1. Clause (c) of subparagraph (iii) of paragraph (4) of subdivision (a) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective July 1, 2015, to read as follows:

(c) [The] (1) Except as otherwise provided in this clause, the candidate shall be matriculated in a registered program leading to a bilingual extension of a certificate as a teacher in the classroom teaching service, as prescribed in section 52.21(b)(4) of the Title, provided that such program must require the candidate to pass an assessment of proficiency in the language of the bilingual education extension sought as a condition for entry into the program.

(2) Candidates seeking a bilingual extension of a certificate as a teacher in the classroom teaching service during the time period of July 1, 2015 through June 30, 2018, may: (i) submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination bilingual extension assessment, or (ii) submit evidence of having at least two years of satisfactory bilingual teaching experience, in lieu of being matriculated in a registered program leading to a bilingual extension of a certificate as a teacher in the classroom teaching service as otherwise required by this clause.

2. Subclause (1) of clause (d) of subparagraph (4) of subdivision (a) of section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective July 1, 2015, to read as follows:

(1) The candidate shall have completed three semester hours in bilingual education as prescribed in the requirements for a bilingual extension, set forth in this section, including study in theories of bilingual education and multicultural perspectives, provided however, that on and after July 1, 2015 until June 30, 2018, candidates who submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination bilingual extension assessment, as provided for in clause (c) of this subparagraph, may meet this coursework requirement by submitting evidence of being enrolled in a course satisfactorily meeting the requirements of this subclause, and further provided that the coursework requirement shall not be applicable to candidates who have submitted evidence of having at least two years of satisfactory bilingual teaching experience and having achieved a satisfactory level of performance on the New York State Teacher Certification Examination bilingual extension assessment, as provided for in clause (c) of this subparagraph.

3. Clause (f) of subparagraph (ii) of paragraph (4) of subdivision (c) of section 80-5.18 of the Regulations of the Commissioner of Education is amended, effective July 1, 2015, to read as follows:

(f) [For] (1) For candidates seeking a certificate for teaching English to speakers of other languages on and after July 1, 2015 until June 30, 2018, the candidate may meet the requirements of this clause by either:

(i) completing, or being enrolled in, a course leading to three semester hours in methods of second language teaching in the elementary and secondary grades; or

(ii) by submitting evidence of at least two years of satisfactory experience teaching English to speakers of other languages

(2) On or after July 1, 2018, candidates seeking a certificate for teaching English to speakers of other languages, the candidate shall have completed six semester hours of coursework in methods of second language teaching in the elementary and secondary grades and six semester hours in teaching literacy skills, as prescribed in the pedagogical core for the initial certificate in this certificate title, set forth in section 80-3.7 of this part.

STATUTORY AUTHORITY:

Education Law section 207 empowers the Board of Regents and the Commissioner of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.

Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents.

Education Law section 3001(2) establishes certification by the State Education Department as a qualification to teach in the State's public schools.

Education Law section 3004(1) authorizes the Commissioner to prescribe, subject to the approval of the Regents, regulations governing the examination and certification of teachers employed in the State's public schools.

Education Law section 3006(1)(b) provides that the Commissioner may issue any certificates that the Regents prescribe.

Education Law section 3009(1) provides that no part of the school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher, nor shall his salary or part thereof, be collected by a district tax except as provided in the Education Law.

LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority in that it will provide additional pathways to obtain the supplementary bilingual education extension and the English to Speakers of Other Languages (ESOL) supplementary certificate for a limited period and thereby ensure that there are sufficient numbers of certified ESOL teachers and certified content area teachers with bilingual education extensions to meet the educational needs of students who are English Language Learners pursuant to Commissioner’s Regulations Part 154.

NEEDS AND BENEFITS:

Over the past 10 years, New York State ELL student enrollment has increased by 20 percent. According to the U.S. Department of Education, ELL student enrollment has increased by 18 percent nationally. Currently in the State, over 230,000 ELLs make up 8.9 percent of the total public student population. Students in the State speak over 140 languages, with 61.5 percent of ELL students having Spanish as their home language. In addition, 41.2 percent of ELL students were born outside of the United States.

