As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2025, which is no later than the 3rd year after the year in which this rule is being adopted.

This assessment summarizes the comments received on the proposed rule, published December 29, 2021. Please refer to the full Assessment of Public Comment for the Department’s complete assessment of public comment at: http://www.counsel.nysed.gov/rules/full-text-indices.

1. COMMENT: More than 170 commenters support the proposed regulatory amendment to eliminate the edTPA certification requirement and/or require that New York State registered teacher preparation programs integrate a teacher performance assessment into the candidates’ student teaching, practicum, or similar clinical experience. The reasons for support include, but are not limited to that the edTPA is unnecessary, not appropriate, expensive, time-consuming and complex, stressful, a barrier to certification, impede efforts to diversify the teaching force, difficult for candidates whose primary language is not English, difficult to compete successfully without support and guidance. The reasons for their support are more fully provided in the complete Assessment of Public Comment published on the Department’s website at: http://www.counsel.nysed.gov/rules/full-text-indices.

DEPARTMENT RESPONSE: These comments are supportive of the proposed rule; therefore, no changes are necessary. The Department notes that qualifications for edTPA scorers are identified on the Pearson website.

2. COMMENT: Several commenters request that particular groups of candidates not be required to complete the edTPA requirement for certification. One commenter requested that the edTPA safety nets be extended until the new process is in place in September 2023.

DEPARTMENT RESPONSE: If the proposal is approved, there would no longer be an edTPA requirement for candidates on the effective date of the proposal. New York State-registered teacher preparation programs would have until September 1, 2023 to integrate a teacher performance assessment into candidates’ student teaching, practicum, or similar clinical experience. Candidates would not need to avail themselves of the edTPA safety net once the proposal is in effect because they would no longer be required to complete the edTPA for certification. There will be a transition period where candidates are not required to complete the edTPA while programs develop or choose their teacher performance assessment; therefore, no changes to the proposed rule are necessary.

3. COMMENT: Several commenters support the proposed regulatory amendment and offered recommendations related to the proposal, including, but not limited to:

• Having a senior teacher or administrator fill out the teacher performance assessment during a designated period of time;

• Establishing safeguards to prevent a supervising teacher from having too much input into the assessment process;

• Having the prospective teacher assessed using an observation format that resembles what they will see in the field: an administrator observing them and scoring their performance with the Danielson rubri;

• Asking that candidates not be made to work extra hours with kids because it will spread COVID-19;

• Requiring that the observation is conducted in person by two people, an advisor from the teacher candidate’s state approved teacher preparation program and a representative from the New York State Education Department;

• Bringing back a state assessment rather than the edTPA;

• Requiring a basic exam on teaching material that will help for teaching;

• Eliminating the edTPA and allow individuals pursuing a career in education to take the Assessment of Teaching Skills – Written (ATS-W);

• Replacing the edTPA with something that holds New York teachers to high standards, but that is less complex for new teachers to complete;

• Replacing the edTPA with a course that will be enjoyable, more reasonable, and not serve as the cause of undue stress;

• If a student has a 3.5 GPA in their education courses or higher, they should be able to receive a NYS teaching license.

DEPARTMENT RESPONSE: The comments are supportive of the proposed rule. Some comments provide suggestions for the proposed teacher performance assessment in New York State registered teacher preparation programs; these which are beyond the scope of the proposed regulatory amendment. Other suggestions indicate that commenters may not recognize that the proposed regulatory amendment would replace the edTPA certification requirement with a teacher performance assessment in registered New York State registered teacher preparation programs, as evidenced by providing alternatives to the edTPA. Therefore, no changes to the proposed rule are necessary.

4. COMMENT: Several commenters support the proposed regulatory amendment and made recommendations or other comments unrelated to the proposal as more fully stated in the full text of the Assessment of Public Comment on the Department’s website at: http://www.counsel.nysed.gov/rules/full-text-indices

DEPARTMENT RESPONSE: The comment is supportive of the proposed rule. However, the recommendations and other comments are outside the scope of the proposed regulation; therefore, no changes to the proposed rule are necessary.

5. COMMENT: Fifteen commenters do not support the proposed regulatory amendment to eliminate the edTPA certification requirement and/or require that New York State registered teacher preparation programs integrate a teacher performance assessment into the candidates’ student teaching, practicum, or similar clinical experience. The reasons stated for not supporting the proposal include, but are not limited to, that the edTPA is an assessment that measures the skills that a good teacher needs; the proposal waters down teaching standards; the edTPA is a profession-wide recognition; and the proposal is unfair.

DEPARTMENT RESPONSE: The proposal to replace the edTPA certification requirement with a teacher performance assessment requirement in New York State registered teacher education programs maintains standards for candidates who are seeking certification and the integrity of the teaching profession in the State. The proposed definition of a teacher performance assessment ensures that programs will develop or choose a multi-measure assessment where candidates demonstrate the pedagogical knowledge and skills identified in the New York State Teaching Standards and their content knowledge and skill in teaching to the State learning standards. Although the teacher performance assessment will vary across programs, all must meet this high standard while meeting the needs of local candidates.

