THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
The Honorable the Members of the Board of Regents |
FROM: |
Johanna Duncan-Poitier |
COMMITTEE: |
Higher Education and Professional Practice |
TITLE OF
ITEM: |
Proposed Amendments to the Regulations of the Commissioner of Education Relating to Pathways to Certification in the Classroom Teaching Service |
DATE OF
SUBMISSION: |
March 4, 2004 |
PROPOSED
HANDLING: |
Approval |
RATIONALE FOR
ITEM: |
To Implement Policy |
STRATEGIC
GOAL: |
Goal 3 |
AUTHORIZATION(S): |
|
SUMMARY:
Attached for emergency action are proposed amendments to sections 80-1.3, 80-2.1, 80-3.8, 80-3.9, and 80-5.17 of the Regulations of the Commissioner of Education relating to pathways to certification in the classroom teaching service. Supporting materials for the proposed amendments are available upon request from the Secretary to the Board of Regents.
The purpose of the proposed amendments is to clarify and supplement the new requirements for the certification of classroom teachers that became effective on February 2, 2004. The proposed amendments will specifically:
1. Clarify the citizenship requirement for certification consistent with recent statutory change.
2. Permit candidates whose participation in a teacher preparation program was interrupted by active military service to have additional time to complete requirements under the teacher certification requirements in effect prior to February 2, 2004.
3. Add a statement of continuing eligibility option for theater teachers after 2/1/04 (similar to the option provided to teachers of gifted and talented and using ASL).
4. Renew the pathway for licensed speech-language pathologists to qualify for teaching certificates under an exception to the regular requirements (previous authority expired on 2/1/04).
5. Renew the authority for certified out-of-state teachers to qualify for a “conditional” first level teaching certificate, allowing holders two years to pass the NYS certification exams (previous authority expired on 2/1/04).
The recommended action is proposed as an emergency measure because such action is necessary for the preservation of the general welfare in order to clarify the new teacher certification requirements, ensure that there are sufficient pathways to certification to meet the staffing needs of the State’s public schools so that disruptions in essential educational programs are avoided, and immediately accommodate individuals whose educational preparation for teacher certification was interrupted by active military service. A Statement of Facts and Circumstances Which Necessitate Emergency Action is attached.
A Notice of Proposed Rule Making will be published in the State Register on March 24, 2004. A Notice of Emergency Adoption will also be published in the State Register on April 14, 2004.
I recommend that the Board of Regents take the following action:
VOTED: That section 80-1.3 of the Regulations of the Commissioner of Education is repealed and a new section 80-1.3 is added; that subdivision (a) of section 80-2.1 of the Regulations of the Commissioner of Education is amended; and that sections 80-3.8, 80-3.9, and 80-5.17 of the Regulations of the Commissioner of Education are added, effective March 30, 2004, 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 clarify the new teacher certification requirements, ensure that there are sufficient pathways to certification to meet the staffing needs of the State’s public schools so that disruptions in essential educational programs are avoided, and immediately accommodate individuals whose educational preparation for teacher certification was interrupted by active military service.
Attachments
PROPOSED AMENDMENT TO SECTIONS 80-1.3,
80-2.1, 80-3.8, 80-3.9, AND 80-5.17 OF THE REGULATIONS OF THE COMMISSIONER OF
EDUCATION PURSUANT TO SECTIONS 207, 305, 3001, 3004, 3006, 3009, AND 3010 OF THE
EDUCATION LAW RELATING TO PATHWAYS TO CERTIFICATION IN THE CLASSROOM TEACHING
SERVICE
STATEMENT OF FACTS AND
CIRCUMSTANCES
WHICH NECESSITATE EMERGENCY
ACTION
The purpose of the proposed amendment is to
clarify and supplement the new requirements for the certification of classroom
teachers that became effective on February 2, 2004. Specifically, the amendment will
clarify the citizenship requirement for certification consistent with recent
statutory change, permit candidates whose participation in a teacher preparation
program was interrupted by active military service to have additional time to
complete requirements under the teacher certification requirements in effect
prior to February 2, 2004, renew the pathway for license speech-language
pathologists to qualify for teaching certificates under an exception to the
regular requirements, renew the authority for certified out-of-state teachers to
quality for a conditional first-level certificate, and permit theater teachers
who meet prescribed requirements to continue to teach under a statement of
continued eligibility without additional certification.
Extensive new requirements for certification
in the classroom teaching service went into effect on February 2, 2004. The proposed changes are needed
immediately to renew necessary pathways to certification that were previously
available under the requirements in effect prior to February 2, 2004. It is also needed immediately to clarify
the citizen requirements for certification affecting current applicants. In addition, the amendment permits
candidates whose participation in a teacher preparation program was interrupted
by active military service to have additional time to complete certification
requirements under the requirements that were in place prior to February 2,
2004. This change is needed to
accommodate such candidates who were on track for meeting the requirements for
certification under the requirements that were in place at the time they were
called to service for the country.
