Professional Development Plans and Other Related Requirements for School Districts and BOCES

NY-ADR

6/26/19 N.Y. St. Reg. EDU-40-18-00010-RP
NEW YORK STATE REGISTER
VOLUME XLI, ISSUE 26
June 26, 2019
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
REVISED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-40-18-00010-RP
Professional Development Plans and Other Related Requirements for School Districts and BOCES
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:
Proposed Action:
Amendment of sections 52.21, 75.8, 90.18, 100.2, 100.13, 100.15, 100.17, 100.19 200.2; Subparts 57-2, 151-1, 154-2; Parts 30, 80; repeal of sections 80-3.4(a)(1), 80-3.6, 80-3.10(a)(2)(i), (b)(1) and (c)(1) of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101, 207(not subdivided), 305, 3004, 3006, 3006-a and 3009
Subject:
Professional development plans and other related requirements for school districts and BOCES.
Purpose:
To improve the quality of teaching and learning for teachers and leaders for professional growth.
Substance of revised rule (Full text is posted at the following State website: http://www.counsel.nysed.gov/rules/full- text-indices):
The proposed amendments to subdivision 100.2(dd) are designed to create greater coherence with other statutory and Department initiatives related to ensuring that all educators – teachers, teaching assistants, and school leaders - have the knowledge and skills necessary to meet the needs of all students. Specifically, the amendments further align the Commissioner’s Regulations with requirements related to the Dignity for All Students Act (DASA), the Continuing Teacher and Leader Education (CTLE) statutory requirements, and the Department’s recently approved Every Student Succeeds Act (ESSA) plan. These changes include:
• A shift in terminology from professional development to professional learning, which is consistent with the changes to the standards adopted by the PSPB. This shift is more than just a change in language. Professional organizations and educational researchers, including Learning Forward, the Learning Policy Institute (LPI), and the Association for Supervision and Curriculum Development (ASCD), have adopted this change in language, which emphasizes the importance of educators taking an active role in their continuous development. Rather than being passive recipients of information, educators should be active partners in determining the content of their learning, how their learning occurs, and how they evaluate its effectiveness.
• Requires the professional learning plan to describe how professional learning related to educator practice and curriculum development are culturally responsive and reflect the needs of the community that the school district or BOCES serves.
• Clarifying the Department’s expectations regarding the use of data – both qualitative and quantitative – in determining appropriate professional learning and measuring its impact on educators and student learning, consistent with research on effective professional learning.
• Clarifying that professional learning plans must describe the professional learning opportunities that are available to teachers, teaching assistants, and school leaders, whereas the existing regulations do not consistently include references to educators other than teachers.
• Technical edits to remove references to dates, professional learning requirements for teachers, pupil personnel service providers and educational leaders, and certain structures in the New York City Department of Education that are no longer relevant.
Consistent with the shift in terminology from professional development to professional learning related to school district and BOCES professional learning plans, the amendments make conforming edits to other provisions of the Commissioner’s Regulations. Specifically, Sections 52.21, 57-2, 75.8, 80-1, 80-2, 80-3, 80-5, 80-6, 90.18, 100.2, 100.13, 100.15, 100.17, 100.19, 151-1, 154-2, and 200.2 of the Commissioner’s Regulations and 30-1, 30-2, and 30-3 of the Rules of the Board of Regents are amended to change references to professional development to professional learning. Additionally, Section 80-3.6 of the Commissioner’s Regulations, which prescribed professional development requirements for teachers through the 2016-17 school year, is repealed since that school year has ended and the section is no longer applicable. Conforming edits were also made to other sections of Part 80 consistent with the repeal of Section 80-3.6.
Revised rule making(s) were previously published in the State Register on
January 30, 2019.
Revised rule compared with proposed rule:
Substantial revisions were made in section 100.2(dd).
Text of revised proposed rule and any required statements and analyses may be obtained from
Kirti Goswami, NYS Education Department, 89 Washington Avenue, Office of Higher Education, Albany, NY 12234, (518) 473-2183, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Petra Maxwell, NYS Education Department, 89 Washington Avenue, Office of Higher Education, Albany, NY 12234, (518) 486-3633, email: petra.maxwell@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on January 30, 2019, the following substantial revisions were made to the proposed rule:
Require that the appointment of teachers to serve on the Professional Learning Team for the central office of the New York City Department of Education (NYCDOE) shall be upon designation by the teachers' collective bargaining organization; and
Removed the requirement that professional learning teams for each community school district, District 75, District 79, and the high school districts of the NYCDOE be a subcommittee of the District Leadership Team (DLT).
The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on January 30, 2019, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on January 30, 2019, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The above revisions to the proposed rule do not require any revisions to the previously published Rural Area Flexibility Analysis.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on January 30, 2019, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.
The revised proposed rule will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the revised proposed rule that it will not affect job and employment opportunities, no affirmative 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.
Assessment of Public Comment
1. COMMENT: Two commenters expressed concern regarding the fact that teachers who serve as members of the professional learning team for the central office of the NYCDOE are selected by the chancellor and not designated by the teachers’ collective bargaining organization, noting that this process is different than that for every other school district in New York State.
DEPARTMENT RESPONSE: The Department has revised the proposed amendment to require that teachers who serve as a member of the professional learning team for the central office of the NYCDOE be upon designation by the teachers’ collective bargaining organization consistent with the requirements for all other districts across the state.
2. COMMENT: One commenter expressed concern that the professional learning teams for each community school district, District 75, District 79, and the high school districts of the NYCDOE were to be a sub-committee of the District Leadership Team (DLT).
DEPARTMENT RESPONSE: The Department has revised the proposed amendment to remove this requirement to ensure that each local professional learning team can include representatives that can help to identify professional learning opportunities that will ensure all educators are able to meet the needs of all learners.
3. COMMENT: One commenter noted that the changes should not take effect until July 1st to give districts time to implement changes. The same commenter also believes that increasing the number of CTLE that can be claimed for mentoring is problematic.
DEPARTMENT RESPONSE: No changes are necessary. The earliest the proposed amendments can be permanently adopted by the Board is at its July meeting. Therefore, the changes will not take effect until after July 1. Regarding the decision to increase the number of CTLE hours that can be claimed for mentoring, the Department received many comments on both sides of this issue (see Assessment of Public Comment, Attachment D to January 2019 Regents Item: http://www.regents.nysed.gov/common/regents/files/119hed2.pdf. The proposed amendments reflect a compromise between those diverse perspectives.
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