Report of Regents Higher Education Committee to The Board of Regents

Your Higher Education Committee held its scheduled meeting on April 19, 2016.  All members were present with the exception of Regent Johnson who was absent and excused.

Action Items

Extension of Existing Safety Nets for Candidates Who Take the New Teacher Certification Examinations (ALST, edTPA, EAS and the Redeveloped CSTs). 

Your Committee discussed amending Part 80 of the Commissioner’s Regulations to extend the existing safety nets for candidates who take the new teacher certification examinations (ALST, EAS, edTPA and the redeveloped CSTs).  The committee further amended the regulation at the April meeting to eliminate the requirement that the attestation for the ALST safety net be completed by a dean or the substantial equivalent, and the candidate is now authorized to complete the attestation. VOTED:  That Part 80 of the Regulations of the Commissioner of Education be amended effective April 19, 2016, 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 prior to June 30, 2017, have timely and sufficient notice of the safety net options available to them so that they may receive an initial certificate.  It is anticipated that the proposed amendment will be adopted by the Board of Regents as a permanent rule at their July 2016 meeting. HE (A) 2

Creation of a Safety Net for Candidates Who Take and Fail Part Two: Mathematics of the new Multi-Subject: Secondary Teachers Grade 7-12 Content Specialty Test which is required for Students with Disabilities – Grades 7-12 – Generalist Teacher Certification. 

Your Committee discussed amending Part 80 of the Commissioner’s Regulations to provide a safety net for candidates who take and fail Part Two: Mathematics of the new Multi-Subject: Secondary Teachers Grade 7 - Grade 12 Content Specialty Test (CST) which is required for Students with Disabilities - Grades 7-12 - Generalist Teacher Certification. The committee further amended the regulation at the April meeting to eliminate the requirement that the attestation for the safety net be completed by a dean or the substantial equivalent, and the candidate is now authorized to complete the attestation. VOTED: That subdivision (c) of Section 80-1.5 of the Rules of the Board of Regents be amended effective April 19, 2016, 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 prior to June 30, 2017, have timely and sufficient notice of the safety net option available to them if they take and pass Parts One and Three, but fail Part Two of the Multi-Subject Content Specialty Test (7-12) so that they may apply for an initial certificate and to ensure that the emergency rule adopted at the January Regents meeting and revised at the April meeting remains in effect continuously until it can be adopted as a permanent rule. It is anticipated that the proposed rule will be adopted as a permanent rule at the June meeting.  If adopted at the June meeting, the proposed rule will become permanent on June 29, 2016. HE (A) 1

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 19, 2016, copies of which have been distributed to each member of the Board of Regents.

Other Matters not requiring action:

Proposed Amendment of Section 80-5.4 of the Regulations of the Commissioner of Education Relating to the Employment of Substitute Teachers Without a Valid Teaching Certificate. 

Your Committee discussed a proposed amendment of Section 80-5.4 of the Regulations of the Commissioner of Education relating to the employment of substitute teachers without a valid teaching certificate. The proposed amendment to 80-5.4 would allow a district or board of cooperative educational services to employ an individual without a valid teaching certificate as a substitute teacher beyond the 40-day limit, for up to an additional 50 days (90 days total) in limited circumstances where the district superintendent (for districts that are a component district of a board of cooperative educational services or a BOCES) or the superintendent (for districts that are not a component district of a board of cooperative education services) certifies that the district or BOCES, as applicable, has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of such position.  In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days, if a district superintendent or superintendent attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of such positon and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year. Additionally, the amendment includes a provision that will extend the reporting requirements in Section 80-5.4(e) of the Commissioner’s Regulations to require school districts or BOCES to report the number of substitute teachers without a valid certificate that were authorized to work over the 40 day limit and the number authorized to work over the 90 day limit in the limited circumstances described above and provide the required certifications to the Department. It is anticipated that the proposed amendment will be submitted to the Board of Regents for adoption at the July 2016 Regents meeting. HE (D) 1

Proposed Addition to Part 59 of the Commissioner’s Regulations Relating to the Authorization of New York Higher Education Institutions to Participate in the State Authorization Reciprocity Agreement (SARA) and the Approval of Out-of-State Institutions to Provide Distance Education to New York Residents. 

