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 3001 establishes the qualifications of teachers in the classroom.

Education Law 3003 establishes the qualifications of superintendents in the state and requires that superintendent to possess a certificate issued by the Department.

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 proposed rule is necessary to implement recommendations from the edTPA Task Force, which was reconvened at the request of the Board of Regents, to establish a multiple measures review process for the edTPA for certain candidates to seek a waiver from the edTPA examination requirement for initial certification as a teacher in this State.

3. NEEDS AND BENEFITS:

New and revised certification exams were released to the field in May 2014, including the edTPA.

The edTPA, a subject-specific multi-measure performance assessment, is comprised of three tasks: (i) planning instruction and examination; (ii) instructing and engaging students in learning; and (iii) assessing student learning. It was developed by Stanford University in partnership with the American Association of Colleges for Teacher Education (AACTE).

Commencing in May 2014, a safety net for the edTPA was established—candidates who do not pass the edTPA can take and pass the Assessment of Teaching Skills – Written (ATS-W). The Board of Regents also established an edTPA Task Force which included representatives from CUNY, SUNY, cIcu, the Teacher Education Advisory Group, the United University Professions, the Professional Staff Congress and P-12. The edTPA safety net (along with the other safety nets for the teacher certification exams) was extended until June 30, 2017 at the April 2016 Board of Regents meeting.

The edTPA Task Force was reconvened by request of the members of the Board of Regents in January 2016. Beginning in May 2016, the Task Force began to review the edTPA, as well as other teacher certification exams. Conversations were led by co-chairs, Dr. David Cantaffa (Assistant Provost for Educator Preparation, SUNY) and Dr. Jamie Dangler (Vice President for Academics, UUP). This work was also informed by the gathering of information across the State of New York by the Higher Education Committee chairs, Regents Cashin and Collins. Several other members of the NYS Board of Regents and the NYS Commissioner of Education participated in public forums over the past year to discuss the teacher certification exams.

Recommendations from the edTPA Task Force:

At the January 2017 Board of Regents meeting, the co-chairs of the edTPA Task Force presented their recommendations. The recommendations encompassed the edTPA as well as the other certification exams. Please see Related Regents Items section for the report of the Task Force for a chart outlining the recommendations from the Task Force.

(1) The first recommendation was for the Department to establish a standard setting committee to determine if the passing score for the edTPA should be reset and gradually phased in over several years. The Department is working with SCALE and the testing vendor to establish a timeline for implementation and convene a standard setting committee. Our goal is for the Commissioner to implement a new cut score in the fall of 2017, after a recommendation from the standard setting panel.

(2) As a part of the first recommendation, the Task Force has asked the Department to implement a multiple measures review process in cases where there is compelling evidence that the candidate is ready to teach but did not achieve a passing score on the edTPA. In order to request a multiple measures review, the candidate must score within one standard deviation of the passing score as established by the standard setting committee, and must demonstrate that they have the knowledge, skills, and abilities to become a teacher of record. A regulatory change is necessary to implement this process, and is recommended to the board. Such multiple measures would include:

• Recommendation(s) from college/university faculty who have been responsible for program-level assessment of a teacher candidate’s clinical practice.

• Recommendations from the teacher candidate’s cooperating teacher(s).

• GPA - must have a GPA of 3.0 or higher in their program area, or the substantial equivalent as determined by the Commissioner.

• Have achieved a passing score on the other New York State Teacher Certification Exams (e.g., Educating All Students exam, Content Specialty Tests).

• Recommendations from faculty and cooperating teachers or other qualified individuals, as determined by the Department, that the teacher has the minimum knowledge, skills and abilities in pedagogy to enter the classroom.

A panel consisting of two P-12 teachers, two principals, two superintendents, two higher education faculty, and one NYSED staff member will review any waiver applications submitted to the Department on a periodic basis, as needed.

(3) The Task Force requested that the Department work with SCALE and the testing vendor to release the qualifications of scorers through an annual report of de-identified individual level information, such as institution/organization affiliation, subject area and grade area, years of experience as an educator, baseline demographics, and length of time as an edTPA scorer. The Department will work with SCALE and the testing vendor to determine what level of scorer information can be released in an annual report.

(4) The Task Force has asked the Department to work with the field, SCALE, and the testing vendor to develop and implement a process to review specific edTPA handbooks. The process would entail a review of the claims brought forth by education professionals in a specific certification area, with possible outcomes of this process as follows:

i. NYSED and representatives of the certification area will work with SCALE to substantively revise the applicable edTPA handbook.

ii. If handbook revision is not feasible for the certification area under evaluation, the Commissioner of Education may approve an alternative performance assessment for this certification area.

