The Department has learned that some candidates who received the Emergency COVID-19 Initial Reissuance certificate took the certification exam(s) in the area(s) required for the certificate sought more than one year after they submitted their application for the Initial Reissuance, but during the two-year validity period of their Emergency COVID-19 certificate.

To hold these candidates harmless, the Department is proposing to amend section 80-1.8 of the Commissioner’s regulations to allow candidates to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of the Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be adopted by regular (nonemergency) action after expiration of the 60-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5) would be the April 2022 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earliest effective date of the proposed rule, if adopted at the April meeting, would be April 27, 2022, the date the Notice of Adoption would be published in the State Register.

Therefore, emergency action is necessary at the January 2022 meeting for the preservation of the general welfare to immediately allow candidates to take the exam(s) required for the reissuance of their Initial certificate during the validity period of their Emergency COVID-19 certificate until the proposed rule can be permanently adopted.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at its April 2022 meeting, which is the first scheduled meeting after expiration of the 60-day public comment period mandated by SAPA for State agency rule making. However, since the emergency action will expire before the April Regents meeting, it is anticipated that an additional emergency action will be presented for adoption at the March 2022 Regents meeting.

(a) The holder of an initial certificate whose certificate has expired and who has not successfully completed three school years of [teaching] experience, or its equivalent, as is required for a professional certificate, shall be reissued an initial certificate on one occasion only, for a period of five years from the date of reissuance.

(1) Candidates applying for a reissuance shall [meet the requirements in the following paragraphs:

(i) The candidate shall have successfully completed 50 clock hours of acceptable continuing teacher and leader education (CTLE), professional learning (PL), and/or a combination thereof. Such PL and/or CTLE shall be completed within one year prior to the department's receipt of a completed application or within one year after the department's receipt of such completed application for the reissuance of the initial certificate. The definition of acceptable PL and the measurement of PL study shall be that defined in section 100.2(dd) of this Title and the definition of acceptable CTLE and the measurement of CTLE shall be that prescribed in Subpart 80-6 of this Part.

(ii) The candidate shall] submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination content specialty test(s) in the area required for the certificate sought[ or, where applicable], the New York State assessment [for school building leadership] required for a certificate as a school building leader, or the New York State assessment required for a certificate as a school counselor, which shall be taken within one year prior to or one year after the department's receipt of a completed application [or within one year after the department's receipt of such completed application] for the reissuance of the initial certificate or during the validity period of the Emergency COVID-19 certificate, provided such certificate is held in the same certificate title of the reissuance sought.

Since publication of a Notice of Proposed Rule Making in the State Register on December 29, 2021, the following substantial revisions were made to the proposed rule:

The Department has amended section 80-1.8 of the Commissioner’s regulations to allow Initial Reissuance candidates to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of their Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

The above changes required that the LEGISLATIVE OBJECTIVES, NEEDS AND BENEFITS, ALTERNATIVES, AND COMPLIANCE SCHEDULE sections of the previously published Regulatory Impact Statement be revised to read as follows:

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents’ policy of addressing teacher shortages by removing the requirement that candidates for teacher certification who have an expired Initial certificate complete 50 clock hours of continuing teacher and leader education (CTLE) and/or professional learning to obtain a reissuance of their Initial certificate. In addition, the Department is proposing to add the school counselor assessment to the list of acceptable assessments that candidates must pass and take within one year before or after the application for the Initial reissuance. This assessment needs to be added because it will be required for Initial and Professional School Counselor certificates that will begin to be issued on February 2, 2023, and candidates who receive these certificates would take this assessment for the reissuance of their Initial certificate.

The proposed amendment is also needed to hold candidates who received the Emergency COVID-19 Initial Reissuance certificate harmless by allowing them to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of the Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

3. NEEDS AND BENEFITS:

An Initial certificate is issued as an entry-level certificate for classroom teachers and school building leaders and is valid for five years. Holders of Initial certificates are expected to progress to a Professional certificate within the five-year Initial certification period by completing all of the requirements for Professional certification. One of these requirements is the completion of three years of experience (or its equivalent) within this five-year time frame. Some candidates, however, are unable to complete this requirement.

