We are nearly five years into the implementation of the new and revised certification examinations. The Department has already provided a one year extension of the teacher performance assessment and $ 11.5 million to CUNY, SUNY, and the independent colleges to support the provision of faculty professional development on topics such as the Common Core and the new certification examinations. However, in spite of the nearly five years of awareness raising, professional development offerings related to transition to the new assessment, and the one year extension that was already provided for programs and candidates, in order to address the concerns raised by the field while at the same time recognizing the previous extension and investments made in faculty development around the edTPA, the proposed amendment attempts to provide additional flexibility for candidates who take and fail the edTPA on their first attempt. The proposed amendment authorizes the Commissioner to issue an initial certificate to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2015, except he/she does not receive a satisfactory passing score on the teacher performance assessment, if the candidate either receives a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to June 30, 2015; or passes the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the teacher performance assessment prior to June 30, 2015.

The proposed amendment was adopted as an emergency rule at the April 28-29, 2014 Regents meeting, effective April 29, 2014. A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on May 14, 2014. The proposed amendment has now been revised to clarify that the edTPA “safety net” approved by the Board of Regents at their April meeting allows any candidate who applies for and meets the requirements of an initial certificate on or before June 30, 2015, except he/she does not receive a passing score on the edTPA, may either: (1) take and pass the ATS-W after receipt of his/her score on the edTPA and prior to June 30, 2015, or (2) if the candidate had previously passed the ATS-W on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the edTPA prior to June 30, 2015, the candidate will be issued an initial certificate.

Because the Board of Regents meets at scheduled intervals, the earliest the revised proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register on August 13, 2014 and expiration of the 30-day public comment period for a Revised Rule Making, as provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), is the October 20-21, 2014 Regents meeting. Pursuant to SAPA § 203(1), the earliest effective date of the permanent rule, if adopted at the October Regents meeting, would be November 5, 2014, the date a Notice of Adoption will be published in the State Register. However, the April emergency rule will expire on July 27, 2014, 90 days after its filing with the Department of State on April 29, 2014. A lapse in the rule's effective date could disrupt the certification process for teacher candidates who are subject to the rule and who will be applying for certification on or after May 1, 2014 and prior to June 30, 2015.

Emergency action is therefore necessary for the preservation of the general welfare to ensure that the proposed rule adopted by emergency action at the April 2014 Regents meeting remains continuously in effect until the effective date of its permanent adoption.

Furthermore, emergency action to adopt the proposed rule is necessary now for the preservation of the general welfare in order to ensure that teacher candidates who will be applying for certification on or after May 1, 2014 and prior to June 30, 2015, have timely and sufficient notice that, if they fail the edTPA and subsequently take and pass the ATS-W prior to June 30, 2015 or if they passed the ATS-W (prior to the new certification requirements) and fail the edTPA prior to June 30, 2015, they may receive an initial certificate.

2. Subclause (1) of clause (b) of subparagraph (iv) of paragraph (2) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective July 25, 2014, to read as follows:

(1) The department shall conduct a registration review in the event that fewer than 80 percent of students, who have satisfactorily completed the institution’s program during a given academic year and have also completed one or more of the examinations required for a teaching certificate, pass each such examination that they have completed; provided that for the 2014-2015 and 2015-2016 academic years, the department shall not conduct a registration review based solely upon students having less than an 80 percent passage rate on the teacher performance assessment. However, programs with less than an 80 percent passage rate for the 2013-2014 and 2014-2015 academic years on the teacher performance assessment will be required to submit a professional development plan to the Department that describes how the program plans to improve the readiness of faculty and pass rate for candidates on the teacher performance assessment. For purposes of this clause, students who have satisfactorily completed the institution's program shall mean students who have met each educational requirement of the program, excluding any institutional requirement that the student pass each required examination of the New York State teacher certification examinations for a teaching certificate in order to complete the program. Students satisfactorily meeting each educational requirement may include students who earn a degree or students who complete each educational requirement without earning a degree. For determining this percentage, the department shall consider the performance on each certification examination of those students completing an examination not more than five years before the end of the academic year in which the program is completed or not later than the September 30th following the end of such academic year, academic year defined as July 1st through June 30th, and shall consider only the highest score of individuals taking a test more than once.

