Report of Regents Higher Education Committee to The Board of Regents

Your Higher Education Committee held its scheduled meeting on June 12, 2017.  All members were present.

Action Items

Glasgow Caledonian New York College:  Master Plan Amendment and Provisional Charter 

Your Committee discussed the application from Glasgow Caledonian University for a provisional charter and master plan amendment to authorize Glasgow Caledonian New York College to become a   not-for-profit New York State higher education institution. Glasgow Caledonian New York College would initially offer  four degree programs in the discipline of business,  leading to the Master of Science (M.S.) degree:  M.S. in Luxury Brand Management; M.S. in International Fashion Marketing; M.S. in Risk Management and M.S. in Social Business and Microfinance.  A public hearing was held concerning this proposal at the request of institutions in the region, as required by Section 137 of Chapter 82 of the Laws of 1995.  The members of the Regents hearing panel members were Vice Chancellor Brown, Regent Collins and Regent Cottrell. Your Committee discussed whether to approve a Master Plan Amendment and grant Glasgow Caledonian New York College a provisional charter, with the authority to offer programs within the discipline of Business, leading to the Master of Science (M.S.) degree.  VOTED: That the Board of Regents approve a Master Plan Amendment and grant Glasgow Caledonian New York College a five-year provisional charter, with the authority to offer programs in the discipline of Business, leading to the Master of Science (M.S.) degree. The Committee noted the commitment from GCU to limit annual enrollment to 270 full time equivalent (FTE) students and accepted that commitment in granting the provisional charter and master plan amendment. The Department will issue a provisional charter for five years and will register GCNYC’s programs.  Pursuant to §3.22 of the Rules of the Board of Regents, during the term of a provisional charter, GCNYC would not have the authority to confer degrees and the Board of Regents would confer degrees to students who complete registered programs at GCNYC.   GCNYC must apply to the Department for an absolute charter and authority to confer degrees at least 18-months prior to the expiration of the provisional period.  At that point, the Board of Regents will make a determination on whether to grant GCNYC an absolute charter and authorize them to confer degrees or extend the provisional charter, or deny them any charter authority past the term of provisional authorization. If GCNYC does not apply for an absolute charter with the authority to confer degrees at least 18-months prior to the expiration of the provisional period, the provisional charter will expire at the end of its term. HE (A) 2

Proposed Amendment of Subpart 152-1 of the Regulations of the Commissioner of Education Relating to Higher Education Opportunity Programs 

Your Committee discussed the proposed amendment that implements Chapter 494 of the Laws of 2016 by clarifying for institutions what types of expenses fall within the newly enumerated categories eligible for HEOP funding. In addition, the Department has made technical amendments and updates to the regulatory language to conform with current practice. VOTED:  That Subpart 152-1 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 1, 2017, as an emergency rule upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to timely implement Chapter 494 of the Laws of 2016 by its stated effective date and to ensure that the clarifying amendments made to the proposed regulation are effective before the 2017-2018 academic year commences. It is anticipated that the proposed amendment will be presented for permanent adoption at the September 2017 Regents meeting and will take effect as a permanent rule on September 28, 2017.  HE (A) 4

Proposed Amendment to Section 80-5.17 of the Regulations of the Commissioner of Education to Permanently Extend the Option for Certain Out-of-State Candidates to be Eligible for a Conditional Initial Certificate

Your Committee discussed the adoption, by emergency measure, of a proposed amendment to Section 80-5.17 of the Regulations of the Commissioner of Education to permanently extend the option for certain out-of-state candidates to be eligible for a conditional initial certificate. VOTED: That Section 80-5.17 of the Regulations of the Commissioner of Education be amended, effective June 13, 2017, as an emergency action to preserve the general welfare by allowing out-of-state candidates to obtain a conditional initial certificate while completing their edTPA requirement during their first year of employment in New York State.  Following the 45-day public comment period required by the State Administrative Procedure Act, it is anticipated that the proposed amendment will be adopted by the Board of Regents at its September 2017 meeting and become effective as a permanent rule on September 28, 2017.  HE (A) 3

Renewal of Institutional Accreditation: Holy Trinity Orthodox Seminary

Your Committee discussed staff recommendations concerning the renewal of institutional accreditation for Holy Trinity Orthodox Seminary.  The Seminary is a Regents–chartered independent institution offering students a single program of study in Theology leading to a Bachelor’s degree.  Three certificate programs are also offered. The Seminary received a provisional charter in 1948 and was granted an absolute charter in 1962. Its last accreditation visit was in 2007, at which time the Seminary was accredited for a period of ten years. The period of accreditation was administratively extended to September 30, 2017 pending completion of the process for renewal.  VOTED: That the Board of Regents renew the accreditation of Holy Trinity Orthodox Seminary with conditions for three years, during which time the institution shall come into compliance with standards for accreditation within two years, with submission of documents and materials as required by the State Education Department. 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 June 12, 2017, copies of which have been distributed to each member of the Board of Regents.

Matters Not Requiring Board Action:

Proposed Amendment to Section 80-3.10 of the Regulations of the Commissioner of Education Related to Requirements for Certificates in the Educational Leadership Service 

Department staff presented a proposed amendment to 80-3.10 of the regulations to ensure that out-of-state candidates pursuing educational leadership certification in New York State complete an educational leadership program that is recognized by the State in which the higher education institution is located.  Following a 45-day public comment period required in the State Administrative Procedure Act, it is anticipated the proposed amendment will be presented to the Board of Regents for adoption at its September 2017 meeting, and would become effective as a permanent rule on September 28, 2017. 

Consent Agenda

The Board of Regents acted on the following consent agenda items at the June 2017 meeting.

• Degree Conferral:  Department staff will recommend that the Regents award degrees to students who have successfully completed their programs at Dowling College, Globe Institute of Technology, Elim Bible Institute and College and Elyon College. BR (CA) 3
• Proposed Amendments to Section 80-1.5 of the Commissioner’s Regulations Related to Multiple Measures Review for edTPA- Permanent Adoption- Staff will discuss the comments received during the public comment period on the proposed amendment.  These amendments will provide for a multiple measures review process for candidates who take and fail the edTPA but who are within one standard deviation of the passing score and meet certain other requirements.  BR (CA) 14
• Proposed Amendments to Part 80 of the Commissioner’s Regulations Related to the Elimination of the Academic Literacy Skills Test (ALST) for Teacher Certification and to Remove Unnecessary References to the Liberal Arts and Sciences Test - Staff will present amendments to Part 80 for permanent adoption. The amendments will eliminate the requirement that candidates for teacher certification must take and pass the ALST for certification, extend the Safety Net for the edTPA until a new passing score has been established by the Commissioner as recommended by a standard setting panel, and makes technical amendments to Part 80. BR (CA) 1
• Proposed Amendments to Section 80-5.23 of the Commissioner’s Regulations of the Commissioner’s Regulations Related to the Establishment of Residency Certificates- Emergency Adoption Department staff will present an amendment to Part 80 which adds a new Subpart to establish a Residency Certificate for candidates accepted and enrolled in the two year, full time placement as a part of the Classroom Academy Residency Pilot Program under the SUNY program. The certificate will be valid for up to three years and will be considered equivalent to one year of teaching experience for candidates who successfully complete the program. This was previously discussed at the April 2017 meeting. BR (CA) 13
• Reappointments to the Professional Standards and Practices Board (PSPB) Reappointment of two higher education members whose terms are due to expire. BR (CA) 15
• Master Plan Amendment:  Metropolitan College of New York – establishment of a branch campus in the Bronx. BR (CA) 2