EDU-40-12-00007-P Teacher and School Building Leader Certification Examinations

10/3/12 N.Y. St. Reg. EDU-40-12-00007-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 40

October 03, 2012

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-40-12-00007-P

Teacher and School Building Leader Certification Examinations

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 80-1.5, 80-3.3, 80-3.4, 80-3.9, 80-3.10, 80-5.13, 80-5.14 and 80-5.22 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207, 305(1), 3001(2), 3006(1)(b) and 3009(1)

Subject:

Teacher and school building leader certification examinations.

Purpose:

To establish the timeframes and what new certification examinations will be required for each certificate title.

Substance of proposed rule (Full text is posted at the following State website:http://www.regents.nysed.gov):

Below is a summary of the proposed amendment:

Section 80-1.5 of the Commissioner's regulations provides that a school shall not prohibit an individual who is a current or prospective applicant for certification from videotaping a classroom to meet requirements of the teacher performance assessment (TPA).

Section 80-3.3 requires candidates who have completed all requirements for initial certification on or before April 30, 2014 and who apply for certification on or before April 30, 2014 to shall submit evidence of passing the liberal arts and sciences test (LAST), the academic skills and writing test (ATSW), and the content specialty test (CST) on or before April 30, 2014, except that a candidate seeking an initial certificate in the title of Speech and Language Disabilities (all grades) shall not be required to achieve a satisfactory level of performance on the CST. Instead of meeting the examination requirements of this subdivision, a candidate applying for certification on or before April 30, 2014 may achieve a satisfactory level of performance on the set of certification examinations described in subdivision (b) of this section.

For candidates applying for certification on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, such candidates shall submit evidence of having achieved a satisfactory level of performance on the TPA, the EAS, the ALST and the CST(s), except that a candidate seeking an initial certificate in the title of Speech and Language Disabilities (all grades) shall not be required to pass the CST.

For candidates with a graduate degree in STEM and two years of post-secondary teaching experience in the area of the certificate sought who are seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field and who is applying for an initial certificate through individual evaluation on or before April 30, 2014 and who has completed all other requirements for initial certification under such section on or before April 30, 2014 shall only be required to pass the LAST. Candidates applying on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate through individual evaluation on or before April 30, 2014, shall only be required to pass the EAS and the ALST.

A candidate applying for a career and technical certificate through Option A (completion of an associate degree program or its equivalent) who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, shall submit evidence of passing the ATSW on or before April 30, 2014 or passing the TPA and the EAS. A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, shall submit evidence of passing the TPA and the EAS.

A candidate applying for a career and technical certificate under Option B (through completion of a program of coursework that does not lead to an associate or higher degree) who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, shall submit evidence of passing the CQST and the ATSW on or before April 30, 2014 or evidence of passing the CQST, the TPA and the EAS. A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, shall submit evidence of passing the CQST, the TPA and the EAS.

Section 80-3.4 is amended to require candidates seeking a professional certificate, except in certain career and technical subject areas, who hold a transitional C certificate for career changers and others holding a graduate academic or graduate professional degree and who have completed all requirements for professional certification on or before April 30, 2014, or have completed all requirements for professional certification with the exception of completion of their registered Transitional C program, and who apply for certification on or before April 30, 2014 to submit evidence of passing the ATSW on before April 30, 2014 or the TPA. Candidates apply for certification on or after May 1, 2014 or candidates who apply for professional certification on or before April 30, 2014 but do not meet all the requirements for a professional certificate on or before April 30, 2014 shall submit evidence of passing the TPA.

Candidates who seek a professional certificate in a specific career and technical subject through Option A (candidates hold an associate degree or its equivalent) and who apply for certification on or before April 30, 2014, shall submit evidence of passing the LAST on or before April 30, 2014 or the ALST. A candidate who applies for certification on or after May 1, 2014 or who applies for certification on or before April 30, 2014 but does not meet all the requirements for a professional certificate on or before April 30, 2014, shall submit evidence of passing the ALST.

