N.Y. Comp. Codes R. & Regs. tit. 8 § 100.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 100.5 - Diploma requirements

(a) General requirements for a Regents or a local high school diploma. Except as provided in clauses (5)(i)(c), (e), and (f) of this subdivision, paragraphs (d)(6), (11), (13), and (15) and subdivision (g) 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:

(i) English, four units;

(ii) social studies, including a year of American history, three units;

(iii) 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;

(iv) 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

(v) 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 181/2 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:

(i) English, four units of credit;

(ii) social studies, four units of credit as set forth in paragraph (6) of this subdivision;

(iii) mathematics, two units of credit, as set forth in paragraph (7) of this subdivision;

(iv) science, two units of credit as set forth in paragraph (8) of this subdivision;

(v) art and/or music, one unit of credit; and

(vi) 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; 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) English, four units of commencement level credit;

(ii) social studies, four units of credit as set forth in paragraph (6) of this subdivision;

(iii) 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;

(iv) 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;

(v) visual arts and/or music, dance, or theatre, one unit of credit; and

(vi) 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)

(i) Except as otherwise provided in subparagraph (ii) of this paragraph, 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. Any student who has completed eight semesters in a registered New York State high school or a high school outside the registered New York state high school awarding the credits, and who has accumulated the required units of credit in physical education to meet the diploma requirements, shall not be required to continue enrollment in physical education courses for any additional semesters.

(ii) Students who enter a registered New York State high school and have completed one or more semesters in a high school outside New York State or in a residential facility or home operated or supervised by any state agency pursuant to Education Law section 112 and 3202(7) and /or Parts 116 or 118 of this Title shall be exempt from the required two units of credit requirement in physical education for a diploma. Instead, such students shall be required to enroll in physical education courses every semester they are in a registered New York State high school, and shall earn 1/4 unit of credit in physical education for each semester completed in a registered New York State high school to meet the diploma requirements.

(5) State assessment system.

(i) Except as otherwise provided in clause (f) of this subparagraph and subparagraphs (ii), (iii) and (iv) of this paragraph, all students shall demonstrate attainment of the New York State learning standards:

(a) 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.

(b) 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.

(c) 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 but prior to September 2011, 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 who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma pursuant to this section in June 2015 and thereafter, by passing one of the following assessments:

(i) the Regents examination in United States history and government; or

(ii) except as otherwise provided in item (iv), the Regents examination in global history and geography (for students first entering grade nine prior to September 2017);

(iii) except as otherwise provided in item (iv), the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2017 and thereafter);

(iv) at the discretion of the applicable local school district or school, the Regents examination in global history and geography or the Regents examination in global history and geography II, for students who take and pass such assessments during the June 2019, August 2019, January 2020 and June 2020 administrations of these assessments; or

(v) a department-approved alternative to either item (i), (ii), (iii) or (iv) of this subclause; or

(4) 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);

(5) 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) 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 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) 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) 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 but prior to September 2001, 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 who first enter grade nine in September 2001 and thereafter but prior to September 2012, by passing the Regents examination in global history and geography; or

(4) for students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma pursuant to this section in June 2015 and thereafter, by passing one of the following assessments:

(i) the Regents examination in United States history and government; or

(ii) except as otherwise provided in item (iv), the Regents examination in global history and geography (for students first entering grade nine prior to September 2017);

(iii) except as otherwise provided in item (iv), the Regents examination in global history and geography II (1750 to present) (for students first entering grade nine in September 2017 and thereafter);

(iv) at the discretion of the applicable local school district or school, the Regents examination in global history and geography or the Regents examination in global history and geography II, for students who take and pass such assessments during the June 2019, August 2019, January 2020 and June 2020 administrations of these assessments; or

(v) a department-approved alternative to either item (i), (ii), (iii) or (iv) of this subclause; or

(5) for students with disabilities who first enter grade nine in 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);

(6) the transcripts and permanent record cards of students shall indicate the assessment the student has passed to meet diploma requirements, and the score achieved.

(f) Requirements for pathway assessments:

(1) Except as provided in paragraphs (d)(6), (11), (13), and (15) of this section, students who first enter grade nine in September 2011 and thereafter or who are otherwise eligible to receive a high school diploma pursuant to this section in June 2015 and thereafter must meet the requirements of clauses (a), (b), (c), (d) and (e) of this subparagraph and also pass any one of the following assessments:

(i) one additional Regents examination in a different course in social studies or a department-approved alternative; or

(ii) one additional Regents examination in a different course in mathematics or science or a department-approved alternative; or

(iii) one additional examination in a different course in English selected from the list of department-approved alternatives; or

(iv) a pathway assessment in world languages approved by the commissioner in accordance with section 100.2(mm) of this Part; or

(v) a career and technical education (CTE) pathway assessment, approved by the commissioner in accordance with section 100.2(mm) of this Part, following successful completion of a CTE program approved pursuant to paragraph (6) of subdivision (d) of this section; or

(vi) an arts pathway assessment approved by the commissioner in accordance with section 100.2(mm) of this Part.

(vii) Notwithstanding any other provisions of this clause, due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis a student shall be exempted from the pathway assessment requirements of this clause and shall not have a score recorded on his or her transcript or permanent record for such assessment if:

(a) The student was enrolled in a course of study leading to a pathway assessment in the 2019-2020 or the 2020-2021 school year and will have earned credit in such course of study by the end of the 2019-2020 or 2020-2021 school year, or the student was enrolled in a course of study leading to a pathway assessment in the 2020 or 2021 summer school session and will have earned credit in such course of study at the end of such session;

(b) The student was previously enrolled in a course of study leading to a pathway assessment, has achieved the applicable course credit, and was intending to take the assessment in June 2020, August 2020, June 2021, or August 2021 to achieve a passing score;

(c) The student, during or prior to the 2019-2020 or 2020-2021 school years had been identified as an English Language Learner pursuant to Part 154 of this Title, whose home language is a language that is tested by a pathway assessment in a world language approved by the commissioner in accordance with section 100.2(mm) of this Part, or a student who was deemed qualified by the principal in consultation with relevant faculty, and such student was intending to take in June 2020, August 2020, June 2021 or August 2021 a pathway assessment in a world language approved by the commissioner in accordance with section 100.2(mm) of this Part to achieve a passing score; or

(d) A student who was deemed qualified by the principal in consultation with relevant faculty in the use of American Sign Language (ASL) who was intending in June 2020, August 2020, June 2021 or August 2021 to take the pathway assessment in ASL to achieve a passing score.

(ii) Alternative assessments, approved by the commissioner pursuant to section 100.2(f) of this Part, may be used in place of the State assessments, provided, however, that due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, a student shall be exempted from such alternative assessment and shall not have a score recorded on his or her transcript or permanent record for such assessment if:

(a) The student is currently enrolled in in a course of study leading to an alternate assessment approved by the commissioner pursuant to section 100.2(f) of this Part in:

(i) the 2019-2020 school year, and by the end of the 2019-2020 school year or by the end of the 2020 summer school session will have earned credit in such course of study; or

(ii) the 2020-2021 school year, and by the end of the 2020-2021 school year or the end of the 2021 summer school session will have earned credit in such course of study; or

(b) The student was previously enrolled in a course of study leading to an alternate assessment approved by the commissioner pursuant to section 100.2(f) of this Part, has earned credit in such course of study, and has not yet passed the alternate assessment but was intending to take the assessment in June 2020, August 2020, June 2021 or August 2021 to achieve a passing score.

(iii) 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.

(iv) 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 grade 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 clause (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.

(v) 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.

(vi) Notwithstanding any other provision of this section, due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis:

(a)

(1) For purposes of meeting the diploma requirements of this subdivision, students shall be deemed to have demonstrated attainment of the applicable New York learning standards in English, mathematics, science, United States history and government, and global history and geography, and shall be exempt from the applicable Regents examination requirements in the June or August 2020 Regents examination administration if such students:

(i) were enrolled in a course of study during the 2019-2020 school year or in the August 2020 summer session that was intended to culminate in the student's participation in a June or August 2020 Regents examination and the student earned credit in such course of study by the scheduled date of the June 2020 or August Regents examination;

(ii) were in grade 7 or grade 8 during the 2019-2020 school year, were enrolled in a course of study leading to a Regents examination, and have met the standards assessed in the provided coursework;

(iii) were enrolled in a course of study during the 2019-2020 school year that was intended to culminate in a Regents examination but failed to earn credit for such course of study by the end of the school year and the student subsequently returned for summer instruction and received such credit in a 2020 summer school program pursuant to clause (b) of subparagraph (iv) of paragraph (8) of subdivision (d) of this section; or

(iv) were previously enrolled and earned credit in a course of study prior to the 2019-2020 school year that culminated in the associated Regents examination, the student has not yet passed the associated Regents examination, and the student demonstrated the intent to participate in the associated Regents examination in June or August 2020 in order to achieve a passing score.

