(4) every curriculum leading to a certificate or diploma offered by a nonchartered proprietary institution authorized by the Regents to grant degrees, except noncredit curricula approved by another State agency for the purpose of licensure by that agency; and

(5) every curriculum leading to a master's degree in a clinically rich graduate level teacher preparation pilot program as prescribed under section 52.21(b)(5) of this Part [; and

(6) every curriculum leading to certification as a school building leader in a clinically rich graduate level principal preparation pilot program as prescribed under section 52.21(c)(7) of this Part].

2. Subparagraph (vi) of paragraph (2) of subdivision (c) of section 52.21 of the Regulations of the Commissioner of Education is amended to read as follows:

(iv) Content requirements. (a) [Programs] Prior to December 1, 2020, programs shall require candidates to complete studies sufficient to demonstrate, upon program completion, the knowledge and skills necessary to perform the following:

[(a)] (1) develop and implement an educational vision, or build and sustain an existing one, for assisting all students to meet State learning standards;

[(b)] (2) collaboratively identify goals and objectives for achieving the educational vision, seeking and valuing diverse perspectives and alternative points of view, and building understanding through direct and precise questioning;

[(c)] (3) communicate and work effectively with parents, staff, students, community leaders, and other community members from diverse backgrounds, providing clear, accurate written and spoken information that publicizes the school's goals, expectations, and performance results, and builds support for improving student achievement;

[(d)] (4) lead comprehensive, long-range planning, informed by multiple data sources, to determine the present state of the school, identify root causes of problems, propose solutions, and validate improvements with regard to all aspects of the school, including but not limited to:

[(1)] (i) curriculum development;

[(2)] (ii) instructional strategies and the integration of technology;

[(3)] (iii) classroom organization and practices;

[(4)] (iv) assessment;

[(5)] (v) student support services, including the provision of services to students with disabilities;

[(6)] (vi) professional support and development;

[(7)] (vii) succession planning;

[(8)] (viii) student, family, and community relations;

[(9)] (ix) facilities development; and

[(10)] (x) planning with colleges for providing curricula and experiences for college students preparing to become educators that will enhance their learning and the learning of the school's students;

[(e)] (5) effect any needed educational change through ethical decision making based upon factual analysis, even in the face of opposition;

[(f)] (6) establish accountability systems for achieving educational goals and objectives;

[(g)] (7) set a standard for ethical behavior by example, encouraging initiative, innovation, collaboration, mutual respect, and a strong work ethic;

[(h)] (8) develop staff capability for addressing student learning needs by effective supervision and evaluation of teachers, by effective staff assignments, support, and mentoring, and by providing staff with opportunities for continuous professional development;

[(i)] (9) create the conditions necessary to provide a safe, healthy, and supportive learning environment for all students and staff;

[(j)] (10) establish a school budget and manage school finances and facilities to support achievement of educational goals and objectives;

[(k)] (11) apply statutes and regulations as required by law, and implement school policies in accordance with law; and

[(l)] (12) maintain a personal plan for self-improvement and continuous learning.

(1) develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student;

(2) act ethically and professionally and according to professional norms to promote each student’s academic success and well-being;

(3) strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being;

(4) develop and support intellectually rigorous, culturally relevant, and coherent systems of curriculum, instruction, and assessment to promote the academic success and well-being of all students;

(5) cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of all students;

(6) develop the professional capacity, cultural competence, and practice of school personnel to promote the love of learning, academic success, and well-being of all students;

(7) foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being;

(8) engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being;

(9) manage school operations and resources to promote each student’s academic success and well-being; and

(10) act as agents of continuous improvement to promote each student’s academic success and well-being;

3. Paragraph (7) of subdivision (c) of section 52.21 of the Regulations of the Commissioner of the Education shall be repealed.

4. Section 30-3.2 of the Rules of the Board of Regents is amended, to read as follows:

§ 30-3.2 Definitions. As used in this Subpart:

(m) Leadership standards shall mean:

(1) For annual professional performance reviews conducted prior to the 2022-2023 school year, the Educational Leadership Policy Standards: ISLLC 2008 as adopted by the National Policy Board for Educational Administration (Council of Chief State School Officers, Washington DC, One Massachusetts Avenue, NW, Suite 700, Washington, DC 20001-1431; 2008- available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234). The Leadership Standards provide that an education leader promotes the success of every student by:

[(1)] (i) facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community;

[(2)] (ii) advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional growth;

[(3)] (iii) ensuring management of the organization, operations and resources for a safe, efficient, and effective learning environment;

[(4)] (iv) collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources;

[(5)] (v) acting with integrity, fairness, and in an ethical manner; and

[(6)] (vi) understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context.

