Reinstatement of the Educational Technology Specialist Content Specialty Test Safety Net for Ca...

NY-ADR

6/27/18 N.Y. St. Reg. EDU-26-18-00005-EP
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 26
June 27, 2018
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-26-18-00005-EP
Filing No. 536
Filing Date. Jun. 12, 2018
Effective Date. Jul. 01, 2018
Reinstatement of the Educational Technology Specialist Content Specialty Test Safety Net for Candidates Seeking Certification
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 80-1.5 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207, 305, 3001, 3003, 3004 and 3009
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The Department is proposing a safety net for candidates seeking certification as Educational Technology Specialists until June 30, 2019 while the Department reviews the pass rates for the examination to determine if revisions are needed to the redeveloped test. The safety net will hold candidates harmless and allow them to take and pass either the predecessor or the redeveloped content specialty test while the Department conducts this review process.
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 September 2018 Regents meeting. Furthermore, pursuant to SAPA Section 203(1), the earliest effective date of the proposed amendment, if adopted at the September Regents meeting, is October 3, 2018, the date a Notice of Adoption would be published in the State Register. However, because the previous safety net has expired, emergency action is necessary now for the preservation of the general welfare in order to ensure that the reinstated safety net becomes effective immediately so candidates can be held harmless during the Department’s review of the Educational Technology Specialist content specialty test and while any necessary revisions are made to such examination.
Subject:
Reinstatement of the Educational Technology Specialist Content Specialty Test Safety Net for Candidates Seeking Certification.
Purpose:
To allow candidates to take either the redeveloped CST or the predecessor CST.
Text of emergency/proposed rule:
Paragraph (2) of subdivision (c) of section 80-1.5 of the Regulations of the Commissioner of Education shall be amended to read as follows:
(2) 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, may, in lieu of retaking such revised content specialty examination:
(a) . . .
(b) . . .
(ii) . . .
(iii) For revised content specialty tests that [become] 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.
(iv) . . .
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire September 9, 2018.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, NYS Education Department, 89 Washington Avenue, Room 112, Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Rebecca Coyle, NYS Education Department, Office of Higher Education, 89 Washington Avenue, Room 975 EBA, Albany, NY 12234, (518) 473-9763, email: rebecca.coyle@nysed.gov
Public comment will be received until:
60 days after publication of this notice.
Regulatory Impact Statement
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 210 (not subdivided) authorizes the Regents to register domestic and foreign institutions in terms of New York standards.
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 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 was a safety net in place for the Educational Technology Specialist content specialty test (CST) that allowed candidates to take either the redeveloped CST or the predecessor CST. After this safety net expired on June 30, 2017, candidates have been required to take only the redeveloped CST.
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 through June 30, 2019 while it 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:
If adopted as an emergency action by the Board of Regents at its June meeting, the proposed amendment will be effective on July 1, 2018. It is anticipated that the proposed amendment will be permanently adopted by the Board of Regents at its September 2018 meeting. If adopted at the September meeting, the proposed amendment will become effective on October 3, 2018.
Regulatory Flexibility Analysis
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 was a safety net in place for the Educational Technology Specialist content specialty test (CST) that allowed candidates to take either the redeveloped CST or the predecessor CST. After this safety net expired on June 30, 2017, candidates have been 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 adjustments are needed and is proposing to reinstate the safety net through June 30, 2019 while it 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 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.
Rural Area Flexibility Analysis
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 was a safety net in place for the Educational Technology Specialist content specialty test (CST) that allowed candidates to take either the redeveloped CST or the predecessor CST. After this safety net expired on June 30, 2017, candidates have been 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 through June 30, 2019 while it 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.
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.
Job Impact Statement
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 was a safety net in place for the Educational Technology Specialist content specialty test (CST) that allowed candidates to take either the redeveloped CST or the predecessor CST. After this safety net expired on June 30, 2017, candidates have been 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 adjustments are needed and is proposing to reinstate the safety net through June 30, 2019 while it 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.
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.
End of Document© 2018 Thomson Reuters. No claim to original U.S. Government Works.