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EDU-23-11-00003-E Teachers Performing Instructional Support Services in Boards of Cooperative Educational Services
8/31/11 N.Y. St. Reg. EDU-23-11-00003-E
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 35
August 31, 2011
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY RULE MAKING
I.D No. EDU-23-11-00003-E
Filing No. 730
Filing Date. Aug. 11, 2011
Effective Date. Aug. 11, 2011
Teachers Performing Instructional Support Services in Boards of Cooperative Educational Services
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 30-1.2, 30-1.8, 30-1.9 and 80-1.8 of Title 8 NYCRR.
Statutory authority:
Education Law, section 207(not subdivided)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The purpose of the proposed amendment is to create new tenure areas for teachers performing instructional support services in a BOCES. The Board of Regents promulgated regulations in 2009 to permit teachers employed in instructional support service positions in BOCES and school districts to continue in their existing teacher tenure area or if newly hired, to receive tenure and seniority rights in a tenure area for which they are properly certified.
The Department has now had two years of experience under these 2009 regulations, where many reductions in force have been necessary. The BOCES have experienced many operational problems when teachers hired for their skills in an area of instructional support are bumping a teacher assigned to a classroom. In certain situations the problem is bumping in the reverse direction (from the classroom to instructional support services). These bumping actions have placed teachers into assignments for which they are not prepared. This has resulted in a proposal to create new tenure areas in BOCES to reflect the different nature of instructional support services in a BOCES setting and to adequately provide for instructional support positions on the network teams that many BOCES will provide for component districts to support the Department's Race to the Top Application.
The proposed amendment establishes additional ("new") tenure areas for BOCES that would be appropriate for the most common types of ISS assignments:
(1) instructional support services in mathematics;
(2) instructional support services in english language arts and literacy;
(3) instructional support services in science;
(4) instructional support services in special education;
(5) instructional support services in curriculum and differentiated instruction, incorporating the analysis of student performance data;
(6) instructional support services in the integration of technology into instructional practices;
(7) instructional support services in technical support for bilingual and English as a second language instruction for English language learners; and
(8) instructional support services in professional development.
The recommended action is proposed as an emergency measure given the current budget difficulties faced by BOCES in New York State and the possibility of impending lay-offs, it is critical that teachers currently serving in instructional support positions have appropriate tenure protection and that their accrued seniority rights be protected.
Emergency action is also needed to ensure that the proposed amendment remains continuously in effect until it can be adopted as a permanent rule at the September Regents meeting.
Subject:
Teachers performing instructional support services in boards of cooperative educational services.
Purpose:
Create new tenure areas for teachers performing instructional support services in boards of cooperative educational services.
Text of emergency rule:
1. Subdivision (b) of section 30-1.2 of the Rules of the Board of Regents shall be amended, effective August 16, 2011, to read as follows:
(b) [The] Except as otherwise provided in subdivision (c) of this section, the provisions of this Subpart shall apply to a professional educator appointed by a board of education or board of cooperative educational services for the performance of duties in instructional support services, as defined in subdivision (j) of section 30-1.1 of this Subpart, on or after August 1, 1975 as follows:
(1) . . . .
(2) . . . .
(3) . . .
(4) . . .
(5) . . .
2. Subdivisions (c) and (d) of section 30-1.2 of the Rules of the Board of Regents shall be renumbered to subdivisions (d) and (e) of section 30-1.2, respectively, effective August 16, 2011.
3. A new subdivision (c) shall be added to section 30-1.2 of the Rules of the Board of Regents, effective August 16, 2011, to read as follows:
(c) The provisions of this Subpart shall apply to a professional educator employed by a board of cooperative educational services to devote a substantial portion of his time to the provision of instructional support services on or after May 20, 2011 as follows:
(1) A professional educator employed by a board of cooperative educational services to devote a substantial portion of his time to the provision of instructional support services on May 20, 2011, who was previously appointed by the board to tenure or a probationary period in a tenure area identified in this Subpart shall either:
(a) continue to receive credit toward tenure and/or accrue tenure and seniority rights in his previous tenure area from the initial date of his assignment and continue to receive tenure and/or seniority rights in his previous tenure area while assigned to devote a substantial portion of his time to the provision of instructional support services; or
(b) if the professional educator provides knowing consent to the board of cooperative educational services to change his tenure area pursuant to section 30-1.9 of this Subpart by June 20, 2011, he may receive credit toward tenure and/or accrue tenure and seniority rights in one of the special subject tenure areas of instructional support services established in section 30-1.8 of this Subpart, from the date of his initial assignment to a position where he devoted a substantial portion of his time to the provision of such instructional support services and he shall continue to receive tenure and seniority rights in that tenure area while assigned to a position where he devotes a substantial portion of his time to the provision of instructional support services appropriate for such tenure area.
