(iii) Employment and support commitment. The candidate shall submit satisfactory evidence of having a commitment from a school or school district of employment as a [full-time] teacher with the school or school district in the area of the certificate sought for at least three school years, which shall include at least one year of [mentoring] full-time teaching experience that is mentored, as prescribed in section 52.21(b)(3)(xvii) or (b)(5) and 80-5.13(b)(1)(iii) of this Title.

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 money from being used to pay the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment to Section 80-5.13 of the Regulations of the Commissioner of Education is to maintain the three-year employment commitment but in lieu of all three years being full-time, the proposed amendment allows a candidate to be initially employed part-time while gradually assuming more responsibility and then ultimately teaching full-time for at least one school year. This amendment will allow for a range of alternative program preparation models and would validate the employment service of Transitional B candidates while completing their alternative teacher preparation program.

3. NEEDS AND BENEFITS:

Alternative teacher preparation (ATP) programs in New York are designed to attract highly competent people who possess a bachelor’s degree with a major in the subject they plan to teach, but who initially lack courses in teaching. ATP programs qualify candidates for Transitional B certification validating their employment as teacher of record as they transition to meeting all requirements for initial teaching certification. The model currently supports programs in the State, including the NYC Teaching Fellows and Teach for America programs.

The Transitional B certificate is limited to the employing school district and remains valid only while the candidate is enrolled in the ATP program. The current regulation also requires the employing school district to provide a commitment to the candidate that they will employ the candidate full-time for three school years while they simultaneously complete required credit-bearing courses and seminars that are designed to link educational theory with classroom experience. Like traditional programs of preparation, the ATP candidates must complete coursework that addresses all areas of teaching competency required for initial certification.

Institutions are finding the requirements for a Transitional B certificate limiting because current regulations require the candidate to be employed full-time as a teacher of record at the onset of their employment. Variations of the ATP model have been proposed where the ATP candidate is initially employed part-time and works in the classroom of the mentoring teacher of record. This variation emphasizes mentored scaffolded training where the teaching candidate can observe and practice skills, gradually assuming responsibility of their mentoring teacher’s classroom, and ultimately teaching full-time as the teacher of record.

Proposed Amendment

The Department proposes an amendment to the regulation to provide more flexibility for scaffolded training. The proposed amendment maintains the three year employment commitment but in lieu of all three years being full-time, the proposed amendment allows a candidate to be initially employed part-time while gradually assuming more responsibility and then ultimately teaching full-time for at least one school year. This amendment would allow for a range of alternate program preparation models and would validate the employment service of Transitional B candidates while completing their alternative teacher preparation program. The proposed amendment also maintains the current rigor by making it clear that the employment and support commitment include at least one year of full-time mentored teaching to meet the experience requirements required for an Initial teaching certificate as prescribed in Section 80-5.13(b)(1)(ii) of the Regulations.

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. The proposed amendment seeks to create more flexibility for alternative teacher preparation models and candidates enrolled in such programs obtaining a Transitional B certificate.

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 80-5.13 of the Regulations of the Commissioner of Education is to maintain the three-year employment commitment but in lieu of all three years being full-time, the proposed amendment allows a candidate to be initially employed part-time while gradually assuming more responsibility and then ultimately teaching full-time for at least one school year. This amendment will allow for a range of alternative program preparation models and would validate the employment service of Transitional B candidates while completing their alternative teacher preparation program.

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 Transitional B certificate in the classroom teaching service, 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 80-5.13 of the Regulations of the Commissioner of Education is to maintain the three-year employment commitment but in lieu of all three years being full-time, the proposed amendment allows a candidate to be initially employed part-time while gradually assuming more responsibility and then ultimately teaching full-time for at least one school year. This amendment will allow for a range of alternative program preparation models and would validate the employment service of Transitional B candidates while completing their alternative teacher preparation program.

Proposed Amendment

The Department proposes an amendment to the regulation to provide more flexibility for scaffolded training. The proposed amendment maintains the three year employment commitment but in lieu of all three years being full-time, the proposed amendment allows a candidate to be initially employed part-time while gradually assuming more responsibility and then ultimately teaching full-time for at least one school year. This amendment would allow for a range of alternate program preparation models and would validate the employment service of Transitional B candidates while completing their alternative teacher preparation program. The proposed amendment also maintains the current rigor by making it clear that the employment and support commitment include at least one year of full-time mentored teaching to meet the experience requirements required for an Initial teaching certificate as prescribed in Section 80-5.13(b)(1)(ii) of the Regulations.

3. COSTS:

The proposed amendment does not impose any costs on teacher certification candidates pursuing a Transitional B certificate, and/or the New York State school districts/BOCES who wish to hire them.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendments create no adverse impact and in fact creates more flexibility for institutions of higher education offering alternative preparation programs and those candidates enrolled in such programs.

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 80-5.13 of the Regulations of the Commissioner of Education is to maintain the three-year employment commitment but in lieu of all three years being full-time, the proposed amendment allows a candidate to be initially employed part-time while gradually assuming more responsibility and then ultimately teaching full-time for at least one school year. This amendment will allow for a range of alternative program preparation models and would validate the employment service of Transitional B candidates while completing their alternative teacher preparation program.

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.