(1) Time validity. The transitional K certificate shall be valid for three years from its effective date during which time a candidate shall complete all additional requirements for an initial certificate in the classroom teaching service in health education (all grades).

(2) Limitations. The transitional K certificate shall authorize a candidate to teach health education (all grades) only in a school district for which a commitment for employment has been made.

(1) Education. A candidate shall hold a bachelor’s degree or higher from a regionally or nationally accredited institution of higher education, a higher education institution that the commissioner deems substantially equivalent, or from an institution authorized by the Board of Regents to confer degrees.

(2) License and registration. Candidates shall hold a valid New York State license and registration pursuant to Title VIII of the Education Law in one of the following professional titles:

(i) Physician;

(ii) Physician assistant;

(iii) Nurse practitioner; or

(iv) Registered professional nurse.

(3) Coursework/Workshops: A candidate shall complete study in the means for identifying and reporting suspected child abuse and maltreatment, which shall include at least two clock hours of coursework or training in the identification and reporting of suspected child abuse or maltreatment in accordance with the requirements of section 3004 of the Education Law. In addition, a candidate shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the department pursuant to Subpart 57-2 of this Title. A candidate shall also complete at least six clock hours, of which at least three hours must be conducted through face-to-face instruction, of coursework or training in harassment, bullying and discrimination prevention; and

(4) Employment and support commitment. The candidate shall have satisfactory evidence of having a commitment from a public school, non-public school or BOCES of at least three years of employment as a teacher within the public school, non-public school or BOCES in health education, which shall include a plan for mentoring and instructional support, over the three years of employment.

2. A new section 80-3.13 shall be added to the Regulations of the Commissioner of Education as follows:

(1) Coursework. The candidate shall complete nine semester hours of coursework that includes study in each of the following subjects:

(i) human development and learning, including, but not limited to, the impact of culture, heritage, socioeconomic level, and factors in the home and community that may affect a student’s readiness to learn;

(ii) teaching students with disabilities and special health-care needs within the general education classroom, including assistive technology; and

(iii) curriculum and/or instruction, including instructional technology.

(2) Examination. Candidates shall submit evidence of having achieved a satisfactory level of performance on the educating all students test and the New York State Teacher Certification Examination content specialty test in Health Education.

(1) License and registration. The candidate shall hold a valid license and registration as a physician, physician assistant, nurse practitioner or registered professional nurse pursuant to title VIII of the Education Law.

(2) Coursework. The candidate shall complete while under the initial certificate, nine semester hours of coursework in pedagogical core which shall include coursework in each of the following areas of pedagogy:

(i) teaching literacy skills methods—3 semester hours;

(ii) instruction and assessment; and

(iii) classroom management.

(3) Experience. The candidate shall satisfactorily complete three years of experience as a teacher of health education in any grade in any school in which New York State certificate as a health education teacher is required. The candidate who completes this requirement in total or part through experience in New York public schools shall be required to participate in a mentored program in the first year of employment.

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 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.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed addition of new Section 80-5.27 to the Regulations of the Commissioner of Education is to provide a new pathway for certain New York State licensed and registered health professionals to obtain a health education teaching certificate.

3. NEEDS AND BENEFITS:

Currently, a candidate pursuing an initial teaching certificate in health education through a “traditional” education preparation pathway must meet the following requirements:

(1) Completion of a NYS registered program in health education

(2) A recommendation by the higher education institution for certification in health education

(3) Certification exams:

Educating All Students (EAS)

Health Education Content Specialty Test (CST)

Health Education edTPA

(4) Workshops: Dignity for All Students Act (DASA) 6-hour training

(5) Fingerprint clearance

In addition, candidates may pursue a health education certificate through a Transitional B pathway, as an additional certificate, and through individual evaluation.

Proposed Amendment

The Department is proposing a new “Transitional K” pathway for the following New York State licensed and registered health professionals to obtain a health education certificate:

(a) Physician

(b) Physician assistant

(c) Nurse practitioner

(d) Registered professional nurse

To qualify for the Transitional K certificate, the candidate must meet the following requirements:

(1) Valid license and registration: The candidate must hold a valid New York State license and registration in one of the following professional titles:

• Physician

• Physician assistant

• Nurse practitioner

• Registered professional nurse

(2) Education: The candidate shall hold a bachelor’s degree or higher

(3) Workshops: The candidate must complete all the required workshops

(4) Employment and Support Commitment: The candidate must have an employment and support commitment from a public school, non-public school, or BOCES.