(2) Any board of cooperative educational services that appoints or assigns a professional educator on or after May 20, 2011 to devote a substantial portion of his time to the provision of instructional support services shall make probationary appointments and appointments on tenure in accordance with subdivision (e) of section 30-1.8 of this Subpart.
(3) Any board of cooperative educational services that appoints a professional educator on or after May 20, 2011 to devote a substantial portion of his time to instructional support services as a result of a board of cooperative educational services taking over a program formerly operated by a school district or a county vocational education and extension board pursuant to section 3014-a of the Education Law, shall credit the professional educator with tenure and seniority rights in the special subject tenure area for instructional support services established in subdivision (e) of section 30-1.8 of this Subpart from the initial date of his assignment to the performance of instructional support services in the school district or county vocational education and extension board and shall continue to credit the professional educator with tenure and/or seniority rights in such tenure area while he is assigned to devote a substantial portion of his time to the performance of instructional support services in such tenure area at the board of cooperative educational services.
(4) Any board of education that appoints a professional educator on or after May 20, 2011 to devote a substantial portion of his time to instructional support services as a result of a school district taking over a program formerly operated by a board of cooperative educational services pursuant to section 3014-b, where the professional educator is serving in an instructional support services tenure area pursuant to subdivision of section 30-1.8 of the rules of the Board of Regents, shall credit the professional educator with tenure and seniority rights in a tenure area for which he holds the proper certification as described in Section 30-1.9(b) of this subpart, from the initial date of his assignment to the performance of instructional support services in the board of cooperative educational services and shall continue to credit such professional educator with tenure and/or seniority rights in such tenure area while he is assigned to devote a substantial portion of his time to the performance of instructional support services provided that he holds the proper certification for such tenure area.
4. Renumbered subdivision (d) of section 30-1.2 of the Rules of the Board of Regents shall be amended, effective August 16, 2011, to read as follows:
(d) Except as otherwise provided in subdivisions (b) and (c) of this section, each board of education or board of cooperative educational services shall on and after the effective date of this Subpart make probationary appointments and appointments on tenure in accordance with the provisions of this Subpart.
5. A new subdivision (e) shall be added to section 30-1.8 of the Rules of the Board of Regents, effective August 16, 2011, to read as follows:
(e) A professional educator employed by a board of cooperative educational services to devote a substantial portion of his time to the provision of instructional support services in one of the following areas shall be deemed to serve in one of the following special subject tenure areas encompassing the duties of such subject:
(1) instructional support services in mathematics;
(2) instructional support services in English language arts and literacy;
(3) instructional support services in science;
(4) instructional support services in special education;
(5) instructional support services in curriculum and differentiated instruction, incorporating the analysis of student performance data;
(6) instructional support services in the integration of technology into instructional practices;
(7) instructional support services in technical support for bilingual and English as a second language instruction for English language learners; and
(8) instructional support services in professional development.
6. Subdivision (b) of section 30-1.9 of the Rules of the Board of Regents shall be amended, effective August 16, 2011, to read as follows:
(b) Except as otherwise provided in subdivision (b) of section 30-1.2 of this Subpart, a board of education [or a board of cooperative educational services] shall appoint and assign a professional educator in such a manner that he shall devote a substantial portion of his time in at least one designated tenure area except that a professional educator appointed or assigned on or after May 1, 2009 to duties described in either paragraph (1) or (2) of this subdivision, shall be appointed to a tenure area for which he holds the proper certification.
