Specific reasons underlying the finding of necessity:
The proposed rule is necessary to implement Education Law sections 210-a and 210-b, as added by Subpart B of Part EE of Chapter 56 of the Laws of 2015, regarding admission requirements for graduate-level teacher and educational leadership programs and the suspension and deregistration of certain registered programs with certain passage rates on the certification examinations.
Since the Board of Regents meets at fixed intervals, the earliest the proposed rule can be presented for regular (non-emergency) adoption, after expiration of the required 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5), would be the December 2015 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed rule, if adopted at the December meeting, would be December 30, 2015, the date a Notice of Adoption would be published in the State Register. However, Chapter 56 of the Laws of 2015 was signed by the Governor on April 13, 2015, and the provisions of section 2 of Subpart B became effective July 1, 2015 and the provisions of section 1 of Subpart A become effective for registered graduate-level teacher and educational leadership programs commencing instruction on or after July 1, 2016. Therefore, emergency action is necessary at the September 15-16, 2015 Regents meeting for the preservation of the general welfare in order to immediately establish standards for the admission requirements for graduate-level teacher and educational leadership programs and for the suspension and de-registration of graduate-level teacher and educational leadership programs and thus ensure the timely implementation of Education Law §§ 210-a and 210-b, as added by Subpart B of Part EE of Ch. 56 of the Laws of 2015.
Subject:
Graduate-level teacher and educational leadership programs.
Purpose:
To establish minimum admission standards for graduate level teacher and leader preparation programs and requirements for the suspension and/or deregistration of certain programs with completers who fail to achieve a minimum pass rate on certification examinations for three consecutive years.
Text of emergency/proposed rule:
1. A new clause (l) shall be added to (l) of subparagraph (i) of paragraph (2) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education, effective September 21, 2015, to read as follows:
(l) Minimum Selection Criteria by Graduate-Level Teacher and Educational Leadership Programs Commencing Instruction on or after July 1, 2016.
(1) Institutions with registered graduate level teacher and educational leadership programs shall adopt rigorous selection criteria geared to predicting a candidate’s academic success in its program. These rigorous selection criteria shall include, but not be limited to, a minimum score on the Graduate Record Examination or a substantially equivalent admission examination, as determined by the institution, and achievement of a cumulative grade point average of 3.0, or its equivalent, in the candidate’s undergraduate program.
(2) Each program may exempt no more than 15 percent of any incoming class of students from such selection criteria described in this subclause based on such student’s demonstration of potential to positively contribute to the teaching and/or educational leadership professions, as applicable. A program shall report to the Department the number of students admitted pursuant to such exemption and the selection criteria used for such exemptions.
2. Subclause (3) of clause (b) of subparagraph (iv) of paragraph (2) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education shall be renumbered as subclause (4) and a new subclause (3) shall be added, effective September 21, 2015, to read as follows:
(3) Requirements for Suspension and/or Deregistration of Graduate-Level Teacher and Educational Leadership Program.
(i) The authority of a graduate-level teacher and educational leadership program to admit new students shall be suspended if, for three consecutive academic years, fewer than fifty percent of its students who have satisfactorily completed the program pass each examination that they have taken that is required for such student’s first initial certification, or certification examinations associated with the program leading to a student’s additional certification. The pass rate calculation shall include students who have taken one of the certification examinations and used a safety net pursuant to section 80-1.5(c) of this Title. Notwithstanding such suspension, the program shall be permitted to continue operations for the length of time it would take all currently admitted and/or enrolled students, if such students were to attend classes on a full-time basis, to complete the requirements for their degrees. Upon such suspension, the graduate program shall promptly notify each admitted and/or enrolled student of such suspension and in the case of students attending classes on a part-time basis, the institution shall notify these students that they will not be able to the complete the program. If, during this time period, the Commissioner determines that student and/or program performance has significantly improved, the Commissioner may reinstate the program’s ability to admit new students. If the Commissioner does not affirmatively reinstate the program’s authority to admit new students during such time period, the program shall be deregistered.
(a) For purposes of this subclause, students who have satisfactorily completed the graduate program shall mean students who have met each educational requirement of the program, without regard to whether such students have been awarded a degree, and excluding any requirement that the student pass each required certification examination for such student’s first initial certificate, or each required certification examination for such student’s school building leader certificate in order to complete the program.
