N.Y. Comp. Codes R. & Regs. tit. 8 § 100.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 100.1 - Definitions

As used in this Part:

(a) Unit of study means at least 180 minutes of instruction per week throughout the school year, or the equivalent. Equivalent shall mean at least 180 minutes of instructional time per week for instruction delivered in a traditional face to face model or through alternative instructional experiences, including but not limited to through digital technology or blended learning, that represents standards-based learning under the guidance and direction of an appropriately certified teacher. Instructional experiences shall include, but not be limited to: meaningful and frequent interaction with an appropriately certified teacher; academic and other supports designed to meet the needs of the individual student and instructional content that reflects consistent academic expectations as in-person instruction. Any alternative instructional experience must include meaningful feedback on student assignments and methods of tracking student engagement.

(b) Unit of credit is earned by:

(1) the mastery of the learning outcomes set forth in a New York State-developed or locally developed syllabus for a given high school subject, after a student has had the opportunity to complete a unit of study in the given subject matter area, except that during the 2019-2020 school year in those instances when a school is unable to provide a full unit of study due to closure of schools pursuant to an Executive Order(s) of the Governor pursuant to the State of emergency for the COVID-19 crisis, students shall earn a unit of credit if they have otherwise achieved the standards assessed in the provided coursework; or

(2) pursuant to section 100.5(d)(1) of this Part, a passing score of at least 85 percent or its equivalent on a department-approved examination in a given high school subject without the completion of a unit of study, and the successful completion of either an oral examination or a special project.

(c) Syllabus means a document stating the expected learning outcomes, including the goals, objectives, concepts, skills and understandings in a given subject.

(d) Pupil evaluation program tests means State tests in reading, writing or mathematics and administered in grade six or below.

(e) Regents preliminary competency tests means State tests of achievement in reading or writing administered in grade eight or nine.

(f) Regents competency tests means State tests of achievement in reading, writing, mathematics, American history and government, global studies and science administered in grades 9 through 12.

(g) Academic intervention services means additional instruction which supplements the instruction provided in the general curriculum and assists students in meeting the State learning standards as defined in subdivision (t) of this section and/or student support services which may include guidance, counseling, attendance, and study skills which are needed to support improved academic performance; provided that such services shall not include services provided to students with limited English proficiency pursuant to Part 154 of this Title or special education services and programs as defined in Education Law, section 4401(1) and (2). Academic intervention services are intended to assist students who are at risk of not achieving the State learning standards in English language arts, mathematics, social studies and/or science, or who are at risk of not gaining the knowledge and skills needed to meet or exceed designated performance levels on State assessments. Academic intervention services shall be made available to students with disabilities on the same basis as nondisabled students, provided, however, that such services shall be provided to the extent consistent with the individualized education program developed for such student pursuant to section 4402 of the Education Law.

(h) Program evaluation tests means assessments of the local instructional program by means of written tests administered to students and other measurement techniques.

(i) Second language means a language other than English, including American Sign Language.

(j) Second language proficiency examinations means State tests of language skills in modern or classical languages other than English or in Native American languages that were administered prior to July 1st of the 2010-2011 school year.

(k) Career and technical education proficiency examinations means State tests taken by students pursuing approved sequences in career and technical education subjects.

(l) Career and technical education mean a kindergarten through adult program area of study that includes rigorous academic content closely aligned with career and technical subject matter, using the State learning standards of career development and occupational studies as a framework. In grades seven through twelve, career and technical education include the specific disciplines of agricultural education, business, and marketing education, computer science education, family, and consumer sciences education, health sciences education, technology education and trade and technical education.

(m) Regents examinations means State achievement test based upon syllabi prescribed by the department.

(n) Occupationally related mathematics course means that course taught in accordance with the State syllabus in occupationally related mathematics.

(o) Business mathematics course means that course taught in accordance with the State syllabus in business mathematics.