Despite a handful of positive comments, the public comments overwhelmingly illustrate many issues with the edTPA as a certification requirement in New York State. The Department has determined that these deficiencies outweigh the potential benefits of the assessment as a statewide certification requirement. Programs that wish to require the edTPA as their teacher performance assessment will not be precluded from doing so when this amendment goes into effect. Therefore, no changes to the proposed rule are necessary.

6. COMMENT: Commenter believes that anyone who took the edTPA needs to be compensated for the $300 assessment fee if the proposal is approved. One of the commenters also thinks an apology should be issued for forcing teachers to waste their time on an assessment that was clearly implemented to profit the developer of the edTPA.

DEPARTMENT RESPONSE: Candidates who paid the $300 edTPA assessment fee and submitted their assessment for scoring would not receive a refund because they paid for services rendered by the testing vendor. Candidates who paid the $300 edTPA assessment fee and have not submitted their assessment for scoring should review the edTPA refund policy that is described on the edTPA website. The website explains how individuals can receive a partial fee refund. Please note that a refund is not available once an assessment is submitted for scoring.

The edTPA became a requirement for certification for legitimate pedagogical and professional reasons, including the promotion of candidates’ professional development. The suggestion that the Department implemented the requirement to enrich the testing vendor is frivolous; as indicated above, some commenters strongly believe that the edTPA should remain mandatory. The current proposal eliminates the edTPA requirement for certification in response to feedback from the field and the current challenges facing the teaching profession. Therefore, no changes to the proposed rule are necessary.

7. COMMENT: Several commenters who do not support the proposed regulatory amendment also made recommendations or other comments related to the proposal, including:

• Reducing or eliminating the fee, offer more vouchers, repay teachers who had to take the test;

• Requiring less tests and more performance evaluations;

• Developing a new edTPA 2.0 that is streamlined culturally/socially responsive assessment that will abbreviate some of the commentaries, simplify the wording to make it more accessible, and lessen the load of completing the assessment;

• Improving the edTPA;

• Modifying teacher coursework;

• In lieu of discontinuing the edTPA, expand effective programs that lead to the recruitment and the retention of high-quality educators; ensure the Fiscal Year 2023 adopted budget includes a state teacher residency program; collect and use data to examine school district recruitment, interview, and hiring practices; recruit strong school leaders; expand mental health support for all school staff; support districts by creating affinity groups for teachers, assistant principals, and principals, especially those of color; and invest in mentorship and career ladders for current and aspiring teacher, school, and district leaders;

• Repaying and extending continuing teacher and leader education (CTLE) credits should be offered to those teachers who completed the program.

DEPARTMENT RESPONSE: There are a limited number of assessment fee vouchers for candidates with financial need at New York State institutions of higher education. The Department does not control the fee for the edTPA, including if the fee would be eliminated or waived.

The proposal does not add another test for certification. Rather, the proposal replaces the edTPA certification requirement with a teacher performance assessment requirement in New York State registered teacher education programs that would be integrated into the candidates’ student teaching, practicum, or similar clinical experience.

As described by a commenter, edTPA 2.0 would not address the many issues identified in the public comments with the edTPA as a certification requirement in New York State. Similarly, increasing efforts to work with candidates and faculty on the edTPA would not address the many issues identified in the public comments.

The Department continually reviews the teacher preparation program requirements to streamline certification while maintaining high standards for candidates. The Department is also investigating ways to improve teacher recruitment and retention and will consider the recommendations in these areas presented by one of the commenters.

The proposed definition of a teacher performance assessment ensures that New York State registered teacher preparation programs will be developing or choosing a multi-measure assessment where candidates demonstrate the pedagogical knowledge and skills identified in the New York State Teaching Standards and their content knowledge and skill in teaching to the State learning standards. For candidates seeking their first Initial teaching certificate, programs must integrate this assessment into the candidates’ student teaching, practicum, or similar clinical experience.

Please also see Department Response #6 regarding repayment for the edTPA assessment fee if the proposal is approved. No changes to the proposed rule are necessary.

8. COMMENT: One commenter who does not support the proposed regulatory amendment also made comments unrelated to the proposal. Specifically, the commenter stated that the Office of Teaching Initiatives (OTI) needs to be evaluated and given feedback to improve their process.

DEPARTMENT RESPONSE: The comments are outside the scope of the proposed regulation; therefore, no changes to the proposed rule are necessary. However, the Department has committed to improving its customer service, including that offered by OTI, and streamlining the certification process.

9. COMMENT: Commenter requested that the Department provide clear guidance and professional development to teacher preparation programs on the development of an appropriate performance assessment and that such assessment allow for flexibility so that it can be completed in a remote instruction situation, citing the need to ensure that teacher candidates have the skills to be effective teachers across teaching and learning formats.

DEPARTMENT RESPONSE: The proposed regulatory amendment includes a definition of a teacher performance assessment that New York State registered teacher preparation programs would use to develop or choose their teacher performance assessment. Programs would have the flexibility to develop or choose an assessment that meets the needs of their candidates. The definition does not preclude programs having candidates complete the assessment in a remote instruction situation. If the proposal is approved, the Department will provide next steps to programs regarding any teacher performance assessment information they will need to submit to the Office of College and University Evaluation (OCUE). Therefore, no changes to the proposed rule are necessary.