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 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 202(1) and (5), is the January 2017 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the January 2017 Regents meeting is January 25, 2017, the date a Notice of Adoption would be published in the State Register. However, emergency action is needed to ensure that candidates who take one of the revised CSTs are aware of the changes to the existing safety option for the CST—i.e., that candidates can take either the predecessor CST or the CST until June 30, 2017 for those CSTs already operational, and until June 30, 2019 for those CSTs which will become operational in November 2016.

It is anticipated that the emergency rule will be presented to the Board of Regents for adoption as a permanent rule at the January 2017 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act for proposed rulemakings.

(c) [Notwithstanding] Except as otherwise prescribed in this subdivision, notwithstanding any applicable provisions of Subparts 80-1, 80-3, 80-4 and 80-5 of this Part or any other provision of rule or regulation to the contrary, a candidate who applies for and meets all the requirements for a certificate on or before June 30, 2018, except that such candidate does not achieve a satisfactory level of performance on one or more of the new certification examinations (the academic literacy skills test and/or the teacher performance assessment) or the revised content specialty examination(s), as prescribed by the Commissioner, that is/are required for the certificate title sought, [and such examination(s) was/were taken and failed on or after September 1, 2013 through June 30, 2017] may instead use one or more of the following safety net options, in lieu of taking, retaking one or more of such new and/or revised certification examinations:

(1) . . .

(2) . . .

[(3) . . .]

(3) Content Specialty Test.

(i) Except as otherwise provided in subparagraphs (ii), (iii) and (iv) of this paragraph, a candidate who takes and fails to achieve a satisfactory level of performance on any of the revised content specialty examinations from May 1, 2015 through October 17, 2016, in the candidate’s certification area, may, in lieu of retaking such revised content specialty test:

(a) receive a satisfactory score on the predecessor content specialty examination after receipt of his/her failing score on the revised content specialty test; or

(b) pass the predecessor content specialty examination on or before the new certification examination requirements become operational.

(ii) A candidate who applies for certification on or after October 18, 2016 and/or who has a pending application for certification on file with the Office of Teaching Initiatives on October 18, 2016, as determined by the Department, may receive a satisfactory passing score on either the revised content specialty test or the predecessor content specialty exam (even if the candidate took and passed the predecessor examination on or before October 18, 2016) until June 30, 2017.

(iii) For revised content specialty tests that become operational on or after October 18, 2016, a candidate may take and receive a satisfactory passing score on either the revised content specialty test or the predecessor content specialty exam until June 30, 2019.

[(iii)] (iv) A candidate who takes and fails to achieve a satisfactory level of performance on part two of the new multi-subject: secondary teachers grade 7 - grade 12 content specialty test, if required for the certificate area sought and he/she received a satisfactory level of performance on parts one and three of such test on or after September 1, 2014 through [June 30, 2017] June 30, 2018, may, in lieu of retaking part two of such examination:

(a) present the Department with sufficient evidence of satisfactory completion of the mathematics tutorial approved by the Department prior to June 30, [2017] 2018; and

(b) submit an attestation on or before June 30, [2017] 2018, on a form prescribed by the Commissioner, attesting that the candidate has:

(i) demonstrated comparable mathematical skills to what is required by part two of the multi-subject (7-12) content specialty examination through course completion by completing a minimum of three semester hours in mathematics coursework satisfactory to the commissioner; and

(ii) received a cumulative grade of a 3.0 or higher, or the substantial equivalent, in such coursework.

1. STATUTORY AUTHORITY:

Education Law § 101(not subdivided) charges the Department with the general management and supervision 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 § 215 authorizes the Commissioner to require reports from schools under State educational supervision.

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

Education Law § 3004(1) authorizes the Commissioner to prescribe, subject to approval of the Regents, regulations governing the examination and certification of teachers.

Education Law § 3006(1) authorizes the Commissioner to issue teaching certificates.

