AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 101, 207, 209, 210, 211-f, 214, 215, 305, 3001, 3004, 3009, 3204, 3205, 3602, 3602-e, 3602-ee, 6525, and 6611 of the Education Law and sections 1111(b)(2), 1111(c)(4), and 1111(d)(2) of the Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq. (Public Law 114-95, 129 STAT. 1802).
1. Section 60.6 of the Regulations of the Commissioner of Education is amended to read as follows:
§ 60.6 Limited permits.
For renewal of a limited permit in medicine the department may accept satisfactory evidence of personal or family illness or extenuating circumstances preventing the candidate from taking the licensing examination, or satisfactory performance on a significant part of the New York State licensing examination in medicine, provided that such permit shall not be renewed for more than 24 months. Due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, the Department, in its discretion, may renew such limited permit for an additional 24 months.
2. Subdivision (b) of section 61.19 of the Regulations of the Commissioner of Education is amended to read as follows:
(b) Cardiopulmonary resuscitation certification providers approved by the department shall include the American Heart Association, the American Red Cross, the National Safety Council and the American Safety and Health Institute. The Department may also approve other providers determined by the Department to offer substantially similar content to courses offered to professionals by such organizations and to have a similar renewal period. Online courses are not acceptable; all courses taken to meet this requirement shall be taken in person. Provided, however, that the Department, in its discretion, may accept alternative means to meet the in person course requirement of this subdivision if such requirement cannot be met due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Such coursework shall include, but need not be limited to, content in the following:
(1) scene survey;

(2) patient assessment;

(3) one and two rescuer cardiopulmonary resuscitation;

(4) mouth-to-mouth resuscitation;

(5) mouth-to-mask resuscitation;

(6) conscious choking;

(7) unconscious choking;

(8) bag-valve-mask resuscitation;

(9) recovery position;

(10) automated external defibrillator use;

(11) infection control matters;

