(a) The Board of Regents, upon nomination of the Commissioner of Education, shall appoint a State professional standards and practices board for teaching to consist of [28] 30 members. The board shall serve in a consultative and advisory capacity to the Regents and the commissioner on matters pertaining to teacher education, certification and practice and shall carry on such specific duties as are assigned by the Board of Regents and the commissioner. The State professional standards and practices board for teaching shall be the successor board to the teacher education, certification and practice board.

2. Paragraph (1) of subdivision (h) of Section 3.14 of the Rules of the Board of Regents shall be amended to read as follows:

(h)(1) Twenty-[one]three members of the board shall be educators practicing in the State, meaning: certified teachers, school building or district administrators serving in schools in New York State; or faculty engaged in preparing teachers (including liberal arts and sciences faculty) in higher education institutions in New York State that prepare teachers; or presidents or chief academic officers of higher education institutions in New York State that prepare teachers. Of these [21] 23 educators practicing in the State, at least 11 shall be practicing, certified teachers in elementary, middle or secondary schools; at least four shall be practicing, certified school building or district administrators in schools or districts; and at least seven shall be representatives of higher education institutions that prepare teachers, including at least one president or chief academic officer; provided that at least [14] 15 of the [21] 23 educators shall have had full-time experience as certified teachers in elementary, middle or secondary schools.

1. STATUTORY AUTHORITY:

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 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 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 3.14 of the Rules of the Board of Regents relating to the composition of the Professional Standards and Practices Board (PSPB) for Teaching is to allow the PSPB to have at least four members be practicing, certified school building or district administrators in schools or districts. By requiring at least four administrators on the Board, the Professional Practices subcommittee is likely to have the two administrators needed at any given meeting to hear moral character cases.

3. NEEDS AND BENEFITS:

To accommodate four administrators on the PSPB, the required number of members practicing in New York State on the Board would need to increase from 21 to 23. This group of 23 members would continue to reflect the current requirement of at least 11 certified teachers and at least seven representatives of higher education institutions that prepare teachers but would now also include at least four administrators.

Increasing the number of members practicing in New York State from 21 to 23 would require increasing the total number of Board members from 28 to 30. The Department is additionally proposing to require at least 15, instead of 14, of the 23 members (half of a 30-member Board) to have had full-time experience as certified teachers in elementary, middle, or secondary schools.

4. COSTS:

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

b. Costs to local government: The amendment does not impose any costs on local government.

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 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 flexible teaching education standards are required across the State, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

Following the 60-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its June 2020 meeting. If adopted at the June 2020 meeting, the proposed amendment will become effective on June 24, 2020.

The purpose of the proposed amendment to Section 3.14 of the Rules of the Board of Regents relating to the composition of the Professional Standards and Practices Board for Teaching is to allow the PSPB to have at least four members be practicing, certified school building or district administrators in schools or districts. By requiring at least four administrators on the Board, the Professional Practices subcommittee is likely to have the two administrators needed at any given meeting to hear moral character cases.

To accommodate four administrators on the PSPB, the required number of members practicing in New York State on the Board would need to increase from 21 to 23. This group of 23 members would continue to reflect the current requirement of at least 11 certified teachers and at least seven representatives of higher education institutions that prepare teachers but would now also include at least four administrators.

Increasing the number of members practicing in New York State from 21 to 23 would require increasing the total number of Board members from 28 to 30. The Department is additionally proposing to require at least 15, instead of 14, of the 23 members (half of a 30-member Board) to have had full-time experience as certified teachers in elementary, middle, or secondary schools.

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 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.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all educators 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 3.14 of the Rules of the Board of Regents relating to the composition of the Professional Standards and Practices Board for Teaching is to allow the PSPB to have at least four members be practicing, certified school building or district administrators in schools or districts. By requiring at least four administrators on the Board, the Professional Practices subcommittee is likely to have the two administrators needed at any given meeting to hear moral character cases.

To accommodate four administrators on the PSPB, the required number of members practicing in New York State on the Board would need to increase from 21 to 23. This group of 23 members would continue to reflect the current requirement of at least 11 certified teachers and at least seven representatives of higher education institutions that prepare teachers but would now also include at least four administrators.

Increasing the number of members practicing in New York State from 21 to 23 would require increasing the total number of Board members from 28 to 30. The Department is additionally proposing to require at least 15, instead of 14, of the 23 members (half of a 30-member Board) to have had full-time experience as certified teachers in elementary, middle, or secondary schools.

3. COSTS:

The proposed amendments do not impose any costs on PSPB candidates and/or the New York State school districts or the BOCES.

4. MINIMIZING ADVERSE IMPACT:

The Department believes that by simply requiring at least four administrators on the Board, the Professional Practices subcommittee is more likely to have the two administrators needed at any given meeting to hear moral character cases.

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 the School Administrator Association of New York State whose membership administrators who live or work in rural areas.

The purpose of the proposed amendment to section 3.14 of the Rules of the Board of Regents relating to the composition of the Professional Standards and Practices Board for Teaching is to allow the PSPB to have at least four members be practicing, certified school building or district administrators in schools or districts. By requiring at least four administrators on the Board, the Professional Practices subcommittee is likely to have the two administrators needed at any given meeting to hear moral character cases.

To accommodate four administrators on the PSPB, the required number of members practicing in New York State on the Board would need to increase from 21 to 23. This group of 23 members would continue to reflect the current requirement of at least 11 certified teachers and at least seven representatives of higher education institutions that prepare teachers but would now also include at least four administrators.

Increasing the number of members practicing in New York State from 21 to 23 would require increasing the total number of Board members from 28 to 30. The Department is additionally proposing to require at least 15, instead of 14, of the 23 members (half of a 30-member Board) to have had full-time experience as certified teachers in elementary, middle, or secondary schools.

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.