(1) A professional educator appointed or assigned to devote a substantial portion of his time to the performance of duties in instructional support services; or
(2) A professional educator appointed or assigned to devote a substantial portion of his time to a combination of duties in instructional support services and time in at least one designated tenure area identified in this Subpart.
7. Subdivision (d) in section 30-1.9 of the Rules of the Board of Regents, is amended, effective August 16, 2011, to read as follows:
(d) If a professional educator possesses certification appropriate to more than a single tenure area and the board of education or board of cooperative educational services proposes at the time of initial appointment to assign such individual in such a manner that he will devote a substantial portion of his time during each of the school years constituting the probationary period in more than one of the tenure areas established by this Subpart, the board shall in its resolution of appointment designate such tenure area and shall thereafter separately confer or deny tenure to such individual in the manner prescribed by statute in each designated tenure area, except that individuals accruing tenure and/or seniority rights in their previous tenure area for the performance of duties in instructional support services as provided for in subparagraph (a) of paragraph (1) of subdivision (c) of section 30-1.2 of this Subpart shall only accrue tenure and/or seniority rights in their previous tenure area and not in one of the instructional support service tenure areas prescribed in subdivision (e) of section 30-1.8 of this Subpart.
8. Section 80-1.7 of the Regulations of the Commissioner of Education is amended, effective August 16, 2011, to read as follows:
Section 80-1.7 Renewal of a provisional certificate
(a) . . . .
(1) [By] Except as otherwise provided by subdivision (c) of this section, by application to the commissioner by the holder of the certificate, the commissioner may renew an expired provisional certificate in the administrative and supervisory service or the pupil personnel service on one occasion only for a period of five years from the date the renewed provisional certificate is issued, provided that the candidate has met all requirements for the permanent certificate in the certificate title of the provisional certificate, except the experience requirement. The requirements of this paragraph shall not apply to the renewal of a provisional certificate in the title school counselor. The requirements of paragraph (2) of this subdivision shall apply to the renewal of a provisional certificate in the title school counselor.
(2) . . . .
(b) . . .
(c) The commissioner shall not renew a provisional certificate in the classroom teaching service. The commissioner shall not accept an application for the renewal of a provisional School Administrator and Supervisor certificate [in the administrative and supervisory service] submitted to the commissioner after September 1, 2007 unless the certificate holder has been employed in a school district or BOCES to devote a substantial portion of his time, as defined in section 30-1.1 of the Commissioner's regulations, to instructional support services as defined in section 80-5.21 of this Subpart during three of the past five school years.
9. Subdivision (a) of section 80-1.8 of the Regulations of the Commissioner of Education, is amended, effective August 16, 2011, to read as follows:
(a) The holder of an initial certificate whose certificate has expired, and who has not successfully completed three school years of teaching experience, or its equivalent, as is required for a professional certificate, shall be issued an initial certificate on one occasion only, for a period of five years from the date of reissuance, provided that the candidate has met the requirements in subdivision (b) of this section. [The time validity of such reissued initial certificate shall not be extended, pursuant to section 80-1.6 of this Subpart.] Notwithstanding the above, an initial certificate as a school building leader may be reissued a second time if the certificate holder has met all of the requirements for the professional certificate except the experience requirement and has been employed in a school district or BOCES to provide instructional support services as defined in section 80-5.21 of this Subpart during three of the past five school years.
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-23-11-00003-EP, Issue of June 8, 2011. The emergency rule will expire October 9, 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 Board of Regents to carry into effect the laws and policies of the State relating to education.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative objectives of the above- referenced statute by creating new tenure areas for teachers performing instructional support services in a BOCES.
3. NEEDS AND BENEFITS:
In 2009, the Board of Regents promulgated regulations to permit teachers employed in instructional support service positions in BOCES TO accrue tenure and seniority rights in their existing teacher tenure area or if newly hired, to receive tenure and seniority rights in a tenure area for which they are properly certified. (The regulations did not impact teachers serving in New York City).
