The proposed amendments provide flexibility related to the following:

• Renewal of limited permits in medicine;

• In-person CPR course certification requirements for dentists and dental hygienists;

• The takeover and restructuring of struggling and persistently struggling schools;

• Teacher certification through the Individual Evaluation pathway;

• Expiration dates of the Initial certificate, Initial Reissuance, Provisional certificate, Provisional Renewal, and Conditional Initial certificate for teacher candidates;

• Emergency COVID-19 teaching certificates;

• School district leader and school district business leader assessments;

• Annual monitoring and tracking of prekindergarten program effectiveness and the annual report of the percentage of prekindergarten children making significant gains;

• Application deadline for alternative high school equivalency preparation programs;

• Unit of study requirements;

• Regents examinations, pathway assessments, alternative assessments, technical assessments, work-readiness assessments, and locally developed test requirements for a diploma;

• NYS career and development and occupational studies commencement credential; and

• General comprehensive examination requirements for a high school equivalency diploma.

Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendments could be presented for regular (nonemergency) adoption, after publication in the State Register and expiration of the 45-day public comment period required in the State Administrative Procedure Act (SAPA) section 201(4-a), is the September 2021 Regents meeting. However, because the COVID-19 crisis is presently affecting the State of New York, emergency action is necessary for the preservation of public health and the general welfare in order to immediately provide flexibility for certain regulatory requirements in response to the COVID-19 crisis, and to ensure that the emergency action taken at the June meeting remains continuously in effect.

It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the September 2021 Regents meeting, which is the first scheduled meeting after the 45-day public comment period prescribed in SAPA for State agency rule making.

• Professions

о Section 60.6 is amended to permit the Department, at its discretion, to renew limited permits in medicine for one additional 24-month period.

о Section 61.19(b) is amended to permit the Department to accept alternative means to be used by dentists and dental hygienists to obtain and/or maintain the required certification in cardiopulmonary resuscitation other than through an in-person course during the COVID-19 crisis.

• Receivership

о Section 100.19 is amended to provide that: (1) the Commissioner shall not use 2019-20 school year results to newly identify any schools as struggling, place any schools under independent receivership, or remove the designation of any schools as struggling or persistently struggling; (2) all schools identified as persistently struggling or struggling schools for the 2019-20 school year shall remain so identified for the 2020-21 school year and all schools that operated under a school district superintendent receiver in the 2019-20 school year shall continue to operate under a school district superintendent receiver in the 2020-21 school year; and (3) the Commissioner may, upon a finding of good cause, modify for the 2019-20 through 2021-22 school years any timelines pertaining to notifications, plans, reports, or implementation of activities required by such section, except for any timelines prescribed by law.

• Higher Education

о Section 80-3.7 is amended to allow any undergraduate or graduate level course completed during the spring, summer, or fall 2020 terms with a passing grade, or its equivalent, to count toward the content core or pedagogical core semester hour requirements for certification through the Individual Evaluation pathway. The passing grade, or its equivalent, must be in accordance with the pass/fail grading policy, or its equivalent, at the institution of higher education (e.g., credit/no credit, pass/fail, satisfactory/ unsatisfactory policy).

о Section 80-1.2(b) is amended to extend the expiration date of the Initial certificate, Initial Reissuance, Provisional certificate, Provisional Renewal, and the extensions of the initial and Provisional certificates from August 31, 2020 to January 31, 2021 to provide candidates with the time needed to work in schools and complete the requirements for the Professional or Permanent certificate. Additionally, such section is amended to extend the expiration date of the Conditional Initial certificate from August 31, 2020 to August 31, 2021 to provide candidates with the time needed to complete the edTPA, which requires working with students. An additional year gives candidates the time to establish a relationship with students, teach lessons and assess student learning, and prepare the edTPA submission once classroom routines are more consistent after the COVID-19 crisis.

о Section 80-5.27 is added to create an Emergency COVID-19 certificate for candidates seeking certain certificates, extensions, and annotations because there is limited test center availability and schools have been closed pursuant to Executive Order(s) of the Governor due to the COVID-19 crisis. This certificate would be valid for two years. Candidates must apply for the certificate, extension, or annotation on or before September 1, 2021. They must also apply for the Emergency COVID-19 certificate, in the same certificate title as the certificate, extension, or annotation applied for, on or before September 1, 2021.

