Reissuances of Initial Certificates and Supplementary Certificates for Teacher Certification

NY-ADR

1/25/17 N.Y. St. Reg. EDU-04-17-00007-P
NEW YORK STATE REGISTER
VOLUME XXXIX, ISSUE 4
January 25, 2017
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-04-17-00007-P
Reissuances of Initial Certificates and Supplementary Certificates for Teacher Certification
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 80-1.8 and 80-5.18 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 305, 5001 through 5010(all subdivisions); and L. 2016, ch. 475
Subject:
Reissuances of initial certificates and supplementary certificates for teacher certification.
Purpose:
Provide flexibility to teacher candidates who apply for a reissuance of an initial certificate or a supplementary certificate.
Text of proposed rule:
1. Subdivision (a) of section 80-1.8 of the Regulations of the Commissioner of Education shall be amended to read as follows:
(a) The holder of an initial certificate whose certificate has expired and who has not successfully completed three school years of teaching experience, or its equivalent, as is required for a professional certificate, shall be reissued an initial certificate on one occasion only, for a period of five years from the date of reissuance.
(1) [For candidates applying for a reissuance on or before September 1, 2013, any candidate whose certificate has been expired for two or more years at the time of application for the reissuance shall meet the requirements in subparagraphs (i) and (ii) of this paragraph. For candidates] Candidates applying for a reissuance [on or after September 1, 2013, all candidates applying for a reissuance] shall meet the requirements in the following paragraphs:
(i) The candidate shall have successfully completed 75 clock hours of acceptable professional development (PD) and/or 50 clock hours of acceptable continuing teacher and leader education (CTLE), and/or a combination thereof prorated in a manner determined by the Department. Such PD and/or CTLE shall be completed within [the] one year prior to the [submission of his/her] Department’s receipt of a completed application [to the department for the reissued certificate.] or within one year after the Department’s receipt of such completed application for the reissuance of the initial certificate. The definition of acceptable [professional development] PD and the measurement of [professional development] PD study shall be that [prescribed] defined in section 80-3.6 of this Part and the definition of acceptable CTLE and the measurement of CTLE shall be that prescribed in Subpart 80-6 of this Part.
(ii) The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination content specialty test(s) in the area required for the certificate sought or, where applicable, the New York State assessment for school building leadership required for a certificate as a school building leader, which shall be taken within one year [of the candidate’s applying to the department for the reissuance of the initial certificate] prior to the Department’s receipt of a completed application or within one year after the Department’s receipt of such completed application for the reissuance of the initial certificate.
2. Subdivisions (b) and (c) of section 80-5.18 of the Regulations of the Commissioner of Education shall be amended to read as follows:
(b) Limitations. The supplementary certificate shall be valid for [three] five years from its effective date and shall not be renewable. The supplementary certificate shall be limited to employment with an employing entity.
(c) Requirements. To be eligible for a supplementary certificate, a candidate shall meet the requirements in each of the following paragraphs:
(1) Application. The candidate shall apply for the supplementary certificate[, and upon application qualify for the certificate,] in a certificate title in the classroom [teacher] teaching service for which there is a demonstrated shortage of certified teachers as determined by the department.
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, New York State Education Department, 89 Washington Avenue, Room 138, Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
John D'Agati, Deputy Commissioner for Office of Higher Education, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, (518) 408-1189, email: regcomments@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law 207(not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.
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 monies from being used to pay the salary of an unqualified teacher.
2. LEGISLATIVE OBJECTIVES:
The purpose of the proposed amendment to section 80-1.8 of the Regulations is intended to provide increased flexibility to candidates who may otherwise qualify for a reissuance of their expired certificate, but who have not completed the required 75 hours of professional development before applying for the reissuance. The proposed amendment allows candidates to complete the required professional development within one year prior to the Department’s receipt of a completed application or within one year after the Department’s receipt of such completed application for the reissuance. The proposed amendment also addresses the changes made in Chapter 56 of the Laws of 2015, which now require certain teachers and leaders to complete 100 hours of continuing teacher and leader education (CTLE) in lieu of 175 hours of professional development. The proposed amendment allows candidates to complete either 75 hours of professional development or 50 hours of CTLE, or a combination thereof (prorated in a manner determined by the Department).
The proposed amendment to 80-5.18 of the Regulations is intended to provide increased flexibility to districts and candidates seeking a certificate in a new certificate title, to have a supplementary certificate valid for five years rather than the current three years. This will allow teachers with a supplementary certificate to have more time to complete the requirements for their initial or professional certificate in the new certificate title.
3. NEEDS AND BENEFITS:
Reissuance:
Currently, an expired initial certificate may be reissued for a period of five years if the candidate has not been able to complete the three full years of experience required for the professional certificate. To apply for a reissuance, the candidate must:
(1) Have completed 75 hours of acceptable professional development as prescribed in Part 80-3.6 within the year prior to applying to the Department for the reissuance; and
(2) Re-take and achieve a satisfactory score on the Content Specialty Test (CST) required for the certificate sought, within one year of applying for the reissuance.