3. Paragraph (2) of subdivision (b) of section 80-3.3 of the Regulations of the Commissioner of Education is amended, effective July 25, 2014, to read as follows:

(2) Examination. The candidate shall meet the examination requirement by meeting the requirements in one of the following subparagraphs:

(i)(a) Except as otherwise provided in this section, for candidates who have completed all requirements for initial certification on or before April 30,2014 and who apply for certification on or before April 30, 2014, the candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination liberal arts and sciences test, written assessment of teaching skills, and content specialty test(s) in the area of the certificate on or before April 30, 2014, except that a candidate seeking an initial certificate in the title of Speech and Language Disabilities (all grades) shall not be required to achieve a satisfactory level of performance on the content specialty test. Instead of meeting the examination requirements of this subdivision, a candidate applying for certification on or before April 30, 2014 may achieve a satisfactory level of performance on the set of certification examinations described in subdivision (b) of this section, except that such candidate may receive a satisfactory level of performance on either the teacher performance assessment or the written assessment of teaching skills.

(b) Except as otherwise provided in this section, for candidates applying for certification on or after May t, 2014 or candidates who applied for certification on or before April 30, 2014 but did not meet all the requirements for an initial certificate on or before April 30, 2014, such candidates shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination teacher performance assessment, the educating all students test, the academic literacy skills test and the content specialty test(s) in the area of the certificate, except that a candidate seeking an initial certificate in the title of Speech and Language Disabilities (all grades) shall not be required to achieve a satisfactory level of performance on the content specialty test or the teacher performance assessment and a candidate seeking an initial certificate in the title of Educational Technology Specialist (all grades) shall not be required to achieve a satisfactory level of performance on the teacher performance assessment. Provided however, if a candidate applies for and meets all the requirements for an initial certificate on or before June 30, 2015 (including completing and submitting for scoring the teacher performance assessment), except the candidate does not receive a satisfactory score on the teacher performance assessment. the candidate may meet the requirements for an initial certificate, if the candidate either:

(c) …

(ii) …

(c) …

4. Section 80-3.4 of the Regulations of the Commissioner of Education is amended, effective July 25, 2014, as follows:

Section 80-3.4. Requirements for the professional certificate in the classroom teaching service.

(a) …

(b) Requirements for professional certificates in all titles in classroom teaching service, except in a specific career and technical subject within the field of agriculture, business and marketing, family and consumer sciences, health, a technical area, or a trade (grades 7 through 12). The candidate shall meet the requirements in each of the following paragraphs:

(1) …

(2) …

(3) Examination.

(i)(a) …

(b) Candidates who hold a transitional C certificate for career changers and others holding a graduate academic or graduate professional degree, pursuant to the requirements of section 80-5.14 this Part, and who apply for certification on or after May 1, 2014 or candidates who apply for professional certification on or before April 30, 2014 but do not meet all the requirements for a professional certificate on or before April 30, 2014 shall submit evidence of having a achieved a satisfactory level of performance on the New York State Teacher Certification Examination teacher performance assessment. Provided, however, if a candidate applies for and meets all the requirements for a professional certificate on or before June 30, 2015 (including completing and submitting for scoring the teacher performance assessment), except the candidate does not receive a satisfactory score on the teacher performance assessment, the candidate may meet the requirements for a professional certificate, if the candidate either:

(i) receives a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to June 30, 2015; or

(ii) passes the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the teacher performance assessment prior to June 30, 2015.

(c) …

5. Subparagraph (ii) of paragraph (1) of subdivision (b) of section 80-5.13 of the Regulations of the Commissioner of Education is amended, effective April 29, 2014, to read as follows:

(ii) Examination.

(a) A candidate who applies for an initial certificate on or before April 30, 2014, and who has completed all other requirements for an initial certificate or who has completed all requirements for an initial certificate except completion of their registered Transitional B program, on or before April 30, 2014 shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher certification examination written assessment of teaching skills test, and any other examination required for the provisional or initial certificate, as applicable, and/or a, bilingual education extension of such certificate, as applicable, on or before April 30, 2014 or a satisfactory level of performance on teacher performance assessment, if applicable for that certificate title, and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.