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

2. LEGISLATIVE OBJECTIVES:

The proposed amendments to section 80-1.5 of the Regulations of the Commissioner of Education creates a new safety net that will allow candidates to take and pass either the revised content specialty test or the predecessor content specialty test for certification, for both the currently operational redeveloped CSTs and the newly operational CSTs. The safety net for the newly operational CSTs will expire on June 30, 2019, and the safety net for the currently operational CSTs will expire on June 30, 2017. The proposed amendment also extends the current safety net for the Multi-Subject 7-12 Part Two: mathematics CST until June 30, 2018.

3. NEEDS AND BENEFITS:

Current Safety Net Requirements:

Section 80-1.5 of the Commissioner’s regulations currently requires candidates to take and fail the redeveloped CST (where one is available) before qualifying for the safety net, which allows candidates to take and pass the predecessor CST in lieu of passing the revised CST for certification. The current safety net for all required teacher certification exams expires on June 30, 2017.

Proposed Amendment:

Safety Net for Newly Operational single subject CSTs:

For the 14 CSTs that will be released in November 2016, the Department is proposing a new safety net that will allow candidates to take and pass either the revised CST or the predecessor CST for certification. Based on concerns from the field, the Department believes this will provide teacher education programs with additional time to prepare for the revised CSTs. This policy serves to help relieve some of the financial burden on candidates because they will not be required to take and fail the revised CST before taking the predecessor CST. This safety net will expire on June 30, 2019.

Currently Operational Redeveloped single subject CSTs:

In making the change to the safety net for the newly operational CSTs (those being released in November 2016), the Department also proposes making conforming changes to the existing safety nets for the currently operational revised CSTs (those CSTs that became operational in September 2014 or 2015) to allow candidates who apply for certification on or after October 18, 2016 or who have a pending certification application with the Department to take and pass either the revised CST or the predecessor CST for certification (even if the candidate took and passed the predecessor examination on or before October 18, 2016). This safety net for those currently operational CSTs will expire on June 30, 2017. These safety nets will expire before the safety net for the newly revised tests (those being released in November 2016) because those students and institutions have already had time to prepare for the revised exams since those examinations will have been operational for over two years before the safety net expires.

Safety Net for the Multi-subject CSTs:

For MSTs B-2, 1-6, and 5-9, the Board of Regents enacted regulations for candidates who take and fail one or more parts of the MST B-2, 1-6, and 5-9, on or before June 30, 2017, to take and pass the predecessor Multi-Subject exam. The proposed amendment allows a candidate on or after October 18, 2016 through June 30, 2017, to receive either a satisfactory passing score on the revised MST B-2, 1-6, and 5-9 or the predecessor MST B-2, 1-6, and 5-9. This safety net will expire on June 30, 2017.

Safety Net for the Multi-Subject: Secondary Teachers Grade 7- grade 12 Specialty Test

In order to be eligible for the Multi-Subject: secondary teachers 7-12 (mathematics) safety net, a candidate must pass Part One (Literacy and English Language Arts) and Part Three (Arts and Sciences) of the Multi-Subject: Secondary Teachers Grade 7 - Grade 12 CST and then take and fail Part Two (Mathematics) of the CST and then complete a mathematics tutorial) that will be provided to candidates who qualify. The tutorial is intended to review mathematics lessons aligned to the New York State Learning Standards for mathematics comparable to the content on Part Two of the Multi-Subject: Secondary Teachers Grade 7 - Grade 12 test. The tutorial also prompts candidates to answer certain questions to review the skills needed to prepare them for the math portion of the Multi-Subject: Secondary Teachers Grade 7 - Grade 12.

Upon completion of the mathematics tutorial, candidates must then submit an attestation and transcript, attesting that they have completed at least one college mathematics course (3 semester hours) and received a grade of 3.0 or higher or the substantial equivalent in that course.

The Department is currently bringing together a team of educators to review Part II (the math component) of this examination to determine if it is of appropriate rigor. While the educator panel reviews this portion of the examination, the Department recommends extending this safety net until June 30, 2018.

