Section 80-1.6 Extensions of time validity of certificates.

(a) Subject to the limitation provided in subdivision [(d)] (e) of this section, the time validity of an expired provisional, initial or transitional certificate may be extended for a period not to exceed two years from the expiration date of such certificate, except as provided in subdivisions (b) and (c) and (d) of this section, upon application by the holder of a teaching certificate:

(1) . . .

(2) . . .

(3) . . .

(4) . . .

(5) [for a candidate who is not a citizen of the United States, who has applied for citizenship and whose application for citizenship has not been acted upon by the United States Immigration and Naturalization Service;]

(b) . . .

(c) . . .

(d) The commissioner may extend the time validity of an expired provisional, or initial certificate beyond the extensions provided for in subdivisions (a) and (c) of this section, in increments of one additional year for a candidate who has applied for citizenship or permanent residency, and whose application for citizenship or permanent residency has not been acted upon by the U.S. Citizenship and Immigration Services (USCIS) until the USCIS acts upon such application. Such candidates must provide documentation satisfactory to the Department that they meet these requirements, and that they have completed all academic, testing and experience requirements for Permanent or Professional certification.

(e) The commissioner will only extend the time validity of an expired provisional certificate under this section if the holder of such provisional certificate submits evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination content specialty test(s) in the area of the certificate, when a content specialty test(s) is required.

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.

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 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 (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.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the objectives of the above referenced statutes by establishing a means for individuals who hold an entry level certificate, and who have met all requirements for the terminal level of certification except U.S. citizenship or permanent residency to remain certified while awaiting a citizenship determination by the United States Citizenship and Immigration Service USCIS.

3. NEEDS AND BENEFITS:

The proposed amendment establishes a means for extending the time validity of Provisional or Initial certificates for those individuals who have met all academic, testing and experience requirements for Permanent or Professional certification, and are unable to receive such certification due to USCIS processing delays.

The proposed amendment is needed to maintain the employment of experienced teachers and is in the interest of the New York State public schools and students.

4. COSTS:

(a) Cost to State government. The amendment will not impose any additional cost on State government, including the State Education Department. The State Education Department will use existing staff and resources to process certificate applications.

(b) Cost to local government. The amendment does not impose additional costs upon local governments, including schools districts and BOCES.

(c) Cost to private regulated parties. A candidate seeking to extend the time validity of a Provisional, or Initial Certificate will be required to pay a $50 application fee.

(d) Costs to the regulatory agency. 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:

School districts and BOCES that wish to employ or continue to employ a teacher with a time extended certificate are not governed by any local mandates that would effect the issuance or maintenance of the time extended certificate.

6. PAPERWORK:

The proposed amendment will not increase reporting or recordkeeping requirements beyond existing requirements. Candidates seeking a time extended Provisional or Initial Certificate must provide evidence that they have applied for U.S. citizenship or permanent residency and that the application has not yet been processed.

7. DUPLICATION:

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

8. ALTERNATIVES:

No alternative proposals were considered.

9. FEDERAL STANDARDS:

There are no Federal standards that address extending the validity of entry level certificates.

10. COMPLIANCE SCHEDULE:

Regulated parties must comply with the proposed amendment on its effective date. Because of the nature of the proposed amendment, no additional period of time is necessary to enable regulated parties to comply.

(a) Small Businesses:

The purpose of the proposed amendment is to establish a means for extending the time validity of Provisional or Initial certificates for those individuals who have met all academic, testing and experience requirements for Permanent or Professional certification, and are unable to receive such certification due to USCIS processing delays of applications for U.S Citizenship or permanent residence.

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

(b) Local Governments:

1. Effect of the rule:

The proposed amendment affects all school districts and BOCES in the State that wish to hire or maintain employment of a teacher whose certificate would otherwise have expired due to USCIS processing delays of applications for U.S. Citizenship or permanent residence.

2. Compliance requirements:

The purpose of the proposed amendment is to establish a means for extending the time validity of Provisional or Initial certificates for those individuals who have met all academic, testing and experience requirements for Permanent or Professional certification, and are unable to receive such certification due to USCIS processing delays of applications for U.S Citizenship or permanent residence. School districts and BOCES that wish to employ or continue to employ a teacher with a time extended certificate are not governed by any local mandates that would effect the issuance or maintenance of the time extended certificate.

3. Professional services:

The proposed amendment does not mandate school districts or BOCES to contract for additional professional services to comply.

4. Compliance costs:

There are no compliance costs for school districts or BOCES that exercise the option of employing a teacher under a time extended Initial or Provisional certificate. However, the candidate will be required to pay an application fee of $50 for the time extended Initial or Provisional certificate.

5. Economic and technological feasibility:

Meeting the requirements of the proposed amendment is economically and technologically feasible. As stated above in compliance costs, the amendment imposes no costs on school districts or BOCES.

6. Minimizing adverse impact:

The amendment establishes requirements for the issuance of extending a Provisional or Initial Certificate for individuals who need to satisfy only the citizenship or permanent residency requirement for Permanent or Professional certification. The State Education Department does not believe that establishing different standards for local governments is warranted. A uniform standard ensures the quality of the State's teaching workforce.

7. Local government participation:

Comments on the proposed rule were solicited 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.

1. Types and estimate of number of rural areas:

The proposed amendment will affect candidates, New York State school districts and BOCES in all parts of the 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 mile or less.

2. Reporting, recordkeeping, and other compliance requirements and professional services:

The purpose of the proposed amendment is to establish a means for extending the time validity of Provisional or Initial certificates for those individuals who have met all academic, testing and experience requirements for Permanent or Professional certification, and are unable to receive such certification due to USCIS processing delays of applications for Permanent Residency or U.S. citizenship.

School districts and BOCES that wish to employ or continue to employ a teacher with a time extended certificate are not governed by any local mandates that would effect the issuance or maintenance of the time extended certificate.

The proposed amendment will not require regulated parties, including those located in rural areas, to hire professional services in order to comply.

3. Costs:

There are no compliance costs for school districts or BOCES that exercise the option of employing or maintaining employment of a teacher under a time extended Initial or Provisional certificate. However, the candidate will be required to pay an application fee of $50 for the time extended certificate.

4. Minimizing adverse impact:

The 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 the State's teaching workforce.

5. Rural area participation:

The 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 the State's teaching workforce.

The purpose of the proposed amendment is to establish a means for individuals who have met all academic, testing and experience requirements for Permanent or Professional certification to remain certified while they await processing of an application for U.S. citizenship or permanent residency by the USCIS.

The proposed amendment is needed to facilitate the Department's continuing ability to assist school districts in maintaining experienced faculty that have met all requirements for Permanent or Professional certification with the exception of United States citizenship. This proposal is intended to allow the extension of an Initial or Provisional certificate and therefore maintain teachers who risk losing certification because they are awaiting permanent residence status from the USCIS.

Because it is evident from the nature of the rule that it could only have a positive impact or no impact on jobs and employment opportunities, no affirmative 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.