The BOCES have experienced many operational problems since 2009 with the current regulation. As a result of reductions in force, teachers hired for their skills in an area of instructional support services have been bumped by a teacher assigned to a classroom. Reductions in force have also resulted in bumping in the reverse direction (from instructional support services to the classroom). These bumping actions have placed teachers into assignments for which they are not prepared. To address these problems we propose to create new instructional support services tenure areas for BOCES to reflect the unique nature of instructional support services in a BOCES setting and to address the Network Team positions that BOCES will provide for component districts as part of the Race to the Top (RTTT) implementation.
Issue
Historically, BOCES have responded to the needs of component districts for the professional growth of district teachers through instructional support services duties designed to enhance teaching skills, including infusing technology into instruction, providing for differentiated instruction and incorporating the analysis of student performance data, and providing a variety of specialized supports.
The staff hired by a BOCES to provide these instructional support services are, in most cases, hired from outside the BOCES for their particular expertise in subject matter and the education of teachers. School districts, on the other hand, tend to identify individual members of their teaching staff who possess the needed skills to be professional developers, curriculum specialists, or have the knowledge and skills to assist other teachers in using technology as part of their instruction to provide these services. Using existing teachers seems to work effectively in many school districts as the teachers have a desire to retain their existing tenure area and continue to earn seniority while on special assignment.
In the BOCES, the need to provide teacher growth and professional development services to component districts is increasing and the number of teachers doing instructional support services work in a BOCES will continue to increase as the RTTT initiatives are implemented, particularly with the use of the Network teams.
The regulation adopted by the Regents in 2009 is designed to fit the school district model of providing ISS and the past two years have demonstrated that this model is causing substantial operational problems and disruption for the BOCES that would jeopardize the ability of the BOCES to provide the supports needed to implement RTTT initiatives and maintain capacity to provide high quality professional development for teachers by individuals who are hired because they are particularly adept at adult education and professional development in specific content areas.
Proposal
The problems experienced with reductions in force resulting in teachers being placed into roles for which they do not posses the required knowledge or skills are of great concern for the work of the Network Teams and the BOCES professional development programs. The duties of Network Team members under RTTT are one example of Instructional Support Services work. The careful selection of properly qualified educators to assume Network Team and other Instructional Support Services duties is a critical part of the implementation of SED's RTTT program. These Network Team duties along with other Instructional Support duties are different from classroom teaching duties and BOCES teachers performing Network Team duties should not be in the same tenure areas as individual classroom teachers.
Accordingly, after consultation with all interested parties, staff propose for the Regents consideration, the creation of the following ("new") tenure areas for BOCES that would be appropriate for the most common types of ISS assignments:
(1) instructional support services in mathematics;
(2) instructional support services in English language arts and literacy;
(3) instructional support services in science;
(4) instructional support services in special education;
(5) instructional support services in curriculum and differentiated instruction incorporating the analysis of student performance data;
(6) instructional support services in the integration of technology into instructional practices;
(7) instructional support services in technical support for bilingual and English as a second language instruction for English language learners; and
(8) instructional support services in professional development.
Transition for affected teachers
Teachers who are currently performing ISS duties in a BOCES would be able to choose to either: (1) go into a newly created ISS tenure area designated by the BOCES as appropriate for their duties; or (2) stay in their existing tenure area (grandparenting provision). If the teacher chose to go into the new ISS tenure area designated by the BOCES, he or she would be eligible to carry with them the tenure and seniority previously earned for the time they spent performing those ISS duties.
New teachers hired by a BOCES to perform ISS duties after the effective date of this regulation would be appointed to an ISS tenure area as designated by the BOCES consistent with their duties determined by the BOCES.
4. COSTS:
(a) Costs to State government: The proposed amendment will not impose any additional costs on State government, including the State Education Department.
(b) Costs to local governments: The proposed amendment will not impose any additional costs on local governments, including school districts and BOCES.
(c) Costs to private regulated parties: The proposed amendment will not impose any additional costs on private regulated parties.
(d) Costs to regulating agency for implementing and continued administration of the rule: As stated above in "Costs to State Government," the amendment will not impose any additional costs on the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment applies to boards of cooperative educational services. Therefore, the mandates in Section 3 apply to BOCES as well. The State Education Department has determined that uniform requirements are necessary to ensure the quality of the State's teaching workforce and consistency in the evaluations of teachers in the classroom teaching service across the State.
