EDU-48-07-00007-P Accreditation of Teacher Education Programs

11/28/07 N.Y. St. Reg. EDU-48-07-00007-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 48

November 28, 2007

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-48-07-00007-P

Accreditation of Teacher Education Programs

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

Proposed action:

Amendment of section 52.21(b)(2)(iv)(c)(3)(i) and (ii) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207 (not subdivided); 210 (not subdivided); 215 (not subdivided); 305(1) and (2); 3001(2); and 3004(1)

Subject:

Accreditation of teacher education programs.

Purpose:

To extend for six months, until June 30, 2008, the required time period for completion of the accreditation process by teacher education programs registered on or before Sept. 1, 2001 that are awaiting an accreditation decision following a site visit conducted on or before Dec. 31, 2006; and accordingly, to extend the period of eligibility in which certain teacher education programs, initially denied accreditation, may request from the department a deferral of the date by which they must be accredited.

Text of proposed rule:

Items (i) and (ii) of subclause (3) of clause (c) of subparagraph (iv) of paragraph (2) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education are amended, effective March 6, 2008, as follows:

(i) Deferral for programs awaiting accreditation decision. Programs registered on or before September 1, 2001 that are awaiting an accreditation decision from their chosen accreditor following an accreditation review which included a site visit conducted on or before December 31, 2006, shall meet the accreditation requirement in subclause (2) of this clause by [December 31, 2006] June 30, 2008.

(ii) Deferral for programs under corrective action plan. Programs registered on or before September 1, 2001 that have been denied accreditation between January 1, 2005 and [December 31, 2006] June 30, 2008, may request from the department a deferral of the date by which they must be accredited in accordance with the requirements of this item.

(A) Such programs denied accreditation between January 1, 2005 and July 12, 2006 must submit a written request to the department for the deferral of the date for accreditation by September 1, 2006. Such programs denied accreditation between July 13, 2006 and [December 31, 2007] June 30, 2008 must submit to the department a written request for such deferral within 15 days of receiving written notice of the determination denying accreditation.

(B) Such programs may be granted by the department a deferral of the date by which they must be accredited, provided that the programs submit a corrective action plan that is acceptable to the department. Such corrective action plan must be submitted to the department within 60 days of the programs' submission of the request for the deferral of the date for accreditation. The corrective action plan must adequately address the deficiencies identified by the accreditor and establish an acceptable date by which the programs will be accredited based upon a plan to remedy such deficiencies. The department shall review the corrective action plan to determine whether to grant the deferral of the date for accreditation.

(C) Where the deferral of the date for accreditation is granted, the department shall determine the date by which the programs must be accredited. Such date shall be stated in the corrective action plan and shall not exceed three years from the date of the department's written notice to the programs of the determination to grant the deferral of the date for accreditation. During the period of the implementation of the corrective action plan, the programs shall demonstrate to the department that the programs are making adequate progress toward meeting the chosen accreditor's standards. Any determination denying re-registration of the programs based upon the initial accreditation review shall be held in abeyance and the programs shall continue to be registered during the period of the review by the department of the programs' request for accreditation deferral and the implementation of an acceptable corrective action plan.

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

Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Johanna Duncan-Poitier, Senior Deputy Commissioner of Education — P16, Education Department, 2M West Wing, Education Bldg., 89 Washington Ave., Albany, NY 12234, [phone], e-mail: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

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 grants to the Board of Regents authority to register domestic and foreign institutions in terms of New York standards.

Section 215 of the Education Law authorizes the Commissioner of Education to visit, examine, and inspect schools or institutions under the education supervision of the State and require reports from such schools.

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 the Board of Regents and authorizes the Commissioner to enforce the laws relating to the education system and to execute education policies determined by the Board of 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 requires as a qualification for teaching in the New York public schools the possession of a teacher's certificate under the authority of the Education Law.

Subdivision (1) of section 3004 of the Education Law authorizes the Commissioner of Education to prescribe, subject to approval by the Board of Regents, regulations governing the examination and certification of teachers employed in all public schools of the state.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative objectives of the above-referenced statutes by amending the accreditation requirements for certain programs leading to certification in teacher education (“teacher education programs”), which have not yet received an accreditation decision, to provide a necessary extension of the time in which these programs must complete the accreditation process. Accordingly, the proposed amendment also extends the period of eligibility for certain teacher education programs, initially denied accreditation, to request from the Department of Education a deferral of the date for accreditation, provided the programs submit a corrective action plan acceptable to the Department.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is to enable certain teacher education programs to complete the accreditation process. Under existing regulations, certain teacher education programs are eligible for a deferral of the date by which they must be accredited. Currently, teacher education programs registered prior to September 1, 2001 that are awaiting an accreditation decision, provided they had a site visit as part of their accreditation review by December 31, 2006, must complete the accreditation process and become accredited by an acceptable professional education accrediting association or the Board of Regents by December 31, 2007 in order to maintain registration status. Teacher education programs denied accreditation during a limited period of time, January 1, 2005 through December 31, 2007, may request a deferral of the date for accreditation, provided the programs submit a corrective action plan acceptable to the Department of Education.

