Proposed Amendments to 8 NYCRR 52.21:

The proposed rule amends section 52.21 titled “Registration of curricula in teacher education”, removing the general education core in the liberal arts and sciences requirement contained in clause 52.21(b)(2)(ii)(a) and making corresponding amendments to references throughout such section.

Proposed Amendments to 8 NYCRR 52.21:

The proposed rule amends section 80-3.7 titled “Satisfaction of education requirements for certification in the classroom teaching service through individual evaluation”, removing the general education core in the liberal arts and sciences requirement in subparagraph 80-3.7(a)(2)(iii) and making corresponding amendments to references throughout such section.

1. STATUTORY AUTHORITY:

Education Law § 14 authorizes the Commissioner to prescribe regulations pertaining to certification and licensing requirements of a classroom teacher.

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 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law § 208 authorizes the Board of Regents to confer certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed by them.

Education Law § 305 authorizes the Commissioner to enforce the educational policies of this State and execute all educational policies determined by the Regents and shall prescribe the licensing of teachers employed in this State.

Education Law § 308 authorizes the Commissioner to institute such proceedings and processes as may be necessary to enforce and implement any law pertaining to the school system of the state or any part thereof or to any school district or city.

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

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

Education Law § 3009 prohibits school districts from paying the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above legislative authority and is necessary to implement Regents’ policy of addressing barriers to certification during this period of significant teacher shortages. The proposed amendment addresses such by removing the general education core in the liberal arts and sciences requirement for registered teacher preparation programs and the individual evaluation pathway to teacher certification, because candidates are already completing a distribution of liberal arts and science for their undergraduate degree, making the requirement an unnecessary obstacle to program completion. Additionally, the proposed amendment provides teacher preparation programs greater flexibility to offer coursework in the content core and pedagogical core.

3. NEEDS AND BENEFITS:

To obtain an undergraduate degree in New York State, all students, including those enrolled in teacher preparation programs, must complete a minimum amount of liberal arts and sciences (LAS) coursework. The precise amount depends upon the degree (8 NYCRR 3.47). Institutions of higher education (IHEs) typically require LAS coursework across a range of disciplines as an undergraduate degree requirement. In addition, the Middle States Commission on Higher Education requires those IHEs which it accredits to ensure that undergraduates complete a general education program that includes coursework in oral and written communication, scientific and quantitative reasoning, critical analysis and reasoning, technological competency, and information literacy.

Section 52.21 of the Commissioner’s regulations require that most registered teacher preparation programs ensure that candidates complete coursework in the following three core areas:

• General education core in the liberal arts and sciences. Candidates complete study in the liberal arts and sciences, including artistic expression, communication, information retrieval, concepts in history and social sciences, humanities, a world language other than English, scientific and mathematical processes, and written analysis and expression.

• Content core. Candidates complete a major or its equivalent of at least 30 semester hours in the subject area(s) of the certificate sought, which prepares them with the knowledge base to teach the subject area(s) in accordance with the State learning standards for students, as prescribed in Part 100 of this Title. This, in turn, prepares them for refining and expanding that knowledge base.

• Pedagogical core. Candidates complete study in specified pedagogical knowledge, understanding, and skills, and field experiences, student teaching, and/or practica.

The Department is proposing to remove the general education core in LAS requirement for registered teacher preparation programs because candidates are already completing a distribution of liberal arts and science for their undergraduate degree, making the requirement an unnecessary obstacle to program completion.

By removing this requirement, undergraduate teacher preparation programs may have greater flexibility to offer coursework in the content core and pedagogical core. Additionally, undergraduate programs would still need to meet the degree requirements of having a specified minimum amount of LAS coursework and at least 120 semester hours for the undergraduate degree (8 NYCRR 3.47(c) and 52.2(c)(7)).

For candidates in graduate teacher preparation programs, the general education core in LAS is completed during their undergraduate degree. If a candidate entering a graduate program has not met one or more of the requirements of the general education core in LAS, the institution must require them to take additional LAS coursework to complete the requirement. Faculty in graduate teacher preparation programs have expressed that this requirement presents an unnecessary obstacle to program completion.

For similar reasons, the Department proposes to eliminate the general education core in LAS requirement for candidates seeking teacher certification outside of a New York State registered teacher preparation program via the individual evaluation pathway. These candidates are required to complete 30 semester hours of coursework that includes study in each of the following subjects: artistic expression, communication, information retrieval, concepts in history and social sciences, humanities, a world language other than English, scientific and mathematical processes, and written analysis and expression.

As with candidates enrolled in teacher preparation programs, these candidates have typically completed such requirements during their bachelor’s degree, which is required to satisfy the individual evaluation pathway. They would also continue to need to complete the content core and pedagogical core requirements for certification via the individual evaluation pathway.

This proposal removes a potential barrier to teacher certification and is intended to alleviate current teacher shortages.

4. COSTS:

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

b. Costs to local government: The amendment does not impose any costs on local government.

c. Costs to private regulated parties: The amendment does 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:

The proposed amendment implements Regents’ policy of addressing barriers to certification during this period of significant teacher shortages by removing the general education core in the liberal arts and sciences requirement for registered teacher preparation programs and the individual evaluation pathway to teacher certification. Candidates are already completing a distribution of liberal arts and science for their undergraduate degree, making the requirement an unnecessary obstacle to program completion. Additionally, the proposed amendment provides teacher preparation programs greater flexibility to offer coursework in the content core and pedagogical core. No alternatives to the proposed amendment were considered.

