(l) Minimum Selection Criteria by Graduate-Level Teacher and Educational Leadership Programs Commencing Instruction on or after July 1, 2016.

(1) Institutions with registered graduate level teacher and educational leadership programs shall adopt rigorous selection criteria geared to predicting a candidate's academic success in its program. These rigorous selection criteria shall include, but not be limited to, [a minimum score on the graduate record examination or a substantially equivalent admission examination, as determined by the institution, and] achievement of a cumulative grade point average of 3.0, or its equivalent, in the candidate's undergraduate program[; provided, however, that such graduate record examination or substantially equivalent admission examination requirement shall in no case apply to currently certified teachers or educational leaders who already hold a graduate degree].

(2) Each program may exempt [no more than 15] up to 50 percent of any incoming class of students from such selection criteria described in this subclause based on such student's demonstration of potential to positively contribute to the teaching and/or educational leadership professions, as applicable. A program shall report to the Department the number of students admitted pursuant to such exemption and the selection criteria used for such exemptions.

1. STATUTORY AUTHORITY:

Education Law § 101 charges the Department with the general management and supervision of all public schools and all of the educational work of the state.

Education Law § 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law § 210 authorizes the Regents to register domestic and foreign institutions in terms of New York standards.

Education Law § 210-a requires each institution registered by the Department with graduate-level teacher and leader education programs to adopt rigorous selection criteria, and provides for an exemption for such selection criteria.

Education Law § 210-b authorizes the Commissioner to suspend a graduate program’s authority to admit new students if for three consecutive academic years, fewer than fifty percent of its students who have satisfactorily completed the program pass each examination that they have taken that is required for certification.

Education Law § 305 authorizes the Commissioner to enforce the educational policies of this State and execute all educational policies determined by the Regents and shall prescribe the licensing of teachers employed in this State.

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

Education Law § 3004 authorizes the Commissioner to promulgate regulations governing the certification requirements for teachers employed in public schools.

Education Law § 3006 authorizes the Commissioner to issue such other certificates as the Regents rules shall prescribe.

Education Law § 3009 prohibits school districts from paying the salary of an unqualified teacher.

Chapter 620 of the Laws of 2021 amends Education Law § 210-a to remove the requirement for a minimum score on the graduate record examination or similar examination as part of admission requirements for graduate-level teacher and educational leader programs.

Chapter 626 of the Laws of 2021 amends Education Law § 210-a to increase the percentage of students from any incoming class who can be exempted from the admission requirements for graduate level teacher and educational leader programs from no more than fifteen percent to fifty percent.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to align the Commissioner’s regulations with recent changes to section 210-a of the Education Law made by Chapter 620 and 626 of the Laws of 2021.

3. NEEDS AND BENEFITS:

Chapter 620 of the Laws of 2021 removed the statutory requirement for a minimum score on the graduate record examination or a substantially equivalent admission examination, as determined by an institution of higher education, for admission to a graduate-level teacher or educational leadership program. Additionally, Chapter 626 of the Laws of 2021 increased the percentage of an incoming class that may be exempted from the required selection criteria for admission to a graduate-level teacher or educational leadership program from fifteen percent to fifty percent.

Therefore, the Department proposes to amend section 52.21 of the Commissioner’s regulations to make conforming revisions consistent with these statutory changes.

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:

The proposed amendment is necessary to align the Commissioner’s regulations with recent changes to section 210-a of the Education Law made by Chapter 620 and 626 of the Laws of 2021. Therefore, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

Following the 60-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its July 2022 meeting. If adopted at the July meeting, the proposed amendment will become effective on July 27, 2022. It is anticipated that regulated parties will be able to comply with the proposed rule on its effective date.

The proposed amendment applies to all graduate-level teacher and educational leader programs in the state 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.

The purpose of the proposed amendment to section 52.21 of the Regulations of the Commissioner of Education is to align the Commissioner’s regulations with recent changes to section 210-a of the Education Law regarding admission requirements for graduate-level teacher and educational leader programs.

Chapter 620 of the Laws of 2021 removed the statutory requirement for a minimum score on the graduate record examination or a substantially equivalent admission examination, as determined by an institution of higher education, for admission to a graduate-level teacher or educational leadership program. Additionally, Chapter 626 of the Laws of 2021 increased the percentage of an incoming class that may be exempted from the required selection criteria for admission to a graduate-level teacher or educational leadership program from fifteen percent to fifty percent.

Therefore, the Department proposes to amend section 52.21 of the Commissioner’s regulations to make conforming revisions consistent with these statutory changes.

The amendments do not impose any new 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 proposed amendments that they will not affect small businesses or local governments, no further steps 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.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all graduate-level teacher and educational leader programs in the state 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:

The purpose of the proposed amendment to section 52.21 of the Regulations of the Commissioner of Education is to align the Commissioner’s regulations with recent changes to section 210-a of the Education Law regarding admission requirements for graduate-level teacher and educational leader programs.

Chapter 620 of the Laws of 2021 removed the statutory requirement for a minimum score on the graduate record examination or a substantially equivalent admission examination, as determined by an institution of higher education, for admission to a graduate-level teacher or educational leadership program. Additionally, Chapter 626 of the Laws of 2021 increased the percentage of an incoming class that may be exempted from the required selection criteria for admission to a graduate-level teacher or educational leadership program from fifteen percent to fifty percent.

Therefore, the Department proposes to amend section 52.21 of the Commissioner’s regulations to make conforming revisions consistent with these statutory changes.

3. COSTS:

The proposed amendment does not impose any costs on graduate-level teacher and educational leader programs.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to align the Commissioner’s regulations with recent changes to section 210-a of the Education Law made by Chapter 620 and 626 of the Laws of 2021. Such statutory changes apply to all graduate-level teacher and educational leader programs within the state. Therefore, no alternatives were considered for those programs located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendment has been provided to the New York Association of Colleges for Teacher Education for review and comment.

The purpose of the proposed amendment to section 52.21 of the Regulations of the Commissioner of Education is to align the Commissioner’s regulations with recent changes to section 210-a of the Education Law regarding admission requirements for graduate-level teacher and educational leader programs.

Chapter 620 of the Laws of 2021 removed the statutory requirement for a minimum score on the graduate record examination or a substantially equivalent admission examination, as determined by an institution of higher education, for admission to a graduate-level teacher or educational leadership program. Additionally, Chapter 626 of the Laws of 2021 increased the percentage of an incoming class that may be exempted from the required selection criteria for admission to a graduate-level teacher or educational leadership program from fifteen percent to fifty percent.

Therefore, the Department proposes to amend section 52.21 of the Commissioner’s regulations to make conforming revisions consistent with these statutory changes.

Because it is evident from the nature of the proposed amendment that it will have no impact on the existing number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.