(b) For holders of a provisional certificate or provisional renewal in the pupil personnel service, or for holders of an initial certificate, initial reissuance or transitional certificate in the classroom teaching service or school leadership applying for their first time extension on or after March 1, 2017, the time validity of the expired certificate may be extended once per applicable transitional certificate and once after the issuance of the first provisional or initial certificate, per certificate title (educators would not be able to earn a time extension on both the initial certificate and initial reissuance or the provisional certificate and provisional renewal, per certificate title), for a period not to exceed three years from the expiration date of such certificate, except as provided in subdivision (c) of this section, upon application by the holder of the certificate:

1. STATUTORY AUTHORITY:

Education Law 207 (not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law section 305(1) authorizes the Commissioner to enforce laws relating to the State educational system and execute Regents educational policies. Section 305(2) provides the Commissioner with general supervision over schools and authority to advise and guide school district officers in their duties and the general management of their schools.

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

Education Law section 3003 establishes the qualifications of superintendents.

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

Education Law section 3009 prohibits school district money from being used to pay the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

Consistent with the above statutory authority, the purpose of the proposed amendments to Section 80-1.6 of the Regulations of the Commissioner of Education allows educators who hold an Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal to receive one Time Extension after the issuance of their first Initial or Provisional certificate. The Time Extension would add three years to the expiration date of either the Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal. Educators would not be able to earn a Time Extension on both the Initial certificate and Initial Reissuance or the Provisional certificate and Provisional Renewal per certificate title.

3. NEEDS AND BENEFITS:

Permanent certificate during the five-year validity period of their Initial or Provisional certificate, respectively, have the option to apply for an Initial Reissuance, Provisional Renewal, or Time Extension. They may receive only one five-year Initial Reissuance or Provisional Renewal.

To earn the Initial Reissuance, teachers and school building leaders must:

• have less than three years of experience;

• pass the Content Specialty Test in the subject area of the certificate sought or School Building Leader assessment, as appropriate, within one year before or after the Initial Reissuance application date; and

• have completed 50 hours of acceptable Continuing Teacher and Leader Education (CTLE) and/or professional learning within one year before or after the application date.

The Provisional Renewal is available to pupil personnel service professionals (e.g., school counselors) who have completed all requirements for the Permanent certificate with the exception of the experience requirement and/or academic requirements, depending on the certificate title.

Educators can also receive a one-time Time Extension, which adds three years to the expiration date of Initial and Provisional certificates and to the expiration date of certain Transitional certificates.

In some cases, educators are only eligible for the Time Extension because they cannot meet the requirements for the Initial Reissuance/Provisional Renewal (e.g., Initial certificate holders who have more than three years of experience). In other cases, educators can meet the requirements for the Time Extension and Initial Reissuance/ Provisional Renewal simultaneously and must choose the one for which they will apply first.

Educators who are eligible for both the Time Extension and Initial Reissuance/ Provisional Renewal can add the maximum amount of time to the validity period of their certificate by first applying for the Time Extension. By applying for the Time Extension first, they can, if needed, apply for the Initial Reissuance/Provisional Renewal at a later date as follows: (1) Initial/Provisional certificate (five years), (2) Time Extension (three years), and then (3) Initial Reissuance/Provisional Renewal (five years).

However, if these educators apply first for the Initial Reissuance/Provisional Renewal, the Time Extension cannot add time to the expiration date of the Initial Reissuance/Provisional Renewal. The Time Extension can only add time to the expiration date of the Initial/Provisional certificate pursuant to Section 80-1.6 of the Commissioner’s Regulations. Therefore, if educators earn the Initial/Provisional certificate (5 years) and then the Initial Reissuance/Provisional Renewal (5 years), the Time Extension is not an option for extending the validity period of their certificate.

The Department is proposing to allow educators who hold an Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal to receive one Time Extension after the issuance of their first Initial or Provisional certificate. The Time Extension would add three years to the expiration date of either the Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal. Educators would not be able to earn a Time Extension on both the Initial certificate and Initial Reissuance or the Provisional certificate and Provisional Renewal per certificate title.

This revision would enable educators who hold the Initial Reissuance/Provisional Renewal, but have not received a Time Extension, to earn a Time Extension that would add three years to the expiration date of the Initial Reissuance/Provisional Renewal. Educators who are eligible for both the Time Extension and Initial Reissuance/Provisional Renewal simultaneously would be able to apply for either one first, without foregoing the option of the other one, while completing the requirements for the Professional/ Permanent certificate, respectively. These educators would have more flexibility because the order of the extensions would no longer matter.

