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Meeting of the Board of Regents | June 2008

Sunday, June 1, 2008 - 11:00pm

sed seal                                                                                                 

 

 

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

 

 

 

                                                                                                         

 

TO:

FROM:

Johanna Duncan-Poitier

 

 

SUBJECT:

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Requirements for Course Work or Training in the Needs of Students with Autism

 

DATE:

June 4, 2008

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 


SUMMARY

 

Issue for Decision

 

Should the Board of Regents adopt as an emergency action the proposed addition of Subpart 57-3 and Section 80-1.12 and amendment of Sections 52.21 and 80-3.7 to the Regulations of the Commissioner of Education, relating to requirements for course work or training in the needs of students with autism?

 

Reason(s) for Consideration

 

Required by State statute.

             

Proposed Handling

 

The proposed amendment is submitted for adoption as an emergency measure at the June 2008 Regents Meeting.  A Statement of Facts and Circumstances Which Necessitate Emergency Action is attached.  Confirmation of the proposed amendment as a permanent rule is scheduled for the September 2008 Regents Meeting. 

 

Procedural History

 

              The proposed amendment was discussed at the April Regents Meeting.  A Notice of Proposed Rule Making was published in the State Register on April 9, 2008. 

              In response to public comment, the proposed amendment was revised.  A Revised Rule Making will be published in the State Register on June 25, 2008.  A Notice of Emergency Adoption will be published on July 11, 2008.  Supporting materials for the proposed amendment are available upon request from the Board of Regents. 

             

Background Information

 

Chapter 143 of the Laws of 2006 requires that all persons applying for a teaching certificate or a license as a special education teacher, in addition to all the other certification or licensing requirements, complete course work or training in the area of children with autism.  The legislation further requires that the course work or training be obtained from an institution or provider which has been approved by the Department to provide such course work or training in the needs of children with autism.    

 

In response to this legislation, the Department worked extensively with internal and external experts in autism to develop the proposed regulations to implement Chapter 143 of the Laws of 2006.  The Work Group recommended the following actions:

 

  • Amend Part 52 of the Commissioner’s Regulations to provide autism specific requirements for special education teacher preparation programs.

 

  • Amend Part 57 of the Commissioner’s Regulations to establish standards under which the Department will approve providers of this training.

 

  • Amend Part 80 of the Commissioner’s Regulations to require that all teachers applying for certification in special education titles complete course work or training in the needs of children with autism and ensure that, as a condition of certification through individual transcript evaluation, special education teachers receive the appropriate training or course work in the needs of students with autism. 

 

              At the April Regents Meeting, the Board of Regents adopted this conceptual approach to the proposed regulations.  However, in response to public comment, staff has made a couple revisions to the proposed regulation.  The two major revisions to the proposed amendment are the deletion of the phrase “autism spectrum disorders” to be consistent with the language set forth in Chapter 143 of the Laws of 2006.  The second major revision to the proposed regulation is an increase in the number of hours of required course work or training in the needs of students with autism, from two hours to three hours for those seeking special education certification through individual evaluation. 

 

              The recommended action is proposed as an emergency measure because such action is necessary to preserve the general welfare in order to establish necessary regulatory standards to implement the requirements of Chapter 143 of the Laws of 2006.

 

 

 

Recommendation

 

Staff recommends that the Board of Regents take the following action:

 

VOTED:  That Sections 52.21 and 80-3.7 be amended and Subpart 57-3 and Section 80-1.12 of the Regulations of the Commissioner of Education be added, as submitted, effective July 11, 2008, as an emergency action upon a finding by the Board of Regents that such an action is necessary for the preservation of the general welfare in order to establish necessary regulatory standards to implement the requirements of Chapter 143 of the Laws of 2006, to ensure that the standards for Department approval of providers offering course work or training in the needs of students with autism are in place so that the Department will have a sufficient amount of providers available to offer the required course work or training by September 2, 2009.  

