No Regents test means no diploma

Assemblyman Kaminsky seeks solution for graduating special needs students

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High school students with learning disabilities who are hoping to graduate from New York state schools are finding their way blocked by a new requirement that gives them a special certificate instead of a Regents or local diploma.

The issue arose after Regents Competency Tests, which were designed for students with disabilities such as autism, attention deficit disorder and cerebral palsy, were phased out in 2011 and replaced by a new program. In June 2013, James DeLorenzo, the state’s assistant commissioner for special education, announced the creation of the Career Development and Occupational Studies Commencement Credential. It was described as a new graduating credential for students with disabilities.

While the CDOS program substitutes for traditional Regents and Regents Competency tests, without those tests, students with disabilities have almost no way to get a local diploma, according to their parents. The new certificate is not accepted as a high school diploma at colleges, businesses, the armed forces or anywhere else a diploma is required.

Betty Pilnik, of Oceanside, the parent of a special-needs child, said that while such students may have difficulty passing the five Regents exams they need to earn a diploma, they are nevertheless capable of succeeding after high school and attending college or entering the workforce.

The first class affected was the class of 2015, Pilnik said. “A lot of kids went to graduation,” she said. “They came back without a diploma. They didn’t know they were not getting a diploma. The school may not have explained well enough, or they did not understand.”

One of those students was the daughter of Annette Eli of Ocean- side, who said her daughter was a high-functioning autistic student. Traditional students must pass math, English Language Arts, science, global history and geography and U.S. history Regents exams to graduate. “She did all the Regents classes and took the Regents, and sweated through all of that,” Eli said. “She got 52 on one and 61 on another, but because she did not score an average of 55 on all five tests she did not get a local diploma. She passed all of the classes, but not the tests, and now, if she wanted to go to a community college, she does not have that ability.”

Pilnik said her son has been on the honor roll since middle school. “He has scholarship awards and accolades but is not getting a diploma because he did not pass the Regents tests,” she said. “The disabled students that left high school in 2015 have nothing to look forward to. They are saying at 17 or 18 you’re done, get on welfare, get Medicaid, get Social Security, you’re done, you can no longer get a general high school diploma. The only option they have is to stay in school until they’re 21 years old and continue trying to pass a Regents exam.”

To obtain a CDOS certificate, a student must develop a career plan that includes listing career strengths and needs, goals and relevant coursework. He or she must have earned a minimum of 54 hours of experience related to that career, which could be internships or course work, for a total of 216 hours of required career and technical education course work.

As a result, Pilnik’s son is not only doing the regular course work that would lead other students to a Regents exam, but also has to complete the 216 hours of additional work in one of CDOS’s acceptable fields: agriculture, business and marketing, family and consumer sciences, health occupations, technology and trade or technical and industrial education. Brandon Pilnik works with 3- and 4-year-olds at the JCC in Oceanside during the week, and at senior centers on the weekends, in addition to going to school.

When he is done, he will have a certificate that is not accepted anywhere, his mother said. He excels in music, but cannot get into a college to study it because of the lack of a high school diploma, she said.

Denise Baird, of Baldwin, has a daughter with learning disabilities who is now in 11th grade. “We just went to a college fair hosted by the Bellmore-Merrick school district,” Baird said. “It was focused on vocational classes for children with disabilities who need special accommodations. [My daughter] has severe learning disabilities, speech and language difficulties.”

She added, “I spoke to representatives from Briarcliff College. I was looking for schools that could accommodate my daughter, and Briarcliff had small, specialized classes. My daughter is good in graphic arts, and they have a program for that, but she would need a local or Regents diploma to get in.”

The same is true at Nassau Community College, according to its admissions office.

State Assemblyman Todd Kaminsky wrote to State Education Commissioner MaryEllen Elia in June, urging her to address this barrier for students with special needs, and the two met in September. The State Board of Regents discussed the issue at its September meeting, but established no timetable to address it further.

“Without the ability to achieve a local diploma, these children will consistently be shut out of a college education and employment that requires a diploma,” Kaminsky said. “We are about to fail an entire generation of students, and that is unacceptable. Bringing back [Regents Competency Tests] would be an obvious and immediate solution for students with special needs. However, there are other solutions to be considered that do not depend so heavily on testing. For example, students … could complete project-based assessments, similar to a portfolio, to demonstrate their varied strengths.”

The CDOS certificate is a credential, not a diploma, and recognizes a student’s preparation for entry-level employment, according to Candy Tavernier, transition specialist with the Capital District/North Country Regional Special Education Technical Assistance and Support Center, headquartered in Albany.According to state education law, students must be given additional opportunities to earn Regents or local high school diplomas until age 21. But Oceanside parent Annette Eli said that would entail additional expensive tutoring, and more tests.

Kaminsky is planning a forum on the topic with some officials from Albany. The panelists will include Regent Roger Tilles; State Assemblywoman Shelley Mayer, chair of the Assembly subcommittee on students with special needs; and DeLorenzo, the assistant commissioner for special education. “This is a one-of-a-kind meeting, and parent participation is critical to achieve success,” Kaminsky said in a statement.

The forum will be held on Dec. 8, at 7 p.m., at the Oceanside Public Library, at 30 Davison Ave.