STATE BOARD OF EDUCATION
ADMINISTRATIVE CODE
COMMENT/RESPONSE FORM
This comment and response form contains comments since the June 3, 2015, State Board meeting when the proposed readoption with amendments was considered at Proposal Level.
Topic: Professional Standards Meeting Date: November 4, 2015
Code Citation: N.J.A.C. 6A:9 Level: Adoption
Division: Teacher and Leader Effectiveness Completed by: Office of Educator Policy
and Outreach
Summary of Public Comments and Agency Responses:
The following is a summary of the comments received from members of the public and the Department’s responses. Each commenter is identified at the end of the comment by a number that corresponds to the following list:
1. Jean Public
2. Michael A. Vrancik
Director of Governmental Relations, New Jersey School Boards Association (NJSBA)
3. Francine Pfeffer
Associate Director of Government Relations, New Jersey Education Association (NJEA)
1. COMMENT: The commenter thanked the Department for working collaboratively with the NJEA and other education leaders in the Garden State Alliance for Strengthening Education in the development of the regulatory package (i.e., N.J.A.C. 6A:9, 6A:9A, 6A:9B, and 6A:9C). (3)
RESPONSE: The Department thanks the commenter and the members of the Garden State Alliance for Strengthening Education for collaborating on the regulatory package and looks forward to working together again in the future.
2. COMMENT: The commenter stated some of the changes in language and titles in the regulatory package (i.e., N.J.A.C. 6A:9, 6A:9A, 6A:9B, and 6A:9C) seem unnecessary. (1)
RESPONSE: The Department proposed many of the title changes to clarify the content of a chapter, subchapter, or section. The Department proposed many of the amendments (i.e., language changes) based on feedback from primary, secondary, and/or higher education representatives. For more information on all proposed amendments, see the summaries of N.J.A.C. 6A:9, 6A:9A, 6A:9B, and 6A:9C.
3. COMMENT: The commenter said the State’s criteria for certification should include mentoring of new teachers and a requirement that teachers engage in on-going professional growth aligned to local and individual professional development plans. (2)
RESPONSE: The Department agrees with the commenter, which is why current N.J.A.C. 6A:9C mandates mentoring for novice teachers and teachers new to a school district and requires each teacher engages in ongoing professional development aligned to school district and individual professional development plans.
4. COMMENT: The commenter stated New Jersey higher education institutions should partner with the State and district boards of education to support the continued improvement of educators through on-going professional development. Additionally, the commenter recommended the Department create a funding mechanism to provide reoccurring resources to support such collaborative efforts and professional development initiatives. (2)
RESPONSE: The Department supports collaborative initiatives with New Jersey institutions of higher education and will continue to look for opportunities to promote collaboration between New Jersey higher education institutions and school districts. A portion of the Title II-A funding the Department receives from the Federal government currently is used to provide discretionary professional development grants to support partnerships between higher education institutions and high-need school districts. For example, $1.3 million of the Title II-A funds were used in 2013-2015 to support four university-school district partnerships focused on improving teachers’ abilities to use formative assessments to improve instruction. The Department in the coming months will share outcomes from the grant and grantees will be presenting the effects on teaching and student learning at the Learning Forward’s annual national professional learning conference in December. In addition, the Department is launching a three-year grant program to study, develop, and promote best practices with regard to the mentoring and induction of new teachers. Six university-school partnerships will share an initial-year funding allocation of $1.2 million to manage locally developed projects.
5. COMMENT: The commenter expressed concern with the proposed amendments to the definition of “accreditation” at N.J.A.C. 6A:9-2.1, which would allow an organization approved by the Council on Higher Education (CHEA) or by the Commissioner to accredit educator preparation programs. The commenter recommended ensuring all accrediting bodies are nationally recognized, rather than allowing accreditors to be approved by only the Commissioner. (3)
RESPONSE: The Department is not proposing the recommended amendment at this time. The Department does not want to unintentionally limit the types of entities that can accredit educator preparation programs by requiring the accrediting body be approved by CHEA, due to the changing nature of accreditation and the proposed new requirement for CE educator preparation programs to secure accreditation (see proposed N.J.A.C. 6A:9A-3.1(b)2ii).
6. COMMENT: The commenter recommended the definition of “district mentoring program” at N.J.A.C. 6A:9-2.1 be made consistent with the description of “research-based mentoring program” at N.J.S.A. 18A:6-127. (2)
RESPONSE: A New Jersey “district mentoring program” must include a plan for providing one-to-one mentoring to first-year teachers consistent with N.J.S.A. 18A:6-127 and also a plan for providing mentoring to any teacher new to the school district. Therefore, the Department will not align the definition of “district mentoring program” at N.J.A.C. 6A:9-2.1 with the description of “research-based mentoring program” at N.J.S.A. 18A:6-127 because the latter includes mentoring for only first-year teachers.
