Part 100 Regulations

 

100.5 Diploma Requirements

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100.5 Diploma requirements

  1. General requirements for a Regents or a local high school diploma. Except as provided in paragraph (d)(6) of this section, the following general requirements shall apply with respect to a Regents or local high school diploma. Requirements for a diploma apply to students depending upon the year in which they first enter grade nine. A student who takes more than four years to earn a diploma is subject to the requirements that apply to the year that student first entered grade nine. Students who take less than four years to complete their diploma requirements are subject to the provisions of subdivision (e) of this section relating to accelerated graduation.

    1. Students first entering grade nine in 1984 or before shall earn at least 16 units of credit or their equivalent, as determined by the commissioner, to receive a local high school diploma, and 18 units of credit or their equivalent, as determined by the commissioner, to receive a Regents high school diploma. Such units of credit shall include:
      1. English, four units;
      2. social studies, including a year of American history, three units;
      3. mathematics, one unit, provided that students first entering grade nine in 1984 shall earn at least two units of credit in mathematics as set forth in paragraph (7) of this subdivision;
      4. science, one unit, provided that students first entering grade nine in 1984 shall earn at least two units of credit in science as set forth in paragraph (8) of this subdivision; and
      5. health, one-half unit.
    2. Students first entering grade nine in 1985 and thereafter, but prior to the 2001-2002 school year, shall have earned at least 18 1/2 units of credit or their equivalent, as determined by the commissioner, in order to receive either a Regents or local high school diploma. Such units of credit shall include:
      1. English, four units of credit;
      2. social studies, four units of credit as set forth in paragraph (6) of this subdivision;
      3. mathematics, two units of credit, as set forth in paragraph (7) of this subdivision;
      4. science, two units of credit as set forth in paragraph (8) of this subdivision;
      5. art and/or music, one unit of credit; and
      6. health education, one-half unit of credit in accordance with the requirements set forth in section 135.3(c) of this Title.
    3. Students first entering grade nine in the 2001-2002 school year, but prior to the 2008-2009 school year, shall have earned at least 22 units of credit including two credits in physical education to receive either a Regents or local high school diploma. Students first entering grade nine in the 2008-2009 school year and thereafter shall have earned at least 22 units of credit including two credits in physical education to receive a Regents diploma. Such units of credit shall incorporate the commencement level of the State learning standards in: English language arts; social studies; mathematics, science, technology; the arts (including visual arts, music, dance and theatre); languages other than English; health, physical education, family and consumer sciences; and career development and occupational studies. Such units of credit shall include:
      1. English, four units of commencement level credit;
      2. social studies, four units of credit as set forth in paragraph (6) of this subdivision;
      3. science, three units of credit of commencement level science, at least one course shall be life sciences and at least one in the physical sciences, the third may be either life sciences or physical sciences;
      4. mathematics, three units of credit of mathematics, which shall be at a more advanced level than grade eight, shall meet commencement level learning standards as determined by the commissioner, provided that no more than two credits shall be earned for any Integrated Algebra, Geometry, or Algebra 2 and Trigonometry commencement level mathematics course;
      5. visual arts and/or music, dance, or theatre, one unit of credit; and
      6. health education, one-half unit of credit in accordance with the requirements set forth in section 135.3(c) of this Title. Learning standards in the area of parenting shall be attained through either the health or family and consumer sciences programs or a separate course.
    4. All students shall have earned the equivalent of two units of credit in physical education in accordance with the requirements set forth in section 135.4(c)(2)(ii) of this Title. Such units of credit shall not count towards the required units of credit set forth in paragraphs (1) and (2) of this subdivision for those students who enter grade nine before the 2001-2002 school year. Beginning with the 2001-2002 school year and thereafter, such units of credit in physical education shall count toward the required total. A student who has completed the diploma requirements as set forth in paragraphs (1) and (2) of this subdivision in fewer than eight semesters, and who is otherwise eligible to receive a diploma, shall not be required to continue enrollment in high school for the sole purpose of completing the physical education requirements as set forth in this paragraph.
    5. State assessment system
      1. Except as otherwise provided in subparagraphs (ii), (iii) and (iv) of this paragraph, all students shall demonstrate attainment of the New York State learning standards:
        1. English:
          1. for students who first enter grade nine prior to September 1996, by passing either the Regents competency test in reading and the Regents competency test in writing, or the Regents comprehensive examination in English; or
          2. for students who first enter grade nine in September 1996 and thereafter, by passing the Regents comprehensive examination in English. For purposes of a Regents endorsed diploma a score of 65 shall be considered passing. For a local diploma a score of 55-64, as determined by the school, also may be considered passing up through the 2007-2008 school year; or
          3. for students with disabilities who first enter grade nine in or after September 1996 and prior to September 2011 and who fail the Regents comprehensive examination in English, the English requirements for a local diploma may be met by passing the Regents competency test in reading and the Regents competency test in writing or their equivalents. For students with disabilities who first enter grade nine in September 2005 and thereafter, the English requirements for a local diploma may also be met by passing the Regents comprehensive examination in English with a score of 55-64. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
          4. the transcripts and permanent record cards of students shall indicate the assessment the student has passed to meet diploma requirements, and the score achieved.
        2. Mathematics:
          1. for students who first enter grade nine prior to September 1997, by passing either the Regents competency test in mathematics, or a Regents examination in mathematics; or
          2. for students who first enter grade nine in September 1997 and thereafter, by passing a commencement level Regents examination in mathematics. For purposes of a Regents endorsed diploma a score of 65 shall be considered passing. For a local diploma a score of 55-64, as determined by the school, also may be considered passing up through the 2007-2008 school year; or
          3. for students with disabilities who first enter grade nine in or after September 1997 and prior to September 2011 and who fail a Regents examination in mathematics, the mathematics requirements for a local diploma may be met by passing the Regents competency test in mathematics or its equivalent. For students with disabilities who first enter grade nine in September 2005 and thereafter, the mathematics requirements for a local diploma may also be met by passing a Regents examination in mathematics with a score of 55-64. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
          4. the transcripts and permanent record cards of students shall indicate the assessment the student has passed to meet diploma requirements, and the score achieved.