(b) A candidate who applies for [certification] an initial certificate on or after May 1, 2014 or who applies for [certification] an initial certificate on or before April 30, 2014 but does not meet all the requirements for [a professional] an initial certificate on April 30, 2014, shall submit evidence of having achieved a satisfactory level of performance on the teacher performance assessment, if applicable for that certificate title, and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable. Provided however, if a candidate applies for and meets all the requirements for an initial certificate on or before June 30, 2015 (including completing and submitting for scoring the teacher performance assessment), except the candidate does not receive a satisfactory score on the teacher performance assessment, the candidate may meet the requirements for an initial certificate, if the candidate either:

Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on May 14, 2014, the following substantial revisions were made to the proposed rule:

Sections 80-3.3(b)(2)(i)(b), 80-3.4(b)(3)(i)(b), 80-5.13(b)(1)(ii)(b) are amended to clarify that if a candidate applies for and meets all the requirements for an initial certificate on or before June 30, 2015 (including completing and submitting for scoring the teacher performance assessment), except the candidate does not receive a satisfactory score on the teacher performance assessment, the candidate may meet the requirements for an initial certificate, if the candidate either: (1) takes and pass the ATS-W after receipt of his/her failing score on the edTPA and prior to June 30, 2015, or (2) if the candidate had previously passed the ATS-W on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the edTPA prior to June 30, 2015, the candidate will be issued an initial certificate (this applies to Transitional B program candidates who apply for an initial certificate as well). Transitional C certificate holders (generally Career and Technical Education teachers who are career changers or hold a graduate academic or professional degree) would be provided similar flexibility in meeting the edTPA requirement for a professional certificate.

The above revisions require revisions to the Needs and Benefits section of the previously published Regulatory Impact Statement.

3. NEEDS AND BENEFITS:

At the November and December 2009 Board of Regents meetings, the Board approved a number of initiatives for the purpose of transforming teaching and learning and school leadership in New York State. The Board of Regents discussion included the development of new examinations, creation of performance assessments for teachers and school building leaders, and the revision of the current Content Specialty Tests (CSTs). The teacher performance assessment was intended to measure candidates’ readiness for the classroom consistent with the New York State Teaching Standards, which were adopted with extensive stakeholder input.

In May 2010, the Board reaffirmed the direction for the new examinations, which includes the Academic Literacy Skills Test (ALST), the Educating All Students test (EAS), the edTPA, and the School Building Leader performance assessment (SBL), as well as revisions to the CSTs. The new certification examinations were described in New York’s Race to the Top (RTTT) application in 2010, are part of New York’s RTTT scope of work, and were scheduled to be implemented in May 2013. Stakeholder engagement – particularly teacher preparation program faculty – in the development of the new teacher performance assessment began in 2010. The NYS-developed performance assessment was similar in construct and was field tested twice (spring and fall of 2011) and over 250 faculty members and over 550 students participated. Work continued on the NYS-developed performance assessment until we learned about the opportunity to partner with SCALE to implement the edTPA. NYS also conducted an edTPA statewide field test in 2013. At its February 2012 meeting, the Board of Regents approved a shift in the implementation date of the new certification examinations (edTPA, ALST, EAS and the SBL) from May 1, 2013 to May 1, 2014. This implementation date was selected in order to provide educator preparation programs with an additional year to prepare teaching candidates, while at the same time ensuring that the timeframes in the State’s RTTT application are met.

As discussed at the December 2012 and October 2013 Regents meetings, the Department partnered with the Teacher Performance Assessment Consortium (TPAC) in February 2012 and is utilizing the edTPA as its teacher performance assessment, which was developed by the Stanford Center for Assessment, Learning and Equity (SCALE). The edTPA is a multiple???measure assessment system aligned to state and national standards, including the Common Core State Standards and the Interstate Teacher Assessment and Support Consortium (InTASC). Most importantly, the edTPA is on the cutting edge of teacher candidate assessment practices nationally and has been adopted by 34 states and the District of Columbia. The assessment is based on the National Board for Professional Teaching Standards (NBPTS). The edTPA is designed to measure a candidate’s readiness to teach by assessing teaching behaviors designed to foster student learning such as the candidate’s ability to demonstrate effective planning, instruction, and assessment. In order for candidates to complete the edTPA, they need to submit a video of their performance in the classroom.