9. FEDERAL STANDARDS:

There are no Federal standards that establish requirements for the certification of teachers for service in the State's public schools.

10. COMPLIANCE SCHEDULE:

A Notice of Proposed Rule Making will be published in the State Register on December 29, 2021. 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 April 2023 meeting. If adopted at the April 2023 meeting, the proposed amendment will become effective on April 27, 2022. It is anticipated that regulated parties will be able to comply by the stated effective date.

In order to address barriers to certification during this period of significant teacher shortages, the proposed amendment removes the general education core in the liberal arts and sciences requirement for registered teacher preparation programs and the individual evaluation pathway to teacher certification. Candidates are already completing a distribution of liberal arts and science for their undergraduate degree, making the requirement an unnecessary obstacle to program completion. Additionally, the proposed amendment provides teacher preparation programs greater flexibility to offer coursework in the content core and pedagogical core.

For similar reasons, the Department proposes to eliminate the general education core in LAS requirement for candidates seeking teacher certification outside of a New York State registered teacher preparation program via the individual evaluation pathway. These candidates are required to complete 30 semester hours of coursework that includes study in each of the following subjects: artistic expression, communication, information retrieval, concepts in history and social sciences, humanities, a world language other than English, scientific and mathematical processes, and written analysis and expression.

As with candidates enrolled in teacher preparation programs, these candidates have typically completed such requirements during their bachelor’s degree, which is required to satisfy the individual evaluation pathway. They would also continue to need to complete the content core and pedagogical core requirements for certification via the individual evaluation pathway.

This proposal removes a potential barrier to teacher certification and is intended to alleviate current teacher shortages. The amendment does 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 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.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all teacher preparation programs in New York State 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 is proposing to remove the general education core in LAS requirement for registered teacher preparation programs because candidates are already completing a distribution of liberal arts and science for their undergraduate degree, making the requirement an unnecessary obstacle to program completion.

By removing this requirement, undergraduate teacher preparation programs may have greater flexibility to offer coursework in the content core and pedagogical core. Additionally, undergraduate programs would still need to meet the degree requirements of having a specified minimum amount of LAS coursework and at least 120 semester hours for the undergraduate degree (8 NYCRR 3.47(c) and 52.2(c)(7)).

For candidates in graduate teacher preparation programs, the general education core in LAS is completed during their undergraduate degree. If a candidate entering a graduate program has not met one or more of the requirements of the general education core in LAS, the institution must require them to take additional LAS coursework to complete the requirement. Faculty in graduate teacher preparation programs have expressed that this requirement presents an unnecessary obstacle to program completion.

For similar reasons, the Department proposes to eliminate the general education core in LAS requirement for candidates seeking teacher certification outside of a New York State registered teacher preparation program via the individual evaluation pathway. These candidates are required to complete 30 semester hours of coursework that includes study in each of the following subjects: artistic expression, communication, information retrieval, concepts in history and social sciences, humanities, a world language other than English, scientific and mathematical processes, and written analysis and expression.

As with candidates enrolled in teacher preparation programs, these candidates have typically completed such requirements during their bachelor’s degree, which is required to satisfy the individual evaluation pathway. They would also continue to need to complete the content core and pedagogical core requirements for certification via the individual evaluation pathway.

This proposal removes a potential barrier to teacher certification and is intended to alleviate current teacher shortages and does not impose any reporting, recordkeeping or other compliance requirements on teacher preparation programs nor does it require any professional services to comply.

3. COSTS:

The proposed amendment does not impose any costs on the State, local governments, private regulated parties or the State Education Department.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment does not impose any additional compliance requirements or costs on teacher candidates or teacher preparation programs and instead provides flexibility be removing the general core in LAS requirement. The State Education Department does not believe any changes for candidates who live or work in rural areas or teacher preparation programs located in rural areas is warranted because uniform standards for certification are necessary across the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to the New York Association of Colleges for Teacher Education and New York State United Teachers, who have members in rural areas, for review and comment.

In order to address barriers to certification during this period of significant teacher shortages, the proposed amendment removes the general education core in the liberal arts and sciences requirement for registered teacher preparation programs and the individual evaluation pathway to teacher certification. Candidates are already completing a distribution of liberal arts and science for their undergraduate degree, making the requirement an unnecessary obstacle to program completion. Additionally, the proposed amendment provides teacher preparation programs greater flexibility to offer coursework in the content core and pedagogical core.

For similar reasons, the Department proposes to eliminate the general education core in LAS requirement for candidates seeking teacher certification outside of a New York State registered teacher preparation program via the individual evaluation pathway. These candidates are required to complete 30 semester hours of coursework that includes study in each of the following subjects: artistic expression, communication, information retrieval, concepts in history and social sciences, humanities, a world language other than English, scientific and mathematical processes, and written analysis and expression.

As with candidates enrolled in teacher preparation programs, these candidates have typically completed such requirements during their bachelor’s degree, which is required to satisfy the individual evaluation pathway. They would also continue to need to complete the content core and pedagogical core requirements for certification via the individual evaluation pathway.

This proposal removes a potential barrier to teacher certification and is intended to alleviate current teacher shortages. 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.