4. COSTS:

a. Costs to State government: The amendment does not impose any costs on State government, including the State Education Department, beyond those costs imposed by the statute.

b. Costs to local government: The amendment does not impose any costs on local government, including school districts and BOCES, and teacher certification candidates. In fact, the proposed amendment may result in a cost savings to candidates because they will no longer be required to take and fail (and pay for) the revised CST before qualifying to take the predecessor safety net exam (and paying again to take the safety net exam).

c. Costs to private regulated parties: The amendment does 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 amendment does create any additional paperwork requirements on candidates seeking to take the teacher certification exams affected by the proposed changes.

7. DUPLICATION:

The rule does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The amendments seek to provide programs additional time to prepare their students for the content specialty tests. The safety net for the newly operational CSTs expires on June 30, 2019. In making the change to the safety net for the newly operational CSTs, the amendment also makes conforming changes to the existing safety nets for the currently operational CSTs to allow candidates who apply for certification on or after October 18, 2016 or who have a pending certification application with the Department to take and pass either the revised CST or the predecessor CST for certification (even if the candidate took and passed the predecessor examination on or before October 18, 2016). The conforming changes to the existing safety nets were proposed in order to create alternatives for the candidates, such that they may choose to take either the revised or the predecessor CST. There are no additional alternatives to this amendment.

9. FEDERAL STANDARDS:

There are no applicable Federal standards directly relating to the exam requirements for teacher certification.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be adopted by the Board of Regents as an emergency action at its October 2016 meeting, effective October 18, 2016. It is anticipated that the proposed amendment would come before the Board of Regents for permanent adoption at its January 2017 meeting. If adopted at the January 2017 meeting, the proposed amendment would then become effective as a permanent rule on January 25, 2017.

The purpose of the proposed amendment is to address concerns that programs have not had adequate time to prepare students for the new and revised certification exams—specifically the newly operational (November 2016) content specialty tests (CSTs). The proposed amendment allows TEACHING candidates to take and pass either the revised CST or the predecessor CST for certification, for all currently operational redeveloped CSTs and newly operational CSTs. The safety net for the newly operational CSTs will expire on June 30, 2019, and the safety net for the currently operational CSTs will expire on June 30, 2017. The proposed amendment also extends the current safety net for the Multi-Subject 7-12 Part Two: mathematics CST until June 30, 2018.

The proposed rule 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 amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and one were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to all candidates applying for teacher certification who take the content specialty tests (CSTs) between October 18, 2016 and June 30, 2017 (for currently operational CSTs) and until June 30, 2019 (for newly operational examinations), and those candidates who took and passed the predecessor CSTs on or before October 18, 2016, 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:

Current Safety Net Requirements:

Section 80-1.5 of the Commissioner’s regulations currently requires candidates to take and fail the redeveloped CST (where one is available) before qualifying for the safety net, which allows candidates to take and pass the predecessor CST in lieu of passing the revised CST for certification. The current safety net for all required teacher certification exams expires on June 30, 2017.

Proposed Amendment:

Safety Net for Newly Operational single subject CSTs:

For the 14 CSTs that will be released in November 2016, the Department is proposing a new safety net that will allow candidates to take and pass either the revised CST or the predecessor CST for certification. Based on concerns from the field, the Department believes this will provide teacher education programs with additional time to prepare for the revised CSTs. This policy serves to help relieve some of the financial burden on candidates because they will not be required to take and fail the revised CST before taking the predecessor CST. This safety net will expire on June 30, 2019.