о Section 52.21(c) is amended to exempt school district leader (SDL) and school business leader (SDBL) candidates from taking and passing the SDL and SDBL assessment, respectively, for program completion and for the institutional recommendation for the Professional certificate, if they completed all program requirements except the assessment requirement in the 2019-2020 or 2020-20201 academic year. The exemption enables these candidates to complete their program while there is limited test center availability due to the COVID-19 crisis and receive institutional recommendation for Professional certification, which would be needed to pursue the proposed Emergency COVID-19 certificate. The candidates would need to take and pass the SDL and SDBL assessment to earn Professional SDL and SDBL certification, respectively.

о Section 52.21(c) is also amended to exempt candidates admitted to Transitional D programs leading to school district leader certification from taking and passing the SDL assessment for the institutional recommendation for the Transitional D certificate, if they completed all requirements for admitted candidates except the assessment requirement on or before September 1, 2021. The exemption enables Transitional D candidates to receive institutional recommendation for Transitional D certification while there is limited test center availability due to the COVID-19 crisis, which would be needed to pursue the proposed Emergency COVID-19 certificate. The candidates would need to take and pass the SDL assessment to earn Transitional D certification.

• Early Learning

о Section 151-1.3(b) is amended to waive the requirement that school districts must annually monitor and track prekindergarten program effectiveness for the 2019-2020 school year and to waive the annual report of the percentage of prekindergarten children making significant gains for the 2019-2020 school year.

• Alternative High School Equivalency Program (“AHSEP”)

о Section 100.7 is amended to provide an extension to the June 30 application deadline for alternative high school equivalency preparation programs to be operated during the 2020-2021 school year.

• Curriculum and Instruction

о Section 100.1 is amended to provide that a unit of credit may be earned where a student has not completed a unit of study due to the COVID-19 crisis but has otherwise achieved the standards assessed in the provided coursework.

о Sections 100.2 and 100.5 are amended to provide an exemption to the diploma, credential, and endorsement requirements associated with the Regents examination, pathway assessment, alternative assessment, technical assessment, and locally developed test during the 2019-20 and 2020-21 school years due to the COVID-19 crisis so that students are still able to meet their diploma requirements.

о Section 100.5(a)(5)(vi)(a) is amended to provide an exemption to the diploma, credential, and endorsement requirements related to the passing of the January 2022 Regents examination in United States History and Government so that students are still able to meet their diploma requirements since the January 2022 Regents examination in United States History and Government will not be available.

о Section 100.4 is amended to make a technical citation correction.

о Section 100.5 is amended to provide that for the 2019-2020 and 2020-2021 school years the 1,200 minutes of laboratory experience is not required for a student to qualify to take a Regents examination where such student is unable to meet the 1,200 minute requirement due to the COVID -19 crisis, and to provide that 1,200 minutes of lab experience is not required for a student to be exempted from a Regents examination.

о Section 100.6 is amended to exempt students from the requirements for the career development and occupational studies commencement credential (“CDOS”), including the work readiness assessment, provided that the student is otherwise eligible to exit from high school and has otherwise demonstrated knowledge and skills relating to the CDOS learning standards.

о Section 100.7 is amended to provide an exemption from the sub-tests of the general comprehensive examination requirements for a high school equivalency diploma where students meet certain criteria for the 2019-20 and 2020-21 school years.

1. STATUTORY AUTHORITY:

Education Law § 101 continues existence of Education Department, with Board of Regents as its head, and authorizes Regents to appoint Commissioner of Education as Department's Chief Administrative Officer, which is charged with general management and supervision of all public schools and educational work of State.

Education Law § 207 empowers Regents and Commissioner to adopt rules and regulations to carry out State education laws and functions and duties conferred on the Department.

Education Law § 210 empowers the Regents to register domestic and foreign institutions in terms of New York standards, and fix the value of degrees, diplomas and certificates issued by institutions of other states or countries and presented to entrance to schools, colleges and the professions in New York.

Education Law § 209 provides that the Regents shall establish, in secondary institutions, examinations in studies furnishing a suitable standard of graduation therefrom and of admission to colleges, and certificates or diplomas shall be conferred by the Regents to students who satisfactorily pass such examinations.

Education Law § 211-f provides for the procedures for the takeover and restructuring of failing schools.

Education Law § 214 provides that the institutions of the University of the State of New York shall include all secondary and higher educational institutions which are now or may hereafter be incorporated in this state, and such other libraries, museums, institutions, schools, organizations and agencies for education as may be admitted to or incorporated by the University.

Education Law § 215 provides the Regents, or the Commissioner, or their representatives, the power to visit, examine, and inspect any institution in the University of the State of New York and any school or institution under the educational supervision of the State.

Education Law § 305 establishes the general powers and duties of the Commissioner of Education.

Education Law § 3001 prescribes the qualifications of teachers.

Education Law § 3004 directs the Commissioner of Educaiton to prescribe regulations governing the examination and certification of teachers employed in all public schools of the State.