6. PAPERWORK:
In general, the amendment does not impose additional paperwork requirements upon school districts or BOCES.
7. DUPLICATION:
The amendment does not duplicate any existing State or Federal requirements.
8. ALTERNATIVES:
No alternatives were considered.
9. FEDERAL STANDARDS:
There are no Federal standards that establish procedures for the evaluation of teachers.
10. COMPLIANCE SCHEDULE:
BOCES will be required to comply with the proposed amendment by its stated effective date.
Regulatory Flexibility Analysis
(a) Small businesses:
The proposed amendment applies to boards of cooperative educational services (BOCES) and creates new tenure areas for teachers performing instructional support services. The proposed amendment does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment 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.
(b) Local governments:
The proposed amendment relates to the qualifications of teachers performing instructional support services and tenure and seniority rights for teachers performing such duties in BOCES throughout the State.
1. EFFECT OF RULE:
The proposed amendment applies to BOCES located in New York State and creates new tenure areas for teachers performing instructional support services in a BOCES.
2. COMPLIANCE REQUIREMENTS:
In 2009, the Board of Regents promulgated regulations to permit teachers employed in instructional support service positions in BOCES TO accrue tenure and seniority rights in their existing teacher tenure area or if newly hired, to receive tenure and seniority rights in a tenure area for which they are properly certified. (The regulations did not impact teachers serving in New York City).
The BOCES have experienced many operational problems since 2009 with the current regulation. As a result of reductions in force, teachers hired for their skills in an area of instructional support services have been bumped by a teacher assigned to a classroom. Reductions in force have also resulted in bumping in the reverse direction (from instructional support services to the classroom). These bumping actions have placed teachers into assignments for which they are not prepared. To address these problems we propose to create new instructional support services tenure areas for BOCES to reflect the unique nature of instructional support services in a BOCES setting and to address the Network Team positions that BOCES will provide for component districts as part of the Race to the Top (RTTT) implementation.
Issue
Historically, BOCES have responded to the needs of component districts for the professional growth of district teachers through instructional support services duties designed to enhance teaching skills, including infusing technology into instruction, providing for differentiated instruction and incorporating the analysis of student performance data, and providing a variety of specialized supports.
The staff hired by a BOCES to provide these instructional support services are, in most cases, hired from outside the BOCES for their particular expertise in subject matter and the education of teachers. School districts, on the other hand, tend to identify individual members of their teaching staff who possess the needed skills to be professional developers, curriculum specialists, or have the knowledge and skills to assist other teachers in using technology as part of their instruction to provide these services. Using existing teachers seems to work effectively in many school districts as the teachers have a desire to retain their existing tenure area and continue to earn seniority while on special assignment.
In the BOCES, the need to provide teacher growth and professional development services to component districts is increasing and the number of teachers doing instructional support services work in a BOCES will continue to increase as the RTTT initiatives are implemented, particularly with the use of the Network teams.
The regulation adopted by the Regents in 2009 is designed to fit the school district model of providing ISS and the past two years have demonstrated that this model is causing substantial operational problems and disruption for the BOCES that would jeopardize the ability of the BOCES to provide the supports needed to implement RTTT initiatives and maintain capacity to provide high quality professional development for teachers by individuals who are hired because they are particularly adept at adult education and professional development in specific content areas.
Proposal
The problems experienced with reductions in force resulting in teachers being placed into roles for which they do not posses the required knowledge or skills are of great concern for the work of the Network Teams and the BOCES professional development programs. The duties of Network Team members under RTTT are one example of Instructional Support Services work. The careful selection of properly qualified educators to assume Network Team and other Instructional Support Services duties is a critical part of the implementation of SED's RTTT program. These Network Team duties along with other Instructional Support duties are different from classroom teaching duties and BOCES teachers performing Network Team duties should not be in the same tenure areas as individual classroom teachers.