(2) For purposes of meeting the diploma requirements of this subdivision, students shall be deemed to have demonstrated attainment of the applicable New York learning standards in English, mathematics, science, United States history and government, and global history and geography and shall be exempt from the applicable Regents examination requirements in the January 2021 Regents examination administration if such students:

(i) were enrolled in a course of study that would ordinarily culminate in the taking of a January 2021 Regents examination and earned credit for such course of study by the end of the first semester of the 2020-2021 school year;

(ii) were enrolled in a course of study in grade 7 or grade 8 that would ordinarily culminate in the taking of a January 2021 Regents examination, and have met the learning standards in such course of study;

(iii) successfully completed a make-up program for the purpose of earning course credit between September 1, 2020 and the end of the first semester of the 2020-2021 school year;

(iv) were preparing to take a required Regents examination in a course of study for which the student had previously earned diploma credit, in order to graduate at the end of the first semester of the 2020-2021 school year; or

(v) enrolled in a New York State high school from either a high school outside the state of New York or from another New York State high school where Regents examinations were not administered, and earned credit in a course for which they intended to take a corresponding Regents examination in January 2021.

(3) For purposes of meeting the diploma requirements of this subdivision, students shall be deemed to have demonstrated attainment of the applicable New York learning standards in English, mathematics, science, United States history and government, and global history and geography and shall be exempt from the applicable Regents examination requirements in the June or August 2021 Regents examination administration if such students:

(i) were enrolled in a course of study during the 2020-2021 school year or in the August 2021 summer session that was intended to culminate in the student's participation in a June or August 2021 Regents examination and the student earned credit in such course of study by the scheduled date of the June or August 2021 Regents examination;

(ii) were in grade 7 or grade 8 during the 2020-2021 school year, were enrolled in a course of study leading to a Regents examination, and have met the standards assessed in the provided coursework;

(iii) were enrolled in a course of study during the 2020-2021 school year that was intended to culminate in a Regents examination but failed to earn credit for such course of study by the end of the school year and the student subsequently returns for summer instruction and receives such credit in a 2021 summer school program pursuant to clause (b) of subparagraph (iv) of paragraph (8) of subdivision (d) of this section; or

(iv) were previously enrolled and earned credit in a course of study prior to the 2020-2021 school year that culminated in the associated Regents examination, the student has not yet passed the associated Regents examination, and the student demonstrated the intent to participate in the associated Regents examination in June or August 2021 in order to achieve a passing score.

(4) For purposes of meeting the diploma requirements of this subdivision, students deemed to have demonstrated attainment of the applicable New York learning standards in English, mathematics, science, and global history and geography shall be exempt from the applicable Regents examination requirements for the January 2022 Regents examination administration and United States history and government for the January 2022, June 2022, August 2022, and January 2023 Regents examination administrations if such students:

(i) were enrolled in a course of study that would ordinarily culminate in the taking of a Regents examination administered in one of the periods listed in subclause 4 of this clause and earn credit for such course of study by the end of the first semester of the 2021-22 school year, or in the case of United States history and government, earn credit in the course of study by the end of the first semester of the 2022-23 school year;

(ii) were enrolled in a course of study in grade 7 or grade 8 that would ordinarily culminate in the taking of a Regents examination administered in one of the periods listed in subclause 4 of this clause, and have met the learning standards in such course of study;

(iii) successfully completed a make-up program for the purpose of earning course credit between September 1, 2021, and the end of the first semester of the 2021-22 school year, or in the case of United States history and government, earn credit in the course of study by the end of the first semester of the 2022-23 school year;

(iv) were preparing to take a required Regents examination in order to graduate at the end of the first semester of the 2021-22 school year, or in the case of the Regents examination in United States history and government, were preparing to graduate at the end of the first semester of the 2022-23 school year;

(v) transferred to a New York State high school from either a high school located outside of New York State or from another New York State high school in which Regents examinations were not administered, and earned credit in a course for which they intended to take a corresponding Regents examination in January 2022, or in the case of United States history and government, one of the periods listed in subclause (4) of this clause.

(b) For purposes of meeting diploma requirements contained in subdivision (g) of this section, students who have demonstrated attainment of applicable New York learning standards in accordance with clause (a) of this subparagraph shall be exempt from the associated Regents examination requirements for such diploma.

(c) For purposes of earning a Regents diploma with advanced designation pursuant to subparagraph (v) of paragraph (7) of subdivision (b) of this section, students who have demonstrated attainment of applicable New York learning standards in accordance with clause (a) of this subparagraph shall be exempted from the associated Regents examination requirements for such diploma.

(vii) The transcript and permanent record of students who have been deemed to have demonstrated attainment of the applicable New York learning standards and exempted from a State assessment pursuant to this paragraph shall indicate that the student has met the assessment requirement and shall not have a score recorded for such assessment.

(viii)

(a) Notwithstanding subparagraph (vii) of this paragraph, no entry shall be recorded on the transcript or permanent record of a student in the event that a parent or person in a parental relation declines the exemption to the graduation assessment requirement(s) in accordance with clause (b) of this subparagraph.

(b) For the 2019-20 school year and the first semester of the 2021-22 school year, at least 10 calendar days and for the 2020-21 and second semester of the 2021-22 school years and thereafter, at least 30 calendar days prior to the date on a which a student shall receive a high school diploma, the superintendent, or school principal of a charter school, or chief administrative officer of a registered nonpublic high school shall send notification by letter and also by email and text, if available, to the parents or persons in parental relation of all students scheduled to graduate who have been exempted from a graduation assessment requirement pursuant to this section or paragraph (10) of subdivision (d) of section 100.6 of this title. Such notification shall be sent in English and translated, when appropriate, into the recipient's native language or mode of communication.

(c) Such notification shall inform the parent and persons in parental relation of their right to decline the exemption to any graduation assessment requirement(s) for which a student is eligible. Such notification shall explain that:

(1) the decision of a parent or person in parental relation to decline the graduation assessment requirement exemption is irrevocable;

(2) the student will not be eligible to graduate until he or she meets all the graduation assessment requirements, including those that were eligible for an exemption and the parent declined such exemption pursuant to this subparagraph; and

(3) the child will remain eligible to receive a free public education until the end of the school year in which the child attains the age of 21 or earns a diploma, whichever shall occur first.

(d) Such notification shall include an enclosed declination form prescribed by the commissioner to be filled out by parents or person in parental relation. Such form shall be submitted to the student's school via mail, email or text. Schools shall also accept submissions not on such declination form by parents or persons in parental relation that provide substantially equivalent information about their intent to decline the exemption to the graduation assessment requirements.

(e) Upon receipt of the duly executed parental declination request, the superintendent of schools, charter school, or chief administrative officer of a registered nonpublic high school principal shall inform the parent or person in parental relation of the status of the declination request and the remaining graduation assessment requirement(s) that the student must meet in order to graduate.

(f) Notwithstanding the provisions of this subparagraph, where a student with a disabilitiy has an individualized education program (IEP) and/or other documentation from the Committee on Special Education indicating that the plan/recommendation for the student was to return to school to continue his or her education, a school may not confer a diploma for such student until a parent or person in parental relation confirms in writing that such student should receive a diploma.

(6) Social Studies.

(i) All students first entering grade nine in 1985 and thereafter but prior to September 2016, shall earn four units of credit in social studies. Such requirement shall include:

(a) one unit of credit in American history; and

(b) one half unit of credit in participation in government and one half unit of credit in economics; or

(c) the equivalent of clauses (a) and/or (b) of this subparagraph, 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.

(ii) All students first entering grade nine in September 2016 and thereafter shall earn four units of credit in social studies. Such requirement shall include:

(a) one unit of credit in American history;

(b) one half unit of credit in participation in government and one half unit of credit in economics; and

(c) two units of credit in global history and geography; or

(d) the equivalent of clauses (a), (b) and/or (c) of this subparagraph, 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.

(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.

