Meeting of the Board of Regents | June 2009

SUMMARY

Issue for Decision (Consent Agenda)

              Should the Board of Regents amend section 175.5(f) of the Regulations of the Commissioner to extend for a period of four years the provision in the regulation that permits a school district to use up to two of its superintendents’ conference days in each school year for teacher rating of State assessments?

Reason(s) for Consideration

Review of Policy.

Proposed Handling

This question will come before the Board of Regents for action at the June 2009 Regents meeting.

Procedural History

The proposed amendment was discussed by the EMSC Committee at the April Regents meeting.

In September 2005, the Board of Regents approved a proposed amendment to section 175.5(f) of the Regulations of the Commissioner to permit a school district to use up to two of the allowed four superintendents’ conference days for teacher training and rating of State assessments, including grades 3-8 assessments required under the No Child Left Behind Act of 2001.  The amendment included a sunset provision for June 30, 2007.  In June 2007, the Board of Regents amended section 175.5(f) to extend this provision until June 30, 2009.

Background Information

Section 175.5(f) of the Regulations of the Commissioner specifies the appropriate use of staff development activities by school districts to advance implementation of the State learning standards and assessments and to satisfy deficiencies in the length of public school sessions for the instruction of pupils.  The proposed amendment would extend for four years, to June 30, 2013, the provision in section 175.5(f) of the Commissioner's Regulations that permits a school district to use up to two of the allowed four superintendents' conference days provided for in Education Law section 3604(8) for teacher rating of State assessments, including grades 3-8 assessments required under the federal No Child Left Behind Act of 2001.  Such training enables new teachers to better understand the State learning standards and assessments and experienced teachers to update their knowledge of the standards and assessments, and therefore constitutes permissible staff development activities relating to implementation of the State learning standards and assessments, as authorized by Education Law section 3604(8). 

The proposed amendment will continue to provide school districts with additional flexibility and discretion to use this staff development function to fulfill their State test scoring requirements while minimizing impact on student instructional time.  As required by Chapter 57 of the Laws of 2007, the Regents have adopted a schedule for the review of the ELA standards. The projected timeline for the adoption of the revised ELA standards is scheduled for 2009-10. In light of this, it is imperative that teachers receive the necessary training that will enable them to better understand the revised standards, which are the basis for the assessments they will be responsible for rating. In addition to the new set of revised ELA standards, the Board of Regents is considering changes to the current testing policy. This will also require teacher training, particularly on the rubrics that will be used in rating the required State assessments. The staff development activities on standards and assessments provided during the two proposed Superintendents’ conference days will be consistent with the provisions authorized by Section 3604(8) of the Education Law.   

The New York State School Boards Association, the New York State Association of School Superintendents and New York State United Teachers have all indicated their support for the extension of this regulation.

Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.  A Notice of Proposed Rule Making was published in the State Register on April 8, 2009.  No public comment was received. 

Recommendation

Staff recommend that the Regents take the following action:

VOTED:  That subdivision (f) of section 175.5 of the Regulations of the Commissioner of Education be amended as submitted, effective July 16, 2009,

Timetable for Implementation

• If adopted at the June Regents meeting, the proposed amendment will become effective on July 16, 2009.
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• AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
•               Pursuant to Education Law sections 101, 207 and 3604
•               Subdivision (f) of section 175.5 of the Regulations of the Commissioner of Education is amended, effective July 16, 2009, as follows:
• (f) Use of superintendents' conference days. 
• (1)  .   .   .
• (2)  .   .   .
• (3)  .   .   .
• (4)  Notwithstanding the provisions of paragraph (1) of this subdivision, during the period commencing on September 29, 2005 and ending on June 30, [ 2009 ]  2013 , a school district may elect to use up to two of its superintendents’ conference days in each school year for teacher rating of State assessments, including but not limited to assessments required under the federal No Child Left Behind Act of 2001 (Public Law section 107-110), which rating activities shall constitute staff development relating to implementation of the new high learning standards and assessments as authorized by section 3604(8) of the Education Law. 
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