Candidates who seek a professional certificate in a specific career and technical subject through Option B (do not possess an associate degree or its equivalent) and who have completed all other requirements for a professional certificate and who apply for certification on or before April 30, 2014, shall submit evidence of passing the LAST on before April 30, 2014 or the ALST. A candidate who applies for certification on or after May 1, 2014 or who applies for certification on or before April 30, 2014 but does not meet all the requirements for a professional certificate on April 30, 2014, shall submit evidence of passing the ALST.

Section 80-3.9 requires a candidate issued an initial certificate under the requirements of subdivision (a) of this section to meet the following requirements for a professional certificate as a teacher of speech and language disabilities (all grades): a candidate who has completed all other requirements for the professional certificate on or before April 30, 2014 and who applies for certification on or before April 30, 2014, must pass the LAST on before April 30, 2014 or pass the ALST. A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for a professional certificate on or before April 30, 2014 must pass the ALST.

Section 80-3.10 requires a candidate seeking a certificate in the educational leadership service to pass the assessment for school building leadership. In addition, for candidates applying for certification on or after May 1, 2014 or candidates who apply for certification on or before April 30, 2014 but do not meet all the requirements for an initial certificate on or before April 30, 2014, the candidate shall also achieve a satisfactory level of performance on the EAS.

Section 80-5.13 requires a candidate who applies for a Transitional B certificate on or before April 30, 2014 and who meets all the requirements for a Transitional B certificate on or before April 30, 2014 to submit evidence of having achieved a satisfactory level of performance on the LAST, and the CST(s) in the area of the certificate, where such CST is required for the certificate title on or before April 30, 2014. Successful completion of the CST in the area of the certificate shall not be required for certain certificate holders. A candidate who applies for a Transitional B certificate on or after May 1, 2014 or a candidate who applies for a Transitional B certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional B certificate on April 30, 2014 shall submit evidence of having achieved a satisfactory level of performance on the ALST, the EAS and the CST(s) in the area of the certificate, where such CST is required for the certificate title. Successful completion of the CST in the area of the certificate shall not be required for certain certificate holders. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a New York State teacher certification examination CST prescribed by the Commissioner or a teaching certificate in the classroom teaching service.

Section 80-5.13 requires a candidate who applies for an initial certificate on or before April 30, 2014, and who has completed all other requirements for an initial certificate or who has completed all requirements for an initial certificate except completion of their registered Transitional B program, on or before April 30, 2014 shall submit evidence of having achieved a satisfactory level of performance on the ATSW, and any other required examinations on or before April 30, 2014 or a satisfactory level of performance on the TPA, and any other required examinations. A candidate who applies for an initial certificate on or after May 1, 2014 or who applies for an initial certificate on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, shall submit evidence of having achieved a satisfactory level of performance on the TPA, and any other required exam.

Section 80-5.14 requires a candidate who applies for a Transitional C certificate on or before April 30, 2014 and who has completed all other requirements for a Transitional C certificate on or before April 30, 2014, to submit evidence of passing the LAST, and CST(s) in the area of the certificate on or before April 30, 2014, or a satisfactory level of performance on the ALST, the EAS and the CST(s) in the area of the certificate. Candidates who apply for a Transitional C certificate on or after May 1, 2014 or who apply for a Transitional C certificate on or before April 30, 2014 but do not meet all the requirements for an initial certificate on or before April 30, 2014, shall submit evidence of passing the ALST, the EAS and the CST.

Section 80-5.22 is amended to require a candidate who applies for a Transitional G certificate on or before April 30, 2014 and who meets all the requirements for a Transitional G certificate on or before April 30, 2014 to submit evidence of having achieved a satisfactory level of performance on the LAST on or before April 30, 2014 or achieve a satisfactory level of performance on the ALST. A candidate who applies for a Transitional G certificate on or after May 1, 2014 or who applies for a Transitional G certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional G certificate on or before April 30, 2014 shall submit evidence of having achieved a satisfactory level of performance on the ALST.

Text of proposed rule and any required statements and analyses may be obtained from:

Mary Gammon, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Peg Rivers, New York State Education Department, 89 Washington Avenue, Room 979, Albany, New York 12234, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Education Law section 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Subdivision (1) of section 305 of the Education Law empowers the Commissioner of Education to be the chief executive officer of the state system of education and authorizes the Commissioner to execute educational policies determined by the Regents.

Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the State's public schools.

