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Part 100 Regulations of the Commissioner of Education

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Middle Level (Grades 5-8) Requirements (Section 100.4)

The program requirements for grade 5 through grade 8 are outlined in Section 100.4 of the Regulations of the Commissioner of Education.

 

  1. Definitions.
    1. Technology education means a program of instruction designed to assist all students in meeting State intermediate standards for technology. Technology education uses concepts of science, mathematics, social science, and language arts in a hands-on, systems-based approach to problem solving that guides students in the understanding, design and development of systems, devices and products to serve human needs and wants.
    2. Home and career skills means a program of instruction designed to assist all students in meeting State intermediate learning standards for family and consumer sciences and to assist all students to develop strategies to manage multiple individual, family, career, and community roles and responsibilities through instructional activities which incorporate concepts of science, mathematics, social science and language arts.
  2. Program requirements for students in grades 5 and 6.
    1. Required instruction. During grades 5 and 6, all students shall receive instruction that is designed to facilitate their attainment of the applicable State learning standards as prescribed in subdivision (t) of section 100.1 of this Part, and where student need is established, bilingual education and/or English as a new language.
    2. Required assessments.
      1. Except as otherwise provided in subparagraphs (iv) and (v) of this paragraph, all students shall take the following assessments, provided that testing accommodations may be used as provided for in section 100.2(g) of this Part in accordance with department policy:
      2. beginning with the 2005-06 school year, English language arts and mathematics assessments shall be administered in grades 5 and 6, provided that, beginning with the 2021-22 school year, students who attend grade 6 may take a Regents examination in mathematics in lieu of or in addition to the grade 6 mathematics assessment, in accordance with clause (b)(1)(xvi)(c) of section 100.21 of this Part;
      3. for school years prior to July 1st of the 2010-2011 school year, all students in grade five shall take the social studies elementary assessment;
      4. students receiving a program of home instruction pursuant to section 100.10 of this Part may take, but shall not be required to take, the State assessments required of public school students;
      5. in accordance with their individualized education programs, students with disabilities instructed in the alternate academic achievement standards defined in section 100.1(t)(2)(iv) of this Part shall be administered a State alternate assessment to measure their achievement;
      6. beginning September 1, 2000 and continuing up to and including the 2004-2005 school year, fifth grade students who scored at Level 1 of the State designated performance levels on the English language arts elementary assessment and/or the mathematics elementary assessment administered in grade 4 shall receive at least one semester of academic intervention services and be retested no later than the completion of grade 5. Multiple sources of evaluation, including, but not limited to, a commercial test or other external test of demonstrated technical quality determined by the school district to be a valid and reliable means of evaluating a student's progress in achieving the elementary level State learning standards in English language arts and mathematics, shall be used to retest students in accordance with the district-adopted or district-approved procedure established pursuant to section 100.2(ee) of this Part;
      7. notwithstanding the provisions of this section, no school district shall make any student promotion or placement decisions based solely or primarily on student performance on the English language arts assessments and the mathematics assessments administered in grades 5 and 6. However, a school district may consider student performance on such assessments provided the school district uses multiple measures in addition to such assessments and that such assessments do not constitute the major factor in such determinations.
  3. Units of study in grades 7 and 8.
    1. Except as otherwise provided herein, all students shall be provided instruction designed to enable them to achieve, by the end of grade 8, the applicable State learning standards as prescribed in subdivision (t) of section 100.1 of this Part through:
      1. English language arts, two units of study;
      2. social studies, two units of study;
      3. science, two units of study;
      4. mathematics, two units of study;
      5. career and technical education (i.e., agricultural education, business and marketing education, computer science education, family and consumer sciences education, health sciences education, technology education, and/or trade and technical education), for a total of one and three-fourths units of study;
      6. physical education, as required by section 135.4(c)(2)(ii) of this Title;
      7. health education, one half unit of study, as required by section 135.3(c) of this Title;
      8. the arts, including one half unit of study in the visual arts, and one half unit of study in music;
      9. library and information skills, the equivalent of one period per week in grades 7 and 8;
      10. world languages pursuant to section 100.2(d) of this Part; and
      11. career development and occupational studies.
    2. The requirements for technology education, home and career skills, career and technical education and library and information skills may be met by the integration of the State learning standards of such subjects into other courses in accordance with the following criteria:
      1. In public schools, the unit of study requirements specified in subparagraphs (1)(v), (vi), (xii) and (xiii) of this subdivision are met.
      2. In public schools, the subjects of technology education, home and career skills, and any other career and technical education shall be taught by persons certified to teach those subjects.