The proposed amendment will extend by six months, until June 30, 2008, the date by which teacher education programs registered prior to September 1, 2001 that are awaiting an accreditation decision following an accreditation review which included a site visit conducted on or before December 31, 2006, must achieve accreditation. In addition, the proposed amendment will extend by six months the period of eligibility in which certain teacher education programs denied accreditation may request a deferral of the date for accreditation. Specifically, the amendment will permit teacher education programs initially denied accreditation between July 13, 2006 and June 30, 2008 to submit to the Department of Education a request for such deferral within 15 days from their receipt of written notice of the determination denying accreditation, provided the programs submit a corrective action plan acceptable to the Department.

Currently, 111 institutions offer teacher education programs that must achieve accreditation by December 31, 2007. Of these, 100 institutions have achieved accreditation and 11 institutions are awaiting an accreditation decision after a site visit. The Department believes that it is necessary to provide these teacher education programs additional time to achieve accreditation, under limited conditions. Over the last five years, site visits have already occurred at all of the institutions that offer teacher education programs for which accreditation is required by December 31, 2006. Due to the challenges programs face in preparing for accreditation and the demands of scheduling so many site visits in this short period of time, accreditation site visits at all registered teacher education programs were completed in December, 2006. The large numbers of institutions requiring accreditation decisions in a short period of time has resulted in delays in the accreditation processes, especially those seeking accreditation through one of the national accrediting organizations. Consequently, it is likely that the accreditation process will not be completed by December 31, 2007 for some programs.

Accordingly, some of these programs initially denied accreditation will require additional time to resolve first-time accreditation deficiencies that resulted in an initial denial of accreditation. The amendment provides these programs more time to resolve these deficiencies under limited conditions. Thus, for programs denied accreditation during a limited period of time, January 1, 2005 through June 30, 2008, and more particularly, July 13, 2006 through June 30, 2008, the amendment permits a deferral of the date by which accreditation must be achieved, provided that the programs submit a corrective action plan acceptable to the State Education Department. The amendment will not change any other accreditation requirement.

The amendment is needed to provide the Department with regulatory flexibility to accommodate sound teacher education programs that demonstrate the ability to earn accreditation within the short term. Without the amendment, programs may be subject to de-registration for not meeting the accreditation requirement by December 31, 2007. The amendment is intended to provide needed flexibility to permit programs to address deficiencies, thereby limiting disruptions to students while helping to ensure improvements in program quality.

4. COSTS:

(a) Costs to State government: The amendment will not impose any additional costs on State government, including the State Education Department. The amendment merely extends the required time period for certain teacher education programs to achieve accreditation. The Department will use existing personnel and resources to process requests for deferral of the accreditation date and to review corrective action plans.

(b) Costs to local government: The proposed amendment will not impose any additional costs upon local government.

(c) Costs to private regulated parties: The proposed amendment merely extends by six months, until June 30, 2008, the date by which accreditation must be achieved by certain teacher education programs awaiting an accreditation decision. The amendment will not impose any additional costs on regulated parties.

(d) Costs to regulating agency for implementing and continued administration of the rule: As stated above in “Costs to State government,” the amendment will not impose any additional costs on State government, including the State Education Department.

5. PAPERWORK:

The proposed amendment merely extends by six months, until June 30, 2008, the date by which accreditation must be achieved by certain teacher education programs awaiting an accreditation decision. Programs initially denied accreditation and seeking deferral of the date for accreditation will continue to have to apply to the State Education Department for such deferral and submit corrective action plans explaining how they will remedy the deficiencies identified by their chosen accreditor. The amendment will not impose any additional paperwork requirements, beyond those already required pursuant to existing regulations.

6. LOCAL GOVERNMENT MANDATES:

The amendment concerns the accreditation requirements for certain teacher education programs. The proposed amendment does not impose any program, service, duty or responsibility upon local governments.

7. DUPLICATION:

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

8. ALTERNATIVES:

There are no viable significant alternatives to the proposed amendment, and none were considered. Without the amendment, programs that have not received accreditation because of a back log in the accreditation process, may be subject to de-registration for not meeting the accreditation requirement by December 31, 2007.

9. FEDERAL STANDARDS:

There are no applicable standards of the Federal government establishing accreditation requirements for teacher education programs.

10. COMPLIANCE SCHEDULE:

The amendment would be effective on its stated effective date. The amendment provides mandate relief by deferring the date by which eligible teacher education programs must be accredited. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.

Regulatory Flexibility Analysis

The proposed amendment extends until June 30, 2008, the date by which teacher education programs registered prior to September 1, 2001 that are awaiting an accreditation decision following an accreditation review which included a site visit conducted on or before December 31, 2006, must achieve accreditation. In addition, the proposed amendment extends by six months the period of eligibility in which certain teacher education programs denied accreditation may request a deferral of the date for accreditation. Specifically, the amendment will permit programs initially denied accreditation between July 13, 2006 and June 30, 2008 to submit to the Department of Education a request for such deferral, provided the programs submit a corrective action plan acceptable to the Department.

