(iv) prior to September 1, 2022, language acquisition and literacy development by native English speakers and students who are English language learners—and skill in developing the listening, speaking, reading, and writing skills of all students, including at least six semester hours of such study for teachers of early childhood education, childhood education, middle childhood education, and adolescence education; teachers of students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, and students with speech and language disabilities; teachers of English to speakers of other languages; and library media specialists. This six semester hour requirement may be waived upon a showing of good cause satisfactory to the commissioner, including but not limited to a showing that the program provides adequate instruction in language acquisition and literacy development through other means;

(v) on or after September 1, 2022, language acquisition and literacy development by native English speakers and students who are English language learners—and skill in developing the listening, speaking, reading, and writing skills of all students, including at least three semester hours of study in language acquisition and literacy development of English language learners and at least three semester hours of study in language acquisition and literacy development for all students for teachers of early childhood education, childhood education, middle childhood education, and adolescence education; teachers of students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, and students with speech and language disabilities; teachers of English to speakers of other languages; and library media specialists. These three semester hour requirements may be waived upon a showing of good cause satisfactory to the commissioner, including but not limited to a showing that the program provides adequate instruction in language acquisition and literacy development through other means.

2. Clause (b) of subparagraph (i) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended and a new clause (c) shall be added to subparagraph (i) as follows:

(b) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete six semester hours of coursework that is appropriate to the student developmental level of the certificate title. The candidate shall also complete three additional semester hours in teaching literacy skills.

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete six semester hours of coursework that is appropriate to the student developmental level of the certificate sought. The candidate shall also complete three additional semester hours in language acquisition and literacy development of English language learners.

3. Clause (b) of subparagraph (ii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended, a new clause (c) shall be added to subparagraph (ii), and the former item (c) of subparagraph (ii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be numbered (d) as follows:

(b) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete six semester hours of coursework that is appropriate to the student developmental level of the certificate title. The candidate shall also complete three additional semester hours in teaching literacy skills.

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete six semester hours of coursework that is appropriate to the student developmental level of the certificate sought. The candidate shall also complete three additional semester hours in language acquisition and literacy development of English language learners.

4. Clause (b) of subparagraph (iii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended and a new clause (c) shall be added to subparagraph (iii) as follows:

(b) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete a total of six semester hours of coursework that includes study in methods of second-language teaching at the elementary and secondary levels. The candidate shall also complete three additional semester hours in teaching literacy skills.

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete a total of six semester hours of coursework that includes study in methods of second-language teaching at the elementary and secondary levels. The candidate shall also complete three additional semester hours in language acquisition and literacy development of English language learners.

5. Clause (b) of subparagraph (v) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended, a new clause (c) shall be added to subparagraph (v), and the former clause (c) of subparagraph (v) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be renumbered clause (d) as follows:

(b) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete six semester hours of coursework appropriate to the student developmental level of the certificate. In addition to such prescribed pedagogical core, the candidate shall complete three semester hours in teaching literacy skills and 12 semester hours of coursework that includes study in each of the following subjects:

(1) . . .

(2) . . .

(3) . . .

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete six semester hours of coursework appropriate to the student developmental level of the certificate sought. In addition to such prescribed pedagogical core, the candidate shall complete three semester hours in language acquisition and literacy development of English language learners and 12 semester hours of coursework that includes study in each of the following subjects:

(1) foundations of special education;

(2) assessment, diagnosis, and evaluation of students with disabilities including collaboration with caregivers and others, to promote academic achievement and independence; and

(3) curriculum, instruction and managing learning environments for students with disabilities, including instructional and assistive technology.

6. Clause (b) of subparagraph (vi) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended, a new clause (c) shall be added to subparagraph (vi), and the former clause (c) of subparagraph (vi) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be renumbered clause (d) as follows:

(b) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete six semester hours of coursework appropriate to the developmental level of the certificate. In addition to such prescribed pedagogical core, the candidate shall complete three semester hours in teaching literacy skills and 12 semester hours of coursework that includes study in each of the following subjects:

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete six semester hours of coursework appropriate to the student developmental level of the certificate sought. In addition to such prescribed pedagogical core, the candidate shall complete three semester hours in language acquisition and literacy development of English language learners and 12 semester hours of coursework that includes study in each of the following subjects:

7. Clause (b) of subparagraph (viii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended, a new clause (c) shall be added to subparagraph (viii), and the former clause (c) of subparagraph (viii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be numbered clause (d) as follows:

(b) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete six semester hours of coursework appropriate to the student developmental level of the certificate sought. In addition to such prescribed pedagogical core, the candidate shall complete three semester hours in teaching literacy skills and 12 semester hours of coursework that includes study in each of the following subjects:

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete six semester hours of coursework appropriate to the student developmental level of the certificate sought. In addition to such prescribed pedagogical core, the candidate shall complete three semester hours in language acquisition and literacy development of English language learners and 12 semester hours of coursework that includes study in each of the following subjects:

8. Clause (b) of subparagraph (ix) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended, a new clause (c) shall be added to subparagraph (ix), and the former clause (c) of subparagraph (ix) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be numbered clause (d) as follows:

(b) Pedagogical core. In addition to the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete three semester hours in teaching literacy skills language acquisition and literacy development of English language learners and 12 semester hours of coursework that includes study in each of the following subjects:

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete three semester hours in language acquisition and literacy development of English language learners and 12 semester hours of coursework that includes study in each of the following subjects:

9. Clause (b) of subparagraph (x) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended, a new clause (c) shall be added to subparagraph (x), and the former clause (c) of subparagraph (x) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be numbered clause (d) as follows:

(b) Pedagogical core. In addition to the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete three semester hours in teaching literacy skills language acquisition and literacy development of English language learners and 12 semester hours of coursework that includes study in each of the following subjects:

(c) Pedagogical core. Within the pedagogical core prescribed in subparagraph (2)(v) of this subdivision, candidates who apply after September 1, 2026, must complete three semester hours in language acquisition and literacy development of English language learners and 12 semester hours of coursework that includes study in each of the following subjects:

10. Subclause (1) of clause (b) of subparagraph (xi) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended and a new subclause (2) shall be added to subparagraph (iii) as follows:

(1) In addition to the pedagogical core coursework prescribed in clause (2)(v)(a) of this subdivision, [the candidate shall] candidates who apply on or before September 1, 2026 must complete three semester hours in teaching literacy skills and six semester hours that includes study in each of the following subjects:

(2) In addition to the pedagogical core coursework prescribed in clause (2)(v)(a) of this subdivision, candidates who apply after September 1, 2026, must complete three semester hours in language acquisition and literacy development of English language learners and six semester hours that includes study in each of the following subjects:

11. Item (iv) of subclause (1) of clause (b) of subparagraph (xii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended, a new item (v) shall be added to subclause (1), and the former item (v) of subclause (1) of clause (b) of subparagraph (xii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be renumbered item (vi) as follows:

(iv) for candidates who apply on or before September 1, 2024, increasing the literacy skills of all students, six semester hours; [and]

(v) candidates who apply after September 1, 2026, increasing the literacy skills of all students, three semester hours, and language acquisition and literacy development of English language learners, three semester hours, and;

1. STATUTORY AUTHORITY:

Education Law 101 (not subdivided) charges the Department with the general management and supervision of all public schools and all of the educational work of the state.

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

Education Law 208 (not subdivided) authorizes the Regents to establish examinations to attainments in learning and may confer degrees on those who satisfactorily meet the prescribed requirements.

Education Law 215 authorizes the Regents and/or the Commissioner to visit, examine and inspect any institution in the university and any school or institution under the educational supervision of the state.

Education Law 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 2117 establishes that school authorities of each school district shall submit a full report to the Commissioner of Education about any matter relating to their schools, as required by the Commissioner.

Education Law 2854(1)(b) establishes that charter schools must meet the same health and safety, civil rights, and student assessment requirements applicable to other schools, except as otherwise provided.

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

Education Law 3004(1) authorizes the Commissioner to promulgate regulations governing the certification requirements for teachers employed in public schools.

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

Education Law 3204 provides that a minor child who enrolls in a public school or other school, and, by reason of foreign birth or ancestry has limited English proficiency, shall receive, for a period not to exceed six years from the date of enrollment, instruction that will enable him or her to develop academically while achieving competence in the English language.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment to § 52.21 and § 80-3.7 of the Commissioner’s Regulations to require teacher preparation programs in certain subject areas to provide at least three semester hours of study in language acquisition and literacy development of ELLs, and at least three semester hours of study in language acquisition and literacy development of all students. The total required semester hours on language acquisition and literacy development would remain the same at six semester hours in § 52.21. However, this revision ensures that at least three of the currently required six semester hours in language acquisition and literacy development are dedicated to the language acquisition and literacy development of ELLs.