(b) Additional requirements for the Regents diploma.

Except as provided in paragraph (d)(6) and subdivision (g) 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:

(i) either:

(a) 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

(b) 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

(c) 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

(ii) a sequence of three units of credit in a language other than English, except that:

(a) 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

(b) 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 181/2 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:

(i) For students first entering grade nine in 1984 and before:

(a) the Regents comprehensive examination in English;

(b) the Regents comprehensive examination in social studies; and

(c) the Regents examinations, or their equivalents, in the courses comprising the student's required sequence.

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

(a) the Regents comprehensive examination in English;

(b) 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;

(c) the Regents examination in American history and government;

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

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

(f) Regents examinations, as required by the commissioner, for the courses in any sequence followed pursuant to paragraph (2) of this subdivision.

(iii)

(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 such 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. Additionally, for such student who first enters grade 11 in a registered New York State high school in the 2018-2019 school year and thereafter, the principal may exempt the student from the two units of credit requirement in global history and geography by substituting two units of credit in social studies.

(iv)

(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 such 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. Additionally, for such student who first enters grade 12 in a registered New York State high school in the 2019-2020 school year and thereafter, the principal may exempt the student from the two units of credit requirement in global history and geography by substituting two other units of credit in social studies.

(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:

(i) the unit of study is taught in accordance with a State syllabus approved by the department for use in a commencement-level course; or

(ii) 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. Types of diplomas.

(i) Except as provided in subparagraphs (vi), (vii), (viii) and (xi) of this paragraph, and paragraph (d)(7) of this section, for students first entering grade nine in the 2001-2002 school year and thereafter, there shall be no diplomas, certificates, or credentials 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;

(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;

(f) Skills and achievement commencement credential as provided in section 100.6(a) of this Part; or

(g) New York State career development and occupational studies commencement credential as provided in section 100.6(b) of this Part.

(ii) Regents diploma with honors.

(a) 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.

(b) 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.

(c) Notwithstanding the provisions of clauses (a) and (b) of this subparagraph, Regents examination requirements that have been exempted pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section shall not be considered in the calculation to determine whether such student has achieved an average of 90 for purposes of awarding a Regents diploma with an honors endorsement provided the student has at least three Regents examinations scores. In the event the student has fewer than three Regents exam scores due to being exempted pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section, the student's final course grade for each course in which a Regents examination exemption was granted shall be substituted for the Regents exam score in determining whether such student has achieved an average of 90 for purposes of awarding a Regents diploma with honors endorsement.

(iii) 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 either a skills and achievement commencement credential or a New York State career development and occupational studies 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.

(iv) Earning a Regents diploma. Students first entering grade nine in September 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. Provided, however, that due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, students shall be exempt from passing the five New York State assessments or approved alternatives specified in clauses (a) through (k) of this subparagraph if they meet the exemption requirements prescribed in subparagraphs (i), (ii) or (vi) of paragraph (5) of subdivision (a) of this section. 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 level 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.

(a) 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.

(b) Social studies:

(1) four units of credit including:

(i) for students first entering grade nine in September 2001 or thereafter but prior to September 2016:

(a) one unit of credit in American history; and

(b) a half unit of credit in Economics and a half unit of credit in Participation in Government; or

(c) the equivalent of subitems (a) and/or (b) of this item, 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; or

(ii) for students first entering grade nine in September 2016 and thereafter:

(a) one unit of credit in American history;

(b) two units of credit in global history and geography; and

(c) a half unit of credit in economics and a half unit of credit in participation in government; or

(d) the equivalent of subitems (a), (b) and/or (c) of this item, 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; and

(2) the assessments as required by subparagraph (i) of paragraph (5) of subdivision (a) of this section.

(c) Mathematics, three units of credit and a commencement level Regents examinations in mathematics designated by the commissioner or an approved alternative pursuant to section 100.2(f) of this Part.

(d) 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, provided that, for students who attend educational programs administered pursuant to Education Law section 112 and Part 116 or 118 of this Title, and for all students where such hands-on laboratory experience cannot be completed as a result of the COVID-19 crisis, the 1,200 minutes of laboratory experience may be met through a combination of hands-on and simulated laboratory experience. The 1,200 minutes of laboratory experience must be in addition to the required classroom instruction associated with earning a unit of credit, provided, however, for the 2019-2020 and 2020-2021 school years, including the 2020 and 2021 summer sessions, the 1,200 minutes of laboratory experience is not required for a student to qualify to take a Regents examination where such student is unable to meet the 1,200-minute requirement due to the COVID-19 crisis and, provided further, that 1,200 minutes of laboratory experience is not required for a student to be exempted from a Regents examination pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section.

(e) 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.

(f) 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.

(g) World languages, 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 world languages 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 world language but must meet the requirements for the total number of credits required for a diploma.

(h) 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.

(i) Additional units in English language arts, mathematics, social studies, science, the arts, world languages, career and technical education, or any other subject area approved by the commissioner to a total of 22 units of credit.

(j) 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.

(k) 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.

(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.

(1) Beginning with the 2011-2012 school year and thereafter, students must pass two or three commencement level Regents examinations in mathematics through one of the following combinations:

(i) 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

(ii) Three examination combination. A student must pass:

(a) Mathematics A or Integrated Algebra or Algebra I (common core); and

(b) Geometry or Geometry (common core); and

(c) Mathematics B or Algebra 2/Trigonometry or Algebra II (common core); and

(2) for students who elect to meet the requirements for a Regents diploma through the mathematics pathway assessment in 100.5(a)(5)(i)(f)(1)(ii), such students must also pass one additional assessment in mathematics in a different course selected from the list of Department approved alternatives pursuant to 100.2(f) in addition to those specified in item (i) or (ii) of subclause (1) of this clause; and

(b) additional Regents examinations in science as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part.

(1) one additional Regents examination in science or a department-approved alternative, for a total of two Regents examinations, with at least one in life science and at least one in physical science; or

(2) for students who elect to meet the requirements for a Regents diploma through the science pathway assessment in 100.5(a)(5)(i)(f)(1)(ii), such students must also pass one additional Regents examination in science or a department-approved alternative, for a total of three Regents examinations, provided that the total number of science examinations passed include at least one in life science and at least one in physical science; and

(c) 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, provided, however, that for the 2019-2020 and 2020-2021 school years, due to the COVID-19 crisis, districts may exempt students from passing a locally developed test where a student has earned three units of credit in a world language by the end of the 2020-2021 school year. Where a student has been exempted from a locally developed test aligned to the Checkpoint B learning standards, no score shall be recorded on the student's transcript or permanent record for such test. 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.

(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.

(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 section 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) 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.

(viii) 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.

(ix) 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.

(x) Students who first enter grade nine in September 2009 and thereafter who complete all coursework 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, except that students who pass, with a score of 85 or better two commencement level Regents examinations in mathematics and/or science and who have been exempted from a third Regents examination in math and/or science due to the COVID-19 crisis pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section, will earn a Regents diploma with advanced designation, with an annotation on the diploma that denotes mastery in mathematics and/or science as applicable. In cases where two exemptions have been granted for a Regents examination in math or science due to the COVID-19 crisis pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section, such student will earn a mastery endorsement if such student earns a final course average of 85 or greater for each math or science course for which a Regents examination exemption was granted.

(xi) 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.

(a) 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.

(b) 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.

(c) 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.

(xii) Posthumous high school diplomas.

(a) A school district, registered nonpublic school, or charter school may issue a high school diploma for a deceased student if a request is made by the student's parent or person in parental relation, or where the student's parent or person in parental relation is deceased, the student's next of kin, and such student was enrolled in such school or district at the time of death.

(b) Nothing in this subparagraph shall:

(1) obligate school districts, registered nonpublic schools, or charter schools to issue a posthumous diploma at the same ceremony or event as other graduating students; or

(2) limit school districts, registered nonpublic schools, or charter schools from issuing high school diplomas to students who died before the effective date of this subparagraph, provided that the requirements of this subparagraph have been met.

(c) Diplomas issued under this subparagraph shall not be applied toward student graduation counts or for any other purpose of federal and state accountability data collection.

(c) Additional requirements for the local diploma.

Except as provided in paragraph (d)(6) and subdivision (g) 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:

(i) 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

(ii) 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

(iii) 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 181/2 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:

(i) 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;

(ii) 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;

(iii) 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

(iv) 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.

