(a) . . .

(b) Requirements for professional certificates in all titles in classroom teaching service, except in a specific career and technical subject within the field of agriculture, business and marketing, family and consumer sciences, health, a technical area, or a trade (grades 7 through 12).

The candidate shall meet the requirements in each of the following paragraphs:

(1) . . .

(2) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(3) . . .

(c) Requirements for professional certificates in a specific career and technical subject (grades 7 through 12). The candidate shall meet the requirements for the professional certificate by successfully completing the requirements in paragraphs (1) through (8) of this subdivision, as applicable.

(1) Option A. The requirements of this paragraph are applicable to candidates who seek a professional certificate and who hold an associate degree or its equivalent. The candidate shall meet the requirements for the professional certificate in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

(2) Option B. The requirements of this paragraph are applicable to candidates who seek a professional certificate and do not possess an associate degree or its equivalent. This option shall not be available in specific family and consumer science, business and marketing, and technical subject titles. The candidate shall meet the requirements in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

(3) Option C. The requirements of this paragraph are applicable to candidates who seek a professional certificate and who hold an associate degree or its equivalent in the career and technical field in which a certificate is sought and who have had at least two years of satisfactory teaching experience, at the post-secondary level, in the certificate area to be taught or in a closely related subject acceptable to the department. The candidate shall meet the requirements in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

(4) Option D. The requirements of this paragraph are applicable to candidates who seek a professional certificate and who hold a full license as a teacher issued by the department pursuant to section 126.6(f) of this Title in the career and technical field in which a certificate is sought and who have two years of satisfactory teaching experience under a full license issued by the department pursuant to section 126.6(f) of this Title in a licensed private career school in the certificate area under such license, or in a closely related subject area acceptable to the department. The candidate shall meet the requirements in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

(5) Option G. The requirements of this paragraph are applicable to candidates who seek a professional certificate and who hold an industry acceptable credential in the certificate area taught or in a closely related subject area acceptable to the department or receive a satisfactory passing score on an industry accepted career and technical education examination that demonstrates mastery in the career and technical education subject for which a certificate is sought or a closely related area as approved by the department through a request for qualifications process; and have at least two years of acceptable work experience in the certificate area to be taught or in a closely related subject area acceptable to the department. The candidate shall meet the requirements in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

(6) Option H. The requirements of this paragraph are applicable to candidates who seek a professional certificate and who completed an approved career and technical education program registered pursuant to section 52.21 of this Title or its equivalent in the certificate area to be taught or in a closely related subject area acceptable to the department; and have either at least one year of acceptable work experience in the certificate area to be taught or in a closely related subject area acceptable to the department or receive a satisfactory passing score on an industry accepted career and technical education examination that demonstrates mastery in the career and technical education subject sought or in a closely related area approved by the department through a request for qualifications process. The candidate shall meet the requirements in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

(7) Option I. The requirements of this paragraph are applicable to candidates who seek a professional certificate and who are currently certified as a teacher in grades 7-12 in any subject area acceptable to the department, and who either hold an industry related credential in the career and technical education subject to be taught or in a closely related subject area, as determined by the department, or have two years of satisfactory work experience in the certificate area taught, or in a closely related subject area, as determined by the department. The candidate shall meet the requirements in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

(8) Option J. The requirements of this paragraph are applicable to candidates who seek a professional certificate and possess a bachelor’s degree or higher, in the career and technical field in which a certificate is sought, or in a closely related subject area, as determined by the department, and have one year of documented and satisfactory work experience in the career and technical education subject for which a certificate is sought, or a related area, as determined by the department, or hold an industry related credential in the career and technical subject for which a certificate is sought, or a related area, as determined by the department. The candidate shall meet the requirements in each of the following subparagraphs:

(i) . . .