 

Timetable for Implementation

 

              The emergency adoption will become effective July 11, 2008.  If adopted in September, the effective date of the permanent rule will be October 9, 2008. 

             

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 207, 212, 208, 305, 308, 3001, 3004, 3006, 3007 and 3009 of the Education Law.

              1.  Subclause (1) of clause (b) of subparagraph (vi) of paragraph (3) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective July 11, 2008, as follows:

                 (1) study in the following:

              (i) . . .

              (ii) . . .

(iii) . . .

(iv) . . .

              (v) . . .

              (vi) . . .

              (vii) use of assistive and instructional technology in the teaching of and learning by students with disabilities; [and]

              (viii) . . .

              (ix) understanding the needs of students with autism, including, but not limited to, the etiology, prevalence, characteristics, and evidence-based instructional methodology for teaching students with autism, instructional design and supports to promote communication and socialization skills and skill generalization and maintenance; positive behavioral supports, functional behavioral assessments and behavioral intervention plans; collaboration between the home, class, school and community to ensure that students are supported in the general education environment; and knowledge of resources such as early childhood supports, respite care, state agencies, transition services and vocational rehabilitation services and parent support networks and associations that are available to support students and families; and

              2.  Subpart 57-3 of the Regulations of the Commissioner of Education is added, effective July 11, 2008, as follows:

SUBPART 57-3

Training in Autism

§ 57-3.1 Purpose.

The purpose of this Subpart is to set forth standards for approval and the approval process for providers of course work or training in the needs of students with autism that is offered to candidates for a teachers’ certificate or license in any of the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing; and blind and visually impaired and for school administrators, to the extent required by section 3004 of the Education Law.

§ 57-3.2  Definitions.

As used in this Subpart:

(a) course work or training means course work or training in the needs of students with autism.

(b) provider means any teachers’ or professional organization or association, school district, board of cooperative educational services, nonpublic school, institution of higher education, hospital, health care facility, government agency or office, social service agency, or any other organization that has as its purpose the provision of course work or training in the needs of students with autism, and that is approved by the department to offer such course work or training pursuant to section 3004 of the Education Law.

§ 57-3.3 Filing of application for approval as a provider.

(a) A person or organization seeking approval as a provider shall submit to the department, an application on forms prescribed by the commissioner, with a fee of $600.

(b)  To be approved, each applicant shall submit evidence acceptable to the department that the applicant:

(1) has and will maintain adequate resources to offer the course work or training;

(2) has and will ensure that faculty and educational specialists who will offer the course work or training have demonstrated by training, earned degrees or experience, their competence to offer the course work or training.  The faculty or educational specialists who offer such course work or training must hold at least a master’s degree; and have specialized training in autism or shall have demonstrated, in other widely recognized ways, their specialized knowledge in the area of autism, as determined by the department;

(3) certifies in writing that the course work or training will be conducted through use of a curriculum which, at a minimum, includes the syllabus prepared by the department; and

(4)  certifies, in writing, that certification of completion forms obtained from the department will be issued to students upon completion of the course work or training for their use in documenting satisfaction of the requirement of course work or training in autism, as required under section 3004 of the Education Law.

§57-3.4 Term of approval as a provider.

(a)  Providers shall be approved for a period of six years, except that the approved status of such providers may be terminated during this term by the department in accordance with section 57-3.6 of this Subpart.

(b) At the expiration of said term, the provider may reapply to the department for approval following the requirements of section 57-3.3 of this Subpart, including payment of the required fee.

§ 57-3.5 Responsibility of providers.

(a)  Pursuant to the requirements of section 3004 of the Education Law, a provider, at a minimum, shall offer the syllabus prepared by the department.  However, nothing in this section shall preclude providers from offering additional course work or training which exceeds, or expands upon, the three hour syllabus prescribed by the department.

(b)  An approved provider of such course work or training shall execute a certification of completion of each person completing course work or training, and within 21 calendar days of the completion of course work or training, the provider shall submit the certification of completion to the person completing the course work or training for that person’s use in documenting such completion.

