Specific reasons underlying the finding of necessity:
Despite the high pass rates on the new and redeveloped certification examinations by candidates who have completed preparation programs and have been recommended for certification, the field has expressed concern about the pass rates for candidates who have not completed a preparation program and have not yet been recommended for certification. At its April meeting, the Board of Regents requested that the Department propose safety net options for the ALST, EAS and the CSTs. In response to the Board’s request, the Department proposed at the April 2015 meeting, multiple options for safety nets applicable to each of the following certification examinations: ALST, EAS and the CSTs and an extension of the current edTPA safety net to exist conterminously with any other safety nets covering the remainder of the teacher certification examinations. At its April meeting, the Board instructed the Department to present an emergency amendment to the Commissioner’s regulations at its May 2015 meeting in order to ensure that candidates have notice of the new safety net options for these exams.
Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), is the October 2015 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the October Regents meeting is November 11, 2015, the date a Notice of Adoption would be published in the State Register. However, emergency action to adopt the proposed rule is necessary now for the preservation of the general welfare in order to ensure that teacher candidates who will be applying for certification from now until June 30, 2016, have timely and sufficient notice that, if they fail on or more of the following new and redeveloped certification examinations (the ALST, the EAS, the edTPA and/or the required CST, if they meet one or more of the safety net options in lieu of retaking the failed examination, they may receive an initial certificate.
It is anticipated that the emergency rule will be presented to the Board of Regents for adoption as a permanent rule at the October 2015 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act for proposed rulemakings.
Subject:
Teacher Certification.
Purpose:
To provide a safety net for candidates who take the new teacher certification examinations (ALST, EAS, and the redeveloped CSTs) and to extend the time validity of the existing edTPA safety net.
Text of emergency/proposed rule:
1. A new subdivision (c) shall be added to section 80-1.5 of the Regulations of the Commissioner of Education, effective May 19, 2015, to read as follows:
(c) Notwithstanding any applicable provisions of Subparts 80-1, 80-3, 80-4 and 80-5 of this Part or any other provision of rule or regulation to the contrary, a candidate who applies for and meets all the requirements for a certificate on or before June 30, 2017, except that such candidate does not achieve a satisfactory level of performance on one or more of the new certification examinations (the academic literacy skills test and/or the teacher performance assessment) or the revised content specialty examination(s), as prescribed by the Commissioner, that is/are required for the certificate title sought, and such examination(s) was/were taken and failed on or after September 1, 2013 through June 30, 2016, may instead use one or more of the following safety net options, in lieu of retaking one or more of such new and/or revised certification examinations:
(1) Teacher performance assessment. A candidate who takes and fails to achieve a satisfactory level of performance on the teacher performance assessment (after completing and submitting for scoring the teacher performance assessment), may, in lieu of retaking the teacher performance assessment:
(i) receive a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to June 30, 2016; or
(ii) pass the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective), provided the candidate has taken and failed the teacher performance assessment prior to June 30, 2016.
(2) Academic Literacy Skills Test. A candidate who takes and fails to achieve a satisfactory level of performance on the academic literacy skills test may, in lieu of retaking the academic literacy skills test, submit an attestation on or before June 30, 2016, on a form prescribed by the commissioner, and signed by a dean or chief academic officer of a higher education institution or the substantial equivalent, attesting that the candidate has:
(i) demonstrated comparable skills to what is required by the academic literacy skills test through course completion by completing a minimum of three semester hours in coursework satisfactory to the commissioner; and
(ii) received a cumulative grade of a 3.0 or higher, or the substantial equivalent, in such coursework.
(3) Content Specialty Examination. A candidate who takes and fails to achieve a satisfactory level of performance on any required revised content specialty examination in the candidate’s certification area, may, in lieu of retaking such revised content specialty test:
(i) receive a satisfactory score on the predecessor content specialty examination after receipt of his/her failing score on the revised content specialty tests and prior to June 30, 2016; or
(ii) pass the predecessor content specialty examination on or before the new certification examination requirements became operational, provided the candidate has taken and failed the revised content specialty test prior to June 30, 2016.