In the landmark 1974 decision, Lau v. Nichols, the United States Supreme Court established the right of ELL students to have “a meaningful opportunity to participate in the educational program.” That same year, an agreement between the New York City Board of Education and ASPIRA of New York (called the ASPIRA Consent Decree) assured that ELL students would be provided bilingual education. As such, ELL students must be provided with equal access to all school programs and services offered to non-ELL students, including access to programs required for graduation. Education Law § 3204 and Commissioner’s Regulations Part 154 contain standards for educational services provided to ELL students in the State.

At its September 2014 meeting, the Board of Regents adopted a number of changes to Commissioner’s Regulations Part 154, including the addition of a Section 154-2 which establishes standards for English language learner (“ELL”) programs beginning with the 2015-2016 school year in school districts and BOCES to assure that such students are provided opportunities to achieve the same educational goals and standards that have been established by the Board of Regents for all students. In order to meet the requirements of this regulation, some districts and BOCES may need to hire additional certified ESOL teachers and certified content area teachers with bilingual education extensions.

School districts have expressed concern that they will not be able find teachers that hold ESOL certification or teachers with Bilingual Education Extensions due to a shortage in these certificate titles.

Teachers with ESOL certification are certified to teach English to students who speak languages other than English as their first language. Teachers who have a supplemental bilingual education extension are teachers certified in a specific content area who have separately demonstrated an ability to speak, read and write in a particular foreign language sufficient to teach that specific content area to English language learners.

Commissioner’s Regulations section 80-4.3 currently allows certified teachers in the classroom teaching service to obtain a supplementary bilingual education extension to authorize such teachers to teach bilingual ELL students where there is a demonstrated shortage while the teacher is matriculated in a program at an institution of higher education leading to an extension in bilingual education. The supplementary bilingual education extension currently requires demonstrated Languages Other Than English (LOTE) proficiency and three semester hours of coursework in bilingual education, including study in theories of bilingual education and multicultural perspectives.

Commissioner’s Regulations section 80-5.18 currently allows a certified teacher in the classroom teaching service to obtain a supplementary certificate in English as a Second Language to allow these teachers to teach English to speakers of other languages while meeting the requirements for the Initial or Professional ESOL certificate. Currently, a supplementary certificate in ESOL requires six semester hours of content in the area of the certificate title and six hours in literacy. The supplementary certificate is valid for three years as long as the teacher holds a valid permanent, initial or professional certificate.

Both the supplementary bilingual education extension and the supplementary ESOL certificate require a certification signed by the superintendent, attesting to the fact that there is a demonstrated shortage of such certified teachers. In addition, the school district or BOCES will provide appropriate support to the candidate to ensure the maintenance of quality instruction for students, and the district will require the teacher to be enrolled in study at an institution of higher education leading to the Initial of Professional certificate.

The Department is recommending changes, to be effective for a three year period, from July 1, 2015 until June 30, 2018, to the supplementary bilingual education extension and the ESOL supplementary certificate to allow more teachers to be eligible for these certificates. This will assist school districts and BOCES in finding certified ESOL teachers and bilingual teachers to instruct these students.

With respect to the supplementary bilingual education extension, the proposed amendment presents two additional pathways in lieu of matriculation in a registered program to the Board for its consideration.

Pathway I allows a candidate who has completed, or is currently enrolled in, a course leading to three semester hours in bilingual education, including study in theories of bilingual education and multicultural perspectives, to submit evidence of having achieved a satisfactory level of performance on a bilingual extension assessment in lieu of the current requirement to be matriculated in a registered preparation program.

Pathway II allows a candidate to submit evidence of having two years of satisfactory bilingual teaching experience and evidence of a satisfactory level of performance on the bilingual extension assessment in lieu of the current requirement to be matriculated in a registered preparation program.