(c) The provider shall retain a copy of the certification of completion in the provider’s files for not less than six years from the date of completion of course work or training.

(d) In the event that an approved provider discontinues offering course work or training, all copies of certifications of completion issued within the six years prior to such discontinuance shall be transferred to the department.

(e)  Course work or training shall be taught by instructors who have demonstrated by training, education and experience their competence to teach the course content prescribed in subdivision (a) of this section.

§ 57-3.6 Review of providers by the department.

(a) The department may review approved providers during the term of approval to ensure compliance with the requirements of this Subpart and may request information from a provider and may conduct site visits, pursuant to such review.

(b) A determination by the department that the services offered by a provider are inadequate, incomplete or otherwise unsatisfactory pursuant to the standards set forth in this Subpart shall result in the denial or termination of the approved status of the provider.

§ 57-3.7 Exemption.

 

An institution that offers a registered program leading to certification
in any of the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing; and blind and visually impaired
, pursuant to section 52.21 of this Title, shall be deemed approved, pursuant to this Subpart, for purposes of offering course work or training in autism within such program to students in the program.

3.  A new Section 80-1.12 of the Regulations of the Commissioner of Education is added, effective July 11, 2008, as follows:

Section 80-1.12_ Required study in
the needs of students with autism for certificates in certain classroom teaching titles.

All candidates for a certificate or license valid for a certificate in the classroom teaching titles of students with disabilities in early childhood, childhood, middle childhood or adolescence; deaf and hard of hearing; blind and visually impaired and speech and language disabilities, who apply for a certificate or license on or after September 2, 2009, shall have completed at least three clock hours of course work or training in autism, as required by section 3004 of the Education Law, which is provided by a registered program leading to certification pursuant to section 52.21 of this Title or other approved provider pursuant to Subpart 57-3 of this Title. 

4. Paragraph 3 of subdivision (a) of Section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective July 11, 2008, as follows:

(3) Additional requirements. A candidate seeking to fulfill the education 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)…

(v) Students with disabilities (birth-grade 2).

              (a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner

(vi) Students with disabilities (grades 1-6).

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner

(vii) Students with disabilities (grades 5-9).

(a) …

 (b)…

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner

              (viii) Students with disabilities (grades 7-12).

(a) …

(b) . . .

(c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner

(ix) Deaf and hard of hearing (all grades).

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner

 (x) Blind or visually impaired (all grades).

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner

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

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.

(xii) …

 

 

 


 

PROPOSED AMENDMENT OF SECTIONS 52.21 AND 80-3.7 AND ADDITION OF SUBPART 57-3 AND SECTION 80-1.12 TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 208, 212, 305, 3004 AND 3007 OF THE EDUCATION LAW AND CHAPTER 143 OF THE LAWS OF 2006 RELATING TO REQUIREMENTS FOR COURSE WORK OR TRAINING IN THE NEEDS OF STUDENTS WITH AUTISM

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

              The purpose of the proposed amendment is to implement the requirements of Education Law 3004(4) and (5), as added by Chapter 143 of the Laws of 2006, to require teachers seeking certification in special education to have course work or training in the needs of students with autism.  The proposed amendment also establishes standards for Education Department approval of providers of course work or training in autism. 

              The recommended action is proposed as an emergency measure because such action is necessary to preserve the general welfare in order to establish necessary regulatory standards to implement the requirements of Chapter 143 of the Laws of 2006.  The State Education Department has estimated that it will take approximately one year for persons or organizations seeking approval as a provider to offer course work or training in the needs of students with autism to obtain the necessary faculty and educational specialists to offer such training, to apply to the State Education Department and for the Department to approve certain providers.  Therefore, an emergency action is necessary to ensure that the standards for Department approval of such providers are in place on July 11, 2008, so that the Department will have a sufficient amount of providers to offer the required course work or training by September 2, 2009.