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Standards and Instruction

Part 100 Regulations of the Commissioner of Education

Additional Resources

100.1 Definitions

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 Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.

  1. Unit of study
  2. Unit of credit
  3. Syllabus
  4. Pupil evaluation program tests
  5. Regents preliminary competency tests
  6. Regents competency tests
  7. Academic intervention services
  8. Program evaluation tests
  9. Second language
  10. Second language proficiency examinations
  1. Career and technical education proficiency examinations
  2. Career and technical education
  3. Regents examinations
  4. Occupationally related mathematics course
  5. Business mathematics course
  6. Speech & language improvement services
  7. [Reserved]
  8. [Reserved]
  1. Direct student support team services
  2. State learning standards
    1. The arts
    2. Career development and occupational studies
    3. Computer science and digital fluency
    4. English language arts
    5. Family and consumer sciences
    6. Health
    7. Mathematics
    8. Physical Education
  1. Science
  2. Social Studies
  3. Technology
  4. World languages​​

(2) Alternate performance

  1. Remote instruction
  2. Non-digital and/or audio-based instruction
  3. Asynchronous instruction
  4. Synchronous instruction

As used in this Part:

  1. Unit of study means at least 180 minutes of instruction per week throughout the school year, or the equivalent. Equivalent shall mean at least 180 minutes of instructional time per week for instruction delivered in a traditional face to face model or through alternative instructional experiences, including but not limited to through digital technology or blended learning, that represents standards-based learning under the guidance and direction of an appropriately certified teacher. Instructional experiences shall include, but not be limited to: meaningful and frequent interaction with an appropriately certified teacher; academic and other supports designed to meet the needs of the individual student and instructional content that reflects consistent academic expectations as in-person instruction. Any alternative instructional experience must include meaningful feedback on student assignments and methods of tracking student engagement.
  2. Unit of credit is earned by:
    1. the mastery of the learning outcomes set forth in a New York State-developed or locally developed syllabus for a given high school subject, after a student has had the opportunity to complete a unit of study in the given subject matter area, except that during the 2019-2020 school year in those instances when a school is unable to provide a full unit of study due to closure of schools pursuant to an Executive Order(s) of the Governor pursuant to the State of emergency for the COVID-19 crisis, students shall earn a unit of credit if they have otherwise achieved the standards assessed in the provided coursework; or
    2. pursuant to section 100.5(d)(1) of this Part, a passing score of at least 85 percent or its equivalent on a department-approved examination in a given high school subject without the completion of a unit of study, and the successful completion of either an oral examination or a special project.
  3. Syllabus means a document stating the expected learning outcomes, including the goals, objectives, concepts, skills and understandings in a given subject.
  4. Pupil evaluation program tests means State tests in reading, writing or mathematics and administered in grade six or below.
  5. Regents preliminary competency tests means State tests of achievement in reading or writing administered in grade 8 or 9.
  6. Regents competency tests means State tests of achievement in reading, writing, mathematics, American history and government, global studies and science administered in grades 9 through 12.
  7. Academic intervention services means additional instruction which supplements the instruction provided in the general curriculum and assists students in meeting the State learning standards as defined in subdivision (t) of this section and/or student support services which may include guidance, counseling, attendance, and study skills which are needed to support improved academic performance; provided that such services shall not include services provided to students with limited English proficiency pursuant to Part 154 of this Title or special education services and programs as defined in Education Law, section 4401(1) and (2). Academic intervention services are intended to assist students who are at risk of not achieving the State learning standards in English language arts, mathematics, social studies and/or science, or who are at risk of not gaining the knowledge and skills needed to meet or exceed designated performance levels on State assessments. Academic intervention services shall be made available to students with disabilities on the same basis as nondisabled students, provided, however, that such services shall be provided to the extent consistent with the individualized education program developed for such student pursuant to section 4402 of the Education Law.
  8. Program evaluation tests means assessments of the local instructional program by means of written tests administered to students and other measurement techniques.
  9. Second language means a language other than English, including American Sign Language.
  10. Second language proficiency examinations means State tests of language skills in modern or classical languages other than English or in Native American languages that were administered prior to July 1st of the 2010-2011 school year.
  11. Career and technical education proficiency examinations means State tests taken by students pursuing approved sequences in career and technical education subjects.
  12. Career and technical education mean a kindergarten through adult program area of study that includes rigorous academic content closely aligned with career and technical subject matter, using the State learning standards of career development and occupational studies as a framework. In grades seven through twelve, career and technical education include the specific disciplines of agricultural education, business and marketing education, computer science education, family and consumer sciences education, health sciences education, technology education and trade and technical education.
  13. Regents examinations means State achievement test based upon syllabi prescribed by the department.