Educators who hold a Transitional certificate that is not identified as “nonrenewable” in Part 80 of the Commissioner’s Regulations will continue to have the option of one three-year Time Extension per certificate title.

4. COSTS:

(a) Costs to State government: There are no additional costs to State government.

(b) Costs to local government: There are no additional costs to local government.

(c) Cost to private regulated parties: There are no additional costs to private regulated parties.

(d) Cost to the regulatory agency: There are no additional costs to the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any program, service, duty, or responsibility on local governments.

6. PAPERWORK:

There are no new forms, reporting requirements, or other recordkeeping associated with the proposed amendment.

7. DUPLICATION:

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

8. ALTERNATIVES:

Because the State believes that uniform flexible teaching education standards are required across the State, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

A Notice of Proposed Rule Making will be published in the State Register on January 29, 2020. 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 May 2020 meeting. If adopted at the May 2020 meeting, the proposed amendment will become effective on May 20, 2020.

The purpose of the proposed amendment to Section 80-1.6 of the Regulations of the Commissioner of Education is to allow educators who hold an Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal to receive one Time Extension after the issuance of their first Initial or Provisional certificate. The Time Extension would add three years to the expiration date of either the Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal. Educators would not be able to earn a Time Extension on both the Initial certificate and Initial Reissuance or the Provisional certificate and Provisional Renewal per certificate title.

This revision would enable educators who hold the Initial Reissuance/Provisional Renewal, but have not received a Time Extension, to earn a Time Extension that would add three years to the expiration date of the Initial Reissuance/Provisional Renewal. Educators who are eligible for both the Time Extension and Initial Reissuance/Provisional Renewal simultaneously would be able to apply for either one first, without foregoing the option of the other one, while completing the requirements for the Professional/ Permanent certificate, respectively. These educators would have more flexibility because the order of the extensions would no longer matter.

Educators who hold a Transitional certificate that is not identified as “nonrenewable” in Part 80 of the Commissioner’s Regulations will continue to have the option of one three-year Time Extension per certificate title.

The amendments do 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 amendments that they 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 amendments apply to all educators who hold an Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal 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 purpose of the proposed amendment is to allows educators who hold an Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal to receive one Time Extension after the issuance of their first Initial or Provisional certificate. The Time Extension would add three years to the expiration date of either the Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal. Educators would not be able to earn a Time Extension on both the Initial certificate and Initial Reissuance or the Provisional certificate and Provisional Renewal per certificate title.

This revision would enable educators who hold the Initial Reissuance/Provisional Renewal, but have not received a Time Extension, to earn a Time Extension that would add three years to the expiration date of the Initial Reissuance/Provisional Renewal. Educators who are eligible for both the Time Extension and Initial Reissuance/Provisional Renewal simultaneously would be able to apply for either one first, without foregoing the option of the other one, while completing the requirements for the Professional/ Permanent certificate, respectively. These educators would have more flexibility because the order of the extensions would no longer matter.

Educators who hold a Transitional certificate that is not identified as “nonrenewable” in Part 80 of the Commissioner’s Regulations will continue to have the option of one three-year Time Extension per certificate title.

3. COSTS:

The proposed amendments do not impose any costs on teacher certification candidates and/or the New York State school districts/BOCES who wish to hire them.

4. MINIMIZING ADVERSE IMPACT:

The Department believes that uniform standards for teacher certification must be established across the State. Therefore, no alternatives were considered for those located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from the New York State United Teachers whose membership include educators who live or work in rural areas.

The purpose of the proposed amendment to § 80-1.6of the Regulations of the Commissioner of Education is to allow educators who hold an Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal to receive one Time Extension after the issuance of their first Initial or Provisional certificate. The Time Extension would add three years to the expiration date of either the Initial certificate, Initial Reissuance, Provisional certificate, or Provisional Renewal. Educators would not be able to earn a Time Extension on both the Initial certificate and Initial Reissuance or the Provisional certificate and Provisional Renewal per certificate title.

This revision would enable educators who hold the Initial Reissuance/Provisional Renewal, but have not received a Time Extension, to earn a Time Extension that would add three years to the expiration date of the Initial Reissuance/Provisional Renewal. Educators who are eligible for both the Time Extension and Initial Reissuance/Provisional Renewal simultaneously would be able to apply for either one first, without foregoing the option of the other one, while completing the requirements for the Professional/ Permanent certificate, respectively. These educators would have more flexibility because the order of the extensions would no longer matter.

Educators who hold a Transitional certificate that is not identified as “nonrenewable” in Part 80 of the Commissioner’s Regulations will continue to have the option of one three-year Time Extension per certificate title.

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.