No regulatory change is needed to develop and implement this process, and the Department has already started having conversations with SCALE and the testing vendor to establish this review process.

(5) The Task Force has asked the Department to convene a clinical practice work group to review the length and requirements of student teaching. The Department will invite members of P-12 and higher education to be a part of this work group. Ultimately, the work group will make recommendations to the Board of Regents to amend the current requirements. At that time, a regulation change would be needed.

(6) The Task force recommends increasing the voucher program. While no regulation change is needed, this is a part of the Regents budget request.

(7) The Task Force recommends that the Department work with the testing vendor to review the Educating All Students (EAS) exam. The review will focus on the constructed response items and will potentially result in revising a portion of the assessment so that it assesses both the candidate’s ability to serve a diverse student body and assess the potential teacher’s literacy skills.

(8) Last, the Task Force has recommended that the Department eliminate the requirement that students must take and pass the Academic Literacy Skills Test (ALST) to become certified. As discussed in #7 (above), the Department will review the EAS assessment and potentially revise as needed to assess the potential teacher’s literacy skills. The Department will present, separately, an emergency regulation at the February Board meeting to accomplish this.

Proposed Amendment

The Department recommends an amendment to Section 80-1.5 of the Regulations of the Commissioner of Education to make available, for those candidates who take the edTPA after a new passing score has been established and implemented, access to the “multiple-measures review process” if they fail to receive a passing score on the edTPA but fall within one standard deviation (as determined by the standard setting committee) below the new passing score, provided they meet additional requirements outlined in the regulations. Most important, to be eligible for this process, candidates must: (1) fall within one standard deviation below the new passing score, (2) have a minimum GPA of 3.0, and (3) must pass all other exams (or available safety nets) required for the teaching certificate they are seeking. Recommendations from faculty and cooperating teachers, as well as evidence of extenuating circumstances will be considered by the panel in addition to evidence of having met these requirements. See Attachment C for a copy of the proposed amendment. Until such time as this new edTPA passing score is established and the multiple measures review process is implemented, the edTPA safety net will remain in effect.

4. COSTS:

a. Costs to State government: The amendment does not impose any additional costs on State government, including the State Education Department. However, SED staff members may need to spend time serving on the multiple measures review panel. However, the Department anticipates that any staff time to attend the panel meetings will be absorbed into the staff member’s workday.

b. Costs to local government: The amendment does not impose any costs on local government, including school districts and BOCES. However, superintendents, teachers and principal may voluntarily serve on the multiple measures review panel. The Department anticipates that any staff time to attend the panel meetings will be absorbed into the educator’s workday.

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, school districts or BOCES. Any service on the multiple measures review panel is voluntary.

6. PAPERWORK:

The proposed amendment will require teacher candidates to apply for a waiver of the edTPA requirement through the multiple measure review panel.

7. DUPLICATION:

The rule does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The amendment was proposed in response to concerns raised in the field as well as in response to the recommendations of the edTPA Task Force. The amendment applies equally to all candidates pursuing teacher certification in New York State.

9. FEDERAL STANDARDS:

There are no applicable Federal standards related to the amendment.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed emergency amendment will be adopted as a permanent rule at the July 2017 Board of Regents meeting, and will become effective as a permanent rule on August 2, 2017.

(a) Small businesses:

The Department is proposing an amendment to the Commissioner’s Regulations to establish a multiple measures review process for candidates seeking a waiver from the edTPA requirement for an initial certificate (i.e., candidates who take and fail the edTPA but whose score is within one standard deviation of the passing score established by a standard setting committee if a new passing score is established).

The proposed amendments does not impose any new recordkeeping or other compliance requirements on small businesses, and will not have an adverse economic impact on small businesses. Because it is evident from the nature of the rule that it does not affect small businesses, no further steps were needed to ascertain that fact and one were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The proposed amendment will effect teaching candidates who wish to apply for a waiver from the edTPA requirements for an initial teaching certificate.

2. COMPLIANCE REQUIREMENTS:

New and revised certification exams were released to the field in May 2014, including the edTPA.

The edTPA, a subject-specific multi-measure performance assessment, is comprised of three tasks: (i) planning instruction and examination; (ii) instructing and engaging students in learning; and (iii) assessing student learning. It was developed by Stanford University in partnership with the American Association of Colleges for Teacher Education (AACTE).

