Policy 01-06

June 2001

The Board of Regents approved an extension of the safety net for students with disabilities in March 2001. This action extends the safety net for an additional four years to make it available to all students with disabilities entering 9^th grade from September 1996- September 2004. The Department will proceed with amendments to Part 100 of the Commissioner's Regulations to conform to this decision by the Board of Regents.

To earn a high school Regents diploma, students will need to take and pass the required course work and five Regents examinations. The safety net allows students with disabilities who do not pass a Regents exam required for their class to meet the requirements for a local diploma by passing the RCT or the equivalent in that subject. The student must take the required Regents exam but may take the RCT before or after the Regents exam. The RCTs will be available until the student graduates or reaches the age of 21. The safety net for students with disabilities is different from the 55 low pass local option available for all students, which allows students to earn local credit if they score between 55-64 on a Regents exam.

The following students qualify for the safety net:

• Students with disabilities identified through a Committee on Special Education (CSE). Specific language regarding the availability of the safety net does not have to be indicated on the student’s Individualized Education Program (IEP).

• Students with disabilities identified through the Section 504 Multidisciplinary Team (MDT) if recommended and documented by the MDT on the student’s Accommodation Plan.

• Students with disabilities declassified while in grades 8-12 if recommended and documented by the CSE on the student’s IEP.

The safety net has been extended to allow additional time to gather data on how students with disabilities are doing on the required Regents exams and the effect of requiring students to take multiple Regents exams. It will also provide more time for general and special education teachers to receive training in instructional strategies and curriculum modifications and for students with disabilities to receive Academic Intervention Services (AIS) to assist in achieving State learning standards in English language arts, math, social studies and science.

If you have questions about this information, please contact the Office of Vocational and Educational Services for Individuals with Disabilities, Special Education Policy Unit, at 518-473-2878 or your Regional Associate at one of the following VESID Special Education Quality Assurance Regional Offices: