(47) Year of experience for permanent or professional certification means [the following:

(i) a minimum of 180 days of full-time, continuous school experience in the subject or area of certification completed within a 12-month period;

(ii) a minimum of 180 days of full-time continuous school experience in the subject or area of certification completed in periods of no less than 90 days each within a 12-month period;

(iii) a minimum of 360 days of part-time continuous school experience consisting of an average of 2.5 days per week in the subject or area of certification and completed in periods of no less than 90 days each within a 12-year period; or

(iv) a minimum of 360 days of part-time school experience, which shall include at least 45 days of part-time continuous school experience within a 12-year period in the subject area of the certificate sought, consisting of at least of one class period each day with a consistent group of students during such time period.]a minimum of 180 days in a 12-month period of full-time satisfactory experience, or its equivalent, in an educational setting acceptable to the Department.

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-mentioned statutory authority. The purpose of the proposed amendment to section 80-1.1 of the Regulations of the Commissioner of Education is to provide more flexibility in calculating a year of experience, permitting a variety of part-time experiences that could be equivalent to 180 or more days of full-time experience in a 12-month period.

3. NEEDS AND BENEFITS:

Candidates in the classroom teaching, educational leadership, and pupil personnel service must complete at least two years of acceptable experience for the Permanent certificate and at least three years of experience for the Professional certificate. Section 80-1.1(b)(47) of the Commissioner’s regulations currently defines a year of experience for Permanent or Professional certification as:

• a minimum of 180 days of full-time, continuous school experience in the subject or area of certification completed within a 12-month period;

• a minimum of 180 days of full-time continuous school experience in the subject or area of certification completed in periods of no less than 90 days each within a 12-month period;

• a minimum of 360 days of part-time continuous school experience consisting of an average of 2.5 days per week in the subject or area of certification and completed in periods of no less than 90 days each within a 12-year period; or

• a minimum of 360 days of part-time school experience, which shall include at least 45 days of part-time continuous school experience within a 12-year period in the subject area of the certificate sought, consisting of at least of one class period each day with a consistent group of students during such time period.

This definition requires candidates to have school experience in the subject area of the Permanent or Professional certificate sought. The experience must also be continuous for a minimum number of days within a 12-month period. In addition, the definition only permits four ways to calculate a year of experience and does not allow for many other types of experiences that educators may complete.

To allow for additional types of experiences, the Department is proposing to revise the definition to provide a single definition of a year of experience for Permanent or Professional certification, which would be defined as:

• a minimum of 180 days in a 12-month period of full-time satisfactory experience, or its equivalent, in an educational setting acceptable to the Department.

The proposed definition provides more flexibility in calculating a year of experience, permitting a variety of part-time experiences that could be equivalent to 180 or more days of full-time experience in a 12-month period. The definition would no longer require periods of continuous experience or experience in the subject area of the certificate sought. For example, substitute teaching experience that is not continuous and/or not in the subject area of the certificate sought could nevertheless be considered towards a year of experience.

The proposed definition would also allow for experience in educational settings acceptable to the Department other than schools, such as specified early childhood settings. In addition, the proposed definition is less convoluted and similar to the streamlined definition of a “year of occupational or work experience” listed in section 80-1.1(b)(48) of the Commissioner’s regulations as “a minimum of 10 months in a calendar year of full-time satisfactory employment in an appropriate occupational field.”

By allowing additional types of experiences in the definition of a year of experience, more candidates would have their experiences considered for their Permanent and Professional certificate applications and the number of qualified candidates who receive these certificates would increase during this time of educator shortages. Candidates would continue to need to meet the experience requirement for the Permanent or Professional certificate sought, which may include experience in schools and/or specific areas.

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 necessary to provide more flexibility in calculating a year of experience, permitting a variety of part-time experiences that could be equivalent to 180 or more days of full-time experience in a 12-month period. Therefore, 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 March 2022 meeting. If adopted at the March 2022 meeting, the proposed amendment will become effective on March 30, 2022. It is anticipated that regulated parties can achieve compliance with the proposed rule by its effective date.

The proposed amendment applies to all higher education institutions 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.

The purpose of the proposed amendment to section 80-1.1 of the Regulations of the Commissioner of Education relating to the definition of a year of experience for Permanent or Professional Certification is to provide more flexibility in calculating a year of experience, permitting a variety of part-time experiences that could be equivalent to 180 or more days of full-time experience in a 12-month period.

The amendment does not 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 technical amendment 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 is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all higher education institutions 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 purpose of the proposed amendment to section 80-1.1 of the Regulations of the Commissioner of Education relating to the definition of a year of experience for Permanent or Professional Certification is to provide more flexibility in calculating a year of experience, permitting a variety of part-time experiences that could be equivalent to 180 or more days of full-time experience in a 12-month period.

Candidates in the classroom teaching, educational leadership, and pupil personnel service must complete at least two years of acceptable experience for the Permanent certificate and at least three years of experience for the Professional certificate. Section 80-1.1(b)(47) of the Commissioner’s regulations currently defines a year of experience for Permanent or Professional certification as:

• a minimum of 180 days of full-time, continuous school experience in the subject or area of certification completed within a 12-month period;

• a minimum of 180 days of full-time continuous school experience in the subject or area of certification completed in periods of no less than 90 days each within a 12-month period;

• a minimum of 360 days of part-time continuous school experience consisting of an average of 2.5 days per week in the subject or area of certification and completed in periods of no less than 90 days each within a 12-year period; or

• a minimum of 360 days of part-time school experience, which shall include at least 45 days of part-time continuous school experience within a 12-year period in the subject area of the certificate sought, consisting of at least of one class period each day with a consistent group of students during such time period.

This definition requires candidates to have school experience in the subject area of the Permanent or Professional certificate sought. The experience must also be continuous for a minimum number of days within a 12-month period. In addition, the definition only permits four ways to calculate a year of experience and does not allow for many other types of experiences that educators may complete.

To allow for additional types of experiences, the Department is proposing to revise the definition to provide a single definition of a year of experience for Permanent or Professional certification, which would be defined as:

• a minimum of 180 days in a 12-month period of full-time satisfactory experience, or its equivalent, in an educational setting acceptable to the Department.

The proposed definition provides more flexibility in calculating a year of experience, permitting a variety of part-time experiences that could be equivalent to 180 or more days of full-time experience in a 12-month period. The definition would no longer require periods of continuous experience or experience in the subject area of the certificate sought. For example, substitute teaching experience that is not continuous and/or not in the subject area of the certificate sought could nevertheless be considered towards a year of experience.

The proposed definition would also allow for experience in educational settings acceptable to the Department other than schools, such as specified early childhood settings. In addition, the proposed definition is less convoluted and similar to the streamlined definition of a “year of occupational or work experience” listed in section 80-1.1(b)(48) of the Commissioner’s regulations as “a minimum of 10 months in a calendar year of full-time satisfactory employment in an appropriate occupational field.”

By allowing additional types of experiences in the definition of a year of experience, more candidates would have their experiences considered for their Permanent and Professional certificate applications and the number of qualified candidates who receive these certificates would increase during this time of educator shortages. Candidates would continue to need to meet the experience requirement for the Permanent or Professional certificate sought, which may include experience in schools and/or specific areas.

3. COSTS:

The proposed amendment does not impose any costs on institutional candidates and/or the New York State school districts or the BOCES.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendments apply equally to all institutions of higher education, regardless of location or size. No alternatives were considered for those institutions located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to the New York Association of Colleges for Teacher Education for review and comment.

The purpose of the proposed amendment to section 80-1.1 of the Regulations of the Commissioner of Education relating to the definition of a year of experience for Permanent or Professional Certification is to provide more flexibility in calculating a year of experience, permitting a variety of part-time experiences that could be equivalent to 180 or more days of full-time experience in a 12-month period. 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.