Commencing in May 2014, a safety net for the edTPA was established—candidates who do not pass the edTPA can take and pass the Assessment of Teaching Skills – Written (ATS-W). The Board of Regents also established an edTPA Task Force which included representatives from CUNY, SUNY, cIcu, the Teacher Education Advisory Group, the United University Professions, the Professional Staff Congress and P-12. The edTPA safety net (along with the other safety nets for the teacher certification exams) was extended until June 30, 2017 at the April 2016 Board of Regents meeting.

The edTPA Task Force was reconvened by request of the members of the Board of Regents in January 2016. Beginning in May 2016, the Task Force began to review the edTPA, as well as other teacher certification exams. Conversations were led by co-chairs, Dr. David Cantaffa (Assistant Provost for Educator Preparation, SUNY) and Dr. Jamie Dangler (Vice President for Academics, UUP). This work was also informed by the gathering of information across the State of New York by the Higher Education Committee chairs, Regents Cashin and Collins. Several other members of the NYS Board of Regents and the NYS Commissioner of Education participated in public forums over the past year to discuss the teacher certification exams.

Recommendations from the edTPA Task Force:

At the January 2017 Board of Regents meeting, the co-chairs of the edTPA Task Force presented their recommendations. The recommendations encompassed the edTPA as well as the other certification exams. Please see Related Regents Items section for the report of the Task Force for a chart outlining the recommendations from the Task Force.

(1) The first recommendation was for the Department to establish a standard setting committee to determine if the passing score for the edTPA should be reset and gradually phased in over several years. The Department is working with SCALE and the testing vendor to establish a timeline for implementation and convene a standard setting committee. Our goal is for the Commissioner to implement a new cut score in the fall of 2017, after a recommendation from the standard setting panel.

(2) As a part of the first recommendation, the Task Force has asked the Department to implement a multiple measures review process in cases where there is compelling evidence that the candidate is ready to teach but did not achieve a passing score on the edTPA. In order to request a multiple measures review, the candidate must score within one standard deviation of the passing score as established by the standard setting committee, and must demonstrate that they have the knowledge, skills, and abilities to become a teacher of record. A regulatory change is necessary to implement this process, and is recommended to the board. Such multiple measures would include:

• Recommendation(s) from college/university faculty who have been responsible for program-level assessment of a teacher candidate’s clinical practice.

• Recommendations from the teacher candidate’s cooperating teacher(s).

• GPA - must have a GPA of 3.0 or higher in their program area, or the substantial equivalent as determined by the Commissioner.

• Have achieved a passing score on the other New York State Teacher Certification Exams (e.g., Educating All Students exam, Content Specialty Tests).

• Recommendations from faculty and cooperating teachers or other qualified individuals, as determined by the Department, that the teacher has the minimum knowledge, skills and abilities in pedagogy to enter the classroom.

A panel consisting of two P-12 teachers, two principals, two superintendents, two higher education faculty, and one NYSED staff member will review any waiver applications submitted to the Department on a periodic basis, as needed.

(3) The Task Force requested that the Department work with SCALE and the testing vendor to release the qualifications of scorers through an annual report of de-identified individual level information, such as institution/organization affiliation, subject area and grade area, years of experience as an educator, baseline demographics, and length of time as an edTPA scorer. The Department will work with SCALE and the testing vendor to determine what level of scorer information can be released in an annual report.

(4) The Task Force has asked the Department to work with the field, SCALE, and the testing vendor to develop and implement a process to review specific edTPA handbooks. The process would entail a review of the claims brought forth by education professionals in a specific certification area, with possible outcomes of this process as follows:

i. NYSED and representatives of the certification area will work with SCALE to substantively revise the applicable edTPA handbook.

ii. If handbook revision is not feasible for the certification area under evaluation, the Commissioner of Education may approve an alternative performance assessment for this certification area.

No regulatory change is needed to develop and implement this process, and the Department has already started having conversations with SCALE and the testing vendor to establish this review process.

(5) The Task Force has asked the Department to convene a clinical practice work group to review the length and requirements of student teaching. The Department will invite members of P-12 and higher education to be a part of this work group. Ultimately, the work group will make recommendations to the Board of Regents to amend the current requirements. At that time, a regulation change would be needed.

(6) The Task force recommends increasing the voucher program. While no regulation change is needed, this is a part of the Regents budget request.

(7) The Task Force recommends that the Department work with the testing vendor to review the Educating All Students (EAS) exam. The review will focus on the constructed response items and will potentially result in revising a portion of the assessment so that it assesses both the candidate’s ability to serve a diverse student body and assess the potential teacher’s literacy skills.

(8) Last, the Task Force has recommended that the Department eliminate the requirement that students must take and pass the Academic Literacy Skills Test (ALST) to become certified. As discussed in #7 (above), the Department will review the EAS assessment and potentially revise as needed to assess the potential teacher’s literacy skills. The Department will present, separately, an emergency regulation at the February Board meeting to accomplish this.