(b) Following suspension of a program pursuant to the subclause, the institution may submit an appeal, on a form prescribed by the Commissioner, to the Commissioner within 30 days of such suspension. The Office of College and University Evaluation shall then have 10 days to submit a written reply to the Commissioner. The Commissioner shall then review the written papers submitted and issue a written decision on the appeal within 30 days of either the Office of College and University Evaluation’ reply or if such office does not submit a reply, within 30 days of receipt of the appeal, whichever occurs later. However, a program that has had its ability to admit students suspended shall not admit new students while awaiting the Commissioner’s decision on any appeal. An institution with a deregistered program shall not admit any new students in such program while awaiting the Commissioner’s decision on its application for registration.
…
[(3)] (4) By January 15, 2000 and annually by January 15th thereafter, each institution with programs registered pursuant to this section shall provide the department with a list of all students who satisfactorily complete each of its teacher education programs in the preceding year, July 1st through June 30th.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire December 19, 2015.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, New York State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Peg Rivers, State Education Department, Office of Higher Education, Room 979 EBA, 89 Washington Ave., Albany, NY 12234, (518) 486-3633, email: regcomments@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 210 of the Education Law authorizes the Department to fix the value of degrees, diplomas and certificates issued by institutions of other states or countries as presented for entrance to schools, colleges and the professions of the state.
Sections 210-a of the Education Law, added by Chapter 56 of the Laws of 2015, requires all institutions with graduate level teacher and leader preparation programs registered by the Department to adopt rigorous selection criteria geared to predicting a candidate’s academic success in its program.
Sections 210-b of the Education Law, added by Chapter 56 of the Laws of 2015 requires that, if fewer than 50 percent of the program completers in a graduate teacher or educational leadership program pass each examination required for certification for three consecutive academic years, the Department must suspend the program’s authority to admit new students. This provision in the new law became effective July 1, 2015.
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 of the Board of Regents and authorizes the Commissioner to enforce laws relating to the educational system and to execute educational policies determined by the Regents.
Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools subject to the Education Law.
Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the public schools of New York State.
Subdivision (1) of section 3004 of the Education Law authorizes the Commissioner of Education to prescribe, subject to the approval of the Regents, regulations governing the examination and certification of teachers employed in all public schools in the State.
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.
Paragraph (b) of Subdivision (1) of the Education Law provides that no part of school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment will carry out the objectives of the above referenced statutes by requiring all institutions with graduate level teacher and leader preparation programs registered by the Department to adopt rigorous selection criteria geared to predicting a candidate’s academic success in its program. The proposed amendment also implements Chapter 56 of the Laws of 2015 by requiring the Department to suspend a graduate level teacher or leader preparation program’s authority to admit new students if, for three consecutive academic years, fewer than fifty percent of its students who have completed the program, pass each of the certification assessments required for their first initial certificate, and deregister the program if it does not significantly improve.
3. NEEDS AND BENEFITS:
Admission Requirements
The Department, consistent with the requirements of 210-a, will require registered programs with graduate level teacher and educational leader programs commencing instruction on or after July 1, 2016, to establish rigorous minimum selection criteria geared to predicting a candidate’s academic success in the program. The law requires candidates who are seeking their first initial certificate admitted to such programs to have a minimum cumulative undergraduate grade point average of 3.0 or higher in the candidate’s undergraduate program, and to have achieved a minimum score, to be set by the institution, on the Graduate Record Examination (GRE), or a substantially equivalent admission assessment. Pursuant to the law, each program is entitled to exempt up to fifteen percent of its incoming class from these admission requirements based on the exempted student’s demonstrated “potential to positively contribute to the teacher profession” or for “other extenuating circumstances pursuant to the regulations of the commissioner. The Department has clarified this exemption to also extend to a student’s ability to positively contribute to the educational leadership profession for students in a graduate-level educational leadership program. However, the Department did not list any other extenuating circumstances in the regulation because it believes that an exemption should only be permitted where a student is able to demonstrate the potential to positively contribute to the teaching and/or educational leadership profession and if a student cannot demonstrate such potential, an exemption should not be granted. Further, adding extenuating circumstances does not increase the percentage of students exempted from the admission criteria set forth in the statute.