        3. United States history and government:
          1. for students who first enter grade nine prior to September 1998, by passing either the Regents competency test in United States history and government, or the Regents examination in United States history and government; or
          2. for students who first enter grade nine in September 1998 and thereafter, by passing the Regents examination in United States history and government. For purposes of a Regents endorsed diploma a score of 65 shall be considered passing. For a local diploma a score of 55-64, as determined by the school, also may be considered passing up through the 2007-2008 school year; or
          3. for students with disabilities who first enter grade nine in or after September 1998 and prior to September 2011 and who fail the Regents examination in United States history and government, the United States history and government requirements for a local diploma may be met by passing the Regents competency test in United States history and government. For students with disabilities who first enter grade nine in September 2005 and thereafter, the United States history and government requirements for a local diploma may also be met by passing the Regents examination in United States history and government with a score of 55-64. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
          4. the transcripts and permanent record cards of students shall indicate the assessment the student has passed to meet diploma requirements, and the score achieved.
        4. Science:
          1. for students who first enter grade nine prior to September 1999, by passing either the Regents competency test in science or a Regents examination in science; or
          2. for students who first enter grade nine in September 1999 and thereafter, by passing a Regents examination in science. For purposes of a Regents endorsed diploma a score of 65 shall be considered passing. For a local diploma a score of 55-64, as determined by the school, also may be considered passing up through the 2007-2008 school year; or
          3. for students with disabilities who first enter grade nine in or after September 1999 and prior to September 2011 and who fail a Regents examination in science, the science requirements for a local diploma may be met by passing the Regents competency test in science. For students with disabilities who first enter grade nine in September 2005 and thereafter, the science requirements for a local diploma may also be met by passing a Regents examination in science with a score of 55-64. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
          4. the transcripts and permanent record cards of students shall indicate the assessment the student has passed to meet diploma requirements, and the score achieved.
        5. Global history and geography:
          1. for students who first enter grade nine prior to September 1998, by passing either the Regents competency test in global studies or the Regents examination in global studies; or
          2. for students who first enter grade nine in September 1998 and thereafter, by passing the Regents examination in global studies. For purposes of a Regents endorsed diploma a score of 65 shall be considered passing. For a local diploma a score of 55-64, as determined by the school, also may be considered passing up through the 2007-2008 school year; or
          3. for students with disabilities who first enter grade nine in or after September 1998 and prior to September 2011 and who fail the Regents examination in global history and geography, the global history and geography requirements for a local diploma may be met by passing the Regents competency test in global studies. For students with disabilities who first enter grade nine in September 2005 and thereafter, the global history and geography requirements for a local diploma may also be met by passing the Regents examination in global history and geography with a score of 55-64. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5);
          4. the transcripts and permanent record cards of students shall indicate the assessment the student has passed to meet diploma requirements, and the score achieved.
      2. Alternative assessments, approved by the commissioner pursuant to section 100.2(f) of this Part, may be used in place of the State assessments.
      3. For students first entering grade nine in the 2000-2001 school year and before, the principal shall review the transcript of each student first entering a New York State school after the beginning of grade seven to determine whether or not the student has adequate preparation in science to take the Regents competency test in science. The principal may exempt from the Regents competency test requirement in science set forth in clause (i)(d) of this paragraph any such student determined to lack adequate preparation in science. This shall not apply to students entering grade nine in the 2001-2002 school year and thereafter.
      4. For students first entering grade nine in the 2000-2001 school year and before, the principal shall review the transcript of each student first entering a New York State school during grades nine or ten to determine whether or not the student has adequate preparation in social studies to take the Regents competency test in global studies. The principal may exempt from the Regents competency test in global studies set forth in subclause (i)(e) of this paragraph any such student determined to lack adequate preparation in social studies. This provision shall not apply to students first entering grade nine in the 2001-2002 school year and thereafter.
      5. Pursuant to section 100.1(b) of this Title, passing the Regents assessment in any given subject shall not be construed as having earned a unit of credit in that subject unless the student also passes the course as offered in a registered high school or the student meets the requirements for credit by examination pursuant to paragraph (d)(1) of this section.
    6. All students first entering grade nine in 1985 and thereafter shall earn four units of credit in social studies in accordance with the following:
      1. Such requirement shall include one unit of credit in American history.
      2. Such requirement shall include one-half unit of credit in participation in government and one-half unit of credit in economics or their equivalent.
    7. All students first entering grade nine in 1984 and thereafter through the 2000-2001 school year shall earn two units of credit in mathematics in accordance with the following criteria: The second unit of credit in mathematics shall deepen the understanding or broaden the application of a student's mathematical concepts beyond the general high school mathematics program and in accordance with criteria established by the commissioner.
    8. All students first entering grade nine in 1984 and thereafter through the 2000-2001 school year shall earn two units of credit in science in accordance with the following criteria: The second unit of credit in science shall deepen the understanding or broaden a student's application of life, physical and/or earth sciences beyond the level in the State science syllabi for grades seven, eight and nine and in accordance with criteria established by the commissioner.

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  2. Additional requirements for the Regents diploma. Except as provided in paragraph (d)(6) of this section, the following additional requirements shall apply for a Regents diploma.
    1. In order to obtain a Regents diploma, students first entering grade nine in 1984 or before shall successfully complete a sequence of three units of credit in one of the following areas: science, mathematics, a language other than English, music, art or career and technical education subjects. Such units of credit shall be included in the 18 units of credit required pursuant to paragraph (a)(1) of this section.
    2. In order to obtain a Regents diploma, students first entering grade nine in 1985 and thereafter through the 2000-2001 school year shall successfully complete:
      1. either:
        1. a sequence of three units of credit in each of two career and technical education subjects, or in each of two languages other than English, or in each of two of the following areas: mathematics, science, a language other than English, career and technical education, art or music, provided that, for students first entering grade nine in 1988 and thereafter through the 2000-2001 school year, three-unit sequences in each of two career and technical education subjects may not be used to meet the requirements of this clause and each three-unit sequence in career and technical education shall meet the requirements of section 100.2(h)(3) of this Part; or
        2. a sequence of three units of credit in mathematics, science, a language other than English, a career and technical education subject, art or music, and a sequence of five units of credit in either English or social studies, provided that, for students first entering grade nine in 1988 and thereafter through the 2000-2001 school year, such three-unit sequence in career and technical education meets the requirements of section 100.2(h)(3) of this Part; or
        3. a sequence of five units of credit in mathematics, science, a language other than English, a career and technical education subject, art or music, provided that a student selecting a sequence of five units of credit in a language other than English may use such sequence to meet the requirements set forth in subparagraph (ii) of this paragraph, and further provided that for students first entering grade nine in 1988 and thereafter through the 2000-2001 school year, such a sequence of five units of credit in a career and technical education subject shall meet the requirements of section 100.2(h)(4) of this Part; and
      2. a sequence of three units of credit in a language other than English, except that:
        1. for students first entering grade nine in 1985 or thereafter through the 2000-2001 school year who take a sequence of not less than five units of credit in career and technical education subjects, art or music, the three-unit sequence required by this subparagraph may be in a language other than English or in any other subject area; and
        2. a student identified as having a disability which adversely affects the ability to learn a language may be excused from the language other than English requirement set forth in this subparagraph if such student's individualized education program indicates that such requirement is not appropriate to the student's special education needs. Such a student need not have a sequence in a language other than English but must meet the requirements for the total number of credits required for a diploma.
