(3) Substitutes without a valid certificate and who are not working towards certification.

(i) [Service] Except as otherwise provided in subparagraph (ii) of this paragraph, service may be rendered for no more than 40 days by a school district or board of cooperative educational services in a school year. [Provided, however, that in]

(ii) In extreme circumstances where there is an urgent need for a substitute teacher and the district has undertaken a good faith recruitment search for a properly certified candidate, and determined that there are no available certified teachers to perform the duties of such position, a substitute teacher, without a valid teaching certificate and who is not working towards certification, may be employed by the school district or board of cooperative educational services beyond the 40-day limit, for up to an additional 50 days (90 days total in a school year), if the district superintendent (for districts that are a component district of a board of cooperative educational services and boards of cooperative educational services) or the superintendent (for school districts that are not a component district of a board of cooperative educational services) certifies that the district or board of cooperative educational services, as applicable, has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of such position. In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days, if a district superintendent or superintendent attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of such positon and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year. The provisions of this subparagraph shall be applicable until June 30, 2018.

(d) Reporting. The chief school officer of each school district and the district superintendent of each board of cooperative educational services shall submit an annual report concerning the employment of all uncertified substitute teachers to the commissioner on forms prescribed by the commissioner, which shall include the number of substitute teachers authorized to be employed beyond the 40 day limit until June 30, 2018 for the limited circumstances described in paragraph [(c)(3)] (c)(3)(ii) of this section, with the required certification(s) from the district superintendent or superintendent, as applicable, for each substitute teacher employed beyond the 40 day limit, certifying that a good faith recruitment search was conducted and that there were no available certified teachers that could perform the duties of such position. The annual report shall also include the number of substitute teachers authorized to be employed beyond the 90 days limit until June 30, 2018 for the limited circumstances described in paragraph [(c)(3)] (c)(3)(ii) of this section, with the required certification(s) from the district superintendent or superintendents, as applicable, for each substitute teacher employed beyond the 90 day limit, certifying that a good faith recruitment search was conducted and that there were no available certified teachers that could perform the duties of such position and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.

1. STATUTORY AUTHORITY:

Education Law 101(not subdivided) charges the Department with the general management and supervision 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 210 (not subdivided) authorizes the Regents to register domestic and foreign institutions in terms of New York standards.

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 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 3006(1) authorizes the Commissioner to issue certificates to teachers.

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

2. LEGISLATIVE OBJECTIVES:

The proposed rule relates to the employment of substitute teachers without a valid teaching certificate beyond the 40 day limit in specific circumstances.

3. NEEDS AND BENEFITS:

In July 2016, the Board of Regents adopted an amendment allowing school districts and BOCES to employ an individual without a valid teaching certificate as a substitute teacher beyond the 40 day limit, for up to an additional 50 days (90 days total) in limited circumstances where the district superintendent (for districts that are a component district of a board of cooperative educational services or a BOCES) or the superintendent (for districts that are not a component district of a board of cooperative education services) certifies that the district or BOCES, as applicable, has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of such position. In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days if a district superintendent or superintendent attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of such positon and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.

Proposed Amendment:

Based on feedback from the Board of Regents, the Department is including an amendment to the rule that sunsets this provision after two years—June 30, 2018. The sunset provision allows the amendment to address short term teacher shortage concerns while allowing the Department to continuously work towards a long term solution.

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, including school districts and BOCES.

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, school districts or BOCES.

6. PAPERWORK:

The amendment does not require any additional paperwork requirements upon state or local government, the State Education Department, school districts, or BOCES.

7. DUPLICATION:

The rule does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The proposed amendment was added in response to concerns raised by the Board of Regents. No alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards related to the amendment.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be adopted by the Board of Regents at its December 2016 meeting. If adopted by the Board of Regents at the December 2016 meeting, the proposed amendment will become effective on December 28, 2016 and the proposed amendment will sunset on June 30, 2018.

