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 Amendment to the Regulations of the Commissioner of Education Relating to the Title of the Executive Director of the Office of Teaching Initiatives and the Extension in Gifted Education of a Teaching Certificate

DATE OF SUBMISSION:

July 30, 2004

PROPOSED HANDLING:

Discussion

RATIONALE FOR ITEM:

To Implement Policy

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 

 

 

SUMMARY:

 

          Attached for discussion is a proposed amendment to sections 80-3.6, 80-4.1, 80-4.3, 83.1, 83.3, 83.5, 87.5, and 87.6 of the Regulations of the Commissioner of Education, relating to the title of the Executive Director of the Office of Teaching Initiatives and the extension in gifted education of a teaching certificate.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

The purpose of the proposed amendment is to update the title of the head of the State Education Department's Office of Teaching Initiatives in various provisions of the Regulations of the Commissioner of Education and delay the effective date of the requirement for a gifted education extension of a teaching certificate.

 

The proposed amendment is needed to conform the Regulations of the Commissioner of Education to changes made in the organization of the Office of Higher Education.  Specifically, the former title of Executive Coordinator of the Office of Teaching has been changed to Executive Director of the Office of Teaching Initiatives.    The amendment updates references to this title in regulations concerning professional development for teachers holding a professional certificate, teacher moral character proceedings, and proceedings for the denial of clearance for employment or certification based upon a criminal history check.

  

         The amendment is also needed to delay until September 1, 2005 the requirement that a teacher must hold a gifted education extension of a teaching certificate, or have obtained from the Department a statement of continued eligibility based upon employment in this field, in order to provide education for gifted pupils in State funded gifted and talented programs.  At the present time, there are insufficient options available for candidates to take the course work they need to have completed for this extension.  The delay in the effective date will permit colleges time to develop and offer the course work and candidates additional opportunities to complete it. 

 

A Notice of Proposed Rule Making will be published in the State Register on August 18, 2004.  It is recommended that formal action on the proposal be taken at the November 2004 meeting of the Board of Regents.

 

 

 

Attachment


AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

          Pursuant to sections 207, 305, 3001, 3004, 3004-c, 3006, 3009, 3010, and 3035 of the Education Law.

          1.  Paragraph (2) of subdivision (c) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

(2) A certificate holder may request from the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives an adjustment to the professional development requirement at any time during the professional development period, except that the certificate holder shall be required to comply with the timeframes prescribed in the due process requirements of subdivision (h) of this section, if the request is made after an initial notification, as prescribed in such subdivision, that the department's records show that the professional development requirements have not been met.

2.  Paragraph (2) of subdivision (g) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (2) Each certificate holder required to complete the professional development requirement pursuant to this section shall report to the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives his or her current mailing address.  Each such certificate holder shall report to the executive [coordinator] director a change of his or her mailing address within 30 days of such change.  Failure to provide the executive [coordinator] director with a valid current mailing address may result in the suspension of the validity of the teaching certificate or certificates for which professional development is required, as prescribed in subparagraph (h)(2)(ii) of this section.

          3.  Subparagraph (ii) of paragraph (2) of subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (ii) If the initial notification, prescribed in subparagraph (i) of this paragraph, is returned to the department as undeliverable because the mailing address provided by the certificate holder to the [executive coordinator or the office of teaching] executive director of the Office of Teaching Initiatives is not current or valid, the department shall make a reasonable search of its records for a current or valid address at which the certificate holder may be reached, which may include but is not limited to a business address.  If such an address is found, the initial notification shall be sent again to the certificate holder by first class mail.  If such an address is not found after a reasonable search, or if the initial notification is again returned as undeliverable, the commissioner shall execute an order suspending the validity of the certificate(s) for which professional development is required, which shall be served upon the certificate holder by certified mail, return receipt requested, at the most current mailing address provided by the certificate holder to the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives.  