To provide candidates who have not been able to complete at least three years of acceptable experience (or its equivalent) for the Professional certificate the opportunity to complete the requirements for Professional certification, section 80-1.8(a) of the Commissioner’s Regulations currently provides that such candidates may have their Initial certificate reissued for a period of five years if they meet the following two requirements for the reissuance of an Initial certificate:

• Pass the content specialty test(s) in the area(s) required for the certificate sought within one year before or after the application date for the Initial Reissuance.

• Complete 50 clock hours of acceptable continuing teacher and leader education (CTLE), professional learning, and/or a combination of both within one year before or after the application date for the Initial Reissuance.

The requirement of 50 clock hours of CTLE and/or professional learning has proved to be an impediment to obtaining the reissuance of the Initial certificate in two respects. First, completion of CTLE for candidates who hold a valid or expired Initial certificate is not required by section 3006-a of the Education Law. Second, candidates with an expired Initial certificate do not have access to the same CTLE and professional learning opportunities as educators who hold Professional certificates and are currently employed by school districts or Boards of Cooperative Educational Services (BOCES). Districts and BOCES provide opportunities for educators to complete professional learning, including CTLE, as part of their professional learning plans. Thus, candidates with an expired Initial certificate may need to seek other ways to complete CTLE or professional learning for the reissuance of their Initial certificate.

The Department is therefore proposing to remove the requirement that these candidates complete 50 clock hours of CTLE and/or professional learning to obtain a reissuance of their Initial certificate. These candidates would still be required to demonstrate current content knowledge by passing the content specialty test(s) in the area(s) required for the certificate sought within one year of applying for reissuance.

The Department is also proposing to add the school counselor assessment to the list of acceptable assessments that candidates must pass and take within one year before or after the application for the Initial Reissuance. This assessment needs to be added because it will be required for Initial and Professional School Counselor certificates that will begin to be issued on February 2, 2023, and candidates who receive these certificates would take this assessment for the reissuance of their Initial certificate.

Additionally, at its December 2021 meeting, the Board of Regents permanently adopted regulatory amendments extending the validity period of the Emergency COVID-19 certificate from one year to two years. This extension gives candidates two years to take and pass the exams required for the certificate sought. Therefore, classroom teachers and school building leaders who obtain the Emergency COVID-19 Initial Reissuance certificate have two years to take and pass the certification exam(s) in the area(s) required for the reissuance of their Initial certificate. However, section 80-1.8 of the Commissioner’s regulations only provides candidates one year before or after the submission of their application for the reissuance of the Initial certificate to take such certification exam(s).

The Department has learned that some candidates who received the Emergency COVID-19 Initial Reissuance certificate took the certification exam(s) in the area(s) required for the certificate sought more than one year after they submitted their application for the Initial Reissuance, but during the two-year validity period of their Emergency COVID-19 certificate.

To hold these candidates harmless, the Department is proposing to amend section 80-1.8 of the Commissioner’s regulations to allow candidates to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of the Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

8. ALTERNATIVES:

The proposed amendment is necessary to implement Regents’ policy of addressing teacher shortages by removing the requirement that candidates for teacher certification who have an expired Initial certificate complete 50 clock hours of continuing teacher and leader education (CTLE) and/or professional learning to obtain a reissuance of their Initial certificate. In addition, the Department is proposing to add the school counselor assessment to the list of acceptable assessments that candidates must pass and take within one year before or after the application for the Initial reissuance. This assessment needs to be added because it will be required for Initial and Professional School Counselor certificates that will begin to be issued on February 2, 2023, and candidates who receive these certificates would take this assessment for the reissuance of their Initial certificate.

Additionally, the proposed amendment is needed to hold candidates who received the Emergency COVID-19 Initial Reissuance certificate harmless by allowing them to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of the Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. There are no significant alternatives, and none were considered.