(a) Small businesses:

The Board of Regents adopted an amendment at its July 2016 meeting, commencing with the 2016-2017 school year, to allow school districts and BOCES to employ an individual without a valid teaching certificate (and who is not pursuing certification) as a substitute teacher beyond the current 40 day limit, for up to an additional 50 days (90 days total) in limited circumstances where the district superintendent or superintendent certifies that the district or BOCES has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of such position. In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days, if a district superintendent or superintendent attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of such positon and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year. The proposed amendment sunsets this provision on June 30, 2018 in order to address concerns raised by the Board of Regents in response to the rule adopted at its July 2016 meeting.

The amendment does not impose any new recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small business. 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 one were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

If adopted at the September 2016 Board of Regents meeting, the proposed amendment will simply cause the new rule adopted by the Board in July to sunset on June 30, 2018.

2. COMPLIANCE REQUIREMENTS:

The Board of Regents adopted an amendment to section 80-5.4 of the Commissioner’s regulations at its July 2016 meeting, commencing with the 2016-2017 school year, to allow district and BOCES to employ an individual without a valid teaching certificate (and who is not pursuing certification) as a substitute teacher beyond the current 40 day limit, for up to an additional 50 days (90 days total) in limited circumstances where the district superintendent or superintendent certifies that the district or BOCES has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of such position. In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days, if a district superintendent or superintendent attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of such positon and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.

Proposed Amendment:

Based on feedback from the Board of Regents, the Department is including an amendment to the substitute teacher rule discussed above that sunsets this provision after two years—on June 30, 2018. This address the Boards concern with allowing uncertified individuals to be employed as substitute teachers beyond the 40 day limit—they view the provision as a short term solution as opposed to a long term solution. The sunset provision allows the amendment to address short term teacher shortage concerns while allowing the Department to continuously work towards a long term solution.

3. PROFESSIONAL SERVICES:

The proposed rule does not impose any additional professional services requirements on local governments.

4. COMPLIANCE COSTS:

There are no additional costs on local governments.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The rule does not impose any additional technological requirements on districts or BOCES.

6. MINIMIZING ADVERSE IMPACT:

The rule adopted in July seeks to address the issue of school districts having difficulty finding certified teachers to serve as substitute teachers, as this concern was raised by the field; the proposed amendment simply sunsets this provision on June 30, 2018. This rule applies equally to all school districts and BOCES throughout the State.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the rule have been provided to Superintendents and District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

This proposed amendment applies to all districts and BOCES in New York employing substitute teachers, including those 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 Board of Regents adopted an amendment to section 80-5.4 of the Commissioner’s regulations at its July 2016 meeting, commencing with the 2016-2017 school year, to allow district and BOCES to employ an individual without a valid teaching certificate (and who is not pursuing certification) as a substitute teacher beyond the current 40 day limit, for up to an additional 50 days (90 days total) in limited circumstances where the district superintendent or superintendent certifies that the district or BOCES has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of such position. In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days, if a district superintendent or superintendent attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of such positon and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.

Proposed Amendment:

Based on feedback from the Board of Regents, the Department is including an amendment to the substitute teacher rule discussed above that sunsets this provision after two years—on June 30, 2018. This address the Boards concern with allowing uncertified individuals to be employed as substitute teachers beyond the 40 day limit—they view the provision as a short term solution as opposed to a long term solution. The sunset provision allows the amendment to address short term teacher shortage concerns while allowing the Department to continuously work towards a long term solution.

3. COSTS:

The proposed amendment does not impose any costs on school districts or BOCES across the State, including those located in rural areas of the State.

4. MINIMIZING ADVERSE IMPACT:

Because the qualifications of substitute teachers apply across the State, the proposed amendment applies equally to all school districts and BOCES throughout the State.

5. RURAL AREA PARTICIPATION:

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

At its July 2016 meeting, the Board of Regents adopted amendments to section 80-5.4 of the Commissioner’s regulations to allow school districts and BOCES to employ a substitute teacher without a valid teaching certificate beyond the current 40 day limit in specific limited circumstances. At the request of the Board of Regents, the proposed amendment sunsets this provision after two years—June 30, 2018 in order to address the concern that the employment of uncertified substitutes for periods longer than 40 days is not a long-term solution to the shortage of substitute teachers.

Because the proposed amendment simply adds a sunset provision to a rule that was initially approved by the Board in order to address an issue raised by the field in employing substitute teachers, it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, and no further 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.