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Transfer Student Question and Answer

Transfer Student Q&A

1. Who is a transfer student? A transfer student is a student who enters a New York State school from another state, another country, or another New York State school. A student who has been receiving home instruction and enrolls in a school is also a transfer student.

2. Where on the State Education Department website can I access regulations that refer to transfer students? To access regulations that refer to transfer students, go to http://www.p12.nysed.gov/part100/pages/1005.html#transCredit 
(Commissioner’s Regulations Part 100.5(d)(5).

3. Who evaluates and grants transfer credit for students enrolling in a New York State school? The principal evaluates the transcript or other records of a transfer student enrolling in a New York State school and awards the appropriate units of transfer credit.

4. When a student transfers from one registered New York State high school to another registered New York State high school, must the receiving high school accept all the high school credits earned by the student? The principal must grant transfer credit for all credit awarded by any registered New York State high school.

5. Can a student earn transfer credit for work done at other educational or cultural institutions and for work done through independent study? The principal, after consulting with relevant faculty, can award transfer credit for work done at other educational and cultural institutions and for work done through independent study. The decision should be based on whether the student’s record indicates that the work is consistent with New York State commencement level learning standards and is of comparable scope and quality to that which would have been completed in the school awarding the credit.

6. What are the assessment requirements for students who transfer between New York State high schools? Students who transfer between high schools in New York State must meet the same assessment requirements as other students enrolled in that school.

7. What are the assessment requirements for transfer students who enter grade 9 or grade 10 in a New York State school for the first time? Transfer students  who enter grade 9 or grade 10 for the first time in a New  York State school  must meet the same assessment requirements as other students enrolled in that school.

8. What are the assessment requirements for a transfer student who enters grade 11 in a New York State school for the first time or who re-enters a New York State High School in grade 11 after spending 3 or fewer semesters in a New York State School, and who wishes to receive a Regents or local diploma? To receive a Regents or local diploma, the grade 11 student must pass the Regents Examination in English, a Regents examination in mathematics, a Regents examination in U.S. History and Government, and a Regents examination in science  or Department-approved alternatives. The principal may exempt the student from the requirement to pass a Regents Examination in Global History and Geography. In this situation the student need not pass an additional pathway assessment.

9. What are the assessment requirements for a transfer student who enters grade 12 in a New York State school for the first time or who re-enters a New York State High School in grade 12 after spending 3 or fewer semesters in a New York State School, and who wishes to receive a Regents or local diploma? To receive a Regents or local diploma, the grade 12 student must pass the Regents Comprehensive Examination in English, a Regents examination in mathematics, and a Regents examination in U.S. History and Government or  Department-approved alternatives.  The principal may exempt the student from the requirement for the Regents examination in science and the Regents examination in Global History and Geography. In this situation, the student needs only to pass 3 examinations for a Regents or local diploma.  

10. To receive a Regents diploma with advanced designation,  must students who transfer to a New York State school in grades 9 or 10  meet the same unit of credit requirements in LOTE as other students? Yes.

11. To receive a Regents diploma with advanced designation, must a student who transfers to a New York State school for the first time in grade 11 or 12 meet the same unit of credit requirements in LOTE as other students? A student transferring between high schools in grade 11 or 12 may be exempt from the second language requirements of three units of credit in one language for a Regents diploma with advanced designation if the language in which the student began a second language sequence in grade 9 or 10 is not offered in the school to which the student has transferred. In such cases, the student must complete three units of credit in second languages, but not necessarily in a single language.

12. May students who transfer to a New York State school for the first time in grades 11  or 12, and have either one or two Regents examination(s) waived, receive a Regents diploma with honors or a Regents diploma with advanced designation with honors?   Yes.   The requirements to receive a high school diploma with honors remain the same, except with a fewer number of required Regents examinations.

13. Does a student who transfers to a New York State high school after spending 1 or more semesters in an out of state high school need to earn 2 credits in Physical Education to meet the diploma requirements? Students who enter a New York State high school from outside the state must enroll in Physical Education for every semester they are in a New York State high school and must earn 1/4 credit for each semester they are enrolled in school.

