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Standards and Instruction

Part 100 Regulations of the Commissioner of Education

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General School Requirements Related to Standards and Instruction (Section 100.2)

The general school requirements are outlined in Section 100.2 of the Regulations of the Commissioner of Education. The requirements below relate to instruction in all public elementary, middle, and secondary schools.

Only topics under the purview of the Office of Standards and Instruction are included below.Readers are advised to consult, published by the Department of State, and thefor the official exposition of the full text of section 100.2 of the Regulations of the Commissioner of Education, as well as for amendments and any subsequent changes or revisions thereto.

Disclaimer

These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial, and are presented for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are current, complete and accurate. These regulations are subject to change on a regular basis. Readers are advised to consult, published by the Department of State, and thefor the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.

  1. Administration of elementary and secondary schools
  2. State syllabi
  3. Instruction in certain subjects
  4. World Language requirements
  5. Availability of Regents diploma and courses
  6. Use of alternative and pathway assessments
  1. Availability of CTE and arts sequences
  1. High school program offerings
  2. Transfer students screening
  3. Students with disabilities
  1. Virtual instruction and blended instruction
  1. Credit for BOCES programs
  1. Academic intervention services (AIS)
  1. Promotion and placement policies and advanced coursework
  1. Pathway assessments in CTE and in the arts
  1. Graduation ceremony participation policy
  1. District Responsibility for the Issuance of Diploma

  1. Administration of elementary and secondary schools. The board of education of each school district shall employ and assign to each school under its supervision a full-time principal holding the appropriate certification as required pursuant to section 80.4(b) of this Title. Upon the submission of evidence that there are circumstances which do not justify the assignment of a principal to a particular school, or that another mode of building administration would be more effective, the commissioner may approve an alternative mode of building administration. Within the policy guidelines of the board of education of the school district and under the direction of the superintendent, each principal shall provide leadership in the development of the educational program in the school to which he or she is assigned, including the supervision and administration of the school program, involvement with the selection and retention of staff, professional consultation, direction and assistance to the faculty and students of the school, and fostering effective home/school/community partnerships.
  2. State syllabi. In grades kindergarten through 12, the use of a State syllabus, where available, is recommended for all subjects. The use of a State syllabus may be required for individual schools identified pursuant to paragraph (m)(3) of this section as being in need of assistance, and shall be used to the extent specified in section 100.5(a)(7)-(8), (b)(6) and (d)(3)(ii) of this Part.
  3. Instruction in certain subjects. Pursuant to articles 2, 17 and 65 of the Education Law, instruction in certain subjects in elementary and secondary school shall be provided as follows:
    1. for all students, instruction in patriotism and citizenship, as required by section 801 of the Education Law;
    2. for all public school students, instruction that supports development of a school environment free of harassment, bullying and/or discrimination as required by the Dignity For All Students Act (article 2 of the Education Law), with an emphasis on discouraging acts of harassment, bullying, and/or discrimination, including but not limited to instruction that raises students’ awareness and sensitivity to harassment, bullying, and/or discrimination based on a person’s actual or perceived race as defined in Education Law section 11(9), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex, and instruction in the safe, responsible use of the Internet and electronic communications; provided that in public schools other than charter schools, such instruction shall be provided as part of a component on civility, citizenship and character education in accordance with section 801-a of the Education Law;
    3. for all students in the 8th and higher grades, instruction in the history, meaning, significance and effect of the provisions of the Constitution of the United States and the amendments thereto, the Declaration of Independence, the Constitution of the State of New York and the amendments thereto, as required by section 801 of the Education Law;
    4. for all students, health education regarding alcohol, drugs and tobacco abuse, as required by section 804 of the Education Law;
    5. for all students, instruction in highway safety and traffic regulation, as required by section 806 of the Education Law;
    6. for all students, instruction in fire drills and in fire and arson prevention, injury prevention and life safety education, as required by sections 807 and 808 of the Education Law. Such course of instruction shall include materials to educate children on the dangers of falsely reporting a criminal incident or impending explosion or fire emergency involving danger to life or property or impending catastrophe, or a life safety emergency;
    7. for all students in grades 1 through 8, instruction in New York State history and civics as required by section 3204(3) of the Education Law;
    8. for public school students, instruction relating to the flag and certain legal holidays, as required by section 802 of the Education Law;
    9. for all public elementary school students, instruction in the humane treatment of animals and birds, as required by section 809 of the Education Law; and
    10. for all public school students, instruction relating to the conservation of the natural resources of the State, as required by section 810 of the Education Law.
    11. Students in senior high schools shall be provided instruction in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator.