          4.  Subparagraph (iv) of paragraph (2) of subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

(iv) If the certificate holder defaults on responding to the initial notification; or fails to demonstrate that he or she has met the requirement or that an adjustment is warranted to meet the requirement, the department shall notify the certificate holder by first class mail that the validity of his or her certificate(s) for which the professional development requirement has not been met shall be suspended for failure to meet such requirement, unless the certificate holder submits a written request for a hearing to the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives within 30 days of the date of the mailing of such notification letter.  Such notification shall state the basis for the determination that the professional development requirement has not been met.  Where the certificate holder has requested an adjustment and it has been denied, such notification shall also state that the adjustment has been denied and the basis for such denial.

 5.  Subparagraph (ii) of paragraph (3) of subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

(ii) The [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives shall schedule the hearing, which shall take place within 30 days of receipt of such request.  At least 15 days before the hearing, the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives shall notify the certificate holder by first class mail of the time and place of said hearing.

6.  Subparagraph (vi) of paragraph (3) of subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

(vi) No later than 15 days after the conclusion of the hearing, the panel of the professional practices subcommittee of the State Professional Standards and Practices Board for Teaching shall send by first class mail to the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives and the certificate holder, a report of its findings and recommendations, together with a copy of the record of the hearing testimony.  Such panel shall either recommend that the validity of the certificate holder's certificate(s) shall be continued because the certificate holder has met the professional development requirement; or that the validity of the certificate holder's certificate(s) shall be continued because the certificate holder has met or will meet an adjusted requirement, which may include but is not limited to, permitting additional time to meet the requirement and/or adjusting the number of clock hours; or that the validity of a certificate holder's certificate(s) shall be suspended because the certificate holder has not met the professional development requirement.  The findings and recommendations of such panel shall be based solely upon the record and shall set forth the factual basis therefor.

7.  Paragraph (4) of subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

(4) If no appeal is commenced by the certificate holder or the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives within 30 days of the date of the mailing of the notification to the certificate holder of the findings and recommendations of the panel of the professional standards subcommittee of the State Professional Standards and Practices Board for Teaching, as prescribed in paragraph (5) of this subdivision, the commissioner shall adopt the recommendations and findings of such panel.  In the case of a suspension of the validity of a certificate(s), the commissioner shall issue an order to that effect, which shall be served upon the certificate holder by certified mail, return receipt requested, and for certificate holders employed by an applicable school in New York, the department shall notify such school that the validity of the individual's certificate(s) has been suspended until the professional development requirements of this section are met.

8.  Subparagraph (i) of paragraph (5) of subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

(i) Within 30 days of the date of the mailing of the notification to the certificate holder of the findings and recommendations of the panel of the professional standards subcommittee of the State Professional Standards and Practices Board for Teaching, the certificate holder may commence an appeal to the commissioner pursuant to clause (a) of this subparagraph or the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives may commence an appeal to the commissioner pursuant to clause (b ) of this subparagraph. Upon appeal by the certificate holder or the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives, the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives shall transmit to the commissioner a copy of the complete record of the hearing before the panel of the professional practices subcommittee of the State Professional Standards and Practices Board [For] for Teaching.

(a) Appeal by certificate holder. The certificate holder may commence an appeal of the findings and recommendations of the panel of the professional practices subcommittee of the State Professional Standards and Practices Board for Teaching by filing the original appeal papers with the commissioner, with proof of service by first class mail upon the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives. The [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives may file a written response with the commissioner within 30 days of the mailing of such appeal papers, with proof of service by first class mail on the certificate holder or the attorney of record of such certified individual.

(b) Appeal by the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives. The [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives may commence an appeal of the findings and recommendations of the panel of the professional practices subcommittee of the State Professional Standards and Practices Board for Teaching to the commissioner by filing the original appeal papers with the commissioner, with proof of service by first class mail upon the certificate holder. The certificate holder may file a written response with the commissioner within 30 days of the mailing of such appeal papers, with proof of service by first class mail on the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives.