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

(1) Credit by examination. A student may earn a maximum of 61/2 units of credit for either a Regents or local diploma without completing units of study for such units of credit, if:

(i) 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 the chief administrator of an educational program administered or supervised by any State agency pursuant to Education Law sections 112 and 3202(7) and/or Parts 116 or 118 of this Title, or his or her designee, determines that the student will benefit academically by exercising this alternative;

(ii) 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;

(iii) 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 or the chief administrator of an educational program administered by a State agency; and

(iv) 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.

(v) Calculation of units of credit based upon credit by examination.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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 section 100.2(d)(3) of this Part and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.

(h) 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.

(i) 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.

(vi) credit by examination shall be awarded to a student enrolled in an educational program administered by a State agency pursuant to paragraph (5) of this subdivision.

(2) Visual arts and/or music, dance or theatre. 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)(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) Occupationally related mathematics and science. Occupationally related mathematics and science.

(i) 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.

(ii) 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.

(i) 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.

(a) Registered high schools. The principal shall grant transfer credit for all credit awarded by any New York State registered public or nonpublic high schools.

(b) Other educational/cultural institutions and independent study.

(1) Except as provided in subclause (2) of this clause, 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) Transfer credit by attestation (Educational program administered or supervised by a State agency).

(i) Definitions. For purposes of this subdivision, "State agency" means a State department or agency or political subdivision, except a board of education or a board of cooperative educational services, that provides or supervises an educational program pursuant to Education Law sections 112 and 3202(7) and Parts 116 or 118 of this Title.

(ii) A principal shall award transfer credit to any student for credit awarded while the student attended an educational program administered or supervised by a State agency pursuant to Education Law sections 112 and 3202 (7) and Parts 116 or 118 of this Title, upon the attestation of the chief administrator of such program, in a format prescribed by the commissioner, of the following:

(A) the student:

(I) has completed coursework that is aligned with the applicable New York State commencement-level learning standards, including the New York State Common Core Learning Standards, and that meets the requirements of this Part for the award of units of credit including, but not limited to, the requirement for 180 minutes of instruction per week throughout the school year, or the equivalent, as set forth in section 100.1(a) of this Part; and/or

(II) has met the requirements for the award of credit by examination pursuant to paragraph (1) of this subdivision; and/or

(III) has met the requirements for the award of make-up credit pursuant to paragraph (8) of this subdivision; and/or

(IV) has met the requirements for the award of credit for independent study pursuant paragraph (9) of this subdivision; and

(V) has met the requirements for the award of credit for online and/or blended courses pursuant to paragraph (10) of this subdivision; and

(B) the student was provided instruction by a teacher certified pursuant to Part 80 of this Title or, where the coursework was for make-up credit, the student was provided instruction in accordance with the requirements of paragraph (8) of this subdivision or where the coursework was provided through virtual instruction and/ or blended instruction in accordance with the requirements of subdivision (u) of section 100.2 of this Part.

(ii) 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.

(iii)

(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, or who reenter a registered New York State high school in grade 11 after having been enrolled in a registered New York State high school for three or fewer semesters, 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 examination in English Language Arts, 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 such 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. Additionally, for such student who first enters grade 11 in a registered New York State high school, or who reenter a registered New York State high school in grade 11 after having been enrolled in a registered New York State high school for three or fewer semesters, in the 2018-2019 school year and thereafter, the principal may exempt the student from the two units of credit requirement in global history and geography by substituting two units of credit in social studies.

(iv)

(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, or who reenter a registered New York State high school in grade 12 after having been enrolled in a registered New York State high school for three or fewer semesters, 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 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 such 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. Additionally, for such student who first enters grade 12 in a registered New York State high school in the 2019-2020 school year and thereafter, or who reenter a registered New York State high school in grade 12 after having been enrolled in a registered New York State high school for three or fewer semesters, the principal may exempt the student from the two units of credit requirement in global history and geography by substituting two other units of credit in social studies.

(6) Career and technical education program option. Career and technical education program option.

(i) Definitions. For purposes of this paragraph:

(a) 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.

(b) 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.

(ii) 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.

(a) In order to be eligible to receive a Regents diploma or Regents diploma with advanced designation, students shall successfully complete:

(1) five assessments as described in paragraph (a)(5) of this section; and

(2) 22 units of credit pursuant to paragraph (a)(3) of this section, provided that two units each of required credit in English, science, and mathematics, and the combined unit of economics and government and up to one additional credit in social studies, may be fulfilled through:

(i) specialized courses as defined in subparagraph (b)(7)(iv) of this section;

(ii) integrated career and technical education courses; or

(iii) a combination of specialized and integrated career and technical education courses.

(b) 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, except that for the 2019-2020 and 2020-2021 school years, due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, students who have earned the applicable credits in an approved career and technical education program pursuant to subparagraph (iv) of this paragraph intended to prepare a student for a technical assessment shall be exempted from such technical assessment and shall not have such assessment recorded on his or her transcript or permanent record.

(iii) 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.

(a) 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 two units each of required credit in English, science, and mathematics, and the combined unit of economics and government and up to one additional credit in social studies, 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.

(b) 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.

(iv) Approval of career and technical education programs.

(a) 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:

(i) 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, technical, and/or special subjects;

(ii) identification of the technical assessment to be used for each career and technical education program area;

(iii) identification of any postsecondary articulation agreements;

(iv) identification of work-based learning experiences for students;

(v) a work skills employability profile to document student attainment of technical knowledge, work-related skills, endorsements and licenses; and

(vi) 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.

(b) 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.

(i) School districts shall provide unlimited opportunities for all students to retake required Regents examinations to improve their scores.

(a) 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 five 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; and

(3) 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

(b) A student who first enters school in the United States (the 50 States and the District of Columbia) in grade 9, 10, 11 or 12 and is otherwise eligible to graduate in January 2015 or thereafter, is identified as an English language learner pursuant to Part 154 of this Title, and fails, after at least two attempts, to attain a score of 65 or above on the required Regents examination in English language arts for graduation, shall be given an opportunity to appeal such score in accordance with the provisions of this paragraph, provided that no such 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 between 55-59 on the required Regents examination in English language arts under appeal;

(2) provides evidence that he or she has received academic intervention services by the school in English language arts; and

(3) has attained a course average in English language arts 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

(c) A student who is otherwise eligible to graduate in January 2016 or thereafter, is identified as a student with a disability as defined in section 200.1(zz) of this Title, and fails, after at least two attempts, to attain a score of 55 or above on up to two of the required Regents examinations for graduation shall be given an opportunity to appeal such score in accordance with the provisions of this paragraph for purposes of graduation with a local diploma, provided that the student:

(1) has scored within three points of a score of 55 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; and

(2) has met the criteria specified in subclauses (a)(2)-(3) of this subparagraph.

(d) In considering appeals pursuant to clause (a)-(c) of this subparagraph, superintendents may consider the recommendations of the standing committee, a recommendation from the student's teacher or any other evidence presented or collected related to the student's attainment of the learning standards for the corresponding course of such Regents Exam.

(ii) 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.

(iii) 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) provided, however, that where a school does not employ the requisite number of teachers and/or administrators, the superintendent may appoint another school or district personnel who holds a pupil personnel service, teaching and/or administrative certificate or license to serve on such committee. 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.

(iv) 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.

(v) Diplomas.

(a) A student whose appeal is accepted for one required Regents examination pursuant to clause (a) of subparagraph (i) of this paragraph, and who has attained a passing score of 65 or above on each of the four remaining required Regents examinations (or satisfied the corresponding graduation requirement via an alternative assessment pursuant to section 100.2(f)(1) of this Part or a pathway assessment pursuant to section 100.5(a)(5)(i)(f) of this Part), shall earn a Regents diploma.

(b) A student whose appeal is accepted for two required Regents examinations pursuant to clause (a) of subparagraph (i) of this paragraph, and who has attained a passing score of 65 or above on each of the three remaining required Regent examinations (or satisfied the corresponding graduation requirement via an alternative assessment pursuant to section 100.2(f)(1) of this Part or a pathway assessment pursuant to section 100.5(a)(5)(i)(f) of this Part), shall earn a local diploma.

(c) A student whose appeal is accepted for the required Regents examination in English language arts pursuant to clause (b) of subparagraph (i) of this paragraph, and who has attained a passing score of 65 or above on each of the four remaining required Regents examinations (or satisfied the corresponding graduation requirement via an alternative assessment pursuant to section 100.2(f)(1) of this Part or a pathway assessment pursuant to section 100.5(a)(5)(i)(f) of this Part), shall earn a local diploma.

