Grade-Level Extensions for Certain Candidates Who Hold a Students with Disabilities Generalist ...
NY-ADR
6/27/18 N.Y. St. Reg. EDU-52-17-00011-A
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 26
June 27, 2018
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-52-17-00011-A
Filing No. 535
Filing Date. Jun. 12, 2018
Effective Date. Jun. 27, 2018
Grade-Level Extensions for Certain Candidates Who Hold a Students with Disabilities Generalist Certificate
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 80-4.3 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101, 207, 210, 215, 305, 3001, 3004 and 3009
Subject:
Grade-level extensions for certain candidates who hold a Students with Disabilities Generalist certificate.
Purpose:
To expand the pool of qualified teachers of students with disabilities is to extend the grade levels in which they can teach.
Text or summary was published
in the December 27, 2017 issue of the Register, I.D. No. EDU-52-17-00011-P.
Final rule as compared with last published rule:
No changes.
Revised rule making(s) were previously published in the State Register on
March 28, 2018 and April 25, 2018.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, NYS Education Department, Office of Counsel, 89 Washington Avenue, Room 112, Albany, NY 12234, (518) 474-6400, email: [email protected]
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
Since publication of the Revised Rule Making in the State Register on April 25, 2018, the State Education Department (SED) received several comments:
1. COMMENT:
Commenter is concerned that the proposed regulation excludes candidates employed in charter schools from being eligible to apply for an extension and would not count a candidate’s satisfactory experience teaching special education in a charter school towards the extension requirements. Commenter states that charter schools should be properly interpreted as covered within the term “public school districts” in the proposed subdivisions articulating the teaching experience requirements. However, in commenter’s experience with other sections of the Commissioner’s Regulations, a failure to explicitly include charter schools in the text of the regulation causes needless confusion. Commenter suggests explicitly including charter schools in the categories of schools listed in the subdivisions where satisfactory teaching experience may count toward a grade-level extension request.
DEPARTMENT RESPONSE:
Charter schools are not included in the phrase “public school districts” and therefore are not included in the list of school settings in which teaching experience would be considered for the proposed extension.
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