0705brca8

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
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to Requirements for Provisional Certification in School Psychology by Licensed Psychologists and for the Interim Bilingual Education Extension for Certificates in School Psychology and Speech and Language Disabilities
DATE:	June 27, 2005
STRATEGIC GOAL:	Goals 3 and 4
AUTHORIZATION(S):

SUMMARY

Issue for Decision (Consent Agenda)

Should the Regents amend sections 80-2.3(e)(1), 80-2.9(a)(5), and 80-4.3(a)(3) of the Regulations of the Commissioner of Education, relating to requirements for provisional certification in school psychology by licensed psychologists and for the interim bilingual education extension for certificates in school psychology and speech and language disabilities?

Reason(s) for Consideration

Review of policy.

Proposed Handling

The proposed amendment is being submitted for approval at the July 2005 meeting of the Board of Regents.

Procedural History

The proposed amendment was discussed at the May 2005 meeting of the Board of Regents. A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on May 4, 2005.

Background Information

The purpose of the proposed amendment is to increase the number of bilingual certified school psychologists and teachers of students with speech and language disabilities to meet the needs of limited English speaking students with disabilities. Specifically, the proposal would establish an expedited pathway for licensed psychologists who have demonstrated proficiency in a language other than English to obtain the first level certificate necessary to work as a school psychologist without first completing a college supervised internship in school psychology. Such candidates will have completed a doctoral program in psychology for licensure. Among other requirements, the candidates will be required to be matriculated in a registered program leading to the bilingual education extension and mentored by a certified school psychologist while in the first year of employment under the provisional certificate.

In addition, the proposal would establish an expedited pathway for holders of certificates in school psychology, speech and language disabilities, and for teaching the speech- and hearing- handicapped to be issued an extension to their certificate authorizing them to provide bilingual education services. This new interim bilingual education extension would allow individuals who have demonstrated language skills and are certified as school psychologists or teachers of students with speech and language disabilities to work as bilingual school psychologists or bilingual teachers of students with speech and language disabilities for up to three years while completing registered college programs leading to the regular bilingual education certificate extension.

School districts around the State and most particularly, the New York City School District, have experienced persistent, serious shortages of certified bilingual school psychologists and teachers of students with speech and language disabilities to meet the needs of students who are classified with disabilities and whose principal language is not English. The proposal is designed to address this shortage of school personnel with bilingual skills.

Recommendation

I recommend that the Board of Regents take the following action:

VOTED: That paragraph (1) of subdivision (e) of section 80-2.3 of the Regulations of the Commissioner of Education be amended, and that paragraph (5) of subdivision (a) of section 80-2.9 and paragraph (3) of subdivision (a) of section 80-4.3 of the Regulations of the Commissioner of Education be added, as submitted, effective August 11, 2005.

Timetable for Implementation

The effective date of the proposed amendment is August 11, 2005.

Attachment

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION Pursuant to sections 207, 210, 215, 305, 3004, and 3006 of the Education Law.

1. Paragraph (1) of subdivision (e) of section 80-2.3 of the Regulations of the Commissioner of Education is amended, effective August 11, 2005, as follows:

(1) Provisional Certificate.

(i) The provisional certificate shall be valid for five years from the date of issuance.

(ii) The candidate shall hold a baccalaureate degree from a regionally accredited institution of higher education or from an institution approved by the department, and shall have completed in addition 60 semester hours of graduate study, including a college-supervised internship in the field of school psychology. [The certificate shall be valid for five years from the date of issuance.]

(iii) Exception for licensed psychologists with demonstrated bilingual skills.

(a) In lieu of meeting the education requirements prescribed in subparagraph (ii) of this paragraph, a candidate may meet the following requirements for a provisional certificate as a school psychologist:

(1) the candidate must request in writing an exception to stated preparation under this subparagraph;

(2) the candidate must submit an application for a provisional certificate to the department;

(3) the candidate must be registered and hold a New York State license as a psychologist, pursuant Title VIII of the Education Law;

(4) the candidate must document a commitment for employment as a school psychologist by a school district or other entity required by law to employ certified school psychologists in which the employer agrees to provide the candidate with mentoring by a certified school psychologist in the first year of employment under the provisional certificate; and

(5) the candidate must meet all requirements for an interim bilingual education extension, as prescribed in section 80-2.9(a)(5) of this Part, except the requirement that the candidate hold a provisional or permanent certificate as a school psychologist.

(b) A candidate who meets the requirements of clause (a) this subparagraph shall be issued both a provisional certificate in school psychology and an interim bilingual education extension. The provisional certificate shall have the duration prescribed in subparagraph (i) of this paragraph. In accordance with the requirements of section 80-2.9(a)(5) of this Part, the interim bilingual education extension shall be valid for three years from its effective date and shall not be renewable.

(c) No provisional certificate in school psychology with an effective date that begins after September 1, 2010 shall be issued under the requirements of this subparagraph, and no interim bilingual education extension with an effective date that begins after September 1, 2010 shall be issued under the requirements of this subparagraph.

2. Paragraph (5) of Subdivision (a) of section 80-2.9 of the Regulations of the Commissioner of Education is added, effective August 11, 2005, as follows:

(5) Interim bilingual education extension for certificates in school psychology.

(i) An interim bilingual education extension may be issued to holders of a school psychologist certificate in the pupil personnel service who have demonstrated proficiency in a language other than English. The interim bilingual education extension shall be valid for three years from its effective date and shall not be renewable. No interim bilingual education extension shall be issued with an effective date that begins after September 1, 2010.

(ii) To be eligible for an interim bilingual education extension, a candidate must meet the following requirements:

(a) hold a provisional or permanent certificate as a school psychologist; and

(b) be matriculated in a registered program leading to a bilingual education extension of a certificate in the pupil personnel service. Such program must require the candidate to pass an assessment of proficiency in the language of the bilingual education extension sought as a condition for entry into the program.

3. Paragraph (3) of subdivision (a) of section 80-4.3 of the Regulations of the Commissioner of Education is added, effective August 11, 2005, as follows:

(3) Interim bilingual education extension for certificates in speech and language disabilities or for teaching the speech- and hearing-handicapped.

(i) An interim bilingual education extension may be issued to holders of certificates in speech and language disabilities or for teaching the speech- and hearing- handicapped in the classroom teaching service who have demonstrated proficiency in a language other than English. The interim bilingual education extension shall be valid for three years from its effective date and shall not be renewable. No interim bilingual extension shall be issued with an effective date that begins after September 1, 2010.

(ii) To be eligible for an interim bilingual education extension, a candidate must meet the following requirements:

(a) hold an initial or professional certificate in speech and language disabilities or a provisional or permanent certificate for teaching the speech- or hearing-handicapped; and

(b) be matriculated in a registered program leading to a bilingual education extension of a certificate as a teacher in the classroom teaching service, as prescribed in section 52.21(b)(4)(i) of this Title, provided that such program must require the candidate to pass an assessment of proficiency in the language of the bilingual education extension sought as a condition for entry into the program.

The Honorable the Members of the Board of Regents

SUMMARY

Reason(s) for Consideration