Paragraph (b) of subdivision (1) of section 3006 of the Education Law provides that the Commissioner of Education may issue such teacher certificates as the Regents Rules prescribe.

Subdivision (1) of section 3009 of the Education Law provides that no part of the school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The amendment carries out the legislative objectives of the above-referenced statutes by establishing the timeframes for implementation of the new certification examinations for teachers and school building leaders.

3. NEEDS AND BENEFITS:

The proposed amendment makes the following major changes to the certification examinations for teachers and school building leaders.

Timeline for Initial Certificates for Teachers in all fields other than Career and Technical Education (CTE)

Candidates who have completed all requirements for initial certification on or before April 30, 2014 and who apply for certification on or before April 30, 2014, will need to pass the LAST (Liberal Arts and Sciences Test), ATS-W (Assessment of Teaching Skills-Written), and CST (Content Specialty Test) in the area of the certificate on or before April 30, 2014. Instead of meeting the old examination requirements, a candidate applying for certification on or before April 30, 2014 may achieve a satisfactory level of performance on the new set of examinations (edTPA, EAS, ALST, CST). Candidates will not be permitted to mix and match examinations from the old and new tests.

Candidates applying for certification on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, will be required to pass the edTPA (Teacher Performance Assessment), EAS (Educating All Students test), ALST (Academic Literacy Skills Test), and CST.

Timeline for STEM Certification Candidates

Any candidate seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field as determined by the Department in grades 5-9 or grades 7-12 and who is applying for an initial certificate on or before April 30, 2014 and who has completed all other requirements for initial certification under such section on or before April 30, 2014 is only required to achieve a satisfactory level of performance on the LAST.

Any candidate seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field as determined by the Department in grades 5-9 or grades 7-12 and who is applying for an initial certificate on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, shall only be required to pass the EAS and ALST.

Timeline for Initial Certificates in CTE Fields - Option A

Candidates who have completed an associate's degree and have two years work experience in a field related to their certification are eligible to apply for certification under the Option A pathway. A candidate who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, is required to pass the ATS-W on or before April 30, 2014 or achieve a satisfactory level of performance on the edTPA and EAS.

A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, is required to pass the edTPA and EAS.

Timeline for Initial Certificates in CTE Fields - Option B

Candidates who have a high school diploma and four years work experience in a field related to their certificate are eligible to apply for certification under the Option B pathway. A candidate who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, is required to pass the Communication and Quantitative Skills Test (CQST) and ATS-W on or before April 30, 2014 or submit evidence of having achieved a satisfactory level of performance on the CQST, edTPA and EAS.

A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, is required to pass the CQST, edTPA and EAS.

Timeline for Candidates Applying for Transitional B or C Certificates

A candidate who applies for a Transitional B or C certificate on or before April 30, 2014 and who meets all the requirements for a Transitional B or C certificate on or before April 30, 2014, is required to take the LAST and the CST in the area of the certificate, where such CST is required for the certificate title on or before April 30, 2014. Successful completion of the CST in the area of the certificate shall not be required for the transitional B certificate authorizing the teaching of English to speakers of other languages, students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, or students with speech and language disabilities, or for an extension of a transitional B certificate in bilingual education. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a CST prescribed by the Commissioner.

A candidate who applies for a Transitional B or C certificate on or after May 1, 2014 or a candidate who applies for a Transitional B or C certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional B or C certificate on April 30, 2014 is required to pass the ALST, EAS, and the CST in the area of the certificate, where such CST is required for the certificate title. Successful completion of the CST in the area of the certificate shall not be required for the Transitional B certificate authorizing the teaching of English to speakers of other languages, students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, or students with speech and language disabilities, or for an extension of a Transitional B certificate in bilingual education. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a CST prescribed by the Commissioner or a teaching certificate in the classroom teaching service.

Timeline for Transitional B or C Candidates Applying for Certification

Candidates for certification via the Transitional B or C ("alternative") pathways would be subject to the following requirements. A candidate who applies for an initial certificate on or before April 30, 2014, and who has completed all other requirements for an initial certificate or who has completed all requirements for an initial certificate except completion of their registered Transitional B program, on or before April 30, 2014, is required to take the ATS-W and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable, on or before April 30, 2014 or a satisfactory level of performance on the edTPA and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.

