to authorize a system of charter schools to provide opportunities for teachers, parents, and community members to establish and maintain schools that operate independently of existing schools and school districts in order to accomplish the following objectives:

(a) improve student learning and achievement;

(b) increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are at-risk of academic failure;

(c) encourage the use of different and innovative teaching methods;

(d) create new professional opportunities for teachers, school administrators and other school personnel;

(e) provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system; and

(f) provide schools with a method to change from rule-based to performance-based accountability systems by holding schools established under [Article 56 of the NY Education Law] accountable for meeting measureable student achievement results.

Instead of allowing SUNY authorized charter schools to continue to operate based on rule-based measures of school success alone (state mandated curricula, district mandated textbooks or adherence to state teacher evaluation requirements), the SUNY Trustees hold charters accountable for the success achieved in helping students read, write, calculate, compute, investigate and demonstrate their abilities to meet the demands of state performance standards. When schools demonstrate, through their students’ abilities, proficiency at helping students succeed, the SUNY Trustees renew them. When schools are not able, after years of opportunity, to demonstrate student success, the SUNY Trustees close those schools. The proposed teacher certification regulations link the proficiency of SUNY authorized charters in preparing students well to the opportunity to fulfill the purposes of the Act by allowing only those schools with strong academic performance to propose a program of teacher certification that sharpens the focus on holding schools accountable “for meeting measureable student achievement results.”

Much like their district counterparts across the state, SUNY’s high performing charter schools cite challenges in identifying high quality teachers. The challenges are compounded by the need to find high quality teachers that have completed the myriad of steps and tasks required in the state’s rule-based teacher certification requirements that are often not directly linked to building teacher proficiency in the instructional skills and knowledge that make a particular SUNY charter school successful. For a prospective teacher, it means that in addition to a teacher’s instructional course load, communication with caregivers, supporting students after and before school, grade level team meetings, meetings with school embedded instructional coaches, preparations for the next day or week’s quality lesson delivery, and the school’s weekly, monthly and summer intensive professional development requirements, that teacher must as well hustle after class or between summer engagements to attend and complete traditional certification requirements with no tie to the successful school program in which they teach. The proposed SUNY charter teacher certification regulations link certification to programs that have demonstrated student success and do not require teachers to complete a set of steps, tests and tasks not designed for teachers embedded in a high quality school. Charter schools with a history of strong student performance normally have in place teacher requirements and professional development programs that not only compare to traditional certification pathways but are also tailored to the unique, successful educational programs delivered by charter schools.

Proposed Teacher Certification Regulation Language

The proposed new Part 700 of title 8 of the NY Compilation of Codes, Rules and Regulations provides certain parameters and requirements for charter schools that wish to operate alternative teacher preparation programs. The proposed rulemaking do not mandate that any school operate such a program or teacher enroll in such a program. SUNY authorized charter schools may still comply with NY Education Law § 2854(3)(a-1) with teaching staff qualified through already established teacher certification pathways. Teachers approved through a program at a SUNY authorized school will be able to use the approval at another SUNY authorized charter school but will not be able to transfer such certification to a charter school not authorized by SUNY or to a district school. SUNY will not charge a fee to apply for approval of an instructor program and charter schools may not charge teachers a fee for attending such programs.

The proposed rulemaking delineate criteria for the following: educational prerequisites; number of instructional hours required and additional hours required for teaching students with disabilities or English language learners; number of hours of supervised field teaching experience; required coursework in Mandated Reporter, SAVE and bullying, harassment, and discrimination; types of certification available; term of the certification; program instructor requirements; program assessments; and, record keeping and other requirements. The proposed rulemaking also address the education corporation application and review processes as well as the minimum applicant requirements and the program revocation process.

The SUNY Charter Schools Institute looks forward to receiving comments on the proposed rulemaking.

1. Statutory authority: The State University of New York’s Board of Trustees’ (the “SUNY Trustees’”) Charter Schools Committee has been granted the authority to promulgate regulations regarding SUNY authorized charter schools by New York Education Law § 355 (2-a).

2. Legislative objectives: The stated purpose of the NY Charter Schools Act of 1998 (as amended, the “Act”) is: to authorize a system of charter schools to provide opportunities for teachers, parents, and community members to establish and maintain schools that operate independently of existing schools and school districts in order to accomplish the following objectives:

(a) improve student learning and achievement;

(b) increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are at-risk of academic failure;

(c) encourage the use of different and innovative teaching methods;

(d) create new professional opportunities for teachers, school administrators and other school personnel;

(e) provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system; and

(f) provide schools with a method to change from rule-based to performance-based accountability systems by holding schools established under [Article 56 of the NY Education Law] accountable for meeting measureable student achievement results.

Instead of allowing SUNY authorized charter schools to continue to operate based on rule-based measures of school success alone (state mandated curricula, district mandated textbooks or adherence to state teacher evaluation requirements), the SUNY Trustees hold charters accountable for the success achieved in helping students read, write, calculate, compute, investigate and demonstrate their abilities to meet the demands of state performance standards. When schools demonstrate, through their students’ abilities, proficiency at helping students succeed, the SUNY Trustees renew them. When schools are not able, after years of opportunity, to demonstrate student success, the SUNY Trustees close those schools. The proposed teacher certification compliance regulations link the proficiency of SUNY authorized charters in preparing students well to the opportunity to fulfill the purposes of the Act by allowing only those schools with strong academic performance to propose a program of teacher certification that sharpens the focus on holding schools accountable “for meeting measureable student achievement results.”