7. COMMENT: The commenter asked if the definition of “paraprofessional” at N.J.A.C. 6A:9-2.1 is intended to be broader than the definition of “paraprofessional” at N.J.S.A. 18A:27-10.2. The commenter noted the statutory definition indicates a paraprofessional is an individual “employed in the school district” while the regulatory definition does not state whether the paraprofessional needs be employed in the school district. The commenter asked if subcontractors can be considered paraprofessionals under the definition at N.J.A.C. 6A:9-2.1. (2)
RESPONSE: No, the definition of “paraprofessional” at N.J.A.C. 6A:9-2.1 is not intended to be broader than the definition at N.J.S.A. 18A:27-10.2. The definition at N.J.A.C. 6A:9-2.1 aligns with the definition and use of “paraprofessional” in N.J.A.C. 6A:32, School District Operations. A district board of education has discretion with regard to the employment status of subcontractors in the school district and can permit subcontractors to be employed as paraprofessionals.
8. COMMENT: The commenter stated the definition at N.J.A.C. 6A:9-2.1 for “Professional Development Committee,” which is proposed for deletion, should be maintained because the committees should be reinstated. (3)
RESPONSE: The Department disagrees the Professional Development Committee should be reinstated and maintains the rationale stated in a response to a comment made when rules requiring Professional Development Committees were deleted in July 2013: “[A]lthough the regulations no longer formally require school or school district professional development committees, superintendents and principals are given the autonomy to continue the committees if they so choose and the flexibility to seek input on the planning process from multiple stakeholders, including, but not limited to, teachers” (45 N.J.R. 1605(a)). In addition, the TEACHNJ Act of 2012 (N.J.S.A. 18A:6-120) requires each school to convene a School Improvement Panel that oversees teacher professional development, in addition to other responsibilities.
Since the Department has decided to not reinstate Professional Development Committees, a definition is unnecessary. Therefore, the Department maintains the proposed deletion.
3
TO: Members, State Board of Education
FROM: David C. Hespe, Commissioner
SUBJECT: N.J.A.C. 6A:9, Professional Standards
REASON FOR
ACTION: Readoption
AUTHORITY: N.J.S.A. 18A:1-1, 18A:4-15, 18A:6-34, 18A:6-38, 18A:26-2.7, and 18A:26-10; and P.L. 2012, c. 11.
SUNSET DATE: June 7, 2016
Summary
In schools, teachers have the greatest influence on student learning. Within the educator lifecycle, no one factor in isolation will ensure all New Jersey students have access to a great teacher. Therefore, the Department of Education (Department) is committed to a holistic approach to attract, develop, and retain exceptional teachers. As the State employs higher criteria for instruction and holds educators accountable for meeting these criteria through improved student assessments and educator evaluations, the Department must ensure new teachers are prepared to meet the greater demands. Fostering high-quality preparation that is directly aligned to Professional Standards for Teachers and the Professional Standards for School Leaders is one key mechanism for enhancing the effectiveness of novice teachers.
The Department proposes to readopt with amendments N.J.A.C. 6A:9, Professional Standards, which sets forth the State’s Professional Standards for Teachers and the Professional Standards for School Leaders that must be embedded in educators’ pre-professional and professional preparation. The chapter also sets forth definitions applicable to the chapter and to N.J.A.C. 6A:9A, 6A:9B, and 6A:9C.
N.J.A.C. 6A:9 previously set forth the rules governing the preparation, licensure, and professional development of educators required by their positions to be certified. It also contained rules governing the approval of educator preparation programs and their content. Finally, it contained the rules delineating the organization of, powers of, duties of, and proceedings before the State Board of Examiners. On August 4, 2014, the chapter was recodified into four chapters – N.J.A.C. 6A:9, 6A:9A, 6A:9B, and 6A:9C – via a notice of administrative changes. Current N.J.A.C. 6A:9 pertains to professional standards for teachers and school leaders to which pre-professional and professional programs must align, while N.J.A.C. 6A:9A pertains to the rules governing educator preparation programs in New Jersey. N.J.A.C. 6A:9B focuses on the State Board of Examiners, its proceedings, and the various types of certification. Lastly, N.J.A.C. 6A:9C contains the rules governing professional development for educators.