      1. Standards for such instruction shall be based on a nationally recognized instructional program that utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care issued by the American Heart Association or a substantially equivalent organization and be consistent with the requirements of the programs adopted by the American Heart Association or the American Red Cross, and shall incorporate instruction designed to:
        1. recognize the signs of a possible cardiac arrest and to call 911;
        2. provide an opportunity to demonstrate the psychomotor skills necessary to perform hands-only compression cardiopulmonary resuscitation; and
        3. provide awareness in the use of an automated external defibrillator.
      2. Nothing in this paragraph shall prohibit a voluntary course of instruction in comprehensive cardiopulmonary resuscitation provided by a properly certified instructor in cardiopulmonary resuscitation which results in a certificate pursuant to the provisions of Education Law section 804-c. Students who receive such instruction in comprehensive cardiopulmonary resuscitation pursuant to the provisions of Education Law section 804-c shall be deemed to meet the requirements of this paragraph.
      3. Nothing in this paragraph relating to required instruction in hands-only cardiopulmonary resuscitation and instruction in the use of an automated external defibrillator shall require a licensed teacher to possess certification for such instruction that does not result in certification in cardiopulmonary resuscitation or certification in the operation of an automated external defibrillator and in its instruction.
      4. A student identified with a disability that precludes his or her ability to participate in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator may be exempted from the instruction requirement in this paragraph if the student’s individualized education program developed in accordance with section 200.4 of this Title or accommodation plan developed pursuant to section 504 of the Rehabilitation Act of 1973 states that the student is physically or cognitively unable to perform the tasks included in the instruction.
      5. Notwithstanding the provisions of this subdivision, senior high schools shall be exempted from providing an opportunity to students to demonstrate the psychomotor skills necessary to perform hands-only compression cardiopulmonary resuscitation required by this paragraph:
        1. for the 2019-2020 school year where such schools were unable to provide such opportunity due to school closures ordered pursuant to an Executive Order of the Governor pursuant to a State of emergency for the COVID-19 crisis; and
        2. for the 2020-2021 school year where such schools were unable to provide such opportunity as a result of providing remote or hybrid instruction during the COVID-19 crisis.
    12. for all public school students in grades kindergarten through 8, instruction designed to educate students, parents, teachers, and other school personnel about the prevention of child sexual exploitation and child sexual abuse in accordance with section 803-b of the Education Law. Such instruction may be included as part of a school’s health education program pursuant to section 135.3 of this Title. Curriculum addressing this topic should be developed in consultation with school counselors, school social workers, school psychologists, parents and community members and shall be designed to:
      1. assist children, parents, teachers, and other school personnel in identifying child sexual abuse and child sexual exploitation;
      2. provide awareness, assistance, referral, and resource information for children and families who are victims of child sexual abuse and/or child sexual exploitation; and
      3. be aligned to grade band objectives prescribed by the commissioner in guidance.
  4. World language requirements.
    1. Public school students first entering grade nine in 1988 or 1989 shall have completed at least one unit of study in a world language at some time during grades kindergarten through nine. Public school students first entering grade nine in 1990 and thereafter shall have completed at least two units of study in a world language at some time during grades kindergarten through nine. Such requirements shall be met subject to the following provisions:
      1. Such unit of study requirements in a world language may be in more than one language, provided that at least one half of the required units of study shall be in a single language.
      2. Such unit of study requirements in a language other than English shall be offered in segments of not less than a half unit of study per school year.
      3. A student identified as having a disability which adversely affects the ability to learn a language may be exempted from the requirements set forth in this paragraph if the student's individualized education program, developed in accordance with section 200.4 of this Title states that such requirements are not appropriate.
      4. A student may be exempted from such unit of study requirements in a world language by passing an approved second language proficiency examination, as defined in section 100.1(j) of this Part.
      5. For the 2019-20 school year a student may be exempted from such unit of study requirements in a world language where a student is unable to complete such requirements due to a school being closed pursuant to an Executive Order(s) of the Governor pursuant to the State of emergency for the COVID-19 crisis where such student otherwise achieves the learning outcomes for the portion of such unit of study completed.
    2. Public school districts may commence language other than English instruction at any grade level prior to grade 8 but shall do so no later than the beginning of grade 8 so that students are provided the required two units of study by the end of grade nine.
    3. Beginning in May 1989, all students entering grade nine prior to the 2001-2002 school year who passed an approved second language proficiency examination shall be awarded the first unit of credit in a world language, unless the student has already been awarded such first unit of credit in a language other than English, as set forth in section 100.1(b) of this Part.