Minimum Program Completer Certification Assessment Pass Rate, Suspension and Deregistration
Section 210-b requires that, if fewer than fifty percent of the program completers in a graduate teacher or leader preparation program pass each examination required for certification for three consecutive academic years, the Department must suspend the program’s authority to admit new students. This provision in the new law became effective July 1, 2015. The law provides that the program shall be permitted to continue operations for the length of time it would take all students currently admitted and/or enrolled students to complete the program based on a full-time course schedule. If, during that time, the Commissioner determines that student and/or program performance has significantly improved, the Commissioner may reinstate the program’s ability to admit new students. In making this determination, the statute instructs the Department to consider performance on each certification examination of the cohort of students completing an examination not more than five years before the end of the academic year in which the program is completed or not later than the September 30 following the end such academic year, where such academic year is defined as July 1 through June 30th, and shall consider only the highest score of individuals taking a test more than once. The Department will seek input from the field and, at a future date, recommend to the Board of Regents how it will define significant improvement.
A program that has been suspended would be permitted to continue operations for the length of time it would take all currently admitted and/or enrolled students, if such students were to attend classes on a full-time basis, to complete the requirements for their degrees. The institution would be required to notify all admitted and/or enrolled students of the suspension and, in the case of students attending classes on a part-time basis, the institution would be required to notify these students that they may not be able to the complete the program.
The program may also appeal the suspension during this time, in a manner and timeframe prescribed by the Commissioner. The law further provides authority to the Commissioner to affirmatively reinstate the program’s ability to admit new students if: (i) student or program performance improves; or (ii) the Department’s suspension is successfully overturned on appeal. If the program’s ability to admit new students is not affirmatively reinstated by the Commissioner, the law requires the program to be deregistered.
Education Law § 210-b also authorizes the Commissioner to conduct expedited suspension and registration reviews for graduate programs pursuant to the Commissioner’s regulations. The Department will be discussing this provision of the new law with stakeholders and the State Professional and Practices Board to determine what situations should trigger expedited reviews and will come back to the Board sometime this winter to discuss their recommendations.
4. COSTS:
(a) Cost to State government. The amendment will not impose any additional cost on State government, including the State Education Department.
(b) Cost to local government. The amendment does not impose additional costs upon local governments, including schools districts and BOCES.
(c) Cost to private regulated parties. The amendment will not impose additional costs on private regulated parties.
(d) Costs to the regulatory agency. As stated above in Costs to State Government, the amendment will not impose any additional costs on the State Education Department.
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.
6. PAPERWORK:
The proposed amendment will not increase reporting or recordkeeping requirements beyond existing requirements, except that the proposed amendment establishes an appeal process for institutions who choose to challenge the suspension of their program. Following suspension of a program, the institution may submit an appeal, on a form prescribed by the Commissioner, to the Commissioner within 30 days of such suspension. The Office of College and University Evaluation shall then have 10 days to submit a written reply to the Commissioner. The Commissioner shall then review the written papers submitted and issue a written decision on the appeal within 30 days of either the Office of College and University Evaluation’ reply or if such office does not submit a reply, within 30 days of receipt of the appeal, whichever occurs later. However, a program that has had its ability to admit students suspended shall not admit new students while awaiting the Commissioner’s decision on any appeal.
7. DUPLICATION:
The amendment does not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
No alternatives were considered because the proposed amendment implements the statutory requirements in Education Law §§ 210-a and 210-b, as added by Chapter 56 of the Laws of 2015.
9. FEDERAL STANDARDS:
There are no Federal standards that deal with the subject matter of this amendment.
10. COMPLIANCE SCHEDULE:
Regulated parties must comply with the proposed amendment on its effective date. Because of the nature of the proposed amendment, no additional period of time is necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The purpose of the proposed amendment is to implement Education Law §§ 210-a and 210-b, as added by Chapter 56 of the Laws of 2015, by requiring all institutions with graduate level teacher and leader preparation programs registered by the Department to adopt rigorous selection criteria geared to predicting a candidate’s academic success in its program and to authorize the Department to suspend a graduate level teacher or leader preparation program’s authority to admit new students if, for three consecutive academic years, fewer than fifty percent of its students who have completed the program, pass each of the certification assessments required for their first initial certificate, and deregister the program if it does not significantly improve. Since the proposed amendment has no impact on small businesses or local governments, no regulatory flexibility analysis for small businesses and local governments has been prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment will affect teacher and leader graduate-level candidates in all parts of the State and institutions offering graduate level teacher and educational leader programs in all parts of this 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:
Admission Requirements
The Department, consistent with the requirements of 210-a, will require registered programs with graduate level teacher and educational leader programs commencing instruction on or after July 1, 2016, to establish rigorous minimum selection criteria geared to predicting a candidate’s academic success in the program. The law requires candidates who are seeking their first initial certificate admitted to such programs to have a minimum cumulative undergraduate grade point average of 3.0 or higher in the candidate’s undergraduate program, and to have achieved a minimum score, to be set by the institution, on the Graduate Record Examination (GRE), or a substantially equivalent admission assessment. Pursuant to the law, each program is entitled to exempt up to fifteen percent of its incoming class from these admission requirements based on the exempted student’s demonstrated “potential to positively contribute to the teacher profession” or for “other extenuating circumstances pursuant to the regulations of the commissioner. The Department has clarified this exemption to also extend to a student’s ability to positively contribute to the educational leadership profession for students in a graduate-level educational leadership program. However, the Department did not list any other extenuating circumstances in the regulation because it believes that an exemption should only be permitted where a student is able to demonstrate the potential to positively contribute to the teaching and/or educational leadership profession and if a student cannot demonstrate such potential, an exemption should not be granted. Further, adding extenuating circumstances does not increase the percentage of students exempted from the admission criteria set forth in the statute.
