Special Education

Attachment A - Amendment of the Regulations of the Commissioner of Education

Amendment of the Regulations of the Commissioner of Education - PDF PDF document (16 KB)

Pursuant to Education Law sections 101, 207, 208, 209, 305, 308 and 309
Section 100.5 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012, as follows:
§100.5  Diploma requirements. 
(a)  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)  .   .   .
(2)  .   .   .
(3)  .   .   .
(4)  .   .   .
(5)  State assessment system.  (i)  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:
(a) .   .   .
(b) .   .   .  
(c)  United States history and government:
(1)  .   .   .
(2)  .   .   .
(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 or as provided in subparagraph (b)(7)(vi) of this section.  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)  .   .   .
(d)  Science:
(1)  .   .   .
(2)  .   .   .
(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 or as provided in subparagraph (b)(7)(vi) of this section.  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)  .   .   .
(e)  Global history and geography:
(1)  .   .   .
(2)  .   .   .
(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 or as provided in subparagraph (b)(7)(vi) of this section.  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)  .   .   .
(ii)  .   .   .
(iii)  .   .   .
(iv)  .   .   .
(v)  .   .   .
(6)  .   .   .
(7)  .   .   .
(8)  .   .   .
(b)  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)  .   .   .
(2)  .   .   .
(3)  .   .   .
(4)  .   .   .
(5)  .   .   .
(6)  .   .   .
(7)  Types of diplomas. 
(i)  .   .   .
(ii)  .   .   .
(iii)  .   .   .
(iv)  .   .   .
(v)  .   .   .
(vi)  Local diploma options for students with disabilities.  The provisions of this subparagraph shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5).
(a)  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. 
(b)  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).]
(c)   Notwithstanding the provisions of clause (b) of this subparagraph, for students with disabilities who first enter grade nine in September 2005 and thereafter, a   student's score of 45-54 on a Regents examination required for graduation, other than the English and mathematics examinations, may, for purposes of earning a local diploma, be compensated by a score of 65 or higher on one of the other required Regents examinations; provided that:
(1)  each examination for which the student earned a score of 45-54 must be compensated by a score of 65 or higher on a separate examination; a score of 65 or higher on a single examination may not be used to compensate for more than one examination for which the student earned a score of 45-54; and

(2) the student has attained a passing grade, that meets or exceeds the required passing grade by the school, for the course in the subject area of the Regents examination in which he or she received a score of 45-54; and

(3)  the student has a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy established pursuant to subparagraph 104.1(i)(2)(v) of this Title, for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; and

(4)  a student shall not use the compensatory score option if the student is using a passing score on one or more Regents competency tests (RCT) pursuant to clause (a) of this subparagraph to graduate with a local diploma.
(vii)  .   .   .
(viii)  .   .   .
(ix)  .   .   .
(x)  .   .   .
(c)  .   .   .
(d)  .   .   .
(e)   .   .   .
(f)    .   .   .

Last Updated: November 15, 2012