10. COMPLIANCE SCHEDULE:

It is anticipated that the revised proposed rule will be presented to the Board of Regents for permanent adoption at the April 2022 Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 45-day public comment period required under the State Administrative Procedure Act for revised rule makings. Because the emergency action will expire before the April 2022 Regents meeting, it is anticipated that an additional emergency action will be presented for adoption at the March 2022 meeting. If adopted at the April 2022 meeting, the proposed amendment will become effective on April 27, 2022. It is anticipated that regulated parties will be able to come into compliance with the proposed rule by its effective date.

Since publication of a Notice of Proposed Rule Making in the State Register on December 29, 2021, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The proposed amendment applies to all teacher candidates in New York State with an expired Initial certificate seeking a reissuance of their Initial 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.

The purpose of the proposed amendment to section 80-1.8 of the Regulations of the Commissioner of Education is to implement Regents’ policy of addressing teacher shortages by removing the requirement that candidates for teacher certification who have an expired Initial certificate complete 50 clock hours of continuing teacher and leader education (CTLE) and/or professional learning to obtain a reissuance of their Initial certificate. In addition, the Department is proposing to add the school counselor assessment to the list of acceptable assessments that candidates must pass and take within one year before or after the application for the Initial reissuance. This assessment needs to be added because it will be required for Initial and Professional School Counselor certificates that will begin to be issued on February 2, 2023, and candidates who receive these certificates would take this assessment for the reissuance of their Initial certificate.

The proposed amendment also holds candidates who received the Emergency COVID-19 Initial Reissuance certificate harmless by allowing them to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of the Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

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 technical 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 and local governments is not required and one has not been prepared.

Since publication of a Notice of Proposed Rule Making in the State Register on December 29, 2021, the following substantial revisions were made to the proposed rule:

The Department has amended section 80-1.8 of the Commissioner’s regulations to allow Initial Reissuance candidates to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of their Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

The above changes required that the REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES section of the previously published Rural Area Flexibility Analysis be revised to read as follows:

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

The purpose of the proposed amendment to section 80-1.8 of the Regulations of the Commissioner of Education is to implement Regents’ policy of addressing teacher shortages by removing the requirement that candidates for teacher certification who have an expired Initial certificate complete 50 clock hours of continuing teacher and leader education (CTLE) and/or professional learning to obtain a reissuance of their Initial certificate. In addition, the Department is proposing to add the school counselor assessment to the list of acceptable assessments that candidates must pass and take within one year before or after the application for the Initial reissuance. This assessment needs to be added because it will be required for Initial and Professional School Counselor certificates that will begin to be issued on February 2, 2023, and candidates who receive these certificates would take this assessment for the reissuance of their Initial certificate.

The proposed amendment also hold candidates who received the Emergency COVID-19 Initial Reissuance certificate harmless by allowing them to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of the Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

Since publication of a Notice of Proposed Rule Making in the State Register on December 29, 2021, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The purpose of the proposed amendment to section 80-1.8 of the Regulations of the Commissioner of Education is to implement Regents’ policy of addressing teacher shortages by removing the requirement that candidates for teacher certification who have an expired Initial certificate complete 50 clock hours of continuing teacher and leader education (CTLE) and/or professional learning to obtain a reissuance of their Initial certificate. In addition, the Department is proposing to add the school counselor assessment to the list of acceptable assessments that candidates must pass and take within one year before or after the application for the Initial reissuance. This assessment needs to be added because it will be required for Initial and Professional School Counselor certificates that will begin to be issued on February 2, 2023, and candidates who receive these certificates would take this assessment for the reissuance of their Initial certificate.

The proposed amendment also needed holds candidates who received the Emergency COVID-19 Initial Reissuance certificate harmless by allowing them to take the certification exam(s) in the area(s) required for the certificate sought during the validity period of the Emergency COVID-19 certificate, provided the Emergency COVID-19 certificate is held in the same certificate title of the reissuance sought. This proposal enables these candidates to take the required exam(s) during the full two-year validity period of the Emergency COVID-19 certificate.

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.

The agency received no public comment.