(a) ...

(b) Mandatory requirement.

(1) Requirements.

(i) Requirement for holders of professional certificates in the classroom teaching service. [The] Except as otherwise provided in subparagraph (v) of this subdivision, the holder of a professional certificate in the classroom teaching service shall be required to successfully complete 175 clock hours of acceptable professional development during the professional development period; provided that for any professional development period beginning on July 1, 2015, a minimum of 15 percent of the required professional development clock hours shall be dedicated to language acquisition addressing the needs of English Language Learners, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for such English Language Learners.

(ii) Requirements for holders of level III teaching assistant certificates. The holder of a level III teaching assistant certificate shall be required to complete successfully 75 clock hours of acceptable professional development during the professional development period; provided that for any professional development period beginning on July 1, 2015, a minimum of 15 percent of the required professional development clock hours shall be dedicated to language acquisition addressing the needs of English Language Learners and integrating language and content instruction for such English Language Learners.

(iii) Requirements for holders of professional certificates in the educational leadership service. The holder of a professional certificate in the educational leadership service shall be required to complete successfully 175 clock hours of acceptable professional development during the professional development period; provided that for any professional development period beginning on July 1, 2015, a minimum of 15 percent of the required professional development clock hours shall be dedicated to language acquisition addressing the needs of English Language Learners, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for such English Language Learners.

(iv) (a) [An] Except as otherwise provided in subparagraph (v) of this subdivision, an individual holding more than one professional certificate in the classroom teaching service and/or educational leadership service shall be required to complete 175 clock hours of acceptable professional development during the five-year professional development period; provided that for any professional development period beginning on July 1, 2015, a minimum of 15 percent of the required professional development clock hours shall be dedicated to language acquisition addressing the needs of English Language Learners, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for such English Language Learners.

(b) [An] Except as otherwise provided in subparagraph (v) of this subdivision, an individual holding a level III teaching assistant certificate and one or more professional certificates in the classroom teaching service and/or educational leadership service shall be required to complete 175 clock hours of professional development during the five-year professional development period, unless the individual does not hold a professional certificate during the entire five-year professional development period, in which case the individual shall be required to complete 75 clock hours of professional development during the five-year professional development period; provided that for any professional development period beginning on July 1, 2015, a minimum of 15 percent of the required professional development clock hours shall be dedicated to language acquisition addressing the needs of English Language Learners, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for such English Language Learners.

(v) For any professional development period beginning on July 1, 2015, a holder of a professional certificate in the certificate title of English to Speakers of other Languages (all grades) and a holder of a bilingual extension under section 80-4.3 of this Title, shall be required to complete a minimum of 50 percent of the required professional development clock hours in language acquisition aligned with the core content area of instruction taught, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for English Language Learners.

(2) ...

(3) ...

(4) Notwithstanding the requirements of paragraph (1) of this subdivision, a holder of a certificate in the classroom teaching service who achieves certification from the National Board for Professional Teaching Standards shall be deemed to have met the professional development requirement, prescribed in this subdivision, for the five-year professional development period in which such national board certification is achieved; provided that for any professional development period beginning on July 1, 2015:

(i) a holder of a professional certificate in the certificate title of English to Speakers of other Languages (all grades) and a holder of a bilingual extension under section 80-4.3 of this Title, shall be required to complete a minimum of 50 percent of the required professional development clock hours in language acquisition aligned with the core content area of instruction taught, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for English Language Learners; and

(ii) for all other holders of professional certificates in the classroom teaching service, a minimum of 15 percent of the required professional development clock hours shall be dedicated to language acquisition addressing the needs of English Language Learners, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for such English Language Learners; and

(iii) for an individual holding a level III teaching assistant certificate, a minimum of 15 percent of the required professional development clock hours shall be dedicated to language acquisition addressing the needs of English Language Learners and integrating language and content instruction for such English Language Learners.

(c) ...

(d) Acceptable professional development.

(1) ...

(2) For individuals not regularly employed by an applicable school in New York in a professional development year, acceptable professional development for such year shall be study in the content area of any certificate subject to the professional development requirement held by the individual or in pedagogy related to such certificate and any required study in language acquisition addressing the needs of English Language Learners as described in subdivision (b) of this section:

(i) ...

(ii) ...

(e) ...

(f) Recordkeeping requirements. In addition to the recordkeeping requirement for an applicable school in New York, as prescribed in section 100.2(dd) of this Title, the certificate holder shall maintain a record of completed professional development, which includes: the title of the program, the total number of hours completed, the number of hours completed in language acquisition addressing the need of English Language Learners, the sponsor's name and any identifying number, attendance verification, and the date and location of the program. Such records shall be retained for at least seven years from the date of completion of the program and shall be available for review by the department in administering the requirements of this section.