The amendment does not change any other accreditation requirement. It does not impose any adverse economic impact, reporting, recordkeeping, or other compliance requirements on small businesses or local governments. The amendment provides mandate relief to colleges and universities that offer teacher education programs by authorizing the deferral of the date by which their teacher education programs must achieve accreditation in order to maintain their registration status. Because it is evident from the nature of the amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to all higher education institutions that offer programs leading to certification in teacher education (“teacher education programs”) registered prior to September 1, 2001 that are awaiting an accreditation decision, provided they had a site visit as part of their accreditation review by December 31, 2006, including those located in the State's 44 rural counties and 71 towns in urban counties with a population density of 150 per square mile or less. The Department estimates that eight to 11 institutions will not complete the accreditation process by the current deadline date of December 31, 2007 and will require additional deferral of the date for accreditation, including one that is located in a rural area of New York State.

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

The purpose of the proposed amendment is to enable certain teacher education programs to complete the accreditation process. Under existing regulations, certain teacher education programs are eligible for a deferral of the date by which they must be accredited. Currently, teacher education programs registered prior to September 1, 2001 that are awaiting an accreditation decision, provided they had a site visit as part of their accreditation review by December 31, 2006, must complete the accreditation process and become accredited by an acceptable professional education accrediting association or the Board of Regents by December 31, 2007 in order to maintain their registration status. Teacher education programs denied accreditation during a limited period of time, January 1, 2005 through December 31, 2007, may request deferral of the date for accreditation, provided the programs submit a corrective action plan acceptable to the Department of Education.

The proposed amendment will extend by six months, until June 30, 2008, the date by which teacher education programs registered prior to September 1, 2001 that are awaiting an accreditation decision following an accreditation review which included a site visit conducted on or before December 31, 2006, must achieve accreditation. Accordingly, the proposed amendment will extend by six months the period of eligibility in which certain teacher education programs denied accreditation may request a deferral of the date for accreditation. Specifically, the amendment will permit teacher education programs initially denied accreditation between July 13, 2006 and June 30, 2008 to submit to the Department of Education a request for such deferral within 15 days from their receipt of written notice of the determination denying accreditation, provided the programs submit a corrective action plan acceptable to the Department.

The amendment will not change any other accreditation requirement, i.e.; programs denied accreditation must continue to submit their correction action plans to the Department within 60 days of the programs' submission of the deferral request. The proposed amendment will not require regulated parties, including those located in rural areas, to hire professional services in order to comply, and will not impose any additional recordkeeping requirements, beyond those already required pursuant to existing regulations.

3. COSTS:

The proposed amendment merely extends the required period of time for certain teacher education programs, which have not yet received an accreditation decision, to achieve accreditation. The amendment does not change any other accreditation requirement. Accordingly, the amendment does not impose any additional costs upon the teacher education programs.

4. MINIMIZING ADVERSE IMPACT:

The amendment provides mandate relief by providing a one-time process to defer the date by which a teacher education program must achieve accreditation. Because of the nature of the proposed amendment, the State Education Department does not believe it to be warranted to establish different requirements for institutions located in rural areas.

5. RURAL AREA PARTICIPATION:

During the development of the proposed amendment, the content of the proposed amendment was discussed with the State Professional Standards and Practices Board for Teaching. This is an advisory group to the Board of Regents and the Commissioner of Education on matters pertaining to teacher education, certification, and practice. The Board has representatives who live and/or work in rural areas, including secondary and postsecondary faculty and administrators. The same discussion occurred with the Board of Regents, which includes representatives from all New York State regions, including rural areas of New York State. In addition, the proposed amendment has been sent to all colleges and universities in New York State that offer teacher education programs leading to certification in the classroom teaching service, including those located in rural areas of New York State.

Job Impact Statement

The purpose of the proposed amendment is to extend by six months, until June 30, 2008, the date by which teacher education programs registered prior to September 1, 2001 that are awaiting an accreditation decision following an accreditation review which included a site visit conducted on or before December 31, 2006, must achieve accreditation. In addition, the proposed amendment extends by six months the period of eligibility in which certain teacher education programs denied accreditation may request a deferral of the date for accreditation. Specifically, the amendment will permit teacher education programs initially denied accreditation between July 13, 2006 and June 30, 2008 to submit to the Department of Education a request for such deferral within 15 days from their receipt of written notice of the determination denying accreditation, provided the programs submit a corrective action plan acceptable to the Department.

The amendment provides mandate relief to colleges and universities that offer teacher education programs by authorizing the deferral of the date by which their teacher education programs must achieve accreditation in order to continue to be registered by the Department. The amendment will not change any other accreditation requirement. The amendment will not affect jobs or employment opportunities in these teacher education programs or in any field. Because it is evident from the nature of the proposed amendment that it will have no impact on jobs and employment opportunities, no affirmative 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.