    4. Public school students first entering grade nine in the 2001-2002 school year and thereafter shall earn at least one unit of credit in a world language, as defined in section 100.1(b) of this Part, in order to complete the world languages requirement for a high school diploma. Students may earn one unit of credit by having passed the State second language proficiency assessment, when available.
    5. Beginning in the 2010-2011 school year, students enrolled in grades eight or earlier may be granted one unit of credit by successfully completing two units of study in a language other than English and passing a locally developed test, both of which are aligned to the checkpoint A learning standards for languages other than English, which has been approved for high school credit by the public school district superintendent or the chief administrative officer of a registered charter or nonpublic high school provided, however, that for the 2019-2020 school year, the August 2020 summer school session, the 2020-2021 school year and the August 2021 summer school session due to the COVID-19 crisis, where a principal, in consultation with relevant faculty, determines that a student has met the standards assessed in the provided coursework leading to the checkpoint A locally developed test, the district may choose to waive the test requirement and grant such student one unit of credit.Where the test requirement has been waived no score shall be recorded on a student’s transcript or permanent record for such test.
  5. Availability of Regents diploma and courses. Each public school district shall offer students attending its schools the opportunity to meet all the requirements for and receive a Regents high school diploma. Students shall have the opportunity to take Regents courses in grades 9 through 12 and, when appropriate, in grade 8.
  6. Use of alternative and pathway assessments.
    1. Alternative assessments. With the approval of the commissioner, assessments which measure an equivalent level of knowledge and skill may be substituted for the assessments specified in this Part. Alternative assessments for the Regents examinations for global history and geography, global history and geography II (1750 to present), United States history and government, comprehensive English and English Language Arts (Common Core), mathematics, mathematics (Common Core), and the sciences shall meet the following conditions and criteria:
      1. alternative assessments shall measure the State learning standards for the respective content area;
      2. alternative assessments shall be at least as rigorous as the corresponding required State assessment;
      3. alternative assessments shall be consistent with technical criteria for validity, reliability, and fairness in testing;
      4. alternative assessments shall be developed by an entity other than a local school or school district;
      5. alternative assessments shall be available for use by any school or school district in New York State; and
      6. alternative assessments shall be administered under secure conditions approved by the commissioner.
    2. Pathway assessments. With the approval of the commissioner, pathway assessments which measure an equivalent level of knowledge and skill may be substituted for the assessments specified in this Part. Notwithstanding the requirements of subdivision (d) of this section and section 100.5(b)(7)(v)(c) of this Part, any examination that is used to satisfy the pathway assessment graduation requirements in section 100.5(a)(5)(i)(f) of this Part, other than those specifically enumerated in subdivision (mm) of this section relating to pathway assessments in career and technical education, world languages and in the arts shall meet the conditions and criteria set forth in subparagraphs (1)(i) through (vi) of this subdivision.
  1. Availability of career and technical education and arts sequences.
    1. All public school districts shall offer students the opportunity to complete a three- or five-unit sequence in each of the following areas: career and technical education and the arts.
    2. All public school districts shall offer students the opportunity to begin an approved sequence in the arts in grade nine.
    3. All public school districts shall offer students the opportunity to begin an approved career and technical education sequence in grade nine. Only those career and technical education sequences which have been approved by the commissioner may be used to fulfill the requirements for a diploma set forth in section 100.5 of this Part.
    4. For students first entering grade nine in 1985 and thereafter, each approved career and technical education sequence shall include a minimum of one unit of credit in introduction to occupations, to be offered at any point in the sequence.
    5. For students first entering grade nine in 1988 and thereafter, approved sequences of three units of credit in a career and technical education subject shall be so organized that they may be extended into approved sequences of five units of credit or more without loss of credit.
    6. For students first entering grade nine in 1988 and thereafter, approved sequences of five units of credit or more in career and technical education shall prepare students for both employment and postsecondary education and shall be satisfactory to the commissioner.
    7. All public school districts shall offer students the opportunity to meet the learning standards in technology. Districts shall choose one or more options to meet this requirement pursuant to section 100.5 of this Part.
  1. High school program offerings.
    1. School districts shall make available to their students all the options for earning a diploma, which are specified in section 100.5 of this Part. Sufficient instruction shall be provided to meet all the State learning standards.
    2. Advanced courses which convey credit toward a high school diploma and also convey higher education credit may be made available through arrangements with higher education institutions.
    3. A public school district shall not impose any charge or fee on students for any instruction or program required by this Part and leading to a high school diploma.
  2. Transfer students screening. In addition to the diagnostic screening required pursuant to section 117.3 of this Title, students entering the New York State school system for the first time, or reentering the New York State school system with no available records, shall be screened to determine the need for academic intervention services. The principal shall determine each such student's need for academic intervention services by administering a State-developed or State-approved assessment or by reviewing such student's transcript, where available, or by use of a district-wide screening procedure applied uniformly across each grade.