Accordingly, after consultation with all interested parties, staff propose for the Regents consideration, the creation of the following ("new") tenure areas for BOCES that would be appropriate for the most common types of ISS assignments:
(1) instructional support services in mathematics;
(2) instructional support services in English language arts and literacy;
(3) instructional support services in science;
(4) instructional support services in special education;
(5) instructional support services in curriculum and differentiated instruction incorporating the analysis of student performance data;
(6) instructional support services in the integration of technology into instructional practices;
(7) instructional support services in technical support for bilingual and English as a second language instruction for English language learners; and
(8) instructional support services in professional development.
Transition for affected teachers
Teachers who are currently performing ISS duties in a BOCES would be able to choose to either: (1) go into a newly created ISS tenure area designated by the BOCES as appropriate for their duties; or (2) stay in their existing tenure area (grandparenting provision). If the teacher chose to go into the new ISS tenure area designated by the BOCES, he or she would be eligible to carry with them the tenure and seniority previously earned for the time they spent performing those ISS duties. New teachers hired by a BOCES to perform ISS duties after the effective date of this regulation would be appointed to an ISS tenure area as designated by the BOCES consistent with their duties determined by the BOCES.
3. PROFESSIONAL SERVICES:
The proposed amendment does not mandate that BOCES contract for additional professional services to comply.
4. COMPLIANCE COSTS:
In general, the proposed amendment does not impose any additional compliance costs on BOCES.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any additional technological requirements. Economic feasibility is addressed under the Compliance Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment establishes the tenure and seniority rights for teaches employed in instructional support service positions in BOCES. Because these requirements apply to teachers and BOCES located in all areas of the State, it is not possible to exempt local governments from the proposed amendment or impose a lesser standard. Moreover, the State Education Department has determined that uniform tenure and seniority rights in such positions at a BOCES are necessary to ensure the quality of the State's teaching workforce and consistency in the application of tenure and seniority rights for such positions.
7. LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule were solicited from the BOCES District Superintendents, New York State Council of School Superintendents, New York State United Teachers, New York State School Boards Association, School Administrators Association of New York State, and New York State Association of School Personnel Administrators.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATE OF THE NUMBER OF RURAL AREAS:
The proposed amendment will affect teachers who perform instructional support services and who are employed in boards of cooperative educational services in all areas of New York State, including 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 2009, the Board of Regents promulgated regulations to permit teachers employed in instructional support service positions in BOCES and school districts to accrue tenure and seniority rights in their existing teacher tenure area or if newly hired, to receive tenure and seniority rights in a tenure area for which they are properly certified. (The regulations did not impact teachers serving in New York City).
The BOCES have experienced many operational problems since 2009 with the current regulation. As a result of reductions in force, teachers hired for their skills in an area of instructional support services have been bumped by a teacher assigned to a classroom. Reductions in force have also resulted in bumping in the reverse direction (from instructional support services to the classroom). These bumping actions have placed teachers into assignments for which they are not prepared. To address these problems we propose to create new instructional support services tenure areas for BOCES to reflect the unique nature of instructional support services in a BOCES setting and to address the Network Team positions that BOCES will provide for component districts as part of the Race to the Top (RTTT) implementation.
Issue
Historically, BOCES have responded to the needs of component districts for the professional growth of district teachers through instructional support services duties designed to enhance teaching skills, including infusing technology into instruction, providing for differentiated instruction and incorporating the analysis of student performance data, and providing a variety of specialized supports.
The staff hired by a BOCES to provide these instructional support services are, in most cases, hired from outside the BOCES for their particular expertise in subject matter and the education of teachers. School districts, on the other hand, tend to identify individual members of their teaching staff who possess the needed skills to be professional developers, curriculum specialists, or have the knowledge and skills to assist other teachers in using technology as part of their instruction to provide these services. Using existing teachers seems to work effectively in many school districts as the teachers have a desire to retain their existing tenure area and continue to earn seniority while on special assignment.
In the BOCES, the need to provide teacher growth and professional development services to component districts is increasing and the number of teachers doing instructional support services work in a BOCES will continue to increase as the RTTT initiatives are implemented, particularly with the use of the Network teams.