(2) For annual professional performance reviews conducted commencing in the 2022-2023 school year, the Professional Standards for Educational Leaders: PSEL 2015 as adopted by the National Policy Board for Educational Administration (1904 Association Drive, Reston, VA 20191 -- available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234), as modified by the Board of Regents The New York State Leadership Standards provide that an education leader shall:

(i) develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student;

(ii) act ethically and professionally and according to professional norms to promote each student’s academic success and well-being;

(iii) strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being;

(iv) develop and support intellectually rigorous, culturally relevant, and coherent systems of curriculum, instruction, and assessment to promote the academic success and well-being of all students;

(v) cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of all students;

(vi) develop the professional capacity, cultural competence, and practice of school personnel to promote the love of learning, academic success, and well-being of all students;

(vii) foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being;

(viii) engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being;

(ix) manage school operations and resources to promote each student’s academic success and well-being; and

(x) act as agents of continuous improvement to promote each student’s academic success and well-being;

Provided, however, that nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on and after December 1, 2022 that requires the use of the ISLLC: 2008 standards until entry into a successor collective bargaining agreement.

3. Section 30-3.5 of the Rules of the Board of Regents is amended to read as follows:

(10) The evaluator may select a limited number of observable rubric subcomponents for focus on within a particular school visit, so long as all observable [ISLLC] leadership standards are addressed across the total number of annual school visits.

(11) . . .

(12) . . .

(13) Each subcomponent of the school visit category shall be evaluated on a 1-4 scale based on a State-approved rubric aligned to the [ISLLC] leadership standards and an overall score for the school visit category shall be generated between 1-4. Such subcomponent scores must incorporate all evidence collected and observed over the course of the school year in that subcomponent. Scores for each subcomponent of the school visit category shall be combined using a weighted average, producing an overall school visit category score between 1-4. In the event that a principal earns a score of 1 on all rated components of the practice rubric across all school visits, a score of 0 will be assigned. Weighting of Subcomponents with Principal School Visit Category. The weighting of the subcomponents with the principal school visit category shall be established locally within the following constraints…

5. Clause (a) of subparagraph (ii) of paragraph (1) of subdivision (a) of section 80-3.10 of the Regulations of the Commissioner of Education shall be amended to read as follows:

(a) Education. [The candidate shall meet the education requirement by meeting the requirements in one of the following subclass:

(1)] The candidate shall hold a master's or higher degree from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the department and have successfully completed a program leading to the initial certificate as a school building leader in the educational leadership service registered pursuant to section 52.21(c)(2) of this Title, or its equivalent as determined by the department, or an educational leadership program leading to a regular certificate in an equivalent title to a school building leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State.

[(2) The candidate shall hold a baccalaureate or graduate degree from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the department and have successfully completed the Clinically Rich Principal Preparation Pilot Program leading to the initial certificate as a school building leader in the educational leadership service registered pursuant to section 52.21(c)(7) of this Title.]

1. STATUTORY AUTHORITY:

Education Law 101 (not subdivided) 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(not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law 305 (1) and (2) grants the commissioner with enforcement of all general and special laws relating to the education system of the state and with executing all educational policies determined by the board of regents and provides the Commissioner with the authority to promulgate regulations in certain areas.

Education Law 3012-d establishes the requirements for annual professional performance reviews for teachers and principals and requires school districts and boards of cooperative educational services to use a State approved rubric.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment is to establish new professional practice guidelines and expectations for all principals called the Professional Standards for Educational Leaders (PSELs). Evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs, with modifications as determined by the Board of Regents. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on and after December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposal, which the Department will release to the field prior to December 1, 2022.

The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program.

3. NEEDS AND BENEFITS:

In 2008, the ISLLC Standards published in 1996 were revised and replaced by educational leadership standards that were again prepared and published by the Interstate School Leaders Licensure Consortium. In 2015, the Professional Standards for Educational Leaders (PSELs) were published after a two-year development process led by the National Policy Board for Educational Administration.

The PSELs are better aligned to the realities of today’s workplace because they place greater emphasis on culturally responsive practices, sound instructional practice, ways principals can better support the professional growth of teachers, methods that foster better community engagement, the importance of engaging with a more-diverse community, and the importance of plans and practices that advance equity in every aspect of the educational enterprise.

In 2016, Commissioner Elia assembled a 37-member Principal Project Advisory Team that met seven times between September 21, 2016 and May 31, 2017. Stakeholders included parents, teachers, principals (or those holding the School Building Leader certification), superintendents, district superintendents, local school board members, representatives of civil rights interest groups, and deans of schools of education at institutions of higher education (or their designees). The work of the Advisory Team culminated in a report that was presented to the Board of Regents on July 18, 2017. One resulting recommendation of the Principal Project Advisory is for the Department and the Board of Regents to adopt the 2015 Professional Standards for Educational Leaders with four modifications.