(c) In the event that both the certificate holder and the [executive coordinator of the office of teaching] executive director of the Office of Teaching Initiatives commence an appeal to the commissioner within the time period prescribed in this subparagraph, such appeals shall be automatically consolidated and each party shall be permitted to file a written response with the commissioner within 30 days of the mailing of the other party's appeal papers, with proof of service by first class mail upon the other party.

9.  Subdivision (a) of section 80-4.1 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

 (a) Application of this Subpart [and definitions].

(1) Candidates who apply for extensions or annotations of teachers' certificates on or after February 2, 2004 shall meet the requirements of this Subpart, unless otherwise provided in this Subpart.  Candidates who apply for extensions or annotations of teachers' certificates on or before February 1, 2004, and qualify for such extensions or annotations effective on or before February 1, 2004, shall meet the requirements of Subpart 80-2 of this Part, and candidates who do not meet this condition shall be subject to the requirements of this Subpart, unless otherwise provided in this Subpart.

         (2) On or after September 1, 2005, the extension in gifted education shall be required to authorize a candidate to provide education for gifted pupils, as such term is defined in section 4452 of the Education Law, within a gifted and talented program which is funded pursuant to the Education Law and in accordance with Part 142 of this Title.

10. Subdivision (d) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (d) Requirements for the extension for gifted education. 

         (1) [This] Effective September 1, 2005, this extension shall authorize the candidate to provide education for gifted pupils, as such term is defined in section 4452 of the Education Law, within a gifted and talented program which is funded pursuant to the Education Law and in accordance with Part 142 of this Title.

(2) . . .

          (3) Statement of continued eligibility.  (i) A person employed in a position in New York State as a teacher within a gifted and talented program which is funded pursuant to the Education Law and in accordance with Part 142 of this Title for three [of the five years immediately preceding February 2, 2004] years in the period between September 1, 1998 and August 31, 2005 may be issued a statement of continued eligibility pursuant to which such person may continue to teach in such a program 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, as prescribed in subparagraph (i) of this paragraph, but shall be valid for service in any school district.

          (iii) . . .

          11. Subdivision (c) of section 83.1 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (c) Information in the possession of any person indicating that an applicant for a teaching certificate has been convicted of a crime, or has committed an act which raises a reasonable question as to the individualís moral character, may be referred to the [executive coordinator for the teaching professions] executive director of the Office of Teaching Initiatives of the State Education Department.  Information in the possession of any person indicating that an individual holding a teaching certificate has been convicted of a crime, or has committed an act which raises a reasonable question as to the individualís moral character, may be referred to the professional conduct officer of the department.

          12.  Section 83.3 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

83.3 Review by board.

          If upon review of the report of the professional conduct officer, such board or subcommittee concludes that a certified individualís moral character is adequate to permit continued certification as a teacher, or that an applicantís moral character is adequate to permit certification as a teacher, a report to this effect shall be forwarded by the board or subcommittee to the [executive coordinator of the teaching professions] executive director of the Office of Teaching Initiatives.  If upon such review, the board or subcommittee concludes that a substantial question exists as to the moral character of a certified individual or an applicant, notice of the basis for this conclusion and a copy of this Part shall be sent by certified mail, return receipt requested, to the certified individual or applicant.

13.  Subdivision (a) of section 83.5 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

(a) Appeal by certified individual or applicant. The certified individual or applicant may commence an appeal of the findings and recommendations of the hearing officer by filing the original appeal papers with the commissioner, with proof of service by regular mail upon the [executive coordinator for the teaching professions] executive director of the Office of Teaching Initiatives.  The [executive coordinator for the teaching professions] executive director of the Office of Teaching Initiatives may file a written response with the commissioner within 30 days of being served with such appeal papers, with proof of service by regular mail on the certified individual or applicant or the attorney of record of such certified individual or applicant.

