Meeting of the Board of Regents | October 2007

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner Relating to Excelsior Scholars Program and Grants to Summer Institutes for Mathematics and Science
DATE:	October 10, 2007
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Action

 

Should the Board of Regents adopt on an emergency basis the proposed amendment of sections 100.14 and 100.15 to the Regulations of the Commissioner, relating to the Excelsior Scholars Program and grants to summer institutes for teachers of mathematics and science?

 

Reason(s) for Consideration

 

Required by State statute.

             

Proposed Handling

 

The proposed rule will come before the EMSC-VESID Committee at the October Regents meeting for adoption as an emergency measure.  It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the December Regents meeting.

 

Procedural History

 

The proposed amendment was discussed by the Committee at its September meeting.

 

 

Background Information

 

Education Law section 3641-a, as added by Chapter 57 of the Laws of 2007, provides that the Commissioner shall establish an Excelsior Scholars Program for grade seven mathematics and science students, and award grants on a competitive basis to public and independent colleges and universities to conduct summer programs providing advanced coursework in mathematics and science to students designated as Excelsior Scholars. 

 

              Education Law section 3641-b, as added by Chapter 57 of the Laws of 2007, provides that the Commissioner shall establish a program of competitively awarded grants to public and independent colleges and universities offering teacher education programs, in partnership with school districts, to conduct summer institutes for teachers of science and mathematics in grades five through eight in middle schools, junior high schools, intermediate schools or junior/senior high schools with priority given as practicable to teachers in schools identified as schools in need of improvement or in corrective action or restructuring status, schools under registration review or schools requiring academic progress.  The institutes shall be designed to advance the content knowledge and pedagogy of participating science and mathematics teachers and shall, to the extent practicable, be aligned and integrated with programs offered to Excelsior Scholars pursuant to Education Law section 3641-a.

 

              A Notice of Proposed Rule Making was published in the State Register on August 15, 2007.   Subsequent to the proposed rule's filing, staff recommended that the proposed definition of "other high performing student" be revised to provide school districts with more flexibility in nominating such students for participation in the Excelsior Scholars program.  A Notice of Revised Rule Making will be published in the State Register on October 24, 2007. 

 

Emergency action to adopt the proposed rule is necessary for the preservation of the general welfare in order to immediately establish criteria for the Excelsior Scholars program and grants for summer institutes so that requests for proposals with respect to such programs may be issued in October 2007 and thereby ensure the programs may be timely implemented during the summer of 2008.   A statement of the facts and circumstances which necessitate emergency action is attached.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

     

Recommendation

 

Staff recommend that the Regents take the following action:

 

              VOTED:  That sections 100.14 and 100.15 of the Regulations of the Commissioner of Education be added, as submitted, effective October 30, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately establish criteria for the Excelsior Scholars program and grants for summer institutes so that requests for proposals with respect to such programs may be issued in October 2007 and thereby ensure the programs may be timely implemented during the summer of 2008.  

 

Timetable for Implementation

 

The emergency rule will become effective on October 30, 2007.  It is anticipated that the proposed rule will be submitted to the Board of Regents for adoption as a permanent rule at the December Regents meeting.

 

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED ADDITION OF SECTIONS 100.14 and 100.15 TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO EDUCATION LAW SECTIONS 101, 207, 215 AND 305, AND SECTIONS 3641-a AND 3641-b AS ADDED BY CHAPTER 57 OF THE LAWS OF 2007, RELATING TO THE EXCELSIOR SCHOLARS PROGRAM AND GRANTS FOR SUMMER INSTITUTES FOR MATHEMATICS AND SCIENCE TEACHERS

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ADOPTION

              The proposed rule is necessary to implement Education Law sections  3641-a and 3641-b, as added by Chapter 57 of the Laws of 2007, to establish Excelsior scholars programs for grade seven mathematics and science students and grants for summer institutes for mathematics and science teachers.

Education Law section 3641-a provides that the Commissioner shall establish an Excelsior Scholars program for grade seven mathematics and science students, and award grants on a competitive basis to public and independent colleges and universities to conduct summer programs providing advanced coursework in mathematics and science to students designated as Excelsior Scholars. 

