Section 80-1.6 is amended to extend the time validity of an expired provisional, initial or transitional certificate for an additional year, beyond the two-year extension currently provided for, if a candidate is faced with extreme hardship or other circumstances beyond the control of the individual.

The title of subpart 80-3 and subdivision (a) of section 80-3.1 are amended to change the date that applicants for certification may qualify as educational leaders under the “old” certificate titles and after which applicants will be subject to the requirements for the “new” certificate titles. This amendment changes the date from September 2, 2006 to September 2, 2007.

Subparagraph (iii) of paragraph (3) of subdivision (a) of section 80-3.3 and section 80-3.7 are amended to clarify what candidates the February 1, 2007 and February 1, 2009 deadlines apply to, for certification through individual evaluation.

Subparagraph (i) of paragraph (1) of subdivision (b) of section 80-3.3 and subparagraph (i) of paragraph (2) of subdivision (a) of section 80-3.7 are amended to allow for the acceptance of baccalaureate degrees from institutions of higher education judged by the Commissioner to be substantially equivalent to a regionally accredited institution for purposes of qualifying for a teaching certificate.

Paragraphs (2) and (3) of subdivision (a) of section 80-3.7 are amended to permit the Commissioner to accept substantially equivalent education requirements for candidates seeking to obtain an initial certificate through individual evaluation.

Subclause (2) of clause (b) of subparagraph (iv) of paragraph (3) of subdivision (a) of section 80-3.7, subclause (2) of clause (b) of subparagraph (xi) of paragraph (3) of subdivision (a) of section 80-3.7, and subclause (2) of clause (b) of subparagraph (xii) of paragraph (3) of subdivision (a) of section 80-3.7 are amended to allow for the acceptance of one year of paid full-time experience in lieu of the college-supervised practicum in the classroom teaching titles that require a practicum: literacy, library media specialist, and speech and language disabilities.

Section 80-3.8, subparagraph (iii) of paragraph (3) of subdivision (d) of section 80-4.3 and paragraph (2) of subdivision (h) of Section 80-4.3 are amended to establish a sunset date of September 1, 2008 for applications for statements of continuing eligibility in certain classroom teaching certificate and extension titles: gifted and talented, American Sign language, and theater and to clarify the types of certificates eligible for statements of continued eligibility.

Subclause (1) of clause (a) of subparagraph (ii) of paragraph (1) of subdivision (a) of Section 80-3.10, item (ii) of subclause (2) of clause (a) of subparagraph (i) of paragraph (3) of subdivision (b) of section 80-3.10 and clause (b) of subparagraph (ii) of paragraph (3) of subdivision (c) of section 80-3.10 are amended to permit the acceptance of an educational leadership program accredited by a United States Department of Education recognized accrediting body at a regionally accredited institution outside of New York State as equivalent preparation for certification as a school building leader, school district leader or school district business leader, respectively.

Paragraph (2) of subdivision (e) of section 80-4.3 is amended to clarify the appropriate certificate types and titles to which an extension in coordinator of work-based learning programs for career awareness may be attached.

Subdivision (f) of section 80-4.3 is amended to eliminate an unneeded reference to the types of programs that holders of the extension in coordinator work-based learning programs for career development are authorized to coordinate, to clarify the appropriate certificate types and titles to which the extension may be attached and to clarify that the holder of an extension in coordinator work-based learning programs may also coordinate career awareness programs.

Section 80-5.17 is amended to allow for the acceptance of certificates or authorizations to practice that the commissioner deems equivalent from another state or country that evidences comparable knowledge, skills, and abilities with those required for initial certification in New York State.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 208 of the Education Law grants to the Board of Regents authority to award and confer certificates, diplomas and degrees.

Subdivision (1) of section 305 of the Education Law empowers the Commissioner of Education to be the chief executive officer of the state system of education and of the Board of Regents and authorizes the Commissioner of Education to enforce laws relating to the educational system and to execute educational policies determined by the Regents.

Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools subject to the Education Law.

Subdivision (7) of section 305 of the Education Law authorizes the Commissioner of Education to annul upon cause shown to his satisfaction any certificate of qualification granted to a teacher.

Section 308 of the Education Law authorizes the Commissioner of Education to institute any proceedings or processes necessary to properly enforce and give effect to any law pertaining to the school system of the state or any part thereof or to any school district or city.

Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the public schools of New York State.

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

Paragraph (b) of subdivision (1) of section 3006 of the Education Law provides that the Commissioner of Education may issue such teacher certificates as the Regents Rules prescribe.

Section 3007 of the Education Law authorizes the Commissioner of Education to endorse a diploma or certificate issued in another state.

Subdivision (1) of section 3009 of the Education Law 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.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative objectives of the above- referenced statutes by establishing requirements for the certification of teachers for employment in New York State public schools.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is to clarify existing standards and procedures that must be met by teachers (classroom teachers, school leaders and pupil personnel professionals) when seeking certification by the Board of Regents and the Commissioner of Education. The proposed amendment also provides the Commissioner with the flexibility to accept candidates who substantially meet certain certification requirements and/or who have a valid certificate from another state or an authorization to practice from another country evidencing knowledge, skills and abilities comparable to those required for certification in New York State. Specifically, the proposed amendment makes the following major changes:

The proposed amendment permits the Commissioner to extend the time validity of an expired provisional, initial or transitional certificate for an additional year, beyond the two-year extension currently provided for, if a candidate is faced with extreme hardship or other circumstances beyond the control of the individual. This change is needed to provide the Commissioner with the flexibility to extend the time validity of certain certificates in extreme circumstances.

The amendment also changes the date by which all applicants for certification as educational leaders must submit their applications to qualify for certification under the “old” certificate titles (school administrator and supervisor, school district administrator, and school business administrator) from September 2, 2006 to September 2, 2007. Currently, the regulation requires that candidates apply for the “old” certificate titles prior to September 2, 2006 although they have until September 2, 2007 to qualify for the certificates. This deadline has proven to be insufficient time for the Department to notify potential candidates and for candidates to submit their applications. Therefore, this amendment is needed to make September 2, 2007 the deadline by which candidates must have both applied and qualified for the “new” certificate titles.

For purposes of qualifying for a teaching certificate, the proposed amendment provides the Commissioner with the flexibility to accept a candidate's baccalaureate degree from a higher education institution that the Commissioner deems substantially equivalent to a baccalaureate degree from a regionally accredited institution of higher education. This change is needed to provide the Commissioner with the flexibility to accept a candidate who has received teacher preparation from a higher education institution that the Commissioner deems substantially equivalent to that of a regionally accredited institution.

The amendment also permits the Commissioner to accept academic preparation that the Commissioner deems to be substantially equivalent to that specified in regulation for a teaching certificate. Again, this change is needed to allow the Commissioner to accept coursework from a candidate that, while not technically meeting a specified requirement, satisfies the required competencies.

The proposed amendment also provides the Commissioner with the flexibility to accept paid full-time experience in lieu of the college-supervised practicum in the classroom teaching titles that require a practicum: literacy, library media specialist, and speech and language disabilities. This change is needed to provide an option, for example, for those out-of-state candidates who graduated from programs that did not include a practicum but who may have several years of professional experience or applicants who have completed programs years ago and practiced in non-public schools successfully for many years.

The amendment also establishes an application deadline of September 1, 2008 for a Statement of Continuing Eligibility (SOCE) in certain certificate/extension titles: gifted and talented, American Sign Language, and theater. SOCE was created in each of these areas when they were established as certificate or extension titles in 2004. SOCE allowed experienced teachers employed in the public schools at that time to continue to be qualified for employment. The proposed deadline for SOCE applications recognizes that all applications for an SOCE should have now been submitted.

For purposes of certification as a school building leader, a school district leader or school district business leader, the amendment permits the Commissioner to accept a candidate who has successfully completed an educational leadership program accredited by a United States Department of Education recognized accrediting body at a regionally accredited institution outside New York State. This is needed to provide the Commissioner with a mechanism to accept successful candidates who have completed programs that have been rigorously reviewed by national accrediting bodies and found to be of high quality in the field of school leadership.

The amendment sets forth the specific teaching certificate titles to which an extension as coordinator of work-based learning programs for career awareness may be appropriately attached and those teaching certificate titles for which an extension as a coordinator of work-based learning programs for career development may be attached. The current regulatory language lacks the specificity needed to advise candidates appropriately.