The Department believes that these candidates should not be penalized for
such service. This change
must be made immediately because the new requirements are currently in
place.
The recommended action is proposed as an
emergency measure because such action is necessary for the preservation of the
general welfare in order to clarify the new requirements, ensure that there are
sufficient pathways to certification to meet the staffing needs of the State's
public schools so that disruptions in essential educational programs are
avoided, and immediately accommodate individuals whose educational preparation
for teacher certification was interrupted by active military service.
It is anticipated that the
proposed amendment will be presented to the Board of Regents for adoption as a
permanent rule at its May 17-18, 2004
meeting.
AMENDMENT TO THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION
Pursuant to sections 207, 305, 3001, 3004,
3006, 3009, and 3010 of the Education
Law.
1.
Section 80-1.3 of the Regulations of the Commissioner of Education is
repealed and a new section 80-1.3 is added, effective March 30, 2004, as
follows:
80-1.3
Citizenship.
(a) In accordance with section 3001 of the
Education Law, to qualify for a certificate under this Part, the candidate shall
be a citizen of the United States or meet the requirements in one or more of the
following paragraphs, subject to the limitations therein prescribed, except as
provided in subdivision (b) of this section:
(1) A candidate who is not a citizen of the
United States may be issued a modified temporary license, transitional
certificate, provisional certificate, initial certificate, or other time-limited
license authorized by this Part, upon meeting the requirements for the
certificate or license as defined in this Part and the Education Law, provided
the candidate makes due application to become a citizen and thereafter within
the time prescribed by law becomes a citizen.
(2) A candidate who is not a citizen of the
United States may be issued any
certificate or license under this Part, upon meeting the requirements for
the certificate or license as defined in this Part and the Education Law, if the
candidate's immigration status is that of a lawful permanent resident of the
United States, provided that the provision permitting such a candidate to teach
in the public schools of New York State set forth in subdivision (3) of section
3001 of the Education Law has not expired or been repealed.
(3) A candidate who is not a citizen of the
United States, has not declared an intention of becoming a citizen, and does not
qualify for a certificate under the requirements of paragraph (2) of this
subdivision, may be issued a
modified temporary license, transitional certificate, provisional certificate,
initial certificate, or other time-limited license authorized by this Part,
provided that such candidate meets the requirements for the certificate or
license, as defined in this Part and the Education Law, and either:
(i) possesses the skills or competencies not
readily available among teachers holding citizenship;
or
(ii) demonstrates to the department other
good cause for obtaining such certificate, including but not limited to, the
need to facilitate a candidate's ability to meet certification requirements of
another jurisdiction.
(b) The requirements of subdivision (a) of
this section shall not preclude a candidate who is not a citizen of the United
States from qualifying for a permit or other authorization to teach in the
public schools of New York State, in accordance with specific provisions of the
Education Law that authorize such teaching service by a candidate who is not a
citizen of the United States, such as section 3005 of the Education Law.
2.
Subdivision (a) of section 80-2.1 of the Regulations of the Commissioner
of Education is amended, effective March 30, 2004, as follows:
(a) Application of this Subpart.
(1) Candidates who apply for provisional
teachers' certificates valid for classroom teaching service on or before
February 1, 2004 and who upon such application qualify for such provisional
certification effective on or before February 1, 2004 shall be subject to the
requirements of this Subpart.
Candidates who do not meet this condition shall be subject to the
requirements of Subpart 80-3 of this Part, unless otherwise specifically
prescribed in this Part.
(2) Candidates who apply for
permanent teachers' certificates in the classroom teaching service shall be
subject to the requirements of this Subpart, provided that they have been issued
a provisional teacher's certificate in the title for which the permanent
certificate is sought [with an effective date that begins on or before February
1, 2004].
(3) Candidates
who were matriculated in a program registered pursuant to Part 52 of this Title
as leading to certification in the classroom teaching service whose
participation in that program was interrupted by mobilization in active military
service between September 11, 2001 and February 1, 2004 shall be granted an
extension of time to complete the requirements under this Subpart for the
provisional or permanent certificate in the classroom teaching service equal to
the amount of time the candidate was in active military service, provided the
candidate provides the department with adequate documentation verifying the
effective dates of such military service and matriculation in the registered
program when mobilized for active military service. Such extension shall commence on
September 1, immediately following the concluding date of the candidate's active
military service.
[(3)] (4) . . .
3.
Section 80-3.8 of the Regulations of the Commissioner of Education is
added, effective March 30, 2004, as
follows:
80-3.8 Statement of continued eligibility for
teachers of theater. Upon
application, a person employed in New York State in a public school or other
school for which teacher certification is required, as a teacher of theater for
three of the five years immediately preceding February 2, 2004, may be issued by
the department a statement of continued eligibility pursuant to which such
person may continue to teach theater in the classroom teaching service without
the certificate prescribed in this Subpart, provided that such person holds a
permanent certificate in the classroom teaching service. The statement of continued eligibility
shall be valid for service in any school
district.