  3. Students with disabilities.
    1. Each student with a disability, as such term is defined in section 200.1(cc) of this Title, shall have access to the full range of programs and services set forth in this Part to the extent that such programs and services are appropriate to such student's special educational needs.
    2. Instructional techniques and materials used by schools shall be modified to the extent appropriate to provide the opportunity for students with disabilities to meet diploma requirements. At each annual review of a student's individualized education program, the committee on special education shall consider the appropriateness of such modifications.
  1. Virtual instruction and blended instruction.
    1. Parents, or persons in parental relation of a student, or a student that is 18 years or older, other than a student with a disability as defined in section 200.1(zz) of this Chapter, or a student who is an emancipated minor, who is enrolled in a school district, a board of cooperative educational services (BOCES), charter school, registered nonpublic school, or educational program operated by a state-operated or state supported school pursuant to Articles 85, 87 and 88 of the Education Law, private residential or non-residential school for the education of students with disabilities approved pursuant to Article 89 of the Education Law or operating under Article 81 of the Education Law, or educational program administered or supervised by a state agency pursuant to Education Law §§ 112 and 3202(f) and Parts 116 and 118 of this Title may opt-in to receive virtual instruction and/or blended instruction if such instruction is offered.
    2. A school district, BOCES, registered nonpublic school, charter school, or educational program operated by a state-operated, state supported, or approved private school for the education of students with disabilities, or administered or supervised by a state agency, that offers virtual instruction and/or blended instruction shall ensure that students enrolled in such instruction have the digital, internet-connected technology and internet access necessary to receive and participate in such instruction.
    3. The school district, BOCES, registered nonpublic school, charter school, or the chief administrator of an educational program operated by a state-operated, state-supported, or approved private school for the education of students with disabilities, or administered or supervised by a state agency shall ensure that virtual instruction and blended instruction:
      1. align with the applicable New York State learning standards as prescribed in subdivision (t) of section 100.1 of this Part;
      2. are provided in accordance with enrolled students' individualized education programs to ensure the continued provision of a free appropriate public education;
      3. provide for documentation of student mastery of the learning outcomes;
      4. are provided in a manner consistent with the definitions of such terms pursuant to subdivisions (y) and (z) of section of this Part, as applicable; and
      5. satisfy the unit of study and unit of credit requirements in subdivisions (a) and (b) of section 100.1of this Part, as applicable.

      1. Virtual instruction and blended instruction must be provided by:
        1. an appropriately certified teacher from the school district in which the student is enrolled;
        2. an appropriately certified teacher from a BOCES that has contracted with the school district to provide instruction in the subject area where authorized pursuant to Education Law section 1950;
        3. an appropriately certified teacher from a school district who provides instruction in the subject area under a shared service agreement;
        4. in the case of a registered nonpublic school, a teacher of the subject area from a registered nonpublic school;
        5. in the case of a charter school, a teacher of the subject area from a charter school;
        6. in the case of an educational program administered by a state agency, a teacher of the subject area from such program; or
        7. in the case of an approved private school for school-age students with disabilities, state-supported or state-operated school, a teacher of the subject area from such school.
      2. For purposes of this paragraph, appropriately certified teacher means a teacher who holds a New York State teaching certificate in the subject area in which instruction is provided.
    5. A student with a disability as defined in section 200.1(zz) of this Chapter who is receiving virtual instruction and/or blended instruction shall continue to receive educational services so as to enable the student to receive a free appropriate public education.
  1. Credit for BOCES programs.
    1. Each board of cooperative educational services (BOCES) shall determine the number of units of credit that will be earned by students successfully completing units of study in each of the instructional programs of the BOCES. The number of units of credit that may be earned for each program shall be determined after consultation with boards of education of the component school districts.
    2. In awarding credit toward a Regents or a local high school diploma, boards of education shall award to students who have successfully completed a BOCES program the number of units of credit determined by the BOCES pursuant to paragraph (1) of this subdivision.
    3. Where a student successfully completes the requirements for a technical endorsement to a diploma as part of an approved career and technical education program offered by a board of cooperative educational services pursuant to section 100.5(d)(6)(v) of this Part, a board of education shall affix such endorsement to the diploma awarded to such student.