Proposed Amendment

The Department recommends an amendment to Section 80-1.5 of the Regulations of the Commissioner of Education to make available, for those candidates who take the edTPA after a new passing score has been established and implemented, access to the “multiple-measures review process” if they fail to receive a passing score on the edTPA but fall within one standard deviation (as determined by the standard setting committee) below the new passing score, provided they meet additional requirements outlined in the regulations. Most important, to be eligible for this process, candidates must: (1) fall within one standard deviation below the new passing score, (2) have a minimum GPA of 3.0, and (3) must pass all other exams (or available safety nets) required for the teaching certificate they are seeking. Recommendations from faculty and cooperating teachers, as well as evidence of extenuating circumstances will be considered by the panel in addition to evidence of having met these requirements. See Attachment C for a copy of the proposed amendment. Until such time as this new edTPA passing score is established and the multiple measures review process is implemented, the edTPA safety net will remain in effect.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional services requirements on local governments.

4. COMPLIANCE COSTS:

There are no additional costs imposed on local governments, however, there may be costs imposed on school districts for superintendents, principals and teachers time to participate on the multiple measures review panel. However, participation on the panel is voluntary and the Department anticipates that any time spent on the panel will be absorbed into the educator’s typical workday.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any additional technological requirements on districts or BOCES.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment seeks to address concerns raised by the field and to address the recommendations from the edTPA Task Force related to the teacher certification exams. This rule applies equally to all candidates for teacher certification throughout the State. In order to ensure uniform certification candidates across the State, no alternatives were considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the rule have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts and to charter schools.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

This proposed amendment applies to all teacher certification candidates, including those 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:

New and revised certification exams were released to the field in May 2014, including the edTPA.

The edTPA, a subject-specific multi-measure performance assessment, is comprised of three tasks: (i) planning instruction and examination; (ii) instructing and engaging students in learning; and (iii) assessing student learning. It was developed by Stanford University in partnership with the American Association of Colleges for Teacher Education (AACTE).

Commencing in May 2014, a safety net for the edTPA was established—candidates who do not pass the edTPA can take and pass the Assessment of Teaching Skills – Written (ATS-W). The Board of Regents also established an edTPA Task Force which included representatives from CUNY, SUNY, cIcu, the Teacher Education Advisory Group, the United University Professions, the Professional Staff Congress and P-12. The edTPA safety net (along with the other safety nets for the teacher certification exams) was extended until June 30, 2017 at the April 2016 Board of Regents meeting.

The edTPA Task Force was reconvened by request of the members of the Board of Regents in January 2016. Beginning in May 2016, the Task Force began to review the edTPA, as well as other teacher certification exams. Conversations were led by co-chairs, Dr. David Cantaffa (Assistant Provost for Educator Preparation, SUNY) and Dr. Jamie Dangler (Vice President for Academics, UUP). This work was also informed by the gathering of information across the State of New York by the Higher Education Committee chairs, Regents Cashin and Collins. Several other members of the NYS Board of Regents and the NYS Commissioner of Education participated in public forums over the past year to discuss the teacher certification exams.

Recommendations from the edTPA Task Force:

At the January 2017 Board of Regents meeting, the co-chairs of the edTPA Task Force presented their recommendations. The recommendations encompassed the edTPA as well as the other certification exams. Please see Related Regents Items section for the report of the Task Force for a chart outlining the recommendations from the Task Force.

(1) The first recommendation was for the Department to establish a standard setting committee to determine if the passing score for the edTPA should be reset and gradually phased in over several years. The Department is working with SCALE and the testing vendor to establish a timeline for implementation and convene a standard setting committee. Our goal is for the Commissioner to implement a new cut score in the fall of 2017, after a recommendation from the standard setting panel.

(2) As a part of the first recommendation, the Task Force has asked the Department to implement a multiple measures review process in cases where there is compelling evidence that the candidate is ready to teach but did not achieve a passing score on the edTPA. In order to request a multiple measures review, the candidate must score within one standard deviation of the passing score as established by the standard setting committee, and must demonstrate that they have the knowledge, skills, and abilities to become a teacher of record. A regulatory change is necessary to implement this process, and is recommended to the board. Such multiple measures would include:

• Recommendation(s) from college/university faculty who have been responsible for program-level assessment of a teacher candidate’s clinical practice.

• Recommendations from the teacher candidate’s cooperating teacher(s).

• GPA - must have a GPA of 3.0 or higher in their program area, or the substantial equivalent as determined by the Commissioner.