(d) A student whose appeal is accepted for the required Regents examination in English language arts pursuant to clause (b) of subparagraph (i) of this paragraph and for one other required Regents examination pursuant to clause (a) of subparagraph (i) of this paragraph, and who has attained a passing score of 65 or above on each of the three remaining required Regents examinations (or satisfied the corresponding graduation requirement via an alternative assessment pursuant to section 100.2(f)(1) of this Part or a pathway assessment pursuant to section 100.5(a)(5)(i)(f) of this Part), shall earn a local diploma.

(vi) 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.

(vii) Special appeal to earn a diploma with a lower score on a Regents Examination taken in the 2021-2022 or 2022-2023 school year.

(a) Any student who meets the following eligibility conditions may appeal to earn a diploma with a lower score on a Regents Exam provided that the student has:

(1) taken the Regents examination during the June 2022, August 2022, January 2023, June 2023 or August 2023 test administration periods;

(2) earned a score of 50-64 on the Regents examination that is the subject of the appeal; and

(3) attained a course average in the corresponding course of such Regents examination 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.

(b) A student need only take the Regents examination under appeal one time during the specific administrations listed above to be eligible to appeal pursuant to this subparagraph.

(c) A student does not need to take advantage of academic assistance provided by the school in the subject tested by the Regents examination under appeal to be eligible to appeal pursuant to this subparagraph.

(d) Such special appeals may be applied towards a local, Regents or Regents with Advanced Designation diploma.

(e) Special appeals granted pursuant to this subparagraph for lower scores earned during these specific administrations shall not count towards the maximum number of appeals that can be applied to a local, Regents, or Regents with Advanced Designation diploma.

(f) In considering such special appeals, superintendents may consider the recommendations of the standing committee, a recommendation from the student's teacher or any other evidence presented or collected related to the student's attainment of the learning standards for the corresponding course of such Regents examination.

(g) A student's parent or person in parental relation may refuse an appeal granted to the student pursuant to this subparagraph if the parent wishes the student to remain in school and receive additional instruction. Such appeal may be considered again at any time before the student graduates.

(8) Making up incomplete or failed course credit. Commencing July 1, 2011 and thereafter, a school district, registered nonpublic school, charter school or the chief administrator of an educational program administered or supervised by a State agency pursuant to Education Law sections 112 and 3202(7) and Parts 116 and 118 of this Title 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:

(i) 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.

(ii) The make-up credit program shall:

(a) be aligned with the applicable New York State learning standards for such subject;

(b) satisfactorily address the student's course completion deficiencies and individual needs; and

(c) 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 section 1950, and who is certified in such area; or

(3) a teacher of the subject matter area in the registered nonpublic school, charter school or educational program administered by a State agency pursuant to Education Law section 112 and Part 116 of this Title.

(iii) 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.

(iv) For purposes of this paragraph, a make-up credit program may include, but is not limited to:

(a) repeating an entire course;

(b) taking the course again as part of a summer school program;

(c) receiving intensive instruction in the deficiency areas of the course; or

(d) 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 (ii)(c) of this paragraph.

(v) Make up credit shall be awarded to a student enrolled in an educational program administered by a State agency pursuant to paragraph (5) of this subdivision.

(9) Credit for independent study. Students enrolled in a school district, a charter school, a registered nonpublic school or educational program administered or supervised by a State agency pursuant to Education Law sections 112 and 3202(7) and Parts 116 and 118 of this Title may earn a maximum of three units of elective credit towards a Regents diploma through independent study, pursuant to the following:

(i) 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;

(ii) 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:

(a) 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

(b) the student has accumulated the expected number of units of credit for the student's grade level; and

(c) the student has passed the appropriate number of Regents examinations or other assessments required for graduation, for the student's grade level.

(iii) 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. Credit for independent study shall be awarded to a student enrolled in an educational program administered by a State agency pursuant to paragraph (5) of this subdivision.

(iv) For purposes of this paragraph, independent study shall be:

(a) academically rigorous and aligned to the New York State commencement-level learning standards;

(b) overseen by a teacher knowledgeable and experienced in the subject area of the independent study;

(c) based on a syllabus on file for each independent study; and

(d) 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.

(v) 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 (b)(7)(iv) of this section.

(10) Repealed and Reserved.

(11) Career development and occupational studies pathway. Students who first enter grade nine in September 2012 and thereafter or who are otherwise eligible to receive a high school diploma pursuant to this section in June 2016 and thereafter may meet the diploma requirements described in this section by:

(i) completing the applicable credit requirements pursuant to this section; and

(ii) completing the requirements for the New York State career development and occupational studies commencement credential as provided in section 100.6(b) of this Part; and

(iii) passing four assessments, one in each of the four subject areas of English, mathematics, science and social studies (United States history and government or global history and geography), as set forth in clauses (a)(5)(i)(a)-(e) of this section;

(12) Superintendent determination option for certain students with disabilities for eligibility for a local diploma.

(i) For purposes of this paragraph only, superintendent shall mean the superintendent of a school district; or the principal, head of school, or their equivalent, of a charter school or nonpublic school, as applicable.

(ii) School districts, registered nonpublic high schools and charter schools shall ensure that every student who is identified as a student with a disability as defined in Education Law section 4401(1) and section 200.1(zz) of this Title and who does not meet the assessment requirements for graduation through the existing appeal options, the compensatory score option, and/or the 55-64 low pass safety net option available under this section but who is otherwise eligible to graduate in June 2016 and thereafter shall be considered for a local diploma through the superintendent determination option in accordance with the requirements of this paragraph, provided that the student:

(a) has a current individualized education program and is receiving special education programs and/or related services pursuant to Education Law section 4402 and section 200.4 of this Title;

(b) took the English Regents examination required for graduation pursuant to this section and achieved a minimum score of 55 or successfully appealed a score of between 52 and 54 on such examination pursuant to paragraph (7) of this subdivision, except as otherwise provided in subparagraph (v) of this paragraph; and

(c) took a mathematics Regents examination required for graduation pursuant to this section and achieved a minimum score of 55 or successfully appealed a score of between 52 and 54 on such examination pursuant to paragraph (7) of this subdivision, except as otherwise provided in subparagraph (v) of this paragraph; and

(d) participated in the remaining Regents examinations required for graduation pursuant to clauses (c), (d), (e) and (f) of subparagraph (a)(5)(i) of this section, but was unable to achieve a minimum score of 55 on one or more of the remaining assessments required for graduation or did not initiate an appeal of a score of between 52 and 54 on one or more such examinations pursuant to paragraph (7) of this subdivision, or was unable to use the compensatory score option for one or more such examinations pursuant to clause (7)(vi)(c) of this subdivision; provided that nothing in this clause shall prohibit a student who uses the New York State career development and occupational studies commencement credential to meet requirements of clauses (b) and/or (c) of this subparagraph from requesting a review by the superintendent to determine whether the student has otherwise demonstrated proficiency in the knowledge, skills and abilities only for the subject area(s) of English language arts and/or mathematics; and

(e) has earned the required course credits pursuant to this section and passed, in accordance with district policy, all courses required for graduation.

(iii) For each eligible student under this paragraph, the superintendent shall conduct a review to determine whether the student has otherwise demonstrated proficiency in the knowledge, skills and abilities in the subject area(s) where the student was not able to demonstrate his/her proficiency of the State's learning standards as measured by the corresponding Regents examination(s) and document such determination in accordance with the following procedures:

(a) the superintendent shall consider evidence that the student attained a grade for the course that meets or exceeds the required passing grade by the school for the subject area(s) under review and such grade is recorded on the student's official transcript with grades achieved by the student in each quarter of the school year. Such evidence may include, but need not be limited to, the student's final course grade, student work completed throughout the school year and/or any interim grades on homework, class work, quizzes and tests; and

(b) the superintendent shall consider the evidence that demonstrates that the student actively participated in the Regents examination(s) for the subject area(s) under review; and

(c) the superintendent shall, as soon as practicable, in a form and manner prescribed by the commissioner, document the evidence reviewed for an eligible student with disability under this paragraph and make a determination as to whether the student met the requirements for issuance of a local diploma pursuant to this paragraph and certify that the information provided is accurate; and

(d) the superintendent shall, as soon as practicable, provide each student and parent or person in parental relation to the student with a copy of the completed form and written notification of the superintendent's determination, and place a copy of the completed form in the student's record.