              Education Law section 3641-b, as added by Chapter 57 of the Laws of 2007, provides that the Commissioner shall establish a program of competitively awarded grants to public and independent colleges and universities offering teacher education programs, in partnership with school districts, to conduct summer institutes for teachers of science and mathematics in grades five through eight in middle, junior high, intermediate or junior/senior high schools with priority given as practicable to teachers in schools identified as schools in need of improvement or in corrective action or restructuring status, schools under registration review or schools requiring academic progress.  The institutes shall be designed to advance the content knowledge and pedagogy of participating science and mathematics teachers and shall, to the extent practicable, be aligned and integrated with programs offered to Excelsior Scholars pursuant to Education Law section 3641-a.

              Since publication of a Notice of Proposed Rule Making in the State Register on August 15, 2007, substantial revisions have been made to the proposed rule and a Notice of Revised Rule Making will be published in the State Register on October 24, 2007.  Pursuant to State Administrative Procedure Act (SAPA) section 202(4-a), the revised rule cannot be adopted by regular (non-emergency) action until at least 30 days after publication of the revised rule in the State Register.  Since the Board of Regents meets at fixed intervals, and no Regents meeting is scheduled for November 2007, the earliest the proposed amendment can be adopted by regular action, after expiration of the 30-day public comment period for a revised rule making, is the December 13-14, 2007 Regents meeting.  Furthermore, pursuant to SAPA section 203(1), the earliest the proposed rule can become effective, if adopted at the December Regents meeting, is upon its publication in the State Register on January 2, 2008.

              However, in order to ensure the timely summer 2008  implementation of Excelsior Scholars programs and summer institutes for mathematics and science teachers, the State Education Department has determined that the Department should issue requests for proposals (RFPs) in October 2007, so that interested public and independent colleges and universities seeking to administer the programs have sufficient time to prepare and submit their proposals in response to the RFPs, have their proposals reviewed and approved by the Department and Office of the State Comptroller, receive the grant awards, communicate with school districts to recruit students and teachers for the programs, and notify nominees of their acceptance into the programs.  Delaying the proposed rule until January 2008 would severely shorten the timelines within which these activities must occur and could jeopardize the timely implementation of the programs in the summer of 2008.

              Emergency action to adopt the proposed rule is necessary for the preservation of the general welfare in order to immediately establish criteria for the Excelsior Scholars program and grants for summer institutes so that requests for proposals with respect to such programs may be issued in October 2007 and thereby ensure the programs may be timely implemented during the summer of 2008.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to Education Law sections 101, 207, 215 and 305, and sections 3641-a and 3641-b, as added by Chapter 57 of the Laws of 2007.

              1. Section 100.14 of the Regulations of the Commissioner of Education is added, effective October 30, 2007, as follows:

§100.14 Excelsior scholars programs for grade seven mathematics and science students.

              (a)  Purpose. The purpose of this section is to establish requirements for summer programs for high performing students in mathematics and science who have completed seventh grade that are offered pursuant to Education Law section 3641-a.

(b)  Definitions. As used in this section:

(1) “Advanced coursework” means advanced instruction in mathematics and science that leads to attainment of the State learning standards in mathematics and science at the commencement level.

(2) “Eligible student” means a student nominated by the superintendent to participate in a summer program administered pursuant to this section who:

(i)  will have completed seventh grade prior to the start of such summer program;

(ii)  has demonstrated distinguished work in mathematics and science as determined by multiple measures, including, but not limited to:

(a)  the student has maintained a grade point average of 90 or above in mathematics and science in grades five, six and seven; and

(b)  has scored at level four on the state assessment in mathematics in grades five and six;

(iii)  has received recommendations from at least one teacher of mathematics and at least one teacher of science who have taught such student in grades five, six and/or seven; and

(iv)  has written consent from a parent or person in parental relation to participate in such summer program following completion of seventh grade.

(3)  “Excelsior scholars” means students who have successfully completed a summer program of advanced coursework during the summer following the completion of seventh grade administered in accordance with this section.

(4) “Other high performing student” means a student nominated by the superintendent to participate in a summer program administered pursuant to this section who: 

(i)  will have completed seventh grade prior to the start of such summer program;

(ii)  has demonstrated excellent work in mathematics and science as determined by multiple measures, including, but not limited to:

(a)  maintaining a grade point average of 90 or above in mathematics or science in grades five, six and seven;

(b)  scoring at level four on a state assessment in mathematics in either grades five or six;

(iii)  has scored at level four on the state assessment in English language arts in grades five and six;

 (iv)  has received a recommendation from at least two of the following: a teacher of mathematics, a teacher of science, or a teacher of English language arts who have taught such student in grades five, six and/or seven; and

(v)  has written consent from a parent or person in parental relation to participate in such summer program following completion of seventh grade.