14.  Paragraph (2) of subdivision (b) of section 83.5 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (2) Such review shall be commenced by service of a notice of intent to review on the certified individual or applicant or the attorney of record of the certified individual or applicant, by certified mail, return receipt requested.  The certified individual or applicant may file a written response with the commissioner within 30 days of being served with such notice, with proof of service by regular mail on the [executive coordinator for the teaching professions] executive director of the Office of Teaching Initiatives.  The [executive coordinator for the teaching professions] executive director of the Office of Teaching Initiatives may file a written response with the commissioner within 30 days of service of such notice, with proof of service by regular mail on the certified individual or applicant.  In the event the certified individual or applicant files an appeal on or after the date the commissioner initiates review under this subdivision, the appeal shall be automatically consolidated with the review proceeding and the appeal papers shall constitute the written response of the certified individual or applicant under this subdivision.

          15. Subparagraph (vii) of paragraph (4) of subdivision (a) of section 87.5 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (vii) Where the prospective school employee does not submit a response within the timeframe prescribed in subparagraph (vi) of this paragraph, the department shall make a determination denying clearance for employment and notification of such denial, along with the basis for such determination, shall be transmitted to the prospective school employee by certified mail, return receipt requested.  In the case of a prospective school employee requesting conditional clearance for employment, such determination shall also deny the conditional clearance for employment.  In the case of a prospective school employee who has already been granted conditional clearance for employment, such determination shall also terminate the conditional clearance for employment.  Such notification shall state that the prospective school employee may appeal the determination to the [executive coordinator of the Office of Teaching] executive director of the Office of Teaching Initiatives of the State Education Department at the address specified in the notification, in accordance with paragraph (5) of this subdivision, and shall include instructions for such an appeal.  Notification of the denial of clearance for employment and denial or termination of conditional clearance for employment shall also be given to the covered school.

          16. Subparagraph (viii) of paragraph (4) of subdivision (a) of section 87.5 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (viii) Where the prospective school employee submits a response within the timeframe prescribed in subparagraph (vi) of this paragraph, the department shall, upon review of the prospective school employeeís criminal history record, related information obtained by the department pursuant to the review of such criminal history record, and information and written argument provided by the prospective school employee in his or her response, make a determination on whether clearance for employment shall be granted or denied.  In such review, the department shall apply the standards for the granting or denial of a license or employment application set forth in Correction Law, section 752 and shall consider the factors specified in Correction Law, section 753.  Such review shall be conducted in accordance with the requirements of section 296(16) of the Executive Law.  Where the departmentís determination is that clearance for employment is denied, the decision shall include the basis for such determination, and shall state that the prospective employee may appeal the departmentís determination to the [executive coordinator of the Office of Teaching] executive director of the Office of Teaching Initiatives of the State Education Department at the address specified in the determination, in accordance with paragraph (5) of this subdivision, and shall include instructions for such an appeal.  A copy of the determination that clearance for employment is denied, or notice that such clearance is granted, as the case may be, shall be transmitted to the prospective school employee.  Where clearance for employment is denied, such determination shall be sent to the prospective school employee by certified mail, return receipt requested.  Where clearance for employment is granted, such determination shall be sent to the prospective school employee by regular first class mail.  Where clearance for employment is denied and the prospective school employee also requested conditional clearance for employment, such determination shall also deny the conditional clearance for employment.  Where clearance for employment is denied and the prospective school employee has already been granted conditional clearance for employment, such determination shall also terminate the conditional clearance for employment.  In addition, the covered school shall be notified of the denial or granting of clearance.

          17.  Paragraph (5) of subdivision (a) of section 87.5 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (5) Appeal of departmentís determination.

          (i) A prospective school employee who was denied clearance for employment by a determination of the department pursuant to paragraph (4) of this subdivision, may appeal that determination to the [executive coordinator of the Office of Teaching] executive director of the Office of Teaching Initiatives of the State Education Department, provided that such appeal is mailed by regular first class mail or certified mail or is hand delivered to the address specified in the departmentís determination within 25 calendar days of the mailing of such determination denying clearance.  Such appeal shall be heard by the [executive coordinator of the Office of Teaching of the State Education Department] executive director of the Office of Teaching Initiatives or a State review officer designated by the executive [coordinator] director who did not participate in the departmentís determination.

