Specific reasons underlying the finding of necessity:
At its April 2010 meeting, the Board of Regents established certain eligibility requirements to participate in the clinically rich teacher preparation pilot program, including certain curriculum requirements, a clinical component, mentoring and training requirements and requirements for the conferral of degrees upon completion of the program.
The regulation adopted in April 2010 provided, among other things, that completion of the pilot programs would lead to a professional Master of Arts in Teaching degree. Some higher education institutions offering graduate teacher education programs do not have the authority to confer a Master of Arts in Teaching degree. In order to provide these institutions with flexibility to confer other appropriate degrees, the proposed amendment authorizes higher education institutions to confer one of the specialized degrees in education prescribed in section 3.50(b)(5) of the Rules of the Board of Regents, a Master of Professional Studies degree or a Master of Arts or Master of Science degree as prescribed in section 3.50(a) of the Rules of the Board of Regents. For institutions, other than institutions of higher education, that meet the requirements in section 52.21(b)(5) of the Commissioner’s regulations, the Regents will confer a Master of Arts in Teaching degree upon their candidates.
Emergency action is necessary at the May Board of Regents meeting in order to ensure that the rule remains continuously in effect until it can be permanently adopted at the June Regents meeting.
Amend degree conferring requirements of pilot programs to provide program providers flexibility to confer degrees Master in Arts.
Text of emergency rule:
Clause (d) of subparagraph (iv) paragraph (5) shall be added to subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education, effective May 24, 2011, to read as follows:
(d) Degree.
(1) Successful completion of the pilot program shall lead to [a professional Master of Arts in Teaching degree] either one of the specialized master’s degrees in education prescribed in section 3.50(b)(5) of the Rules of the Board of Regents, a Master of Professional Studies degree or a Master of Arts or Master of Science degree as prescribed in section 3.50(a) of the Rules of the Board of Regents.
(2) Any institution that offers a program, other than an institution of higher education, shall certify to the department that the candidate has satisfactorily met the requirements of this paragraph. Upon receipt of such certification from an institution other than an institution of higher education, the Board of Regents will [issue] confer a professional Master of Arts in Teaching degree [to] on such candidate provided that the program remains in good standing with the Department.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-13-11-00001-EP, Issue of March 30, 2011. The emergency rule will expire July 22, 2011.
Text of rule and any required statements and analyses may be obtained from:
Christine Moore, NYS Education Department, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email: cmoore@mail.nysed.gov
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 208 of the Education authorizes the Regents to award and confer diplomas and degrees on persons who satisfactorily meet the requirements prescribed.
Section 210 of the Education Law authorizes the Regents to register domestic and foreign institutions in terms of New York standards, and fix the value of degrees, diplomas and certificates issued by institutions of other states or countries and presented for entrance to schools, colleges and the professions in this state.
Section 214 of the Education Law provides that institutions of the university shall include all secondary and higher educational institutions which are now or may hereafter be incorporated in this state, and such other libraries, museums, institutions, schools, organizations and agencies for education as may be admitted to or incorporated by the university.
Section 216 of the Education Law authorizes the Regents to incorporate any university, college, academy, library, museum, or other institution or association for the promotion of science, literature, art, history or other department of knowledge, or of education in any way.
Section 224 of the Education Law prohibits any individual, partnership or corporation not holding university, college or other degree conferring powers by special charter from the Legislature or the Regents from conferring any degree or using the designation college or university unless specifically authorized by the Regents to do so.
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 (7) of section 305 of the Education Law authorizes the Commissioner of Education to annul upon cause shown to his satisfaction any certificate of qualification granted to a teacher.
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.
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:
The proposed amendment carries out the objectives of the above-referenced statutes by modifying the degree requirements in the Regulations of the Commissioner of Education for the clinically rich teacher preparation pilot program, by providing program providers with the flexibility to confer a degree other than the Master of Arts in Teaching degree.