  14. Occupationally related mathematics course means that course taught in accordance with the State syllabus in occupationally related mathematics.
  15. Business mathematics course means that course taught in accordance with the State syllabus in business mathematics.
  16. Speech and language improvement services means services provided by certified or licensed teachers of the speech and hearing handicapped to eligible students with speech impairments, such as dysfluency, impaired articulation, language disorders, or voice disorders, of a severity that does not adversely affect the student's educational performance, but does present a barrier to communication.
  17. [Reserved]
  18. [Reserved]
  19. Direct student support team services means consultation and planning by building-level professional staff to design and provide an appropriate and coordinated individualized instructional and support service program for eligible students.
  20. State learning standards means the knowledge, skills and understandings that individuals can and do habitually demonstrate over time as a consequence of skilled instruction and experience.
    1. State learning standards are organized in the following general content areas:
      1. The arts, including dance, media arts, music, theater, and visual arts. The NYS Learning Standards for the Arts were adopted by the Board of Regents and published by the State Education Department on September 11, 2017, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      2. Career development and occupational studies. The Learning Standards for Career Development and Occupational Studies were adopted by the Board of Regents and published by the State Education Department in March 1996, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      3. Computer science and digital fluency. The K-12 Learning Standards for Computer Science and Digital Fluency were adopted by the Board of Regents and published by the State Education Department on December 3, 2020, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      4. English language arts. The NYS Next Generation English Language Arts Learning Standards were adopted by the Board of Regents and published by the State Education Department on September 11, 2017, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      5. Family and consumer sciences. The Learning Standards for Family and Consumer Sciences were adopted by the Board of Regents and published by the State Education Department in March 1996, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      6. Health. The Learning Standards for Health were adopted by the Board of Regents and published by the State Education Department in March 1996, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      7. Mathematics. The NYS Next Generation Mathematics Learning Standards were adopted by the Board of Regents and published by the State Education Department on September 11, 2017, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      8. Physical education. The NYS Physical Education Learning Standards (2020) were adopted by the Board of Regents and published by the State Education Department on March 2, 2020, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      9. Science. The NYS P-12 Science Learning Standards were adopted by the Board of Regents and published by the State Education Department on December 12, 2016, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      10. Social studies. The Learning Standards for Social Studies were adopted by the Board of Regents and published by the State Education Department in June 1996 and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      11. Technology. The Learning Standards for Math, Science, and Technology were adopted by the Board of Regents and published by the State Education Department in March 1996, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
      12. World languages. The NYS Learning Standards for World Languages were adopted by the Board of Regents and published by the State Education Department on March 15, 2021, and are available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234.
    2. The alternate performance level for the State learning standards and the State assessment for students with severe disabilities reflect the knowledge, skills and understandings that such students are expected to know and be able to do as indicated in their individualized education programs. Students with severe disabilities means students who have limited cognitive abilities combined with behavioral and/or physical limitations and who require highly specialized education, social, psychological and medical services in order to maximize their full potential for useful and meaningful participation in society and for self-fulfillment. Students with severe disabilities may experience severe speech, language, and/or perceptual-cognitive impairments, and evidence challenging behaviors that interfere with learning and socialization opportunities. These students may also have extremely fragile physiological conditions and may require personal care, physical/verbal supports and/or prompts and assistive technology devices.

  21. Remote instruction means instruction provided by an appropriately certified teacher, or in the case of a charter school an otherwise qualified teacher pursuant to Education Law § 2854(3)(a-1), who is not in the same in-person physical location as the student(s) receiving the instruction, where there is regular and substantive daily interaction between the student and teacher.

    1. Remote instruction shall encompass synchronous instruction provided through digital video-based technology and may also include asynchronous instruction intended to complement synchronous instruction. Digital video-based technology includes online technology and videoconferencing technology.

    2. Remote instruction may encompass non-digital and audio-based asynchronous and/or synchronous instruction where such instruction is more appropriate for a student’s educational needs.

  22. Non-digital and/or audio-based instruction means instruction accessed synchronously and/or asynchronously through paper-based materials where the student to teacher interaction occurs via telephone or other audio platforms.

  23. Asynchronous instruction means instruction where students engage in learning without the direct presence (remote or in-person) of a teacher.

  24. Synchronous instruction means instruction where students engage in learning in the direct presence (remote or in-person) of a teacher in real time.

Current through January 24, 2024