Report of Regents Higher Education Committee to The Board of Regents

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

Action Items

Update on the edTPA Standard Setting Committee and Amendment to Section 80-1.5 of the Regulations of the Commissioner of Education to Extend the edTPA Safety Net and Revise the Eligibility Criteria for the Multiple Measures Review Process
Your Committee discussed amending Section 80-1.5 of the Regulations of the Commissioner of Education to extend the edTPA Safety Net and revise the eligibility criteria for the Multiple Measures Review Process.  Currently, the regulations authorize candidates to take advantage of the edTPA safety net until either the date a new passing score for the edTPA is approved by the Commissioner after a recommendation is made by a new standard setting panel or until June 30, 2018, whichever is earlier. In order to help candidates transition to the Multiple Measures Review Process, the Department recommends extending the existing safety net to June 30, 2018 even though a new passing score will be effective before this date. Beginning on July 1, 2018, the ATS-W (the current edTPA Safety Net) will no longer be available and candidates will no longer be able to register for or take that exam. Candidates who may want to take advantage of the edTPA Safety Net must plan to take the edTPA and receive their edTPA scores in time to register and sit for the ATS-W. The Department will communicate the edTPA Safety Net extension to the field continuously through June 30, 2018. During this period, the Department will begin to implement the new Multiple Measures Review Process and make such process available to students who meet the criteria. VOTED: That 80-1.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 12, 2017, as an emergency action to preserve the general welfare by ensuring that teacher candidates who will be taking the edTPA from the time the new passing score is implemented until the implementation of the Multiple Measures Review Process are able to take advantage of the Safety Net and are not at a disadvantage. The proposed amendment will become effective as an emergency measure on September 12, 2017. Following the 45-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its December 2017 meeting and would become effective as a permanent rule on December 27, 2017. HE (A) 1

Proposed Amendment of Sections 30-3.2 and 30-3.5 of the Rules of the Board of Regents and Sections 52.21 and 80-3.10 of the Regulations of the Commissioner of Education Relating to the Adoption of the 2015 Professional Standards for Educational Leaders with Certain New York Specific Modifications for the Purpose of Registration of School Building Leader Programs and School Building Leader Evaluation
Your Committee discussed amendments to Sections 30-3.2 and 30-3.5 of the Rules of the Board of Regents and Sections 52.21 and 80-3.10 of the Regulations of the Commissioner of Education relating to the adoption of the 2015 Professional Standards for Educational Leaders (PSELs) with certain New York specific modifications for the purpose of registration of school building leader programs and school building leader evaluation.  The proposed amendment establishes new professional practice guidelines and expectations for all principals.  Any evaluations of the school building leaders under the new standards will go into effect after December 1, 2022. In addition, the proposed amendment requires that any evaluation of principals conducted on or after December 1, 2022 shall be aligned to the PSELs, with modifications as determined by the Board of Regents. However, nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on December 1, 2022 that requires the use of the 2008 ISLLC Standards. This change will require that all principal practice rubrics be resubmitted to the Department through an updated Request for Proposals, which the Department will release to the field prior to December 1, 2022.  The ISLLC Standards are also contained in the regulations relating to the clinically rich principal preparation program, which expired on June 30, 2016. In an effort to conform the regulations to current practice, the Department also recommends making a technical amendment to repeal references in Sections 52.21 and 80-3.10 to the clinically rich principal preparation program. The PSELs must be used beyond school leadership preparation programs to develop competencies and converted into a rubric that will guide principal professional development and principal evaluation.  The Commissioner requested that forums be held for principals and other interested stakeholders to react to the adoption of the PSELs. HE (A) 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 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 145-2.1 of the Regulations of the Commissioner of Education Relating to the Eligibility Criteria for the Tuition Assistance Program
Your Committee discussed a proposed amendment to Section 145-2.1 of the Regulations of the Commissioner of Education relating to the eligibility criteria for the Tuition Assistance Program (TAP). The proposed amendment makes a technical amendment to Section 145-2.1 of the Commissioner’s Regulations to change an outdated reference to the Office of Higher and Professional Education to the current name of the Office of Higher Education. The proposed amendment also provides additional flexibility to students who have difficulty meeting full-time status in their program of study during their final year, most typically due to some quantity of extraneous credits earned for college during high school, or due to transfer credits, or extra credits received while the student was pursuing additional majors. The proposed amendment allows a student to meet the full-time study requirement in their second to last semester of eligibility if the student takes at least 6 credits needed to meet their graduation requirements and the student enrolls in at least 12 semester hours or its equivalent. Following the 45-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be adopted as a permanent rule at the December 2017 meeting. HE (D) 1

Requests from Board Members:

Regent Cashin asked the Commissioner to direct the Department to convene a meeting with library media experts and educators to discuss issues related to the Library Media Specialist edTPA handbook.  Commissioner Elia agreed to move forward with this request.

Consent Agenda

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

• Degree Conferral.  Department staff recommended that the Regents award degrees to students who have successfully completed their programs at Dowling College and Globe Institute. BR (CA) 1
• Iona College Masterplan Amendment – Offer a Bachelor of Arts (B.A.) Degree in Arts Leadership. BR (CA) 2
• Proposed Amendment of Subpart 152-1 of the Regulations of the Commissioner of Education Relating to Higher Education Opportunity Programs. BR (CA) 3 Final adoption of an amendment to Subpart 152-1 of the Regulations relating to HEOP to conform the Regulations to changes in State Education Law.
• Ratification of Action Taken at the July 2017 Regents Meeting to Permanently Adopt a New Part 48 to the Regulations of the Commissioner of Education Related to Annual Aggregate Data Reporting by New York State Institutions of Higher Education Related to Reports of Domestic Violence, Dating Violence, Stalking and Sexual Assault. In July 2017, the Board of Regents permanently adopted a new Part 48 of the Regulations of the Commissioner of Education Related to Annual Aggregate Data Reporting by New York State Institutions of Higher Education Related to Reports of Domestic Violence, Dating Violence, Stalking and Sexual Assault as required by Chapter 76 of the Laws of 2015. After the adoption of the proposed amendment by the Board of Regents at its July meeting, the Department became aware that one public comment concerning the proposed amendment had been received during the 45-day public comment period required under the State Administrative Procedure Act.  The Department reviewed the public comment and prepared an Assessment of Public Comment, which is included as Attachment B. No substantive revisions to the proposed amendment are recommended as a result of the public comment received. BR (CA) 4
• Proposed Amendment to Part 80 of the Regulations of the Commissioner of Education Related to Pathways for Candidates to Pursue Transitional A, Initial and/or Professional Career and Technical Education Certificates. BR (CA) 5 Final adoption of amendments to Part 80 of the Regulations of the Commissioner of Education which established additional pathways for candidates to pursue Transitional A, Initial, and/or Professional Career and Technical Education certificates.
• 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. BR (CA) 6 Final adoption of an amendment to permanently extend the option for certain out-of-state candidates to be eligible and obtain a conditional initial certificate, allowing these candidates one year within which to complete the edTPA requirement.