PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
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
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The proposed rule is necessary to implement Education Law sections 3641-a and 3641-b, as added by Chapter 57 of the Laws of 2007, to establish Excelsior scholars programs for grade seven mathematics and science students and grants for summer institutes for mathematics and science teachers.
Education Law section 3641-a provides that the Commissioner shall establish an Excelsior Scholars program for grade seven mathematics and science students, and award grants on a competitive basis to public and independent colleges and universities to conduct summer programs providing advanced coursework in mathematics and science to students designated as Excelsior Scholars.
Education Law section 3641-b, as added by Chapter 57 of the Laws of 2007, provides that the Commissioner shall establish a program of competitively awarded grants to public and independent colleges and universities offering teacher education programs, in partnership with school districts, to conduct summer institutes for teachers of science and mathematics in grades five through eight in middle, junior high, intermediate or junior/senior high schools with priority given as practicable to teachers in schools identified as schools in need of improvement or in corrective action or restructuring status, schools under registration review or schools requiring academic progress. The institutes shall be designed to advance the content knowledge and pedagogy of participating science and mathematics teachers and shall, to the extent practicable, be aligned and integrated with programs offered to Excelsior Scholars pursuant to Education Law section 3641-a.
Since publication of a Notice of Proposed Rule Making in the State Register on August 15, 2007, substantial revisions have been made to the proposed rule and a Notice of Revised Rule Making will be published in the State Register on October 24, 2007. Pursuant to State Administrative Procedure Act (SAPA) section 202(4-a), the revised rule cannot be adopted by regular (non-emergency) action until at least 30 days after publication of the revised rule in the State Register. Since the Board of Regents meets at fixed intervals, and no Regents meeting is scheduled for November 2007, the earliest the proposed amendment can be adopted by regular action, after expiration of the 30-day public comment period for a revised rule making, is the December 13–14, 2007 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest the proposed rule can become effective, if adopted at the December Regents meeting, is upon its publication in the State Register on January 2, 2008.
However, in order to ensure the timely summer 2008 implementation of Excelsior Scholars programs and summer institutes for mathematics and science teachers, the State Education Department has determined that the Department should issue requests for proposals (RFPs) in October 2007, so that interested public and independent colleges and universities seeking to administer the programs have sufficient time to prepare and submit their proposals in response to the RFPs, have their proposals reviewed and approved by the Department and Office of the State Comptroller, receive the grant awards, communicate with school districts to recruit students and teachers for the programs, and notify nominees of their acceptance into the programs. Delaying the proposed rule until January 2008 would severely shorten the timelines within which these activities must occur and could jeopardize the timely implementation of the programs in the summer of 2008.
Emergency action to adopt the proposed rule is necessary for the preservation of the general welfare in order to immediately establish criteria for the Excelsior Scholars program and grants for summer institutes so that requests for proposals with respect to such programs may be issued in October 2007 and thereby ensure the programs may be timely implemented during the summer of 2008.
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 emergency rule:
1. Section 100.14 of the Regulations of the Commissioner of Education is added, effective October 30, 2007, 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 October 30, 2007, 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.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously published a notice of proposed rule making, I.D. No. EDU-33-07-00012-P, Issue of August 15, 2007. The emergency rule will expire January 26, 2008.
Text of emergency 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
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 empowers the Board of Regents and the Commissioner to adopt rules and regulations to carry out laws of the State regarding education and the functions and duties conferred on the Department by law.
Education Law section 215 authorizes the Board of Regents, the Commissioner or their representatives to visit, examine, and inspect schools or other educational institutions, and require and verify reports from those entities.
Education Law 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents.
Education Law section 3641-a, as added by Chapter 57 of the Laws of 2007, provides that the Commissioner shall establish an Excelsior Scholars program for grade seven mathematics and science students, and award grants on a competitive basis to public and independent colleges and universities to conduct summer programs providing advanced coursework in mathematics and science to students designated as Excelsior Scholars. The statute requires the Commissioner to prescribe by regulation the maximum number of students that may be nominated by each school, which shall include equal numbers of male and female students. The statute also provides that the Commissioner's regulations shall provide for coordination of the program with the centers for excellence in technology and the programs offered by such centers, to the extent practicable.
