Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 60-day public comment period provided for in the State Administrative Procedure Act (SAPA) Sections 202(1) and (5), is the July 2019 Regents meeting. Furthermore, pursuant to SAPA Section 203(1), the earliest effective date of the proposed amendment, if adopted at the July Regents meeting, is July 31, 2019, the date a Notice of Adoption would be published in the State Register. However, because the current safety net expires on June 30, 2019, emergency action is necessary now for the preservation of the general welfare in order to ensure that the safety net becomes effective immediately so candidates can be held harmless during the redevelopment of the Educational Technology Specialist content specialty test.

(iii) For revised content specialty tests that became operational on or after October 18, 2016 or for the revised Educational Technology Specialist content specialty test, a candidate may take and receive a satisfactory passing score on either the revised content specialty test or the predecessor content specialty test until [June 30, 2019] six months after the revised Educational Technology Specialist content specialty test is redeveloped and operational.

1. STATUTORY AUTHORITY:

Education Law 101 (not subdivided) charges the Department with the general management and supervision of all public schools and all of the educational work of the state.

Education Law 207 (not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law 305(1) authorizes the Commissioner to enforce laws relating to the State educational system and execute Regents educational policies. Section 305(2) provides the Commissioner with general supervision over schools and authority to advise and guide school district officers in their duties and the general management of their schools.

Education Law 3001 establishes the qualifications of teachers in the classroom.

Education Law 3003 authorizes the Commissioner to issue a certificate as superintendent of schools to exceptionally qualified persons who do not meet all of the graduate course and teaching requirements.

Education Law 3004(1) authorizes the Commissioner to promulgate regulations governing the certification requirements for teachers employed in public schools.

Education Law 3009 prohibits school district money from being used to pay the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment to Section 80-1.5 of the Regulations of the Commissioner of Education is to reinstate the Educational Technology Specialist content specialty test (CST) safety net for candidates seeking Educational Technology Specialist certification.

There is a safety net in place for the Educational Technology Specialist content specialty test (CST) that allows candidates to take either the redeveloped CST or the predecessor CST. After this safety net expires on June 30, 2019, candidates will be required to take only the redeveloped CST.

By extending the expiration date to six months after the revised Educational Technology Specialist CST is redeveloped and operational, the safety net enables candidates to be held harmless during the redevelopment of the revised Educational Technology Specialist CST. The safety net gives candidates who do not pass the revised test the option of taking the same test again or the predecessor test.

3. NEEDS AND BENEFITS:

Upon a review of the redeveloped Educational Technology Specialist CST, there has been a significant decrease in the pass rate. As a result, the Department believes it needs to review the examination to determine if revisions are needed and is proposing to reinstate the safety net until six months after the revised Educational Technology Specialist content specialty test is redeveloped and operational while the Department works with the field to make any necessary changes. For the safety net, candidates may take either the redeveloped CST or the predecessor CST. The safety net enables candidates to be held harmless while any necessary revisions are made to the redeveloped Educational Technology Specialist CST.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendments do not impose any costs on local government.

c. Costs to private regulated parties: The amendment do not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

Because the State believes that uniform certification standards are required across the State, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be permanently adopted by the Board of Regents at its July 2019 meeting. If adopted at the July 2019 meeting, the proposed amendment will become effective on July 31, 2019.

The purpose of the proposed amendment to Section 80-1.5 of the Regulations of the Commissioner of Education is to reinstate the Educational Technology Specialist content specialty test (CST) safety net for candidates seeking Educational Technology Specialist certification until six months after the revised Educational Technology Specialist content specialty test is redeveloped and operational while the Department works with the field to make any necessary changes. The amendment does not impose any new 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 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 is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

This proposed amendment applies to all individuals in New York State who pursue a Educational Technology Specialist certificate in the classroom teaching service, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

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

The purpose of the proposed amendment to Section 80-1.5 of the Regulations of the Commissioner of Education is to reinstate the Educational Technology Specialist content specialty test (CST) safety net for candidates seeking Educational Technology Specialist certification.

There is a safety net in place for the Educational Technology Specialist content specialty test (CST) that allows candidates to take either the redeveloped CST or the predecessor CST. After this safety net expires on June 30, 2019, candidates will be required to take only the redeveloped CST.

Upon a review of the redeveloped Educational Technology Specialist CST, there has been a significant decrease in the pass rate. As a result, the Department believes it needs to review the examination to determine if revisions are needed and is proposing to reinstate the safety net until six months after the revised Educational Technology Specialist content specialty test is redeveloped and operational while the Department works with the field to make any necessary changes. For the safety net, candidates may take either the redeveloped CST or the predecessor CST. The safety net enables candidates to be held harmless while any necessary revisions are made to the redeveloped Educational Technology Specialist CST. The safety net gives candidates who do not pass the revised test the option of taking the same test again or the predecessor test.

3. COSTS:

The proposed amendment does not impose any costs on teacher certification candidates and/or the New York State school districts/BOCES who wish to hire them.

4. MINIMIZING ADVERSE IMPACT:

The Department believes that uniform standards for certification must be established across the State. Therefore, no alternatives were considered for those located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to Rural Advisory Committee for review and comment.

The purpose of the proposed amendment to section 80-1.5 of the Regulations of the Commissioner of Education is to reinstate the Educational Technology Specialist content specialty test (CST) safety net for candidates seeking Educational Technology Specialist certification until six months after the revised Educational Technology Specialist content specialty test is redeveloped and operational while the Department works with the field to make any necessary changes. 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.