(p) Speech and language improvement services means services provided by certified or licensed teachers of the speech and hearing handicapped to eligible students with speech impairments, such as dysfluency, impaired articulation, language disorders, or voice disorders, of a severity that does not adversely affect the student's educational performance, but does present a barrier to communication.

(q) -(r) [Reserved]

(s) Direct student support team services means consultation and planning by building-level professional staff to design and provide an appropriate and coordinated individualized instructional and support service program for eligible students.

(t) State learning standards means the knowledge, skills and understandings that individuals can and do habitually demonstrate over time as a consequence of instruction and experience.

(1) State learning standards are organized into seven general curriculum areas:

(i) English language arts.

(a) Students will listen, speak, read and write for information and understanding. As listeners and readers, students will collect data, facts, and ideas; discover relationships, concepts, and generalizations; and use knowledge generated from oral, written and electronically produced texts. As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to acquire, interpret, apply and transmit information.

(b) Students will read and listen to oral, written and electronically produced texts and performances from American and world literature; relate texts and performances to their own lives; and develop an understanding of the diverse social, historical and cultural dimensions the texts and performances represent. As speakers and writers, students will use oral and written language that follows the accepted conventions of the English language for self-expression and artistic creation.

(c) Students will listen, speak, read and write for critical analysis and evaluation. As listeners and readers, students will analyze experiences, ideas, information and issues presented by others using a variety of established criteria. As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to present, from a variety of perspectives, their opinions and judgments on experiences, ideas, information and issues.

(d) Students will listen, speak, read and write for social interaction. Students will use oral and written language that follows the accepted conventions of the English language for effective social communication with a wide variety of people. As readers and listeners, they will use the social communications of others to enrich their understanding of people and their views.

(ii) Mathematics, science and technology.

(a) Students will use mathematical analysis, scientific inquiry and engineering design, as appropriate, to pose questions, seek answers, and develop solutions.

(b) Students will access, generate, process and transfer information using appropriate technologies.

(c) Students will, through the integrated study of number sense and operations, algebra, geometry, measurement, and statistics and probability, understand the concepts of and become proficient with the skills of mathematics, communicate and reason mathematically and become problem solvers by using appropriate tools and strategies.

(d) Students will understand and apply scientific concepts, principles and theories pertaining to the physical setting and living environment and recognize the historical development of ideas in science.

(e) Students will apply technological knowledge and skills to design, construct, use and evaluate products and systems to satisfy human and environmental needs.

(f) Students will understand the relationships and common themes that connect mathematics, science and technology and apply the themes to these and other areas of learning.

(g) Students will apply the knowledge and thinking skills of mathematics, science and technology to address real-life problems and make informed decisions.

(iii) Social studies.

(a) Students will use a variety of intellectual skills to demonstrate their understanding of major ideas, eras, themes, developments and turning points in the history of the United States and New York.

(b) Students will use a variety of intellectual skills to demonstrate their understanding of major ideas, eras, themes, developments and turning points in world history and examine the broad sweep of history from a variety of perspectives.

(c) Students will use a variety of intellectual skills to demonstrate their understanding of the geography of the interdependent world in which we live - local, national and global - including the distribution of people, places and environments over the Earth's surface.

(d) Students will use a variety of intellectual skills to demonstrate their understanding of how the United States and other societies develop economic systems and associated institutions to allocate scarce resources, how major decision-making units function in the United States and other national economies and how an economy solves the scarcity problem through market and nonmarket mechanisms.

(e) Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the United States and other nations; the United States Constitution; the basic civic values of American constitutional democracy; and the roles, rights and responsibilities of citizenship, including avenues of participation.

(iv) World languages.

(a) Students will be able to use a language other than English for communication.

(b) Students will develop cross-cultural skills and understandings.

(v) The arts.

(a) Students will actively engage in the processes that constitute creation and performance in the arts (visual arts, music, dance and theatre) and participate in various roles in the arts.