A candidate who applies for an initial certificate on or after May 1, 2014 or who applies for an initial certificate on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, shall submit evidence of having achieved a satisfactory level of performance on the edTPA and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.

Timeline for Transitional G Candidates

A candidate applying for a Transitional G certificate (only available to individuals who hold a graduate degree and are college professors) on or before April 30, 2014 and who meets all the requirements for a Transitional G certificate on or before April 30, 2014 is required to pass the LAST on or before April 30, 2014 or achieve a satisfactory level of performance on the ALST.

A candidate who applies for a Transitional G certificate on or after May 1, 2014 or who applies for a Transitional G certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional G certificate on or before April 30, 2014 will be required to pass the ALST.

Timeline for School Building Leader Candidates

A candidate applying for a school building leader certificate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment for school building leadership. In addition, for candidates applying for certification on or after May 1, 2014 or candidates who apply for certification on or before April 30, 2014 but do not meet all the requirements for an initial certificate on or before April 30, 2014, the candidate shall also achieve a satisfactory level of performance on the EAS.

4. COSTS:

(a) Costs to State government: The amendment will not impose any additional costs on State government including the State Education Department.

(b) Costs to local governments: The amendment will not impose any additional costs on local governments.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any mandatory program, service, duty, or responsibility upon local government, including school districts or BOCES. However, the proposed amendment provides that a school or school system shall not prohibit an individual who is a current or prospective applicant for certification from videotaping a classroom for the purpose of meeting the requirements of the teacher performance assessment for certification as a teacher in the classroom teaching service.

6. PAPERWORK:

There are no additional paperwork requirements beyond those currently imposed.

7. DUPLICATION:

The amendment does not duplicate any existing State or Federal requirements.

8. ALTERNATIVES:

At the November and December 2009 Board of Regents meetings, the Board approved a number of initiatives for the purpose of transforming teaching and learning and school leadership in New York State. One of those initiatives was to strengthen the assessments for the certification of teachers and school leaders, by creation of a teacher performance assessment and increased rigor of the content specialty exams. The new exams were described in New York's Race to the Top (RTTT) application and are part of New York's RTTT scope of work and were scheduled to be implemented in May 2013. At the Board's September 2011 meeting, Department staff presented background information on the exams and proposed revisions to the content of the examinations based on research and developments in educational policy. At the February 2012 meeting, the Board of Regents approved a shift in the implementation date of the new certification examinations (the Teacher Performance Assessment, the Academic Literacy Skills Test, the Educating All Students test and the School Building Leader assessment) based on input from the field. These new examinations would be required for all candidates applying for teacher or school building leader certification and/or completing all certification requirements on or after May 1, 2014.

The rule is necessary to implement the provisions of New York State's RTTT application. Therefore, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no Federal standards that establish requirements for the certification of teachers for service in the State's public schools.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be adopted at the December Regents meeting and will become effective on January 3, 2013.

Regulatory Flexibility Analysis

(a) Small businesses:

The purpose of the proposed rule is to establish the timeframes for the new teacher and school building leader certification examinations. The proposed rule does not impose any reporting, recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small business. Because it is evident from the nature of the amendment that it does not affect small businesses, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The rule changes the examination requirements for all teachers and school building leaders applying for certification on or after May 1, 2014 in certain certificate titles and to school districts that employ prospective applicants for certification.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment makes the following major changes to the teacher and school building leader certification examinations:

Timeline for Initial Certificates for Teachers in all fields other than Career and Technical Education (CTE)

Candidates who have completed all requirements for initial certification on or before April 30, 2014 and who apply for certification on or before April 30, 2014, will need to pass the LAST (Liberal Arts and Sciences Test), ATS-W (Assessment of Teaching Skills-Written), and CST (Content Specialty Test) in the area of the certificate on or before April 30, 2014. Instead of meeting the old examination requirements, a candidate applying for certification on or before April 30, 2014 may achieve a satisfactory level of performance on the new set of examinations (edTPA (Teacher Performance Assessment), EAS (Educating All Students test), ALST (Academic Literacy Skills Test), CST). Candidates will not be permitted to mix and match examinations from the old and new tests.