Currently Operational Redeveloped single subject CSTs:

In making the change to the safety net for the newly operational CSTs (those being released in November 2016), the Department also proposes making conforming changes to the existing safety nets for the currently operational revised CSTs (those CSTs that became operational in September 2014 or 2015) to allow candidates who apply for certification on or after October 18, 2016 or who have a pending certification application with the Department to take and pass either the revised CST or the predecessor CST for certification (even if the candidate took and passed the predecessor examination on or before October 18, 2016). This safety net for those currently operational CSTs will expire on June 30, 2017. These safety nets will expire before the safety net for the newly revised tests (those being released in November 2016) because those students and institutions have already had time to prepare for the revised exams since those examinations will have been operational for over two years before the safety net expires.

Safety Net for the Multi-subject CSTs:

For MSTs B-2, 1-6, and 5-9, the Board of Regents enacted regulations for candidates who take and fail one or more parts of the MST B-2, 1-6, and 5-9, on or before June 30, 2017, to take and pass the predecessor Multi-Subject exam. The proposed amendment allows a candidate on or after October 18, 2016 through June 30, 2017, to receive either a satisfactory passing score on the revised MST B-2, 1-6, and 5-9 or the predecessor MST B-2, 1-6, and 5-9. This safety net will expire on June 30, 2017.

Safety Net for the Multi-Subject: Secondary Teachers Grade 7- grade 12 Specialty Test

In order to be eligible for the Multi-Subject: 7-12 Part Two: mathematics safety net, a candidate must pass Part One (Literacy and English Language Arts) and Part Three (Arts and Sciences) of the Multi-Subject: 7-12 and then take and fail Part Two (Mathematics) of the CST and then complete a mathematics tutorial that will be provided to candidates who qualify. The tutorial is intended to review mathematics lessons aligned to the New York State Learning Standards for mathematics comparable to the content on Part Two of the Multi-Subject: 7-12 test. The tutorial also prompts candidates to answer certain questions to review the skills needed to prepare them for the math portion of the Multi-Subject: 7-12.

Upon completion of the mathematics tutorial, candidates must then submit an attestation and transcript, attesting that they have completed at least one college mathematics course (3 semester hours) and received a grade of 3.0 or higher or the substantial equivalent in that course.

The Department is currently bringing together a team of educators to review Part Two (the math component) of this examination to determine if it is of appropriate rigor. While the educator panel reviews this portion of the examination, the Department recommends extending this safety net until June 30, 2018. No professional services are needed to comply with the proposed amendment.

3. COSTS:

The proposed amendment does not impose any costs on State government or local governments, including those located in rural areas of the State, beyond those imposed by statute.

4. MINIMIZING ADVERSE IMPACT:

The amendments seek to provide programs additional time to prepare their students for the CSTs. The safety net for the newly operational CSTs expires on June 30, 2019. In making the change to the safety net for the newly operational CSTs, the amendment also makes conforming changes to the existing safety nets for the currently operational CSTs to allow candidates who apply for certification on or after October 18, 2016 or who have a pending certification application with the Department to take and pass either the revised CST or the predecessor CST for certification (even if the candidate took and passed the predecessor examination on or before October 18, 2016). The conforming changes to the existing safety nets were proposed in order to create alternatives for the candidates, such that they may choose to take either the revised or the predecessor CST. There are no additional alternatives to this amendment.

5. RURAL AREA PARTICIPATION:

The Department has sent a copy of the proposed amendment to the Rural Advisory Committee for comment.

The purpose of the proposed amendment is to address concerns that programs have not had adequate time to prepare students for the new and revised certification exams—specifically the newly operational (November 2016) content specialty tests (CSTs). The proposed amendment allows candidates to take and pass either the revised CST or the predecessor CST for certification, for all currently operational redeveloped CSTs and newly operational CSTs. The safety net for the newly operational CSTs will expire on June 30, 2019, and the safety net for the currently operational CSTs will expire on June 30, 2017. The proposed amendment also extends the current safety net for the Multi-Subject 7-12 Part Two: mathematics CST until June 30, 2018. While the proposed rule may increase the number of qualified certified teachers to fill jobs in New York State, it will have no impact on the number of jobs or employment opportunities in New York State beyond those imposed by statute. 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.