PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:
Revised action:
Addition of sections 100.14 and 100.15 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 207 (not subdivided), 215 (not subdivided), 305(1) and (2) and sections 3641-a(1), (2) and (3) and 3641-b (not subdivided), as added by L. 2007, ch. 57, part B, section 39
Subject:
Excelsior Scholars Program and grants for summer institutes for mathematics and science teachers.
Purpose:
To establish criteria for the award of grants for the Excelsior Scholars Program pursuant to Education Law section 3641-a and grants for summer institutes for mathematics and science teachers pursuant to Education Law section 3641-b.
Text of revised rule:
1. Section 100.14 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:
§ 100.14 Excelsior scholars programs for grade seven mathematics and science students.
(a) Purpose. The purpose of this section is to establish requirements for summer programs for high performing students in mathematics and science who have completed seventh grade that are offered pursuant to Education Law section 3641-a.
(b) Definitions. As used in this section:
(1) “Advanced coursework” means advanced instruction in mathematics and science that leads to attainment of the State learning standards in mathematics and science at the commencement level.
(2) “Eligible student” means a student nominated by the superintendent to participate in a summer program administered pursuant to this section who:
(i) will have completed seventh grade prior to the start of such summer program;
(ii) has demonstrated distinguished work in mathematics and science as determined by multiple measures, including, but not limited to:
(a) the student has maintained a grade point average of 90 or above in mathematics and science in grades five, six and seven; and
(b) has scored at level four on the state assessment in mathematics in grades five and six;
(iii) has received recommendations from at least one teacher of mathematics and at least one teacher of science who have taught such student in grades five, six and/or seven; and
(iv) has written consent from a parent or person in parental relation to participate in such summer program following completion of seventh grade.
(3) “Excelsior scholars” means students who have successfully completed a summer program of advanced coursework during the summer following the completion of seventh grade administered in accordance with this section.
(4) “Other high performing student” means a student nominated by the superintendent to participate in a summer program administered pursuant to this section who:
(i) will have completed seventh grade prior to the start of such summer program;
(ii) has demonstrated excellent work in mathematics and science as determined by multiple measures, including, but not limited to:
(a) maintaining a grade point average of 90 or above in mathematics or science in grades five, six and seven;
(b) scoring at level four on a state assessment in mathematics in either grades five or six;
(iii) has scored at level four on the state assessment in English language arts in grades five and six;
(iv) has received a recommendation from at least two of the following: a teacher of mathematics, a teacher of science, or a teacher of English language arts who have taught such student in grades five, six and/or seven; and
(v) has written consent from a parent or person in parental relation to participate in such summer program following completion of seventh grade.
(5) “Centers of Excellence in Technology” shall include those centers identified through the State's economic development agency to support State research facilities and other technology and biotechnology capital projects.
(c) The superintendent may nominate up to ten percent of a school's eligible grade seven students to participate in the programs described in this section. The superintendent shall nominate equal numbers of male and female students, as practicable.
(d) Subject to the availability of funds appropriated for such purpose, the commissioner shall annually issue a request for proposals to public and independent colleges and universities to administer summer programs as described in this section. Such proposals shall be in a format, and submitted pursuant to a timeline, as prescribed by the commissioner and shall include, but not be limited to, the following:
(1) a description of the process used to promote the Excelsior Scholars program among local school districts and to engage in student outreach;
(2) a description of the selection process and criteria, which shall be based on demonstrated academic achievement, used by the college or university to review and select eligible students and, where applicable, other high performing students, from those nominated for participation in the program. Such selection process and criteria shall ensure:
(i) the selection of students who have demonstrated the highest level of academic achievement in mathematics and science; and
(ii) a balanced number of male and female participants, as practicable;
(3) a description of the advanced coursework to be provided to such students, including how such coursework is aligned with the State learning standards;
(4) a description of the academic qualifications of the faculty who will provide the advanced coursework to students participating in the program, and programmatic capacity of the site and staff; and
(5) a description of the criteria to be used to determine whether such students have successfully completed the program.
(e) Competitive grants will be awarded to eligible public and independent colleges and universities to implement program(s) pursuant to this section based on, but not limited to, the following criteria:
(1) the provision of appropriate advanced coursework and the program's alignment with the State learning standards;
(2) the extent to which participation was solicited through student outreach and program promotion;
(3) the expertise of faculty and programmatic capacity of site and staff;
(4) coordination with programs offered by the centers of excellence in technology, to the extent practicable; and
(5) the availability of appropriated funds for such purpose.