• Have achieved a passing score on the other New York State Teacher Certification Exams (e.g., Educating All Students exam, Content Specialty Tests).

• Recommendations from faculty and cooperating teachers or other qualified individuals, as determined by the Department, that the teacher has the minimum knowledge, skills and abilities in pedagogy to enter the classroom.

A panel consisting of two P-12 teachers, two principals, two superintendents, two higher education faculty, and one NYSED staff member will review any waiver applications submitted to the Department on a periodic basis, as needed.

(3) The Task Force requested that the Department work with SCALE and the testing vendor to release the qualifications of scorers through an annual report of de-identified individual level information, such as institution/organization affiliation, subject area and grade area, years of experience as an educator, baseline demographics, and length of time as an edTPA scorer. The Department will work with SCALE and the testing vendor to determine what level of scorer information can be released in an annual report.

(4) The Task Force has asked the Department to work with the field, SCALE, and the testing vendor to develop and implement a process to review specific edTPA handbooks. The process would entail a review of the claims brought forth by education professionals in a specific certification area, with possible outcomes of this process as follows:

i. NYSED and representatives of the certification area will work with SCALE to substantively revise the applicable edTPA handbook.

ii. If handbook revision is not feasible for the certification area under evaluation, the Commissioner of Education may approve an alternative performance assessment for this certification area.

No regulatory change is needed to develop and implement this process, and the Department has already started having conversations with SCALE and the testing vendor to establish this review process.

(5) The Task Force has asked the Department to convene a clinical practice work group to review the length and requirements of student teaching. The Department will invite members of P-12 and higher education to be a part of this work group. Ultimately, the work group will make recommendations to the Board of Regents to amend the current requirements. At that time, a regulation change would be needed.

(6) The Task force recommends increasing the voucher program. While no regulation change is needed, this is a part of the Regents budget request.

(7) The Task Force recommends that the Department work with the testing vendor to review the Educating All Students (EAS) exam. The review will focus on the constructed response items and will potentially result in revising a portion of the assessment so that it assesses both the candidate’s ability to serve a diverse student body and assess the potential teacher’s literacy skills.

(8) Last, the Task Force has recommended that the Department eliminate the requirement that students must take and pass the Academic Literacy Skills Test (ALST) to become certified. As discussed in #7 (above), the Department will review the EAS assessment and potentially revise as needed to assess the potential teacher’s literacy skills. The Department will present, separately, an emergency regulation at the February Board meeting to accomplish this.

Proposed Amendment

The Department recommends an amendment to Section 80-1.5 of the Regulations of the Commissioner of Education to make available, for those candidates who take the edTPA after a new passing score has been established and implemented, access to the “multiple-measures review process” if they fail to receive a passing score on the edTPA but fall within one standard deviation (as determined by the standard setting committee) below the new passing score, provided they meet additional requirements outlined in the regulations. Most important, to be eligible for this process, candidates must: (1) fall within one standard deviation below the new passing score, (2) have a minimum GPA of 3.0, and (3) must pass all other exams (or available safety nets) required for the teaching certificate they are seeking. Recommendations from faculty and cooperating teachers, as well as evidence of extenuating circumstances will be considered by the panel in addition to evidence of having met these requirements. See Attachment C for a copy of the proposed amendment. Until such time as this new edTPA passing score is established and the multiple measures review process is implemented, the edTPA safety net will remain in effect.

3. COSTS:

The proposed amendment does not impose any costs on teacher certification candidates in New York State, including those located in rural areas of the State.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment seeks to address concerns raised by the field, and to implement recommendations from the edTPA Task Force, which was reconvened at the request of the Board of Regents. This rule applies equally to all teacher certification candidates throughout the State, and removes barriers that some candidates face when pursuing certification—specifically for those candidates who fail to achieve a passing score on the edTPA but score within one standard deviation of the new passing score.

5. RURAL AREA PARTICIPATION:

Copies of the rule have been provided to Rural Advisory Committee for review and comment.

The purpose of the proposed amendment is to address concerns raised by the field, and to implement recommendations from the edTPA Task Force, which was reconvened at the request of the Board of Regents, to establish a multiple measures review process for the edTPA for those candidates who do not achieve a passing score on the edTPA but score within one standard deviation of the passing score as established by a standard setting committee.

Because of the nature of the proposed amendment, it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, and no further steps were needed to ascertain that fact and none were taken. In fact, it may help to address potential teacher shortage issues in New York State by allowing candidates to obtain a waiver from the edTPA requirement for initial certification as a teacher in this State. Accordingly, a job impact statement is not required and one has not been prepared.