Minimum Program Completer Certification Assessment Pass Rate, Suspension and Deregistration
Section 210-b requires that, if fewer than fifty percent of the program completers in a graduate teacher or leader preparation program pass each examination required for certification for three consecutive academic years, the Department must suspend the program’s authority to admit new students. This provision in the new law became effective July 1, 2015. The law provides that the program shall be permitted to continue operations for the length of time it would take all students currently admitted and/or enrolled students to complete the program based on a full-time course schedule. If, during that time, the Commissioner determines that student and/or program performance has significantly improved, the Commissioner may reinstate the program’s ability to admit new students. In making this determination, the statute instructs the Department to consider performance on each certification examination of the cohort of students completing an examination not more than five years before the end of the academic year in which the program is completed or not later than the September 30 following the end such academic year, where such academic year is defined as July 1 through June 30th, and shall consider only the highest score of individuals taking a test more than once. The Department will seek input from the field and, at a future date, recommend to the Board of Regents how it will define significant improvement.
A program that has been suspended would be permitted to continue operations for the length of time it would take all currently admitted and/or enrolled students, if such students were to attend classes on a full-time basis, to complete the requirements for their degrees. The institution would be required to notify all admitted and/or enrolled students of the suspension and, in the case of students attending classes on a part-time basis, the institution would be required to notify these students that they may not be able to the complete the program.
The program may also appeal the suspension during this time, in a manner and timeframe prescribed by the Commissioner. The law further provides authority to the Commissioner to affirmatively reinstate the program’s ability to admit new students if: (i) student or program performance improves; or (ii) the Department’s suspension is successfully overturned on appeal. If the program’s ability to admit new students is not affirmatively reinstated by the Commissioner, the law requires the program to be deregistered.
Education Law § 210-b also authorizes the Commissioner to conduct expedited suspension and registration reviews for graduate programs pursuant to the Commissioner’s regulations. The Department will be discussing this provision of the new law with stakeholders and the State Professional and Practices Board to determine what situations should trigger expedited reviews and will come back to the Board sometime this winter to discuss their recommendations.
3. COSTS:
There are no additional costs imposed by the proposed amendment.
4. MINIMIZING ADVERSE IMPACT:
Subpart B of Part EE of the Laws of 2015 does not make any exceptions for teacher/leader candidates or institutions in rural areas of the State, except pursuant to the law, each program is entitled to exempt up to fifteen percent of its incoming class from the admission requirements based on the exempted student’s demonstrated “potential to positively contribute to the teacher profession” or for “other extenuating circumstances pursuant to the regulations of the commissioner”. The Department has clarified this exemption to also extend to a student’s ability to positively contribute to the educational leadership profession for students in a graduate-level educational leadership program. This exemption may apply to student’s who meet this requirement, and who live or work in rural areas of this State.
5. RURAL AREA PARTICIPATION:
The State Education Department has sent the proposed amendment to the Rural Advisory Committee for comment, which has members who live or work in rural areas across the State.
Job Impact Statement
The purpose of the proposed amendment is to conform regulations to the requirements of the new sections 210-a and 210-b to the Education Law, as added by Subpart B of Part EE of Chapter 56 of the Laws of 2015, to adopt rigorous admission requirements and to establish the requirements for the suspension and deregistration of graduate-level teacher and educational leader programs. The proposed rule does not impose any reporting, recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small businesses or local governments. 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.