Education Law section 3641-b, as added by Chapter 57 of the Laws of 2007, provides that the Commissioner shall establish a program of competitively awarded grants to public and independent colleges and universities offering teacher education programs, in partnership with school districts, to conduct summer institutes for teachers of science and mathematics in grades five through eight in middle, junior high, intermediate or junior/senior high schools with priority given as practicable to teachers in schools identified as schools in need of improvement or in corrective action or restructuring status, schools under registration review or schools requiring academic progress. The institutes shall be designed to advance the content knowledge and pedagogy of participating science and mathematics teachers and shall, to the extent practicable, be aligned and integrated with programs offered to Excelsior Scholars pursuant to Education Law section 3641-a.
LEGISLATIVE OBJECTIVES:
The proposed rule is consistent with the above statutory authority of the Commissioner to establish criteria for the award of grants for the Excelsior Scholars program for high performing students in mathematics and science who have completed seventh grade and grants for summer institutes for teachers of mathematics and science in middle grades five through eight.
NEEDS AND BENEFITS:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007. The proposed rule establishes criteria for the award of grants for the Excelsior Scholars summer programs for high performing students in mathematics and science who have completed seventh grade, and grants for 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. Superintendents will be responsible for nominating students to participate in summer programs. Students who successfully complete such summer programs will be certified by the Governor of the State of New York as Excelsior Scholars. Principals will be responsible for nominating teachers of mathematics and science in middle grades five through eight to participate in summer institutes.
COSTS:
(a) Costs to State government: None.
(b) Costs to local government: None.
(c) Costs to private regulated parties: None.
(d) Costs to regulating agency for implementation and continued administration of this rule: None.
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, and does not impose any additional costs beyond those inherent in the statute. Participation in the Excelsior Scholars program and the grant program for summer institutes for teachers of mathematics and science is voluntary.
LOCAL GOVERNMENT MANDATES:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, and does not impose any additional program, service, duty or responsibility on school districts or local governments. Participation in the Excelsior Scholars program and the grant program for summer institutes for teachers of mathematics and science is voluntary.
PAPERWORK:
The proposed rule provides the opportunity for superintendents to nominate students, and principals to nominate teachers, to participate in summer programs and institutes for mathematics and science, which necessitate the submission of written applications and supporting recommendations.
The superintendent of schools may nominate up to ten percent of a school's eligible grade seven students to participate in the Excelsior Scholars program. The superintendent shall nominate equal numbers of male and female students, as practicable.
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 an Excelsior Scholars program. 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.
Teachers shall be selected for participation in summer institutes for teachers of mathematics and science for middle grades five through eight by principals who shall give priority to teachers who meet the following criteria:
(1) first and second year teachers of grades five through eight;
(2) teachers who are changing assignments and would benefit from professional development to improve student learning; and
(3) teachers who have been identified as needing additional professional development in building content knowledge in mathematics and science and understanding of pedagogy.
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.
Participating colleges and universities awarded grant funding may require additional paperwork from districts depending on the recruitment, design, and implementation of the programs and institutes.
DUPLICATION:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, and does not duplicate existing State or federal regulations.
ALTERNATIVES:
There are no significant alternatives and none were considered.
FEDERAL STANDARDS:
There are no related federal standards.
COMPLIANCE SCHEDULE:
School districts, colleges, and universities will be given the opportunity to comply with a schedule based upon adoption of the regulations in October 2007 and issuance of the related request for proposal (RFP). It is anticipated the RFP will be issued in the fall of 2007, contracts will be awarded in late 2007 or early 2008, recruitment of participants will occur in early 2008, and programs will run in the summer of 2008.
Regulatory Flexibility Analysis
Small businesses:
The proposed rule establishes requirements for the Excelsior Scholars program for high performing students in mathematics and science who have completed seventh grade pursuant to Education Law section 3641-a, and requirements for the grant program for Summer Institutes for Mathematics and Science Teachers in grades five through eight in middle, junior high, intermediate or junior/senior high schools pursuant to Education Law section 3641-b. The proposed rule does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed rule that it does not affect small business, no further measures 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.
Local government:
EFFECT OF RULE:
The proposed rule applies to all public school districts within the state who choose to partner with public and independent colleges and universities for purposes of conducting an Excelsior Scholars program pursuant to Education Law section 3641-a and/or conducting a Summer Institute for Mathematics and Science Teachers pursuant to Education Law section 3641-b.
COMPLIANCE REQUIREMENTS:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, by establishing criteria for the Excelsior Scholars summer programs for high performing students in mathematics and science who have completed seventh grade, and for the grant program for Summer Institutes for Mathematics and Science Teachers. The proposed rule does not impose any additional reporting, record keeping or other compliance requirements on school districts. Participation in the Excelsior Scholars program and the grant program for Summer Institutes for Mathematics and Science Teachers is voluntary.