    3. Any three or five units of credit sequence in a language other than English shall consist of courses in a single language.
    4. Units of credit received by a student pursuant to paragraph (2) of this subdivision shall be included in the 18 1/2 units of credit required pursuant to paragraph (a)(2) of this section, provided that a sequence in career and technical education may be applied toward a Regents diploma only if such sequence has been approved by the department.
    5. In order to obtain a Regents diploma, a student shall pass the required Regents examinations as follows:
      1. For students first entering grade nine in 1984 and before:
        1. the Regents comprehensive examination in English;
        2. the Regents comprehensive examination in social studies; and
        3. the Regents examinations, or their equivalents, in the courses comprising the student's required sequence.
      2. For students first entering grade nine in 1985 and thereafter through the 2000-2001 school year:
        1. the Regents comprehensive examination in English;
        2. the Regents comprehensive examination in a language other than English, except that students identified in clause (2)(ii)(a) of this subdivision or excused from the language other than English requirement pursuant to clause (2)(ii)(b) of this subdivision shall not be required to pass such examination;
        3. the Regents examination in American history and government;
        4. Regents examinations for the courses in mathematics required pursuant to subparagraph (a)(2)(iii) and paragraph (a)(7) of this section;
        5. Regents examinations for the courses in science required pursuant to subparagraph (a)(2)(iv) and paragraph (a)(8) of this section; and
        6. Regents examinations, as required by the commissioner, for the courses in any sequence followed pursuant to paragraph (2) of this subdivision.
      3. For students first entering grade nine in 1987 and thereafter through the 2000-2001 school year:
        1. the Regents examination in global studies; and
        2. career and technical education proficiency examinations, as defined in section 100.1(k) of this Part, for any career and technical education sequence for which such tests are available.
    6. For students first entering grade nine in 1985 and thereafter through the 2000-2001 school year, a unit of credit towards a Regents diploma, in courses where no Regents or State test exists, other than courses in mathematics or science, shall be awarded only if:
      1. the unit of study is taught in accordance with a State syllabus approved by the department for use in a commencement-level course; or
      2. if no State syllabus for the course is available, the unit of study is taught in accordance with a locally developed syllabus approved by the department for use in a commencement-level course.
    7. Types of diplomas.
      1. Except as provided in subparagraphs (vi), (vii), (viii) and (xi) of this paragraph, and paragraph (7) of subdivision (d) of this section, for students first entering grade nine in the 2001-2002 school year and thereafter, there shall be no diplomas or certificates other than the following:
        1. Regents diploma;
        2. Regents diploma with an advanced designation;
        3. State high school equivalency diploma as provided in section 100.7 of this Part;
        4. High School Individualized Education Program Diploma as provided in section 100.9 of this Part; or
        5. Regents diploma, or Regents diploma with an advanced designation, with an affixed technical endorsement awarded upon completion of an approved career and technical education program pursuant to paragraph (d)(6) of this section.
      2. Regents diploma with honors.
        1. A local school district may award a student a Regents diploma with honors or a Regents diploma with advanced designation with honors to a student who achieves an average of 90 percent in all Regents examinations required for the diploma. Each Regents examination score carries a weight of one and such score shall not be multiplied by the number of units of study being examined. Averages below 90.0 percent shall not be rounded upward to 90 percent.
        2. Notwithstanding the provisions of clause (a) of this subparagraph, a district may award a Regents diploma with honors or a Regents diploma with advanced designation with honors to a student who has substituted no more than two alternative assessments approved pursuant to section 100.2(f) of this Part for a Regents examination required for the diploma. In such instance, the student's score on any substituted alternative assessments shall not be considered in the calculation to determine whether such student has achieved an average of 90 percent.
      3. Earning a Regents or local high school diploma shall be deemed to be equivalent to receipt of a high school diploma pursuant to Education Law, section 3202(1) and shall terminate a student's entitlement to a free public education pursuant to such statute. Earning a high school equivalency diploma, an individualized Education Program diploma or a skills and achievement commencement credential as set forth in section 100.6 of this Part shall not be deemed to be equivalent to receipt of a high school diploma pursuant to Education Law, section 3202(1) and shall not terminate a student's entitlement to a free public education pursuant to such statute.
      4. Earning a Regents diploma. Students first entering grade nine in 2001 and thereafter shall meet the commencement level New York State learning standards by successfully completing 22 units of credit and five New York State assessments distributed as specified in clauses (a) through (k) of this subparagraph. After passing the required New York State assessment or approved alternative in mathematics, science, and English language arts, the remaining units of credit required in that discipline may be in specialized courses. A specialized course is a course that meets the requirements of a unit of credit as defined in section 100.1(a) of this Part and the New York State commencement learning standards as established by the commissioner. A specialized course develops the subject in greater depth and/or breadth and/or may be interdisciplinary. Successful completion of one unit of study in an interdisciplinary specialized course may be awarded only one unit of credit but may be used to meet the distribution requirements in more than one subject. In a public high school, an interdisciplinary specialized course shall be taught by a teacher certified in at least one of the subjects.
        1. English, four units of credit and the Regents comprehensive examination in English or an approved alternative pursuant to section 100.2(f) of this Part.