Education Law § 3009 provides that unqualified teachers shall not be paid from school moneys.

Education Law § 3204 provides that a minor required to attend upon instruction may attend at a public school or elsewhere.

Education Law § 3205 provides that each minor from six to sixteen years of age in each school district or on an Indian reservation shall attend upon full time instruction.

Education Law § 3602 provides for the apportionment of public moneys to school districts employing eight or more teachers.

Education Law § 3602-e authorizes and directs the Commissioner of Education to award grants for the establishment and implementation of a prekindergarten program to serve eligible children.

Education Law § 3602-ee establishes a Statewide universal full-day pre-kindergarten program.

Education Law § 6525 permits the Department to issue limited permits in medicine to eligible applicants.

Education Law § 6611(10) requires each dentist and registered dental hygienist working for a hospital who practices in collaboration with a licensed dentist to become certified in cardiopulmonary resuscitation from an approved provider and thereafter maintain current certification.

Every Student Succeeds Act § 1111(b)(2) requires States to implement a set of high-quality student academic assessments in mathematics, reading or language arts, and science.

Every Student Succeeds Act § 1111(c)(4) requires all States to have a statewide accountability system based on challenging State academic standards for reading or language arts and mathematics to improve student academic achievement and school success.

Every Student Succeeds Act § 1111(d)(2) requires schools which receive notification under such Act that a subgroup of students is consistently underperforming to develop and implement a school-level targeted support and improvement plan to improve student outcomes based on the indicators in the statewide accountability system.

2. LEGISLATIVE OBJECTIVES:

The proposed amendments are consistent with the above statutory authority and are necessary to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. The purpose of the proposed amendment is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis.

3. NEEDS AND BENEFITS:

On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020 the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. Subsequently, the Governor issued additional Executive Orders in response to the COVID-19 crisis including orders directing the closure of schools, directing non-essential work personnel to work from home, and directing non-essential gatherings of individuals of any size for any reason to be canceled or postponed. In response the Department adopted emergency regulations at the April 2020 Board of Regents Meeting to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. To address additional issues resulting from the interruptions caused by the COVID-19 crisis, the Department is proposing further emergency regulatory amendments providing flexibility related to the following:

• Renewal of limited permits in medicine;

• In-person CPR course certification requirements for dentists and dental hygienists;

• The takeover and restructuring of struggling and persistently struggling schools;

• Teacher certification through the Individual Evaluation pathway;

• Expiration dates of the Initial certificate, Initial Reissuance, Provisional certificate, Provisional Renewal, and Conditional Initial certificate for teacher candidates;

• Emergency COVID-19 teaching certificates;

• School district leader and school district business leader assessments;

• Annual monitoring and tracking of prekindergarten program effectiveness and the annual report of the percentage of prekindergarten children making significant gains;

• Application deadline for alternative high school equivalency preparation programs;

• Unit of study requirements;

• Regents examinations, pathway assessments, alternative assessments, technical assessments, and locally developed test requirements for a diploma;

• NYS career and development and occupational studies commencement credential; and

• General comprehensive examination requirements for a high school equivalency diploma.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government.

b. Costs to local government: The amendments do not impose any costs on local government.

c. Costs to private regulated parties: The amendments do not impose any costs on private regulated parties.

d. Cost to the regulatory agency: There are no additional costs to the State Education Department.

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:

The proposed amendments are necessary to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. There are no significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

(a) Small businesses:

The proposed rule relates to providing flexibility for certain regulatory requirements in response to the COVID-19 crisis. The proposed amendments do not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendments that they do not affect small businesses, no further measures 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.

(b) Local governments:

1. EFFECT OF RULE:

The purpose of the proposed amendments is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. The proposed amendments apply to each of the 695 public school districts in the State.

2. COMPLIANCE REQUIREMENTS:

On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020 the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. Subsequently, the Governor issued additional Executive Orders in response to the COVID-19 crisis including orders directing the closure of schools, directing non-essential work personnel to work from home, and directing non-essential gatherings of individuals of any size for any reason to be canceled or postponed. In response the Department adopted emergency regulations at the April 2020 Board of Regents Meeting to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. To address additional issues resulting from the interruptions caused by the COVID-19 crisis, the Department is proposing further emergency regulatory amendments providing flexibility related to the following:

• Renewal of limited permits in medicine;

• In-person CPR course certification requirements for dentists and dental hygienists;

• The takeover and restructuring of struggling and persistently struggling schools;

• Teacher certification through the Individual Evaluation pathway;

• Expiration dates of the Initial certificate, Initial Reissuance, Provisional certificate, Provisional Renewal, and Conditional Initial certificate for teacher candidates;

• Emergency COVID-19 teaching certificates;

• School district leader and school district business leader assessments;

• School district leader and school business leader assessments;

• Annual monitoring and tracking of prekindergarten program effectiveness and the annual report of the percentage of prekindergarten children making significant gains;

• Application deadline for alternative high school equivalency preparation programs;

• Unit of study requirements;

• Regents examinations, pathway assessments, alternative assessments, technical assessments, and locally developed test requirements for a diploma;

• NYS career and development and occupational studies commencement credential; and

• General comprehensive examination requirements for a high school equivalency diploma.