Proposed Amendment:

Currently, the professional practice and evaluation of in-service principals as well as program registration standards for school building leader programs are aligned to the 2008 ISLLC standards. The proposed amendment requires that all school building leader programs that are registered or seek registration under Section 52.21 of the Commissioner’s Regulations on or after December 1, 2020 be aligned to the PSELs, with modifications as made by the Principal Project Advisory Team.

The proposed amendment establishes new professional practice guidelines and expectations for all principals. Any evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs, with modifications as determined by the Board of Regents. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on and after December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposal, which the Department will release to the field prior to December 1, 2022.

The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program.

4. COSTS:

a. Costs to State government: The amendment does not impose any costs on State government. Costs on the State Education Department are related to staff resources needed for programs that must re-register principal preparation programs consistent with the new standards.

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 based on the recommendations from the Principal Project Advisory Team and represent a consensus of this team of experts. School districts and BOCES have until December 1, 2022 to prepare for implementation of principal evaluations aligned with the PSELs. This time is designed to minimize any adverse impact on the field resulting from this transition.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will come before the Board of Regents for permanent adoption at its December 2017 meeting and will become effective as a permanent rule on December 27, 2017.

(a) Small businesses:

Currently, the professional practice and evaluation of in-service principals as well as program registration standards for school building leader programs are aligned to the 2008 ISLLC standards. The proposed amendment requires that all school building leader programs that are registered or seek registration under Section 52.21 of the Commissioner’s Regulations on or after December 1, 2020 be aligned to the PSELs, with modifications as recommended by the Principal Project Advisory Team.

The proposed amendment establishes new professional practice guidelines and expectations for all principals. Any evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs, with modifications as determined by the Board of Regents. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposals, which the Department will release to the field prior to December 1, 2022.

The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program.

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

(b) Local governments:

1. EFFECT OF RULE:

Evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on and after December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposal, which the Department will release to the field prior to December 1, 2022.

The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program.

It is anticipated that the proposed amendment will come before the Board at its December 2017 meeting, and the amendment will be effective as a permanent rule on December 27, 2017.

2. COMPLIANCE REQUIREMENTS:

Currently, the professional practice and evaluation of in-service principals as well as program registration standards for school building leader programs are aligned to the 2008 ISLLC standards. The proposed amendment requires that all school building leader programs that are registered or seek registration under Section 52.21 of the Commissioner’s Regulations on or after December 1, 2020 be aligned to the PSELs, with modifications as recommended by the Principal Project Advisory Team.

The proposed amendment establishes new professional practice guidelines and expectations for all principals. Any evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs, with modifications as determined by the Board of Regents. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposals, which the Department will release to the field prior to December 1, 2022.

The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional service requirements on local governments.

4. COMPLIANCE COSTS:

The proposed amendment does not impose any compliance costs on local governments.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendments do not impose any additional technological requirements on districts or BOCES.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment is based on the recommendations from the Principal Project Advisory Team and represent a consensus of this team of experts. School districts and BOCES have until December 1, 2022 to prepare for implementation of principal evaluations aligned with the PSELs. This time is designed to minimize any adverse impact on the field resulting from this transition.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the proposed amendment have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

This proposed amendment applies to all principal preparation programs and school districts and boards of cooperative educational services, 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:

Currently, the professional practice and evaluation of in-service principals as well as program registration standards for school building leader programs are aligned to the 2008 ISLLC standards. The proposed amendment requires that all school building leader programs that are registered or seek registration under Section 52.21 of the Commissioner’s Regulations on or after December 1, 2020 be aligned to the PSELs, with modifications as recommended by the Principal Project Advisory Team.

The proposed amendment establishes new professional practice guidelines and expectations for all principals. Any evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs, with modifications as determined by the Board of Regents. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposals, which the Department will release to the field prior to December 1, 2022.

The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program.

3. COSTS:

The proposed amendment does not impose any costs.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment is based on the recommendations from the Principal Project Advisory Team and represents a consensus of this team of experts. The amendment applies equally to all principal preparation programs and school districts and boards of cooperative educational services across the state in order to ensure that the same standards apply across the State. No alternatives were considered.

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 is to establish new professional practice guidelines and expectations for all principals called the Professional Standards for Educational Leaders (PSELs). Currently, the professional practice and evaluation of in-service principals as well as program registration standards for school building leader programs are aligned to the 2008 ISLLC standards. The proposed amendment requires that all school building leader programs that are registered or seek registration under section 52.21 of the Commissioner’s Regulations on or after December 1, 2020 be aligned to the PSELs, with modifications as recommended by the Principal Project Advisory Team.

The proposed amendment establishes new professional practice guidelines and expectations for all principals. Any evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs, with modifications as determined by the Board of Regents. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposals, which the Department will release to the field prior to December 1, 2022.

The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program.

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.