sed seal                                                                                                 

 

 

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

 

TO:

Full Board

FROM:

Johanna Duncan-Poitier

 

 

SUBJECT:

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Requirements for Teachers’ Certificates and Teaching Practice

 

DATE:

 

August 29, 2007

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 

SUMMARY

 

 

Issue for Decision (Consent Agenda)

 

Should the Board of Regents amend Subparts 80-1, 80-3, 80-4 and 80-5 of the Regulations of the Commissioner of Education, relating to the requirements for teachers’ certificates and teaching practice?

 

Reason(s) for Consideration


              Review of Policy.

 

Proposed Handling

 

The proposed amendment will come before the Board of Regents in September for adoption as a permanent rule.

 

Procedural History

 

The proposed amendment was discussed at the meeting of the Higher Education and Professional Practice Committee in June 2007.  A Notice of Proposed Rule Making was published in the State Register on June 27, 2007.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents. 

 

Background Information

 

The Office of Teaching Initiatives regularly receives applications for certification that present unique or unusual circumstances.  Some of these applications involve situations where an applicant has met the equivalent of the certification requirements specified in regulation while perhaps not meeting the exact language of such requirements.  The proposed amendment is designed to provide the Commissioner with sufficient flexibility to accept equivalent preparation.  In May 2007, the State Professional Standards and Practices Board (PSPB) discussed these proposed amendments and voted unanimously to support them. 

 

A review of the requirements for the certification of teachers (including classroom teachers, school leaders, and pupil personnel professionals) also revealed a need for various technical amendments to clarify existing standards and procedures that must be met for certification by the Board of Regents and the Commissioner of Education and to make certain other changes deemed necessary in the review and approval of candidates for certification.  Specifically, the proposed amendment makes the following major changes:

 

The proposed amendment permits the Commissioner to extend the time validity of an expired provisional, initial or transitional certificate for an additional year, beyond the two-year extension currently provided for, if a candidate is faced with extreme hardship or other circumstances beyond the control of the individual.  This change is needed to provide the Commissioner with the flexibility to extend the time validity of certain certificates in extreme circumstances.  For example, a teacher who was granted a two-year time extension under the existing regulation (due to lack of employment as a teacher) is then medically incapacitated for one year of the time extension due to a serious disease or injury.  Such a teacher could be given the additional year to satisfy the requirements for the second level certificate (permanent or professional).

 

              The amendment also changes the date by which all applicants for certification as educational leaders must submit their applications to qualify for certification under the “old” certificate titles (school administrator and supervisor, school district administrator, and school business administrator) from September 2, 2006 to September 2, 2007.  Currently, the regulation requires that candidates apply for the “old” certificate titles prior to September 2, 2006 although they have until September 2, 2007 to qualify for the certificates.  This deadline has proven to be insufficient time for the Department to notify potential candidates and for candidates to submit their applications. Therefore, this amendment is needed to make September 2, 2007 the deadline by which candidates must have both applied and qualified for the “new” certificate titles.

 

For purposes of qualifying for a teaching certificate, the proposed amendment provides the Commissioner with the flexibility to accept a candidate’s degree from a higher education institution that the Commissioner deems substantially equivalent to a baccalaureate degree from a regionally accredited institution of higher education.  This change is needed to provide the Commissioner with the flexibility to accept a candidate who has received teacher preparation from a higher education institution that the Commissioner deems substantially equivalent to that of a regionally accredited institution.  For example, candidates educated in foreign countries may be awarded other types of degrees that equate to baccalaureate level preparation, or candidates may hold a law degree from institutions that are not regionally accredited but are accredited by the American Bar Association. 

 

The amendment also permits the Commissioner to accept academic preparation that the Commissioner deems to be substantially equivalent to that specified in regulation for a teaching certificate. Again, this change is needed to allow the Commissioner to accept coursework from a candidate that satisfies the required competencies.  For example, interdisciplinary coursework in a Women’s Studies program may be judged to satisfy an English or social studies content requirement.  Also, course credit achieved through the following programs would be acceptable:  Defense Activity for Non-Traditional Education Support (DANTES), College Level Examination Program (CLEP), and National Program on Noncollegiate Sponsored Instruction (NPONSI). 

