EDU-09-11-00003-P Clinically Rich Graduate Level Principal Preparation Program

3/2/11 N.Y. St. Reg. EDU-09-11-00003-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 9

March 02, 2011

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-09-11-00003-P

Clinically Rich Graduate Level Principal Preparation Program

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(c)(7) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207, 208, 210, 214, 216, 224, 305(1), (2) and (7), 3004(1) and 3006(1)

Subject:

Clinically rich graduate level principal preparation program.

Purpose:

To amend the clinical experience requirement to provide program providers with the flexibility they need to be innovative.

Text of proposed rule:

1. Subclause (3) of clause (d) of subparagraph (v) of paragraph (7) of subdivision (c) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective June 8, 2011, as follows:

(3) Clinically rich experience component. The clinical experience component of the program shall meet the following requirements:

(i) . . .

(ii) . . .

(iii) . . .

(iv) prior to assigning the candidate to a school, the institution shall enter into a written agreement with the high need school or the school district in which the high need school is located, wherein the high need school shall agree to establish a plan for [at least] up to one continuous school year of mentored clinical experience by the assigned principal-mentor for the candidate and support by a team comprised of program faculty, teachers and administrators at the high need school and the superintendent.

(v) The program shall ensure its candidates receive mentoring support during the entire period they are assigned to the school and enrolled in the program, which shall be [at least] up to one continuous school year.

(vi) . . .

(vii) . . .

(viii) . . .

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

Christine Moore, NYS Education Department, 89 Washington Avenue, Room 148, Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Peg Rivers, NYS Education Department, 89 Washington Avenue, Room 977 EBA, Albany, NY 12234, [phone], email: [e-mail]

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 Regents to carry into effect the laws and policies of the State relating to education.

Section 210 of the Education Law grants to the Regents the authority to register domestic and foreign institutions in terms of New York standards.

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 authorizes the Commissioner 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 State's public schools.

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 the State's public schools.

Subdivision (2) of section 3007 of the Education Law authorizes the Commissioner of Education to endorse a certificate issued by another state.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the objectives of the above-referenced statutes by modifying the requirements in the Regulations of the Commissioner of Education for principal preparation programs, by making a technical amendment to the eligibility requirements for the clinically rich principal preparation pilot programs.

3. NEEDS AND BENEFITS:

At its May 2010 meeting, the Board of Regents approved an amendment to the Commissioner's regulations to establish a graduate level clinically rich principal preparation pilot program.

The regulatory amendments adopted in May 2010 required that the pilot programs include at least one continuous school year of mentored clinical experience.

In order to provide program providers with the flexibility they need to be as innovative as possible, the Department believes that the one school year requirement for clinical experience is too restrictive. Therefore, the proposed amendment changes the required clinical experience component of the pilot program to require up to one continuous school year of mentored experience.

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 proposed amendment will not impose any additional costs on local governments.

(c) Cost to private regulated parties. The proposed amendment does not impose any costs on private regulated parties.

(d) Costs to the regulatory agency: As stated above in Costs to State Government, the amendment does not impose any additional costs on the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment provides some flexibility to local governments by allowing local governments to provide less than one school year of mentored clinical experience to candidates enrolled in a graduate level clinically rich principal preparation program, as opposed to the prior requirement, which required them to provide at least one continuous school year of clinical experience.

6. PAPERWORK:

The proposed amendment does not impose any paperwork requirements.

7. DUPLICATION:

The amendment does not duplicate other existing State or Federal requirements.

8. ALTERNATIVES:

There were no significant alternative proposals considered.

9. FEDERAL STANDARDS:

There are no Federal standards that address program registration requirements for principal preparation programs, qualifying individuals to be employed as a school building leader in the New York State public schools, the subject matter of this amendment.

10. COMPLIANCE SCHEDULE:

If adopted as an emergency measure at the March Regents meeting, the proposed amendment will become effective as an emergency rule on March 11, 2010. It is anticipated that the proposed amendment will become effective as a permanent rule on June 8, 2011.

Regulatory Flexibility Analysis

a) Small Businesses:

1. Effect of rule:

The purpose of the proposed amendment is to change the program registration standards for the clinically rich graduate level pilot program. Some of the institutions that are selected by the Board of Regents to participate in this pilot program may be small businesses.

2. Compliance requirements:

At its May 2010 meeting, the Board of Regents established certain eligibility requirements to participate in the clinically rich principal preparation pilot program, including certain curriculum requirements, a clinical component, mentoring and training requirements. As part of the eligibility requirements adopted in May 2010, program providers were required to complete at least one continuous school year of experience.

In order to provide program providers with the flexibility they need to provide innovative approaches to this new pilot program, the proposed amendment amends the clinical experience requirement to allow providers to provide up to one continuous school year of clinical experience.