(1) Where the superintendent determines that the student has not met the requirements for graduation pursuant to this paragraph, the written notice shall inform the student and parent or person in parental relation to the student that the student has the right to attend school until receipt of a local or Regents diploma or until the end of the school year in which the student turns age 21, whichever shall occur first.

(2) Where the superintendent determines that the student has met the requirements for graduation pursuant to this paragraph, the parent shall receive prior written notice pursuant to the requirements of section 200.5(a)(5)(ii) of this Title indicating that the student is not eligible to receive a free appropriate public education after graduation with the receipt of the local diploma pursuant to this paragraph; and

(e) the superintendent shall, no later than August 31 of each year, provide the commissioner with a copy of the completed form for each student; and

(f) the commissioner may conduct audits of compliance with the requirements of this paragraph.

(iv) On or after October 18, 2016, a superintendent shall only make a determination under this paragraph upon receipt of a written request from an eligible student's parent or guardian. Such request shall be submitted in writing to the student's school principal or chairperson of the district's committee on special education. A written request received by the school principal, chairperson of the district's committee on special education, or any other employee of the school as applicable, shall be forwarded to school superintendent immediately upon its receipt.

(v) On or after December 12, 2017, a student who was unable to achieve a minimum score of 55 or did not initiate an appeal of a score of between 52 and 54 on the English and/or mathematics Regents exams shall be considered an eligible student for the superintendent determination option pursuant to this paragraph, provided that the student has completed the requirements for the New York State career development and occupational studies commencement credential pursuant to section 100.6(b) of this Part.

(a) For students with disabilities who are otherwise eligible to graduate in either the 2017-2018 school year or the 2018-2019 school year only, the school district, registered nonpublic high school or charter school may award the career development and occupational studies commencement credential to a student who has not met all of the requirements in section 100.6(b)(3)(ii) of this Part, for purposes of eligibility for the superintendent determination option pursuant to this paragraph, provided that the school principal, in consultation with relevant faculty, has determined that the student has otherwise demonstrated knowledge and skills relating to the commencement level career development and occupational studies learning standards. The principal must have evidence that the student has successfully completed relevant instructional and work-based learning activities during the student's secondary school years that demonstrate the student has readiness skills for entry-level employment. Students who are awarded the career development and occupational studies commencement credential pursuant to this clause may not use such credential to meet the requirements set forth in section 100.5(d)(11) of this Part for the career development and occupational studies pathway to a local or Regents diploma.

(b) The superintendent shall, in accordance with the requirements of subparagraph (iii) of this paragraph, conduct a review to determine whether such student has otherwise demonstrated proficiency in the knowledge, skills and abilities in English language arts and/or mathematics, in addition to reviewing any other subject areas required for graduation where the student was not able to demonstrate his/her proficiency of the State's learning standards as measured by the corresponding Regents examination pursuant to clause (ii)(d) of this paragraph.

(13) Civics pathway. Students enrolled in high school in September 2021 and thereafter or who are otherwise eligible to receive a high school diploma pursuant to this section may meet the diploma requirements described in this section by:

(i) completing the applicable credit requirements pursuant to this section;

(ii) completing the requirements for the New York State Seal of Civic Readiness as pursuant to subdivision (i) of this section; and

(iii) passing four assessments, one in each of the four subject areas of English, mathematics, science and social studies (United States History and government or global history and geography), as set forth in clauses (a)(5)(i)(a)-(e) of this section.

(14) Special determination to meet local diploma requirements.

(i) For purposes of this paragraph only, superintendent shall mean the superintendent of a school district or the principal, head of school, or their equivalent, of a charter school or registered nonpublic school, as applicable.

(ii) For the 2021-2022 school year, a student who is scheduled to graduate in June 2022, but is unable to earn a diploma because he or she did not achieve a passing score on or qualify for a special appeal pursuant to paragraph (7) of this subdivision for a required June 2022 Regents examination may request a special determination to graduate with a local diploma, provided such student has otherwise met all graduation requirements and one of the following criteria:

(a) the student was enrolled in a course of study or makeup program during the 2021-2022 school year leading to a June 2022 Regents examination, earned credit in such course of study or makeup program by the scheduled date of such Regents examination, and participated in such Regents examination, but did not achieve a passing score on or qualify for a special appeal pursuant to paragraph (7) of this subdivision for such examination; or

(b) the student was enrolled in a course of study or makeup program during the 2021-2022 school year that was intended to culminate in the student's participation in a June 2022 Regents examination and the student earned credit in such course of study or make up program by the scheduled date of such Regents examination but was unable to participate in the examination due to illness, including isolation or other restrictions attributable to COVID-19. Such illness must be documented by the student's physician or, in the case of required isolation due to COVID-19, the student must follow Centers for Disease Control and Prevention (CDC) and/or local guidelines for quarantine.

(iii) In considering a special determination to graduate with a local diploma, the superintendent shall consider evidence demonstrating that the student:

(a) earned credit in all courses of study required for graduation in accordance with the grading policies of the school district, registered nonpublic high school, or charter school. In making this determination, the superintendent must consider the student's final course grade as well as student work completed throughout the school year and/or interim grades on homework, class work, quizzes, and tests, and other measures of proficiency demonstrating the student has met the learning standards for such courses of study; and

(b) participated in such June 2022 Regents examination or was unable to participate due to documented illness, including isolation or other restrictions attributable to COVID-19.

(iv) The superintendent shall document, on a form prescribed by the Commissioner, the evidence reviewed, and the special determination made and provide a copy of such to the student and the student's parent or person in parental relation. The superintendent shall sign an assurance on the form that certifies that the information is accurate and the superintendent attests that the student has or has not met the requirements of this paragraph for a special determination to graduate with a local diploma. A copy of such form must be placed in the student's record and another copy must be submitted to the Department by August 31, 2022.

(v) Where the superintendent determines that the student has not met the requirements for a special determination prescribed in this paragraph, the superintendent shall inform the student and parent or person in parental relation that the student has the right to attend school until receipt of a local or Regents diploma or until the end of the school year in which the student turns age 21, whichever shall occur first.

(vi) A student's parent or person in parental relation may refuse a special determination to graduate with a local diploma granted pursuant to this paragraph if the parent or person in parental relation wishes the student to remain in school and continue their educational program.

(vii) Notwithstanding the provisions of this paragraph, where a student with a disability has an individualized education plan (IEP) and/or other documentation from the Committee on Special Education indicating continue his or her educational program, a school or district shall not confer a diploma for such student until a parent or person in parental relation confirms in writing that such student school receive a diploma.

(15) Individual Arts Assessment Pathway. Students who first enter grade nine in September 2022 and thereafter, who are otherwise eligible to receive a high school diploma pursuant to this section may meet the diploma requirements described in this section by:

(i) completing the applicable credit requirements pursuant to this section;

(ii) earning 3 units of diploma credit in the arts. Such credits shall include arts courses and/or media arts courses approved by the department for use in a student's individual arts assessment pathway sequence pursuant to this paragraph and department-approved career and technical education program pursuant to paragraph (6) of this subdivision;

(iii) passing a locally graded portfolio to demonstrate their attainment of the NYS Learning Standards for the Arts at the Accomplished level, (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) including:

(a) artistic statement and project goals;

(b) initial, intermediate, and final creative works; and

(c) documentation of the artistic and feedback process students utilized to research, revise, and complete their artistic work; and

(iv) passing four assessments, one in each of the four subject areas of English, mathematics, science, and social studies (United States history and government or global history and geography), as set forth in clauses (a)(5)(i)(a)-(e) of this section.

(e) 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.

(f) 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.

(g) Common core transition.

(1) Notwithstanding the provisions of this section, the following provisions shall apply to the specified student cohorts for purposes of meeting the English and mathematics requirements for a Regents or local diploma:

(i) English.

(a) Students who first enter grade 9 in September 2013 and thereafter shall meet the English requirement for graduation in clause (a)(5)(i)(a) of this section by passing the Regents examination in English language arts (common core) or an approved alternative pursuant to section 100.2(f) of this Part.