2. Subclause (1) of clause (b) of subparagraph (iv) of paragraph (2) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective May 19, 2015, to read as follows:
(1) [The] For the 2015-2016 academic year, in the event that fewer than 80 percent of students, who have satisfactorily completed an institution’s program during a given academic year and have also completed one or more of the examinations required for a teaching certificate, pass each such examination they have completed, such program shall submit to the Department a professional development plan that describes how the program plans to improve the readiness of faculty and the pass rate for candidates on the examinations required for a teaching certificate. Further, for the 2015-2016 academic year, the department shall conduct a registration review in the event that fewer than [80] 70 percent of students, who have satisfactorily completed the institution's program during a given academic year and have also completed one or more of the examinations required for a teaching certificate, pass each such examination that they have completed[; provided that for the 2014-2015 and 2015-2016 academic years, the department shall not conduct a registration review based solely upon students having less than an 80 percent passage rate on the teacher performance assessment. However, programs with less than an 80 percent passage rate for the 2013-2014 and 2014-2015 academic years on the teacher performance assessment will be required to submit a professional development plan to the Department that describes how the program plans to improve the readiness of faculty and pass rate for candidates on the teacher performance assessment]. For the 2016-2017 academic year and thereafter, the department shall conduct a registration review in the event that fewer than 80 percent of students, who have satisfactorily completed the institution's program during a given academic year and have also completed one or more of the examinations required for a teaching certificate, pass each such examination that they have completed. For purposes of this clause, students who have satisfactorily completed the institution's program shall mean students who have met each educational requirement of the program, excluding any institutional requirement that the student pass each required examination of the New York State teacher certification examinations for a teaching certificate in order to complete the program. Students satisfactorily meeting each educational requirement may include students who earn a degree or students who complete each educational requirement without earning a degree. For determining this percentage, the department shall consider the performance on each certification examination of those students completing an examination not more than five years before the end of the academic year in which the program is completed or not later than the September 30th following the end of such academic year, academic year defined as July 1st through June 30th, and shall consider only the highest score of individuals taking a test more than once.
3. Clause (b) of subparagraph (i) of paragraph (2) of subdivision (b) of section 80-3.3 of the Regulations of the Commissioner is amended, effective May 19, 2015, to read as follows:
(b) Except as otherwise provided in this section, for candidates applying for certification on or after May 1, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, such candidates shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination teacher performance assessment, the educating all students test, the academic literacy skills test and the content specialty test(s) in the area of the certificate, except that a candidate seeking an initial certificate in the title of Speech and Language Disabilities (all grades) shall not be required to achieve a satisfactory level of performance on the content specialty test or the teacher performance assessment and a candidate seeking an initial certificate in the title of Educational Technology Specialist (all grades) shall not be required to achieve a satisfactory level of performance on the teacher performance assessment. [Provided however, if a candidate applies for and meets all the requirements for an initial certificate on or before June 30, 2016, except the candidate does not achieve a satisfactory level of performance on the teacher performance assessment, the candidate may meet the requirements for an initial certificate, if the candidate either:
(1) receives a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to June 30, 2015; or
(2) passes the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the teacher performance assessment prior to June 30, 2015.]
4. Clause (b) of subparagraph (i) of paragraph (3) of subdivision (b) of section 80-3.4 of the Regulations of the Commissioner of Education is amended, effective May 19, 2015, as follows:
(b) Candidates who hold a transitional C certificate for career changers and others holding a graduate academic or graduate professional degree, pursuant to the requirements of section 80-5.14 this Part, and who apply for certification on or after May 1, 2014 or candidates who apply for professional certification on or before April 30, 2014 but do not meet all the requirements for a professional certificate on or before April 30, 2014 shall submit evidence of having a achieved a satisfactory level of performance on the New York State Teacher Certification Examination teacher performance assessment. [Provided however, if a candidate applies for and meets all the requirements for an initial certificate on or before June 30, 2016, except the candidate does not achieve a satisfactory level of performance on the teacher performance assessment, the candidate may meet the requirements for an initial certificate, if the candidate either:
(1) receives a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to June 30, 2015; or
(2) passes the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the teacher performance assessment prior to June 30, 2015.]