        2. Social studies, four units of credit including one unit of credit in American history, the Regents examination in United States history and government or an approved alternative pursuant to section 100.2(f) of this Part, the Regents examination in global history and geography or an approved alternative pursuant to section 100.2(f) of this Part, and a half unit of credit in Economics and a half unit of credit in Participation in Government or their equivalent as approved by the local public school superintendent or his or her designee or by the chief administrative officer of a registered nonpublic high school.
        3. Mathematics, three units of credit and a commencement level Regents examination in mathematics designated by the commissioner or an approved alternative pursuant to section 100.2(f) of this Part.
        4. Science, three units of credit and one of the Regents examinations in science or an approved alternative pursuant to section 100.2(f) of this Part. In order to qualify to take a Regents examination in any of the sciences a student must complete 1,200 minutes of actual hands-on (not simulated) laboratory experience with satisfactory documented laboratory reports. The 1,200 minutes of laboratory experience must be in addition to the required classroom instruction associated with earning a unit of credit.
        5. The Arts (including visual arts, music, dance and theatre), one unit of credit, which may be a specialized course that meets the arts standards at the commencement level as established by the commissioner. Any arts course for which credit will be awarded to meet the one unit of credit requirement for graduation must be taught by a certified teacher and must follow a State-developed or State-adopted syllabus or a locally-developed or locally-adopted syllabus approved by the commissioner.
        6. Health, one-half unit of credit which may be a specialized course which meets the health standards at the commencement level as established by the commissioner. Any health course for which credit will be awarded to meet the one-half unit of credit requirement for graduation must be taught by a certified teacher and must follow a State-developed or State-adopted syllabus or a locally-developed or locally-adopted syllabus approved by the commissioner.
        7. Languages other than English, one unit of commencement-level credit. A student identified as having a disability which adversely affects the ability to learn a language may be excused from the language other than English requirement set forth in this subparagraph if such student's individualized education program indicates that such requirement is not appropriate to the student's special education needs. Such a student need not have a sequence in a language other than English but must meet the requirements for the total number of credits required for a diploma.
        8. Physical Education, two units of credit, except that a student who has completed the diploma requirements in fewer than eight semesters shall not be required to continue enrollment in high school for the sole purpose of completing the physical education requirements.
        9. Additional units in English language arts, mathematics, social studies, science, the arts, languages other than English, career and technical education, or any other subject area approved by the commissioner to a total of 22 units of credit.
        10. The State learning standards in technology may be met either through a course in technology education or through an integrated course combining technology with mathematics and/or science. A commencement-level course in technology education may be used as the third unit of credit in science or mathematics but not both.
        11. The learning standards for parenting may be met either through a separate course in parenting or through integration in a course in health or family and consumer sciences.
      5. Earning a Regents diploma with advanced designation. To earn a Regents diploma with an advanced designation a student must complete, in addition to the requirements for a Regents diploma:
        1. additional Regents examinations in mathematics as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part. Beginning with the 2011-12 school year and thereafter, students must pass two or three commencement level Regents examinations in mathematics through one of the following combinations:
          1. Two examination combination. A student must pass:
            a. Mathematics A and Mathematics B, or
            b. Mathematics A and Algebra 2/Trigonometry, or
            c. Mathematics B and Integrated Algebra;
            or
          2. Three examination combination. A student must pass:
            a. Mathematics A, Geometry and Algebra 2/Trigonometry, or
            b. Integrated Algebra, Geometry and Mathematics B, or
            c. Integrated Algebra, Geometry and Algebra 2/Trigonometry

        2. one additional Regents examination in science, for a total of two Regents examinations, with at least one in life science and at least one in physical science; and
        3. two additional units in a language other than English for a total of three units and the Regents comprehensive assessment in that language when available. In those languages for which no Regents comprehensive assessment is available, a locally developed test, which is aligned to the Checkpoint B learning standards for languages other than English, may be administered. A student identified as having a disability that adversely affects the ability to learn a language may be excused from the language other than English requirement set forth in this subparagraph if such student's individualized education program indicates that such requirement is not appropriate to the student's special educational needs. Such a student need not have a sequence in a language other than English but must meet the requirements for the total number of credits required for a diploma. Students completing a five-unit sequence in career and technical education or the arts (visual arts, music, dance, and theatre) are not required to complete the additional two units of the language other than English requirement for the Regents diploma with advanced designation but must still meet the requirements for the total number of units of credit.
      6. For students with disabilities who first enter grade nine in or after September 2001 and prior to September 2011 and who fail required Regents examinations for graduation but pass Regents competency tests in those subjects, as provided for in paragraph (a)(5) of this section, a local diploma may be issued by the local school district. For students with disabilities who first enter grade nine in September 2005 and thereafter, a score by such student of 55-64 may be considered as a passing score on any Regents examination required for graduation, and in such event and subject to the requirements of paragraph (c)(6) of this section, the school may issue a local diploma to such student. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5).
      7. For students who first enter grade nine in or after September 2001 and prior to September 2005, a score by a student of 55-64, as determined by the school, may be considered as a passing score on any Regents examination required for graduation and, in such event, the school may issue a local diploma to such student.
      8. For students who first enter grade nine in or after September 2005 and prior to September 2008, a score by a student of 55-64, as determined by the school, may be considered as a passing score on any Regents examination required for graduation and, in such event and subject to the requirements of paragraph (c)(6) of this section, the school may issue a local diploma to such student.
      9. Students who first enter grade nine in September 2008, and thereafter, must attain a score of 65 or above on all required Regents examinations in order to earn a Regents diploma or a Regents diploma with advanced designation.
      10. Students who first enter grade nine in September 2009 and thereafter who complete all course work and testing requirements for the Regents diploma with advanced designation in mathematics and/or science, and who pass, with a score of 85 or better, three commencement level Regents examinations in mathematics and/or three commencement level Regents examinations in science, will earn a Regents diploma with advanced designation, with an annotation on the diploma that denotes mastery in mathematics and/or science, as applicable.
      11. Notwithstanding the provisions of this section, any veteran of the Armed Forces of the United States who served in World War II, the Korean Conflict or the Vietnam War and who was unable, for any reason, to complete a secondary education, may be awarded a local diploma based on knowledge and experience gained while in service, pursuant to the provisions of this subparagraph.
        1. In order to obtain a local diploma, the candidate may submit to any school district:
          1. evidence of service during World War II (December 7, 1941 through December 31, 1946) or the Korean Conflict (June 27, 1950 through January 31, 1955) or the Vietnam War (May 1, 1961 through April 30, 1975) and receipt of an honorable discharge. Such documentation may include a copy of discharge papers or other such documents or a letter from a recognized veterans agency affirming such service; and
          2. a statement affirming in writing that the candidate is a resident of New York State and does not possess a high school diploma.
