Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 202(1) and (5), is the December 2017 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the December Regents meeting, is December 27, 2017 the date a Notice of Adoption would be published in the State Register. However, 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 taking the edTPA from the time the new passing score is implemented until the implementation of the Multiple Measures Review Process are able to take advantage of the Safety Net and are not at a disadvantage.

(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) Teacher performance assessment. A candidate who takes and fails to achieve a satisfactory level of performance on the teacher performance assessment (after completing and submitting for scoring the teacher performance assessment), may, in lieu of retaking the teacher performance assessment:

(i) receive a satisfactory score on the written assessment of teaching skills after receipt of his/her score on the teacher performance assessment and prior to [either the date a new passing score for the edTPA is approved by the commissioner after a recommendation is made by a new standard setting panel or] June 30, 2018[, whichever is earlier]; or

(ii) pass the written assessment of teaching skills on or before April 30, 2014 (before the new certification examination requirements became effective), provided the candidate has taken and failed the teacher performance assessment prior to [either the date a new passing score for the edTPA is approved by the commissioner after a recommendation is made by a new standard setting panel or] June 30, 2018[, whichever is earlier].

2. Subdivision (d) of section 80-1.5 of the Regulations of the Commissioner of Education shall be amended, effective September 12, 2017, to be read as follows:

(d) Multiple Measures Review Process for the edTPA.

(1) A candidate may apply for a waiver of the edTPA requirement on or after the effective date of this section through a multiple-measures review process. Provided however, that this process will only apply if and when a new standard setting panel has been convened and makes a recommendation to the Commissioner for a new passing score for the edTPA and such score has been approved by the Commissioner for use with the edTPA, and the candidate meets the requirements set forth in paragraph (2) of this subdivision.

(2) To be eligible for a waiver of the requirement for the edTPA through the multiple-measures review process, a candidate shall:

(i) receive a score within [one standard deviation] two points below the new passing score set by the standard setting panel, as determined by the Commissioner;

(ii) . . .

(iii) . . .

(iv) . . .

(3) . . .

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 215 authorizes the Commissioner to require reports from schools under State educational supervision.

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

Education Law 3006 authorizes the Commissioner to issue teaching certificates and to promulgate regulations relating to the requirements for such certificates.

Education Law 3009 prohibits school district monies from being used to pay the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment is to extend the existing edTPA Safety Net until June 30, 2018. This extension will help candidates transition to the Multiple Measures Review Process, which is anticipated to begin in early 2018. The amendment also revises the eligibility criteria for the Multiple Measures Review Process from “one standard deviation below the passing score” to “two points below the passing score” to be aligned with the recommendations of the edTPA standard setting panel. This means that candidates falling two points below the new edTPA passing score will be eligible to use the Multiple Measures Review Process.

3. NEEDS AND BENEFITS:

Based on recommendations from the edTPA Task Force presented in January 2017, the Department convened a 31-member edTPA standard setting panel in June 2017 to review the edTPA passing score. This panel included higher education faculty with experience in teacher preparation as well as P-12 educators. The panel was demographically and geographically diverse. The panel recommended a passing score of 40 to be implemented after a four-year phase-in period.

Under the recommended phase-in period beginning January 1, 2018, the new passing score for the edTPA will be 38. When the Multiple Measures Review Process in Section 80-1.5 of the Regulations is implemented, candidates who fail the edTPA with a score of 36 or 37 will be eligible for this review of their edTPA score to determine if they have demonstrated to their faculty and their teacher/mentor that they have the knowledge, skills, and abilities to become a teacher of record despite failing the edTPA.