(g) ...

(h) ...

(i) ...

2. Subparagraph (iii) of paragraph (1) of subdivision (dd) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective February 25, 2015, to read as follows:

(iii) A school district or BOCES shall include as part of its professional development plan a description of the professional development activities provided to all professional staff and supplementary school personnel who work with students with disabilities and English Language Learners to assure that they have the skills and knowledge necessary to meet the needs of students with disabilities and English Language Learners, respectively.

3. A new subparagraph (v) is added to paragraph (2) of subdivision (dd) of section 100.2 of the Regulations of the Commissioner of Education, effective February 25, 2015, to read as follows:

(v) For plans covering the time period July 1, 2015 and thereafter, each school district or BOCES shall describe in its plan how it will provide:

(a) a holder of a professional certificate in the certificate title of English to Speakers of other Languages (all grades) and a holder of a bilingual extension under section 80-4.3 of this Title with a minimum of 50 percent of the required professional development clock hours for such certificate title in language acquisition aligned with the core content area of instruction taught, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for English Language Learners; and

(b) all other holders of professional certificates in the classroom teaching service, a minimum of 15 percent of the required professional development clock hours in language acquisition addressing the needs of English Language Learners, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for such English Language Learners; and

(c) a holder of a level III teaching assistant certificate, a minimum of 15 percent of the required professional development clock hours in language acquisition addressing the needs of English Language Learners and integrating language and content instruction for such English Language Learners; and

(d) a school district or board of cooperative educational services may seek permission on an annual basis from the commissioner for an exemption from the professional development requirements in this subparagraph where there are fewer than thirty (30) English Language Learner students enrolled or English language learners make up less than five percent (5%) of the district’s or board of cooperative educational services’ total student population as of such date as established by the Commissioner. The process for such exemption can be found in section 154-2.3(k) of this Title.

4. Subdivision (k) of section 154-2.3 of the Regulations of the Commissioner of Education is amended, effective February 25, 2015, as follows:

(k) Professional Development. Each school district and board of cooperative educational services shall provide professional development to all teachers, level III teaching assistants and administrators that specifically addresses the needs of English Language Learners.

(1) Consistent with section 80-3.6 and section 100.2(dd) of this Title, a minimum of fifteen percent (15%) of the required professional development clock hours for all teachers and administrators [prescribed by Part 80 of this Title] shall be dedicated to language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. For holders of a level III teaching assistant certificate, a minimum of fifteen percent (15%) of the required professional development clock hours shall be dedicated to language acquisition and content instruction for English Language Learners. For all Bilingual and English to Speakers of Other Languages (ESOL) certified teachers, a minimum of fifty (50%) of the required professional development clock hours prescribed by Part 80 of this Title shall be dedicated to language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. All school districts must align and integrate such professional development for Bilingual and English to Speakers of Other Languages (ESOL) certified teachers with the professional development plan for core content area for all teachers in the district.

(2) A school district or board of cooperative educational services may seek permission on an annual basis from the commissioner for an exemption from the professional development requirements of this subdivision where there are fewer than thirty (30) English Language Learner students enrolled or English language learners make up less than five percent (5%) of the district’s or board of cooperative educational services’ total student population as of such date as established by the Commissioner. A district or board of cooperative educational services seeking permission for such exemption shall submit to the commissioner for approval an application, in such format and according to such timeline as may be prescribed by the commissioner, that includes:

(i) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all teachers, level III teaching assistants and administrators receive training, sufficient to meet the needs of the district’s or board of cooperative educational services’ English Language Learner students, in language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners; and

(ii) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all Bilingual and English to Speakers of Other Languages (ESOL) certified teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners.

STATUTORY AUTHORITY:

Education Law section 207 empowers the Board of Regents and the Commissioner of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.

Education Law section 215 authorizes the Board of Regents and the Commissioner of Education to require school districts to prepare and submit reports containing such information as they may prescribe.

Education Law section 305 (1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents.

Education Law section 2117(1) empowers the Board of Regents and the Commissioner of Education to require school districts to submit any information they deem appropriate.

Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the State's public schools.

Subdivision (1) of section 3003 of the Education Law authorizes the Commissioner of Education to certify school superintendents for service in the State's public schools.

Subdivision (1) of section 3004 of the Education Law authorizes the Commissioner of Education to prescribe, subject to the approval of the Regents, regulations governing the examination and certification of teachers employed in the State's public schools.

Paragraph (b) of subdivision (1) of section 3006 of the Education Law provides that the Commissioner of Education may issue such teacher certificates as the Regents.

