At its February 2021 meeting, the Board of Regents permanently adopted amendments creating an edTPA safety net for candidates who: (i) complete a student teaching or similar clinical experience during the spring or summer 2020 terms while enrolled in a New York State registered teacher preparation program and could not complete their teacher performance assessment as a result of the COVID-19 crisis, as determined by the Dean or their designee overseeing the candidates’ program; (ii) complete a student teaching or similar clinical experience during the 2020-2021 academic year while enrolled in a New York State registered teacher preparation program; (iii) complete a student teaching experience during the 2020-2021 academic year while enrolled in a comparable out-of-state teacher preparation program; or (iv) complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2020-2021 academic year, holding those harmless who cannot complete the edTPA as a result of the COVID-19 crisis. These candidates are able to take and pass either the Assessment of Teaching Skills-Written (ATS-W) or edTPA to satisfy the teacher performance assessment requirement for certification. Eligible candidates who choose to take the edTPA, but do not pass it, could take and pass the ATS-W or pursue the edTPA Multiple Measures Review Process (MMRP), if they qualify.

To provide additional flexibility related to the teacher performance assessment requirement, the Department is proposing to extend the edTPA safety net to candidates who complete a student teaching or similar clinical experience during the 2021-2022 academic year while enrolled in a New York State registered teacher preparation program or a comparable out-of-state teacher preparation program, or complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2021-2022 academic year. During the 2021-2022 academic year, candidates who are in the last year of their teacher preparation program will likely not have a typical student teaching experience as schools respond to the effects of the COVID-19 crisis, which may adversely impact their ability to complete the edTPA.

Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (nonemergency) adoption, after publication in the State Register and expiration of the 60-day public comment period required in sections 201(1) and (5) of the State Administrative Procedure Act (SAPA) is the September 2021 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earliest effective date of the proposed rule, if adopted at the September 2021 Regents meeting, would be September 29, 2021, the date the Notice of Adoption would be published in the State Register.

Therefore, because the COVID-19 crisis is presently affecting the State of New York, emergency action is necessary at the April 2021 meeting for the preservation of the public health and general welfare in order to immediately provide additional flexibility related to the teacher performance assessment requirement in response to the COVID-19 crisis.

It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the September 2021 Regents meeting, which is the first scheduled meeting after the 60-day public comment period prescribed in SAPA for State agency rule making. Because the emergency action will expire before the September 2021 Regents meeting, it is anticipated that additional emergency actions will be presented for adoption at the June and July 2021 Regents meetings.

(ii) A candidate who: (i) completes a student teaching or similar clinical experience during the [Spring] spring 2020 or [Summer] summer 2020 terms while enrolled in a program registered pursuant to section 52.21 of this Title and could not complete their teacher performance assessment as a result of the COVID-19 crisis, as determined by the dean or his/her designee overseeing the candidate’s program; (ii) completes a student teaching or similar clinical experience during the 2020-2021 or 2021-2022 academic [year] years while enrolled in a program registered pursuant to section 52.21 of this Title; (iii) completes a student teaching experience during the 2020-2021 or 2021-2022 academic [year] years while enrolled in a substantially equivalent teacher education program at a regionally accredited institution of higher education, or a higher education institution that the commissioner deems substantially equivalent, from another state or territory of the United States or the District of Columbia that leads to certification in the title and type of certificate sought in the jurisdiction where the higher education institution is located; or (iv) completes the teaching experience requirement for certification through the individual evaluation pathway during the 2020-2021 or 2021-2022 academic [year] years, may either:

(a) take and receive a satisfactory level of performance on the teacher performance assessment;

(b) take the written assessment of teaching skills by September 1, [2023] 2024 and receive a satisfactory score on such assessment; or

(c) for a candidate who takes and fails to achieve a satisfactory level of performance on the teacher performance assessment, may, in lieu of retaking such assessment:

(1) take the written assessment of teaching skills by September 1, [2023] 2024 and receive a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment; or

(2) apply for a waiver of the edTPA requirement through the multiple-measures review process pursuant to subdivision (d) of this section, if he/she meets the eligibility requirements.

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 authorizes the Commissioner to enforce the educational policies of this State and execute all educational policies determined by the Regents and shall prescribe the licensing of teachers employed in this State.

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

Education Law § 3003 authorizes the Commissioner to issue permanent certificates to school superintendents.

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 districts from paying the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to provide additional regulatory flexibility related to the teacher performance assessment requirement in response to the COVID-19 crisis.

