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

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment to add a new Section 80-3.16 of the Regulations of the Commissioner of Education is to allow candidates who complete a speech-language pathology program accredited by ASHA to obtain an Initial certificate in speech and language disabilities (all grades). In New York State, candidates can obtain this certificate by completing an approved teacher education program in speech and language disabilities or meeting certification requirements through individual evaluation, which includes completion of a college-supervised practicum of 150 hours. However, most other states do not require completion of a teacher education program for individuals to provide speech services in a school or have speech language pathology programs that may include very little pedagogical coursework for classroom instruction. As such, most institutions of higher education outside of New York do not have separate teacher education programs in speech and language disabilities. Rather, most other states require completion of a program accredited by the American Speech, Language, and Hearing Association (ASHA) for individuals to provide speech services in school.

3. NEEDS AND BENEFITS:

There is currently a shortage of teachers in the area of speech and language disabilities in districts across the state. To help alleviate this shortage area, the proposed certification pathway for candidates who complete a speech-language pathology program accredited by ASHA would provide another option for qualified candidates both out of state and in New York to obtain an Initial certificate in speech and language disabilities (all grades).

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:

It is anticipated that the proposed amendment will be permanently adopted by the Board of Regents at its September 2018 meeting. If adopted at the September meeting, the proposed amendment will become effective on October 3, 2018.

The purpose of the proposed amendment to add a new Section 80-3.16 of the Regulations of the Commissioner of Education is to allow candidates who complete a speech-language pathology program accredited by ASHA to obtain an Initial certificate in speech and language disabilities (all grades). In New York State, candidates can obtain this certificate by completing an approved teacher education program in speech and language disabilities or meeting certification requirements through individual evaluation, which includes completion of a college-supervised practicum of 150 hours. However, most other states do not require completion of a teacher education program for individuals to provide speech services in a school or have speech language pathology programs that may include very little pedagogical coursework for classroom instruction. As such, most institutions of higher education outside of New York do not have separate teacher education programs in speech and language disabilities. Rather, most other states require completion of a program accredited by the American Speech, Language, and Hearing Association (ASHA) for individuals to provide speech services in school.

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 amendment that it does 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:

This proposed amendment applies to all individuals in New York State who complete a speech-language pathology program accredited by the American Speech, Language, and Hearing Association (ASHA) and pursue an Initial certificate in the classroom teaching service in speech and language disabilities (all grades), 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 add a new Section 80-3.16 of the Regulations of the Commissioner of Education is to allow candidates who complete a speech-language pathology program accredited by ASHA to obtain an Initial certificate in speech and language disabilities (all grades). In New York State, candidates can obtain this certificate by completing an approved teacher education program in speech and language disabilities or meeting certification requirements through individual evaluation, which includes completion of a college-supervised practicum of 150 hours. However, most other states do not require completion of a teacher education program for individuals to provide speech services in a school or have speech language pathology programs that may include very little pedagogical coursework for classroom instruction. As such, most institutions of higher education outside of New York do not have separate teacher education programs in speech and language disabilities. Rather, most other states require completion of a program accredited by the American Speech, Language, and Hearing Association (ASHA) for individuals to provide speech services in school.

There is currently a shortage of teachers in the area of speech and language disabilities in districts across the state. To help alleviate this shortage area, the proposed certification pathway for candidates who complete a speech-language pathology program accredited by ASHA would provide another option for qualified candidates both out of state and in New York to obtain an Initial certificate in speech and language disabilities (all grades).

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.

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 add a new Section 80-3.16 of the Regulations of the Commissioner of Education is to allow candidates who complete a speech-language pathology program accredited by ASHA to obtain an Initial certificate in speech and language disabilities (all grades).

There is currently a shortage of teachers in the area of speech and language disabilities in districts across the state. To help alleviate this shortage area, the proposed certification pathway for candidates who complete a speech-language pathology program accredited by ASHA would provide another option for qualified candidates both out of state and in New York to obtain an Initial certificate in speech and language disabilities (all grades).

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.