5. Clause (b) of subparagraph (ii) of paragraph (1) of subdivision (b) of section 80-5.13 of the Regulations of the Commissioner of Education is amended, effective May 19, 2015, to read as follows:
(b) A candidate who applies for an initial certificate on or after May 1, 2014 or who applies for an initial certificate on or before April 30, 2014 but does not meet all the requirements for an initial certificate on April 30, 2014, shall submit evidence of having achieved a satisfactory level of performance on the teacher performance assessment, if applicable for that certificate title, and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable. [Provided however, if a candidate applies for and meets all the requirements for an initial certificate on or before June 30, 2016, except the candidate does not achieve a satisfactory level of performance on the teacher performance assessment, the candidate may meet the requirements for an initial certificate, if the candidate either:
(1) receives a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to June 30, 2015; or
(2) passes the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the teacher performance assessment prior to June 30, 2015.]
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 August 16, 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:
Education Law section 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.
Education Law section 305(1) and (2) 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.
Education Law section 3001(2) establishes certification by the State Education Department as a qualification to teach in the State's public schools.
Education Law section 3004(1) authorizes the Commissioner of Education to prescribe regulations governing the certification of teachers.
Education Law section 3006(1)(b) provides that the Commissioner of Education may issue such teacher certificates as the Regents Rules prescribe.
Education Law section 3009(1) provides that no part of the school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher, nor shall his salary or part thereof, be collected by a district tax except as provided in the Education Law.
2. LEGISLATIVE OBJECTIVES:
The amendment carries out the legislative objectives of the above-referenced statutes by providing flexibility relating to the teacher certification examinations that are required for certain teachers who are seeking to be certified in New York State.
3. NEEDS AND BENEFITS:
At the February and March 2015 Board of Regents meetings, the Board discussed various safety net options for the certification exams. The Board of Regents discussion included safety nets for the Academic Literacy and Skills Test (“ALST”), the Educating All Students (“EAS”) exam, the redeveloped Content Specialty Tests (CSTs), and the teacher performance assessment (“edTPA”).
We are nearly five years into the implementation of the new and revised certification examinations. The Department has already provided two separate one year extensions of the teacher performance assessment and $ 11.5 million to CUNY, SUNY, and the independent colleges to support the provision of faculty professional development on topics such as the Common Core and the new certification examinations. However, in spite of the nearly five years of awareness raising, professional development offerings related to transition to the new assessment, and the extensions that were already provided for programs and candidates, the field has expressed concern about the pass rates for candidates who have not completes a preparation program and have not yet been recommended for certification.
In order to address the concerns raised by the field while at the same time recognizing the previous extension and investments made in faculty development around the certification exams, the Board requested that the department propose safety net options for the teacher certification exams. The proposed amendments provide alternative methods of meeting certification requirements for those candidates that take and fail the certification exams.
For candidates who take and fail the Academic Literacy Skills Test (“ALST”) on or before June 30, 2016, the candidate may submit an attestation on or before June 30, 2016, on a form prescribed by the Commissioner, and signed by a dean or chief academic officer of a higher education institution, attesting that the candidate has demonstrated comparable skills to what is required by the ALST.
For candidates who have taken and failed a revised Content Specialty Test (“CST”), they may take and pass the predecessor of the CST currently required.
Additionally, the proposed amendment would extend the safety net currently in place for the edTPA through June 30, 2016. If a candidate applies for and meets all the requirements for an initial certificate on or before September 1, 2014 except he/she does not receive a satisfactory passing score on the first attempt of the edTPA, the candidate may receive a satisfactory level of performance on the ATS-W in lieu of a satisfactory level of performance on the edTPA.
4. COSTS:
Cost to the State:
None.
Costs to local government:
None.
Cost to private regulated parties:
Candidates who take and fail the ALST, edTPA and/or CST, will need to pay a fee for the alternative safety net examination, if they choose to use the safety net option. The proposed amendment will provide additional flexibility for candidates who take and fail the certification exams on their first attempt.
Cost to regulating agency for implementation and continued administration of this rule:
The State Education Department will use existing resources to implement the safety net.
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.
6. PAPERWORK:
There are no additional paperwork requirements beyond those currently imposed; except that for candidates who take and fail the ALST on or before June 30, 2016, the candidate may submit an attestation on or before June 30, 2016, on a form prescribed by the Commissioner, and signed by a dean or chief academic officer of a higher education institution, attesting that the candidate has demonstrated comparable skills to what is required by the ALST.
7. DUPLICATION:
The amendment does not duplicate any existing State or Federal requirements.
8. ALTERNATIVES:
There were no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
There are no Federal standards that establish requirements for the certification of teachers for service in the State's public schools.
