Viva88

1. Skills and achievement commencement credential. Beginning with the 2013-14 school year and thereafter, the board of education or trustees of a school district shall, and the principal of a nonpublic school may, issue a skills and achievement commencement credential to a student who has taken the State assessment for students with severe disabilities, as defined in section 100.1(t)(2) of this Part, in accordance with the following provisions:
   1. Prior to awarding the skills and achievement commencement credential, the governing body of the school district or nonpublic school shall ensure that:
      
      1. the student has been recommended by the committee on special education to take the alternate assessment in lieu of a required State assessment;
      2. such student meets the definition of a student with a severe disability as defined in section 100.1(t)(2) of this Part; and
      3. the student has been afforded appropriate opportunities to participate in community experiences and development of employment and other instructional activities to prepare the student for post-secondary living, learning and employment.
   2. The credential may be issued at any time after such student has attended school for at least 12 years, excluding kindergarten, or has received a substantially equivalent education elsewhere, or at the end of the school year in which a student attains the age of 21.
   3. The credential shall be similar in form to the diploma issued by the school district or nonpublic school, except that there shall appear on such credential a clear annotation to indicate that the credential is based on achievement of alternate academic achievement standards.
   4. The credential shall be issued together with a summary of the student's academic achievement and functional performance, as required pursuant to section 200.4(c)(4) of this Title, that includes documentation of:
      
      1. the student's level of achievement and independence for each of the career development and occupational studies learning standards set forth in section 100.1(t)(1)(ii) of this Part including, but not limited to: career development; integrated learning; universal foundation skills that include basic skills in reading, writing, listening, speaking, math and functional math; thinking skills; personal qualities; interpersonal skills; use of technology; managing information and resources; systems skills;
      2. the student's academic skills, as measured by the State assessment for students with severe disabilities; and
      3. the student's strengths and interests and, as appropriate, other student achievements and accomplishments.

School districts may use the State model form developed by the commissioner for the summary of academic and functional performance or a locally-developed form that meets the requirements of this subdivision.

2. Viva88career development and occupational studies commencement credential.
   1. Eligible students.
      
      1. Beginning July 1, 2013 but prior to June 2016, the board of education or trustees of a school district shall, and the principal of a nonpublic school may, issue a Viva88career development and occupational studies commencement credential to a student with a disability who meets the requirements of paragraph (3) of this subdivision to document readiness for entry-level employment after high school, except for those students deemed eligible for a skills and achievement commencement credential pursuant to subdivision (a) of this section.
      2. Beginning June 2016 and thereafter, the board of education or trustees of a school district shall, and the principal of a nonpublic school may, issue a Viva88career development and occupational studies commencement credential to any student who meets the requirements of paragraph (3) of this subdivision to document readiness for entry-level employment after high school, except for those students with disabilities deemed eligible for a skills and achievement commencement credential pursuant to subdivision (a) of this section.
   2. Consistent with sections 100.2(q)(1) and 100.5 of this Part, the school district or nonpublic school shall ensure that the student has been provided with appropriate opportunities to earn a Regents or local high school diploma, including providing a student with meaningful access to participate and progress in the general curriculum to assist the student to meet the State’s learning standards.
   3. Except as provided in paragraphs (4), (7) and (8) of this subdivision, prior to awarding the career development and occupational studies commencement credential, the board of education or trustees of the school district, or the governing body of the nonpublic school, shall ensure that each of the following requirements have been met:
      
      1. the school district has evidence that the student has developed, annually reviewed and, as appropriate, revised a career plan to ensure the student is actively engaged in career exploration. Such plan shall include, but is not limited to, a statement of the student’s self-identified career interests; career-related strengths and needs; career goals; and career and technical coursework and work-based learning experiences that the student plans to engage in to achieve those goals. School districts shall provide students with either a model form developed by the commissioner to document a student's career plan, or a locally-developed form that meets the requirements of this subdivision and, as appropriate, shall assist the student to develop his/her career plan. The student’s career plan may not be limited to career-related activities provided by the school and may include activities to be provided by an entity other than the school; provided that nothing in this subdivision shall be deemed to require the school to provide the student with the specific activities identified in the career plan. A student’s preferences and interests as identified in his/her career plan shall be reviewed annually and, for a student with a disability, considered in the development of the student’s individualized education program pursuant to section 200.4(d)(2)(ix) of this Title. A copy of the student’s career plan in effect during the school year in which the student exits high school shall be maintained in the student’s permanent record;
      2. the school district has evidence that the student has demonstrated commencement level knowledge and skills relating to the career development and occupational studies learning standards set forth in section 100.1(t)(1)(ii) of this Part, including but not limited to career development, integrated learning and the universal foundation skills; and the student has successfully completed in grades 9-12 not less than the equivalent of two units of study in career and technical education course(s) and/or work-based learning experiences. The equivalent units of study shall be earned through coursework in career and technical education and/or work-based learning experiences, provided that the equivalent units of study shall include a minimum of 54 hours of documented school supervised work-based learning experiences related to career awareness, exploration and/or preparation which may, but are not required to, be completed in conjunction with the student’s career and technical education course(s).ÌýProvided, however, that for the 2019-20 school year a student may be exempted from the unit of study and/or work-based learning experience requirement(s) prescribed in this subparagraph 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 and/or work-based learning experience requirement(s) completed. For purposes of this subdivision:
         