        2. Upon submission of documentation meeting the requirements of clause (a) of this subparagraph, the school district to which such documentation is submitted shall issue the candidate a local diploma. No fee shall be charged for such issuance.
        3. The next of kin of a deceased veteran may apply for and receive such diploma, on behalf of the deceased, upon submission of documentation meeting the requirements of clause (a) of this subparagraph, together with a copy of a death certificate for such deceased veteran or other satisfactory proof of death, and satisfactory proof of such kinship.
  3. Additional requirements for the local diploma. Except as provided in paragraph (d)(6) of this section, the following additional requirements shall apply for a local diploma.
    1. Students entering grade nine in the 2000-2001 school year or before may earn a local diploma. In order to obtain a local diploma, students first entering grade nine in 1984 or before, shall successfully complete a sequence of three units of credit in one of the following areas: science, mathematics, a language other than English, music, art or career and technical education subjects. Such units of credit shall be included in the 16 units of credit required pursuant to paragraph (a)(1) of this section.
    2. In order to obtain a local diploma, students first entering grade nine in 1985 and thereafter through the 2000-2001 school year shall successfully complete:
      1. a sequence of three units of credit in each of two career and technical education subjects, or in each of two languages other than English, or in each of two of the following areas: mathematics, science, a language other than English, career and technical education, art or music, provided that, for students first entering grade nine in 1988 and thereafter through 2000, three-unit sequences in each of two career and technical education subjects may not be used to meet the requirements of this clause and each three-unit sequence in career and technical education shall meet the requirements of section 100.2(h)(3) of this Part; or
      2. a sequence of three units of credit in mathematics, science, a language other than English, a career and technical education subject, art or music, and a sequence of five units of credit in either English or social studies, provided that, for students first entering grade nine in 1988 and thereafter through the 2000-2001 school year, each three-unit sequence in career and technical education shall meet the requirements of section 100.2(h)(3) of this Part; or
      3. a sequence of five units of credit in mathematics, science, a language other than English, a career and technical education subject, art or music, provided that, for students first entering grade nine in 1988 and thereafter through the 2000-2001 school year, such a sequence of five units of credit in a career and technical education subject shall meet the requirements of section 100.2(h)(4) of this Part.
    3. Any three or five units of credit sequence in a language other than English shall consist of courses in a single language.
    4. Units of credit received by a student pursuant to paragraph (2) of this subdivision shall be included in the 18 1/2 units of credit required pursuant to paragraph (a)(2) of this section, provided that a sequence in career and technical education may be applied towards a local diploma if such sequence has been approved by the department.
    5. In order to obtain a local diploma, students first entering grade nine in 1987 and thereafter through 2000, and taking an approved career and technical education sequence, shall pass the appropriate career and technical education proficiency examinations, where available, as defined in section 100.1(k) of this Part.
    6. In order to obtain a local diploma, students who first enter grade nine in September 2005, 2006 and 2007 must attain the following scores on the five required Regents examinations as set forth in clauses (a)(5)(i)(a) through (e) of this section:
      1. students who first enter grade nine in September 2005 must attain a score of 65 or above on two of the five required Regents examinations and a score of 55 or above on the remaining three required Regents examinations;
      2. students who first enter grade nine in September 2006 must attain a score of 65 or above on three of the five required Regents examinations and a score of 55 or above on the remaining two required Regents examinations;
      3. students who first enter grade nine in September 2007 must attain a score of 65 or above on four of the five required Regents examinations and a score of 55 or above on the one remaining required Regents examination; and
      4. notwithstanding the provisions of subparagraphs (i) through (iii) of this paragraph, school districts may accelerate the schedule of the required 65 or above scores on Regents examinations for students entering grade nine in September 2005, 2006 and 2007, in accordance with policy established by their boards of education.

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  1. Alternatives to specific Regents and local diploma requirements.
    1. Credit by examination. A student may earn a maximum of 6 1/2 units of credit for either a Regents or local diploma without completing units of study for such units of credit, if:
      1. based on the student's past academic performance, the superintendent of a school district or the chief administrative officer of a registered nonpublic high school, or his or her designee, determines that the student will benefit academically by exercising this alternative;
      2. the student achieves a score of at least 85 percent, or its equivalent as determined by the commissioner, on a State-developed or State-approved assessment pursuant to section 100.2(f) of this Part;
      3. the student passes an oral examination or successfully completes a special project to demonstrate proficiency, in such knowledge, skills and abilities normally developed in the course but not measured by the relevant Regents examination or State-approved examination if used, as determined by the principal; and
      4. the student attends school, or received substantially equivalent instruction elsewhere, in accordance with section 3204(2) of the Education Law, until the age of 16, pursuant to sections 3204 and 3205 of the Education Law.
      5. Calculation of units of credit based upon credit by examination.
        1. A student who earns a score of at least 85 on a Regents examination in mathematics and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
        2. A student who earns a score of at least 85 on a Regents examination in science and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
        3. A student who earns a score of at least 85 on a State-developed or State-approved assessment in career and technical education and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
        4. A student who earns a score of at least 85 on a Regents examination in United States history and government and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
        5. A student who earns a score of at least 85 on a Regents examination in global history and geography and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
        6. A student who earns a score of at least 85 on the Regents comprehensive examination in English and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
        7. A student who, prior to the commencement of the 2010 - 2011 school year, earns a score of at least 85 on the State second language proficiency examination in accordance with 100.2(d)(3) and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
        8. A student who earns a score of at least 85 on the comprehensive second language Regents examination and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive three units of credit.
        9. A student who earns a score of at least 85 on a State-developed or State-approved assessment in the arts (visual arts, music, dance and theatre) and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.
    2. Visual arts and/or music, dance or theatre.
      1. A student may obtain the unit of credit in art and/or music required pursuant to subparagraph (a)(2)(v) of this section or the unit of credit in visual arts and/or music, dance or theatre required pursuant to subparagraph (a)(3)(v) of this section in the following manner:
        1. by participating in a school's major performing groups, such as band, chorus, orchestra, dance group or theatre group; or
        2. by participating, only in exceptional situations, in an advanced out-of-school art or music activity. Credit for such participation shall be upon recommendation by the student's visual arts, music, dance or theatre teacher, shall be approved by the visual arts, music, dance or theatre department chairperson, if there is one, and by the school principal, and shall be consistent with the goals and objectives of the school's visual arts, music, dance, and/or theatre program.
