Report of Regents Higher Education Committee to The Board of Regents

Your Higher Education Committee held its scheduled meeting on April 29, 2014

Action Items

Renewal of Institutional Accreditation: Technical Career Institutes. Your Committee was presented with an Issue for Decision – should the Board of Regents grant renewal of institutional accreditation to Technical Career Institutions? After discussion, it is recommended that the Board of Regents take the following accreditation action regarding Technical Career Institutes:
Accreditation for three (3) years with the condition that the institution addresses to the satisfaction of the New York State Education Department all recommendations in the compliance review reports, with the following exceptions; in place of the recommendation of a 12 credit hour semester cap on students taking remedial courses, the institution will provide the Department with a plan of action that will ensure properly limited instructional course loads for students requiring remediation (for example the 15 credit hour load proposed by the institution), and in place of the recommendation regarding default rates, the institution will provide progress reports on the institution’s financial status as requested by the Department.

Proposed Amendment to Section 102.4 of the Regulations of the Commissioner of Education Relating to Mandatory Reporting Requirements and Testing Misconduct. 
Your Committee was presented with an Issue for Decision – should the Board of Regents amend Section 102.4 of the Regulations of the Commissioner of Education Relating to Mandatory Reporting Requirements and Testing Misconduct? After discussion, your Committee recommends approval to amend Section 102.4 of the regulations to define specific types of testing misconduct, prohibit such misconduct and require that incidents of suspected testing misconduct be reported to the Department so that they can be investigated and addressed. This item was presented for regular action at the October Regent's meeting. Public comment was received relative to the applicability to charter schools. The language modified to clarify that employees of charter schools are also subject to the regulation. It is recommended that the Board of Regents take the following action: That section 102.4 of the Regulations of the Commissioner of Education be amended, effective May 14, 2014, as submitted.  If adopted at the April 2014 meeting, the proposed amendment will become effective on May 14, 2014.

Emergency Adoption of Amendments to Section 52.21 and Part 80 of the Regulations of the Commissioner of Education to Provide Teacher Candidates, who Apply for Teacher Certification Prior to June 30, 2015 and Who Take and Fail the Teacher Performance Assessment (edTPA), with the Option of Obtaining an Initial Certificate if the Candidate Passes the ATS-W Prior to June 30, 2015 and Subsequent to Receiving His/Her Score on the edTPA.
Your Committee was presented with an issue for decision:  Should the Board of Regents amend section 52.21 and Part 80 of the Commissioner’s Regulations to provide teacher candidates who apply for teacher certification prior to June 30, 2015 and who take and fail the edTPA, with the option of obtaining an initial certificate if the candidate passes the ATS-W prior to June 30, 2015 and subsequent to receiving his/her score on the edTPA? VOTED:  That subclause (1) of clause (b) of subparagraph (iv) of paragraph (2) of subdivision (b) of section 52.21, paragraph (2) of subdivision (b) of section 80-3.3, section 80-3.4 and subparagraph (ii) of paragraph (1) of subdivision (b) of section 80-5.13 of the Regulations of the Commissioner of Education be amended, as submitted, effective April 29, 2014, as an emergency action upon a finding by the Board of Regents that such action is necessary 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, they may receive an initial certificate. The emergency rule will become effective on April 29, 2014.  It is anticipated that the proposed amendment will be adopted by the Board of Regents as a permanent rule at their September 2014 meeting.  If adopted at the September 2014 meeting, the proposed amendment will become effective as a permanent rule on October 1, 2014.  

MOTION FOR ACTION BY FULL BOARD

Madam Chancellor and Colleagues: Your Higher Education Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee’s deliberations at its meeting on April 29, 2014, copies of which have been distributed to each member of the Board of Regents.

Other matters not requiring action:

Update on Teacher Preparation Support Program. Your Committee received anupdate on the achievements of the Higher Education Faculty Development Memoranda of Understanding with SUNY, CUNY and the respective single-source agreement with the Commission on Independent Colleges and Universities (cIcu). Included in the presentation were specifics at the state level, the regional level and at the campus level regarding awareness and preparation for certification examinations. It is recommended that the Department continue to partner with each sector to support the full implementation of the Regents Reform Agenda and support the successful implement of the new state certification examinations.

Regents Task Force on Distance Education.  Your Committee received an update on the work of the Task Force. The Regents Task Force is charged with reviewing current regulations as they pertain to, and are applied to, the evaluation of degree programs when provided in a distance education format, a competency-based, rather than credit-based, model or when they involve external partnerships in the development of the degree program.  The Regents Task Force will make recommendations and provide guidance regarding the review of proposals for new degree and certificate programs offering any of the aforementioned options.