Specific reasons underlying the finding of necessity:
At the November and December 2009 Board of Regents meetings, the Board approved a number of initiatives for the purpose of transforming teaching and learning and school leadership in New York State. The Board of Regents discussion included the development of new examinations, including revision of the current Content Specialty Tests (CSTs).
The CST’s are currently being revised. The first group of revised CST’s became operational in September 2014. However, the results/scores on the revised CST’s will not be released to teacher candidates until the standard setting process is complete.
Since the CST results have not being released to candidates, there are certificate holders that may lose their certification as of January 31, 2015 if their certificates are not extended by the Department. This will result in some teachers being terminated from employment as they will no longer hold a valid certificate.
In an effort to resolve this issue, the proposed amendment provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the exam results to be released by the Department without penalizing teacher.
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 April 2015 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed rule, if adopted at the April meeting, would be April 29, 2015, the date a Notice of Adoption would be published in the State Register. However, the Department’s records reveal that some certificate holders may lose their certification if their certificates are not extended, through no fault of their own because they have not received their result/score on the content specialty examinations.
Therefore, emergency action is necessary at the February 2015 Regents meeting for the preservation of the general welfare in order to ensure that teachers who have met all other requirements for their next teaching certificate, except they have not received a score on their revised content specialty examination, receive a time extension on their expired certificate to ensure that they do not lose their certification.
It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the April 2015 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act for State agency rulemakings.
Subject:
Teacher certification.
Purpose:
To provide for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the revised Content Specialty Test (CST) results to be released by the Department without penalizing the certificate holder.
Text of emergency/proposed rule:
Subdivision (c) of section 80-1.6 of the Regulations of the Commissioner of Education is amended, effective February 10, 2015, to read as follows:
(c) [The] Except as otherwise provided in this subdivision, the commissioner may extend the time validity of an expired provisional, excluding an expired provisional certificate in the classroom teaching service or an expired provisional certificate in the title of school administrator and supervisor, initial or transitional certificate beyond the two-year extension provided for in subdivision (a) of this section, for a period not to exceed one additional year, if in the six-months preceding the end of the two-year extension, the candidate is faced with extreme hardship or other circumstances beyond the control of the individual and is unable to complete the requirements for the professional certificate in a timely manner. The commissioner may further extend the time validity of an expired initial or transitional certificate for an additional period of not to exceed one additional year; and may extend the validity of a conditional initial certificate for a period of up to one year if a candidate took one of the revised content specialty examinations administered on or after September 2014, and is required for his/her certificate title and he/she did not receive his/her score on such examination from the department on such examination within a timeframe prescribed by the commissioner and he/she has met all the other certification requirements for the next certificate (i.e., the initial or professional certificate, as applicable).
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 May 10, 2015.
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
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.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
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.
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.
2. LEGISLATIVE OBJECTIVES:
Consistent with the above statutory authority, the proposed amendment provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the Content Specialty Tests (CSTs) results to be released by the Department without penalizing the certificate holders.
3. NEEDS AND BENEFITS:
At the November and December 2009 Board of Regents meetings, the Board approved a number of initiatives for the purpose of transforming teaching and learning and school leadership in New York State. The Board of Regents discussion included the development of new examinations, including revision of the current Content Specialty Tests (CSTs).
The CSTs are currently being revised. The first group of revised CSTs became operational in September 2014. However, the results/scores on the revised CSTs will not be released to teacher candidates until the standard setting process is complete.
Since the CSTs results have not being released to candidates, there are certificate holders that may lose their certification as of January 31, 2015 if their certificates are not extended by the Department. This could result in some teachers being terminated from employment as they will no longer hold a valid certificate.
The proposed amendment is necessary to ensure that teachers who have taken one of the revised CST administered on or after September 2014 that is required for their certificate title but have not received a score from the Department on their revised CST, receive a time extension of up to one year on their expired certificate to ensure that they do not lose their certification and/or employment.
4. COSTS:
(a) Cost to State government: none.
(b) Cost to local government: none.
(c) Cost to private regulated parties: none.