      2. A student may receive a unit of credit for participation in such activities if such participation is equivalent to a unit of study, or a student may receive one-half unit of credit for such activity equivalent to one-half unit of study.
    3. Occupationally related mathematics and science.
      1. Regents diploma. Students first entering grade nine in 1984 and thereafter through the 2000-2001 school year may use one unit of credit earned in an occupationally related science or mathematics course, a Regents science or a Regents mathematics course, both towards meeting the science or mathematics requirement for a Regents diploma and towards an approved sequence in career and technical education, only if such courses are approved by the commissioner for such purpose. For occupationally related science and mathematics courses, such approval shall be granted only upon the submission of evidence that such courses are equivalent to Regents courses in science and mathematics. However, the unit of credit earned for such a course shall count as only one unit of credit towards the units of credit required for a Regents diploma.
      2. Local diploma. Students first entering grade nine in 1984 and thereafter through the 2000-2001 school year may use one unit of credit earned in the occupationally related mathematics course or the business mathematics course, and/or one unit of credit earned in the occupationally related science course towards meeting the mathematics and/or science requirements or sequence requirements in mathematics or science for a local diploma, provided that such courses shall be taught in accordance with the appropriate State-developed learning standards.
    4. Scores obtained on alternative examinations as designated by the commissioner, pursuant to section 100.2(p) of this Part may be used in lieu of the corresponding Regents examination requirements for a high school diploma, required pursuant to paragraphs (a)(1)-(2) and subdivision (b) of this section, and to satisfy the requirements of the Regents competency testing program set forth in paragraph (a)(4) of this section.
    5. Transfer credit. Transfer credit is awarded for work done outside the registered New York State high school awarding the credit.
      1. The principal shall evaluate the transcript or other records of a transfer student enrolling in a New York State high school. Based on the student's transcript or other records, the principal shall award the appropriate units of transfer credit towards a high school diploma.
        1. The principal shall grant transfer credit for all credit awarded by any New York State registered public or nonpublic high schools.
        2. The principal, after consultation with relevant faculty, may award transfer credit for work done at other educational and cultural institutions and for work done through independent study. The decision as to whether or not to award transfer credit for work done at educational institutions other than New York State registered high schools shall be based on whether the record indicates that the work is consistent with New York State commencement learning standards and is of comparable scope and quality to that which would have been done in the school awarding the credit.
      2. A student transferring between high schools in grade 11 or 12 may be exempt from the second language requirements of three units of credit in one second language, for a Regents diploma with advanced designation, as set forth in paragraph (b)(3) and clause (b)(5)(ii)(b) of this section, if the language in which the student began a second language sequence in grade nine or 10 is not offered in the school to which the student has transferred. In such cases, the student shall complete three units of credit in second languages but not necessarily in a single language.
      3. (a) Students who enter a registered New York State high school for the first time in grade 11 in the 2000-2001 school year but prior to the 2002-2003 school year, other than those students who have received home instruction pursuant to section 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a local high school diploma must pass the Regents comprehensive examination in English, a Regents examination in mathematics, a Regents examination in United States history and government, and a Regents examination in science, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry. (b) Students who enter a registered New York State high school for the first time in grade 11 in the 2002-2003 school year and thereafter, other than those students who have received home instruction pursuant to 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a high school diploma must pass the Regents comprehensive examination in English, a Regents examination in mathematics, a Regents examination in United States history and government, and a Regents examination in science, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry.
      4. (a) Students who enter a registered New York State high school for the first time in grade 12 in the 2002-2003 school year but prior to the 2004-2005 school year, other than those students who have received home instruction pursuant to section 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a local high school diploma must pass the Regents comprehensive examination in English, a Regents examination in mathematics, and a Regents examination in United States history and government, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in science and the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry. (b) Students who enter a registered New York State high school for the first time in grade 12 in the 2004-2005 school year and thereafter, other than those students who have received home instruction pursuant to section 100.10 of this Part in New York State or who have been enrolled in a registered or non-registered public or nonpublic New York State high school, in order to receive a high school diploma must pass the Regents comprehensive examination in English, a Regents examination in mathematics, and a Regents examination in United States history and government, or approved alternatives. The principal may exempt a student from the requirement for the Regents examination in science and the Regents examination in global history and geography ordinarily taken and passed before the date of the student's entry.
      5. Transfer students who are exempted from taking specific State assessments shall have their transcript and permanent records so annotated.
    6. Career and technical education program option.
      1. Definitions. For purposes of this paragraph:
        1. An integrated career and technical education course shall mean a course that combines career and technical education and academic commencement level learning standards and may be jointly developed and taught by an academic subject teacher and/or a career and technical education teacher. Successful completion of one unit of study in an integrated career and technical education course may be awarded only one unit of credit but may be used to meet the distribution requirements in more than one subject. For students who have not successfully completed the Regents examination(s) in the academic subject areas, the course(s) must be taught by a teacher certified in that subject.
        2. A technical assessment is an industry-developed assessment consisting of written examination(s), student project(s) and student demonstration(s) of technical skills to measure proficiency in a specific technical field through the application of national standards in such technical field. If no assessment exists in a particular technical field, a school district and/or board of cooperative educational services may form a consortium to solicit local, regional or national businesses or related professional organizations to create an assessment.
      2. Students who first enter grade nine in the 2001-2002 school year or thereafter may meet the commencement level New York State learning standards and earn either a Regents diploma or a Regents diploma with advanced designation, or such diploma with a technical endorsement, by completing an approved career and technical education program pursuant to the requirements of this subparagraph.
        1. In order to be eligible to receive a Regents diploma or Regents diploma with advanced designation, students shall successfully complete:
          1. five Regents assessments as described in paragraph (a)(5) of this section, or approved alternatives pursuant to section 100.2(f) of this Title; and
          2. 22 units of credit pursuant to paragraph (a)(3) of this section, provided that one unit each of required credit in English, science, and mathematics, and the combined unit of economics and government, may be fulfilled through:
            1. specialized courses as defined in subparagraph (b)(7)(iv) of this section;
            2. integrated career and technical education courses; or
            3. a combination of specialized and integrated career and technical education courses.