Early on, the Department established strong systems of support to ensure that each college and university had the information needed to successfully prepare its candidates. In April 2012, the Office of Higher Education announced the creation of a set of agreements with SUNY, CUNY, and the Commission on Independent Colleges and Universities (cIcu) to provide professional development to enhance collaboration between schools of education and colleges of arts and sciences around the Regents Reform Agenda. The project has funded trainings focused on the Common Core Learning Standards, Data-Driven Instruction, Clinically Rich Teacher Preparation, the new certification examinations, and APPR. Funding from RTTT was used to provide a total of $10 million to SUNY, CUNY, and cIcu. In November 2013, the Office of Higher Education offered SUNY, CUNY and cIcu an additional $1.5 million total to continue faculty professional development using RTTT funding. The faculty development scope of work is outlined and fully described in each sector’s work plan, available online at http://www.highered.nysed.gov/mou.html.

Statewide field tests of the edTPA – with optional campus participation - occurred during the 2012-13 academic year. Fifty-one campuses participated.

In January 2013, the Governor’s Education Reform Commission, recognizing the need for excellent teachers, released its preliminary report and recommended the establishment of a “bar” like exam for entry into the teaching and principal profession. In March 2013, the state budget was enacted with a provision requiring the creation of standards for a teacher and principal bar exam certification program.

We are five years into the implementation of the new and revised certification examinations. The Department has already provided a one- year extension and $11.5 million to CUNY, SUNY, and cIcu to support the provision of faculty professional development on topics such as the Common Core and the new certification examinations. Further, with a modest, but meaningful number of operational test takers so far, (approximately 1,660), the Department has estimated that the pass rate is approximately 83%.

However, in an effort to address the concerns raised by the field, the proposed amendment provides flexibility to teacher candidates who have taken and failed the edTPA. Specifically, the proposed amendment authorizes the Commissioner to issue an initial certificate to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2015, except he/she fails the edTPA, and either: (1) takes and pass the ATS-W after receipt of his/her failing score on the edTPA and prior to June 30, 2015, or (2) if the candidate had previously passed the ATS-W on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the edTPA prior to June 30, 2015, the candidate will be issued an initial certificate (this applies to Transitional B program candidates who apply for an initial certificate as well). Transitional C certificate holders (generally Career and Technical Education teachers who are career changers or hold a graduate academic or professional degree) would be provided similar flexibility in meeting the edTPA requirement for a professional certificate.

In addition, under the current Section 52.21(b)(2)(iv) of the Commissioner’s Regulations, an institution shall be required to submit a comprehensive corrective action plan in the event that fewer than 80 percent of students, who have satisfactorily completed the institution's program during a given academic year and have also completed one or more of the examinations required for a teaching certificate, pass each such examination that they have completed. If the Department does not approve the corrective action plan, the institution shall be subject to denial of re-registration in accordance with the requirements of Section 52.23 of the Commissioner’s Regulations. The Department recommends that the 80% passage requirement be waived for students who take the edTPA in the 2013-2014 and 2014-2015 academic years. Instead, programs with fewer than 80% of students who pass the edTPA in these academic years will be required to submit a professional development plan to the Department that describes how the program plans to improve the readiness of faculty and pass rate for candidates on the edTPA. The Department will not use edTPA scores in the State’s institutional profiles until the 2015-2016 academic year.

Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on May 14, 2014, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.

The above revisions to the proposed rule require that Statement in Lieu of a Regulatory Flexibility Analysis be revised to read as follows:

STATEMENT IN LIEU OF A REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND LOCAL GOVERNMENTS

In order to address the concerns raised by the field while at the same time recognizing the previous extension and investments made in faculty development around the edTPA, the proposed amendment attempts to provide additional flexibility for candidates who take and fail the edTPA on their first attempt. The proposed amendment authorizes the Commissioner to issue an initial certificate to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2015, except he/she fails the edTPA, and either: (1) takes and pass the ATS-W after receipt of his/her failing score on the edTPA and prior to June 30, 2015, or (2) if the candidate had previously passed the ATS-W on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the edTPA prior to June 30, 2015, the candidate will be issued an initial certificate (this applies to Transitional B program candidates who apply for an initial certificate as well). Transitional C certificate holders (generally Career and Technical Education teachers who are career changers or hold a graduate academic or professional degree) would be provided similar flexibility in meeting the edTPA requirement for a professional certificate.