Candidates applying for certification on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, will be required to pass the edTPA, EAS, ALST, and CST.

Timeline for STEM Certification Candidates

Any candidate seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field as determined by the Department in grades 5-9 or grades 7-12 and who is applying for an initial certificate on or before April 30, 2014 and who has completed all other requirements for initial certification under such section on or before April 30, 2014 is only required to achieve a satisfactory level of performance on the LAST.

Any candidate seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field as determined by the Department in grades 5-9 or grades 7-12 and who is applying for an initial certificate on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, shall only be required to pass the EAS and ALST.

Timeline for Initial Certificates in CTE Fields - Option A

Candidates who have completed an associate's degree and have two years work experience in a field related to their certification are eligible to apply for certification under the Option A pathway. A candidate who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, is required to pass the ATS-W on or before April 30, 2014 or achieve a satisfactory level of performance on the edTPA and EAS.

A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, is required to pass the edTPA and EAS.

Timeline for Initial Certificates in CTE Fields - Option B

Candidates who have a high school diploma and four years work experience in a field related to their certificate are eligible to apply for certification under the Option B pathway. A candidate who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, is required to pass the Communication and Quantitative Skills Test (CQST) and ATS-W on or before April 30, 2014 or submit evidence of having achieved a satisfactory level of performance on the CQST, edTPA and EAS.

A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, is required to pass the CQST, edTPA and EAS.

Timeline for Candidates Applying for Transitional B or C Certificates

A candidate who applies for a Transitional B or C certificate on or before April 30, 2014 and who meets all the requirements for a Transitional B or C certificate on or before April 30, 2014, is required to take the LAST and the CST in the area of the certificate, where such CST is required for the certificate title on or before April 30, 2014. Successful completion of the CST in the area of the certificate shall not be required for the transitional B certificate authorizing the teaching of English to speakers of other languages, students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, or students with speech and language disabilities, or for an extension of a transitional B certificate in bilingual education. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a CST prescribed by the Commissioner.

A candidate who applies for a Transitional B or C certificate on or after May 1, 2014 or a candidate who applies for a Transitional B or C certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional B or C certificate on April 30, 2014 is required to pass the ALST, EAS, and the CST in the area of the certificate, where such CST is required for the certificate title. Successful completion of the CST in the area of the certificate shall not be required for the Transitional B certificate authorizing the teaching of English to speakers of other languages, students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, or students with speech and language disabilities, or for an extension of a Transitional B certificate in bilingual education. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a CST prescribed by the Commissioner or a teaching certificate in the classroom teaching service.

Timeline for Transitional B or C Candidates Applying for Certification

Candidates for certification via the Transitional B or C ("alternative") pathways would be subject to the following requirements. A candidate who applies for an initial certificate on or before April 30, 2014, and who has completed all other requirements for an initial certificate or who has completed all requirements for an initial certificate except completion of their registered Transitional B program, on or before April 30, 2014, is required to take the ATS-W and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable, on or before April 30, 2014 or a satisfactory level of performance on the edTPA and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.

A candidate who applies for an initial certificate on or after May 1, 2014 or who applies for an initial certificate on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, shall submit evidence of having achieved a satisfactory level of performance on the edTPA and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.

Timeline for Transitional G Candidates

A candidate applying for a Transitional G certificate (only available to individuals who hold a graduate degree and are college professors) on or before April 30, 2014 and who meets all the requirements for a Transitional G certificate on or before April 30, 2014 is required to pass the LAST on or before April 30, 2014 or achieve a satisfactory level of performance on the ALST.

A candidate who applies for a Transitional G certificate on or after May 1, 2014 or who applies for a Transitional G certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional G certificate on or before April 30, 2014 will be required to pass the ALST.

Timeline for School Building Leader Candidates

A candidate applying for a school building leader certificate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment for school building leadership. In addition, for candidates applying for certification on or after May 1, 2014 or candidates who apply for certification on or before April 30, 2014 but do not meet all the requirements for an initial certificate on or before April 30, 2014, the candidate shall also achieve a satisfactory level of performance on the EAS.

The proposed amendment also provides that a school or school system shall not prohibit an individual who is a current or prospective applicant for certification from videotaping a classroom for the purpose of meeting the requirements of the teacher performance assessment for certification as a teacher in the classroom teaching service.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional services requirements on school districts or BOCES.