While the candidate may take the CST after applying for the reissuance (within one year), the certificate will not be reissued until a satisfactory score is received.
Supplementary Certificate:
Currently, 80-5.18 of the Commissioner’s Regulations allows teachers who are currently certified in a classroom teaching title to teach in a different certificate title for which there is a demonstrated shortage of teachers for a period of three years while they are engaged in study at an institution to fulfill the requirements necessary for the initial or professional certificate in the new title. The supplementary certificate provides districts with flexibility to fill a vacancy with a certified teacher who is not yet certified in the new certificate area, but who is pursuing his/her initial or professional certificate in the new area. The supplementary certificate is also limited to the employing district.
Proposed Amendments:
Reissuance:
According to feedback from the field, candidates apply for the reissuance before they complete the required 75 hours of professional development, resulting in a denial of their application. In order to provide increased flexibility to candidates who may otherwise qualify for a reissuance, the Department proposes an amendment to Section 80-1.8 of the Regulations to allow candidates to complete the required professional development within one year prior to the Department’s receipt of a completed application or within one year after the Department’s receipt of such completed application for the reissuance of the initial certificate. This allows candidates to apply for a reissuance and then complete the required professional development and the CST within one year of the date of their application. Also, in order to address the changes made in Chapter 56 of the Laws of 2015, which now require certain teachers and leaders to complete 100 hours of continuing teacher and leader education (CTLE) in lieu of 175 hours of professional development, the proposed amendment also allows candidates to complete either 75 hours of professional development or 50 hours of CTLE; and/or a combination thereof prorated in a manner determined by the Department.
Supplementary Certificate:
In order to provide increased flexibility to districts and candidates seeking a certificate in a new certificate title, the Department proposes to allow the supplementary certificate to be valid for five years rather than three years. With this change, teachers with a supplementary certificate will have more time to be able to complete the requirements for their initial or professional certificate in the new certificate area.
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, including school districts and BOCES.
c. Costs to private regulated parties: The amendments 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 amendments do not impose any additional program, service, duty or responsibility upon any local government.
6. PAPERWORK:
The proposed amendments do not impose any additional paperwork requirements; in fact, it may reduce paperwork that would currently be required of candidates to apply for a reissuance. Currently, candidates who have not completed the required professional development before application for their reissuance are denied the reissuance and must re-apply after completion of the professional development. The proposed amendment will alleviate this issue by allowing candidates to complete the required professional development within a year after their application for the reissuance.
7. DUPLICATION:
The proposed amendments do not duplicate existing State or Federal requirements.
8. ALTERNATIVES:
No alternatives were considered.
9. FEDERAL STANDARDS:
There are no applicable Federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated that the proposed amendments will come before the Board of Regents for permanent adoption at its April 2017 meeting. If adopted at the April 2017 meeting, the proposed amendments will become effective on April 26, 2017.
Regulatory Flexibility Analysis
(a) Small businesses:
The purpose of proposed amendment to section 80-1.8 of the Regulations is intended to provide increased flexibility to candidates who may otherwise qualify for a reissuance of their expired certificate, but who have not completed the required 75 hours of professional development before applying for the reissuance. The proposed amendment allows candidates to complete the required professional development within one year prior to the Department’s receipt of a completed application or within one year after the Department’s receipt of such completed application for the reissuance. The proposed amendment also addresses the changes made in Chapter 56 of the Laws of 2015, which now require certain teachers and leaders to complete 100 hours of continuing teacher and leader education (CTLE) in lieu of 175 hours of professional development. The proposed amendment allows candidates to complete either 75 hours of professional development or 50 hours of CTLE, or a combination thereof (prorated in a manner determined by the Department).
The proposed amendment to 80-5.18 of the Regulations is intended to provide increased flexibility to districts and candidates seeking a certificate in a new certificate title, to have a supplementary certificate valid for five years rather than the current three years. This will allow teachers with a supplementary certificate to have more time to complete the requirements for their initial or professional certificate in the new certificate title.
The amendments do 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 proposed amendments that they do 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:
The rule will affect any school district or BOCES that employs a teaching candidate with a reissued certificate and/or a supplementary certificate and should supply them with additional flexibility.
2. COMPLIANCE REQUIREMENTS:
Reissuance:
Currently, an expired initial certificate may be reissued for a period of five years if the candidate has not been able to complete the three full years of experience required for the professional certificate. To apply for a reissuance, the candidate must:
(1) Have completed 75 hours of acceptable professional development as prescribed in Part 80-3.6 within the year prior to applying to the Department for the reissuance; and
(2) Re-take and achieve a satisfactory score on the Content Specialty Test (CST) required for the certificate sought, within one year of applying for the reissuance.
While the candidate may take the CST after applying for the reissuance (within one year), the certificate will not be reissued until a satisfactory score is received.