  1. Academic intervention services.
    1. Requirements for providing academic intervention services (AIS) in kindergarten to grade two. Schools shall provide academic intervention services to students in kindergarten to grade two when such students:
      1. are determined, through a district-developed or district-adopted procedure that meets State criteria and is applied uniformly at each grade level, to lack reading readiness based on an appraisal of the student, including his/her knowledge of sounds and letters; or
      2. are determined, through a district-developed or district-adopted procedure applied uniformly at each grade level, to be at risk of not achieving the State designated performance level in English language arts and/or mathematics. This district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.
    2. Requirements for providing academic intervention services in grade three to grade eight.
      1. For the 2016-17, 2017-18, and 2018-2019 school years, schools shall provide academic intervention services following a two-step identification process:
        1. First, students who score below a median scale score between a level 2/partially proficient and a level 3/proficient on a grade 3-8 English language arts or mathematics State assessment as determined by the Commissioner, shall be considered for academic intervention services. Students scoring at or above the median scale score determined by the Commissioner but below a level 3/proficient score shall not be required to receive academic intervention services unless the school district, in its discretion, determines that such services are needed.
        2. Districts shall then use a district-developed procedure, to be applied uniformly at each grade level, for determining which students identified in clause (a) shall receive academic intervention services after it considers a student's scores on multiple measures of student performance, which may include, but need not be limited to, one or more of the following measures, as determined by the district:
          1. developmental reading assessments for grades kindergarten through grade 6;
          2. New York State English as a Second Language Achievement Test (NYSESLAT);
          3. benchmark and lesson-embedded assessments for reading and mathematics in grades kindergarten through grade 6 based on teacher designed and selected assessments;
          4. common formative assessments that provide information about students' skills;
          5. unit and lesson assessments for English language arts, mathematics, science, social studies and languages other than English for grades 7 through 8; and/or
          6. results of psychoeducational evaluations based on a variety of assessments and inventories.
        3. Each school district shall develop and maintain its policies for providing academic intervention services no later than September 1 of each school year and shall either post its policies to its website or distribute to parents in writing a description of such process, including a description of which student performance measures and scores on such measures will be utilized to determine eligibility for academic intervention services.
        4. Schools shall also provide academic intervention services to students who are English Language Learners and are determined, through a district-developed or district-adopted procedure uniformly applied to English Language Learner students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disability pursuant to Part 117 of this Title.
        5. Schools shall also provide academic intervention services to students who are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible identification as an English Language Learner or for possible disability pursuant to Part 117 of this Title.
      2. Commencing with the 2019-20 school year and each school year thereafter, schools shall provide academic intervention services following a two-step identification process:
        1. First, all students performing at or below a certain scale score, established through a standard setting process conducted by the Department, on one or more of the State elementary assessments in English language arts or mathematics shall be considered for academic intervention services. The standard setting process shall include a panel of educators, including teachers, principals and other school personnel. Students scoring at or above the scale score established by the standard setting panel and approved by the Commissioner shall not be required to receive academic intervention services unless the school district, in its discretion, determines that such services are needed.
        2. Districts shall then use a district-developed procedure, to be applied uniformly at each grade level, for determining which students identified in clause (a) of this subparagraph shall receive academic intervention services after it considers a student's scores on multiple measures of student performance, which may include, but need not be limited to, one or more of the following measures, as determined by the district:
          1. developmental reading assessments for grades kindergarten through grade 6;
          2. New York State English as a Second Language Achievement Test (NYSESLAT);
          3. benchmark and lesson-embedded assessments for reading and mathematics in grades kindergarten through grade 6 based on teacher designed and selected assessments;
          4. common formative assessments that provide information about students' skills;
          5. unit and lesson assessments for ELA, mathematics, science, social studies and world languages for grades 7 through 8; and/or
          6. results of psychoeducational evaluations based on a variety of assessments and inventories.
        3. Each school district shall develop and maintain its policies for providing academic services during the 2019-2020 school year and each school year thereafter no later than September 1, 2019 and each September thereafter and shall either post its policies to its website or distribute to parents in writing a description of such process, including a description of which student performance measures and scores on such measures will be utilized to determine eligibility for academic intervention services.
        4. Schools shall also provide academic intervention services to students who are English Language Learners and are determined, through a district-developed or district-adopted procedure uniformly applied to English Language Learner students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disabilities pursuant to Part 117 of this Title; or
        5. Schools shall also provide academic intervention services to students who are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible identification as an English Language Learner or for possible disability pursuant to Part 117 of this Title.
        6. Notwithstanding any other provision of this subparagraph:
          1. Schools shall not be required to conduct the two-step identification process prescribed in clauses (a) and (b) of this subparagraph for school years in which the results of the grades 3-8 assessments are not provided to schools prior to the beginning of such school year. In such school years, schools may, but are not required to, conduct the two-step identification process prescribed in clauses (a) and (b) of this subparagraph.