          (ii) . . .

          (iii) Such appeal papers, submitted within the [timeframe] timeframes prescribed in subparagraphs (i) or (ii) of this paragraph, may include any affidavits or other relevant written information and written argument which the prospective school employee wishes the executive [coordinator] director, or a State review officer designated by the executive [coordinator] director, to consider in support of the position that clearance for employment should be granted, including, where applicable, information in regard to his or her good conduct and rehabilitation.  The prospective school employee may request oral argument and must do so in the appeal papers submitted within the timeframes prescribed in subparagraphs (i) or (ii) of this paragraph.  Such oral argument shall be conducted in accordance with the requirements of subparagraph (iv) of this paragraph.

          (iv) A prospective school employee may request oral argument as part of the appeal of the departmentís determination denying clearance for employment.  The department shall notify the prospective school employee of the time and location of such oral argument.  Such argument shall be heard before the executive [coordinator] director, or a State review officer designated by the executive [coordinator] director.  At the oral argument, the prospective school employee may present additional affidavits or other relevant written information and written argument which the prospective school employee wishes the executive [coordinator] director, or the State review officer designated by the executive [coordinator] director, to consider in support of the position that clearance for employment should be granted, including, where applicable, written information in regard to his or her good conduct and rehabilitation.  No testimony shall be taken at the oral argument and no transcript of oral argument shall be made.  The prospective school employee may make an audio tape recording of the oral argument.  However, such audio tape recording or transcript thereof shall not be part of the record upon which the executive [coordinator] director or a State review officer designated by the executive [coordinator] director makes the determination on whether clearance for employment shall be granted or denied.

          (v) Where a timely request for an appeal is received, upon review of the prospective school employeeís criminal history record, related written information obtained by the department pursuant to the review of such criminal history record, written information and written argument submitted by the prospective school employee in this appeal within the timeframes prescribed in subparagraphs (i) or (ii) of this paragraph, and written information provided at oral argument if requested by the prospective school employee, the [executive coordinator of the Office of Teaching of the State Education Department] executive director of the Office of Teaching Initiatives, or a State review officer designated by the executive [coordinator] director who did not participate in the departmentís determination, shall make a determination of whether clearance for employment shall be granted or denied.  In such appeal, the executive [coordinator] director or his or her designee shall apply the standards for the granting or denial of a license or employment application set forth in Correction Law, section 752 and shall consider the factors specified in Correction Law, section 753.  Such appeal shall be conducted in accordance with the requirements of section 296(16) of the Executive Law.  Where the determination of the executive [coordinator] director, or his or her designee, is that clearance for employment is denied, his or her decision shall include the findings of facts and conclusions of law upon which the determination is based.  A copy of the determination that clearance for employment is denied, or notice that such clearance is granted, as the case may be, shall be transmitted to the prospective school employee by regular first class mail.  In addition, the covered school shall be notified of the denial or granting of clearance.

18. Subdivision (b) of section 87.5 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (b) Procedures for clearance for certification.  Where the criminal history record reveals conviction of a crime, or an arrest for a crime, the department shall transmit the criminal history record and related information to the departmentís [executive coordinator of the Office of Teaching] executive director of the Office of Teaching Initiatives for a determination of good moral character pursuant to Part 83 of this Title, which procedure shall determine the clearance for certification.

          19. Paragraph (b) of section 87.6 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:

          (b) For applicants for or holders of certification pursuant to Part 80 of this Title, for whom subsequent criminal history notifications reveal an arrest for a crime, the department shall transmit such information to the departmentís [executive coordinator of the Office of Teaching] executive director of the Office of Teaching Initiatives for a determination of good moral character pursuant to Part 83 of this Title.