      3. In public schools, library and information skills shall be taught by library media specialists and classroom teachers to ensure coordination and integration of library instruction with classroom instruction.
      4. In nonpublic schools, the unit of study requirements specified in subparagraphs (1)(v), (vi), (xii) and (xiii) of this subdivision may be met, or their equivalents may be met, by the incorporation of the State learning standards of such subjects into the syllabi for other courses and/or by appropriate results on examinations which demonstrate student mastery of the learning standards of such subjects. The chief administrative officer of a nonpublic school shall document the manner in which such nonpublic school has implemented the provisions of this subparagraph. Such documentation shall be in writing and available for review upon request by the commissioner.
    3. The unit of study requirement for technology education, home and career skills, and any other career and technical education included in paragraph (1) of this subdivision may be initiated in grade 5, provided that in public schools such subjects shall be taught by teachers appropriately certified in career and technical education.
    4. The unit of study requirements for world languages in this subdivision may be initiated in any grade prior to grade 8, pursuant to section 100.2(d)(2) of this Part, provided that in public schools such subject shall be taught by teachers certified in that area.
      1. To receive one unit of high school credit for world languages prior to grade nine, pursuant to section 100.2(d) of this Part, a student must take and pass the second language proficiency examination when available, or beginning in the 2010-2011 school year, successfully complete two units of study in a world language and pass a locally developed test, both of which are aligned to the Checkpoint A learning standards for world languages, which has been approved for high school credit by the public school district superintendent or chief administrative officer of a registered charter or nonpublic high school.
    5. Students who have been determined to need academic intervention services as set forth in section 100.2(ee)(2)(i) of this Part may have the unit of study requirements for one or more of their subjects reduced, provided that:
      1. academic intervention services shall be coordinated with and supplement instruction in the general curriculum;
      2. requirements for subjects set forth in paragraph (1) of this subdivision and for world languages instruction set forth in section 100.2(d) of this Part may be reduced but not eliminated. Academic intervention services shall be provided in a manner that does not diminish instructional time to a degree that may prevent a student from achieving the State learning standards in any area required for graduation or from meeting local standards for promotion. A principal shall consider a student's abilities, skills and interests in determining the subjects for which the unit of study requirements may be reduced;
      3. a student's parent or guardian shall be notified in writing, by the principal, of a school's intention to implement the provisions of this paragraph; and
      4. the reduction of unit of study requirements shall remain in effect only to the extent that the provisions of subparagraph (i) of this paragraph are being met.
    6. A student may meet the required half unit of study in music specified in subparagraph (1)(ix) of this subdivision by participation in a school's band, chorus or orchestra, provided that such participation is consistent with the goals and objectives of the school's music program for grades 7 and 8.
    7. The half unit of study requirement for health education specified in subparagraph (1)(viii) of this subdivision may be provided in grade 6, provided that in public schools such subject shall be taught by teachers certified in health education.
    8. For the 2019-20 school year a student may be exempted from the unit of study requirement(s) prescribed in this subdivision where such student is unable to meet such requirement(s) 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.
  4. Grade 8 acceleration for diploma credit.
    1. Public school students in grade 8 shall have the opportunity to take high school courses in mathematics and in at least one of the following areas: English, social studies, world languages, art, music, career and technical education subjects or science courses.
    2. Credit may be awarded for an accelerated course only when at least one of the following conditions has been met:
      1. accelerated students attend classes in a high school with high school students and pass the course on the same basis as the high school students. Credit is awarded by the high school; or
      2. the student passes the course and the associated checkpoint A locally developed world language test or Regents examination, when available, provided, however that a student shall be awarded credit for an accelerated course where such student passes the course and has been exempted from the associated Regents examination pursuant to paragraph (iv) of subdivision (a) of section 100.5 of this Part or from the associated checkpoint A locally developed world language test pursuant to paragraph (5) of subdivision (d) of section 100.2 of this Part due to the COVID-19 crisis. The credit must be accepted as a transfer credit by all registered New York State high schools; or
      3. in cases where no appropriate state assessment is available, the student passes a course in the middle, junior high or intermediate school that has been approved for high school credit by the public school district superintendent(s), or his or her designee(s), or the district(s) where the middle, junior high or intermediate school and the high school are located.
    3. Such opportunity shall be provided subject to the following conditions:
      1. The superintendent, or his or her designee, shall determine whether a student has demonstrated readiness in each subject in which he or she asks to begin high school courses in the eighth grade leading to a diploma.
