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:	April 23, 2004
PROPOSED HANDLING:	Approval (Consent Agenda)
RATIONALE FOR ITEM:	To Implement Policy
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY:

 

            Attached for confirmation of an 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 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 the 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 was adopted as an emergency measure at the March 2004 meeting of the Board of Regents and is now being proposed for adoption as a permanent rule.  A Notice of Proposed Rule Making concerning the proposed amendments was published in the State Register on March 24, 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 June 10, 2004. 

 

 

 

 

Attachment

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 June 10, 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 June 10, 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 June 10, 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 June 10, 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 June 10, 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.