The regulation adopted by the Regents in 2009 is designed to fit the school district model of providing ISS and the past two years have demonstrated that this model is causing substantial operational problems and disruption for the BOCES that would jeopardize the ability of the BOCES to provide the supports needed to implement RTTT initiatives and maintain capacity to provide high quality professional development for teachers by individuals who are hired because they are particularly adept at adult education and professional development in specific content areas.
The 2009 regulation, which leaves a teacher in the tenure area of his or her previous assignment or places a new Instructional Support Services Teacher in a tenure area for which they are certified, results in teachers in ISS assignments bumping into classroom assignments and vice versa. Unfortunately, the classroom teacher who bumps into an ISS position may not have the skills required to perform the ISS assignment. A teacher of English in Grade 8 may be selected to provide guidance to other teachers on the infusion of technology into their instruction, because of her exceptional knowledge of current technologies and related pedagogical issues. If there is a reduction in force in the English 7-12 tenure area and a classroom English teacher "bumps" that ISS teacher, it is quite likely that the classroom English teacher will not possess the technology skills needed for the ISS assignment.
Proposal
The problems experienced with reductions in force resulting in teachers being placed into roles for which they do not posses the required knowledge or skills are of great concern for the work of the Network Teams and the BOCES professional development programs. The duties of Network Team members under RTTT are one example of Instructional Support Services work. The careful selection of properly qualified educators to assume Network Team and other Instructional Support Services duties is a critical part of the implementation of SED's RTTT program. These Network Team duties along with other Instructional Support duties are different from classroom teaching duties and BOCES teachers performing Network Team duties should not be in the same tenure areas as individual classroom teachers.
Accordingly, after consultation with all interested parties, staff propose for the Regents consideration, the creation of the following ("new") tenure areas for BOCES that would be appropriate for the most common types of ISS assignments:
(1) instructional support services in mathematics;
(2) instructional support services in English language arts and literacy;
(3) instructional support services in science;
(4) instructional support services in special education;
(5) instructional support services in curriculum and differentiated instruction incorporating the analysis of student performance data;
(6) instructional support services in the integration of technology into instructional practices;
(7) instructional support services in technical support for bilingual and English as a second language instruction for English language learners; and
(8) instructional support services in professional development.
Transition for affected teachers
Teachers who are currently performing ISS duties in a BOCES would be able to choose to either: (1) go into a newly created ISS tenure area designated by the BOCES as appropriate for their duties; or (2) stay in their existing tenure area (grandparenting provision). If the teacher chose to go into the new ISS tenure area designated by the BOCES, he or she would be eligible to carry with them the tenure and seniority previously earned for the time they spent performing those ISS duties.
New teachers hired by a BOCES to perform ISS duties after the effective date of this regulation would be appointed to an ISS tenure area as designated by the BOCES consistent with their duties determined by the BOCES.
3. COSTS:
The proposed amendment will not impose any additional costs on private regulated parties.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment establishes the tenure and seniority rights for teaches employed in instructional support service positions in BOCES. Because these requirements apply to teachers and BOCES located in all areas of the State, including rural areas, it is not possible to exempt those from rural areas from the proposed amendment or impose a lesser standard. Moreover, the State Education Department has determined that uniform tenure and seniority rights in such positions at a BOCES are necessary to ensure the quality of the State's teaching workforce and consistency in the application of tenure and seniority rights for such positions.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were also solicited from the District Superintendents, New York State Council of School Superintendents, New York State United Teachers, New York State School Boards Association, School Administrators Association of New York State, and New York State Association of School Personnel Administrators, the constituencies of which include those from rural areas.
Job Impact Statement
The purpose of the proposed amendment is to establish new tenure areas for teachers performing instructional support services who are employed in a board of cooperative educational services. The proposed amendment allows a professional educator assigned by a board of cooperative educational services to devote a substantial portion of their time to the provision of instructional support services to either continue to receive credit toward tenure and/or accrue tenure and seniority rights in their previous tenure area or if the professional educator provides knowing consent to the BOCES to change his tenure area by June 20, 2011, the professional educator may accrue credit toward tenure and/or seniority rights in one of the special subject tenure areas of instructional support services from the date of his initial assignment to a position in instructional support services.
Because it is evident from the nature of this regulation 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.