14. To receive a Regents diploma with advanced designation, do transfer students need to achieve three units of credit in LOTE and take and pass a Regents examination in LOTE  if they have a five-unit sequence in either career and technical education (CTE) or the arts? No.  All students who opt for a five-unit sequence in either career and technical education (CTE) or the arts are required to achieve one unit of credit in LOTE.

15. May Department-Approved Alternative Examinations be used in place of Regents examinations when reviewing a transfer student’s record? Yes.  A current list of all  Department-Approved Alternative Examinations Acceptable for Meeting Requirements for a Local or Regents Diploma is available on the Office of State Assessment website.

16. Must transfer students who are exempt from taking certain State assessments have their transcript and permanent records annotated? Yes

Special Education

What are the requirements for transfer students with disabilities who have individualized education programs (IEPs) and who transfer within New York State, according to Commissioner’s Regulations Section 200.4(e)(8)? If a student with a disability had an individualized education program  (IEP) that was in effect in New York State transfers from one school district to another in the State in the same school year, the new school district must provide, in consultation with the student’s parents, services comparable to those described in the IEP from the previous school.  That IEP will remain in effect until a new IEP that is consistent with Federal and State law and regulations is developed and implemented.   

What are the requirements for transfer students with disabilities who have IEPs who transfer from outside New York State, according to Commissioner’s Regulations Section 200.4(e)(8)? If a student with a disability had an IEP that was in effect in another State transfers to a New York State school within the same school year, the new school district must provide, in consultation with the student’s parents, services comparable to those described in the IEP from the previous school.  That IEP will remain in effect until a new IEP that is consistent with Federal and State law and regulation is developed and implemented.

What are the requirements for obtaining records for transfer students with disabilities who have IEPs? The new school district in which the student enrolls must take reasonable steps to obtain the student’s records promptly from the previous school.  These records include the IEP, supporting documents and any other records relating to the provision of special education services to the student from the previous school.  (34 C.F.R. section 99.31(a)(2):  Code of Federal Regulations, 2004 edition, Superintendent of Documents, U.S. Government Printing Office, Stop SSOP, Washington, DC 20402-0001:  2004 - available at the Office of Vocational and Educational Services for Individuals with Disabilities, Room 1624, One Commerce Plaza, Albany, NY 12234).

If a student with a disability who has been declassified or has a 504 Accommodation Plan and the student's last IEP or 504 Plan has documented the availability of testing accommodations,  the RCT Safety Net or the 55-64 low pass for a local diploma, do these recommendation apply when the student transfers to a new school district? Yes. These recommendations would continue if the student transfers to a new school district unless the new district revises the last IEP or 504 Plan.

If a student with a disability who has an IEP which indicates exemption from the LOTE requirements for graduation, does this exemption apply when the student transfers to a new school district? Yes, the student would be exempt from the LOTE requirement when the student transfers to a new school district if the following conditions are met.   Prior to transferring,  the Committee on Special Education (CSE) determined that a student has a disability which adversely affects the ability to learn a language and excused the student from the LOTE requirement for graduation.  This action was documented on the student’s IEP.  The exemption would continue when the student transfers to a new school district unless the new district develops, adopts and implements a new IEP.

Reference Materials

Part 100 Regulations - Sections 100.1 - 100.9 of the Regulations of the Commissioner of Education Relating to General Education and Diploma Requirements. This webpage will be periodically updated as amendments are adopted by the Board of Regents.

*Note: These sections do not include text for the entire Part 100 of the Regulations of the Commissioner of Education.

Chapter 11 Regulations of the Commissioner §135 Regulation (Physical Education)- A listing of the Part 135 Regulations of the Commissioner of Education relating to Health, Physical Education and Recreation.

Title 8 of NY Commissioner’s Rules and Regulations, article 91.1 - The Commissioner of Education’s regulations on a school library in each elementary and secondary school.

Title 8 of NY Commissioner’s Rules and Regulations, article 91.2 - The Commissioner of Education’s regulations on a certified School Library Media Specialist (SLMS) in each school district.

New York Codes, Rules, and Regulations - For information, visit http://www.dos.state.ny.us/info/nycrr.htm  

Search for current New York State bills by bill number or by keyword:

Assembly visit http://assembly.state.ny.us/leg/

Senate visit http://public.leginfo.state.ny.us/menuf.cgi