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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 Technical Changes in Requirements for the 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 80-1.2, 80-2.12, 80-2.13, 80-3.1, 80-3.5, 80-4.3, 80-5.6, and 80-5.13 of the Regulations of the Commissioner of Education relating to technical changes in requirements for 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 correct omissions in the new requirements for the certification of teachers in the classroom teaching service that became effective on February 2, 2004. The proposed amendments will specifically:

1. Clarify the applicability of the new certification requirements for the classroom teaching service, providing that the new certification requirements will apply to candidates who apply for certification on or after February 2, 2004, unless an exception is otherwise specifically set forth in the regulations.

2. Update the name of the examination for teaching assistants, the “Assessment of Teaching Assistant Skills."

3. Specify the correct name for the examination required for the extension in bilingual education, the "bilingual extension assessment."

4. Clarify the current language in the general science extension provisions to indicate that study is required in “at least” two additional sciences, rather than in just two additional sciences.

5. Remove unnecessary language relating to the Transitional A certificate, which required matriculation in a registered teacher education program.

6. Remove unnecessary language from the career awareness extension requirements, which required a career and technical base certificate.

7. Provide that candidates in the alternative certification programs who applied and qualified for a transitional B certificate on or before 2/1/04 would be eligible to obtain a provisional certificate, upon meeting the requirements for the provisional certificate. Those applying and qualifying for the transitional B certificate after 2/1/04 would have to apply for the initial certificate and meet the new requirements.

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 and correct omissions in the new certification requirements affecting classroom teachers to ensure that there are no interruptions in the ongoing certification process and that the public schools of the State are adequately staffed. 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 subdivision (c) of section 80-1.2, subdivision (d) of section 80-1.2, subdivision (f) of section 80-2.12, subdivision (e) of section 80-2.13, subdivision (a) of section 80-3.1, paragraph (2) of subdivision (a) of section 80-3.5, subparagraph (ii) of paragraph (2) of subdivision (a) of section 80-4.3, subparagraph (iii) of paragraph (3) of subdivision (d) of section 80-4.3, paragraph (2) of subdivision (e) of section 80-4.3, subparagraph (iii) of paragraph (2) of subdivision (h) of section 80-4.3, paragraph (2) of subdivision (j) of section 80-4.3, item (ii) of subclause (1) of clause (a) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6, item (ii) of subclause (1) of clause (b) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6, item (ii) of subclause (1) of clause (c) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6, item (ii) of subclause (1) of clause (d) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6, and paragraph (2) of subdivision (b) of section 80-5.13 of the Regulations of the Commissioner of Education are amended, 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 and correct omissions in the new certification requirements affecting classroom teachers to ensure that there are no interruptions in the ongoing certification process and that the public schools of the State are adequately staffed.

Attachments

PROPOSED AMENDMENT TO SECTIONS 80-1.2, 80-2.12, 80-2.13, 80-3.1, 80-3.5, 80-4.3, 80-5.6, AND 80-5.13 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 TECHNICAL CHANGES IN REQUIREMENTS FOR 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 correct omissions in the new requirements for the certification of teachers in the classroom teaching service that became effective on February 2, 2004. Specifically, the amendment will clarify the applicability of the new requirements, update the names of examinations necessary for certification as teaching assistants and for the extension in bilingual education, remove unnecessary requirements relating to the transitional A certificate and the career and awareness extension, clarify requirements for the general science extension, and provide the route to continued certification for candidates in alternative certification programs.

Extensive new requirements for certification in the classroom teaching service went into effect on February 2, 2004. The proposed changes are needed immediately to make necessary adjustments in the new requirements and permit the certification of classroom teachers to proceed without delay. 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 and correct omissions in the new certification requirements affecting classroom teachers to ensure that there are no interruptions in the ongoing certification process and that the public schools of the State are adequately staffed.