      2. A student shall be awarded high school credit for such courses only if such student passes a Regents examination, a checkpoint A locally developed test, or if no such examinations are available, a locally developed examination  that establishes student performance at a high school level as determined by the principal, provided, however, that a student need not pass such an examination where the student has been exempted from a Regents examination pursuant to paragraph (iv) of subdivision (a) of section 100.5 of this Part or from a checkpoint A locally developed world language test pursuant to paragraph (5) of subdivision (d) of section 100.2 of this Part due to the COVID-19 crisis.
    4. Courses taken pursuant to this subdivision may be substituted for the appropriate requirements set forth in subdivision (c) of this section.
  5. Required assessments in grades 7 and 8. Except as otherwise provided in subdivisions (f) and (g) of this section, and except for students who have been admitted to a higher grade without completing the grade at which the assessment is administered, all students shall take the following assessments, provided that testing accommodations may be used as provided for in section 100.2(g) of this Part in accordance with department policy.
    1. Beginning with school year 1998-99, the English language arts intermediate assessment shall be administered in grade 8. Beginning with the 2005-2006 school year, English language arts assessments shall be administered in grades 7 and 8.
    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, beginning with the 2020-2021 school 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 clause (b)(1)(xvi)(c) of Section 100.21 of this Part;
    3. The program evaluation test in social studies in grade 8, beginning in May 1989. Beginning with the school year 2000-2001 through the 2009-2010 school year, the social studies intermediate assessment shall replace the program evaluation test and shall be administered in grade 8.
    4. Beginning with the school year 2000-2001, the science intermediate assessment shall be administered in grade 8; provided that students who attend grade 7 or 8 may take a Regents examination in science in lieu of or in addition to the grade 8 science intermediate assessment, in accordance with this section and section 100.21(b)(ii)(c)-(d) of this Part, and provided further that the science intermediate assessment shall not be administered in grade 8 to students who take such assessment in grade 7 and are being considered for placement in an accelerated high school-level science course when they are in grade 8 pursuant to subdivision (d) of this section or have taken a Regents examination in science in grade 7 in lieu of or in addition to the grade 8 science intermediate assessment.
    5. Such other assessments as the commissioner determines appropriate.
    6. Notwithstanding the provisions of this section, no school district shall make any student promotion or placement decisions based solely or primarily on student performance on the English language arts assessments and the mathematics assessments administered in grades 7 and 8. However, a school district may consider student performance on such assessments provided the school district uses multiple measures in addition to such assessments and that such assessments do not constitute the major factor in such determinations.
  6. Students receiving home instruction pursuant to section 100.10 of this Part may take, but shall not be required to take, the State assessments required of public school students.
  7. In accordance with their individualized education programs, students with disabilities instructed in the alternate academic achievement standards defined in section 100.1(t)(2) of this Part shall be administered a State alternate assessment to measure their achievement.
  8. Models for middle-level education programs.
    1. Definitions. As used in this subdivision:
      1. Middle-level education program means instruction in grades five through eight or any lesser combination of such grades, as determined by the school district, provided that such combination includes instruction in grade 7.
      2. Model A means a middle-level education program that meets the requirements of this section and all other applicable sections of this Title.
      3. Model B means a middle-level education program, approved pursuant to subparagraph (2)(ii) of this subdivision, that strengthens the attainment of the State intermediate learning standards measured by required State assessments, provides effective academic intervention services, and ensures all students receive instruction in those standards areas where there are no required State assessments.
      4. Model C means a middle-level education program, approved pursuant to subparagraph (2)(iii) of this subdivision, that either:
        1. restructures the delivery of instruction designed to facilitate the attainment of the State intermediate learning standards; or
        2. enhances instruction related to one or more of the State intermediate learning standards for which there are no required State assessments. Within Model C, there may be either a restructuring of the full educational program (Model C#1) or specific program refinements (Model C#2).
    2. Each school district shall conduct its middle-level education program in accordance with either Model A, Model B or Model C, as follows:
      1. Model A.
        1. Eligibility. All school districts are eligible to select Model A.
        2. Application. No application is required. All schools not approved to operate under Model B or C shall operate under Model A.
        3. Plan. No plan is required.
        4. Compliance requirements. A Model A middle-level education program shall meet the requirements of this section and all other applicable sections of this Title, and shall also meet the following requirements:
          1. districts shall administer required middle grade State assessments in English language arts, mathematics, and science;
          2. districts shall employ teaching staff that are properly certified to teach assigned subjects and classes;
          3. districts shall ensure that the middle-level program is aligned with the Regents policy statement on middle-level education and the State Education Department's essential elements of standards-focused middle-level schools and programs;
          4. students who are at risk of not meeting the State learning standards shall receive academic intervention services in accordance with section 100.2(ee) of this Part;
          5. students shall receive instruction in all of the State learning standards, with instruction in English language arts, mathematics, social studies, science and physical education occurring each year in each of the middle grades;
          6. students shall be provided opportunities for taking high school courses on an accelerated basis in accordance with subdivision (d) of this section.