3. NEEDS AND BENEFITS:

On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020, the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. In response, the Department adopted emergency regulations at the April, May, June, July, September, October, November, and December 2020 Board of Regents meetings to address numerous issues resulting from interruptions caused by the COVID-19 crisis, including numerous amendments providing flexibility for institutions of higher education, certificate holders, applicants for certification, and candidates in educator preparation programs. To address additional issues resulting from the interruptions caused by the COVID-19 crisis, the Department is proposing further emergency regulatory amendments relating to higher education.

At its February 2021 meeting, the Board of Regents permanently adopted amendments creating an edTPA safety net for candidates who: (i) complete a student teaching or similar clinical experience during the spring or summer 2020 terms while enrolled in a New York State registered teacher preparation program and could not complete their teacher performance assessment as a result of the COVID-19 crisis, as determined by the Dean or their designee overseeing the candidates’ program; (ii) complete a student teaching or similar clinical experience during the 2020-2021 academic year while enrolled in a New York State registered teacher preparation program; (iii) complete a student teaching experience during the 2020-2021 academic year while enrolled in a comparable out-of-state teacher preparation program; or (iv) complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2020-2021 academic year, holding those harmless who cannot complete the edTPA as a result of the COVID-19 crisis. These candidates are able to take and pass either the Assessment of Teaching Skills-Written (ATS-W) or edTPA to satisfy the teacher performance assessment requirement for certification. Eligible candidates who choose to take the edTPA, but do not pass it, could take and pass the ATS-W or pursue the edTPA Multiple Measures Review Process (MMRP), if they qualify.

To provide additional flexibility related to the teacher performance assessment requirement, the Department is proposing to extend the edTPA safety net to candidates who complete a student teaching or similar clinical experience during the 2021-2022 academic year while enrolled in a New York State registered teacher preparation program or a comparable out-of-state teacher preparation program, or complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2021-2022 academic year. During the 2021-2022 academic year, candidates who are in the last year of their teacher preparation program will likely not have a typical student teaching experience as schools respond to the effects of the COVID-19 crisis, which may adversely impact their ability to complete the edTPA.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government.

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

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

d. Costs to regulating agencies for implementation and continued administration: There are no additional costs to the State Educaiton Department.

5. LOCAL GOVERNMENT MANDATES:

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

6. PAPERWORK:

The proposed amendments do not impose any additional paperwork requirements.

7. DUPLICATION:

The proposed amendments do not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The proposed amendments are necessary to provide additional regulatory flexibility related to the teacher performance assessment requirement in response to the COVID-19 crisis. There are no significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

The emergency rule will become effective April 13, 2021. It is anticipated that the proposed amendment will be presented to the Board of Regents for permanent adoption at its September 2021 meeting. If adopted at the September 2021 meeting, the proposed amendment will become effective as a permanent rule on September 29, 2021. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

The proposed amendment applies to all higher education institutions 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.

On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020, the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. In response, the Department presented, and the Board of Regents voted to adopt, numerous emergency regulations to address issues resulting from interruptions caused by the COVID-19 crisis and to provide regulatory flexibility during the crisis.

At its February 2021 meeting, the Board of Regents permanently adopted amendments creating an edTPA safety net for candidates who: (i) complete a student teaching or similar clinical experience during the Spring or Summer 2020 terms while enrolled in a New York State registered teacher preparation program and could not complete their teacher performance assessment as a result of the COVID-19 crisis, as determined by the Dean or their designee overseeing the candidates’ program; (ii) complete a student teaching or similar clinical experience during the 2020-2021 academic year while enrolled in a New York State registered teacher preparation program; (iii) complete a student teaching experience during the 2020-2021 academic year while enrolled in a comparable out-of-state teacher preparation program; or (iv) complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2020-2021 academic year, holding those harmless who cannot complete the edTPA as a result of the COVID-19 crisis. These candidates are able to take and pass either the Assessment of Teaching Skills-Written (ATS-W) or edTPA to satisfy the teacher performance assessment requirement for certification. Eligible candidates who choose to take the edTPA, but do not pass it, could take and pass the ATS-W or pursue the edTPA Multiple Measures Review Process (MMRP), if they qualify.