3. NEEDS AND BENEFITS:
At its April 2010 meeting, the Board of Regents established certain eligibility requirements to participate in the clinically rich teacher preparation pilot program, including certain curriculum requirements, a clinical component, mentoring and training requirements and requirements for the conferral of degrees upon completion of the program.
The regulation adopted in April 2010 provided, among other things, that completion of the pilot programs would lead to a professional Master of Arts in Teaching degree. Some higher education institutions offering graduate teacher education programs do not have the authority to confer a Master of Arts in Teaching degree. In order to provide these institutions with the flexibility to confer other appropriate degrees, the proposed amendment authorizes higher education institutions to confer one of the specialized degrees in education prescribed in section 3.50(b)(5) of the Rules of the Board of Regents, a Master of Professional Studies degree or a Master of Arts or Master of Science degree as prescribed in section 3.50(a) of the Rules of the Board of Regents. For institutions, other than institutions of higher education, that meet the requirements in section 52.21(b)(5) of the Commissioner's regulations, the Regents will confer a Master of Arts in Teaching degree upon their candidates.
4. COSTS:
(a) Cost to State government: The proposed amendment will not impose any additional costs on State government, including the State Education Department.
(b) Cost to local government: The proposed amendment will not impose any additional costs on local government.
(c) Cost to private regulated parties: The proposed amendment will not impose any additional 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 will not impose any mandates on local governments.
6. PAPERWORK:
The proposed amendment does not impose any paper 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 deal with graduate level clinically rich program requirements qualifying individuals to teach 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 on March 11, 2011.
Regulatory Flexibility Analysis
At its April 2010 meeting, the Board of Regents established certain eligibility requirements to participate in the clinically rich teacher preparation pilot program, including certain curriculum requirements, a clinical component, mentoring and training requirements and requirements for the conferral of degrees upon completion of the program.
The regulation adopted in April 2010 provided, among other things, that completion of the pilot programs would lead to a professional Master of Arts in Teaching degree. Some higher education institutions offering graduate teacher education programs do not have the authority to confer a Master of Arts in Teaching degree. In order to provide these institutions with the flexibility to confer other appropriate degrees, the proposed amendment authorizes higher education institutions to confer one of the specialized degrees in education prescribed in section 3.50(b)(5) of the Rules of the Board of Regents, a Master of Professional Studies degree or a Master of Arts or Master of Science degree as prescribed in section 3.50(a) of the Rules of the Board of Regents. For institutions, other than institutions of higher education, that meet the requirements in section 52.21(b)(5) of the Commissioner’s regulations, the Regents will confer a Master of Arts in Teaching degree upon their candidates.
The proposed amendment provides flexibility to institutions of higher education that participate in the clinically rich teacher preparation pilot program. 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 none 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 estimate of number of rural areas:
The proposed amendment will impact institutions that elect to offer a clinically rich teacher preparation program, which may include colleges and universities that are selected by the Board of Regents to participate in this program. 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:
The proposed amendment authorizes higher education institutions to confer one of the specialized degrees in education prescribed in section 3.50(b)(5) of the Rules of the Board of Regents, a Master of Professional Studies degree or a Master of Arts or Master of Science degree as prescribed in section 3.50(a) of the Rules of the Board of Regents.
3. Costs:
The proposed amendment does not impose any additional costs on regulated entities.
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 new requirements for such programs.
Moreover, the proposed amendment provides flexibility to program providers located in all areas of the State, including rural areas. The proposed amendment allows institutions of higher education that are selected by the Board of Regents to participate in this pilot program to confer other appropriate degrees beyond the Master of Arts in Teaching degree.
5. Rural area participation:
The concept of the graduate level clinically rich pilot programs 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 who live and/or work in rural areas, including individuals who are employed as educators in rural school districts.
Job Impact Statement
The purpose of the proposed amendment is to amend the degree requirements for the graduate level clinically rich teacher preparation pilot program to provide higher education institutions that participate in the pilot program with the flexibility to confer degrees other than a Master of Arts in Teaching degree.
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.
Assessment of Public Comment
The agency received no public comment since publication of the last assessment of public comment.