      2. Model B.
        1. Eligibility. The following school districts are eligible to select Model B:
          1. a district proposing a program for a school or schools identified as a school requiring academic progress (SRAP) in year 3, 4 or 5, including but not limited to a school or schools identified for school improvement for three or more consecutive years under 20 U.S.C. section 6316(b), or a school or schools under registration review (SURR) pursuant to section 100.2(p) of this Part; or
          2. a district proposing a program for a newly formed school or schools, including but not limited to those formed in response to a mandate to redesign or restructure pursuant to section 100.2(p) of this Part.
        2. Application.
          1. The district shall submit to the commissioner for approval an application in a form and according to such timelines as prescribed by the commissioner, that includes proposed measurable indicators and evidence of school change and improvement aligned with the Regents policy statement on middle-level education and the State Education Department's essential elements of standards-focused middle-level schools and programs.
          2. The application shall be approved by the superintendent of schools and the board of education prior to its submission to the commissioner. In the case of an application submitted by the city school district of the City of New York for an existing school, the application shall be developed by the regional superintendent, approved by the chancellor of the city school district, and submitted by the chancellor to the commissioner for approval. In the case of an application submitted by the city school district of the City of New York for a newly formed school, the application may be developed by either the regional superintendent or the chancellor of the city school district, and shall be approved and submitted by the chancellor of the city school district to the commissioner for approval.
          3. The district shall submit with its application a report from the district's shared decision-making team or, for the city school district of the City of New York, the district's school leadership team, that provides evidence that consultation took place at the district and building levels and that identifies the concerns expressed by constituents.
        3. Plan. Each district selecting Model B, regardless of its accountability status pursuant to section 100.2(p) of this Part, shall prepare a plan consistent with the requirements of section 100.2(p) of this Part, in a format as prescribed by the commissioner. The plan shall address the results of a State-developed, locally conducted self-study, shall conform to the design principles set forth in clause (d) of this subparagraph, and be submitted as part of the application.
        4. Compliance requirements. A Model B middle-level education program shall meet the requirements of this section and all other applicable sections of this Title, except that the prescribed time requirements for units of study in courses where there are no required State assessments as set forth in paragraph (c)(1) of this section shall be met subject to such modifications as set forth in the approved application and plan, and shall also meet the following design principles:
          1. districts shall administer required middle grade State assessments in English language arts, mathematics, and science;
          2. districts shall employ teaching staff that are properly certified to teach assigned subjects and classes;
          3. districts shall ensure that the middle-level program is aligned with the Regents policy statement on middle-level education and the State Education Department's essential elements of standards-focused middle-level schools and programs;
          4. students who are at risk of not meeting the State learning standards shall receive academic intervention services in accordance with section 100.2(ee) of this Part;
          5. students shall receive instruction in all of the State learning standards, with instruction in English language arts, mathematics, social studies, science and physical education occurring each year in each of the middle grades;
          6. students shall be provided opportunities for taking high school courses on an accelerated basis in accordance with subdivision (d) of this section.
        5. Approval.
          1. Approval of an application shall be based upon the commissioner's acceptance of the measurable indicators and evidence of school change and improvement as proposed in the application and plan.
          2. Approval shall be for a five-year implementation period. A district may reapply pursuant to this subparagraph for continued approval to operate the Model B program for one additional five-year period.
          3. The district shall monitor and publicly report, in a form and according to such timelines as prescribed by the commissioner, progress on the following factors:
            1. the implementation of the plan proposed in the application;
            2. the measurable indicators and evidence of school change and improvement as proposed in the approved application, and other indicators of success, such as State-developed checklists of knowledge and skills in those areas where there are no required State assessments;
            3. the school's performance indices; and
            4. compliance with the design principles set forth in subclauses (d)(1)-(6) of this subparagraph.
          4. The commissioner may terminate approval at any time during the implementation period, including any approved continuations, upon a determination that the district has failed to comply with the requirements of its approved application and the requirements of clause (d) of this subparagraph.
      3. Model C.
        1. Eligibility. The following school districts are eligible to select Model C: a district proposing a program for a newly formed, or an existing, school or schools, other than those schools described in clause (ii)(a) of this paragraph.
