THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	The Honorable the Members of the Board of Regents
FROM:	James A. Kadamus
COMMITTEE:	EMSC-VESID
TITLE OF ITEM:	Proposed Amendment to the Regulations of the Commissioner Relating to State Assessments and Graduation and Diploma Requirements
DATE OF SUBMISSION:	January 28, 2004
PROPOSED HANDLING:	Approval  (Consent Agenda)
RATIONALE FOR ITEM:	Implementation of Regents Policy
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY:

 

Attached is a proposed amendment of section 100.5 of the Regulations of the Commissioner of Education submitted for approval.  The proposed amendment was adopted as an emergency measure at your November meeting and is now being proposed for adoption as a permanent rule.  Supporting materials are available upon request from the Secretary to the Board of Regents.

 

            The proposed amendment will revise the graduation and diploma requirements that were first adopted by the Board of Regents in July 1999 to help ensure that all students in the State’s public schools have the skills, knowledge and understandings they need to succeed in the next century.  The proposed changes are necessary to implement revisions to policy adopted by the Board of Regents in October 2003.

 

Under current regulations, the minimum passing score on five required Regents examinations rises from 55 to 65 for those students who entered grade 9 in the 2001-2002 school year and thereafter.  The revised policy continues to allow a passing score of 55-64 on the five required Regents examinations as an option to meet local diploma requirements.  This provision will be in effect for all students currently in high school who entered grade 9 in the school years 2000-2001, 2001-2002, 2002-2003, and 2003-2004, and for those current eighth grade students who will enter grade 9 in the 2004-2005 school year.  The extension of this option will give students and schools more time to improve achievement while keeping the educational system moving forward toward the goal of higher achievement for all students. 

 

In addition, the proposed amendment will extend the existing safety net for all students with disabilities entering grade 9 prior to the 2010-11 school year.  Under this safety net, students with disabilities who fail to pass a required Regents examination may meet local diploma requirements by taking and passing the corresponding Regents Competency Test. 

 

The proposed amendment also makes technical changes to clarify the requirements relating to mathematics and visual arts and/or music, dance or theatre alternatives.  The mathematics requirements need revision and clarification because present language would not allow students who took Course III after January 2003 to be eligible for a Regents Diploma or Regents Diploma with Advanced Designation.  Course I phased out in January 2002, Course II phased out in January 2003, and Course III will phase out in January 2004.  The visual arts and/or music, dance, or theatre unit of credit requirement needs to be revised to allow students who entered grade 9 after 2001 with course options, such as participating in a school's major performing group or in an advanced out-of-school art or music activity, which previous classes of students have used to satisfy Regents Diploma requirements.

 

A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on December 17, 2003.  In addition to adopting the amendment as a permanent rule, a second emergency adoption is necessary to ensure that the emergency rule adopted in November remains continuously in effect until the effective date of its adoption as a permanent rule.  A Statement of the Facts and Circumstances Which Necessitate Emergency Action is attached.

 

VOTED:  That section 100.5 of the Regulations of the Commissioner of Education be amended as submitted, effective February 27, 2004, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the rule adopted at the November meeting of the Board of Regents remains continuously in effect until the effective date of its adoption as a permanent rule so that students who are in their senior year during the 2003-2004 school year may timely graduate pursuant to revised diploma and graduation requirements, and to otherwise ensure that schools and school districts are able to make any necessary adjustments in students' class schedules to ensure their timely graduation pursuant to such requirements.

 

            VOTED:  That section 100.5 of the Regulations of the Commissioner of Education be amended as submitted, effective March 18, 2004.

 

PROPOSED AMENDMENT OF SECTION 100.5 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, PURSUANT TO SECTIONS 101, 207, 208, 209, 305, 308, 309 AND 3204 OF THE EDUCATION LAW, RELATING TO STATE ASSESSMENTS AND GRADUATION AND DIPLOMA REQUIREMENTS.

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

The proposed amendment is necessary to implement revisions to policy adopted by the Board of Regents in October 2003. 

Under current regulations, the minimum passing score on five required Regents examinations rises from 55 to 65 for those students who entered grade 9 in the 2001-2002 school year and thereafter.  The revised policy continues to allow a passing score of 55-64 on the five required Regents examinations as an option to meet local diploma requirements.  The extension of this option will give students and schools more time to improve achievement while keeping the educational system moving forward toward the goal of higher achievement for all students.  This provision will be in effect for all students currently in high school who entered grade 9 in the school years 2000-2001, 2001-2002, 2002-2003, and 2003-2004, and for those current eighth grade students who will enter grade 9 in the 2004-2005 school year. 

The proposed amendment will also extend the existing safety net for all students with disabilities entering grade 9 prior to the 2010-11 school year.  Under this safety net, students with disabilities who fail to pass a required Regents examination may meet local diploma requirements by taking and passing the corresponding Regents Competency Test. 

The proposed amendment also makes technical changes to clarify the requirements, provide scheduling flexibility to the schools and choices for students who seek a Regents Diploma or a Regents Diploma with Advanced Designation.  The mathematics requirements need revision and clarification because present language would not allow students who took Course III after January 2003 to be eligible for a Regents Diploma with Advanced Designation.  Course I phased out in January 2002, Course II phased out in January 2003, and Course III will phase out in January 2004. 

