Report of Regents Higher Education Committee to The Board of Regents

Your Higher Education Committee held its scheduled meeting on December 13, 2016.  All members were present except for Regents Cea, Cashin, Johnson and Reyes who were absent and excused.

Action Items

State Legislative and Budget Priorities
Your Committee approved the initiatives to be advanced during the 2017 legislative session and the proposals to be advanced during the 2017-18 budget cycle.  HE (A) 1 & 2

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 December 13, 2016, copies of which have been distributed to each member of the Board of Regents.

Other Matters Not Requiring Board Action:

Update on edTPA Task Force
Commissioner Elia gave an update on Regent Cashin’s work with the edTPA Task Force.  The Task Force is reviewing current regulations and practices related to the edTPA, the literacy requirement, and student teaching requirements.

Development of a Partnership Agreement between the Council for the Accreditation of Educator Preparation (CAEP) and the New York State Education Department (NYSED)
Department staff presented an overview and explanation of the partnership agreement. Commissioner’s Regulations require that all teacher education programs in New York State maintain continuous accreditation from “an acceptable professional education accrediting association.” CAEP is currently the only such accrediting entity.  The Partnership Agreement will outline the protocol that will be followed in the accreditation process, describe the responsibilities of both CAEP and the Department and include the specific regulatory standards that the Department wants CAEP to review during accreditation site visits to the institution. The Department will use the draft partnership agreement, developed by the workgroup, to move forward on discussions with CAEP on a final partnership agreement. BR (D) 1

Proposed Amendment of Section 3.56 of the Rules of the Board of Regents to Establish Fees and Procedures for Out-of-State Institutions Seeking to Operate with a Physical Presence in New York State
Department staff will present a proposed amendment that would establish a fee structure for out-of-state institutions seeking to operate with a physical presence in New York State.  Section 3.56 of the Rules of the Regents provides a process for out-of-state institutions of higher education to seek permission to establish a physical presence in New York, to offer credit-bearing courses or programs of study.  It is anticipated that the proposed amendment will be presented for adoption at the March 2017 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.  If adopted at the March meeting, the proposed amendment will become effective on March 29, 2017. BR (D) 2

Consent Agenda

The Board of Regents took action on the following consent agenda items at their December 13, 2016 meeting.

• PSPB Appointments - Department staff will recommend appointments to the Professional Standards and Practices Board. BR (CA) 3
• Regents Conferral of Degrees - Department staff will recommend that the Regents confer degrees upon students successfully completing their program at Elim Bible Institute and College and Globe Institute of Technology.  In the case of Elim Bible Institute and College, until its charter is made absolute, Section 224 of the Education Law requires that the Board of Regents award degrees on the College’s behalf.  In the case of Globe Institute of Technology, the institutions’ temporary degree authority expired on June 30, 2016 and the institution failed to apply for an extension of that degree authority.  To hold students harmless, the Department recommends that the Regents award degrees to those students who completed the requirements for their Globe degree programs during the summer 2016 term.  Section 208 of the Education Law gives the Regents the authority to award degrees in certain circumstances.  Globe Institute of Technology subsequently closed in September 2016.  BR (CA) 4
• Career and Technical Education (CTE) Teachers - Department staff recommend changes to Part 80-3.5 of the Commissioner’s Regulations that would provide three additional pathways for candidates seeking a CTE Transitional A certificate.  The Transitional A certificate is a temporary three-year certificate during which time the individual must complete the requirements for an initial certification.   This proposal is partly in response to New York City’s need to hire qualified CTE teachers in the technical fields of study. Previously adopted at the June 2016 meeting as an emergency action, and subsequently revised and adopted at as a second and third emergency action at the September and October 2016 meetings.  The item is before the Board this month for a fourth emergency action before it can be adopted as a permanent rule at the January 2017 meeting. BR (CA) 5
• Permanent Adoption of Section 80-5.4 of the Regulations of the Commissioner of Education Relating to the Length of Time Substitutes Without a Valid Certificate may be Employed - (Action) (15 minutes) Department staff will present a proposed new section that would amend the regulation that allows for school districts to employ a substitute teacher without a valid teaching certificate for up to 90 days by establishing a sunset provision that automatically repeals this provision after two years effective December 2018. BR (CA) 6
• Master Plan Amendment for St. Francis College - Department staff recommend approval of an amendment of the Master Plan of St. Francis College to offer a Master of Fine Arts (M.F.A.) program in Creative Writing. BR (CA) 7