With respect to the ESOL supplementary certificate, the proposed amendment presents two additional pathways.

Pathway I allows a candidate who has achieved a satisfactory level of performance on the ESOL CST, and who has completed, or is currently enrolled in, a course leading to three semester hours in methods of second language teaching in the elementary and secondary grades to be eligible for the ESOL supplementary certificate. The candidate would have three years to complete the balance of the currently required coursework, which includes three additional semester hours in methods of second language teaching in the elementary and secondary grades, and six semester hours of coursework in teaching literacy skills.

Pathway II allows a candidate who has achieved a satisfactory level of performance on the ESOL CST to submit evidence of having two years of satisfactory experience teaching English to speakers of other languages in lieu of the coursework requirements in methods of second language teaching in the elementary and secondary grades, and in teaching literacy skills. The candidate would have three years to complete the balance of the currently required coursework, as outlined above.

The Department is recommending that these additional pathways for the supplementary bilingual education extension and the ESOL supplementary certificate be available for a three year period, to conclude on June 30, 2018. If an extension of the time period for these changes becomes necessary, the Department will make a subsequent recommendation to the Board to extend the availability of these pathways prior to expiration of these changes.

COSTS:

(a) Costs to State government: The amendment will not impose any additional costs on State government including the State Education Department. The Department will use existing staff and resources to process applications for supplementary bilingual education extensions and the ESOL supplementary certificates.

(b) Costs to local government: The amendment will not impose any direct costs on local governments, including school districts and BOCES.

(c) Cost to private regulated parties. The proposed amendment will not impose costs on private regulated parties, over and above existing costs for a supplementary bilingual education extension and/or a supplementary certificate in ESOL.

(d) Costs to regulating agency for implementation and continued administration of this rule: As stated above in "Costs to State Government," the amendment will not impose any additional costs on the State Education Department.

LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any program, service, duty or responsibility on school districts beyond those already imposed by State law or regulation. The proposed amendment provides additional pathways for candidates to obtain the supplementary bilingual education extension and the ESOL supplementary certificate, for a three year period to conclude on June 30, 2018.

PAPERWORK:

1. With respect to the supplementary bilingual education extension:

A candidate choosing to proceed under Pathway I, who has completed or is currently enrolled in a course leading to three semester hours in bilingual education, including study in theories of bilingual education and multicultural perspectives, shall submit evidence of having achieved a satisfactory level of performance on a bilingual extension assessment in lieu of the current requirement to be matriculated in a registered preparation program.

A candidate choosing to proceed under Pathway II shall submit evidence of having two years of satisfactory bilingual teaching experience and evidence of a satisfactory level of performance on the bilingual extension assessment in lieu of the current requirement to be matriculated in a registered preparation program.

2. With respect to the ESOL supplementary certificate:

A candidate choosing to proceed under Pathway I, who has achieved a satisfactory level of performance on the ESOL CST, and who has completed, or is currently enrolled in, a course leading to three semester hours in methods of second language teaching in the elementary and secondary grades will be eligible for the ESOL supplementary certificate. The candidate would have three years to complete the balance of the currently required coursework, which includes three additional semester hours in methods of second language teaching in the elementary and secondary grades, and six semester hours of coursework in teaching literacy skills.

A candidate choosing to proceed under Pathway II, who has achieved a satisfactory level of performance on the ESOL CST, shall submit evidence of having two years of satisfactory experience teaching English to speakers of other languages in lieu of the coursework requirements in methods of second language teaching in the elementary and secondary grades, and in teaching literacy skills. The candidate would have three years to complete the balance of the currently required coursework.

DUPLICATION:

The proposed amendment does not duplicate existing State or federal requirements.

ALTERNATIVES:

No significant alternatives were considered.

FEDERAL STANDARDS:

There are no Federal standards that address the certification requirements for teaching assistants in New York.

COMPLIANCE SCHEDULE:

It is anticipated that parties will be able to achieve compliance with the rule by its effective date.