(d) Costs to the State Education Department, as regulatory agency: none.
The proposed amendment does not impose any costs, but merely provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the CSTs results to be released by the Department without penalizing the certificate holders.
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, but merely provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the CSTs results to be released by the Department without penalizing the certificate holders.
6. PAPERWORK:
The proposed amendment will not increase reporting or recordkeeping requirements, but merely provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the CSTs results to be released by the Department without penalizing the certificate holders.
7. DUPLICATION:
The amendment does not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
There are no significant alternatives and none were considered.
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. The proposed amendment does not impose any costs or compliance requirements, but merely provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the CSTs results to be released by the Department without penalizing the certificate holders.
Regulatory Flexibility Analysis
The proposed amendment relates to teacher certification, and provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate in order to provide time for the revised Content Specialty Tests (CSTs) results to be released by the Department without penalizing the certificate holder.
The CST’s are currently being revised. The first group of revised CST’s became operational in September 2014. However, the results/scores on the revised CST’s will not be released to teacher candidates until the standard setting process is complete.
Since the CST results have not being released to candidates, there are certificate holders that could lose their certification as of January 31, 2015 if their certificates are not extended by the Department. This will result in some teachers being terminated from employment as they will no longer hold a valid certificate.
In an effort to resolve this issue, the proposed amendment provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the exam results to be released by the Department without penalizing the certificate holder.
The proposed amendment 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 amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and one 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 relates to teacher certification and applies to holders of an initial certificate, transitional certificate and/or a conditional initial certificate, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.
2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any compliance requirements, but merely provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the Content Specialty Tests (CSTs) results to be released by the Department without penalizing the certificate holders.
The CST’s are currently being revised. The first group of revised CST’s became operational in September 2014. However, the results/scores on the revised CST’s will not be released to teacher candidates until the standard setting process is complete.
Since the CST results have not being released to candidates, there are certificate holders that could lose their certification as of January 31, 2015 if their certificates are not extended by the Department. This will result in some teachers being terminated from employment as they will no longer hold a valid certificate.
The proposed amendment is necessary to ensure that teachers who have taken one of the revised CST administered on or after September 2014 that is required for their certificate title but have not received a score from the Department on their revised CST, receive a time extension of up to one year on their expired certificate to ensure that they do not lose their certification and/or employment.
The proposed amendment does not require any professional services to comply.
3. COSTS:
The proposed amendment does not impose any costs on entities in rural areas, but merely provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the CSTs results to be released by the Department without penalizing the certificate holders.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on entities in rural areas, but merely provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the CSTs results to be released by the Department without penalizing the certificate holders. The proposed amendment is necessary to ensure that teachers who have taken one of the revised CST administered on or after September 2014 that is required for their certificate title but have not received a score from the Department on their revised CST, receive a time extension of up to one year on their expired certificate to ensure that they do not lose their certification and/or employment. The State Education Department does not believe any changes for certificate holders who live or work in rural areas is warranted because uniform standards for certification are necessary across the State.
5. RURAL AREA PARTICIPATION:
The State Education Department has sent the proposed amendment to the Rural Advisory Committee, which has members who live or work in rural areas across the State.
Job Impact Statement
The proposed amendment relates to teacher certification, and provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate in order to provide time for the revised Content Specialty Tests (CSTs) results to be released by the Department without penalizing the certificate holder.
The CST’s are currently being revised. The first group of revised CST’s became operational in September 2014. However, the results/scores on the revised CST’s will not be released to teacher candidates until the standard setting process is complete.
Since the CST results have not being released to candidates, there are certificate holders that could lose their certification as of January 31, 2015 if their certificates are not extended by the Department. This will result in some teachers being terminated from employment as they will no longer hold a valid certificate.
In an effort to resolve this issue, the proposed amendment provides for a time extension of up to one-year for an expired initial certificate, transitional certificate and/or a conditional initial certificate to provide time for the exam results to be released by the Department without penalizing the certificate holder.
Because it is evident from the nature of the proposed amendment 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.