(b) Students who first enter grade 9 prior to September 2013 shall meet the English requirement for graduation in clause (a)(5)(i)(a) of this section by:

(1) successfully completing a course in English language arts (common core) and passing the Regents examination in English language arts (common core) or an approved alternative pursuant to section 100.2(f) of this Part; or

(2) successfully completing a course in English aligned to the 2005 Learning Standards and passing the Regents comprehensive examination in English or an approved alternative pursuant to section 100.2(f) of this Part; provided that for the January 2014, June 2014, August 2014, January 2015, June 2015, [and] August 2015, January 2016 and June 2016 administrations only, students enrolled in English language arts (common core) courses may, at the discretion of the applicable school district, take the Regents comprehensive examination in English in addition to the Regents examination in English language arts (common core), and may meet such English requirement by passing either examination.

(c) 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 or by earning a score within a comparable range, as approved by the Board of Regents, on the Regents examination in English language arts (common core). This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5).

(ii) Mathematics.

(a) Students who first begin instruction in a commencement level mathematics course aligned to the Common Core Learning Standards in September 2013 and thereafter shall meet the mathematics requirement for graduation in clause (a)(5)(i)(b) of this section by passing a commencement level Regents examination in mathematics that measures the Common Core Learning Standards, or an approved alternative pursuant to section 100.2(f) of this Part; provided that:

(1) for the June 2014, August 2014, January 2015 and June 2015 administrations only, students receiving algebra I (common core) instruction may, at the discretion of the applicable school district, take the Regents examination in integrated algebra in addition to the Regents examination in algebra I (common core), and may meet the mathematics requirement for graduation in clause (a)(5)(i)(b) of this section by passing either examination; and

(2) for the June 2015, August 2015 and January 2016 administrations only, students receiving geometry (common core) instruction may, at the discretion of the applicable school district, take the Regents examination in geometry aligned to the 2005 Learning Standards in addition to the Regents examination in geometry (common core), and may meet the mathematics requirement for graduation in clause (a)(5)(i)(b) of this section by passing either examination.

(3) for the June 2016, August 2016 and January 2017 administrations only, students receiving algebra II (common core) instruction may, at the discretion of the applicable school district, take the Regents examination in algebra 2/trigonometry aligned to the 2005 Learning Standards in addition to the Regents examination in algebra II (common core), and may meet the mathematics requirement for graduation in clause (a)(5)(i)(b) of this section by passing either examination.

(b) Students who first began or will complete an integrated algebra, geometry, or algebra 2/trigonometry course prior to September 2013 shall meet the mathematics requirement for graduation in clause (a)(5)(i)(b) of this section by passing the corresponding commencement level Regents examinations in mathematics or an approved alternative pursuant to section 100.2(f) of this Part.

(c) 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 or such other minimum passing score as approved by the Board of Regents on a commencement level Regents examination in mathematics that measures the Common Core Learning Standards. This provision shall apply only to students with disabilities who are entitled to attend school pursuant to Education Law, section 3202 or 4402(5).

(2) Earning a Regents diploma with advanced designation. Notwithstanding the provisions of this section, to earn a Regents diploma with an advanced designation a student must complete, in addition to the requirements for a Regents diploma, additional Regents examinations in mathematics as determined by the commissioner or approved alternatives pursuant to section 100.2(f) of this Part.

(i) 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:

(a) two examination combination. A student must pass:

(1) mathematics A and mathematics B; or

(2) mathematics A and algebra 2/trigonometry; or

(3) mathematics B and integrated algebra; or

(b) three examination combination. A student must pass:

(1) mathematics A or integrated algebra or algebra I (common core); and

(2) geometry or geometry (common core); and

(3) mathematics B or algebra 2/trigonometry or algebra II (common core); and

(ii) for students who elect to meet the requirements for a Regents diploma through the mathematics pathway assessment in 100.5(a)(5)(i)(f)(1)(ii), such students must also pass one additional assessment in mathematics in a different course selected from the list of Department approved alternatives pursuant to 100.2(f) in addition to those specified in clause (a) or (b) of subparagraph (i) of this paragraph;

(3) Credit by examination. Notwithstanding the provisions of this section, a student may earn a maximum of 61/2 units of credit for either a Regents or local diploma without completing units of study for such units of credit, if:

(i) 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;

(ii) the student achieves a score of at least 85, 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;

(iii) 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 of but not measured by the relevant Regents examination or State-approved examination if used, as determined by the principal;

(iv) 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; and

(v) calculation of units of credit based upon credit by examination.

(a) A student who earns a score of at least 85, or a comparable score as approved by the Board of Regents, 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) A student who first entered grade nine prior to September 2013 and who earns a score of at least 85 on the Regents comprehensive examination in English or a comparable score, as approved by the Board of Regents, on the regents examination in English language arts (common core) and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit. A student who first entered grade nine in September 2013 or thereafter and who earns a score of at least 85, or a comparable score as approved by the Board of Regents, on the Regents examination in English language arts (common core) and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.

(g) 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 section 100.2(d)(3) of this Part and meets the requirements of subparagraphs (i), (iii) and (iv) of this paragraph shall receive one unit of credit.

(h) 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.

(i) 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.

(4) Transfer credit. Notwithstanding the provisions of this section:

(i) 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 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 or the Regents examination in English language arts (common core), 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 such 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. Additionally, for such student who first enters grade 11 in a registered New York State high school in the 2018-2019 school year and thereafter, the principal may exempt the student from the two units of credit requirement in global history and geography and may substitute two units of credit in social studies.

(ii) 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 or the Regents examination in English language arts (common core), a Regents examination in mathematics, a Regents examination in United States history and government, or approved alternatives. The principal may exempt such 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. Additionally, for such student who first enters grade 12 in a registered New York State high school in the 2019-2020 school year and thereafter, the principal may exempt the student from the two units of credit requirement in global history and geography and may substitute two units of credit in social studies.

(h) New York State Seal of Biliteracy.

(1) Purpose and Intent. The purpose of this subdivision is to establish requirements for earning a New York State (NYS) Seal of Biliteracy pursuant to Education Law section 815. The intent of the NYS Seal of Biliteracy is to encourage the study of languages; certify attainment of biliteracy; provide employers with a method of identifying high school graduates with language and biliteracy skills; provide universities with an additional method to recognize applicants seeking admission; prepare students with twenty-first century skills; recognize the value of world languages and heritage language instruction in schools; and strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community. The NYS Seal of Biliteracy shall be awarded by the commissioner to students who meet the criteria of this subdivision and attend schools in school districts that are approved by the commissioner pursuant to this subdivision to participate in the program. The NYS Seal of Biliteracy shall be affixed to high school diplomas and transcripts of graduating pupils attaining Seal criteria. No fee shall be charged to a student pursuant to this subdivision.

(2) Definitions. For purposes of this section, world language means any world language including all modern languages, Latin, American Sign Language, Native American languages, and native languages.

(3) School district requirements. School district participation in the NYS Seal of Biliteracy program is voluntary. A school district that wishes to participate in the program shall:

(i) form a Seal of Biliteracy Committee (SBC).

(a) The SBC shall include, but is not limited to, the following personnel:

(1) a World Language teacher,

(2) an English Language Arts (ELA) teacher,

(3) an English for Speakers of Other Languages (ESOL) teacher,

(4) a guidance counselor, and

(5) an administrator;

(b) The SBC shall:

(1) create a Seal of Biliteracy plan that includes, but is not limited to, details concerning committee recruitment and composition, communications, student advisement, evaluation, and presentation of awards;

(2) create a timeline for all activities pertaining to the Seal of Biliteracy program including, but not limited to, communications, a student advisement schedule, and dates for important benchmarks throughout the program year;

(3) develop a student application process, including an application form to be completed by interested students and returned to the SBC;

(4) provide for the assignment of an advisor to each student accepted into the program to review program requirements and meet regularly with the student to review the student's progress; and

(5) review and evaluate all coursework, assessments, and other work completed by each student to ensure criteria for the seal are met.

(ii) Submit an application to the Commissioner, in a form and by a date prescribed by the Commissioner, for approval for the school district to participate in the program. Such application shall include a narrative that describes how the district will implement the NYS Seal of Biliteracy program, including plans for program communications, processes pertaining to student application, advisement and evaluation, and timelines and benchmarks for the program.

(iii) Participating school districts shall maintain appropriate records in order to identify students who have earned a NYS Seal of Biliteracy. At the end of each school year in which a school district participates in the program, the school district shall submit a report to the Commissioner, in a form and by a date prescribed by the Commissioner, that includes the number of students receiving the Seal along with relevant data including, but not limited to, the types of languages, number of English Language Learner (ELL) students, and the criteria chosen under subparagraphs (ii) and (iii) of paragraph (4) of this subdivision.