4. COMPLIANCE COSTS:

There will be additional costs imposed on teacher or school building leader candidates taking the new set of examinations. As soon as the fee schedules are finalized and available, they will be posted on our website at www.nysed.gov.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The rule does not impose any additional technological requirements on school districts or BOCES.

6. MINIMIZING ADVERSE IMPACT:

At the November and December 2009 Board of Regents meetings, the Board approved a number of initiatives for the purpose of transforming teaching and learning and school leadership in New York State. One of those initiatives was to strengthen the assessments for the certification of teachers and school leaders, by creation of a teacher performance assessment and increased rigor of the content specialty exams. The new exams were described in New York's Race to the Top (RTTT) application and are part of New York's RTTT scope of work and were scheduled to be implemented in May 2013. At the Board's September 2011 meeting, Department staff presented background information on the exams and proposed revisions to the content of the examinations based on research and developments in educational policy. At the February 2012 meeting, the Board of Regents approved a shift in the implementation date of the new certification examinations (the Teacher Performance Assessment, the Academic Literacy Skills Test, the Educating All Students test and the School Building Leader assessment) based on input from the field. These new examinations would be required for all candidates applying for teacher or school building leader certification and/or completing all certification requirements on or after May 1, 2014.

The rule is necessary to implement the provisions of New York State's RTTT application. Therefore, no alternatives were considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the development of the proposed amendment have been solicited from district superintendents across the State and the Big 5 city school districts.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment will affect certified teachers that apply for a teaching or school building leader certificate in all parts of the State, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment makes the following major changes to the teacher and school building leader certification examinations:

Timeline for Initial Certificates for Teachers in all fields other than Career and Technical Education (CTE)

Candidates who have completed all requirements for initial certification on or before April 30, 2014 and who apply for certification on or before April 30, 2014, will need to pass the LAST (Liberal Arts and Sciences Test), ATS-W (Assessment of Teaching Skills-Written), and CST (Content Specialty Test) in the area of the certificate on or before April 30, 2014. Instead of meeting the old examination requirements, a candidate applying for certification on or before April 30, 2014 may achieve a satisfactory level of performance on the new set of examinations (edTPA (Teacher Performance Assessment), EAS (Educating All Students test), ALST Academic Literacy Skills Test), CST). Candidates will not be permitted to mix and match examinations from the old and new tests.

Candidates applying for certification on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, will be required to pass the edTPA, EAS, ALST, and CST.

Timeline for STEM Certification Candidates

Any candidate seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field as determined by the Department in grades 5-9 or grades 7-12 and who is applying for an initial certificate on or before April 30, 2014 and who has completed all other requirements for initial certification under such section on or before April 30, 2014 is only required to achieve a satisfactory level of performance on the LAST.

Any candidate seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field as determined by the Department in grades 5-9 or grades 7-12 and who is applying for an initial certificate on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, shall only be required to pass the EAS and ALST.

Timeline for Initial Certificates in CTE Fields - Option A

Candidates who have completed an associate's degree and have two years work experience in a field related to their certification are eligible to apply for certification under the Option A pathway. A candidate who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, is required to pass the ATS-W on or before April 30, 2014 or achieve a satisfactory level of performance on the edTPA and EAS.

A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, is required to pass the edTPA and EAS.

Timeline for Initial Certificates in CTE Fields - Option B

Candidates who have a high school diploma and four years work experience in a field related to their certificate are eligible to apply for certification under the Option B pathway. A candidate who has completed all requirements for initial certification on or before April 30, 2014 and who applies for certification on or before April 30, 2014, is required to pass the Communication and Quantitative Skills Test (CQST) and ATS-W on or before April 30, 2014 or submit evidence of having achieved a satisfactory level of performance on the CQST, edTPA and EAS.

A candidate who applies for certification on or after May 1, 2014 or a candidate who applies for certification on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, is required to pass the CQST, edTPA and EAS.