          2. For all students who will be enrolled in grades 3 through 8 during a school year where the two-step identification process is not required pursuant to subclause (i) of this clause, schools which opt not to conduct the two-step identification process prescribed in clauses (a) and (b) of this subparagraph shall make such identification based solely on the district-developed procedures prescribed in clauses (b), (d) and (e) of this subparagraph.
    3. Requirements for providing academic intervention services in grade 9 to grade 12. Schools shall provide academic intervention services when students:
      1. score below:
        1. the State designated performance level on one or more of the State intermediate assessments in English language arts, mathematics or science; and/or
        2. the State designated performance level on a State intermediate assessment in social studies administered prior to the 2010-2011 school year; provided that beginning in the 2010-2011 school year, at which time a State intermediate assessment in social studies shall no longer be administered, a school shall provide academic intervention services when students are determined to be at risk of not achieving State learning standards in social studies pursuant to subparagraph (iii) of this paragraph; and/or
        3. the State designated performance level on any one of the State examinations in English language arts, mathematics, social studies or science that are required for graduation;
      2. are limited English proficient (LEP) and are determined, through a district-developed or district-adopted procedure uniformly applied to LEP students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible disability pursuant to Part 117 of this Title; or
      3. are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.
    4. Description of academic intervention services.
      1. By July 1, 2000, a school district shall develop a description of academic intervention instructional and/or student support services to be provided in schools to students in need of such services pursuant to paragraphs (1), (2) and (3) of this subdivision. The description shall include any variations in services in schools within the district, and shall specifically describe:
        1. the district-wide procedure(s) used to determine the need for academic intervention services;
        2. academic intervention instructional and/or student support services to be provided pursuant to paragraph (5) of this subdivision;
        3. whether instructional services and/or student support services are offered during the regular school day or during an extended school day or year; and
        4. the criteria for ending services, including, if appropriate, performance levels that students must obtain on district-selected assessments.
      2. The description of academic intervention services shall be approved by each local board of education by July 1, 2000. In the New York City School District, the New York City Board of Education may designate that the plans be approved by the chancellor or his designee or by community school boards for those schools under their jurisdiction. Beginning July 1, 2002 and every two years thereafter, each school district shall review and revise its description of academic intervention services based on student performance results; except that this requirement shall not apply to student performance results for the 2010-2011 school year, which shall be excluded from such review.
      3. In lieu of a separate description of academic intervention services, the district may incorporate the description of academic intervention services into a comprehensive district education plan. In this instance, the preparation date for the description of academic intervention services shall conform to the date of the preparation of the comprehensive district education plan.
      4. Based on performance criteria established by the commissioner, certain school districts may be required to submit their description of academic intervention services for specific schools to the department for review and approval.
    5. Provision of academic intervention services.
      1. School districts may use time available for academic intervention instructional and/or student support services during the regular school day.
      2. School districts may provide students with extended academic time beyond the regular school day and school year.
      3. In public schools, academic intervention instructional and/or support services shall be provided by qualified staff who are appropriately certified pursuant to Part 80 of this Title.
      4. Beginning September 1, 2000, academic intervention instructional and/or student support services shall commence no later than the beginning of the semester following a determination that a student needs such services. Services shall continue until a student's performance:
        1. meets or exceeds the State designated performance level on the next State assessment; or
        2. is shown to be likely to meet or exceed the State designated performance level on the next State assessment through achievement on the district-selected assessments of the levels specified in the district description of academic intervention services pursuant to paragraph (4) of this subdivision.
    6. Parental notification and involvement.
      1. Notification of commencement of services. The parent or person in parental relation to a student who has been determined to need academic intervention services shall be notified in writing by the principal. Such notice shall be provided in English and translated, when appropriate, into the native language or mode of communication of the parent. The notice shall include a summary of the academic intervention services to be provided to the student, the reason the student needs such services and the consequences of not achieving expected performance levels.
      2. Notification of the ending of academic intervention services. Parents or persons in parental relation shall be notified in writing when academic intervention services are no longer needed. Such notice shall be provided in English and translated, when appropriate, into the native language or mode of communication of the parent.
      3. Ongoing communication with parents or persons in parental relation. Parents or persons in parental relation to students receiving academic intervention services shall be provided with:
        1. an opportunity to consult with the student's regular classroom teacher(s), and other professional staff providing academic intervention services, at least once per semester during the regular school year;
        2. reports on the student's progress at least once each quarter during the regular school year by mail, telephone, telecommunications or other means, in a language or mode of communication understood by the parents or person in parental relation; and
        3. information on ways to work with their child to improve achievement; monitor their child's progress; and work with educators to improve their child's achievement.