10. COMPLIANCE SCHEDULE:
The proposed amendment does not impose any additional compliance requirements or costs and instead provides additional flexibility for candidates who take and fail the certification exams on their first attempt. It is anticipated that regulated parties will be able to achieve compliance with the proposed amendment by its effective date.
Regulatory Flexibility Analysis
In order to address the concerns raised by the field while at the same time recognizing the previous extension and investments made in faculty development around the certification examinations, the proposed amendment attempts to provide additional flexibility for candidates who take and fail the certification examinations on their first attempt. The proposed amendment provides candidates alternative options to fulfill the requirements for certification if they take and fail the certification exams. For candidates who take and fail the Academic Literacy Skills Test (“ALST”) on or before June 30, 2016, the candidate may submit an attestation on or before June 30, 2016, on a form prescribed by the Commissioner, and signed by a dean or chief academic officer of a higher education institution, attesting that the candidate has demonstrated comparable skills to what is required by the ALST.
For candidates who have taken and failed a revised Content Specialty Test (“CST”), they may take and pass the predecessor of the CST currently required.
Finally, the proposed amendment authorizes the Commissioner to issue to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2016, except he/she does not receive a satisfactory passing score on the teacher performance assessment, if required, an initial certificate; provided that subsequent to receiving a score for the teacher performance assessment and prior to June 30, 2016, the candidate receives a satisfactory level of performance on the written assessment of teaching skills examination in lieu of a satisfactory level of performance on the teacher performance assessment.
The proposed rule 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 will affect teacher candidates who are applying for an initial certificate and who have taken and failed the new certification exams prior to June 1, 2016, including those candidates 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:
In order to address the concerns raised by the field while at the same time recognizing the previous extension and investments made in faculty development around the certification exams, the proposed amendment attempts to provide additional flexibility for candidates who take and fail the certification exams on their first attempt. The proposed amendment provides candidates alternative options to fulfill the requirements for certification if they take and fail the certification exams. For candidates who take and fail the Academic Literacy Skills Test (“ALST”) on or before June 30, 2016, the candidate may submit an attestation on or before June 30, 2016, on a form prescribed by the Commissioner, and signed by a dean or chief academic officer of a higher education institution, attesting that the candidate has demonstrated comparable skills to what is required by the ALST.
For the redeveloped Content Specialty Tests (“CSTs”), candidates who have taken and failed a revised CST may take and pass the predecessor of the CST currently required on or before June 30, 2016.
Finally, the proposed amendment authorizes the Commissioner to issue to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2016 except a passing score on the teacher performance assessment, an initial certificate; provided that subsequent to receiving a score for the teacher performance assessment and prior to June 30, 2016, the candidate receives a satisfactory level of performance on the written assessment of teaching skills examination in lieu of a satisfactory level of performance on the teacher performance assessment.
The proposed amendment does not require any professional services to comply.
3. COSTS:
The proposed amendment does not impose any costs on the State, local governments, private regulated parties or the State Education Department; except that candidates who take and fail the edTPA or the CST will have to pay another certification examination fee to take advantage of the safety net option.
4. MINIMIZING ADVERSE IMPACT:
The State Education Department does not believe any changes for candidates 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
In order to address the concerns raised by the field while at the same time recognizing the previous extension and investments made in faculty development around the teachers certification exams, the proposed amendment attempts to provide additional flexibility for candidates who take and fail the Academic Literacy and Skills Test (“ALST”), the redeveloped Content Specialty Tests (“CST”) and the teachers performance assessment (“edTPA”) on their first attempt. For candidates who take and fail the ALST in or before June 30, 2016, the candidate may submit an attestation on or before June 30, 2016, on a form prescribed by the Commissioner, and signed by a dean or chief academic officer of a higher education institution, attesting that the candidate has demonstrated comparable skills to what is required by the ALST.
For the redeveloped Content Specialty Tests (“CSTs”), through June 30, 2016, candidates who have taken and failed a revised CST may take and pass the predecessor of the CST currently required.
Finally, the proposed amendment authorizes the Commissioner to issue to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2016, except he/she does not receive a satisfactory passing score on the teacher performance assessment; an initial certificate; provided that subsequent to receiving a score for the teacher performance assessment and prior to June 30, 2016, the candidate receives a satisfactory level of performance on the written assessment of teaching skills examination in lieu of a satisfactory level of performance on the teacher performance assessment.
Because it is evident from the nature of the proposed rule 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.