The amendment also clarifies that the holder of an extension as a coordinator of work-based learning programs for career development may also coordinate programs for career awareness. This clarification is needed to advise candidate's appropriately because the requirements for a coordinator of work-based learning programs include and are more rigorous than the requirements for career awareness.

The amendment also authorizes the Commissioner to accept an out-of-state certificate or an authorization to practice from another country that evidences comparable knowledge, skills, and abilities with those required for initial certification in New York State. This amendment is needed to provide the Commissioner with the flexibility to accept certificates or authorizations to practice presented by applicants from foreign countries or non-reciprocal states.

4. COSTS:

(a) Costs to State government: The amendment will not impose any additional costs on State government including the State Education Department. The amendment will not affect the State Education Department's staffing or resources in reviewing and processing applications for certificates under these provisions.

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

(c) Cost to private regulated parties: The proposed amendment will not impose costs on private regulated parties, over and above existing costs for certification. The application fee for certification will continue to be $100 (or $50 for college recommended applicants).

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

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any mandatory program, service, duty, or responsibility upon local government, including school districts or BOCES.

6. PAPERWORK:

The amendment does not impose any additional paperwork requirements above and beyond the existing application requirements for candidates.

7. DUPLICATION:

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

8. ALTERNATIVES:

As these amendments are technical in nature, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable standards of the Federal government establishing requirements for the certification of teachers in the public schools of New York State.

10. COMPLIANCE SCHEDULE:

The amendment would be effective on its stated effective date. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.

The proposed amendment clarifies existing standards and procedures that must be met by teachers (classroom teachers, school leaders and pupil personnel professionals) when seeking certification by the Board of Regents and the Commissioner of Education. The proposed amendment pertains to certification requirements applicable to individuals. The proposed amendment would have no effect on small businesses and does not regulate local governments.

The amendment will not impose any adverse economic impact, recordkeeping, reporting, or other compliance requirements on small businesses or local governments. Because it is evident from the nature of the regulation that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken.

1. TYPES AND ESTIMATE OF THE NUMBER OF RURAL AREAS:

The proposed amendment will affect candidates for certification (classroom teachers, school leaders and pupil personnel professionals) in all areas of New York State, including 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 clarify existing standards and procedures that must be met by teachers (classroom teachers, school leaders and pupil personnel professionals) when seeking certification by the Board of Regents and the Commissioner of Education. The proposed amendment also provides the Commissioner with the flexibility to accept candidates who substantially meet certain certification requirements and/or who have a valid certificate from another state or an authorization to practice from another country evidencing knowledge, skills and abilities comparable to those required for certification in New York State.

The proposed amendment does not impose any additional paperwork requirements above and beyond the existing application requirements for certification. The amendment does not impose recordkeeping requirements or require applicants for certificates to retain professional services in order to comply.

3. COSTS:

The proposed amendment will not impose costs on private regulated parties, over and above the current costs for applications for teacher certification. The application fee for certification remains at $100. The amendment will not impose any direct costs on local governments, including school districts and BOCES. The amendment will not impose any capital costs on regulated parties.

4. MINIMIZING ADVERSE IMPACT:

The amendment makes technical changes to the requirements for the certification of classroom teachers, school leaders, and pupil personnel professionals in New York State's public schools. The New York 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:

Comments on the proposed rule were solicited from the Department's Rural Education Advisory Committee. This is a group that advises the State Education Department on issues of concern to rural areas of New York State and includes representatives of school districts located in rural areas of the State.

The Department also requested comments from the State Professional Standards and Practices Board for Teaching. This is an advisory group to the Board of Regents and the Commissioner of Education on matters pertaining to teacher education, certification, and practice. The Board has representatives of school districts and BOCES located in rural areas of New York State.

The purpose of the proposed amendment is to clarify existing standards and procedures that must be met by teachers (classroom teachers, school leaders and pupil personnel professionals) when seeking certification by the Board of Regents and the Commissioner of Education. The amendment also provides the Commissioner with the flexibility to accept teaching candidates who substantially meet the certification requirements and/or who have a valid certificate from another state or country evidencing knowledge, skills and abilities comparable to those required for certification in New York State.

Because it is evident from the nature of this regulation that it will have only a positive impact or no impact on jobs or employment opportunities, 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.