Subdivision (1) of section 3009 of the Education Law 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.

LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the above statutory authority, and is necessary to implement Regents policy on standards for instruction of English Language Learners (ELL), to ensure compliance with the Elementary and Secondary Education Act (ESEA), Title IV of the Civil Rights Act of 1964, and the Equal Educational Opportunities Act of 1974 (EEOA).

NEEDS AND BENEFITS:

Over the past 10 years, New York State ELL student enrollment has increased by 20%. According to the U.S. Department of Education, ELL student enrollment has increased by 18% nationally. Currently in New York State, over 230,000 ELLs make up 8.9% of the total public student population. Students in New York State speak over 140 languages, with 61.5% of ELL students having Spanish as their home language. In addition, 41.2% of ELL students were born outside of the United States.

In the landmark 1974 decision, Lau v. Nichols, the United States Supreme Court established the right of ELL students to have “a meaningful opportunity to participate in the educational program.” That same year, an agreement between the New York City Board of Education and ASPIRA of New York (called the ASPIRA Consent Decree) assured that ELL students would be provided Bilingual Education. As such, ELL students must be provided with equal access to all school programs and services offered to non-ELL students, including access to programs required for graduation. Education Law § 3204 and Part 154 of the Commissioner’s Regulations contain standards for educational services provided to ELL students in New York State. With this framework in place, the Department began to engage stakeholders to determine how the programs and services required in Part 154 could be enhanced to better meet the needs of the State’s multilingual population.

The Department’s process began in early 2012 with focus group discussions representing over 100 key stakeholders from around the state. Those discussions informed the development of a statewide survey of policy options that was released in June 2012, and resulted in over 1,600 responses from teachers, principals, superintendents, advocates and others interested in the education of ELL students. The Department then used the survey results and focus group discussions to develop proposed policy changes and enhancements. Proposed changes were then shared with stakeholders for feedback and were also shared with the U.S. Department of Justice Office of Civil Rights, U.S. Department of Education staff responsible for Title I and Title III, and members of the Board of Regents for review and feedback.

At its September 2014 meeting, the Board of Regents adopted a number of changes to Part 154 of the Commissioner’s Regulations, including the addition of a new subdivision (k) to 154-2.3 to require each school district to provide professional development to all teachers and administrators that specifically addresses the needs of ELLs. Specifically, the regulation requires that a minimum of fifteen percent (15%) of the required professional development clock hours for all teachers prescribed by Part 80 of this Title be dedicated to language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. For all Bilingual and English to Speakers of Other Languages (ESOL) teachers, a minimum of fifty percent (50%) of the required professional development clock hours prescribed by Part 80 of this Title shall be dedicated to language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. It further requires all school districts to align and integrate such professional development for Bilingual and English to Speakers of Other Languages (ESOL) certified teachers with the professional development plan for core content area for all teachers in the district.

The proposed rule amends sections 80-3.6 and 100.2(dd) of the Commissioner’s Regulations to implement the Part 154 changes. The proposed rule also amends section 154-2.3(k) to conform to sections 80-3.6 and 100.2(dd), as amended, and to clarify that administrators and holders of a level III teaching assistant certificate also be required to complete a minimum of 15 percent of the required professional development clock hours in language acquisition addressing the needs of ELLs and integrating language and content instruction for ELLs; consistent with its requirements for teachers.

COSTS:

(a) Costs to State government:

The rule is necessary to ensure compliance with State and federal law, and does not impose any costs on State government, including the State Education Department.

(b) Costs to local government:

For most areas, the rule does not impose any new costs not currently required by existing State and federal requirements.

Currently, State regulations require school districts and BOCES to provide teachers and administrators with 175 hours, and Level III teaching assistants with 75 hours of professional development. The proposed amendment requires that a portion of those hours be dedicated to language acquisition addressing the needs of ELLs. Therefore, the proposed amendment should not impose any additional costs on districts and BOCES beyond those already imposed by regulation. However, to the extent that there are any additional costs, SED cannot estimate actual costs for each school district because they will vary widely from district to district, depending on the size of the school district, the number and types of professional development programs regarding the needs of ELLs that are currently provided, teaching staff levels, collective bargaining provisions, and how districts decide to reallocate existing resources to meet the above provisions.

Moreover, most districts are or should be serving their ELLs currently, but SED does not have data on the amount of funds currently dedicated to these activities in each district.

(c) Cost to private regulated parties: None. The rule applies to school districts.

(d) Costs to regulating agency for implementation and continued administration of this rule: See above costs to State government.