To provide additional flexibility related to the teacher performance assessment requirement, the Department is proposing to extend the edTPA safety net to candidates who complete a student teaching or similar clinical experience during the 2021-2022 academic year while enrolled in a New York State registered teacher preparation program or a comparable out-of-state teacher preparation program, or complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2021-2022 academic year. During the 2021-2022 academic year, candidates who are in the last year of their teacher preparation program will likely not have a typical student teaching experience as schools respond to the effects of the COVID-19 crisis, which may adversely impact their ability to complete the edTPA.

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 technical amendment that it will 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.

The purpose of the proposed amendments to the Regulations of the Commissioner of Education is to provide additional regulatory flexibility related to the teacher performance assessment requirement in response to the COVID-19 crisis. On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020, the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. In response, the Department presented, and the Board of Regents voted to adopt, numerous emergency regulations to address issues resulting from interruptions caused by the COVID-19 crisis and to provide regulatory flexibility during the crisis.

At its February 2021 meeting, the Board of Regents permanently adopted amendments creating an edTPA safety net for candidates who: (i) complete a student teaching or similar clinical experience during the Spring or Summer 2020 terms while enrolled in a New York State registered teacher preparation program and could not complete their teacher performance assessment as a result of the COVID-19 crisis, as determined by the Dean or their designee overseeing the candidates’ program; (ii) complete a student teaching or similar clinical experience during the 2020-2021 academic year while enrolled in a New York State registered teacher preparation program; (iii) complete a student teaching experience during the 2020-2021 academic year while enrolled in a comparable out-of-state teacher preparation program; or (iv) complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2020-2021 academic year, holding those harmless who cannot complete the edTPA as a result of the COVID-19 crisis. These candidates are able to take and pass either the Assessment of Teaching Skills-Written (ATS-W) or edTPA to satisfy the teacher performance assessment requirement for certification. Eligible candidates who choose to take the edTPA, but do not pass it, could take and pass the ATS-W or pursue the edTPA Multiple Measures Review Process (MMRP), if they qualify.

To provide additional flexibility related to the teacher performance assessment requirement, the Department is proposing to extend the edTPA safety net to candidates who complete a student teaching or similar clinical experience during the 2021-2022 academic year while enrolled in a New York State registered teacher preparation program or a comparable out-of-state teacher preparation program, or complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2021-2022 academic year. During the 2021-2022 academic year, candidates who are in the last year of their teacher preparation program will likely not have a typical student teaching experience as schools respond to the effects of the COVID-19 crisis, which may adversely impact their ability to complete the edTPA.

Thus, the proposed amendment does not adversely impact entities in rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken. Thus, a rural flexibility analysis is not required and one has not been prepared.

On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020, the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. In response, the Department presented, and the Board of Regents adopted, numerous emergency regulations to address issues resulting from interruptions caused by the COVID-19 crisis and to provide regulatory flexibility during the crisis.

At its February 2021 meeting, the Board of Regents permanently adopted amendments creating an edTPA safety net for candidates who: (i) complete a student teaching or similar clinical experience during the Spring or Summer 2020 terms while enrolled in a New York State registered teacher preparation program and could not complete their teacher performance assessment as a result of the COVID-19 crisis, as determined by the Dean or their designee overseeing the candidates’ program; (ii) complete a student teaching or similar clinical experience during the 2020-2021 academic year while enrolled in a New York State registered teacher preparation program; (iii) complete a student teaching experience during the 2020-2021 academic year while enrolled in a comparable out-of-state teacher preparation program; or (iv) complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2020-2021 academic year, holding those harmless who cannot complete the edTPA as a result of the COVID-19 crisis. These candidates are able to take and pass either the Assessment of Teaching Skills-Written (ATS-W) or edTPA to satisfy the teacher performance assessment requirement for certification. Eligible candidates who choose to take the edTPA, but do not pass it, could take and pass the ATS-W or pursue the edTPA Multiple Measures Review Process (MMRP), if they qualify.

To provide additional flexibility related to the teacher performance assessment requirement, the Department is proposing to extend the edTPA safety net to candidates who complete a student teaching or similar clinical experience during the 2021-2022 academic year while enrolled in a New York State registered teacher preparation program or a comparable out-of-state teacher preparation program, or complete the teaching experience requirement for certification through the Individual Evaluation pathway during the 2021-2022 academic year. During the 2021-2022 academic year, candidates who are in the last year of their teacher preparation program will likely not have a typical student teaching experience as schools respond to the effects of the COVID-19 crisis, which may adversely impact their ability to complete the edTPA.

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.