Extend for 4 years provision allowing use of up to two superintendents' conference days for teacher rating of State assessments.
Text of proposed rule:
Subdivision (f) of section 175.5 of the Regulations of the Commissioner of Education is amended, effective July 16, 2009, as follows:
(f) Use of superintendents' conference days.
(1) . . .
(2) . . .
(3) . . .
(4) Notwithstanding the provisions of paragraph (1) of this subdivision, during the period commencing on September 29, 2005 and ending on June 30, [ 2009 ] 2013, a school district may elect to use up to two of its superintendents' conference days in each school year for teacher rating of State assessments, including but not limited to assessments required under the federal No Child Left Behind Act of 2001 (Public Law section 107-110), which rating activities shall constitute staff development relating to implementation of the new high learning standards and assessments as authorized by section 3604(8) of the Education Law.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 486-1713, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Johanna Duncan-Poitier, Senior Deputy Comm of Educ. P-16, State Education Department, State Education Building Annex, Room 875, 89 Washington Avenue, Albany, NY 12234, (518) 474-5915, email: p16education@mail.nysed.gov
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
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head, and authorizes the Regents to appoint the Commissioner of Education as the chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 authorizes the Board of Regents and the Commissioner to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the Department by law.
Education Law section 3604(8) requires the Commissioner to specify in regulations the acceptable use of superintendents' conference days by school districts and boards of cooperative educational services to satisfy a deficiency in the length of public school sessions for the instruction of pupils.
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority of the Commissioner to specify the acceptable use of superintendents' conference days.
NEEDS AND BENEFITS:
Section 175.5(f) of the Regulations of the Commissioner specifies the appropriate use of staff development activities by school districts to advance implementation of the State learning standards and assessments and to satisfy deficiencies in the length of public school sessions for the instruction of pupils. The proposed amendment would extend for four years, to June 30, 2013, the provision in section 175.5(f) of the Commissioner's Regulations that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including including grades 3-8 assessments required under the federal No Child Left Behind Act of 2001. Such training enables new teachers to better understand the State learning standards and assessments, and for experienced teachers to update their knowledge regarding the standards and assessments, and therefore constitutes permissible staff development activities relating to implementation of the new high learning standards and assessments, as authorized by Education Law section 3604(8).
The proposed amendment will continue to provide school districts with additional flexibility and discretion to use this staff development function to fulfill their State test scoring requirements while minimizing impact on student instructional time. As required by Chapter 57 of the Laws of 2007, the Regents have adopted a schedule for the review of the ELA standards. The projected timeline for the adoption of the revised ELA standards is scheduled for 2009-10. In light this, it is imperative that teachers receive the necessary training that will enable them to better understand the revised standards, which are the basis for the assessments they will be responsible for rating. In addition to the new set of revised ELA standards, the Board of Regents is considering changes to the current testing policy. This will also require teacher training, particularly on the rubrics that will be used in rating the required State assessments. The staff development activities on standards and assessments, provided during the two proposed Superintendents' conference days will be consistent with the provisions authorized by Section 3604(8) of the Education Law.
COSTS:
(a) Costs to the State: 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.
LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility on school districts or other local governments.
PAPERWORK:
The proposed amendment imposes no new or additional paperwork requirements.
DUPLICATION:
The proposed amendment does not duplicate existing State or federal requirements.
ALTERNATIVES:
There were no significant alternatives and none were considered.
FEDERAL STANDARDS:
There are no related federal standards
COMPLIANCE SCHEDULE:
The proposed amendment continues to provide flexibility to school districts regarding the use of superintendents' conference days for teacher rating of State assessments required under State and federal law. The proposed amendment extends for four years the regulation that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including assessments required under the federal No Child Left Behind Act of 2001. Since the proposed amendment does not impose any requirements on school districts, there are no compliance issues or schedules.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment relates to school districts' use of superintendents' conference days and does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. The proposed amendment extends for four years the provision in section 175.5(f) of the Commissioner's Regulations that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including assessments required under the federal No Child Left Behind Act of 2001. Because it is evident from the nature of the proposed rule that it does not affect small businesses, 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 Governments:
EFFECT OF RULE:
The proposed amendment applies to all public school districts and boards of cooperative educational services (BOCES) in the State.
COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional reporting, record keeping or other compliance requirements. The proposed amendment specifies the appropriate use of staff development activities by school districts to advance the implementation of the new high learning standards and assessments and to satisfy deficiencies in the length of public school sessions for the instruction of pupils. The proposed amendment extends for four years the provision in section 175.5(f) of the Commissioner's Regulations that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including assessments required under the federal No Child Left Behind Act of 2001.
PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements on local governments.
COMPLIANCE COSTS:
The proposed amendment does not impose any additional costs on local governments.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements or costs on local governments.
MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any new requirements or costs, and will not have an adverse impact on local governments. The proposed amendment provides flexibility to school districts regarding the use of superintendents' conference days for teacher rating of State assessments required under State and federal law. The proposed amendment extends for four years the regulation that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including assessments required under the federal No Child Left Behind Act of 2001.
LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed amendment 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 amendment applies to all school districts and boards of cooperative educational services (BOCES) in the State, 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 amendment does not impose any additional reporting, record keeping or other compliance requirements. The proposed amendment specifies the appropriate use of staff development activities by school districts to advance the implementation of the new high learning standards and assessments and to satisfy deficiencies in the length of public school sessions for the instruction of pupils. The proposed amendment extends for four years the provision in section 175.5(f) of the Commissioner's Regulation that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including assessments required under the federal No Child Left Behind Act of 2001. The proposed amendment does not impose any additional professional services requirements on regulated parties.
COMPLIANCE COSTS:
The proposed amendment does not impose any additional costs on rural areas.
MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any new requirements or costs, and will not have an adverse impact on rural areas. The proposed amendment provides flexibility to school districts regarding the use of superintendents' conference days for teacher rating of State assessments required under State and federal law. The proposed amendment extends for four years the regulation that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including assessments required under the federal No Child Left Behind Act of 2001.
RURAL AREA PARTICIPATION:
Comments on the proposed amendment to extend the regulation for four years were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
Job Impact Statement
The proposed amendment relates to the use of superintendents' conference days by school districts and boards of cooperative educational services and will not have an adverse impact on jobs or employment activities. The proposed amendment extends for four years the provision in section 175.5(f) of the Commissioner's Regulations that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including assessments required under the federal No Child Left Behind Act of 2001. Because it is evident from the nature of the proposed amendment 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.
