N.Y. Comp. Codes R. & Regs. tit. 8, § 145-9.5
(b) A high school that prior to its students' senior year has offered to all such students seeking Regents credit at the school either a Regents examination or a single approved substitute assessment, but not both, in each of the following subjects: comprehensive English, global studies, U.S. history/government, level 3 math; and in two or more of the following four science subjects: earth science, biology, chemistry, and physics, shall select scholarship nominees on the basis of the following criteria:
(c) High schools other than those described in subdivision (b) of this section shall select scholarship nominees on the following basis:
(2) for high schools that cannot determine class rank because of their grading system, a locally developed and administered assessment of academic performance which shall test the subjects of English and mathematics and shall be conducted prior to the end of the junior year, except for selection of nominees for scholarships to be awarded in the 1998 competition for use in the 1998-99 college academic year in which case such assessment shall be conducted on or before December 31, 1997.
(d) Procedures for tie breaking.