(ii) amend § 154-2.3(f)(3) to allow parents an additional five days to return to the school district the signed notification form regarding student placement; and
(iii) amend § 154-2.3(k) to permit school districts to apply for an exemption from the professional development requirements addressing the needs of English Language Learners under certain circumstances.
Text or summary was published
in the October 8, 2014 issue of the Register, I.D. No. EDU-40-14-00006-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on October 8, 2014, the State Education Department (“the Department”) received the following comments:
1. COMMENT:
Supports the proposed amendment to sections 154-2.3 (f)(3) and 154-2.3(k) to afford parents ten school days, rather than five school days as originally proposed, to sign and return to the school district the notification form indicating that the parent is either in agreement with the child being placed in a bilingual education program or directs the district to place the child in an English as a new language/English as a second language program.
DEPARTMENT RESPONSE:
No response is necessary as the comment is supportive.
2. COMMENT:
Supports the proposed amendment to section 154-2.3(k) to allow, under certain circumstances specified in the regulation, school districts to request a waiver to the requirement that a minimum of 15% of the required professional development clock hours for all teachers and a minimum of 50% of the required professional development clock hours for all bilingual and English as a second language teachers be dedicated to the education of ELLs/bilingual learners.
DEPARTMENT RESPONSE:
No response is necessary as the comment is supportive.
3. COMMENT:
Recommends that the professional development requirements established for teachers be extended to clinical/support personnel (e.g., school psychologists, guidance counselors, social workers) who must be prepared to assist in the identification and assessment of, or provide instructional support to, ELLs/bilingual learners with disabilities.
DEPARTMENT RESPONSE:
The comment is beyond the scope of the proposed rule making, which is only intended to amend section 154-2.3(k) of the Commissioner’s Regulations to allow school districts to request a waiver to the professional development requirements, under certain specified circumstances. The professional development requirements for teachers and administrators in section 154-2.3(k) were adopted at the September 2014 Regents meeting as part of a separate rule making that enacted a new Subpart 154-2 (State Register, October 1, 2014; EDU-27-14-00011-A). However, the Department will consider the comment’s recommendation to extend the professional development requirements to clinical/support personnel for a possible future rulemaking.