 

              The proposed amendment also provides the Commissioner with the flexibility to accept paid full-time experience in lieu of the college-supervised practicum in the classroom teaching titles that require a practicum: literacy, library media specialist, and speech and language disabilities. This change is needed to provide an option, for example, for those out-of-state candidates who graduated from programs that did not include a practicum but who may have several years of professional experience or applicants who have completed programs years ago and practiced in non-public schools successfully for many years.

 

              The amendment also establishes an application deadline of September 1, 2008 for a Statement of Continuing Eligibility (SOCE) in certain certificate/extension titles: gifted and talented, American Sign Language, and theater.  SOCE was created in each of these areas when they were established as certificate or extension titles in 2004.  SOCE allowed experienced teachers employed in the public schools at that time to continue to be qualified for employment. The proposed deadline for SOCE applications recognizes that all applications for a SOCE should have now been submitted.

 

              For purposes of certification as a school building leader, a school district leader or school district business leader, the amendment permits the Commissioner to accept a candidate who has successfully completed an educational leadership program accredited by a United States Department of Education recognized accrediting body at a regionally accredited institution outside New York State.  This is needed to provide the Commissioner with a mechanism to accept successful candidates who have completed programs that have been rigorously reviewed by national accrediting bodies and found to be of high quality in the field of school leadership.

 

The amendment sets forth the specific teaching certificate titles to which an extension as coordinator of work-based learning programs for career awareness may be appropriately attached and those teaching certificate titles for which an extension as a coordinator of work-based learning programs for career development may be attached. The current regulatory language lacks the specificity needed to advise candidates appropriately.

 

The amendment also clarifies that the holder of an extension as a coordinator of work-based learning programs for career development may also coordinate programs for career awareness. This clarification is needed to advise candidate’s appropriately because the requirements for a coordinator of work-based learning programs include and are more rigorous than the requirements for career awareness.

 

The amendment also authorizes the Commissioner to accept an out-of-state certificate or an authorization to practice from another country that evidences comparable knowledge, skills, and abilities with those required for initial certification in New York State.  This amendment is needed to provide the Commissioner with the flexibility to accept certificates or authorizations to practice presented by applicants from foreign countries or non-reciprocal states that the Commissioner deems equivalent.    

 

Recommendation

 

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

 

VOTED: That section 80-1.6; the title of Subpart 80-3; subdivision (a) of section 80-3.1; subparagraph (iii) of paragraph (3) of subdivision (a) and subparagraph (i) of paragraph (1) of subdivision (b) of section 80-3.3; section 80-3.7; section 80-3.8; subclause (1) of clause (a) of subparagraph (ii) of paragraph (1) of subdivision (a), item (ii) of subclause (2) of clause (a) of subparagraph (i) of paragraph (3) of subdivision (b), and clause (b) of subparagraph (ii) of paragraph (3) of subdivision (c) of section 80-3.10; subparagraph (iii) of paragraph (3) of subdivision (d), paragraph (2) of subdivision (e), subdivision (f) and paragraph (2) of subdivision (h) of section 80-4.3 of section 80-4.3; and section 80-5.17, be amended, as submitted, effective October 4, 2007.

 

Timetable for Implementation

 

              The proposed amendment will become effective on October 4, 2007.

             

Attachments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 207, 208, 305, 308, 3001, 3004, 3006, 3007 and 3009 of the Education Law.

              1.  Section 80-1.6 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              80-1.6 Extensions of time validity of certificates.

              (a)  The time validity of an expired provisional, initial or transitional certificate may be extended for a period not to exceed two years from the expiration date of such certificate, except as provided in [subdivision] subdivisions (b) and (c) of this section, upon application by the holder of a teaching certificate:

              (1) . . .

              (2) . . .

              (3) . . .

              (4) . . .

              (5) . . .

              (6) . . .

              (b) . . .

              (c) The commissioner may extend the time validity of an expired provisional, initial or transitional certificate beyond the two-year extension provided for in subdivision (a) of this section, for a period not to exceed one additional year, if in the six-months preceding the end of the two-year extension, the candidate is faced with extreme hardship or other circumstances beyond the control of the individual and is unable to complete the requirements for the permanent or professional certificate in a timely manner.   

              2.  The title of Subpart 80-3 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

SUBPART 80-3

REQUIREMENTS FOR CERTIFICATES IN THE CLASSROOM TEACHING SERVICE APPLIED FOR ON OR AFTER FEBRUARY 2, 2004 AND IN THE EDUCATIONAL LEADERSHIP SERVICE APPLIED FOR ON OR AFTER SEPTEMBER 2, [2006] 2007

              3.  Subdivision (a) of Section 80-3.1 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              (a)  Application of this Subpart.  (1)  Candidates who apply on or after February 2, 2004 for certificates valid for classroom teaching service, and on or after September 2, [2006] 2007 for certificates valid for the educational leadership service, shall be subject to the requirements of this Subpart, unless otherwise specifically prescribed in this Part, and except as prescribed in paragraph (2) of this subdivision. 

              (2) . . .

              (3) . . .

              4.  Subparagraph (iii) of paragraph (3) of subdivision (a) of Section 80-3.3 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              (iii)  The option to complete the education requirements for the certificates specified in subparagraphs (i) and (ii) of this paragraph through equivalent study, as determined by individual evaluation in accordance with the requirements of section 80-3.7 of this Subpart[, shall only be available for] will continue to be available for individuals who hold an initial, professional, provisional or permanent certificate in the classroom teaching service.  For candidates who do not already hold an initial, professional, provisional or permanent certificate in the classroom teaching service, this option will only be available to candidates who apply for a certificate in childhood education by February 1, 2007 [and for candidates who apply] or for any other certificate in the classroom teaching service by February 1, 2009, and who upon application qualify for such certificate. 

              5.  Subparagraph (i) of paragraph (1) of subdivision (b) of Section 80-3.3 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              (i)  The candidate shall hold a baccalaureate degree from a regionally accredited institution of higher education or a higher education institution that the commissioner deems substantially equivalent or from an institution authorized by the Regents to confer degrees and whose programs are registered by the department, and shall satisfactorily complete a program registered pursuant to section 52.21 of this Title, which leads to the certificate sought, or its equivalent.

              6.  Section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              80-3.7 Satisfaction of education requirements for certification in the classroom teaching service through individual evaluation.

              This section prescribes requirements for meeting the education requirements for classroom teaching certificates through individual evaluation.  This option for meeting education requirements [shall only] continues to be available for candidates who hold an initial, professional, provisional, or permanent certificate in the classroom teaching service.  For candidates who do not already hold an initial, professional, provisional, or permanent certificate in the classroom teaching service, this option will only be available to candidates who apply for a certificate in childhood education by February 1, 2007 and for candidates who apply for any other certificate in the classroom teaching service by February 1, 2009, and who upon application qualify for such certificate.  The candidate must have achieved a 2.5 cumulative grade point average or its equivalent in the program or programs leading to any degree used to meet the requirements for a certificate under this section.  In addition, a candidate must have achieved at least a C or its equivalent in any undergraduate level course and at least a B- or its equivalent in any graduate level course in order for the semester hours associated with that course to be credited toward meeting the content core or pedagogical core semester hour requirements for a certificate under this section.  All other requirements for the certificate, including but not limited to, examination and/or experience requirements, as prescribed in this Part, must also be met.         

(a) . . .

              (1) . . .

              (2)  General requirements.  All candidates seeking to fulfill the education requirement for the initial certificate through individual evaluation of education requirements shall meet the general requirements prescribed in this paragraph, or their substantial equivalent as determined by the commissioner, unless the additional requirements for the certificate title sought in paragraph (3) of this subdivision explicitly substitute a different requirement. 

              (i) Degree completion.  The candidate shall possess a baccalaureate from a regionally or nationally accredited institution of higher education, a higher education institution that the commissioner deems substantially equivalent, or from an institution authorized by the Regents to confer degrees and whose programs are registered by the department. 

              (ii) . . .

              (iii) . . .

              (iv) . . .

              (v) . . .

              (a) . . .

              (b) . . .

              (3)  Additional requirements.  A candidate seeking to fulfill the educational requirement for the initial certificate through individual evaluation of education requirements shall meet the additional requirements in this paragraph or their substantial equivalent as determined by the commissioner, if so prescribed for that certificate title, in addition to the general requirements prescribed in paragraph (2) of this subdivision. 

              (i) . . .

              (ii) . . .

              (iii) . . .

              (iv) Literacy (birth-grade 6) and literacy (grades 5-12).

              (a) . . .

              (b) . . .

              (1) . . .

              (2)  Teaching experience.  The candidate shall satisfactorily complete 40 school days in a college-supervised student teaching experience or as an employed teacher.  In addition, the candidate shall satisfactorily complete a college-supervised practicum, as defined in section 52.21(b)(2) of this Title, of 50 clock hours in teaching literacy to students, at developmental levels appropriate to the certificate sought.  For candidates who apply for both certificate titles, literacy (birth-grade 6) and literacy (grades 5-12), the 50-clock hour practicum shall include 25 hours of teaching students (birth-grade 6) and 25 clock hours of teaching students (grades 5-12).  One year of paid, satisfactory, full-time experience as a literacy teacher on the elementary and/or secondary level may be accepted in lieu of the college-supervised practicum in literacy when such experience is verified by the employing school district administrator.  To satisfy this requirement, any experience as a literary teacher in a New York State public school must be in accordance with the Commissioner’s regulations. 

              (v) . . .

              (vi) . . .

              (vii) . . .

              (viii) . . .

              (ix) . . .

              (x) . . .

              (xi) Speech and language disabilities (all grades).

(2)  Practicum.  In lieu of the pedagogical core teaching experience prescribed in clause (2)(v)(b) of this subdivision, the candidate shall satisfactorily complete a college-supervised practicum, as defined in section 52.21(b)(1) of this Title, of 150 clock hours that includes experiences with students with speech and language disabilities in early childhood (birth-grade 2), childhood (grades 1-6), middle childhood (grades 5-9), and adolescence (grades 7-12).  The practicum shall include experiences in elementary and/or secondary schools.  One year of paid, satisfactory, full-time experience as a teacher of speech and language disabilities on the elementary and/or secondary level may be accepted in lieu of the college-supervised practicum in speech and language disabilities when such experience is verified by the employing school district administrator.  To satisfy this requirement, any experience as a teacher of speech and language disabilities in a New York State public school must be in accordance with the Commissioner’s regulations. 

              (xii) Library media specialist (all grades).

              (a) . . .

              (b) . . .

              (1) . . .

(2)  Practicum.  The candidate shall satisfactorily complete a college-supervised practicum, as defined in section 52.21(b)(1) of this Title, providing library services, of 20 school days in an elementary school and 20 school days in a secondary school.  One year of paid, satisfactory, full-time experience as a library media specialist on the elementary and/or secondary level may be accepted in lieu of the college-supervised practicum in library media when such experience is verified by the employing school district administrator.  To satisfy this requirement, any experience as a library media specialist in a New York State public school must be in accordance with the Commissioner’s regulations.   

(b) . . .

(c) . . .

7.  Section 80-3.8 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows: 

80-3.8  Statement of continued eligibility for teachers of theater. 

(i)  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 or professional certificate in the classroom teaching service.  The statement of continued eligibility shall be valid for service in any school district.

(ii)  A statement of continued eligibility shall be limited to the specific permanent or professional certificate held authorizing classroom teaching service, as prescribed in subparagraph (i) of this paragraph, but shall be valid for service in any school district.

(iii)  Applications for the statement of continued eligibility must be filed with the Department on or before September 1, 2008.

8.  Subclause (1) of clause (a) of subparagraph (ii) of paragraph (1) of subdivision (a) of Section 80-3.10 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

(1)  The candidate shall hold a master’s or higher degree from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the department and have successfully completed a program leading to the initial certificate as a school building leader in the educational leadership service registered pursuant to section 52.21(c) of this Title, or its equivalent as determined by the department, or an educational leadership program leading to a regular certificate in an equivalent title to a school building leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State.

9.  Item (ii) of subclause (2) of clause (a) of subparagraph (i) of paragraph (3) of subdivision (b) of Section 80-3.10 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              (ii)  have successfully completed an educational leadership program outside of New York State that is equivalent to a program leading to a professional certificate as a school district leader in the educational leadership service registered pursuant to section 52.21(c)(3) of this Title or an educational leadership program leading to a regular certificate in an equivalent title to school district leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State, including a requirement to pass an assessment equivalent to the New York State assessment for school district leadership, or alternatively the candidate shall satisfy this component of the educational leadership program by passing the New York State assessment for school district leadership.  The requirement of achieving a satisfactory level of performance on an assessment equivalent to the New York State assessment for school district leadership or alternatively passing such New York State assessment shall be waived if the candidate completes the program prior to the availability of such New York State assessment.  The department shall determine the date on which such assessment is available.  The candidate shall have successfully completed at least 60 semester hours of graduate study, which may include graduate study completed outside of the educational leadership program. 