        2. In order to be eligible to receive such diploma with a technical endorsement, students participating in an approved program shall successfully complete:
          1. the requirements set forth in clause (a) of this subparagraph; and
          2. a technical assessment.
      3. Beginning with the 2001-2002 school year and thereafter, students who first entered grade nine in the 2000-2001 school year or before and who have not yet received a Regents diploma, Regents diploma with advanced designation, or local diploma may earn such diploma, or such diploma with a technical endorsement, pursuant to the requirements of this subparagraph.
        1. In order to be eligible to receive a Regents diploma, Regents diploma with advanced designation or local diploma, students participating in an approved career and technical education program shall successfully complete the required units of credit pursuant to paragraph (a)(1) or (2) of this section, as applicable, provided that one unit each of required credit in English, science, and mathematics, and the combined unit of economics and government, may be fulfilled through:
          1. specialized courses as defined in subparagraph (b)(7)(iv) of this section;
          2. integrated career and technical education courses; or
          3. a combination of specialized and integrated career and technical education courses.
        2. In order to be eligible to receive such diploma with a technical endorsement, students participating in an approved program must successfully complete:
          1. the requirements set forth in clause (a) of this subparagraph; and
          2. a technical assessment.
      4. Approval of career and technical education programs.
        1. Each board of education or board of cooperative educational services shall approve its career and technical education program and submit a program application to the commissioner for approval, that shall include:
          1. a list of specialized courses as defined in subparagraph (b)(7)(iv) of this section, integrated career and technical education courses or combination of such specialized and integrated courses and a certification providing assurance that such courses will be available to students upon approval of the application by the department;
          2. a certification that the board of education or board of cooperative educational services has conducted a self-study involving faculty and staff to ensure that the following elements of a career and technical education program will be available to implement an approved program:
            1. a technical and academic curriculum that achieves the commencement level of the appropriate New York State learning standards for all courses in the career and technical education program, including integrated and/or specialized English, mathematics, science, economics and government, and faculty with State certification in appropriate academic and/or technical subjects;
            2. identification of the technical assessment to be used for each career and technical education program area;
            3. identification of any postsecondary articulation agreements;
            4. identification of work-based learning experiences for students;
            5. a work skills employability profile to document student attainment of technical knowledge, work-related skills, endorsements and licenses; and
            6. an assurance that data on student progress and performance will be made available to evaluate success on Regents examinations or approved alternatives, technical assessments, and placement in employment, the military or postsecondary education programs;
          3. a certification that the board of education or board of cooperative educational services has formed a committee that shall include local, State and/or regional experts composed of, but not limited to, educators, labor, business and industry, and other community representatives, and members of component boards of education of the applicant board of cooperative educational services, to review the self-study and the career and technical education program, identify any gaps in meeting the State criteria and local needs and recommend strategies to address these gaps.
        2. A career and technical education program that meets the requirements of this paragraph may be approved by the commissioner for a period of five years, provided that a board of education and/or board of cooperative educational services may reapply thereafter, in a format and by a date prescribed by the commissioner, for program approval for additional five-year periods.
    7. Appeals process on Regents examinations passing score to meet Regents diploma requirements.
      1. School districts shall provide unlimited opportunities for all students to retake required Regents examinations to improve their scores. A student who first enters grade nine in September 2005 or thereafter and who fails, after at least two attempts, to attain a score of 65 or above on a required Regents examination for graduation shall be given an opportunity to appeal such score in accordance with the provisions of this paragraph, provided that no student may appeal his or her score on more than two of the five required Regents examinations and provided further that the student:
        1. has scored within three points of the 65 passing score on the required Regents examination under appeal and has attained at least a 65 course average in the subject area of the Regents examination under appeal;
        2. provides evidence that he or she has received academic intervention services by the school in the subject area of the Regents examination under appeal;
        3. has an attendance rate of at least 95 percent for the school year during which the student last took the required Regents examination under appeal;
        4. has attained a course average in the subject area of the Regents examination under appeal that meets or exceeds the required passing grade by the school and is recorded on the student's official transcript with grades achieved by the student in each quarter of the school year; and
        5. is recommended for an exemption to the passing score on the required Regents examination under appeal by his or her teacher or department chairperson in the subject area of such examination.
      2. An appeal may be initiated by the student, the student's parent or guardian, or the student's teacher, and shall be submitted in a form prescribed by the commissioner to the student's school principal.
      3. The school principal shall chair a standing committee comprised of three teachers (not to include the student's teacher in the subject area of the Regents examination under appeal) and two school administrators (one of whom shall be the school principal). The standing committee shall review an appeal within 10 school days of its receipt and make a recommendation to the school superintendent or, in the City School District of the City of New York, to the chancellor of the city school district or his/her designee, to accept or deny the appeal. The standing committee may interview the teacher or department chairperson who recommended the appeal, and may also interview the student making the appeal to determine that he or she has demonstrated the knowledge and skills required under the State learning standards in the subject area in question.
      4. The school superintendent or, in the City School District of the City of New York, the chancellor of the city school district or his/her designee, shall make a final determination to accept or deny the appeal. The school superintendent or chancellor or chancellor's designee may interview the student making the appeal to determine that the student has demonstrated the knowledge and skills required under the State learning standards in the subject area in question.
      5. A student whose appeal is accepted for one required Regents examination, and who has attained a passing score of 65 or above on each of the four remaining required Regents examinations, shall earn a Regents diploma. A student whose appeal is accepted for two required Regents examinations, and who has attained a passing score of 65 or above on each of the three remaining required Regents examinations, shall earn a local diploma.
      6. Each school shall keep a record of all appeals received and granted and report this information to the State Education Department on a form prescribed by the commissioner. All school records relating to appeals of scores on required Regents examinations shall be made available for inspection by the State Education Department.
    8. Making Up Incomplete or Failed Course Credit. Commencing July 1, 2010 and thereafter, a school district, registered nonpublic school, or charter school may provide a student, who had the opportunity to complete a unit of study in a given high school subject but who failed to demonstrate mastery of the learning outcomes for such subject, with an opportunity to make up a unit of credit for such subject toward either a Regents or local diploma, pursuant to the following:
      1. To receive credit, the student shall successfully complete a make-up credit program and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject or other assessment required for graduation, if applicable.
