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Report of Regents Higher Education Committee to The Board of Regents

Your Higher Education Committee held its scheduled meeting on March 13, 2017.  All members were present.

Action Items

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 (LAST)

Staff presented an emergency action with proposed amendments to the Regulations to implement the recommendations of the edTPA Task Force related to the elimination of the ALST.  The proposed amendment eliminates the requirement that candidates must take and pass the ALST for teacher certification. At the same time, the Department has made technical amendments to Part 80 to eliminate references to the LAST, which is no longer required for teacher certification, and to eliminate references to certificate titles that no longer exist.  The proposed amendment also extends the safety net for the edTPA until June 30, 2018 or until a new passing score is approved by the Commissioner after recommendations from a standard setting panel (whichever is earlier). The Department also discussed proposed modifications to the EAS exam which would replace current constructed response items on the exam with a revised portion that assesses both a candidate’s ability to teach a diverse student body as well as his/her literacy skills. VOTED: That Part 80 of the Regulations of the Commissioner of Education be amended, as submitted, effective March 14, 2017, as an emergency action to preserve the general welfare by ensuring that candidates who are applying for an initial certificate as a classroom teacher are aware that they are no longer required to take and pass the ALST to become certified.  Vice Chancellor Brown abstained. The proposed amendment will become effective as an emergency rule effective March 14, 2017.  Following the 45-day public comment period, it is anticipated that the proposed amendment will be adopted as a permanent rule at the July 2017 Regents meeting and will become effective August 2, 2017. HE (A) 1


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 March 13, 2017, copies of which have been distributed to each member of the Board of Regents.

Other Matters Not Requiring Board Action:

Proposed Amendment to Section 80-1.5 of the Commissioner’s Regulations Relating to the Establishment of a Multiple Measures Review Process for the edTPA

Your Committee discussed an amendment to Section 80-1.5 of the Regulations of the Commissioner of Education to make available, for those candidates who take the edTPA after a new passing score has been established and implemented, access to a “multiple-measures review process” if they fail to receive a passing score on the edTPA but fall within one standard deviation (as determined by the standard setting committee) below the new passing score, provided they meet additional requirements outlined in the regulations. To be eligible for this process, candidates must: (1) fall within one standard deviation below the new passing score, (2) have a minimum GPA of 3.0, and (3) must pass all other exams (or available safety nets) required for the teaching certificate they are seeking. Recommendation(s) from college/university faculty who have been responsible for the teacher candidate’s clinical practice, recommendations from the teacher candidate’s cooperating teacher(s) and recommendations from faculty and cooperating teachers or other qualified individual, as determined by the Department must also be submitted for consideration by the panel. Until the new edTPA passing score is established and the multiple measures review process is implemented, the edTPA safety net will remain in effect (this is presented in a separate emergency action by the Department).  The Department also discussed “next steps” related to all recommendations from the edTPA Task Force that do not require regulatory amendments at this time. Following the 45-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be adopted by the Board of Regents at its July 2017 meeting.  If adopted at the July 2017 meeting, the proposed amendment will become effective on August 2, 2017.

Consent Agenda

The Board of Regents acted on the following consent agenda items at their March 13, 2017 meeting.

  • Amendment of Section 80-1.6 of the Regulations of the Commissioner of Education to Automatically Extend the Time Validity of Certain Expired Provisional, Initial or Transitional Certificates for Three Years if a Candidate Meets Certain Criteria and is Unable to Complete the Requirements for the Initial, Permanent or Professional Certificate in a Timely Manner. Proposed amendment to the regulations to allow increased flexibility for individuals seeking an extension of their initial certification. This amendment was presented for discussion at the October 2016 meeting. After expiration of the 45-day public comment period, no public comment was received, and is now being presented to the Full Board for adoption as a permanent rule. BR (CA) 2
  • Conferral of Degrees: New York Studio School of Drawing, Painting & Sculpture; Dowling College; Globe Institute of Technology; Taylor Business Institute. Department staff recommended that the Regents confer degrees upon students successfully completing their program at New York Studio School of Drawing, Painting & Sculpture, Globe Institute of Technology, Taylor Business Institute and Dowling College.  BR (CA) 3
  • Clarification of Effective Date of the Board of Regents January 10, 2017 Determination to Deny Renewal of Accreditation to Bramson ORT College. To clarify the effective date in its final determination dated January 10, 2017 to deny renewal of institutional accreditation of Bramson ORT College. BR (CA) 4
  • State University of New York at Stony Brook: Regents Authorization to Award the Master of Health Administration (M.H.A.) Degree. Regents authorization needed to award new degree. BR (CA) 5
  • Pace University: Master Plan Amendment, Ph.D. in Nursing. Regents authorization needed. BR (CA) 6
  • Hartwick College (Oneonta, New York): Master Plan Amendment to Offer a Master of Science Degree Program in Translational Biomedical Research Management. Regents authorization needed. BR (CA) 7
  • 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. (CA) 8

Associated Agenda Item

Meeting Date: 
Monday, March 13, 2017 - 1:30pm