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Meeting of the Board of Regents | July 2008

Wednesday, July 9, 2008 - 11:20pm

sed seal                                                                                                 






Higher Education Committee


Johanna Duncan-Poitier





Proposed Amendment to the Regulations of the Commissioner of Education Relating to Certification in the Classroom Teaching Service Through Individual Evaluation




July 9, 2008


Goal 3









Issue for Decision (Consent Agenda)


Should the Board of Regents amend Section 80-3.7 of the Regulations of the Commissioner of Education relating to certification in the classroom teaching service through individual evaluation?


Reason(s) for Consideration

              Review of Policy.


Procedural History


A conceptual discussion of the proposed rule was presented at the February 2008 Regents Meeting.  A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on May 14, 2008. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents. 






Background Information


              In 2003, the Board of Regents established requirements for teacher certification though the individual evaluation of candidates who have not completed registered teacher education programs.   Under the individual evaluation pathway, candidates are required to submit evidence of course work and field experience to the State Education Department for evaluation and issuance of the certificate.            


              The provision regarding individual evaluation included a sunset date of February 1, 2007 for certificates in childhood education and February 1, 2009 for all other certificates in the classroom teaching service.  The purpose in establishing these sunset dates was to allow the Department time to assess the continued need for the individual evaluation pathway, based on how many candidates use this pathway to become certified, particularly in subject areas where there are teacher shortages. 


              The individual evaluation pathway ended for candidates seeking certificates in childhood education in February 2007 because there was no evidence of continuing shortages in this subject area.  In the 2006-2007 school year, almost half of the new teachers certified through the college recommended pathway were childhood education teachers (7,848).


              However, with respect to all other classroom teaching subject areas, there is evidence of a persistent teacher shortage and, therefore, there is a continued need for the individual evaluation pathway for candidates applying for certificates in these titles. Available data from 2006-2007 show that individual evaluation continues to be an important source of new teachers.  Excluding childhood education certificates, the Department issued a total of 9,501 initial certificates to new teachers, 8,449 (89 percent) by college recommendation and 1,052 (11 percent) by individual evaluation.  All subject areas except speech had at least five percent of certificates issued to new teachers from the individual evaluation pathway.  The individual evaluation pathway accounted for 20 percent or more of initial certificates issued to new teachers in languages other than English and students with disabilities.


At the February Regents meeting, the Regents discussed the approaching February 1, 2009 sunset date for individual evaluation for classroom teaching titles other than childhood education.  In light of the approaching sunset and its likely negative effect on teacher supply, Department staff outlined options for addressing the teacher shortages that persist throughout the State.


The Regents decided to extend the availability of the individual evaluation pathway.  The proposed amendment extends the expiration date for applicants seeking certification through the individual evaluation pathway in all classroom titles except childhood education from February 1, 2009 to February 1, 2012, thus extending the time that the individual evaluation pathway remains available for these applicants.  The proposed amendment is critical to facilitate the Department’s continuing ability to certify a sufficient number of properly qualified candidates to fill vacant teaching positions in the State’s public schools and allows the Board of Regents and the Department to monitor and assess teacher supply and demand data for three additional years, from 2009 to 2012.


In addition, the Regents requested that the Department develop a proposal to enhance the individual evaluation pathway.  We will bring recommendations to you in the fall of 2008.




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


VOTED: That section 80-3.7 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 21, 2008.


Timetable for Implementation


              The proposed amendment will become effective on August 21, 2008.

































              Pursuant to sections 207, 305, 3004, and 3006 of the Education Law.

              Section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective August 21, 2008, 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 be available for 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, 2012 [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.

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