            The continuation of the visual arts and/or music, dance, or theatre alternatives provides students who enter grade 9 after 2001 course options which previous students have used to satisfy Regents Diploma requirements.

            The proposed rule was adopted at the November 13-14, 2003 Regents meeting, as an emergency measure effective December 1, 2003 to ensure that students who are in their senior year during in the 2003-2004 school year may timely graduate pursuant to revised diploma and graduation requirements, and to otherwise ensure that schools and school districts are able to make any necessary adjustments in students' class schedules to ensure their timely graduation pursuant to such requirements.  A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on December 17, 2003.

The proposed rule is being presented to the Board of Regents for adoption as a permanent rule at their February 23, 2004 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.  Pursuant to SAPA section 202(5), the permanent adoption cannot become effective until after its publication in the State Register on March 18, 2004.  However, the November emergency adoption will expire on February 28, 2004, 90 days after its filing with the Department of State on December 1, 2003.  A second emergency adoption is therefore necessary to ensure that the rule remains continuously in effect until the effective date of its adoption as a permanent rule.

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 208, 209, 305, 308, 309 and 3204

Section 100.5 of the Regulations of the Commissioner of Education is amended, effective February 27, 2004, 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)  Students first entering grade nine in the 2001-2002 school year [and thereafter],but prior to the 2005-2006 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 2005-2006 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; 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:

(i)  .   .   .

(ii)  .   .   .

(iii)  .   .   .

(iv)  .   .   .

(v)  .   .   .

(vi)  .   .   .

(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)  English:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1996 and prior to September [2000] 2005, 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; or

[(3)  for students who first enter grade nine in September 2000 or thereafter, by achieving a score of 65 or above on the Regents Comprehensive Examination in English; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1996 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(b)  Mathematics: 

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1997 and prior to September [2001] 2005, by passing a 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; or

[(3)  for students who first enter grade nine in September 2001 or thereafter, by achieving a score of 65 or above on a Regents examination in mathematics; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1997 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(c)  United States History and Government:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1998 and prior to September [2000] 2005, 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; or

[(3)  for students who first enter grade nine in September 2000 or thereafter, by achieving a score of 65 or above on the Regents examination in United States history and government; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1998 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402 (5);

[(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.

(d)  Science:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1999 and prior to September [2001] 2005, 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; or

[(3)  for students who first enter grade nine in September 2001 or thereafter, by achieving a score of 65 or above on a Regents examination in science; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1999 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(e)  Global History and Geography:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1998 and prior to September [2000] 2005, 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; or

[(3)  for students who first enter grade nine in September 2000 or thereafter, by achieving a score of 65 or above on the global history and geography Regents examination; or]

[(4)] (3) for students with disabilities who first enter grade nine in or after September 1998 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(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)  In order to obtain a Regents diploma, a student shall pass the required Regents examinations as follows:

(i)  .   .   .

(ii)  For students first entering grade nine in 1985 and thereafter through the 2000-2001 school year:

(a)  .   .   .

(b)  .   .   .

(c)  .   .   .

(d)  Regents examinations for the courses in mathematics required pursuant to subparagraph (a)(2)[(iv)] (iii) and paragraph (a)(7) of this section;

(e)  Regents examinations for the courses in science required pursuant to subparagraph (a)(2)[(iii)](iv) and paragraph (a)(8) of this section; and

(f)  .   .   .

(iii)  .   .   .

(6)  .   .   .

(7)  Types of diplomas.  (i)  Except as provided in [subparagraph] subparagraphs (vi) and (vii) of this paragraph, 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:

(a)  Regents diploma;

(b)  Regents diploma with an advanced designation;

(c)  State high school equivalency diploma as provided in section 100.7 of this Part; or

(d)  High School Individualized Education Program diploma as provided in section 100.9 of this Part.

(e)  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.

(ii)  .   .   .

(iii)  .   .   .

(iv)  Earning a Regents diploma  .   .   .

(a)  .   .   .

(b)  .   .   .

(c)  Mathematics, three units of credit and the Regents examinations in mathematics designated by the commissioner or an approved alternative pursuant to section 100.2(f) of this Part.  Students must pass either the Regents examination titled [Math] Mathematics A, or until January 2002, both Regents examinations titled Course I and Course II or both Course I and [Math] Mathematics A.

(d)  .   .   .

(e)  .   .   .

(f)  .   .   .

(g)  .   .   .

(h)  .   .   .

(i) .   .   .

(j)  .   .   .

(k)  .   .   .

(v)  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:

(a)  additional Regents examinations in mathematics as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part.  Students must pass [either] the two Regents examinations titled [Math] Mathematics A and [Math] Mathematics B[or, until January 2003], or the three Regents examinations titled Course I, Course II and Course III or the two Regents examinations titled Mathematics A and Course III;

(b)  .   .   .

(c)  .   .   .

(vi)  For students with disabilities who first enter grade nine in or after September 2001 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5).

(vii)  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.

(c)  .   .   .