3. Needs and benefits: Much like their district counterparts across the state, SUNY’s high performing charter schools cite challenges in identifying high quality teachers. The challenges are compounded by the need to find high quality teachers that have completed the myriad of steps and tasks required in the state’s rule-based teacher certification requirements that are often not directly linked to building teacher proficiency in the instructional skills and knowledge that make a particular SUNY charter school successful. For a prospective teacher, it means that in addition to a teacher’s instructional course load, communication with caregivers, supporting students after and before school, grade level team meetings, meetings with school embedded instructional coaches, preparations for the next day or week’s quality lesson delivery, and the school’s weekly, monthly and summer intensive professional development requirements, that teacher must as well hustle after class or between summer engagements to attend and complete traditional certification requirements with no tie to the successful school program in which they teach. The proposed SUNY charter teacher certification regulations link certification to programs that have demonstrated student success and do not require teachers to complete a set of steps, tests and tasks not designed for teachers embedded in a high quality school. Charter schools with a history of strong student performance normally have in place teacher requirements and professional development programs that not only compare to traditional certification pathways but are also tailored to the unique, successful educational programs they deliver. Those schools will have access to a broader range of legally qualified candidates so long as the schools provide a quality teacher instruction program and maintain high student performance outcomes.

4. Costs:

a. Costs to regulated parties: The proposed rulemaking does not impose a cost on a regulated party. It is voluntary for a SUNY authorized charter schools to apply. It is voluntary for a teacher candidate to apply to an approved program. A charter school with an approved teacher instruction program cannot teacher candidates a fee to attend the program.

b. Costs to local government: The amendments do not impose any costs to the State or local government. There will be costs for SUNY to implement and administer the regulations. Cost for review of applications to approve an instructional program will be approximately $3000 per review. This is based on a consultant fee of $300 per hour and approximately 10 hours of review work. The fee is based on current consultant fees in the area and the expectation of a highly qualified and specialized area of consultant expertise (teacher preparation training). Record keeping and administration would require approximately a 0.5 administrative assistant position, which based on current staffing at SUNY, would be approximately $31,500.

c. Cost source information: Cost information is based on the current costs associated with activities at the State University of New York.

5. Local government mandates: There are no programs, services, duties or responsibilities imposed upon any county, city, town, village, school district, fire district or other special district by the proposed rulemaking.

6. Paperwork: The proposed rulemaking do not impose any additional paperwork requirements for individual candidates because participate is voluntary. In fact, it may reduce paperwork that would currently be required to apply for state certification. Currently, candidates who have not completed the required steps before application for their certification are denied the certification and must re-apply after completion of the steps. The proposed rulemaking will alleviate this issue by allowing candidates to gain intern status and then complete the required professional development within six months (and possible six month renewal) after their application for the certification.

7. Duplication: The proposed rulemaking do not duplicate existing Federal requirements. Three parts of state teacher certification requirements are present in the proposed rulemaking: Mandated Reports of Child Abuse and Neglect training; School Violence Intervention and Prevention (SAVE) training; and six hours of training on harassment, bullying and discrimination prevention. The first two trainings are approved by the New York State Education Department (NYSED) and may be used for state certification. Only the last training would not be accepted by NYSED and, therefore, would be duplicative of the NYSED approved Dignity for All Students Act training.

8. Alternatives: No alternatives were considered.

9. Federal standards: There are no applicable federal standards.

10. Compliance schedule: The proposed rulemaking is voluntary. Therefore, there is not an estimated time for affected persons to come into compliance. It is anticipated that the proposed rulemaking will come before the State University of New York’s Charter Schools Committee for permanent adoption at its September 2017 meeting. If adopted at the September 2017 meeting, the proposed rulemaking will become effective immediately.

1. Effect of Rule

(a) Small businesses:

State University of New York (“SUNY”) authorized charter schools are not-for-profit education corporations. The proposed rulemaking is for SUNY authorized charter schools which voluntarily apply to operate an instructional program for their teachers. As the proposed rulemaking is for SUNY charter schools that volunteer to participate, the proposed rulemaking does not impose any new recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small businesses.

(b) Local governments:

SUNY authorized charter schools are not-for-profit education corporations. The proposed rulemaking does not impose any new recordkeeping or other compliance requirements, and will not have an adverse economic impact, on local government. Because it is evident from the nature of the proposed rulemaking that they do not affect local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for local governments is not required and one has not been prepared.

The Rural Area Flexibility analysis is not required as the proposed rulemaking does not have an adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. The proposed rulemaking allows a greater number of qualified applicants for teaching positions in SUNY authorized charter schools. SUNY authorized charter schools are not located in any rural areas. Accordingly, a rural flexibility analysis is not required and one has not been prepared.

A job impact statement is not required for this rulemaking as the proposed rulemaking will not have an adverse impact on jobs and employment opportunities. The purpose of Part 700 is to increase the flexibility of SUNY authorized charter schools to hire candidates applying for teaching positions in SUNY authorized charter schools.

1. Nature of impact: The proposed rulemaking does not create nor eliminate jobs but creates a greater pool of applicants for existing jobs.

2. Categories and numbers affected: The proposed rulemaking does adversely affect the number of teaching positions in SUNY authorized charter school but simply has the potential to increase the pool of qualified applicants.

3. Regions of adverse impact: The proposed rulemaking does not have an adverse impact on jobs anywhere in the state.

4. Minimizing adverse impact: The proposed rulemaking does not have an adverse impact on jobs and therefore, minimizing measures are not necessary.

5. Self-employment opportunities: The proposed rulemaking does not have any impact on self-employment opportunities.