(i) Requirements for the professional certificate as a school building leader in the educational leadership service. The candidate shall have successfully completed, in addition to the requirements for the initial certificate: three years of school experience in an educational leadership position in public or non-public schools N-12[, including at least one year of such experience as a school building leader]. The candidate who completes this requirement in total or part through providing educational leadership service in a school district or board of cooperative educational services in New York State shall be required to participate in a mentoring program in the first year of employment unless the candidate has successfully completed two years of educational leadership service prior to such public school service.

1. STATUTORY AUTHORITY:

Education Law 101 (not subdivided) charges the Department with the general management and supervision of all public schools and all of the educational work of the state.

Education Law 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law 208 grants general rule-making authority to the Regents to confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.

Education Law 305 authorizes the Commissioner to enforce the educational policies of this State and execute all educational policies determined by the Regents and shall prescribe the licensing of teachers employed in this State.

Education Law 3001 establishes the qualifications of teachers in the classroom.

Education Law 3004 authorizes the Commissioner to promulgate regulations governing the certification requirements for teachers employed in public schools.

Education Law 3009 prohibits school districts from paying the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment of section 80-3.10 of the Regulations of the Commissioner of Education relating to the experience requirement for Professional School Building Leader certification is to address the concerns from the P-12 community related to the requirement that at least one year of the educational leadership experience be at the school building leader level and the impact that this requirement is having on a school building leader’s ability to progress from the Initial certificate to the Professional certificate.

Section 80-3.10 of the Commissioner’s regulations describes the requirements for the Professional School Building Leader certificate, including three years of experience in an educational leadership position in public or non-public schools; at least one of those three years of experience must be experience as a school building leader.

There have been concerns from the P-12 community related to the requirement that at least one year of the educational leadership experience be at the school building leader level. Specifically, as the nature of the work of school administrators has evolved, there is an increasing expectation that building level leaders are familiar with district level issues. Further, district level administrators often regularly work in building environments and perform tasks that might have traditionally been assigned to school building leaders. As such, a candidate for the Professional School Building Leader certificate whose job title and/or physical location within a district would not have traditionally corresponded to school building leadership may, in fact, have acquired the necessary knowledge, skills, and abilities to serve as a school building leader through district level leadership experience.

To address these concerns, the Department proposes to amend the experience requirements for Professional School Building Leader certification by removing the requirement that at least one of the three years of experience in an educational leadership position be as a school building leader.

3. NEEDS AND BENEFITS:

This proposed amendment will provide flexibility for candidates seeking the Professional School Building Leader certificate by removing the requirement that such candidates obtain at least one of the three years of experience in an educational leadership position as a school building leader.

4. COSTS:

a. Costs to State government: The amendment does not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendment does not impose any costs on local government.

c. Costs to private regulated parties: The amendment does not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

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

8. ALTERNATIVES:

The proposed rule is necessary to provide flexibility for candidates seeking the Professional School Budling Leader certificate. No alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

Following the 60-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its March 2023 meeting. If adopted at the March 2023 meeting, the proposed amendment will become effective on March 29, 2023.It is anticipated that regulated parties will be able to comply with the proposed rule on its effective date.

The purpose of the proposed amendment of section 80-3.10 of the Regulations of the Commissioner of Education relating to the experience requirement for Professional School Building Leader certification is to address the concerns from the P-12 community related to the requirement that at least one year of the educational leadership experience be at the school building leader level and the impact that this requirement is having on a school building leader’s ability to progress from the Initial certificate to the Professional certificate.

Section 80-3.10 of the Commissioner’s regulations describes the requirements for the Professional School Building Leader certificate, including three years of experience in an educational leadership position in public or non-public schools; at least one of those three years of experience must be experience as a school building leader.

There have been concerns from the P-12 community related to the requirement that at least one year of the educational leadership experience be at the school building leader level. Specifically, as the nature of the work of school administrators has evolved, there is an increasing expectation that building level leaders are familiar with district level issues. Further, district level administrators often regularly work in building environments and perform tasks that might have traditionally been assigned to school building leaders. As such, a candidate for the Professional School Building Leader certificate whose job title and/or physical location within a district would not have traditionally corresponded to school building leadership may, in fact, have acquired the necessary knowledge, skills, and abilities to serve as a school building leader through district level leadership experience.

To address these concerns, the Department proposes to amend the experience requirements for Professional School Building Leader certification by removing the requirement that at least one of the three years of experience in an educational leadership position be as a school building leader. This proposed amendment will provide school districts and Boards of Cooperative Educational Services (BOCES) with greater flexibility to assign administrators to the roles and responsibilities that are needed in their local education agencies. It will also ensure that candidates for the Professional School Building Leader certificate receive appropriate recognition of their experience in the educational leadership service.

The amendment does not impose any new recordkeeping or other compliance requirements and will not have an adverse economic impact on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all candidates seeking the Professional School Building Leader certificate including those 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 proposed amendment merely provides flexibilityfor candidates seeking the Professional School Building Leader certificate by removing the requirement that such candidates obtain at least one of the three years of experience in an educational leadership position as a school building leader. Thus, the proposed amendment does not impose any reporting, recordkeeping or other compliance requirements or professional services on regulated parties, including those located in rural areas.

3. COSTS:

The proposed amendment does not impose any costs on regulated parties, including those located in rural areas.

4. MINIMIZING ADVERSE IMPACT:

This proposed amendment merely provides flexibility for candidates seeking the Professional School Building Leader certificate by removing the requirement that such candidates obtain at least one of the three years of experience in an educational leadership position as a school building leader. Thus, the proposed rule will not have any adverse impact on regulated parties, including those located in rural areas. Therefore, no alternatives were considered for those schools located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

A Copy of the proposed amendment has been provided to the New York State Administrators Association of New York State (SAANYS) for review and comment.

The purpose of the proposed amendment of section 80-3.10 of the Regulations of the Commissioner of Education relating to the experience requirement for Professional School Building Leader certification is to address the concerns from the P-12 community related to the requirement that at least one year of the educational leadership experience be at the school building leader level and the impact that this requirement is having on a school building leader’s ability to progress from the Initial certificate to the Professional certificate.

Section 80-3.10 of the Commissioner’s regulations describes the requirements for the Professional School Building Leader certificate, including three years of experience in an educational leadership position in public or non-public schools; at least one of those three years of experience must be experience as a school building leader.

There have been concerns from the P-12 community related to the requirement that at least one year of the educational leadership experience be at the school building leader level. Specifically, as the nature of the work of school administrators has evolved, there is an increasing expectation that building level leaders are familiar with district level issues. Further, district level administrators often regularly work in building environments and perform tasks that might have traditionally been assigned to school building leaders. As such, a candidate for the Professional School Building Leader certificate whose job title and/or physical location within a district would not have traditionally corresponded to school building leadership may, in fact, have acquired the necessary knowledge, skills, and abilities to serve as a school building leader through district level leadership experience.

To address these concerns, the Department proposes to amend the experience requirements for Professional School Building Leader certification by removing the requirement that at least one of the three years of experience in an educational leadership position be as a school building leader. This proposed amendment will provide school districts and Boards of Cooperative Educational Services (BOCES) with greater flexibility to assign administrators to the roles and responsibilities that are needed in their local education agencies. It will also ensure that candidates for the Professional School Building Leader certificate receive appropriate recognition of their experience in the educational leadership service.

Because it is evident from the nature of the proposed amendment that it will have no impact on the existing number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.