Proposed Amendment

Currently, the Regulations authorize candidates to take advantage of the edTPA Safety Net until either the date a new passing score for the edTPA is approved by the Commissioner after a recommendation is made by a new standard setting panel or until June 30, 2018, whichever is earlier. In order to help candidates transition to the Multiple Measures Review Process, the proposed amendment will extend the existing edTPA Safety Net until June 30, 2018. This extension of the Safety Net will help candidates transition to the Multiple Measures Review Process, which is anticipated to begin in early 2018. The amendment also revises Section 80-1.5(d) to change the eligibility criteria for the Multiple Measures Review Process from “one standard deviation below the passing score” to “two points below the passing score” to be aligned with the recommendation of the edTPA standard setting panel. This means that candidates falling two points below the new edTPA passing score will be eligible to use the Multiple Measures Review Process.

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 the result of the extensive work of the edTPA Task Force as well as the edTPA standard setting panel. Alternative recommendations were discussed by the Task Force and standard setting panel, and the resulting recommendations represent consensus of the groups.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

If adopted by the Board of Regents at its September meeting, the proposed amendment will become effective as an emergency measure on September 12, 2017. Following the 45-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 December 2017 meeting and would become effective as a permanent rule on December 27, 2017.

The purpose of the proposed emergency amendment is to amend section 80-1.5 of the Regulations of the Commissioner of Education to extend the existing edTPA Safety Net until June 30, 2018. This extension of the Safety Net will help candidates transition to the Multiple Measures Review Process, which is anticipated to begin in early 2018. The amendment also revises Section 80-1.5(d) to change the eligibility criteria for the Multiple Measures Review Process from “one standard deviation below the passing score” to “two points below the passing score” to be aligned with the recommendation of the edTPA standard setting panel. This means that candidates falling two points below the new edTPA passing score will be eligible to use the Multiple Measures Review Process.

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 teacher certification candidates where the edTPA is a certification requirement, including those 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:

Based on recommendations from the edTPA Task Force presented in January 2017, the Department convened a 31-member edTPA standard setting panel in June 2017 to review the edTPA passing score. This panel included higher education faculty with experience in teacher preparation as well as P-12 educators. The panel was demographically and geographically diverse. The panel recommended a passing score of 40 to be implemented after a four-year phase-in period.

Under the recommended phase-in period beginning January 1, 2018, the new passing score for the edTPA will be 38. When the Multiple Measures Review Process in Section 80-1.5 of the Regulations is implemented, candidates who fail the edTPA with a score of 36 or 37 will be eligible for this review of their edTPA score to determine if they have demonstrated to their faculty and their teacher/mentor that they have the knowledge, skills, and abilities to become a teacher of record despite failing the edTPA.

Proposed Amendment

Currently, the Regulations authorize candidates to take advantage of the edTPA Safety Net until either the date a new passing score for the edTPA is approved by the Commissioner after a recommendation is made by a new standard setting panel or until June 30, 2018, whichever is earlier. In order to help candidates transition to the Multiple Measures Review Process, the proposed amendment will extend the existing edTPA Safety Net until June 30, 2018. This extension of the Safety Net will help candidates transition to the Multiple Measures Review Process, which is anticipated to begin in early 2018. The amendment also revises Section 80-1.5(d) to change the eligibility criteria for the Multiple Measures Review Process from “one standard deviation below the passing score” to “two points below the passing score” to be aligned with the recommendation of the edTPA standard setting panel. This means that candidates falling two points below the new edTPA passing score will be eligible to use the Multiple Measures Review Process.

3. COSTS:

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

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment seeks to extend the safety net for candidates taking the edTPA, and to conform the eligibility criteria for the Multiple Measures Review Process to the recommendations from the edTPA standard setting panel. The amendment creates no adverse impact on teacher certification candidates.

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 emergency amendment to section 80-1.5 of the Regulations of the Commissioner of Education is to extend the existing edTPA Safety Net until June 30, 2018. This extension of the Safety Net will help candidates transition to the Multiple Measures Review Process, which is anticipated to begin in early 2018. The amendment also revises Section 80-1.5(d) to change the eligibility criteria for the Multiple Measures Review Process from “one standard deviation below the passing score” to “two points below the passing score” to be aligned with the recommendation of the edTPA standard setting panel. This means that candidates falling two points below the new edTPA passing score will be eligible to use the Multiple Measures Review Process.

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, and no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.