The Board of Regents, at their October 2012 meeting, approved the emergency adoption of an amendment to section 100.5 of the Regulations of the Commissioner of Education. These regulations, effective October 31, 2012, provide an additional option for a student with a disability to earn a local diploma through the use of a “compensatory option” if the student:
scores between 45-54 on one or more of the five required Regents exams, other than the English language arts (ELA) or mathematics exam1, but scores 65 or higher on one or more of the required Regents exams, in which case the lower score(s) can be compensated by the higher score(s)2; and
obtains 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
has a satisfactory attendance rate, in accordance with the district’s or school’s attendance policy, for the school year during which the student took the examination in which he or she received a score of 45-54, exclusive of excused absences; and
is not already using a passing score on one or more Regents Competency Tests (RCTs) to graduate with a local diploma. (A student may not use the compensatory score option if he or she is using a passing score on one or more RCTs to graduate with a local diploma.)
via Amendment to Section 100.5 of the Regulations of the Commissioner of Education Relating to the Safety Net for Students with Disabilities to Graduate with a Local High School Diploma: Special Education : EMSC : NYSED.