2. Section 100.15 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:
§ 100.15 Summer institutes for mathematics and science teachers in middle grades five through eight.
(a) Purpose. The purpose of this section is to establish requirements for a competitive grant program to public and independent colleges and universities offering teacher education programs, in partnership with school districts, to conduct summer institutes for teachers of mathematics and science pursuant to Education Law section 3641-b.
(b) Subject to the availability of funds appropriated for such purpose, the commissioner shall annually issue a request for proposals to public and independent colleges and universities offering teacher education programs, registered pursuant to section 52.21 of this Title, that partner with school districts to conduct summer institutes for teachers of mathematics and science in grades five through eight in middle schools, junior high schools, intermediate schools or junior/senior high schools.
(1) Such proposals shall be in a format, and submitted pursuant to a timeline, as prescribed by the commissioner and shall include a description of how the program will advance the content knowledge and pedagogy of participating teachers in the areas of mathematics and science, including, but not limited to, how the program is:
(i) aligned to State learning standards for mathematics and science; and
(ii) aligned and integrated with programs offered to Excelsior Scholars pursuant to the requirements of section 100.14 of this Part, to the extent practicable, as well as with other State and federal programs with similar purposes.
(2) Teachers shall be selected for participation in such summer institutes by principals who shall give priority to teachers who meet the following criteria:
(i) first and second year teachers of grades five through eight;
(ii) teachers who are changing assignments and would benefit from professional development to improve student learning; and
(iii) teachers who have been identified as needing additional professional development in building content knowledge in mathematics and science and understanding of pedagogy.
(c) Competitive grants will be awarded to public and independent colleges and universities submitting a proposal pursuant to subdivision (b) of this section based on, but not limited to, the following criteria:
(1) the program is aligned to the State learning standards for mathematics and science;
(2) the program is designed to advance the content knowledge and pedagogy of participating mathematics and science teachers based on local measures of need assessment;
(3) the program is aligned and integrated with programs offered to Excelsior Scholars pursuant to the requirements of section 100.14 of this Part, to the extent practicable, as well as other State and federal programs with similar purpose; and
(4) priority is given, as practicable, to teachers in schools identified as schools in need of improvement, corrective action or restructuring status, schools under registration review or schools requiring academic progress.
Revised rule compared with proposed rule:
Nonsubstantive changes were made in section 100.14(b)(4).
Text of revised proposed rule and any required statements and analyses may be obtained from:
Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Johanna Duncan-Poitier, Senior Deputy Commissioner of Education — P16, Education Department, 2M West Wing, Education Bldg., 89 Washington Ave., Albany, NY 12234, (518) 474-3862, e-mail: p16education@mail.nysed.gov
Public comment will be received until:
30 days after publication of this notice.
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on August 15, 2007, the following substantial revisions were made to the proposed rule.
The definition of “other high performing student” in section 100.14(b)(4) has been revised to provide school districts with more flexibility in nominating such students for participation in the Excelsior Scholars program. Specifically, the rule has been revised to read as follows:
(4) “Other high performing student” means a student nominated by the superintendent to participate in a summer program administered pursuant to this section who:
(i) will have completed seventh grade prior to the start of such summer program;
(ii) has demonstrated excellent work in mathematics and science as determined by multiple measures, including, but not limited to:
(a) maintaining a grade point average of 90 or above in mathematics or science in grades five, six and seven; and
(b) scoring at level four on a state assessment in mathematics in either grades five or six;
(iii) has scored at level four on the state assessment in English language arts in grades five and six;
(iv) has received a recommendation from at least two of the following: a teacher of mathematics, a teacher of science, or a teacher of English language arts who have taught such student in grades five, six and/or seven; and
(v) has written consent from a parent or person in parental relation to participate in such summer program following completion of seventh grade.
The above revisions to the proposed rule do not require any changes to the previously published Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on August 15, 2007, the proposed rule has been substantially revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above revision to the proposed rule does not require any revisions to the previously published Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on August 15, 2007, the proposed rule has been substantially revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above revision to the proposed rule does not require any revisions to the previously published Rural Area Flexibility Analysis.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on August 15, 2007, the proposed rule has been substantially revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The proposed rule, as revised, relates to the establishment of requirements for the Excelsior Scholars program for high performing students in mathematics and science who have completed seventh grade, and requirements for grants for Summer Institutes for Mathematics and Science Teachers in grades five through eight in middle, junior high, intermediate or junior/senior high schools, and will not have an adverse impact on jobs or employment activities. Because it is evident from the nature of the revised proposed rule that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