(b) Students will be knowledgeable about and make use of the materials and resources available for participation in the arts in various roles.

(c) Students will respond critically to a variety of works in the arts, connecting the individual work to other works and to other aspects of human endeavor and thought.

(d) Students will develop an understanding of the personal and cultural forces that shape artistic communication and how the arts in turn shape the diverse cultures of past and present society.

(vi) Health, physical education and family and consumer sciences.

(a) Students will have the necessary knowledge and skills to establish and maintain physical fitness, participate in physical activity and maintain personal health.

(b) Students will acquire the knowledge and ability necessary to create and maintain a safe and healthy environment.

(c) Students will understand and be able to manage their personal and community resources.

(vii) Career development and occupational studies.

(a) Students will be knowledgeable about the world of work, explore career options, and relate personal skills, aptitudes, and abilities to future career decisions.

(b) Students will demonstrate how academic knowledge and skills are applied in the workplace and other settings.

(c) Students will demonstrate mastery of the foundation skills and competencies essential for success in the workplace.

(d) Students who choose a career major will acquire the career-specific technical knowledge/skills necessary to progress toward gainful employment, career advancement and success in postsecondary programs.

(2) The State learning standards in each of the seven general curriculum areas, and the State assessments that measure achievement of the State learning standards, are organized into four levels:

(i) the elementary or elementary-level State learning standards and State assessments reflect the knowledge, skills, and understandings all students are expected to know and be able to do by the end of grade four;

(ii) the intermediate or intermediate-level State learning standards and State assessments reflect the knowledge, skills, and understandings all students are expected to know and be able to do by the end of grade eight;

(iii) the commencement or commencement-level State learning standards and State assessments reflect the knowledge, skills, and understandings all students are expected to know and be able to do upon receiving a high school diploma;

(iv) the alternate performance level for the State learning standards and the State assessment for students with severe disabilities reflect the knowledge, skills and understandings that such students are expected to know and be able to do as indicated in their individualized education programs. Students with severe disabilities means students who have limited cognitive abilities combined with behavioral and/or physical limitations and who require highly specialized education, social, psychological and medical services in order to maximize their full potential for useful and meaningful participation in society and for self-fulfillment. Students with severe disabilities may experience severe speech, language, and/or perceptual-cognitive impairments, and evidence challenging behaviors that interfere with learning and socialization opportunities. These students may also have extremely fragile physiological conditions and may require personal care, physical/verbal supports and/or prompts and assistive technology devices.

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

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

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

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

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

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

(y) Virtual instruction means synchronous, or synchronous and asynchronous, instruction provided by a teacher as prescribed in section 100.2(u)(3) that is designed for delivery in a virtual learning environment where there is regular and substantive interaction between the student and teacher.

(z) Blended instruction means instruction provided by a teacher as prescribed in section 100.2(u)(3) that is designed for delivery part of the time as synchronous instruction in an in-person learning environment, and part of the time as synchronous, or synchronous and asynchronous, instruction in a virtual learning environment where there is regular and substantive interaction between the student and teacher.

(aa) Virtual learning environment means an instructional and learning environment facilitated through digital video-based technology and/or a combination of an online learning management system and video-conferencing technology, where teacher-to-student, student-to-student, and/or student-to-content interactions occur solely through digital, internet-connected technology.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 100.1

Amended New York State Register December 30, 2020/Volume XLII, Issue 52, eff. 12/30/2020

Amended New York State Register July 28, 2021/Volume XLIII, Issue 30, eff. 7/28/2021

Amended New York State Register December 29, 2021/Volume XLIII, Issue 52, eff. 12/29/2021

Amended New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/28/2022

Amended New York State Register October 19, 2022/Volume XLIV, Issue 42, eff. 10/19/2022

Amended New York State Register May 1, 2024/Volume XLVI, Issue 18, eff. 9/1/2024