Report of Regents Higher Education Committee to The Board of Regents

Your Higher Education Committee held its scheduled meeting on September 13, 2016.  All members were present with the exception Regents Brown and Reyes who were absent and excused.

Action Items

Proposed Addition of Part 49 to 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.

The proposed amendment was discussed by the Board of Regents at its April 2016 meeting. A Notice of Proposed Rule Making was published in the State Register on May 4, 2016. Following the 45-day public comment period required under the State Administrative Procedure Act, the Department received comments on the proposed amendment.  Your Committee discussed adding a new Part 49 to the Commissioner’s Regulations to authorize 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 State residents and voted that a new Part 49 be added to the Regulations of the Commissioner of Education, as submitted, effective September 28, 2016.  Regent Johnson made a motion that Department staff report back to the Board in September 2017.  All members voted in favor of the motion. The Department will review the proposed amendment in one year, and/or when the United States Department of Education promulgates regulations on postsecondary distance education, if earlier.  HE (A) 1

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.

These regulations were adopted by the Board of Regents at its July 2016 meeting.  In response to requests by members of the Board of Regents who raised the concern that the proposed amendment allows uncertified teachers to remain in substitute teacher positions for a lengthened period of time, the Board of Regents requested that the Department amend these regulations and create a “sunset provision” at its September 2016 meeting. As a result, while the current regulation allows uncertified teachers to work up to 90 days as a substitute teacher, the proposed amendment sunsets this provision after two years - June 30, 2018. In addition, the Commissioner agreed to seek information from school districts  that educators found illustrated  best practices and strategies for recruiting and supporting substitute teachers.  The compilation of best identified  practices provided by the districts will be shared with the Commissioner, Board and made available to all school districts.  There was also a suggestion from a member of the Higher Education Committee that relevant data be collected to evaluate the effectiveness of the initiative. Following the 45-day public comment period, it is anticipated that the proposed amendment will come before the Board for permanent adoption at the December 2016 Board of Regents meeting. HE (D) 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 September 13, 2016, copies of which have been distributed to each member of the Board of Regents.

Consent Agenda

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

• Bank Street College of Education: Master Plan Amendment to offer a Master of Science in Education (M.S.Ed.) degree in Teaching English to Speakers of Other Languages leading to Initial/Professional Certification in English Speakers of Other Languages.  BR (CA) 1
• Proposed Amendment to Section 80-3.5 of the Commissioner’s Regulations to Establish a New Pathway Option for the Transitional A Certificate in a Career and Technical Education Subject for Candidates who Hold a Full License to Teach in Licensed Private Career Schools and Have at Least Two Years of Teaching Experience Under Such License.  BR (CA) 2
• Proposed Amendment to Section 80-3.5 of the Commissioner’s Regulations to Establish New Pathway Options for the Transitional A Certificate in a Career and Technical Education Subject for Candidates Who do not Meet the Current Requirements but who Possess Industry Experience, Credentials, or are in the Process of Completing Certification.  BR (CA) 3