3. PROFESSIONAL SERVICES:

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

4. COMPLIANCE COSTS:

The proposed amendment will not impose any additional program, service, duty, responsibility or costs beyond those imposed by statute.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendments are necessary to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. Accordingly, no alternatives were considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State and from the chief school officers of the five big city school districts.

The purpose of the proposed amendments to the Regulations of the Commissioner of Education is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020, the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. Subsequently, the Governor issued additional Executive Orders in response to the COVID-19 crisis, including orders directing the closure of schools and directing nonessential work personnel to work from home. In response, the Department has adopted emergency regulations to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. To address additional issues resulting from the interruptions caused by the COVID-19 crisis, the Department is proposing further emergency regulatory amendments providing flexibility related to the following:

• Renewal of limited permits in medicine;

• In-person CPR course certification requirements for dentists and dental hygienists;

• The takeover and restructuring of struggling and persistently struggling schools;

• Teacher certification through the Individual Evaluation pathway;

• Expiration dates of the Initial certificate, Initial Reissuance, Provisional certificate, Provisional Renewal, and Conditional Initial certificate for teacher candidates;

• Emergency COVID-19 teaching certificates;

• School district leader and school district business leader assessments;

• Annual monitoring and tracking of prekindergarten program effectiveness and the annual report of the percentage of prekindergarten children making significant gains;

• Application deadline for alternative high school equivalency preparation programs;

• Unit of study requirements;

• Regents examinations, pathway assessments, alternative assessments, technical assessments, and locally developed test requirements for a diploma;

• NYS career and development and occupational studies commencement credential; and

• General comprehensive examination requirements for a high school equivalency diploma.

The proposed amendment provides flexibility for certain regulatory requirements during the COVID-19 crisis. Thus, the proposed amendment does not adversely impact entities in rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken. Thus, a rural flexibility analysis is not required and one has not been prepared.

The purpose of the proposed amendments is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. The proposed amendment provides flexibility related to the following:

• Renewal of limited permits in medicine;

• In-person CPR course certification requirements for dentists and dental hygienists;

• The takeover and restructuring of struggling and persistently struggling schools;

• Teacher certification through the Individual Evaluation pathway;

• Expiration dates of the Initial certificate, Initial Reissuance, Provisional certificate, Provisional Renewal, and Conditional Initial certificate for teacher candidates;

• Emergency COVID-19 teaching certificates;

• School district leader and school business leader assessments;

• Annual monitoring and tracking of prekindergarten program effectiveness and the annual report of the percentage of prekindergarten children making significant gains;

• Application deadline for alternative high school equivalency preparation programs;

• Unit of study requirements;

• Regents examinations, pathway assessments, alternative assessments, technical assessments, and locally developed test requirements for a diploma;

• NYS career and development and occupational studies commencement credential; and

• General comprehensive examination requirements for a high school equivalency diploma.

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.

Following publication of the Notice of Emergency Adoption and Revised Rule Making in the State Register on June 23, 2021, the State Education Department received the following comment on the proposed amendment:

1. COMMENT: A commenter writes that regents exams should no longer be required for graduation and the waivers “have been inequitable to student needs and abilities.” The commenter stated that a “10th grader with a learning disability in reading should have just as much of a right to be exempt from the English Regents exam as the student before them, as they too lost out on instruction in ELA despite the grade level.” The commenter requests that the Department eliminate Regents exams from graduation requirements.

DEPARTMENT RESPONSE: The proposed amendment allows exemptions to the diploma, credential, and endorsement requirements associated with the Regents examinations, as well as other assessments, so that students are still able to meet their diploma requirements. The purpose of these amendments is to provide regulatory flexibility to students as the COVID-19- crisis is still presently affecting the State of New York and students across New York have had varied levels of in-person instruction. Such exemption has been made available state-wide to all students. The comments regarding eliminating Regents exams from graduation requirements permanently is outside the scope of the proposed regulation. Therefore, no changes are necessary at this time.