7 of this Title;
or
(d) having successfully completed 24 semester
hours or the equivalent as a recognized candidate for a college-level degree or
certificate at a degree-granting institution as defined in clause (e) of this
subparagraph, distributed as follows: six semester hours or the equivalent in
English language arts, including writing, speaking and reading
(literature); three semester hours
or the equivalent in mathematics; three semester hours or the equivalent in
natural sciences; three semester hours or the equivalent in social sciences;
three semester hours or the equivalent in humanities; and six semester hours or
the equivalent in any other courses within the registered degree or certificate
program, all as verified by the institution conferring the degree;
or
(e) having previously earned and been granted
a degree from a degree-granting institution accredited by an accrediting agency
approved by the United States Department of Education, pursuant to 20 USC 1099b;
or from a postsecondary institution authorized by the Board of Regents to confer
degrees; or from a degree-granting institution located in a jurisdiction outside
the United States that is approved, authorized, or recognized by the
jurisdiction's ministry of education or other governmental agency responsible
for higher education; or
(f) having passed and successfully completed
all requirements for the following Regents examinations or the approved
alternative assessments for these examinations, pursuant to section 100.2(f) of
this Title: the Regents Comprehensive Examination in English, the Regents
examination in mathematics, the Regents examination in United States history and
government, a Regents examination in science, and the Regents examination in
global history and geography. For
purposes of this clause, the passing score on the Regents examinations shall be
65 or, where applicable, a score of 55-64 as determined by the school district
of residence, pursuant to section 100.5(a)(5)(i) of this Title.
(b) Preliminary requirement. Prior to enrolling, a student who seeks
to meet the compulsory educational requirements of Education Law section 3205
through full-time study at a degree-granting institution, meaning enrollment for
at least 12 semester hours in a semester or its equivalent, shall submit to the
institution a valid and in effect individualized home instruction plan (IHIP),
pursuant to section 100.10 of this Title, that authorizes such full-time
study.
2. Subdivision (d) of section 100.10 of the
Regulations of the Commissioner of Education is amended, effective September 30,
2004, as follows:
(d) Content of individualized
home instruction plan (IHIP). Each
child's IHIP shall contain:
(1) . . .
(2) . . .
(3) the dates for submission to
the school district of the parents' quarterly reports as required in subdivision
(g) of this section. These reports
shall be spaced in even and logical periods;
[and]
(4) the names of the individuals
providing instruction; and
(5) a
statement that the child will be meeting the compulsory educational requirements
of Education Law section 3205 through full-time study at a degree-granting
institution, meaning enrollment for at least 12 semester hours in a semester or
its equivalent, if that is the case.
In this situation, the IHIP shall identify the degree-granting
institution and the subjects to be covered by that study.
PROPOSED REPEAL AND PROMULGATION OF
SUBDIVISIONS (a) and (b) OF SECTION 3.47 OF THE RULES OF THE BOARD OF REGENTS
AND AMENDMENT TO SUBDIVISION (d) of SECTION 100.10 OF THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 210, 218, 224, 3204, 3205,
3210, 3212 AND 3234 OF THE EDUCATION LAW RELATING TO REQUIREMENTS FOR THE
CONFERRAL OF A COLLEGE DEGREE AND THE HOME INSTRUCTION OF STUDENTS OF COMPULSORY
ATTENDANCE AGE AND COLLEGE STUDY
ASSESSMENT OF ISSUES RAISED BY PUBLIC
COMMENT
Since publication of the
proposed rule in the State Register on March 3, 2004, the State Education
Department (SED) received the following
comments:
COMMENT: The present home instruction process
works effectively and the regulation is not needed.
RESPONSE: The regulation is needed to permit
students beyond compulsory school age to demonstrate preliminary education to
qualify for a college degree, through a variety of means: high school diploma, certification of
the superintendent of completion of the substantial equivalent of a four-year
high school program, high school equivalency diploma, completion of specified
college coursework, previous earned college degree, or passing five Regents
examinations. The regulation
establishes a reasonable and flexible standard for demonstrating this
preliminary education.
