The Arts issue

FOLLOW UP AS WE PREPARE FOR A POTENTIAL APPEAL (2/5/2014):

Dear NYSED,

These statements were the last received by us from NYSED regarding The Regulations regarding the sequence in The Arts, and Regents Diplomas with advanced designation. They were received in an email dated Jan 21st, 2014 (4:26PM) from NYSED Associate ***** and forwarded to me by Superintendent of Schools *****.

1) "After discussing the question and reviewing the Regulations, ***** and I agree that the district cannot be compelled to offer a 5 unit sequence in the Arts.  Part 100.2(h) clearly states districts must offer 3 or 5 units of Art"

2) "This regulation was crafted when sequences were required to earn a Regents diploma and while that is no longer the case, the regulation still exists as written. There is no basis in regulation to compel districts to offer an Arts pathway to a Regents Diploma with Advanced Designation.  Part 100.2(e) as ***** pointed out,  requires that districts offer programs that lead to a Regents diploma.  There is no language with respect to a requirement for a pathway to a Regents with Advanced Designation."

Do these statements reflect NYSED's position/final determination in this matter at this point in time (January 21st, 2014)?    

"...the district cannot be compelled to offer a 5 unit sequence in the Arts" 

and

 "There is no language with respect to a requirement for a pathway to a Regents with Advanced Designation"

Regulations describe an appeals process to chase down recourse in decisions/provisions for students that is a much more rigorous and involved one than the phone calls, emails and a conversations that have worked quickly and efficiently to deny those provisions-and that chase for our family would be on a thirty day timeline.

If those are the statements and decision(s) that NYSED is endorsing, beginning the thirty day timeline, and that January 21st starts the thirty days in which the Appeals to the Commissioner needs to be executed, please respond to verify or describe NYSED's revised position. We would like to hear by Friday. Please include in your response if the thirty day timeline is based on business days, or calendar days.

Thank you,

Prior letter:


Dear NYSED

       We are writing to bring to your attention an issue regarding public education and the regulations that are meant to ensure the best education we can provide to our public school students. Originally, this issue came to our attention as we looked to advocate for our very bright and creative 9th grade daughter. Our efforts to seek for her a path to a Regents Diploma with an advanced designation through a sequence of high school courses in The Arts, a path described in The Regulations of The Commissioner, have been met with confusion and inconsistency-when the truth in the regulations as they exist seems to be clear.

     Following conversations with administrators and guidance counselors who first expressed a lack of awareness about any arts sequence (despite us having been told the school once had an approved sequence in The Arts), or any obligation there was to offer such a sequence, we began research and inquiries with NYSED regarding the regulations and the sequence in The Arts. It only took a moment to find:

AVAILABILITY OF … ARTS SEQUENCES (100.2(h))

1. All public school districts shall offer students the opportunity to complete a three- or five-unit sequence in each of the following areas:  career and technical education and the arts.
2. All public school districts shall offer students the opportunity to begin an approved sequence in the arts in grade nine.

Also, the chart (dated June, 2013) found within the regulations, describing regents diploma requirements for public school students in New York, lists the sequence we had been researching as well as the requirement that it be available to "All Student Populations".

     There was contact through email with a NYSED Associate (***) who verified in emails and over the phone that districts were required to provide students access to a sequence in The Arts as a path to a Regents Diploma with advanced designation. *** also contacted the Superintendent of our school to relay this information (along with the section of regulation above), and still the message we were given was a lack of certainty, that there was "conflicting information". Shortly after ***'s message came another from a different NYSED Associate, ****. ****'s email contains statements inconsistent with the regulations, and uses a small phrase from the above 100.2(h) out of context to make a point in semantics that  is unsupported by the substance (and we believe spirit and intent) of this section of regulations.

  

****:

1) "After discussing the question and reviewing the Regulations, *** and I agree that the district cannot be compelled to offer a 5 unit sequence in the Arts.  Part 100.2(h) clearly states districts must offer 3 or 5 units of Art"

·         ****'s review of the Regulations leaves out not only the language around the phrase she selected, but several other locations that clarify this issue.

·         The difference between 3 and 5 unit sequences was a choice for students seeking regents or regents with a substitution for the LOTE requirement to achieve advanced designation. **** uses "or" as evidence that districts can choose not to provide for requirements on paths that are provided students through the regulations.

·         The mechanisms through which the associate in the arts has her opinion suddenly swayed by the involvement of ***** (BOCES) and another associate, who then becomes the deciding opinion, is concerning. But it is also irrelevant. The language and documents make the conclusion **** has arrived at stand in contrast with the language in the regulations and the overarching purpose of preparing all students to be college and career ready-including those seeking a path in The Arts.  

2) "This regulation was crafted when sequences were required to earn a Regents diploma and while that is no longer the case, the regulation still exists as written. There is no basis in regulation to compel districts to offer an Arts pathway to a Regents Diploma with Advanced Designation.  Part 100.2(e) as *** pointed out,  requires that districts offer programs that lead to a Regents diploma.  There is no language with respect to a requirement for a pathway to a Regents with Advanced Designation."

·         The chart included shows that clearly there is language for such a requirement. "All Student Populations" couldn't be more clear regarding the Regents with Advanced Designation and who it needs to be available to. In addition, the phrase from 1002.h (1) in each of the following areas:  career and technical education and the arts indicates the requirement to provide opportunities in CTE as well as the arts.

We are including all documents referred to in this letter, as well as additional information to support our request for support and action. Our daughter is very bright and capable (one of two "level 4's" in her grade on last year's ELA exam), and her strengths and interests are pointing her towards a future in The Arts.  She, as well as other students in our state, deserve the "college and career" readiness that their abilities and motivations deserve. Please give this the attention it deserves. We are no longer in this for our daughter alone.