(1) [The] (i) For candidates who apply for and meet the requirements for a certificate under this subdivision on or before September 1, 2019, the candidate shall hold a master's or higher degree from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the department and have successfully completed a program leading to the initial certificate as a school building leader in the educational leadership service registered pursuant to section 52.21(c)(2) of this Title, or its equivalent as determined by the department, or an educational leadership program leading to a regular certificate in an equivalent title to a school building leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State.

(ii) [The] For candidates who apply for a certificate under this subdivision on or after September 1, 2019 or candidates who apply for a certificate on or before September 1, 2019 but do not meet all the requirements for a certificate on before September 1, 2019, the candidate shall hold a master's or higher degree from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the department and have successfully completed a program leading to the initial certificate as a school building leader in the educational leadership service registered pursuant to section 52.21(c)(2) of this Title, or its equivalent as determined by the department, or an educational leadership program leading to a regular certificate in an equivalent title to a school building leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State, provided that such program leads to an initial certificate, or a similar certificate title and type, in the jurisdiction in which the higher education institution is located.

2. Item (ii) of subclause (2) of clause (a) of subparagraph (i) of paragraph (3) of subdivision (b) of section 80-3.10 is amended to read as follows:

(ii) (A) for candidates who apply for and meet the requirements for a certificate under this subdivision on or before September 1, 2019, have successfully completed an educational leadership program outside of New York State that is equivalent to a program leading to a professional certificate as a school district leader in the educational leadership service registered pursuant to section 52.21(c)(3) of this Title or an educational leadership program leading to a regular certificate in an equivalent title to school district leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State, including a requirement to pass an assessment equivalent to the New York State assessment for school district leadership, or alternatively the candidate shall satisfy this component of the educational leadership program by passing the New York State assessment for school district leadership. The requirement of achieving a satisfactory level of performance on an assessment equivalent to the New York State assessment for school district leadership or alternatively passing such New York State assessment shall be waived if the candidate completes the program prior to the availability of such New York State assessment. The department shall determine the date on which such assessment is available. The candidate shall have successfully completed at least 60 semester hours of graduate study, which may include graduate study completed outside of the educational leadership program.

3. Clause (b) of subparagraph (ii) of paragraph (3) of subdivision (c) of section 80-3.10 is amended to read as follows:

(b) (1) for candidates who apply for and meet the requirements for a certificate under this subdivision on or before September 1, 2019, have successfully completed an educational leadership program outside of New York State that is equivalent with a program leading to a professional certificate as a school district business leader in the educational leadership service registered pursuant to section 52.21(c)(5) of this Title or an educational leadership program leading to a regular certificate in an equivalent title to school district business leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State, including a requirement to pass an assessment equivalent to the New York State assessment for school district business leadership, or alternatively the candidate shall satisfy this component of the educational leadership program by passing the New York State assessment for school district business leadership. The requirement of achieving a satisfactory level of performance on an assessment equivalent to the New York State assessment for school district business leadership or alternatively passing such New York State assessment shall be waived if the candidate completes the program prior to the availability of such New York State assessment. The department shall determine the date on which such assessment is available. The candidate shall have successfully completed at least 60 semester hours of graduate study, which may include graduate study completed outside of the educational leadership program.

(2) for candidates who apply for a certificate under this subdivision on or after September 1, 2019 or candidates who apply for a certificate on or before September 1, 2019 but do not meet all the requirements for a certificate on or before September 1, 2019, have successfully completed an educational leadership program outside of New York State that is equivalent with a program leading to a professional certificate as a school district business leader in the educational leadership service registered pursuant to section 52.21(c)(5) of this Title or an educational leadership program leading to a regular certificate in an equivalent title to school district business leader, accredited by an accrediting body recognized by the United States Department of Education at a regionally accredited institution outside of New York State, provided that such program leads to a professional certificate, or a similar certificate title and type, in the jurisdiction in which the higher education institution is located, including a requirement to pass an assessment equivalent to the New York State assessment for school district business leadership, or alternatively the candidate shall satisfy this component of the educational leadership program by passing the New York State assessment for school district business leadership. The requirement of achieving a satisfactory level of performance on an assessment equivalent to the New York State assessment for school district business leadership or alternatively passing such New York State assessment shall be waived if the candidate completes the program prior to the availability of such New York State assessment. The department shall determine the date on which such assessment is available. The candidate shall have successfully completed at least 60 semester hours of graduate study, which may include graduate study completed outside of the educational leadership program.

Since publication of a Proposed Rule Making in the State Register on September 13, 2018, the following substantial revisions were made to the proposed rule:

Section 80-3.10(c)(3)(ii)(b)(1) is amended to eliminate the language that states that for candidates who apply for, and meet the certification requirements in this subdivision by September 1, 2019, a higher education institution that the commissioner deems substantially equivalent, provided that such program leads to a professional certificate, or a similar certificate title and type, in the jurisdiction in which the higher education institution is located because this language was inadvertently added and is addressed by the new added subclause (b)(2) to subdivision (c)(3)(ii) of section 80-3.10 of the Commissioner’s regulations.

The above changes do not require any changes to the previously published Regulatory Impact Statement.

Since publication of a Notice Proposed Rule Making in the State Register on September 13, 2017, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Flexibility Analysis.

Since publication of a Notice Proposed Rule Making in the State Register on September 13, 2017, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Rural Area Flexibility Analysis.

Since publication of a Notice Proposed Rule Making in the State Register on September 13, 2017, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Job Impact Statement.

The agency received no public comment.