The regulation is also needed to ensure that
students subject to compulsory education requirements and seeking to meet those
requirements through full-time college study have the approval of the school
district through an Individualized Home Instruction Plan (IHIP).
COMMENT: The regulation would create
additional opportunities for home school students to be eligible for a college
degree without ensuring that the student has obtained a high school diploma or
its equivalent.
RESPONSE: The regulation provides a reasonable
standard for a college student to demonstrate preliminary education before the
student may receive a college degree.
Students of compulsory school age must demonstrate that they hold a high
school diploma or have completed the substantial equivalent of a four-year high
school course through a certification by the superintendent of schools. Students beyond compulsory school age
are offered five alternatives for demonstrating the preliminary education, as
specified above.
COMMENT: The current restrictions on student
access to college programs should be removed. College courses should be open to any
student who is ready to benefit from
college.
RESPONSE: The amendment actually eases regulatory
requirements for admission to college by deleting the requirement that students
must have completed a four-year high school course or its equivalent before
beginning degree study. SED
does not believe this requirement necessary because Commissioner's regulations
already require colleges to take into account the capacity of the student to
undertake the programs of study, prior to admission. Also, the change resolves a
conflict in the regulations.
Commissioner's regulations section 100.7 permits a student to earn a high
school equivalency diploma through college study.
COMMENT: The regulation provides no options
for students who cannot or will not obtain either the GED or the certification
from their local school district, particularly those who are of compulsory
school age. An alternative route
should be provided that does not force superintendents to get involved, such as
standardized test scores.
RESPONSE: Students beyond compulsory school
age may show preliminary education for obtaining a college degree through five
options. (The regulation has been
revised to add the fifth, passing five Regents examinations.) Students who are of compulsory school
age must show that they hold a high school diploma or have completed the
substantial equivalent of a four-year high school course of study before they
may obtain a college degree because they are required by law to be in high
school or home schooled unless they have already completed their high school
course of study.
COMMENT: My understanding is that a student
will never be allowed to graduate from a college in New York without passing the
GED.
RESPONSE: The comment is mistaken. The regulation expands the options for
demonstrating preliminary education in order to qualify for a college
degree. A student need not pass the
GED, as suggested. Students beyond compulsory school age may also show
preliminary education through completion specified college course work, passing
five Regents examinations, and having previously earned a degree.
COMMENT: Practically, school districts do not
have the ability to certify that home instruction is equivalent to a high school
course of study. School districts
do not have the authority to oversee home
instruction.
RESPONSE: Education Law sections 3204(2) and
3210(2)(d) require that instruction given to a minor elsewhere than at a public
school shall be substantially equivalent to instruction given in the public
school. Section 100.10 of
Commissioner's regulations requires a school district to review and approve the
instructional plan (IHIP) of students of compulsory school age in meeting its
responsibility of determining substantial equivalence of instruction being
provided at home to students of compulsory school age. For students of compulsory school age,
the superintendent has responsibility for determining whether the students have
achieved the substantial equivalent of a four-year high school course of
study.
COMMENT: The superintendent's certification as to
the completion of the equivalent of a four-year high school course should
certify to the "substantial
equivalent" rather than the "equivalent".
RESPONSE: In response to this comment, the
regulation has been revised to use the phrase "substantially equivalent" for the
certification by the superintendent.
COMMENT: Home school regulations should be
brought into alignment with the Regents higher standards by requiring that home
school students pass the required Regents
assessments.
RESPONSE: Education Law sections 3204(2) and
3210(2)(d) require that instruction given to a minor elsewhere than at a public
school shall be substantially equivalent to instruction given in the public
school. Section 100.10 of
Commissioner's regulations require superintendents to review and approve the
IHIP of students of compulsory school age, based upon standards in that
regulation, and requires parents file an annual assessment showing their child's
progress. SED does not believe
additional changes in the requirements for home schooled students is
warranted.
COMMENT: SED should allow home-schooled students
to take Regents level examinations.