The proposed rule provides the opportunity for superintendents to nominate students, and principals to nominate teachers, to participate in summer programs and institutes for mathematics and science, which necessitate the submission of written applications and supporting recommendations.
The superintendent of schools may nominate up to ten percent of a school's eligible grade seven students to participate in the Excelsior Scholars program. The superintendent shall nominate equal numbers of male and female students, as practicable.
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 an Excelsior Scholars program. 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.
Teachers shall be selected for participation in Summer Institutes for Mathematics and Science Teachers by principals who shall give priority to teachers who meet the following criteria:
(1) first and second year teachers of grades five through eight;
(2) teachers who are changing assignments and would benefit from professional development to improve student learning; and
(3) teachers who have been identified as needing additional professional development in building content knowledge in mathematics and science and understanding of pedagogy.
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 Mathematics and Science Teachers 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.
Participating colleges and universities awarded grant funding may require additional paperwork from districts depending on the recruitment, design, and implementation of the programs and institutes.
PROFESSIONAL SERVICES:
The proposed rule imposes no additional professional services requirements on school districts.
COMPLIANCE COSTS:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, and does not impose any additional costs on school districts beyond those inherent in the statute. Participation in the Excelsior Scholars program and the grant program for Summer Institutes for Mathematics and Science Teachers is voluntary.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule imposes no additional costs or new technological requirements on school districts.
MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, by establishing requirements for the Excelsior Scholars summer programs for high performing students in mathematics and science who have completed seventh grade, and requirements for Summer Institutes for Mathematics and Science Teachers for middle grades five through eight. The proposed rule does not impose any additional reporting, record keeping or other compliance requirements or costs on school districts. Participation in the Excelsior Scholars program and the grant program for Summer Institutes for Mathematics and Science Teachers is voluntary.
LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State.
Rural Area Flexibility Analysis
TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to all public school districts and public and independent colleges and universities within the State who choose to participate in an Excelsior Scholars program pursuant to Education Law section 3641-a and/or a Summer Institute for Mathematics and Science Teachers pursuant to Education Law section 3641-b, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, by establishing criteria for the Excelsior Scholar summer program for high performing students in mathematics and science who have completed seventh grade, and for the grant program for Summer Institutes for Mathematics and Science Teachers in grades five through eight in middle, junior high, intermediate or junior/senior high schools. The proposed rule does not impose any additional reporting, record keeping or other compliance requirements on school districts in rural areas. Participation in the Excelsior Scholars program and the grant program for Summer Institutes for Mathematics and Science Teachers is voluntary. The proposed rule imposes no new professional services requirements on school districts in rural areas.
The proposed rule provides the opportunity for superintendents to nominate students, and principals to nominate teachers, to participate in summer programs and institutes for mathematics and science, which necessitate the submission of written applications and supporting recommendations.
The superintendent of schools may nominate up to ten percent of a school's eligible grade seven students to participate in the Excelsior Scholar program. The superintendent shall nominate equal numbers of male and female students, as practicable.
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 an Excelsior Scholars program. 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.
Teachers shall be selected for participation in Summer Institutes for Mathematics and Science Teachers by principals who shall give priority to teachers who meet the following criteria:
(1) first and second year teachers of grades five through eight;
(2) teachers who are changing assignments and would benefit from professional development to improve student learning; and
(3) teachers who have been identified as needing additional professional development in building content knowledge in mathematics and science and understanding of pedagogy.
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 Mathematics and Science Teachers 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.
Participating colleges and universities awarded grant funding may require additional paperwork from districts depending on the recruitment, design, and implementation of the programs and institutes.
COMPLIANCE COSTS:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, and does not impose any additional costs on school districts beyond those inherent in the statute. Participation in the Excelsior Scholars program and the grant program for Summer Institutes for Mathematics and Science Teachers is voluntary.
MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement Education Law sections 3641-a(1), (2) and (3) and 3641-b, as added by section 39 of Part B of Chapter 57 of the Laws of 2007, by establishing requirements for the Excelsior Scholars summer programs for high performing students in mathematics and science who have completed seventh grade, and requirements for Summer Institutes for Mathematics and Science Teachers. Because the proposed rule implements statutory provisions that are applicable to school districts across the State, it was not possible to provide for a lesser standard or an exemption for school districts in rural areas. The proposed rule does not impose any additional reporting, record keeping or other compliance requirements or costs on school districts. Participation in the Excelsior Scholars program and the grant program for Summer Institutes for Mathematics and Science Teachers is voluntary.
RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
Job Impact Statement
The proposed rule 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 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.