3. Professional services:

The proposed amendment does not require small businesses to contract for additional professional services to comply.

4. Compliance costs:

The proposed amendment does not impose any additional costs on small businesses.

5. Economic and technological feasibility:

See above response to compliance costs. The proposed amendment would not require schools or school districts to secure special technology to comply.

6. Minimizing adverse impact:

As stated above, the proposed amendment is permissive in nature. As part of the eligibility requirements adopted at the May 2010 Regents meeting, program providers were required to complete at least one continuous school year of experience.

In order to provide program providers with the flexibility they need to provide innovative approaches to this new pilot program, the proposed amendment amends the clinical experience requirement to allow providers to provide up to one continuous school year of clinical experience.

7. Small business participation:

The conceptual framework of the graduate level clinically rich principal pilot program was shared with the State Professional Standards and Practices Board for Teaching and comments were solicited from this board. 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 from school districts across the State.

b) Local Governments:

1. Effect of rule:

The purpose of the proposed amendment is to establish program registration standards for a clinically rich graduate level pilot program and to authorize institutions, other than institutions of higher education, that are selected by the Board of Regents, to offer teacher preparation programs under this pilot program. High need schools and school districts may opt to participate and collaborate with institutions that are selected by the Board of Regents to participate in this program.

2. Compliance requirements:

At its May 2010 meeting, the Board of Regents established certain eligibility requirements to participate in the clinically rich principal preparation pilot program, including certain curriculum requirements, a clinical component, mentoring and training requirements. As part of the eligibility requirements adopted in May 2010, program providers were required to complete at least one continuous school year of experience.

In order to provide program providers with the flexibility they need to provide innovative approaches to this new pilot program, the proposed amendment amends the clinical experience requirement to allow providers to provide up to one continuous school year of clinical experience.

3. Professional services:

The proposed amendment does not require schools or school districts to contract for additional professional services to comply.

4. Compliance costs:

The proposed amendment does not impose any compliance costs on local governments.

5. Economic and technological feasibility:

See above response to compliance costs. The proposed amendment would not require schools or school districts to secure special technology to comply.

6. Minimizing adverse impact:

As part of the eligibility requirements adopted in May 2010, program providers were required to complete at least one continuous school year of experience.

In order to provide program providers with the flexibility they need to provide innovative approaches to this new pilot program, the proposed amendment amends the clinical experience requirement to allow providers to provide up to one continuous school year of clinical experience.

7. Local government participation:

The conceptual framework of the graduate level clinically rich principal pilot program was shared with the State Professional Standards and Practices Board for Teaching and comments were solicited from this board. 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 from school districts across the State.

Rural Area Flexibility Analysis

1. Types and estimate of number of rural areas:

The proposed amendment will impact institutions of higher education that are selected by the Board of Regents to participate in this program. Such institutions may include cultural institutions, libraries, research centers, and other organizations with an educational mission. These institutions may be located in the 44 rural counties with fewer than 200,000 habitants 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:

In May 2010, the Board of Regents adopted a regulation which established a clinically rich principal preparation pilot program. The proposed amendment required, among other things, that the pilot programs include at least one continuous school year of mentored clinical experience.

In February 2011, the Board endorsed a technical modification to the one school year requirement to provide program providers with the flexibility they need to be as innovative as possible. To add this flexibility, the proposed amendment changes the required clinical experience component of the pilot programs to require up to one continuous school year of mentored experience.

3. Costs:

The proposed amendment will not impose any additional costs on individuals or entities located in the rural areas of the State.

4. Minimizing adverse impact:

Implementation of the proposed rule will not have a negative impact on entities or individuals located in rural communities. The proposed amendment is permissive in nature. Only program providers that wish to offer a clinically rich principal preparation pilot program are required to meet the requirements for such programs.

Moreover, the proposed amendment minimizes any adverse impact on entities located in rural areas by changing the required clinical experience component of the pilot programs to require up to one continuous school year of mentored experience.

5. Rural area participation:

Comments on the proposed rule were solicited from the Rural Advisory Committee. This Committee has representatives in the rural areas of the State.

Job Impact Statement

In May 2010, the Board of Regents adopted a regulation which established a clinically rich principal preparation pilot program. The proposed amendment required, among other things, that the pilot programs include at least one continuous school year of mentored clinical experience. In February 2011, the Board endorsed a technical modification to the one school year requirement to provide program providers with the flexibility they need to be as innovative as possible. To add this flexibility, the proposed amendment changes the required clinical experience component of the pilot programs to require up to one continuous school year of mentored experience.

Because it is evident from the nature of the rule that it will not have a substantial adverse 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.