RESPONSE: The regulation, as revised, permits a
student who is beyond compulsory school age to demonstrate preliminary education
through passing five specified Regents examinations. A coordinating regulation is planned to
require school districts to permit district residents who are not students in
schools of the district to take the Regents
examinations.
COMMENT: The regulation discriminates against
home schooled students because it requires them: to complete programs that are
registered by SED; obtain permission from the superintendent before they are
allowed to take college courses, and obtain certification from a superintendent
in lieu of a Regents diploma or GED.
Requiring superintendent's approval to take college courses is burdensome
to school districts and colleges.
RESPONSE: The comment is mistaken. First, the reference to registered
programs in the regulations refers to college degree programs. All such programs must be registered
with SED, pursuant to Part 52 of the Commissioner's regulations. Second, the regulation originally
required the superintendent's approval when any student of compulsory school age
wanted to take a college course during the normal instructional year or hours of
session of the public school. The
regulation has been revised to require school district approval only when the
student is seeking to meet compulsory education requirements through full-time
college study. This requirement is
reasonable and ensures that students are meeting the compulsory education
requirements. It will not be overly
burdensome on school districts or colleges because few students will be meeting
compulsory education requirements through full-time college study. Third, the
regulation requires students of compulsory school age to have a high school
diploma or demonstrate completion of the substantial equivalent of a four-year
high school program through the superintendent's certification before they may
obtain a college degree. Students
beyond compulsory school age may show preliminary education through five
alternatives.
COMMENT: The regulation discriminates against
home-schooled students because it requires them to have a GED for matriculation
or admission to college. The GED
carries a stigma. We urge the
adoption of a new regulation that would use the student's SAT or ACT scores and
a self-certified transcript and diploma as proof of high school graduation.
RESPONSE: The comment is mistaken. The regulation actually removes the
requirement in Regents Rules that the student must complete a four-year high
school course or its equivalent before beginning the course of study for a
degree. However, there is a
separate requirement in Education Law section 661(4)(c) that requires a student
to have a certificate of graduation from a secondary school or the recognized
equivalent of such certificate or have passed a Federally approved ability to
benefit test in order to qualify for State student financial aid. The regulation at issue does not
implement that requirement.
Instead of prescribing college admission
requirements, the regulation prescribes requirements before a college degree may
be conferred on a student, ensuring a preliminary education. Students of compulsory school age
must show that they have completed a four-year high school course because the
law requires them to be meeting the compulsory education requirements through
high school attendance or home schooling unless they have already completed a
four-year high school course of study. Students beyond
compulsory school age are given the opportunity to show this preliminary
education through five alternatives.
The regulation provides such students who believe that there is a stigma
associated with the GED with alternative means for showing a preliminary
education.
COMMENT: College enrollment
deadlines and IHIP schedules are not in sync. The need for an approval letter to
register for college courses will impose cumbersome logistical problems on
parents and superintendents.
RESPONSE: As revised, the regulations will require
students who seek to meet compulsory education requirements through full-time
college study to include that intention in their IHIP. This requirement is expected to affect
few students, and SED will provide guidance to school districts on how to handle
the expeditious approval of the IHIP in these
situations.
COMMENT: The requirement that the IHIP
contain a description of the college subjects that will be studied by the home
instructed student in the school year is unreasonable because students may not
know this when preparing the IHIP.
RESPONSE: The requirement, as
revised, only applies to students seeking to meet the compulsory education
requirements through full-time college study. It is not unreasonable to require such
students to specify in their IHIP the subjects to be covered by that
study.
COMMENT: The regulation will drive well qualified
home instructed students to other states for their college
study.
RESPONSE: The regulation will provide additional
flexibility for demonstrating preliminary education, and will in fact make it
easier for home-schooled students to demonstrate such education.
COMMENT: SED is an
administrative body and has overstepped its authority. These matters should be
addressed by the legislature, not be appointed
officials.
RESPONSE: SED has statutory authority to establish in regulation requirements for college degrees and for the education of students of compulsory school age, the subject of the regulation.
* Compulsory school age is from age 6 to the end of the school year when a student turns 16 (17 in New York City).