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 edTPA safety net will expire on June 30, 2018, emergency action is necessary now for the preservation of the general welfare in order to ensure that the safety net remains in effect on July 1, 2018 until it can be adopted as a permanent rule and to ensure that the edTPA safety net remains in effect for candidates who receive a failing score on the Library Specialist edTPA from July 1, 2018 through September 30, 2019, so candidates can be held harmless during the handbook revision process.

(1) Teacher performance assessment. [A] Except as otherwise provided in subparagraph (iii) of this paragraph, a candidate who takes and fails to achieve a satisfactory level of performance on the teacher performance assessment (after completing and submitting for scoring the teacher performance assessment), may, in lieu of retaking the teacher performance assessment:

(i) receive a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to June 30, 2018; or

(ii) pass the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective), provided the candidate has taken and failed the teacher performance assessment prior to June 30, 2018.

(iii) A candidate who takes and fails to achieve a satisfactory level of performance on the Library Specialist teacher performance assessment (after completing and submitting for scoring the Library Specialist teacher performance assessment), may, in lieu of retaking the Library Specialist teacher performance assessment:

(a) receive a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the Library Specialist teacher performance assessment and prior to September 30, 2019; or

(b) pass the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective), provided the candidate has taken and failed the Library Specialist teacher performance assessment prior to September 30, 2019.

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 extend the edTPA safety net for candidates who receive a failing score on the Library Specialist edTPA until September 30, 2019. The edTPA is a requirement for certification in the classroom teaching service for most candidates in New York State.

3. NEEDS AND BENEFITS:

The Department is proposing to extend the safety net expiration date for candidates who receive a failing score on the Library Specialist edTPA to September 30, 2019 while SCALE revises the edTPA Library Specialist handbook. By extending the expiration date, the safety net will be available to candidates who use the current edTPA Library Specialist handbook and give them time to take the ATS-W if they do not earn a passing score. The safety net enables candidates to be held harmless during the handbook revision process.

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.

The purpose of the proposed amendment to Section 80-1.5 of the Regulations of the Commissioner of Education is to extend the edTPA safety net for candidates who receive a failing score on the Library Specialist edTPA. The edTPA is a requirement for certification in the classroom teaching service for most candidates in New York State.

The Department is proposing to extend the safety net expiration date until September 30, 2019 while SCALE revises the edTPA Library Specialist handbook. By extending the expiration date, the safety net will be available to candidates who use the current edTPA Library Specialist handbook and give them time to take the ATS-W if they do not earn a passing score. The safety net enables candidates to be held harmless during the handbook revision process.

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 Library Media 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 extend the edTPA safety net for candidates who receive a failing score on the Library Specialist edTPA. The edTPA is a requirement for certification in the classroom teaching service for most candidates in New York State. This national teacher performance assessment evaluates candidates’ ability to plan, implement, and assess lessons. The Stanford Center for Assessment, Learning, and Equity (SCALE) developed the edTPA handbooks that describe the tasks to be performed and updates the handbooks annually in response to candidate performance data and feedback from educator preparation programs across the country.

Candidates who do not pass the edTPA may take advantage of the safety net through June 30, 2018. For the safety net, teacher candidates must have passed the Assessment of Teaching Skills – Written (ATS-W) after receiving their failing edTPA score on or before April 30, 2014.

The Department is proposing to extend the safety net expiration date for candidates who receive a failing score on the Library Specialist edTPA from July 1, 2018 to September 30, 2019 while SCALE revises the edTPA Library Specialist handbook. By extending the expiration date, the safety net will be available to candidates who use the current edTPA Library Specialist handbook and give them time to take the ATS-W if they do not earn a passing score. The safety net enables candidates to be held harmless during the handbook revision process.

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 extend the edTPA safety net for candidates who receive a failing score on the Library Specialist edTPA. The edTPA is a requirement for certification in the classroom teaching service for most candidates in New York State. This national teacher performance assessment evaluates candidates’ ability to plan, implement, and assess lessons. The Stanford Center for Assessment, Learning, and Equity (SCALE) developed the edTPA handbooks that describe the tasks to be performed and updates the handbooks annually in response to candidate performance data and feedback from educator preparation programs across the country.

The Department is proposing to extend the safety net expiration date to September 30, 2019 while SCALE revises the edTPA Library Specialist handbook. By extending the expiration date, the safety net will be available to candidates who use the current edTPA Library Specialist handbook and give them time to take the ATS-W if they do not earn a passing score. The safety net enables candidates to be held harmless during the handbook revision process.

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.