      2. The make-up credit program shall:
        1. be aligned with the applicable New York State learning standards for such subject;
        2. satisfactorily address the student’s course completion deficiencies and individual needs; and
        3. ensure that the student receives equivalent, intensive instruction in the subject matter area provided, as applicable, under the direction and/or supervision of:
          1. a school district teacher who is certified in the subject matter area; or
          2. a teacher from a board of cooperative educational services (BOCES) that contracts with the school district to provide instruction in the subject matter area pursuant to Education Law §1950, and who is certified in such area; or
          3. a teacher of the subject matter area in the registered nonpublic school or charter school.
      3. In the case of a school district or registered nonpublic school, the student's participation in the make-up credit program shall be approved by a school-based panel consisting of, at a minimum, the principal, a teacher in the subject area for which the student must make up credit, and a guidance director or other administrator.
      4. For purposes of this paragraph, a make-up credit program may include, but is not limited to:
        1. repeating an entire course;
        2. taking the course again as part of a summer school program;
        3. receiving intensive instruction in the deficiency areas of the course; or
        4. digital learning (online study) that:
          1. is comparable in scope and quality to regular classroom instruction;
          2. provides for documentation of satisfactory student achievement; and
          3. includes regular and substantive interaction between the student and the teacher providing direction and/or supervision pursuant to clause (3) of subparagraph (ii) of this paragraph.
    9. Credit for Independent Study. Students enrolled in a school district, a charter school or a registered nonpublic school may earn a maximum of 3 units of elective credit towards a Regents diploma through independent study, pursuant to the following:
      1. a school district or a registered nonpublic school shall, and a charter school may, provide its students with an opportunity to earn such credit through independent study;
      2. in the case of a school district or a registered nonpublic school, the student's participation in independent study shall be approved by a school-based panel consisting of, at a minimum, the principal, a teacher in the subject area for which independent study credit is sought, and a guidance director or other administrator. The panel shall approve the student’s participation in independent study based on the following criteria:
        1. the student has demonstrated readiness and has a high likelihood of success (may be indicated by a given grade point average in general or in the given subject area, as determined by the school district or registered nonpublic school) in each subject in which he or she seeks to undertake independent study; and
        2. the student has accumulated the expected number of units of credit for the student’s grade level; and
        3. the student has passed the appropriate number of Regents examinations or other assessments required for graduation, for the student’s grade level.
      3. The principal, after consultation with relevant faculty, shall award credit to the student for successful completion of the independent study and demonstrated mastery of the learning outcomes for the subject.
      4. For purposes of this paragraph, independent study shall be:
        1. academically rigorous and aligned to the New York State commencement-level learning standards;
        2. overseen by a teacher knowledgeable and experienced in the subject area of the independent study;
        3. based on a syllabus on file for each independent study; and
        4. of comparable scope and quality to classroom work that would have been done at the school district, charter school or registered nonpublic school awarding the credit.
      5. For purposes of this paragraph, credit for independent study may be awarded for elective courses only, and shall not be awarded for courses required for the Regents diploma as specified in subparagraph (iv) of paragraph (7) of subdivision (b) of this section.
    10. Credit for Online and Blended Courses.
      1. Definitions. For purposes of this paragraph:
        1. Online course means instruction in a specific subject consisting of teacher-to-student, student-to-student and/or student-to-content interactions that occur solely through digital and/or Internet-connected media.
        2. Blended course means instruction in a specific subject consisting of teacher-to-student, student-to-student and/or student-to-content interactions that occur through a combination of classroom-based and digital and/or Internet-connected media.
        3. Certified teacher means a teacher who holds a New York State teaching certificate in the subject area in which instruction is provided.
      2. A school district, a charter school or a registered nonpublic school may provide its students with an opportunity to earn units of credit towards a Regents diploma through online and/or blended course study, pursuant to the following:
        1. To receive credit, the student shall successfully complete an online or blended course and demonstrate mastery of the learning outcomes for the subject, including passing the Regents examination in the subject and/or other assessment in the subject if required for earning a diploma.
        2. The school district, registered nonpublic school or charter school shall ensure that:
          1. courses are aligned with the applicable New York State Learning Standards for the subject area;
          2. courses provide for documentation of student mastery of the learning outcomes for such subjects, including passing the Regents examination in the subject and/or other assessment in the subject if required for earning a diploma;
          3. instruction is provided by or under the direction and/or supervision of:
            1. a certified teacher from the school district in which the student is enrolled; or
            2. a certified teacher from a board of cooperative educational services (BOCES) that contracts with the school district to provide instruction in the subject area where authorized pursuant to Education Law §1950; or
            3. a certified teacher from a school district who provides instruction in the subject area under a shared service agreement; or
            4. in the case of a registered nonpublic school, a teacher of the subject area from a registered nonpublic school; or
            5. in the case of a charter school, a teacher of the subject area from a charter school.
          4. courses include regular and substantive interaction between the student and the teacher providing direction and/or supervision pursuant to subclause (3) of this clause; and
          5. instruction satisfies the unit of study and unit of credit requirements in section 100.1(a) and (b) of this Part.
  2. Accelerated graduation. Notwithstanding any other provisions of this section, students seeking to complete the diploma requirements prescribed by this section in less than four years shall be subject to the diploma requirements applicable to a student who first entered grade nine four years prior to the school year in which the diploma is to be awarded, provided that a student graduating at the end of the fall semester shall be subject to the graduation requirements in effect for the preceding school year. The diploma shall be awarded at the end of the semester in which all requirements are completed. Diplomas shall not be awarded in anticipation that requirements will be met.
  3. Students studying abroad.
      1. For students pursuing a local diploma and spending a period of time studying in another country, the principal shall evaluate the course work and assign the appropriate units of credit towards a local diploma. A student shall complete all required Regents competency tests, even if such tests would normally be taken during the period of time when the student was studying in another country, provided that the student may take such Regents competency tests upon return to the home school.
      2. For students pursuing a Regents diploma and spending a period of time studying in another country, the principal shall evaluate the course work and assign the appropriate units of credit towards a Regents diploma only after such student has passed the required Regents examinations upon return to his or her home school. Appropriate units of credit may be assigned towards the fulfillment of the requirements for a Regents diploma, for courses where no Regents examination exists.

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