LOCAL GOVERNMENT MANDATES:

The proposed rule is necessary to implement Regents policy on standards for instruction of English Language Learners (ELL), to ensure compliance with Education Law sections 3204 and 4403, and Title I and III of the Elementary and Secondary Education Act (ESEA), Title IV of the Civil Rights Act of 1964 and Equal Educational Opportunities Act of 1974 (EEOA). The majority of the requirements in the proposed rule do not impose any program, service, duty or responsibility on school districts and BOCES beyond those imposed by the applicable State and federal statutes.

Districts shall provide professional development to all teachers and administrators that specifically addresses the needs of ELL students, in accordance with the proposed rule.

PAPERWORK:

In addition to the recordkeeping requirement prescribed in section 100.2(dd) of the Commissioner’s regulations, the certificate holder shall maintain a record of his/her completed professional development, including the title of the program, the total number of hours completed and the number of hours completed in language acquisition addressing the needs of ELLs. School districts and BOCES are also required to include as part of their professional development plan a description of the professional development activities provided to all professional staff and supplementary school personnel who work with students with disabilities and ELLs to assure that they have the skills and knowledge necessary to meet the needs of students with disabilities and ELL’s to assure that they have the skills and knowledge necessary to meet these students’ needs.

DUPLICATION:

The rule does not duplicate existing State or Federal requirements, and is necessary to implement Regents policy on instruction standards for English Language Learners (ELL) to ensure compliance with Education Law sections 3204 and 4403, and Title I and III of the Elementary and Secondary Education Act (ESEA), Title IV of the Civil Rights Act of 1964, Equal Educational Opportunities Act of 1974 (EEOA).

ALTERNATIVES:

There were no significant alternatives and none were considered.

FEDERAL STANDARDS:

The rule is necessary to ensure compliance with Education Law sections 3204 and 4403, Title I and III of the ESEA, Title IV of the Civil Rights Act of 1964, and the EEOA. These laws require states and school districts to provide ELL students with appropriate services to overcome language barriers. In addition, federal jurisprudence in landmark cases such as Castañeda v. Pickard established standards to ensure compliance with EEOA. For example, the Castañeda standard mandates that programs for language-minority students must be (1) based on a sound educational theory, (2) implemented effectively with sufficient resources and personnel, and (3) evaluated to determine whether they are effective in helping students overcome language barriers.

In addition, recent U.S. Department of Justice findings in school districts throughout the country establish high standards to ensure compliance with EEOA such as: U.S. District Court Consent Decree 2012, Denver Public Schools, Settlement Agreement 2013 between the United States of America and the Prince William County School District, Settlement Agreement 2012 between The United States and The Mercer County School District, Settlement Agreement 2012 between the United States and the Boston Public Schools.

COMPLIANCE SCHEDULE:

The rule will become effective on its stated effective date. Districts and BOCES have been given time to plan since full implementation will come into effect for the professional development period beginning July 1, 2015.

(a) Small businesses:

The purpose of the proposed rule is to establish professional development requirements for teachers, holders of a level III teaching assistant certificate, and administrators, in language acquisition that specifically addresses the needs of students who are English Language Learners (ELLs). The proposed rule does not impose any reporting, recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small business. Because it is evident from the nature of the rule that it does not affect small businesses, no further steps were needed to ascertain that fact and one were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The proposed rule applies to all school districts and boards of cooperative educational services (“BOCES”) in the State.

2. COMPLIANCE REQUIREMENTS:

At its September 2014 meeting, the Board of Regents adopted a number of changes to Part 154 of the Commissioner’s Regulations, including the addition of a new subdivision (k) to 154-2.3 to require each school district to provide professional development to all teachers and administrators that specifically addresses the needs of ELLs. Specifically, the regulation requires that a minimum of fifteen percent (15%) of the required professional development clock hours for all teachers prescribed by Part 80 be dedicated to language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. For all Bilingual and English to Speakers of Other Languages (ESOL) teachers, a minimum of fifty percent (50%) of the required professional development clock hours prescribed by Part 80 of this Title shall be dedicated to language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. It further requires all school districts to align and integrate such professional development for Bilingual and English to Speakers of Other Languages (ESOL) certified teachers with the professional development plan for core content area for all teachers in the district.

The proposed rule amends sections 80-3.6 and 100.2(dd) of the Commissioner’s Regulations to implement the Part 154 changes. The proposed rule also amends section 154-2.3(k) to conform to sections 80-3.6 and 100.2(dd), as amended, and to clarify that administrators and holders of a level III teaching assistant certificate also be required to complete a minimum of 15 percent of the required professional development clock hours in language acquisition addressing the needs of ELLs and integrating language and content instruction for ELLs; consistent with its requirements for teachers.