A three-semester hour course in language acquisition and literacy development of ELLs would address topics such as ELL instructional needs, co-teaching strategies, and integrating language and content instruction for ELLs. The Office of Bilingual Education & English as a New Language provides educator resources on its website for Multilingual Learners/English Language Learners (MLLs/ELLs), including tools and best practices that could be used by teacher preparation programs in the development of their course.

3. NEEDS AND BENEFITS:

The New York State Next Generation P-12 Learning Standards for English Language Arts and Mathematics demand the ongoing preparation of prospective educators who enter the workforce able to provide rigorous instruction to foster the advanced literacy skills of ELLs. The Department has released a series of briefs on advanced literacy to aid educators in implementing the Next Generation Learning Standards.

The teacher preparation programs affected by the prosed amendments will better prepare teachers of early childhood education, childhood education, middle childhood education, and adolescence education; teachers of students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, and students with speech and language disabilities; teachers of English to speakers of other languages; and library media specialists. The revision would apply to these registered programs with candidates who first enroll in the fall 2022 semester and thereafter. Therefore, the first cohort of candidates in a traditional four-year program that will complete a three-semester hour course in language acquisition and literacy development of ELLs will graduate in spring 2026. This timeline provides teacher preparation programs with sufficient time to make revisions, if needed, to align their program requirements with the proposed amendment.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendments do not impose any costs on local government.

c. Costs to private regulated parties: The amendment do not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

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

8. ALTERNATIVES:

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

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

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 September 2019 meeting. If adopted at the September 2019 meeting, the proposed amendment will become effective on September 25, 2019.

1. EFFECT OF RULE:

The proposed amendment applies to institutions of higher education with teacher preparation programs; who have fewer than 100 employees.

2. COMPLIANCE REQUIREMENTS:

Technical amendments to the definitions, terms and compliance requirements set forth in § 52.21 and § 80-3.7 are necessary to require teacher preparation programs in certain subject areas to provide at least three semester hours of study in language acquisition and literacy development of ELLs and at least three semester hours of study in language acquisition and literacy development of all students. The total required semester hours on language acquisition and literacy development would remain the same at six semester hours in § 52.21. However, this amendment ensures that at least three of the currently required six semester hours in language acquisition and literacy development are dedicated to the language acquisition and literacy development of ELLs.

Furthermore, the New York State Next Generation P-12 Learning Standards for English Language Arts and Mathematics demand the ongoing preparation of prospective educators who enter the workforce able to provide rigorous instruction to foster the advanced literacy skills of ELLs. The Department has released a series of briefs on advanced literacy to aid educators in implementing the Next Generation Learning Standards.

The teacher preparation programs affected by this revision prepare teachers of early childhood education, childhood education, middle childhood education, and adolescence education; teachers of students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, and students with speech and language disabilities; teachers of English to speakers of other languages; and library media specialists. The revision would apply to these registered programs with candidates who first enroll in the fall 2022 semester and thereafter. Therefore, the first cohort of candidates in a traditional four-year program that will complete a three-semester hour course in language acquisition and literacy development of ELLs will graduate in spring 2026. This timeline provides teacher preparation programs with sufficient time to make revisions, if needed, to align their program requirements with the proposed amendment.

Since the coursework requirements for the individual evaluation pathway for certification are based on the educational study requirements for New York State approved teacher preparation programs, the Department is also proposing to change the pathway requirements for the certificate titles in the subject areas listed above from six semester hours in teaching literacy skills to three semester hours of study in language acquisition and literacy development of ELLs and three semester hours of teaching literacy skills. This revision would be effective for candidates who apply through individual evaluation pathway for certification after September 1, 2026 to match the implementation timeline for the proposed revisions in the teacher preparation programs.

3. NEEDS AND BENEFITS:

The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement the provisions of the New York State Next Generation P-12 Learning Standards for English Language Arts and Mathematics that require ongoing preparation of prospective educators who enter the workforce so they are able to provide rigorous instruction to foster the advanced literacy skills of ELLs. The Department has released a series of briefs on advanced literacy to aid educators in implementing the Next Generation Learning Standards.

4. PROFESSIONAL SERVICES:

The proposed amendment imposes no additional professional service requirements on institutions of higher education.

5. COMPLIANCE COSTS:

In general, the proposed rule does not impose any costs beyond those currently required by regulation; as the three required semester hours of language acquisition and literacy development should be incorporated into the already existing six semester hour requirement for language acquisition and literacy development.

6. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

7. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to implement the New York State Next Generation P-12 Learning Standards for English Language Arts and Mathematics, which demand the ongoing preparation of prospective educators who enter the workforce so they are able to provide rigorous instruction to foster the advanced literacy skills of ELLs. The Department has released a series of briefs on advanced literacy to aid educators in implementing the Next Generation Learning Standards.

The revision would apply to these registered programs with candidates who first enroll in the fall 2022 semester and thereafter. Therefore, the first cohort of candidates in a traditional four-year program that will complete a three-semester hour course in language acquisition and literacy development of ELLs will graduate in spring 2026. This timeline provides teacher preparation programs with sufficient time to make revisions, if needed, to align their program requirements with the proposed amendment.

Since the coursework requirements for the individual evaluation pathway for certification are based on the educational study requirements for New York State approved teacher preparation programs, the proposed amendment to change the pathway requirements for the certificate titles in the subject areas listed above from six semester hours in teaching literacy skills to three semester hours of study in language acquisition and literacy development of ELLs and three semester hours of teaching literacy skills is necessary to conform with the proposed amendment to § 52.21. This revision would be effective for candidates who apply through individual evaluation pathway for certification after September 1, 2026 to match the implementation timeline for the proposed revisions in the teacher preparation programs. Accordingly, no alternatives were considered.

8. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:

The Department will submit the regulation for public comment.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

This proposed amendment applies to all individuals in New York State who are teachers and teaching candidates of English Language Learners (ELLs), 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 Department proposes to amend § 52.21 and § 80-3.7 of the Commissioner’s Regulations to require teacher preparation programs in certain subject areas to provide at least three semester hours of study in language acquisition and literacy development of ELLs, and at least three semester hours of study in language acquisition and literacy development of all students. The total required semester hours on language acquisition and literacy development would remain the same at six semester hours in § 52.21. However, this revision ensures that at least three of the currently required six semester hours in language acquisition and literacy development are dedicated to the language acquisition and literacy development of ELLs.

A three-semester hour course in language acquisition and literacy development of ELLs would address topics such as ELL instructional needs, co-teaching strategies, and integrating language and content instruction for ELLs. The Office of Bilingual Education & English as a New Language provides educator resources on its website for Multilingual Learners/English Language Learners (MLLs/ELLs), including tools and best practices that could be used by teacher preparation programs in the development of their course.

Furthermore, the New York State Next Generation P-12 Learning Standards for English Language Arts and Mathematics demand the ongoing preparation of prospective educators who enter the workforce able to provide rigorous instruction to foster the advanced literacy skills of ELLs. The Department has released a series of briefs on advanced literacy to aid educators in implementing the Next Generation Learning Standards.

The teacher preparation programs affected by this revision prepare teachers of early childhood education, childhood education, middle childhood education, and adolescence education; teachers of students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, and students with speech and language disabilities; teachers of English to speakers of other languages; and library media specialists. The revision would apply to these registered programs commencing on September 1, 2022. Therefore, the first cohort of candidates in a traditional four-year program that will complete a three-semester hour course in language acquisition and literacy development of ELLs will graduate in spring 2026. This timeline provides teacher preparation programs with sufficient time to make revisions, if needed, to align their program requirements with the proposed amendment.

Since the coursework requirements for the individual evaluation pathway for certification are based on the educational study requirements for New York State approved teacher preparation programs, the Department is also proposing to change the pathway requirements for the certificate titles in the subject areas listed above from six semester hours in teaching literacy skills to three semester hours of study in language acquisition and literacy development of ELLs and three semester hours of teaching literacy skills. This revision would be effective for candidates who apply through individual evaluation pathway for certification after September 1, 2026 to match the implementation timeline for the proposed revisions in the teacher preparation programs.

3. COSTS:

The proposed amendment does not impose any costs on teacher certification candidates and/or the New York State school districts/BOCES who wish to hire them. In addition, no additional costs are imposed on teacher preparation programs since the three semester hours of language acquisition for ELL’s is part of the currently required six semester hours on language acquisition.

4. MINIMIZING ADVERSE IMPACT:

The Department believes that uniform standards for 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:

Copies of the proposed amendments have been provided to Rural Advisory Committee for review and comment.

The purpose of the proposed amendment to § 52.21 and § 80-3.7 of the Commissioner’s Regulations to require teacher preparation programs in certain subject areas to provide at least three semester hours of study in language acquisition and literacy development of ELLs. The total required semester hours on language acquisition and literacy development would remain the same at six semester hours in § 52.21, three of which would be focused on language acquisition and literacy development of ELL’s.

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.