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Discussion on the Proposed Amendments to the Rules of the Board of Regents and the Regulations of the Commissioner of Education relating to the requirements for the conferral of a college degree as it relates to students who have not obtained a high school diploma or a high school equivalency diploma
At the May 2004 meeting of the Board of Regents, the Department reviewed recommendations presented to the Board in March relating to the requirements for the conferral of a college degree for students who have not obtained a high school diploma or a high school equivalency diploma.  The discussion centered on students who were home instructed.  Staff provided the Board with an overview of the comments received from the field on the draft regulations and discussed the changes being proposed in the draft regulations based on comments and suggestions from members of the Board and the field.
In summary, the Department is now recommending that the following pathways be available for students who are beyond compulsory school age* in order to receive a college degree in New York State:
∑       Possession of a high school diploma; or
∑       Receipt of a letter from the superintendent of schools documenting equivalency of instruction to a high school program; or
∑       Receipt of a high school equivalency diploma; or
∑       Possession of a previous college degree; or
∑       Passage of the five Regents examinations or approved alternatives required for a high school diploma.
Also at the May Regents meeting, we recommended an adjustment to the preliminary requirements for college admission for students who are subject to the compulsory educational requirements and in attendance full time in college in lieu of a high school program. Prior to enrolling, such students must submit to the college a valid and in effect individualized home instruction plan (IHIP) that authorizes full-time college study.  We also made a corresponding change in the IHIP requirements.   The IHIP must contain a statement that the student is meeting the compulsory educational requirements through full-time college study, if that is the case.  The IHIP must also identify the college and the subjects to be covered by that study.  The Department expects that these requirements will impact only a small number of students in the State of New York, namely students who seek to meet compulsory education requirements through full-time college study.  The Department will issue guidance to superintendents concerning the need to prepare IHIPs for students attending college in a timely manner so that those studentsí acceptance into college programs will not be jeopardized.   The Department does not believe it necessary to establish, in regulation, a preliminary requirement for part-time college students who are subject to the State's compulsory educational requirements. The Department expects that these students will be in attendance at public, nonpublic, or charter schools or already under an IHIP, and the superintendent will be aware of the studentsí compliance with the State's compulsory educational requirements.
Attached are revised proposed regulations to implement the aforementioned   changes to Regents Rule 3.47 and Section 100.10 of the Commissionerís Regulations.  These draft regulations will be published in the State Register shortly after the June Regents meeting and be available for action by the Board at its September meeting.
At the May meeting, we also informed the Board that, in order to implement these regulatory changes, additional adjustments will need to be made to the Regents Rules and Commissioner's Regulations, including amendments to Regents Rule 8.2 concerning home instructed studentsí access to Regents examinations in their local school district and to Section 100.7 of the Commissionerís Regulations conforming the 24 credits for a high school equivalency diploma with the 24 credits identified above. The Department will bring draft regulations amending these sections of Regents Rules and Commissionerís Regulations to the Board for discussion at its July meeting.     These proposed regulations will also be available for action by the Board at its September meeting.
AMENDMENT TO THE RULES OF THE BOARD OF REGENTS AND REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 207, 210, 218, 224, 3204, 3205, 3210, 3212, and 3234 of the Education Law.
1.  Subdivisions (a) and (b) of section 3.47 of the Rules of the Board of Regents are repealed and new subdivisions (a) and (b) are added, effective September 30, 2004, as follows:
(1) No earned degree shall be conferred in this State on any person who has not completed the program of study requisite to such degree, which institution shall be authorized to confer the same.  No earned undergraduate or graduate degree shall be conferred unless the applicant has completed a program registered by the department.
(2) No earned degree shall be conferred unless the candidate has met the requirements of subparagraphs (i) or (ii) of this paragraph.
(i) Candidates who are of compulsory school age, pursuant to section 3205 of the Education Law or other requirement of law, shall provide the degree-granting institution with satisfactory evidence of meeting one of the following requirements:
(a) holding a high school diploma; or
(b) having completed the substantial equivalent of a four-year high school course, as certified by the superintendent of schools or comparable chief school administrator of the candidate's school district of residence at the time such course was completed.
(ii) Candidates who are beyond compulsory school age, pursuant to section 3205 of the Education Law or other requirement of law, shall provide the degree-granting institution with satisfactory evidence of meeting one of the following requirements:
(a) holding a high school diploma; or
(b) having completed the substantial equivalent of a four-year high school course, as certified by the superintendent of schools or comparable chief school administrator of the candidate's school district of residence at the time such course was completed; or
(c) holding a New York State high school equivalency diploma in accordance with the requirements of section 100.7 of this Title, or a local high school equivalency diploma in accordance with the requirements of section 100.8 of this Title, or a high school equivalency diploma issued by another state of the United States or an authorized local government of such state, or a high school equivalency diploma based on passing the General Educational Development (GED) test or its successor examination, or a high school equivalency diploma based upon completing requirements that are substantially equivalent to the requirements for a New York State high school equivalency diploma as prescribed in section 100.7 of this Title; or
(d) having successfully completed 24 semester hours or the equivalent as a recognized candidate for a college-level degree or certificate, distributed as follows: six semester hours or the equivalent in English language arts, including writing, speaking and reading (literature);  three semester hours or the equivalent in mathematics; three semester hours or the equivalent in natural sciences; three semester hours or the equivalent in social sciences; three semester hours or the equivalent in humanities; and six semester hours or the equivalent in any other courses within the registered degree or certificate program, all as verified by the institution conferring the degree; or
(e) having previously earned and been granted a degree from a degree-granting institution accredited by an accrediting agency approved by the United States Department of Education, pursuant to 20 USC 1099b; or from a postsecondary institution authorized by the Board of Regents to confer degrees; or from a degree-granting institution located in a jurisdiction outside the United States that is approved, authorized, or recognized by the jurisdiction's ministry of education or other governmental agency responsible for higher education; or
(f) having passed and successfully completed all requirements for the following Regents examinations or the approved alternative assessments for these examinations, pursuant to section 100.2(f) of this Title: the Regents Comprehensive Examination in English, the Regents examination in mathematics, the Regents examination in United States history and government, a Regents examination in science, and the Regents examination in global history and geography.  For purposes of this clause, the passing score on the Regents examinations shall be 65 or, where applicable, a score of 55-64 as determined by the school district of residence, pursuant to section 100.5(a)(5)(i) of this Title.
(b) Preliminary requirement.  Prior to enrolling, a student who seeks to meet the compulsory educational requirements of Education Law section 3205 through full-time study at a degree-granting institution, meaning enrollment for at least 12 semester hours in a semester or its equivalent, shall submit to the institution a valid and in effect individualized home instruction plan (IHIP), pursuant to section 100.10 of this Title, that authorizes such full-time study.
2.  Subdivision (d) of section 100.10 of the Regulations of the Commissioner of Education is amended, effective September 30, 2004, as follows:
(d) Content of individualized home instruction plan (IHIP).  Each child's IHIP shall contain:
(1) . . .
(2) . . .
(3) the dates for submission to the school district of the parents' quarterly reports as required in subdivision (g) of this section.  These reports shall be spaced in even and logical periods; [and]
(4) the names of the individuals providing instruction; and
(5) a statement that the child will be meeting the compulsory educational requirements of Education Law section 3205 through full-time study at a degree-granting institution, meaning enrollment for at least 12 semester hours in a semester or its equivalent, if that is the case.  In this situation, the IHIP shall identify the degree-granting institution and the subjects to be covered by that study.
* Compulsory school age is from age 6 to the end of the school year when a student turns 16 (17 in New York City).