(ii) Teaching experience. The candidate shall successfully complete three school years of teaching experience, or its equivalent. The candidate who completes this requirement in total or part through teaching in New York public schools shall be required to participate in a mentored program in the first [year] 180 school days of employment, as prescribed in Part 100 of this Title, unless the candidate has successfully completed two years of teaching experience prior to such teaching in the public schools.

(iii) . . .

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 Section 80-3.4 of the Regulations of the Commissioner of Education is to change the current mentoring requirement from having to take place during the first year of employment to the first 180 days of employment (the equivalent of an academic year). This change enables new teachers who are hired late in the school year to have the same amount of time to participate in mentoring as those hired early in a school year.

3. NEEDS AND BENEFITS:

Section 80-3.4 of the Regulations of the Commissioner of Education outlines the requirements for candidates seeking a professional certificate in the classroom teaching service. One of these requirements is that candidates must complete three years of teaching experience, and as a part of that experience, participate in a mentored program during the first year of employment. Mentoring programs provide support for new teachers in order to ease the transition from teacher preparation to practice. The goals of mentoring programs include increasing the retention and skills of new teachers.

Requiring teachers to complete a mentoring program during their first year of teaching is critical for their professional development. The current regulation requires mentoring to take place during the first year of employment. However, some teachers are hired late in the academic year, giving them only until the end of the academic year to engage in a mentoring program.

Proposed Amendment

The proposed amendment would change the mentoring requirement from the first year of employment to the first 180 school days of employment, which is equivalent to an academic year. This change would enable new teachers who are hired late in the academic year to have the same amount of time to participate in a mentoring program as new teachers who begin teaching on the first day of the academic year. The proposed amendment is also consistent with one of the policy recommendations in the draft New York State ESSA plan.

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:

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 adopted as a permanent rule by the Board of Regents at its March 2018 meeting. If adopted at the March 2018 meeting, the proposed amendment will become effective on March 28, 2018.

The purpose of the proposed amendment to Section 80-3.4 of the Regulations of the Commissioner of Education is to change the current mentoring requirement for candidates seeking a professional teaching certificate from having to take place during the first year of employment to the first 180 days of employment (the equivalent of an academic year). This change enables new teachers who are hired late in the school year to have the same amount of time to participate in mentored experience as those hired early in a school year.

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

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

This proposed amendment applies to all individuals in New York State pursuing a professional certificate in the classroom teaching service and school districts or BOCES who wish to hire them for their experience to gain their professional certificate, 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:

Section 80-3.4 of the Regulations of the Commissioner of Education outlines the requirements for candidates seeking a professional certificate in the classroom teaching service. One of these requirements is that candidates must complete three years of teaching experience, and as a part of that experience, participate in a mentored program during the first year of employment. Mentoring programs provide support for new teachers in order to ease the transition from teacher preparation to practice. The goals of mentoring programs include increasing the retention and skills of new teachers.

Requiring teachers to complete a mentoring program during their first year of teaching is critical for their professional development. The current regulation requires mentoring to take place during the first year of employment. However, some teachers are hired late in the academic year, giving them only until the end of the academic year to engage in a mentoring program.

Proposed Amendment

The proposed amendment would change the mentoring requirement from the first year of employment to the first 180 school days of employment, which is equivalent to an academic year. This change would enable new teachers who are hired late in the academic year to have the same amount of time to participate in a mentoring program as new teachers who begin teaching on the first day of the academic year. The proposed amendment is also consistent with one of the policy recommendations in the draft New York State ESSA plan.

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 in rural areas.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment has no adverse impact on teacher certification candidates and/or the New York State school districts/BOCES who wish to hire them in rural areas.

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 Section 80-3.4 of the Regulations of the Commissioner of Education is to change the current mentoring requirement from having to take place during the first year of employment to the first 180 days of employment (the equivalent of an academic year). This change enables new teachers who are hired late in the school year to have the same amount of time to participate in mentoring as those hired early in a school year.

Because 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, no further steps were needed to ascertain that fact and none were taken.