In addition, under the current section 52.21(b)(2)(iv) of the Commissioner’s Regulations, an institution shall be required to submit a comprehensive corrective action plan in the event that fewer than 80 percent of students, who have satisfactorily completed the institution's program during a given academic year and have also completed one or more of the examinations required for a teaching certificate, pass each such examination that they have completed. If the Department does not approve the corrective action plan, the institution shall be subject to denial of re-registration in accordance with the requirements of Section 52.23 of the Commissioner’s Regulations. The Department recommends that the 80% passage requirement be waived for students who take the edTPA in the 2013-2014 and 2014-2015 academic years. Instead, programs with fewer than 80% of students who pass the edTPA in these academic years will be required to submit a professional development plan to the Department that describes how the program plans to improve the readiness of faculty and pass rate for candidates on the edTPA. The Department will not use edTPA scores in the State’s institutional profiles until the 2015-2016 academic year.

The proposed rule does not impose any reporting, recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small businesses or local governments. Because it is evident from the nature of the 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.

Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on May 14, 2014, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.

The above revisions to the proposed rule require that the Reporting, Recordkeeping, and Other Compliance Requirements; and Professional Services Section of the previously published Rural Area Flexibility Analysis be revised to read as follows:

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

In order to address the concerns raised by the field while at the same time recognizing the previous extension and investments made in faculty development around the edTPA, the proposed amendment attempts to provide additional flexibility for candidates who take and fail the edTPA on their first attempt. The proposed amendment authorizes the Commissioner to issue an initial certificate to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2015, except he/she fails the edTPA, and either: (1) takes and pass the ATS-W after receipt of his/her failing score on the edTPA and prior to June 30, 2015, or (2) if the candidate had previously passed the ATS-W on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the edTPA prior to June 30, 2015, the candidate will be issued an initial certificate (this applies to Transitional B program candidates who apply for an initial certificate as well). Transitional C certificate holders (generally Career and Technical Education teachers who are career changers or hold a graduate academic or professional degree) would be provided similar flexibility in meeting the edTPA requirement for a professional certificate.

In addition, under the current section 52.21(b)(2)(iv) of the Commissioner’s Regulations, an institution shall be required to submit a comprehensive corrective action plan in the event that fewer than 80 percent of students, who have satisfactorily completed the institution's program during a given academic year and have also completed one or more of the examinations required for a teaching certificate, pass each such examination that they have completed. If the Department does not approve the corrective action plan, the institution shall be subject to denial of re-registration in accordance with the requirements of Section 52.23 of the Commissioner’s Regulations. The Department recommends that the 80% passage requirement be waived for students who take the edTPA in the 2013-2014 and 2014-2015 academic years. Instead, programs with fewer than 80% of students who pass the edTPA in these academic years will be required to submit a professional development plan to the Department that describes how the program plans to improve the readiness of faculty and pass rate for candidates on the edTPA. The Department will not use edTPA scores in the State’s institutional profiles until the 2015-2016 academic year.

The proposed amendment does not require any professional services to comply.

Since publication of the Notice of Emergency Adoption and Revised Rule Making in the State Register on May 14, 2014, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.

The proposed amendment authorizes the Commissioner to issue an initial certificate to a candidate who applies for and meets all the requirements for an initial certificate on or before June 30, 2015, except he/she fails the edTPA, and either: (1) takes and pass the ATS-W after receipt of his/her failing score on the edTPA and prior to June 30, 2015, or (2) if the candidate had previously passed the ATS-W on or before April 30, 2014 (before the new certification examination requirements became effective) and the candidate has taken and failed the edTPA prior to June 30, 2015, the candidate will be issued an initial certificate (this applies to Transitional B program candidates who apply for an initial certificate as well). Transitional C certificate holders (generally Career and Technical Education teachers who are career changers or hold a graduate academic or professional degree) would be provided similar flexibility in meeting the edTPA requirement for a professional certificate. The revised rule will not have a substantial adverse impact on job or employment opportunities. Because it is evident from the nature of the revised rule that it will have no impact on jobs or employment opportunities, no further measures were taken. Accordingly, a job impact statement is not required and one has not been prepared.

The agency received no public comment.