4.
Section 80-3.9 of the Regulations of the Commissioner of Education is
added, effective March 30, 2004, as follows:
80-3.9 Exception for licensed speech-language
pathologists.
(a) Initial certificate. In lieu of meeting the education and
examination requirements prescribed in subdivision (b) of section 80-3.3 of this
Part, a candidate may meet the following requirements for an initial certificate
as a teacher of speech and language disabilities (all
grades):
(1) the candidate must request in writing an exception to
stated preparation under this section;
(2) the candidate must submit an application
for initial certification to the department;
and
(3) the candidate must be registered and hold
a New York State license in speech-language pathology, pursuant to Title VIII of
the Education Law.
(b) Professional certificate. In lieu of meeting the education,
experience, and examination requirements prescribed in subdivision (b) of section 80-3.4 of
this Part, the candidate issued an initial certificate under the requirements of
subdivision (a) of this section shall meet the following requirements for a
professional certificate as a teacher of speech and language disabilities (all
grades):
(1) the candidate must continue to be
registered and hold a New York State license in speech-language pathology,
pursuant to Title VIII of the Education
Law;
(2) the candidate must satisfactorily
complete three years of experience as a teacher of the speech- and
hearing-handicapped in a school offering instruction in any grade,
pre-kindergarten through grade 12; or three years of equivalent experience as
determined by the department, such as experience providing speech-language
pathology services to children in a preschool program, as defined in section
200.1 of this Title;
(3) the candidate must achieve a satisfactory level of
performance on the liberal arts and sciences portion of the New York State
Teacher Certification Examinations; and
(4) the candidate must satisfactorily
complete while under the initial certificate, except for course work specified
in subparagraph (ii) of this paragraph,
either:
(i) 40 clock hours of coursework or other
professional development activities which are approved by a school district or
BOCES under the school district's or BOCES' professional development plan
established in accordance with section 100.2(dd) of this Title, and which must
be in the following subjects: classroom management; literacy education; and the
development of knowledge,
understanding, and skills for working with general education teachers in terms
of the impact of speech, language, and hearing disabilities on learning in the
general curriculum areas of the State learning standards for students, which are
prescribed in Part 100 of this Title; or
(ii) six semester hours of undergraduate or
graduate coursework from an institution of higher education with programs
registered pursuant to Part 52 of this Title or a regionally accredited
institution of higher education, which may be completed prior to the candidate obtaining the initial
certificate and which must
be in the following subjects: classroom management; literacy education; and the
development of knowledge, understanding, and skills for working with general
education teachers in terms of the impact of speech, language, and hearing
disabilities on learning in the general curriculum areas of the State learning
standards for students, which are prescribed in Part 100 of this Title; or
(iii) 40 continuing competency hours in
acceptable learning activities, as defined in section 75.4 of this Title, except
for undergraduate or graduate coursework as otherwise specified in subparagraph
(ii) of this paragraph, which must be in the following subjects: classroom
management; literacy education; and the development of knowledge, understanding,
and skills for working with general education teachers in terms of the impact of
speech, language, and hearing disabilities on learning in the general curriculum
areas of the State learning standards for students, which are prescribed in Part
100 of this Title; or
(iv) a combination of the activities
prescribed in subparagraphs (i), (ii), and/or (iii) of this paragraph that the
department determines provides equivalent educational preparation.
5.
Section 80-5.17 of the Regulations of the Commissioner of Education is
added, effective March 30, 2004, as follows:
80-5.17 Conditional initial certificate in
the classroom teaching service.
(a) For initial certification in a
certificate title in the classroom teaching service for which this Part requires
completion of an examination requirement, the commissioner may issue to a
candidate who has not met such examination requirement a two-year nonrenewable
conditional initial certificate, notwithstanding that the examination
requirement has not been met, and deem that all other requirements for the
initial teacher’s certificate in the certificate title in the classroom teaching
service have been met, provided that the candidate holds a valid regular
teacher’s certificate in the same or an equivalent title by a state which has
contracted with the State of New York pursuant to section 3030 of the Education
Law, the interstate agreement on the qualifications of educational personnel,
and provided further that such regular teacher’s certificate issued by the other
state evidences knowledge, skills and abilities comparable to those required for
certification in New York State.
(b) To meet the requirements for a full
initial certificate in such certificate title, the candidate shall be required
to submit to the commissioner, at least 60 days prior to the expiration of the
conditional initial certificate, satisfactory evidence of meeting the
examination requirement for the initial certificate title sought, as prescribed
in this Part. If the candidate
meets such examination requirement, the commissioner shall issue an initial
certificate.