    7. Notwithstanding the provisions of this subdivision, a school district may provide a Response to Intervention (RTI) program in lieu of providing academic intervention services (AIS) to eligible students, provided that:
      1. the RTI program is provided in a manner consistent with subdivision (ii) of this section;
      2. the RTI program is made available at the grade levels and subject areas (reading/math) for which students are identified as eligible for AIS;
      3. all students who are otherwise eligible for AIS shall be provided such AIS services if they are not enrolled in the RTI program; and
      4. for the 2010-2011 school year, the school district shall submit to the Department, no later than December 15, 2010, a signed statement of assurance that the services provided in the RTI program meet the requirements ofthis paragraph; and for each school year thereafter, the school district shall submit to the Department no later than September 1st of such school year, a signed statement of assurance that the services provided under the district's RTI program meet the requirements of this paragraph.
  1. Notification of promotion and placement policies and advanced coursework.
    1. Grade promotion and placement policy.Each school district shall adopt a grade promotion and placement policy that is consistent with sections 100.3(b)(2)(iv), 100.4(b)(2)(v) and (e)(6) of this Part, and annually notify the parents and persons in parental relation to the students attending such district of such policy along with an explanation of how the policy was developed. Such notification may be provided on the school district’s website, if one exists, or as part of an existing informational document that is provided to parents and persons in parental relations.
    2. Notification of advanced coursework. Each school district and charter school shall annually notify students and parents by June 1 of each school year of the benefits and opportunities of participating in coursework. For purposes of this subdivision, the term "advanced coursework" shall mean any middle, high school, or college level honors, gifted, accelerated, advanced placement, international baccalaureate, dual-enrollment, or concurrent-enrollment course, or a course that would offer an ability for a student to earn college credit and/or an industry-recognized certification.
  1. Pathway assessments in career and technical education, world languages, and the arts. Except as provided in subdivision (f) of this section, students who have passed four required Regents examinations or department-approved alternative assessments in each of the areas of English Language Arts, mathematics, science, and social studies pursuant to section 100.5 of this Part and who are otherwise eligible to receive a high school diploma in June 2015 and thereafter may meet the fifth assessment requirement for graduation pursuant to section 100. 5 of this Part by passing a fifth pathway assessment in career and technical education (CTE), world languages, or the arts, that is approved by the commissioner pursuant to the following conditions and criteria:
    1. pathway assessments shall measure student progress on the State learning standards for their respective content area(s) at a level of rigor equivalent to a Regents examination or alternative assessment approved pursuant to subdivision (f) of this section;
    2. pathway assessments shall be recognized or accepted by postsecondary institutions, experts in the field, and/or employers in areas related to the assessment;
    3. pathway assessments shall be aligned with existing knowledge and practice in the field(s) related to their respective content area(s) and shall be reviewed at least every five years and updated as necessary;
    4. pathway assessments shall be consistent with technical criteria for validity, reliability, and fairness in testing;
    5. pathway assessments shall be developed by an entity other than a local school or school district;
    6. pathway assessments shall be available for use by any school or school district in New York State; and
    7. pathway assessments shall be administered under secure conditions approved by the commissioner.
  1. Graduation ceremony participation policy. The board of education or the board of trustees of each school district shall establish a policy and adopt procedures to allow any student who has been awarded a Skills and Achievement Commencement Credential, or a Career Development and Occupational Studies Commencement Credential, as defined in section 100.6 of this Part, but has not otherwise qualified for a Regents or local high school diploma, to participate in the graduation ceremony of the student's high school graduating class and all related activities. For purposes of this subdivision, a student's high school graduating class shall be the twelfth-grade class with which such student entered into ninth grade.
    1. Such policy and procedures shall provide for annual written notice to be provided to all students and their parents or guardians about the policy and procedures adopted by the school district in accordance with this subdivision.
    2. Nothing in this subdivision shall compel a student to participate in the high school graduation ceremony and activities.
    3. Such policy and procedures shall be consistent with other school district policies and procedures relating to participation in graduation applicable to all students, including policies and procedures which prohibit participation in the graduation ceremony and related activities as a consequence of violating the school district’s code of conduct.
  1. District Responsibility for the Issuance of Diplomas.
    1. ​Definitions. For the purposes of this subdivision:
      1. “Residential facility” means a facility operated or administered by a state department or agency or political subdivision of the state pursuant to Education Law § 112 or a correctional facility as defined in Correction Law § 2(4) which provides educational programming to youth age 21 or younger who have not received a high school diploma and who are placed, committed, supervised, detained or confined at the facility.
