(c) Except as otherwise prescribed in this subdivision, notwithstanding any applicable provisions of Subparts 80-1, 80-3, 80-4 and 80-5 of this Part or any other provision of rule or regulation to the contrary, a candidate who applies for and meets all the requirements for a certificate [on or before June 30, 2018], except that such candidate does not achieve a satisfactory level of performance on one or more of the new certification examinations the teacher performance assessment or the revised content specialty examination(s), as prescribed by the commissioner, that is/are required for the certificate title sought, may instead use one or more of the following safety net options, in lieu of taking, retaking one or more of such new and/or revised certification examinations:

(1) . . .

(2) . . .

(i) . . .

(ii) . . .

(iii) . . .

(iv) A candidate who takes and fails to achieve a satisfactory level of performance on part two of the new multi-subject: secondary teachers grade 7 - grade 12 content specialty test, if required for the certificate area sought and he/she received a satisfactory level of performance on parts one and three of such test on or after September 1, 2014 [through June 30, 2018] until the date a revised part two is operational, may, in lieu of retaking part two of such examination:

(a) present the department with sufficient evidence of satisfactory completion of the mathematics tutorial approved by the department [prior to June 30, 2018] until the date a revised part two is operational; and

(b) submit an attestation on or before [June 30, 2018] the date a revised part two is operational, on a form prescribed by the commissioner, attesting that the candidate has:

(1) . . .

(2) . . .

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 305(1) authorizes the Commissioner to enforce laws relating to the State educational system and execute Regents educational policies. Section 305(2) provides the Commissioner with general supervision over schools and authority to advise and guide school district officers in their duties and the general management of their schools.

Education Law 3001 establishes the qualifications of teachers in the classroom.

Education Law 3003 establishes the qualifications of superintendents.

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 purpose of the proposed amendment to Section 80-1.5 of the Regulations of the Commissioner of Education is to eliminate the requirement that candidates must complete all certification requirements on or before June 30, 2018 to be eligible to use one or more of the safety nets for the teacher certification exams. Candidates must continue to take advantage of safety nets before their applicable expiration date(s); however, they do not have to complete all additional requirements for certification by June 30, 2018. In addition, the amendment extends the Safety Net for Part two (mathematics) of the Multi-Subject 7-12 Content Specialty Test until such time that the revised Part two becomes operational.

3. NEEDS AND BENEFITS:

Currently, 80-1.5 of the Regulations require candidates to complete all certification requirements on or before June 30, 2018 to be eligible to use one or more of the safety nets for the teacher certification exams. This June 30 deadline would require candidates to complete the additional certification requirements prior to the expiration dates for the EAS and some of the CST safety nets.

Proposed Amendment

The Department is proposing to eliminate the requirement that all other certification requirements must be completed on or before June 30, 2018 to be eligible to use one or more of the safety nets. While candidates must continue to take advantage of the safety nets before their applicable expiration date(s), the proposed amendment provides flexibility for candidates to complete all additional certification requirements at their own pace. In addition, the amendment extends the Safety Net for Part two (mathematics) of the Multi-Subject 7-12 Content Specialty Test until such time that the revised Part two becomes operational.

4. COSTS:

a. Costs to State government: The amendment does not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendment does not impose any costs on local government.

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.

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:

No alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be adopted as a permanent rule by the Board of Regents at its May 2018 meeting following the 60-day public comment period required under the State Administrative Procedure act. If adopted at the May 2018 meeting, the proposed amendment will become effective as a permanent rule on May 23, 2018.

The purpose of the proposed amendment to Section 80-1.5 of the Regulations of the Commissioner of Education is to eliminate the requirement that candidates must complete all certification requirements on or before June 30, 2018 to be eligible to use one or more of the safety nets for the teacher certification exams. Candidates must continue to take advantage of safety nets before their applicable expiration date(s); however, they do not have to complete all additional requirements for certification by June 30, 2018. In addition, the amendment extends the Safety Net for Part two (mathematics) of the Multi-Subject 7-12 Content Specialty Test until such time that the revised Part two becomes operational.

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

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

This proposed amendment applies to all individuals in New York State pursuing a certificate in the classroom teaching service, including those located 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:

Currently, 80-1.5 of the Regulations require candidates to complete all certification requirements on or before June 30, 2018 to be eligible to use one or more of the safety nets for the teacher certification exams. This June 30 deadline would require candidates to complete the additional certification requirements prior to the expiration dates for the EAS and some of the CST safety nets.

Proposed Amendment

The Department is proposing to eliminate the requirement that all other certification requirements must be completed on or before June 30, 2018 to be eligible to use one or more of the safety nets. While candidates must continue to take advantage of the safety nets before their applicable expiration date(s), the proposed amendment provides flexibility for candidates to complete all additional certification requirements at their own pace. In addition, the amendment extends the Safety Net for Part two (mathematics) of the Multi-Subject 7-12 Content Specialty Test until such time that the revised Part two becomes operational.

3. COSTS:

The proposed amendment does not impose any costs on teacher certification candidates.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment creates no adverse impact.

5. RURAL AREA PARTICIPATION:

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

The purpose of the proposed amendment to Section 80-1.5 of the Regulations of the Commissioner of Education is to eliminate the requirement that candidates must complete all certification requirements on or before June 30, 2018 to be eligible to use one or more of the safety nets for the teacher certification exams. Candidates must continue to take advantage of safety nets before their applicable expiration date(s); however, they do not have to complete all additional requirements for certification by June 30, 2018. In addition, the amendment extends the Safety Net for Part two (mathematics) of the Multi-Subject 7-12 Content Specialty Test until such time that the revised Part two becomes operational.

Because it is evident from the nature of the proposed amendments that they 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.