 (5) “Centers of Excellence in Technology” shall include those centers identified through the State’s economic development agency to support State research facilities and other technology and biotechnology capital projects.

              (c) The superintendent may nominate up to ten percent of a school’s eligible grade seven students to participate in the programs described in this section.  The superintendent shall nominate equal numbers of male and female students, as practicable.

(d) Subject to the availability of funds appropriated for such purpose, the commissioner shall annually issue a request for proposals to public and independent colleges and universities to administer summer programs as described in this section.  Such proposals shall be in a format, and submitted pursuant to a timeline, as prescribed by the commissioner and shall include, but not be limited to, the following:

(1)  a description of the process used to promote the Excelsior Scholars program among local school districts and to engage in student outreach;

(2)  a description of  the selection process and criteria, which shall be based on demonstrated academic achievement, used by the college or university to review and select eligible students and, where applicable, other high performing students, from those nominated for participation in the program.  Such selection process and criteria shall ensure:

(i) the selection of students who have demonstrated the highest level of academic achievement in mathematics and science; and

(ii) a balanced number of male and female participants, as practicable;

(3) a description of  the advanced coursework to be provided to such students, including how such coursework is aligned with the State learning standards;

(4)  a description of the academic qualifications of the faculty who will provide the advanced coursework to students participating in the program, and programmatic capacity of the site and staff; and

(5)  a description of  the criteria to be used to determine whether such students have successfully completed the program.

(e) Competitive grants will be awarded to eligible public and independent colleges and universities to implement program(s) pursuant to this section based on, but not limited to, the following criteria:

(1) the provision of appropriate advanced coursework and the program's alignment with the State learning standards;

(2) the extent to which participation was solicited through student outreach and program promotion;

(3) the expertise of faculty and programmatic capacity of site and staff;

(4) coordination with programs offered by the centers of excellence in technology, to the extent practicable; and

(5) the availability of appropriated funds for such purpose.

2.  Section 100.15 of the Regulations of the Commissioner of Education is added, effective October 30, 2007, as follows:

§100.15 Summer institutes for mathematics and science teachers in middle grades five through eight.

              (a) Purpose. The purpose of this section is to establish requirements for a competitive grant program to public and independent colleges and universities offering teacher education programs, in partnership with school districts, to conduct summer institutes for teachers of mathematics and science pursuant to Education Law section 3641-b.

              (b) Subject to the availability of funds appropriated for such purpose, the commissioner shall annually issue a request for proposals to public and independent colleges and universities offering teacher education programs, registered pursuant to section 52.21 of this Title, that partner with school districts to conduct summer institutes for teachers of mathematics and science in grades five through eight in middle schools, junior high schools, intermediate schools or junior/senior high schools. 

(1)  Such proposals shall be in a format, and submitted pursuant to a timeline, as prescribed by the commissioner and shall include a description of how the program will advance the content knowledge and pedagogy of participating teachers in the areas of mathematics and science, including, but not limited to, how the program is:

(i)  aligned to State learning standards for mathematics and science; and

(ii)  aligned and integrated with programs offered to Excelsior Scholars pursuant to the requirements of section 100.14 of this Part, to the extent practicable, as well as with other State and federal programs with similar purposes.

(2)  Teachers shall be selected for participation in such summer institutes by principals who shall give priority to teachers who meet the following criteria:

(i)  first and second year teachers of grades five through eight;

(ii)  teachers who are changing assignments and would benefit from professional development to improve student learning; and

(iii) teachers who have been identified as needing additional professional development in building content knowledge in mathematics and science and understanding of pedagogy.

(c) Competitive grants will be awarded to public and independent colleges and universities submitting a proposal pursuant to subdivision (b) of this section based on, but not limited to, the following criteria:

(1)  the program is aligned to the State learning standards for mathematics and science;

(2)  the program is designed to advance the content knowledge and pedagogy of participating mathematics and science teachers based on local measures of need assessment;

(3)  the program is aligned and integrated with programs offered to Excelsior Scholars pursuant to the requirements of section 100.14 of this Part,  to the extent practicable, as well as other State and federal programs with similar purpose; and

(4)  priority is given, as practicable, to teachers in schools identified as schools in need of improvement, corrective action or restructuring status, schools under registration review or schools requiring academic progress.