The purpose of the proposed amendment is to provide additional pathways for teacher certification candidates to obtain the supplementary bilingual education extension and the ESOL supplementary certificate, for a three year period to conclude on June 30, 2018. The proposed amendment is applicable to certain specified candidates for teacher certification and does not impose any reporting, recordkeeping or other compliance requirements on small businesses or local governments, and will not have an adverse economic impact, on small businesses. Because it is evident from the nature of the rule that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and one were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment will affect all teacher certification candidates throughout the State who are seeking either a supplementary bilingual education extension or an English to Speakers of Other Languages (ESOL) supplementary certificate, including those candidates located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The purpose of the proposed rule is to provide additional pathways for teacher certification candidates to obtain the supplementary bilingual education extension and the ESOL supplementary certificate, during a three year period to conclude on June 30, 2018, and thereby ensure that there are sufficient numbers of certified ESOL teachers and certified content area teachers with bilingual education extensions to meet the educational needs of students who are English Language Learners pursuant to Commissioner’s Regulations Part 154.

With respect to the supplementary bilingual education extension, the proposed amendment presents two additional pathways in lieu of matriculation in a registered program.

Pathway I allows a candidate who has completed, or is currently enrolled in, a course leading to three semester hours in bilingual education, including study in theories of bilingual education and multicultural perspectives, to submit evidence of having achieved a satisfactory level of performance on a bilingual extension assessment in lieu of the current requirement to be matriculated in a registered preparation program.

Pathway II allows a candidate to submit evidence of having two years of satisfactory bilingual teaching experience and evidence of a satisfactory level of performance on the bilingual extension assessment in lieu of the current requirement to be matriculated in a registered preparation program.

With respect to the ESOL supplementary certificate, the proposed amendment presents two additional pathways.

Pathway I allows a candidate who has achieved a satisfactory level of performance on the ESOL CST, and who has completed, or is currently enrolled in, a course leading to three semester hours in methods of second language teaching in the elementary and secondary grades to be eligible for the ESOL supplementary certificate. The candidate would have three years to complete the balance of the currently required coursework, which includes three additional semester hours in methods of second language teaching in the elementary and secondary grades, and six semester hours of coursework in teaching literacy skills.

Pathway II allows a candidate who has achieved a satisfactory level of performance on the ESOL CST to submit evidence of having two years of satisfactory experience teaching English to speakers of other languages in lieu of the coursework requirements in methods of second language teaching in the elementary and secondary grades, and in teaching literacy skills. The candidate would have three years to complete the balance of the currently required coursework, as outlined above.

3. COMPLIANCE COSTS:

The proposed amendment will not impose costs on private regulated parties located in rural areas, over and above existing costs for certification. The proposed amendment will not impose any additional costs on candidates above those required for a supplementary bilingual education extension and/or a supplementary certificate in ESOL. The amendment will not impose any direct costs on local governments, including school districts and BOCES.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment does not impose any additional compliance requirements or costs on entities in rural areas beyond those already imposed by State law or regulation. The proposed amendment provides additional pathways for teacher certification candidates to obtain the supplementary bilingual education extension and the ESOL supplementary certificate, for a three year period to conclude on June 30, 2018. The State Education Department does not believe that establishing different standards for candidates who live or work in rural areas is warranted. A uniform standard ensures the quality of certified teachers in all parts of the State.

5. RURAL AREA PARTICIPATION:

The proposed amendment was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.

The purpose of the proposed amendment is to provide additional pathways for candidates to obtain the supplementary bilingual education extension and the English to Speakers of Other Languages (ESOL) supplementary certificate, for a three year period to conclude on June 30, 2018, and thereby ensure that there are sufficient numbers of certified ESOL teachers and certified content area teachers with bilingual education extensions to meet the educational needs of students who are English Language Learners pursuant to Part 154 of the Commissioner’s Regulations. Because it is evident from the nature of the proposed amendment that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.