Timeline for Candidates Applying for Transitional B or C Certificates

A candidate who applies for a Transitional B or C certificate on or before April 30, 2014 and who meets all the requirements for a Transitional B or C certificate on or before April 30, 2014, is required to take the LAST and the CST in the area of the certificate, where such CST is required for the certificate title on or before April 30, 2014. Successful completion of the CST in the area of the certificate shall not be required for the transitional B certificate authorizing the teaching of English to speakers of other languages, students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, or students with speech and language disabilities, or for an extension of a transitional B certificate in bilingual education. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a CST prescribed by the Commissioner.

A candidate who applies for a Transitional B or C certificate on or after May 1, 2014 or a candidate who applies for a Transitional B or C certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional B or C certificate on April 30, 2014 is required to pass the ALST, EAS, and the CST in the area of the certificate, where such CST is required for the certificate title. Successful completion of the CST in the area of the certificate shall not be required for the Transitional B certificate authorizing the teaching of English to speakers of other languages, students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, or students with speech and language disabilities, or for an extension of a Transitional B certificate in bilingual education. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a CST prescribed by the Commissioner or a teaching certificate in the classroom teaching service.

Timeline for Transitional B or C Candidates Applying for Certification

Candidates for certification via the Transitional B or C ("alternative") pathways would be subject to the following requirements. A candidate who applies for an initial certificate on or before April 30, 2014, and who has completed all other requirements for an initial certificate or who has completed all requirements for an initial certificate except completion of their registered Transitional B program, on or before April 30, 2014, is required to take the ATS-W and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable, on or before April 30, 2014 or a satisfactory level of performance on the edTPA and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.

A candidate who applies for an initial certificate on or after May 1, 2014 or who applies for an initial certificate on or before April 30, 2014 but does not meet all the requirements for an initial certificate on or before April 30, 2014, shall submit evidence of having achieved a satisfactory level of performance on the edTPA and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.

Timeline for Transitional G Candidates

A candidate applying for a Transitional G certificate (only available to individuals who hold a graduate degree and are college professors) on or before April 30, 2014 and who meets all the requirements for a Transitional G certificate on or before April 30, 2014 is required to pass the LAST on or before April 30, 2014 or achieve a satisfactory level of performance on the ALST.

A candidate who applies for a Transitional G certificate on or after May 1, 2014 or who applies for a Transitional G certificate on or before April 30, 2014 but does not meet all the requirements for a Transitional G certificate on or before April 30, 2014 will be required to pass the ALST.

Timeline for School Building Leader Candidates

A candidate applying for a school building leader certificate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment for school building leadership. In addition, for candidates applying for certification on or after May 1, 2014 or candidates who apply for certification on or before April 30, 2014 but do not meet all the requirements for an initial certificate on or before April 30, 2014, the candidate shall also achieve a satisfactory level of performance on the EAS.

3. COSTS:

There will be additional costs imposed on teacher or school building leader candidates taking the new set of examinations. As soon as the fee schedules are finalized and available, they will be posted on our website at www.nysed.gov.

4. MINIMIZING ADVERSE IMPACT:

At the November and December 2009 Board of Regents meetings, the Board approved a number of initiatives for the purpose of transforming teaching and learning and school leadership in New York State. One of those initiatives was to strengthen the assessments for the certification of teachers and school leaders, by creation of a teacher performance assessment and increased rigor of the content specialty exams. The new exams were described in New York's Race to the Top (RTTT) application and are part of New York's RTTT scope of work and were scheduled to be implemented in May 2013. At the Board's September 2011 meeting, Department staff presented background information on the exams and proposed revisions to the content of the examinations based on research and developments in educational policy. At the February 2012 meeting, the Board of Regents approved a shift in the implementation date of the new certification examinations (the Teacher Performance Assessment, the Academic Literacy Skills Test, the Educating All Students test and the School Building Leader assessment) based on input from the field. These new examinations would be required for all candidates applying for teacher or school building leader certification and/or completing all certification requirements on or after May 1, 2014.

The rule is necessary to implement the provisions of New York State's RTTT application. Therefore, no alternatives were considered.

5. RURAL AREA PARTICIPATION:

The State Education Department has sent the proposed amendment to the Rural Advisory Committee, which has members who live or work in rural areas across the State.

Job Impact Statement

The purpose of the proposed rule is to establish the timeframes for the new teacher and school building leader certification examinations. Because it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, 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.