(d)  Alternatives to specific Regents and local diploma requirements.  (1)  .   .   .

(2)  Visual arts and/or music, dance or theatre.  (i)  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)(2)(v)] (a)(3)(v) of this section in the following manner:

(a)  by participating in a school's major performing groups, such as band, chorus, orchestra, dance group or theatre group; or

(b)  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.

(ii)  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)  .   .   .

(4)  .   .   .

(5)  .   .   .

(6)  .   .   .

(e)  .   .   .

(f)  .   .   . 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 208, 209, 305, 308, 309 and 3204

Section 100.5 of the Regulations of the Commissioner of Education is amended, effective March 18, 2004, 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)  Students first entering grade nine in the 2001-2002 school year [and thereafter],but prior to the 2005-2006 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 2005-2006 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; 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:

(i)  .   .   .

(ii)  .   .   .

(iii)  .   .   .

(iv)  .   .   .

(v)  .   .   .

(vi)  .   .   .

(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)  English:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1996 and prior to September [2000] 2005, 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; or

[(3)  for students who first enter grade nine in September 2000 or thereafter, by achieving a score of 65 or above on the Regents Comprehensive Examination in English; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1996 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(b)  Mathematics: 

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1997 and prior to September [2001] 2005, by passing a 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; or

[(3)  for students who first enter grade nine in September 2001 or thereafter, by achieving a score of 65 or above on a Regents examination in mathematics; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1997 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(c)  United States History and Government:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1998 and prior to September [2000] 2005, 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; or

[(3)  for students who first enter grade nine in September 2000 or thereafter, by achieving a score of 65 or above on the Regents examination in United States history and government; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1998 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402 (5);

[(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.

(d)  Science:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1999 and prior to September [2001] 2005, 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; or

[(3)  for students who first enter grade nine in September 2001 or thereafter, by achieving a score of 65 or above on a Regents examination in science; or]

[(4)] (3)  for students with disabilities who first enter grade nine in or after September 1999 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(e)  Global History and Geography:

(1)  .   .   .

(2)  for students who first enter grade nine in or after September 1998 and prior to September [2000] 2005, 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; or

[(3)  for students who first enter grade nine in September 2000 or thereafter, by achieving a score of 65 or above on the global history and geography Regents examination; or]

[(4)] (3) for students with disabilities who first enter grade nine in or after September 1998 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5);

[(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.

(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)  In order to obtain a Regents diploma, a student shall pass the required Regents examinations as follows:

(i)  .   .   .

(ii)  For students first entering grade nine in 1985 and thereafter through the 2000-2001 school year:

(a)  .   .   .

(b)  .   .   .

(c)  .   .   .

(d)  Regents examinations for the courses in mathematics required pursuant to subparagraph (a)(2)[(iv)] (iii) and paragraph (a)(7) of this section;

(e)  Regents examinations for the courses in science required pursuant to subparagraph (a)(2)[(iii)](iv) and paragraph (a)(8) of this section; and

(f)  .   .   .

(iii)  .   .   .

(6)  .   .   .

(7)  Types of diplomas.  (i)  Except as provided in [subparagraph] subparagraphs (vi) and (vii) of this paragraph, 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:

(a)  Regents diploma;

(b)  Regents diploma with an advanced designation;

(c)  State high school equivalency diploma as provided in section 100.7 of this Part; or

(d)  High School Individualized Education Program diploma as provided in section 100.9 of this Part.

(e)  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.

(ii)  .   .   .

(iii)  .   .   .

(iv)  Earning a Regents diploma  .   .   .

(a)  .   .   .

(b)  .   .   .

(c)  Mathematics, three units of credit and the Regents examinations in mathematics designated by the commissioner or an approved alternative pursuant to section 100.2(f) of this Part.  Students must pass either the Regents examination titled [Math] Mathematics A, or until January 2002, both Regents examinations titled Course I and Course II or both Course I and [Math] Mathematics A.

(d)  .   .   .

(e)  .   .   .

(f)  .   .   .

(g)  .   .   .

(h)  .   .   .

(i) .   .   .

(j)  .   .   .

(k)  .   .   .

(v)  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:

(a)  additional Regents examinations in mathematics as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part.  Students must pass [either] the two Regents examinations titled [Math] Mathematics A and [Math] Mathematics B[or, until January 2003], or the three Regents examinations titled Course I, Course II and Course III or the two Regents examinations titled Mathematics A and Course III;

(b)  .   .   .

(c)  .   .   .

(vi)  For students with disabilities who first enter grade nine in or after September 2001 and prior to September [2005] 2010 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.  This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law section 3202 or 4402(5).

(vii)  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.

(c)  .   .   .

(d)  Alternatives to specific Regents and local diploma requirements.  (1)  .   .   .

(2)  Visual arts and/or music, dance or theatre.  (i)  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)(2)(v)] (a)(3)(v) of this section in the following manner:

(a)  by participating in a school's major performing groups, such as band, chorus, orchestra, dance group or theatre group; or

(b)  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.

(ii)  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)  .   .   .

(4)  .   .   .

(5)  .   .   .

(6)  .   .   .

(e)  .   .   .

(f)  .   .   .