The amendments proposed in this chapter align with amendments proposed to N.J.A.C. 6A:9A, 6A:9B, and 6A:9C in separate rulemakings. The proposed amendments to the definitions represent the Department’s efforts to enhance the effectiveness of novice teachers by promoting high-quality preparation, rigorous standards for entry into the profession, and meaningful mentoring and professional development once the educators are working in schools and classrooms.
The Department proposes to replace “institute of higher education” or “college or university” with “higher education institution” throughout the chapter for consistency.
Unless specified in this Summary, all other amendments are proposed for clarity, stylistic or grammatical improvement, or to update Administrative Code citations affected by proposed recodifications.
Subchapter 1. Scope and Purpose
N.J.A.C. 6A:9-1.1 Scope
This scope of the chapter includes the rules governing preparation, licensure, and professional development of educators.
The Department proposes to amend this section to accurately reflect the chapter’s scope since the recent recodification of the former N.J.A.C. 6A:9 into four chapters. The Department proposes to replace “rules governing the” with “applicable definitions for” as this chapter no longer contains the rules governing preparation, licensure, and professional development. The Department also proposes to replace “by their positions to be certified” with “for licensure and certification pursuant to this chapter and N.J.A.C. 6A:9A, 6A:9B, and 6A:9C” for stylistic improvement and because the defined words are no longer only found in Chapter 9, but are spread out across all four chapters. Similarly, the Department proposes to replace “rules governing the approval of educator preparation programs and the content of such programs. Finally, it contains the rules delineating the organization of, powers of, duties of, and proceedings before the State Board of Examiners” with “rules outlining the Professional Standards for Teachers and the Professional Standards for School Leaders” as the rules for educator preparation programs and the State Board of Examiners now are located at N.J.A.C. 6A:9A and 6A:9B, respectively.
N.J.A.C. 6A:9-1.2 Purpose
This section sets forth the purpose of the chapter, which is to establish a licensure system based on professional standards for pre-service preparation, certification, and professional development that continuously serves to improve the quality of instruction for New Jersey’s children. Likewise, a standards-based licensure system designed to support improved student achievement of the Core Curriculum Content Standards will serve to improve the quality of the State’s educator workforce and student performance.
The Department proposes to amend N.J.A.C. 6A:9-1.2(a) to replace “licensure system based on” with “definitions applicable to this chapter, and to N.J.A.C. 6A:9A, 9B, and 9C, and to establish” to align with the chapter’s content as proposed. The Department also proposes to replace “equip them to work and succeed in an ever-changing and increasingly complex global economy” with “prepare them for post-secondary education and/or careers” to align with the Department’s mission.
Subchapter 2. Definitions
N.J.A.C. 6A:9-2.1 Definitions
This section provides definitions for terms that apply to this chapter and also to N.J.A.C. 6A:9A, 6A:9B, and 6A:9C.
The Department proposes to amend the definition of "accepted cohort of candidates" to replace “accepted into” with "accepted to start at the same time" to clarify the individuals in a cohort should begin the educator preparation program at the same time. The Department also proposes to delete “within each New Jersey institution of higher learning” because alternate-route/CE educator preparation program providers will also be required to accept candidates in cohorts starting in academic year 2017-2018.
The Department proposes in the definition of “accreditation” to replace “and approved by the Commissioner” with “or approved by the Commissioner.” The Department proposes at N.J.A.C. 6A:9A-3.1(a)2 in a separate rulemaking to allow an organization recognized by the Council for Higher Education Accreditation (CHEA) or approved by the Commissioner to accredit programs; therefore, “or” is more appropriate than “and.” The Department also proposes to delete the definition’s second sentence indicating how an accreditation review must take place because it is determined by the accrediting body and not the Department.
The Department proposes a definition for “administrative certificate” to mean “the certificate category that includes specific endorsements for school administrator, principal, supervisor, or school business administrator” to clarify there are four different endorsements leading to an administrative certificate. The administrator certificate is issued by the Department, as described in N.J.A.C. 6A:9B, but not currently defined. Therefore, the Department proposes the definition to distinguish this type of certificate from instructional or educational services certificates.
The Department proposes to amend the term “agency” to “international agency” to clarify the types of organizations covered by the term. The Department also proposes to delete “Department-approved” from the definition to reflect current practice; international agencies are not approved by the Department. The Department also proposes to amend the definition of “international agency” to replace “State Board” with “Commissioner” as the entity responsible for defining teacher shortage areas for consistency. Finally, the Department proposes to relocate the definition of the amended term to its correct place in the definitions’ alphabetical order.