(12) recognizing a heart attack; and

(13) cardiopulmonary resuscitation and automated external defibrillator scenarios.
3. Section 100.19 of the Regulations of the Commissioner of Education is amended by adding a new subdivision (m) to read as follows:
(m) Applicability.
(1) Notwithstanding any other provision of this section the Commissioner shall not use 2019-2020 or 2020-2021 school year results to newly identify in the 2021-2022 school year any schools as struggling, place any schools under independent receivership, or remove the designation of any schools as struggling or persistently struggling.
(2) Notwithstanding any other provision of this section, all schools identified as persistently struggling or struggling schools for the 2019-2020 school year shall remain so identified for the 2020-2021 and 2020-2021 school years and all schools that, pursuant to subdivision (a) of this section, operated under a school district superintendent receiver in the 2019-2020 and 2020-2021 school years shall continue to operate under a school district superintendent receiver in the 2021-2022 school year.
(3) Notwithstanding any other provision of this section, the Commissioner may, upon a finding of good cause, modify for the 2019-2020 through 2022-2023 school years any timelines pertaining to notifications, plans, reports, or implementation of activities required by this section, except for any timelines prescribed by law.
4. The opening paragraph of Section 80-3.7 of the Regulations of the Commissioner of Education shall be amended to read as follows:
This section prescribes requirements for meeting the education requirements for classroom teaching certificates through individual evaluation. Candidates who apply for any of the certificates in the classroom teaching service as described herein may continue to meet the education requirements for classroom teaching certificates through individual evaluation. Candidates with a graduate degree in science, technology, engineering, or mathematics who apply for an initial teaching certificate under subclause (a)(3)(ii)(c)(3) of this section may continue to meet the education requirements for classroom teaching certificates through individual evaluation after May 1, 2014. The candidate must have achieved a 2.5 cumulative grade point average or its equivalent in the program or programs leading to any degree used to meet the requirements for a certificate under this section. In addition, a candidate must have achieved at least a C or its equivalent in any undergraduate level course and at least a B- or its equivalent in any graduate level course, or, in response to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis candidates may achieve a passing grade or its equivalent in any undergraduate or graduate level course completed during the Spring, Summer, or Fall 2020 terms, in accordance with the pass/fail grading policy or its equivalent at the institution of higher education (e.g., credit/no credit, pass/fail, satisfactory/unsatisfactory policy), in lieu of achieving at least a C or its equivalent in any undergraduate level course and at least a B- or its equivalent in any graduate level course, in order for the semester hours associated with that course to be credited toward meeting the content core or pedagogical core semester hour requirements for a certificate under this section. All other requirements for the certificate, including but not limited to, examination and/or experience requirements, as prescribed in this Part, must also be met.
5. Paragraphs (7) and (8) of subdivision (b) of section 80-1.2 of the Regulations of the Commissioner of Education shall be added to read as follows:
(7) The commissioner shall extend the expiration date of the initial certificate, initial reissuance, provisional certificate, provisional renewal, and the extensions of the initial and provisional certificates from August 31, 2020 to January 31, 2021 in response to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.
(8) The commissioner shall extend the expiration date of the conditional initial certificate from August 31, 2020 to August 31, 2021 in response to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.
6. The Regulations of the Commissioner of Education is amended by adding a new section 80-5.27 to read as follows:
80-5.27 Emergency COVID-19 certificate for candidates seeking certain certificates, extensions, and annotations.
(a) Purpose. The purpose of the emergency COVID-19 certificate is to authorize a candidate who was adversely impacted by the COVID-19 crisis, and is seeking a certain certificate, extension, or annotation in a specific certificate title, to teach for a limited period of time.
(b) Limitations. The emergency COVID-19 certificate in a specific certificate title shall be valid for two years from its effective date and shall not be renewable.
(c) Requirements. To be eligible for an emergency COVID-19 certificate, the candidate shall:
(1) Apply for one of the following certificates, extensions, or annotations on or before September 1, 2022: the American sign language extension, coordinator of work-based learning programs for career awareness extension, coordinator of work-based learning programs for career development extension, bilingual education extension, general science in grades 5-9 and 7-12 extension, gifted education extension, grade level extensions to teach students with disabilities, initial or professional certificate in the classroom teaching service that has examination requirement(s), initial or professional certificate in the educational leadership service that has examination requirement(s), initial reissuance, world languages other than English– early childhood education and childhood education extension, teaching assistant certificate that has examination requirement(s), school administrator and supervisor provisional renewal, severe or multiple disabilities annotation, specific subject in a special class in grades 7-12 limited extension, subject in grades 5-6 extension, subject in grades 7-9 extension, subject in grades 5-9 or 7-12 for students with disabilities extension, supplementary certificate that has examination requirement(s), supplementary bilingual education extension, transitional A certificate through the Option B pathway, transitional B certificate, transitional C certificate, or transitional D certificate;
(2) Apply for the emergency COVID-19 certificate in such certificate title applied for pursuant to paragraph (1) of this subdivision on or before September 1, 2022; and
(3) (i) for certificates that require examination(s), met all requirements for such certificate applied for pursuant to paragraph (1) of this subdivision other than the examination requirement(s), on or before September 1, 2022; or
(ii) for extensions that require examination(s), either:
(a) met all requirements for such extension applied for pursuant to paragraph (1) of this subdivision, other than the examination requirement(s), on or before September 1, 2022; or
(b) met all requirements for such extension applied for pursuant to paragraph (1) of this subdivision, other than the base certificate requirement, on or before September 1, 2022, and hold an appropriate valid emergency COVID-19 base certificate at the time of the application evaluation; or
(c) met all requirements for such extension applied for pursuant to paragraph (1) of this subdivision, other than the examination requirement(s) and base certificate requirement, on or before September 1, 2022, and hold an appropriate valid emergency COVID-19 base certificate at the time of the application evaluation; or
(iii) for extensions or annotations that do not require examination(s), met all requirements for such extension or annotation applied for pursuant to paragraph (1) of this subdivision other than the base certificate requirement, on or before September 1, 2022, and hold an appropriate valid emergency COVID-19 base certificate at the time of the application evaluation;
(4) For the emergency COVID-19 American sign language extension and the emergency COVID-19 specific subject in a special class in grades 7-12 limited extension, a candidate shall only be issued either such extension if they meet the requirements of clause (b) of subparagraph (ii) of Paragraph (3) of this section.
7. Clause (c) of subparagraph (vi) of paragraph (3) of subdivision (c) of section 52.21 of the Regulations of the Commissioner of Education is amended to read as follows:
(c) Candidates shall have completed successfully the New York State assessment for school district leadership, except that the candidate shall be exempt from such assessment for program completion and for the institutional recommendation for the professional certificate in response to the time period of the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, if the candidate completed all program requirements other than the assessment requirement during the 2019-2020 or 2020-2021 academic year. The requirement of achieving a satisfactory level of performance on the New York State assessment for school district leadership shall be waived if the candidate completes the registered program prior to the availability of such New York State assessment. The department shall determine the date on which such assessment is available and required.
8. Subclause (3) of clause (a) of subparagraph (iii) of paragraph (4) of subdivision (c) of section 52.21 of the Regulations of the Commissioner of Education shall be amended to read as follows:
(3) State assessment. Candidates shall pass the New York State assessment for school district leadership, [provided that such assessment is available at the time the candidate applies and upon application qualifies for the transitional D certificate. The department shall determine the date on which such assessment is available and required.]except that the candidate shall be exempt from such assessment for the institutional recommendation for the transitional D certificate in response to the time period of the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, if the candidate completed all requirements for admitted candidates other than the assessment requirement on or before September 1, 2021.
9. Clause (c) of subparagraph (vi) of paragraph (5) of subdivision (c) of section 52.21of the Regulations of the Commissioner of Education is amended to read as follows:
(c) Candidates shall successfully complete the New York State assessment for school district business leadership, except that the candidate shall be exempt from such assessment for program completion and for the institutional recommendation for the professional certificate in response to the time period of the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, if the candidate completed all program requirements other than the assessment requirement during the 2019-2020 or 2020-2021 academic year. The requirement of achieving a satisfactory level of performance on the New York State assessment for school district business leadership shall be waived if the candidate completes the registered program prior to the availability of such New York State assessment. The department shall determine the date on which such assessment is available and required.
10. Paragraphs (2) and (3) of subdivision (b) of section 151-1.3 of the Regulations of the Commissioner of Education are amended to read as follows:
(2) School districts shall use the results of such assessments to annually monitor and track prekindergarten program effectiveness. A program shall be considered effective if the enrolled children demonstrate significant gains, as determined by the commissioner, in language, cognitive and social skills. Provided, however, that for the 2019-2020 school year, school districts shall not be required to monitor and track prekindergarten program effectiveness due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.
(3) Beginning in the 2008-2009 school year, school districts shall report annually, in a manner and timeline prescribed by the commissioner, the percentage of prekindergarten children making significant gains, as determined by the commissioner, in language, cognitive and social skills. The data shall be made part of school performance reports to parents and/or guardians of preschool children and the public. Provided, however, that for the 2019-2020 school year, school districts shall not be required to report such data or make such data part of school performance reports due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.
11. Section 100.7 of the Regulations of the Commissioner of Education is amended by adding a new subdivision (j) to read as follows:
(j) Notwithstanding paragraph (3) of subdivision (h) of this section, for alternative high school equivalency preparation programs to be operated during the 2020-2021 school year, the application to obtain approval of the department to operate such programs shall be submitted as soon as practicable but no later than 60 days after expiration of an Executive Order of the Governor declaring a State of emergency for the COVID-19 crisis.
12. Paragraph (1) of subdivision (b) of Section 100.1 of the Regulations of the Commissioner of Education is amended to read as follows:
(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
13. Paragraph (5) of subdivision (d) of Section 100.2 of the Regulations of the Commissioner of Education is amended to read as follows:
(5) Beginning in the 2010-2011 school year, students enrolled in grades eight or earlier may be granted one unit of credit by successfully completing two units of study in a language other than English and passing a locally developed test, both of which are aligned to the checkpoint A learning standards for languages other than English, which has been approved for high school credit by the public school district superintendent or the chief administrative officer of a registered charter or nonpublic high school provided, however, that for the 2019-2020 school year, the August 2020 summer school session, the 2020-2021 school year and the August 2021 summer school session due to the COVID-19 crisis, where a principal, in consultation with relevant faculty, determines that a student has met the standards assessed in the provided coursework leading to the checkpoint A locally developed test, the district may choose to waive the test requirement and grant such student one unit of credit. Where the test requirement has been waived no score shall be recorded on a student’s transcript or permanent record for such test.
14. Paragraph (2) of subdivision (e) of Section 100.4 of the Regulations of the Commissioner of Education is amended to read as follows:
(2) Beginning with the 1998-99 school year, the mathematics intermediate assessment shall be administered in grade 8. Beginning with the 2005-2006 school year, mathematics assessments shall be administered in grades 7 and 8, provided that [for the 2013-2014 and 2014-2015], beginning with the 2020-2021 school [years] year, students who attend grade 7 or 8 may take a Regents examination in mathematics in lieu of or in addition to the grade 7 or 8 mathematics assessment, in accordance with [section 100.18(b)(14)] clause (b)(1)(xvi)(c) of Section 100.21 of this Part.
15. Paragraph (5) of subdivision (a) of Section 100.5 of the Regulations of the Commissioner of Education is amended to read as follows:
(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) . . .
(b) . . .
(c) . . .
(d) . . .
(e) . . .
(f) Requirements for pathway assessments:
(1) Except as provided in paragraph (d)(11) 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) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) . . .
(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) . . .
(iv) . . .
(v) . . .
(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 United States history and government shall be exempt from the applicable Regents examination requirements for the January 2022 Regents examination administration if such students:
(i) were enrolled in a course of study that would ordinarily culminate in the taking of the January 2022 Regents Examination in United States History and Government (Framework) and earn credit for such course of study by the end of the first semester of the 2021-22 school year;
(ii) successfully completed a make-up program for the purpose of earning course credit in a course that would ordinarily culminate in the taking of the Regents Examination in United States History and Government (Framework) between September 1, 2021 and the end of the first semester of the 2021-22 school year; or
(iii) were preparing to take the Regents Examination in United States History and Government (Framework) in order to graduate at the end of the first semester of the 2021-22 school year.
(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.
16. Subparagraph (ii) of paragraph (7) of subdivision (b) of Section 100.5 of the Regulations of the Commissioner of Education is amended by adding a new clause (c) to read as follows:
(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.
17. Clause (d) of subparagraph (iv) of paragraph (7) of subdivision (b) of Section 100.5 of the Regulations of the Commissioner of Education is amended to read as follows:
(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 [during the 2020-2021 school year] 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.
18. Clause (c) of subparagraph (v) of paragraph (7) of subdivision (b) of Section 100.5 of the Regulations of the Commissioner of Education is amended to read as follows:
(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.
19. Subparagraph (x) of paragraph (7) of subdivision (b) of Section 100.5 of the Regulations of the Commissioner of Education is amended to read as follows:
(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.
20. Subclause (2) of clause (b) of subparagraph (ii) of paragraph (6) of subdivision (d) of Section 100.5 of the Regulations of the Commissioner of Education is amended to read as follows:
(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.
21. The opening paragraph of subparagraph (iv) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education is amended to read as follows:
(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.
22. Subdivision (b) of Section 100.6 of the Regulations of the Commissioner of Education is amended by adding a new paragraph (10) to read as follows:
(10) Notwithstanding the provisions of this subdivision, due to the State of emergency declared by the Governor pursuant to an Executive order for the COVID-19 crisis, districts and nonpublic schools may award to students who were enrolled in high school during the 2019-2020 and/or 2020-2021 school year but have not met all of the requirements of this subdivision, including taking and receiving a satisfactory passing score on an approved work-readiness assessment, the New York State career development and occupational studies commencement credential, provided that the student is otherwise eligible to exit from high school and 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 occupational studies learning standards.
23. Subdivision (a) of section 100.7 of the Regulations of the Commissioner is amended by adding a new paragraph (3) to read as follows:
(3) 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, for the 2019-2020 and/or 2020-20201 school years, a candidate for a high school equivalency diploma shall be exempt from a sub-test or sub-tests of the general comprehensive examination requirements of subclauses (a) and (b) of clause (i) of paragraph (2) of this subdivision where:
(i) pursuant to section 100.5(a)(5) of this Part, such candidate has been exempted from or passed the corresponding Regents examination or other examination approved by the commissioner pursuant to section 100.2(f) or (mm) of this Part for such sub-test or sub-tests; or
(ii) such candidate is enrolled in either an alternative high school equivalency preparation program in accordance with subdivision (h) of this section or an adult education program during the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis during such time that the general comprehensive exam is not available; and
(a) has previously taken and passed a combination of at least three Regents examinations and/or sub-tests of any general comprehensive examination under subclauses (a) and (b) of clause (i) of paragraph (2) of this subdivision; and
(b) for the remaining two sub-tests, the student achieves a passing grade in the corresponding approved high school equivalency classes with standards based curriculum and applicable assessments.