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. Subdivision (c) of section 80-1.2 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(c) The commissioner shall not issue provisional certificates valid for the classroom teaching service with an effective date that begins after February 1, 2004, [except that the] unless otherwise specifically prescribed in this Part. The commissioner may extend the effective date of a provisional certificate after February 1, 2004, pursuant to the requirements of section 80-1.6 of this Subpart.

2. Subdivision (d) of section 80-1.2 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(d) The commissioner shall issue initial and professional teachers' certificates valid for the classroom teaching service beginning with an effective date of September 1, 2004, except that the commissioner may continue to issue provisional and permanent teachers' certificates valid for classroom teaching service as specifically prescribed in this Part.

3. Subdivision (f) of section 80-2.12 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(f) This section shall apply to individuals applying for a provisional certificate on or after September 2, 1993, [and who apply prior to February 2, 2004] and upon such application qualify for such provisional certificate, provided that the requirements of this Subpart apply to such candidates.

4. Subdivision (e) of section 80-2.13 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(e) This section shall apply to individuals qualifying for a provisional certificate on or after September 2, 1993, [and who apply prior to February 2, 2004] and upon such application qualify for such provisional certificate, provided that the requirements of this Subpart apply to such candidates.

5. Subdivision (a) of section 80-3.1 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 on or after February 2, 2004 for teachers' certificates valid for classroom teaching 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) Candidates who apply for permanent teachers' certificates in the classroom teaching service shall be subject to the requirements of Subpart 80-2 of this Part, 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) . . .

6. Paragraph (2) of subdivision (a) of section 80-3.5 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(2) Limitations. The transitional A certificate shall authorize a candidate to teach only in a school district for which a commitment for employment has been made. [In addition, it shall only be valid as long as the candidate is matriculated in good standing in a teacher education program leading to the professional certificate, unless the candidate has completed such program.]

7. Subparagraph (ii) of paragraph (2) of subdivision (a) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004 as follows:

(ii) The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination [language proficiency test in English and the target language] bilingual extension assessment.

8. Subparagraph (iii) of paragraph (3) of subdivision (d) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(iii) Applications for the statement of continued eligibility must be filed with the department [on or before February 1, 2004].

9. Paragraph (2) of subdivision (e) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

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

[(i) The candidate shall hold a valid provisional, permanent, initial or professional certificate in classroom teaching services authorizing instruction in career and technical education.]

[(ii)] (i) . . .

[(iii)] (ii) . . .

10. Subparagraph (iii) of paragraph (2) of subdivision (h) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(iii) Applications for the statement of continued eligibility must be filed with the department [on or before February 1, 2004].

11. Paragraph (2) of subdivision (j) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective March 30, 2004, as follows:

(2) The candidate shall satisfactorily complete 18 semester hours in at least two additional sciences.

12. Item (ii) of subclause (1) of clause (a) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6 is amended, effective March 30, 2004, as follows:

(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State [Teacher Certification Examination Test of Communication and Quantitative Skills] assessment of teaching assistant skills.

13. Item (ii) of subclause (1) of clause (b) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6 is amended, effective March 30, 2004, as follows:

14. Item (ii) of subclause (1) of clause (c) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6 is amended, effective March 30, 2004, as follows:

15. Item (ii) of subclause (1) of clause (d) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6 is amended, effective March 30, 2004, as follows:

16. Paragraph (2) of subdivision (b) of section 80-5.13 is amended, effective March 30, 2004, as follows:

(2) [A provisional certificate shall be issued for candidates who apply for the provisional teacher’s certificate valid for classroom service on or before February 1, 2004, and who upon such application qualify for such provisional certificate effective on or before February 1, 2004.] Candidates who apply and qualify for a transitional B certificate on or before February 1, 2004 shall be issued a provisional certificate, upon meeting the requirements for the provisional certificate. Candidates who apply and qualify for a transitional B certificate after February 1, 2004 shall be issued an initial certificate, upon meeting the requirements for the initial certificate.

The Honorable the Members of the Board of Regents