Supplementary Certificate:
Currently, 80-5.18 of the Commissioner’s Regulations allows teachers who are currently certified in a classroom teaching title to teach in a different certificate title for which there is a demonstrated shortage of teachers for a period of three years while they are engaged in study at an institution to fulfill the requirements necessary for the initial or professional certificate in the new title. The supplementary certificate provides districts with flexibility to fill a vacancy with a certified teacher who is not yet certified in the new certificate area, but who is pursuing his/her initial or professional certificate in the new area. The supplementary certificate is also limited to the employing district.
Proposed Amendments:
Reissuance:
According to feedback from the field, candidates apply for the reissuance before they complete the required 75 hours of professional development, resulting in a denial of their application. In order to provide increased flexibility to candidates who may otherwise qualify for a reissuance, the Department proposes an amendment to Section 80-1.8 of the Regulations to allow candidates to complete the required professional development within one year prior to the Department’s receipt of a completed application or within one year after the Department’s receipt of such completed application for the reissuance of the initial certificate. This allows candidates to apply for a reissuance and then complete the required professional development and the CST within one year of the date of their application. Also, in order to address the changes made in Chapter 56 of the Laws of 2015, which now require certain teachers and leaders to complete 100 hours of continuing teacher and leader education (CTLE) in lieu of 175 hours of professional development, the proposed amendment also allows candidates to complete either 75 hours of professional development or 50 hours of CTLE; and/or a combination thereof prorated in a manner determined by the Department.
Supplementary Certificate:
In order to provide increased flexibility to districts and candidates seeking a certificate in a new certificate title, the Department proposes to allow the supplementary certificate to be valid for five years rather than three years. With this change, teachers with a supplementary certificate will have more time to be able to complete the requirements for their initial or professional certificate in the new certificate area.
3. PROFESSIONAL SERVICES:
No professional services are needed to comply.
4. COMPLIANCE COSTS:
There are no additional compliance costs on local governments.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendments do not impose any additional technological requirements on districts or BOCES.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendments seek to address concerns from the field related to obtaining a reissuance of an expired initial certificate as well as pursuing a supplementary certificate in a new certificate title. The proposed amendments allow increased flexibility to those applying for a reissuance of an expired certificate as well as to those candidates obtaining a supplementary certificate in a new certificate title.
7. LOCAL GOVERNMENT PARTICIPATION:
The Department will solicit comments on the proposed amendments from school districts and BOCES across the State.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
It is anticipated that the proposed amendments will be permanently adopted by the Board of Regents at its April 2017 meeting. If adopted at the April meeting, the proposed amendments will become effective on April 26, 2017. If adopted by the Board of Regents at the April 2017 meeting, candidates applying for a reissuance of an expired certificate will be able to complete the required professional development within one year prior to the Department’s receipt of a completed application or within one year after the Department’s receipt of such completed application for the reissuance of the initial certificate. Also, candidates seeking a certificate in a new certificate title will be able to obtain a supplementary certificate that is valid for five years, allowing them more time to be able to complete the requirements for their initial or professional certificate in the new certificate area.
These amendments apply to all districts and BOCES in New York, 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:
See the Needs and Benefits and Paperwork sections of the Regulatory Impact Statement submitted herewith for the reporting, recordkeeping, and other compliance requirements for candidates applying for a reissuance of an expired certificate or a supplementary certificate, including those located in rural areas of the State. The proposed amendments do not impose any additional professional services requirements on local governments.
3. COSTS:
The proposed amendments do not impose any costs on candidates. In fact, the amendment to section 80-1.8 may result in a cost savings for candidates who may otherwise have had to apply a second time for a reissuance of their certificate.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendments seek to provide increased flexibility for candidates applying for a reissuance of an expired certificate as well as for those obtaining a supplementary certificate in a new certificate title.
5. RURAL AREA PARTICIPATION:
Copies of the proposed amendments have been provided to Rural Advisory Committee for review and comment.
Job Impact Statement
The purpose of the proposed amendment to section 80-1.8 of the regulations is to provide increased flexibility to candidates who may otherwise qualify for a reissuance of their expired certificate, but who have not completed the required 75 hours of professional development before applying for the reissuance. The proposed amendment allows candidates to complete the required professional development and/or a proportionate amount of continuing teacher or leader education within one year prior to the Department’s receipt of a completed application or within one year after the Department’s receipt of such completed application for the reissuance.
The purpose of the proposed amendment to section 80-5.18 of the regulations is intended to provide increased flexibility to districts and candidates seeking a certificate in a new certificate title, to have a supplementary certificate valid for five years rather than the current three years. This will allow teachers with a supplementary certificate to have more time to complete the requirements for their initial or professional certificate in the new certificate title.
Because the proposed amendments seek to address issues raised by the field in terms of providing increased flexibility to candidates seeking certification in the classroom teaching and/or school leader service, it is evident from the nature of the proposed amendments that they 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.
End of Document