        2. Application.
          1. The district shall submit to the commissioner for approval an application in a form and according to such timelines as prescribed by the commissioner, that includes proposed measurable indicators and evidence of school change and improvement aligned with the Regents policy statement on middle-level education and the State Education Department's essential elements of standards-focused middle-level schools and programs.
          2. The application shall be approved by the superintendent of schools and the board of education prior to its submission to the commissioner for approval, provided that an application for specified program enhancements (Model C#2) submitted by a school district, other than a city school district with 125,000 inhabitants or more, shall be approved by the superintendent of schools and the board of education, and submitted to the district superintendent of the supervisory district in which such school district is located for his or her recommendation, prior to submission of the application to the commissioner for approval. In the case of an application submitted by the city school district of the City of New York for an existing school, the application shall be developed by the regional superintendent, approved by the chancellor of the city school district, and submitted by the chancellor to the commissioner for approval. In the case of an application submitted by the city school district of the City of New York for a newly formed school, the application may be developed by either the regional superintendent or the chancellor of the city school district, and shall be approved and submitted by the chancellor of the city school district to the commissioner for approval.
          3. The district shall submit with its application a report from the district's shared decisionmaking team or, for the city school district of the City of New York, the district's school leadership team, that provides evidence that consultation took place at the district and building levels and that identifies the concerns expressed by constituents.
          4. In those districts where public school choice is required under section 120.3 of this Title, the district's application for each newly formed school must include an agreement that a minimum of 20 percent of seats shall be offered to students seeking transfer, consistent with State and Federal law.
          5. Applications for no more than 75 schools for Model C shall be approved, of which no more than 30 schools shall be approved for restructuring the full education program (Model C#1) and no more than 45 schools shall be approved for specified program enhancements (Model C#2).
        3. Plan.
          1. A district selecting Model C and proposing to restructure the delivery of instruction designed to facilitate the attainment of the State intermediate learning standards shall prepare a plan that is in a format prescribed by the commissioner and, where applicable, that is consistent with the requirements of section 100.2(p) of this Part. The plan shall address the results of a State-developed, locally conducted self- study, shall conform to the design principles set forth in clause (d) of this subparagraph, and be submitted as part of the application.
          2. A district proposing specific program enhancements (Model C#2) shall not be required to complete the State-developed, locally conducted self-study but must include in its application a description of the program enhancement, its relationship to student achievement, student interests, and/or student development, and a plan for evaluating the effectiveness and impact of the program enhancement on student learning and development.
        4. Compliance requirements. A Model C middle-level education program shall meet the requirements of this section and all other applicable sections of this Title, subject to any modifications of such requirements as provided for in the district's approved application and plan, and shall also meet the following design principles:
          1. districts shall administer required middle grade State assessments in English language arts, mathematics, and science;
          2. districts shall employ teaching staff that are properly certified to teach assigned subjects and classes;
          3. districts shall ensure that the middle-level program is aligned with the Regents policy statement on middle-level education and the State Education Department's essential elements of standards-focused middle-level schools and programs;
          4. students who are at risk of not meeting the State learning standards shall receive academic intervention services in accordance with section 100.2(ee) of this Part;
          5. students shall receive instruction in all of the State learning standards, with instruction in English language arts, mathematics, social studies, science and physical education occurring each year in each of the middle grades;
          6. students shall be provided opportunities for taking high school courses on an accelerated basis in accordance with subdivision (d) of this section.
        5. Approval.
          1. Approval of an application shall be based upon the commissioner's acceptance of the measurable indicators and evidence of school change and improvement as proposed in the application and plan.
          2. Approval shall be for a five-year implementation period. A district may reapply pursuant to this subparagraph for continued approval to operate the Model C program for one additional five-year period.
          3. The district shall monitor and publicly report, in a form and according to such timelines as prescribed by the commissioner, progress on the following factors:
            1. the implementation of the plan proposed in the application;
            2. the measurable indicators and evidence of school change and improvement as proposed in the approved application, and other indicators of success, such as State-developed checklists of knowledge and skills in those areas where there are no required State assessments;
            3. the school's performance indices; and
            4. compliance with the design principles set forth in subclauses (d)(1)-(6) of this subparagraph.
          4. The commissioner may terminate approval at any time during the implementation period, including any approved continuations, upon a determination that the district has failed to comply with the requirements of its approved application and the requirements of clause (d) of this subparagraph.
Current through January 24, 2024
Disclaimer

These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial, and are presented for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are current, complete and accurate. These regulations are subject to change on a regular basis. Readers are advised to consult Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.

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