(4) Student requirements.

(i) Minimum requirement. Students who wish to receive the NYS Seal of Biliteracy shall complete all requirements for graduating with a Regents diploma (however, students in schools with an alternate pathway for graduation approved by the Commissioner will be held to those schools' criteria);

(ii) Additional requirements. Except as provided in subparagraph (iii) of this paragraph, in addition to the minimum requirement listed in subparagraph (i) of this paragraph, students shall earn at least three points in each of the two areas listed below:

(a) Area 1: Criteria for Demonstrating Proficiency in English.

(1) Students shall earn one point per item for achieving the following items:

(i) Score 75 or higher on the NYS Comprehensive English Regents Examination, or score 80 or higher on the NYS Regents Examination in English Language Arts (however, students in schools with an alternate pathway for graduation approved by the Commissioner will be held to those schools' criteria), or students who have been exempted from the applicable Regents Examination in English Language Arts in the June 2020 or August 2020 Regents examination administration pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section, or English Language Learners (ELLs) score 75 or above on two Regents exams other than English, without translation, or ELLs have been exempted from two of the applicable Regents examinations in the June 2020, August 2020, January 2021, June 2021 or August 2021 Regents examination administrations pursuant to subparagraph (vi) of paragraph (5) of subdivision (a) of this section;

(ii) ELLs earn an overall score of 290 on the New York State English as a Second Language Achievement Test (NYSESLAT) or who were identified in the 2019-2020 school year at the Transitioning or Expanding English Language Proficiency Level by the statewide English language proficiency identification assessment or the annual English language proficiency assessment and who earned credit in a course of study for English as a New Language or Bilingual Education in the 20192020 school year.

(b) Area 2: Criteria for demonstrating proficiency in a world language.

(1) Students shall earn one point per item for achieving the following items:

(i) complete a level four Checkpoint C world language course, with a grade of 85 or higher, or a comparable score using another scoring system set by the district and approved by the commissioner;

(ii) for students enrolled in a bilingual education program, complete all required Home Language Arts (HLA) courses with an 85 or higher, or a comparable score using another scoring system set by the district and approved by the commissioner;

(iii) score at a proficient level on an accredited Checkpoint C world language assessment, approved by the Commissioner; and

(iv) provide transcripts from a school in a foreign country showing at least three years of instruction in the student's home/native language in Grade 8 or beyond, with equivalent grade average of B or higher.

(2) Students shall earn two points for achieving this item: present a culminating project, scholarly essay, or portfolio that meets the criteria for speaking, listening, reading, and writing established by the district's SBC and that is aligned to the NYS Checkpoint C Learning Standards to a panel selected by the SBC consisting of at least one SBC member and at least two reviewers who are proficient in the target language.

(iii) Unique Requirements for Specific Languages: Special allowances may be necessary to accommodate the unique characteristics of certain languages. In cases where language assessments across all three modes of communication (interpersonal, interpretive and presentational) may not be appropriate or available, school districts may substitute a different assessment that meets the intent of the NYS Seal of Biliteracy. Students seeking the Seal through languages not characterized by the use of listening, speaking, reading, or for which there is not a writing system, shall demonstrate the expected level of proficiency on an assessment of the modalities that characterize communication in that language, consistent with the recommendations in the "Guidelines for Implementing the Seal of Biliteracy" of the American Council on the Teaching of Foreign Languages (ACTFL), the National Association for Bilingual Education (NABE), the National Council of State Supervisors for Languages (NCSSFL) and TESOL International Association.

(a) Latin and Classical Greek: The NYS Seal of Biliteracy shall be earned by assessment of interpretive reading and presentational writing, not of listening or interpersonal face-to-face communication.

(b) American Sign Language (ASL): The NYS Seal of Biliteracy shall be earned by assessment of interpersonal signed exchange, presentational signing, and demonstrating understanding of ASL (such as interpreting a signed lecture or by summarizing and responding to questions aimed at overarching understanding).

(c) Native American Languages: The NYS Seal of Biliteracy shall be earned by assessment of interpersonal face-to-face communication as well as interpretive listening and presentational speaking, and writing and reading where a written code exists.

(i) New York State Seal of Civic Readiness.

(1) Purpose and Intent. The purpose of this subdivision is to establish requirements for earning a New York State (NYS) Seal of Civic Readiness. The intent of the NYS Seal of Civic Readiness is to encourage the study of civics and civility through experiential learning; certify attainment of civic readiness; provide employers with a method of identifying high school graduates with skills in civics and civility; provide universities with an additional method to recognize applicants seeking admission; prepare students with twenty-first century skills; recognize the value of K-12 Social Studies education in schools as a means to build civic knowledge; empower students as agents of positive social change to redress historical and contemporary oppression and strengthen our diverse democracy. The NYS Seal of Civic Readiness shall be awarded to students who meet the criteria of this subdivision and complete all criteria prescribed by the Commissioner at a New York State high school approved by the commissioner to offer the NYS Seal of Civic Readiness The NYS Seal of Civic Readiness shall be affixed to high school diplomas and transcripts of graduating pupils attaining Seal criteria. No fee shall be charged to a student pursuant to this subdivision.

(2) School district requirements. School district participation in the NYS Seal of Civic Readiness program is voluntary. A school district that wishes to participate in the program shall:

(i) submit an application for approval to the commissioner, in a form and by a date prescribed by the commissioner, for the school district to participate in the program. Such application shall include a narrative that describes how the district will implement the NYS Seal of Civic Readiness program, including plans for program communications, processes pertaining to student tracking, advisement and evaluation, and timeliness and benchmarks for the program;

(ii) maintain appropriate records in order to identify students who have earned a NYS Seal of Civic Readiness. At the end of each school year in which a school district participates in the program, the school district shall submit a report to the commissioner, in a form and by a date prescribed by the commissioner, that includes the number of students receiving the Seal along with relevant data including, but not limited to the criteria chosen under subparagraph (4)(ii) and (iii) of this subdivision; and

(iii) establish and identify a NYS Seal of Civic Readiness Committee (SCRC).

(a) The SCRC shall include, but is not limited to, the following personnel:

(1) at least one Social Studies teacher;

(2) at least one School Counselor or other staff who will track student progress on earning the Seal; and

(3) at least one administrator or other staff member who will serve as the main contact with the Department in order to collect data on school offerings and submit copies of student work to the Department if requested.

(b) The SCRC shall:

(1) create a NYS Seal of Civic Readiness plan that includes, but is not limited to, details concerning, communications, student advisement, evaluation, and presentation of awards;

(2) create a master list of all available courses and extracurricular activities pertaining to the NYS Seal of Civic Readiness program within their high school including, but not limited to dates for required benchmarks throughout the program year;

(3) develop a student tracking process, including an application process to be completed by interested students and reviewed by an advisor;

(4) review and approve potential service learning, extracurricular and work-based learning experiences, the Middle School Capstone Project if available, Civic Projects and Civics Capstone Projects in accordance with Commissioner's guidelines; and

(5) review and evaluate all coursework, assessments, and civic experiential learning completed by each student to ensure criteria for the seal are met.

(3) Student requirements.

(i) Students who wish to receive the NYS Seal of Civic Readiness shall complete all requirements for a New York State local or Regents diploma.

(ii) In addition, students shall earn points, as outlined in guidance by the Commissioner, in each of the two areas listed below:

(a) Area 1: Criteria for Demonstrating Civic Knowledge. Students may earn points, as outlined in guidance by the Commissioner, by earning credit in social studies courses, passing or receiving a mastery level score on a social studies Regents examination, or completing a civic readiness research project.

(b) Area 2: Criteria for Demonstrating Civic Participation. Students may earn points, as outlined in guidance by the Commissioner, by completing a culminating high school civic project, completing a service learning project, completing a middle school or high school Civics Capstone project, achieving proficiency in a civic engagement elective course, or participating in an extra-curricular program or work-based learning experience that promotes civic engagement or civic action for a minimum of 40 hours.

(j) Notwithstanding any other provision of this section, for the 2019-20 school year a student may be exempted from any requirement(s) for units of study leading to units of credit for a diploma pursuant to this section if such student is unable to meet such unit of study requirement due to a school being closed pursuant to an Executive Order(s) of the Governor pursuant to the State of emergency for the COVID-19 crisis where such student otherwise achieves the learning outcomes for the portion of such unit of study completed.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 100.5

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