The Certificate will be valid for three years from the date issued, during which time the holder can pursue the additional requirements for an Initial certificate in the classroom teaching service, and eventually a professional certificate if they wish to do so. To obtain Initial certification, in addition to meeting the requirements for the Transitional K certificate, candidates will need to meet the following requirements:

(1) Pedagogical coursework: Complete nine semester hours of pedagogical coursework in the following:

• human development and learning, including but not limited to: the impact of culture, heritage, socioeconomic level, and factors in the home and community that may affect a student’s readiness to learn;

• teaching students with disabilities and special health-care needs within the general education classroom, including assistive technology; and

• curriculum and/or instruction, including instructional technology.

(2) Examination: Take and pass the EAS and the CST in Health Education.

To obtain Professional certification, in addition to the requirements for the Initial, candidates will need to complete an additional nine semester hours of pedagogical coursework in the following:

• Teaching Literacy Skills Methods—3 Semester hours

• Instruction and/or Assessment

• Classroom Management

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 July 2018 meeting following the 60-day public comment period required under the State Administrative Procedure act. If adopted at the July 2018 meeting, the proposed amendment will become effective as a permanent rule on August 1, 2018.

The purpose of the proposed addition of new Section 80-5.27 to the Regulations of the Commissioner of Education is to provide a new pathway for certain New York State licensed and registered health professionals to obtain a health education teaching certificate. The proposed new “Transitional K” pathway will allow the following New York State licensed and registered health professionals to obtain a health education certificate: Physician, Physician assistant, Nurse practitioner, and Registered professional nurse.

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 certificate in the classroom teaching service in health education, who meet certain requirements, 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:

Currently, a candidate pursuing an initial teaching certificate in health education through a “traditional” education preparation pathway must meet the following requirements:

(1) Completion of a NYS registered program in health education

(2) A recommendation by the higher education institution for certification in health education

(3) Certification exams:

Educating All Students (EAS)

Health Education Content Specialty Test (CST)

Health Education edTPA

(4) Workshops: Dignity for All Students Act (DASA) 6-hour training

(5) Fingerprint clearance

In addition, candidates may pursue a health education certificate through a Transitional B pathway, as an additional certificate, and through individual evaluation.

Proposed Amendment

The Department is proposing a new “Transitional K” pathway for the following New York State licensed and registered health professionals to obtain a health education certificate:

(a) Physician

(b) Physician assistant

(c) Nurse practitioner

(d) Registered professional nurse

To qualify for the Transitional K certificate, the candidate must meet the following requirements:

(1) Valid license and registration: The candidate must hold a valid New York State license and registration in one of the following professional titles:

• Physician

• Physician assistant

• Nurse practitioner

• Registered professional nurse

(2) Education: The candidate shall hold a bachelor’s degree or higher

(3) Workshops: The candidate must complete all the required workshops

(4) Employment and Support Commitment: The candidate must have an employment and support commitment from a public school, non-public school, or BOCES.

The Certificate will be valid for three years from the date issued, during which time the holder can pursue the additional requirements for an Initial certificate in the classroom teaching service, and eventually a professional certificate if they wish to do so. To obtain Initial certification, in addition to meeting the requirements for the Transitional K certificate, candidates will need to meet the following requirements:

(1) Pedagogical coursework: Complete nine semester hours of pedagogical coursework in the following:

• human development and learning, including but not limited to: the impact of culture, heritage, socioeconomic level, and factors in the home and community that may affect a student’s readiness to learn;

• teaching students with disabilities and special health-care needs within the general education classroom, including assistive technology; and

• curriculum and/or instruction, including instructional technology.

(2) Examination: Take and pass the EAS and the CST in Health Education.

To obtain Professional certification, in addition to the requirements for the Initial, candidates will need to complete an additional nine semester hours of pedagogical coursework in the following:

• Teaching Literacy Skills Methods—3 Semester hours

• Instruction and/or Assessment

• Classroom Management

3. COSTS:

The proposed amendment does not impose any costs on these teacher certification candidates.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment creates no adverse impact, it only creates flexibility for certain health professionals.

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 addition of new Section 80-5.27 to the Regulations of the Commissioner of Education is to provide a new pathway for certain New York State licensed and registered health professionals to obtain a health education teaching certificate.

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.