Your Committee discussed adding a new Part 59 to the Commissioner’s Regulations to authorize New York higher education institutions to participate in State Authorization Reciprocity Agreement (SARA) and the approval of out-of-state institutions to provide distance education to New York State residents.  On August 13, 2015, the Governor signed into law Chapter 220 of the Laws of 2015 which enacted a new Education Law §210-c to give the Commissioner the authority to enter into SARA, subject to an appropriation, and provided the Department with the authority to collect fees from NYS and out-of-state IHEs to cover the administrative costs of this work. Since that time, the Department has been regularly engaging stakeholders from the four NYS higher education sectors, the regional compacts, and the national SARA organization about implementation of SARA. It is anticipated that the proposed amendment will be presented for adoption at the July 2016 Regents meeting after publication of a Notice of Proposed Rule Making in the State Register and expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act. HE (D) 2

Proposed Amendments to Section 80-5.8 and 80-5.20 of the Regulations of the Commissioner of Education Relating to Endorsement of Out-of-State Certificates for Service as a Teacher, School District Leader, School District Business Leader and School Building Leader in New York State. 

Should the Board of Regents adopt as an emergency measure the proposed amendments to section 80-5.8 and 80-5.20 of the Regulations of the Commissioner of Education relating to endorsement requirements for out-of-state certificates for service as a teacher, school district leader, school district business leader and school building leader in New York State?  The proposed amendment would make three significant changes to the current endorsement provisions: 

• Candidates certified as a school district leader or school district business leader seeking to qualify for certification in New York would be required to have three or more years of experience teaching in the subject area of their valid certificate or acting as a school building leader or school district or school district business leader within the 5 years immediately preceding their application for endorsement; instead of the current requirements which require the three years of experience to be in the last 10 years. 
• In addition, endorsement candidates would be required to provide satisfactory documentation that he/she received evaluation ratings of effective or highly effective, or the substantial equivalent of such ratings, in his or her three most recent years of experience in a public school.
• These certified out-of-state teachers and leaders who have demonstrated effective experience in the certificate title sought would no longer need to take and pass the State certification examinations.

A new subdivision would be added to Section 80-5.20 of the Commissioner’s Regulations to add an endorsement pathway for school building leaders seeking to obtain an initial certificate in this State.  The proposed amendment would require candidates seeking endorsement of a certificate or an equivalent authorization to practice from another state or territory of the U.S. or the District of Columbia for service as a school building leader in New York State to:

(1) hold a valid certificate or equivalent authorization to practice from another state or territory of the U.S. or District of Columbia that is equivalent to the initial certificate as a school building leader;

(2) meet the general certificate requirements in Subpart 80-1, including requirements relating to citizenship, study in child abuse identification and reporting, school violence prevention and intervention, training in harassment, bullying and discrimination prevention and intervention, and a criminal history check;

(3) hold a master’s degree or higher from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the Department;

(4) have had at least three years of satisfactory experience in a public school (grades N-12) in another state or territory of the U.S. or the District of Columbia in a position that would have required the professional certificate in the appropriate title (which must have been completed within five years immediately preceding the application for endorsement of the out-of-state certificate); and

(5) provide satisfactory documentation that the candidate received evaluation ratings of effective or highly effective, or the substantial equivalent of such ratings, in his or her three most recent years of experience in a public school.

It is anticipated that the proposed amendment would be adopted by the Board of Regents at its July 2016 Regents meeting.  HE (D) 3

Consent Agenda

The Board of Regents will take action on the following consent agenda item at their April 19, 2016 meeting.

• Extension of Provisional Authority to Confer Degrees: Institute of Art-New York LLC (dba Sotheby’s Institute of Art – New York) BR (CA) 1