3. PROFESSIONAL SERVICES:

The proposed rule does not impose any additional professional services requirements on school districts or BOCES.

4. COMPLIANCE COSTS:

For most areas, the rule does not impose any new costs not current required by existing State and federal requirements.

Currently, State regulations require school districts and BOCES to provide teachers and administrators with 175 hours, and Level III teaching assistants with 75 hours of professional development. The proposed amendment requires that a portion of those hours be dedicated to language acquisition addressing the needs of ELLs. Therefore, the proposed amendment should not impose any additional costs on districts and BOCES beyond those already imposed by regulation. However, to the extent that there are any additional costs, SED cannot estimate actual costs for each school district because they will vary widely from district to district, depending on the size of the school district, the number and types of professional development programs regarding the needs of ELLs that are currently provided, teaching staff levels, collective bargaining provisions, and how districts decide to reallocate existing resources to meet the above provisions.

Moreover, most districts are or should be serving their ELLs currently, but SED does not have data on the amount of funds currently dedicated to these activities in each district.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional technological requirements on school districts or BOCES. Economic feasibility is addressed above under Compliance Costs.

6. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, section 154-2.3(k) of the Commissioner’s Regulations by establishing professional development requirements for teachers, holders of a level III teaching assistant certificate, and administrators, in language acquisition that specifically addresses the needs of students who are English Language Learners (ELLs). Since the Regents policy applies equally to all school districts and BOCES throughout the State, it was not possible to establish different compliance and reporting requirements.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the proposed amendment have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts.

1. 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.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

At its September 2014 meeting, the Board of Regents adopted a number of changes to Part 154 of the Commissioner’s Regulations, including the addition of a new subdivision (k) to 154-2.3 to require each school district to provide professional development to all teachers and administrators that specifically addresses the needs of ELLs. Specifically, the regulation requires that a minimum of fifteen percent (15%) of the required professional development clock hours for all teachers prescribed by Part 80 be dedicated to language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. For all Bilingual and English to Speakers of Other Languages (ESOL) teachers, a minimum of fifty percent (50%) of the required professional development clock hours prescribed by Part 80 of this Title shall be dedicated to language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. It further requires all school districts to align and integrate such professional development for Bilingual and English to Speakers of Other Languages (ESOL) certified teachers with the professional development plan for core content area for all teachers in the district.

The proposed rule amends sections 80-3.6 and 100.2(dd) of the Commissioner’s Regulations to implement the Part 154 changes. The proposed rule also amends section 154-2.3(k) to conform to sections 80-3.6 and 100.2(dd), as amended, and to clarify that administrators and holders of a level III teaching assistant certificate also be required to complete a minimum of 15 percent of the required professional development clock hours in language acquisition addressing the needs of ELLs and integrating language and content instruction for ELLs; consistent with its requirements for teachers.

The proposed amendment does not impose any additional professional service requirements on rural areas.

3. COMPLIANCE COSTS:

For most areas, the rule does not impose any new costs not current required by existing State and federal requirements.

Currently, State regulations require school districts and BOCES to provide teachers and administrators with 175 hours, and Level III teaching assistants with 75 hours of professional development. The proposed amendment requires that a portion of those hours be dedicated to language acquisition addressing the needs of ELLs. Therefore, the proposed amendment should not impose any additional costs on districts and BOCES beyond those already imposed by regulation. However, to the extent that there are any additional costs, SED cannot estimate actual costs for each school district because they will vary widely from district to district, depending on the size of the school district, the number and types of professional development programs regarding the needs of ELLs that are currently provided, teaching staff levels, collective bargaining provisions, and how districts decide to reallocate existing resources to meet the above provisions.

Moreover, most districts are or should be serving their ELLs currently, but SED does not have data on the amount of funds currently dedicated to these activities in each district.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, section 154-2.3(k) of the Commissioner’s Regulations by establishing professional development requirements for teachers, holders of a level III teaching assistant certificate, and administrators, in language acquisition that specifically addresses the needs of students who are English Language Learners (ELLs). Since the Regents policy applies equally to all school districts and BOCES throughout the State, it was not possible to establish different compliance and reporting requirements.

5. RURAL AREA PARTICIPATION:

The proposed amendment was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.

6. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of the proposed amendment shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement long-range Regents policy relating to bilingual education and English as a New Language programs for students who are English Language Learners. Accordingly, there is no need for a shorter review period.

The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

The purpose of the proposed amendment is to establish professional development requirements for teachers, holders of a level III teaching assistant certificate, and administrators, in language acquisition that specifically addresses the needs of students who are English Language Learners (ELLs). The proposed amendment 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 proposed amendment 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.