              10.  Clause (b) of subparagraph (ii) of paragraph (3) of subdivision (c) of Section 80-3.10 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              (b)  have successfully completed an educational leadership program outside of New York State that is equivalent with a program leading to a professional certificate as a school district business leader in the educational leadership service registered pursuant to section 52.21(c)(5) of this Title or an educational leadership program leading to a regular certificate in an equivalent title to school district business leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State, including a requirement to pass an assessment equivalent to the New York State assessment for school district business leadership, or alternatively the candidate shall satisfy this component of the educational leadership program by passing the New York State assessment for school district business leadership.  The requirement of achieving a satisfactory level of performance on an assessment equivalent to the New York State assessment for school district business leadership or alternatively passing such New York State assessment shall be waived if the candidate completes the program prior to the availability of such New York State assessment.  The department shall determine the date on which such assessment is available.  The candidate shall have successfully completed at least 60 semester hours of graduate study, which may include graduate study completed outside of the educational leadership program. 

              11.  Subparagraph (iii) of paragraph (3) of subdivision (d) of Section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              (iii)  Applications for the statement of continued eligibility must be filed with the department on or before September 1, 2008. 

              12.  Paragraph (2) of subdivision (e) of Section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

              (2)  The candidate shall meet the requirements in each of the following subparagraphs:

              (i)  The candidate shall hold a valid provisional, permanent, initial or professional certificate for classroom teaching service in any title in middle childhood education including students with disabilities (5-9), any title in adolescence education including students with disabilities (7-12), or any title in (K-12); or a valid provisional or permanent certificate in the title school counselor (Pre-K-12).

              [(i)]  (ii) . . .

              [(ii)] (iii) . . .

              13.  Subdivision (f) of Section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows: 

              (f)  Requirements for the extension in coordinator of work-based learning programs for career development.  (1)  The extension shall authorize the candidate to coordinate work-based learning programs for career development, such as the Cooperative Occupation Education Work Experience Program (COOP), the Career Exploration Internship Program (CEIP), [programs of youth-run enterprises,] and internship and youth apprenticeship/pre-apprenticeship programs. 

              (2)  The candidate shall meet the requirements in each of the following subparagraphs:

              (i)  The candidate shall hold a valid provisional, permanent, initial or professional certificate for classroom teaching service authorizing instruction in any specific career and technical education title, or in agriculture (all grades), family and consumer sciences (all grades), business and marketing (all grades), or technology education (all grades).   

(ii)  . . .    

(iii)  The extension authorizes the holder to coordinate work-based learning programs for career awareness.

[(iii)] (iv) . . .

14.  Paragraph (2) of subdivision (h) of Section 80-4.3 is amended, effective October 4, 2007, as follows:

(2)  Statement of continued eligibility.

              (i)  A person employed in a position in New York State as a teacher in a position which requires the use of American sign language, for three of the five years immediately preceding February 2, 2004, may be issued a statement of continued eligibility pursuant to which such person may continue to use American sign language in the classroom teaching service without the extension prescribed in this subdivision, provided such person holds a permanent or professional certificate in the classroom teaching service.           

(ii)  A statement of continued eligibility shall be limited to the specific permanent or professional certificate held authorizing classroom teaching service, as prescribed in subparagraph (i) of this paragraph, but shall be valid for service in any school district. 

              (iii)  Applications for the statement of continued eligibility must be filed with the department on or before September 1, 2008.  

15.  Section 80-5.17 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows;

80-5.17  Conditional initial certificate.

(a)  Conditional initial certificate in the classroom teaching service.  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 or an authorization to practice that the commissioner deems equivalent 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, or another state or country [and] provided [further] that [such regular] the commissioner determines that the teacher’s certificate issued by the other state or country evidences knowledge, skills and abilities comparable to those required for certification in New York State. 

(b)  Conditional initial certificate in the title school building leader.  The commissioner may issue a two-year nonrenewable conditional initial certificate in the title school building leader to a candidate who applies for the certificate after September 1, 2006 and meets the following requirements:

(1) . . .

(2)  the candidate holds a valid regular certificate or an authorization to practice that the commissioner deems equivalent in an equivalent title to the title school building leader issued by a state which has contracted with the State of New York pursuant to section 3030 of the Education Law, the interstate agreement on qualifications of educational personnel, or another state or country provided [further] that the commissioner determines that [such] the certificate issued by the other state or country [evidence] evidences knowledge, skills and abilities comparable to those required for certification in New York State.

(c) . . .