         1. career and technical education course(s) means a grade 9 -12 course or courses in career and technical education, as defined in section 100.1(l) of this Part, that consists of specialized and integrated courses that are approved by the local board of education or by the Department pursuant to section 100.5(d)(6)(iv); and
         2. work-based learning experiences include, but are not limited to, job shadowing, community service, volunteering, service learning, senior project(s) and/or school based enterprise(s), which shall be provided, consistent with Department guidelines, under the supervision of the district and documented in the student’s transcript; and
      3. Within one year prior to a student’s exit from high school, at least one work skills employability profile for the student has been completed by designated school staff or other individuals knowledgeable about the student’s employability skills and experiences that identifies the student’s attainment of each of the commencement level career development and occupational studies learning standards set forth in section 100.1(t)(1)(ii) of this Part including, but not limited to career development; integrated learning; and universal foundation skills and, as appropriate, documents the student’s attainment of technical knowledge and work-related skills, work experiences, performance on industry-based assessments and other work-related and academic achievements. School districts may use a model form developed by the commissioner to document a student’s work skills employability profile, or a locally developed form that meets the requirements of this subdivision. A copy of the student’s work skills employability profile(s) shall be maintained in the student’s permanent record.
      4. Notwithstanding any other provision of this paragraph to the contrary, a career development and occupational studies commencement credential may be awarded to students exiting school in the 2020-2021 school year who are unable to complete all of the 54 hours of documented school supervised work-based learning experiences required pursuant to subparagraph (ii) of this paragraph and otherwise meet all other requirements for such credential, where such schools are unable to provide students a certain portion of their scheduled work-based learning experience in the 2020-2021 school year due to the COVID-19 crisis.
   4. Ìý
      
      1. Notwithstanding the provisions of paragraph (3) of this subdivision, a board of education or trustees of the school district, or the governing body of the nonpublic school, may award the career development and occupational studies commencement credential prior to April 3, 2017 to a student who has met the requirements for a nationally-recognized work-readiness credential, including but not limited to SkillsUSA Work Force Employability Assessment, the National Work Readiness Credential, the National Career Readiness Certificate (ACT) WorkKeys and the Comprehensive Adult Student Assessment Systems Workforce Skills Certification System.
      2. On or after April 3, 2017, a board of education or trustees of the school district, or the governing body of the nonpublic school, may award the career development and occupational studies commencement credential to a student who has received a satisfactory passing score on any work-readiness assessment approved by the commissioner pursuant to this subparagraph.
         
         1. Approval of work-readiness assessments by the commissioner. Each work work-readiness assessment approved by the commissioner shall meet the following criteria, in addition to any criteria set forth in any request for qualifications process:
            1. measure universal foundation knowledge, skills and abilities necessary for entry-level employment across multiple industries and occupations and the assessment shall be reviewed at least every five years and be updated accordingly;
            2. be designed in consultation with workforce experts, such as, but not limited to, employers, national business organizations, or federal or State labor agencies;
            3. be consistent with technical criteria for validity, reliability, and fairness in testing;
            4. be developed by an entity other than a local school or school district;
            5. be available for use by any school or school district in New York State; and
            6. be administered in accordance with assessment security conditions, directions and procedures established by the Commissioner.
   5. The credential shall be issued at the same time the student receives his/her Regents or local high school diploma or, for a student who is unable to meet the requirements for a Regents or local diploma, any time after such student has attended school for at least 12 years, excluding kindergarten, or has received a substantially equivalent education elsewhere, or at the end of the school year in which a student attains the age of 21.
   6. The certificate awarded shall be similar in form to the diploma issued by the school district or nonpublic school, except that it shall not use the term "diploma" but shall indicate that the student has earned a Viva88career development and occupational studies commencement credential that has been endorsed by the Viva88Board of Regents as a certificate of readiness for entry-level employment. Award of the credential shall be documented in the student’s transcript.
   7. For students with disabilities who exit from high school prior to July 1, 2015, the district or nonpublic school may award the career development and occupational studies commencement credential to a student who has not met all of the requirements in subparagraph (3)(ii) of this subdivision, provided that 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.
   8. For students who transfer from another school district within the State or another state, the principal shall, after consultation with relevant faculty, evaluate the work-based learning experiences and coursework on the student’s transcript or other records to determine if the student meets the requirements in subparagraph (3)(ii) of this subdivision.
   9. A school district that awards this credential to more than twenty percent of the students with disabilities in the cohort, where such credential is not a supplement to a regular high school diploma, shall be required to use a portion of its Part B Individuals with Disabilities Education Act grant funds for targeted activities as deemed necessary by the Department to ensure that students with disabilities have appropriate access to participate and progress in the general education curriculum necessary to earn a regular high school diploma.
   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 Viva88career 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.
3. If the student receiving a credential pursuant to subdivision (a) or (b) of this section is less than 21 years of age, such credential shall be accompanied by a written statement of assurance that the student named as its recipient shall continue to be eligible to attend the public schools of the school district in which the student resides without the payment of tuition until the student has earned a Regents or local high school diploma or until the end of the school year in which such student turns age 21, whichever shall occur first