      2. “District of location” means the school district in which the facility where a youth is placed, committed, supervised, detained, or confined is located.
      3. “Credit granting school district” means the school district or local education agency providing an educational program and granting diploma credits to students placed in a facility.
      4. “Diploma issuing district” means the school district that is determined to be responsible for the issuance of the diploma pursuant to this subdivision.
    2. Determination of diploma issuing district. If a student placed, committed, supervised, detained, or confined in a residential facility completes an educational program provided by employees of such facility leading to a Regents (with or without an advanced designation diploma) or local diploma, the district in which the residential facility is located shall be the diploma issuing district. If a student placed, committed, supervised, detained, or confined in/to a residential facility receives credit-bearing educational programming from a school or district other than the district of location of the residential facility, such credit-granting school district providing the educational programming shall be the diploma issuing district.
    3. Residential facility responsibility. When a student who has been placed, committed, supervised, detained, or confined in/to a residential facility completes all diploma requirements in accordance with section 100.5 of this Part, such residential facility shall notify the diploma issuing district to confer such student’s diploma. Such notification shall be in writing and shall include the following documentation:
      1. All student records indicating the credits such student has attained at previous New York State schools and schools located in other states.
      2. Documentation of transfer credits attested to by current or previous residential facilities pursuant to section 100.5(d)(b)(5)(i)(b)(2) of this Part and a summary of all academic credits earned and assessment requirements met which shall be attested to by the chief educational officer at such residential facility.
    4. Diploma issuing district responsibility. Upon receipt of written notification and student records from a residential facility located within the district boundary, the diploma issuing district shall:
      1. Conduct a review of the documentation provided and make a determination of such student’s eligibility to receive a diploma.
      2. Notify the residential facility within 10 business days of receipt of such documentation of its findings and determination as to whether such student has met the requirements for a diploma; provided, however, that the findings and determination may be submitted after 10 business days where the facility and diploma issuing district mutually agree to extend such timeline.
        1. A notification that the student has not met the requirements of a diploma shall detail the deficiencies in the student records, clearly listing any requirements that have not been met. Such students are not required to meet local diploma requirements that exceed those indicated in section 100.5 of this Part. Facilities shall be given the opportunity to provide additional records, if available, to address any deficiencies noted by the diploma issuing district.
        2. A notification that the student has met the requirements for a diploma shall indicate when such diploma shall be conferred. Diplomas shall be conferred in January, June, or August, whichever is soonest.
      3. Enroll such student prior to issuing the diploma, create a student transcript, and assume responsibility to retain all such student records in the district’s student management system consistent with section 104.2 of this Chapter.
      4. Forward such diploma and a copy of the district developed student transcript by registered mail to the facility that made the request on behalf of the student.
      5. Include such student in the district’s accountability measures for the purposes of calculating graduation rate, as a graduate from the district of location in the school year in which the diploma is issued.
  1. FAFSA completion.
    1. Each school district shall:
      1. Ensure verification of one of the following from the parent or guardian of each student, or from the student if the student is 18 years of age or older or legally emancipated, during the school year in which the student is a senior enrolled in such school district:
        1. completion of either the Free Application for Federal Student Aid (FAFSA) for such student or, if applicable, the Jose Peralta New York State Development, Relief, and Education for Alien Minors (DREAM) Act application. Such verification of completion shall not require a parent, guardian, or student to identify which type of application was completed; or
        2. completion of a waiver on a form promulgated by the Department indicating that the parent or guardian, or the student if the student is 18 years of age or older or legally emancipated, understands the nature of the FAFSA or, if applicable, the DREAM Act application and has chosen not to file an application pursuant to subparagraph (a) of this paragraph.
      2. Notify each high school senior enrolled in such school district, no less than two times during each school year, of the state-sponsored scholarships, financial aid, and assistance available to students attending college or post-secondary education.
      3. Provide referrals for support or assistance to complete the FAFSA or, if applicable, the DREAM Act application.
    2. On and after July 1, 2025, each school district shall annually report to the Department the following data for all seniors enrolled in such school district, aggregated by high school:
      1. the total number of students that have completed either the FAFSA or, if applicable, the DREAM Act application;
      2. the number of students who completed a waiver pursuant to clause (ii) of subparagraph (a) of paragraph (1) of this subdivision; and
      3. the total number of seniors enrolled.
    3. A student shall not be penalized or punished nor shall a student's ability to graduate be affected if the student's parent or guardian, or student if the student is 18 years of age or older or legally emancipated, does not fulfill the verification requirements prescribed in subparagraph (a) of paragraph (1) of this subdivision.
Current through November 24, 2024

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