(1) the candidate shall hold a valid initial or professional certificate in students with disabilities (birth - grade 2);

(2) the candidate shall submit satisfactory evidence of at least three school years of teaching experience; provided that at least 75 percent of the candidate’s time is spent teaching students with disabilities in grades 1 and/or 2 in public school districts of this State, State-supported or State-operated schools, private schools established under 853 of the Laws of 1976 or BOCES while holding a valid certificate, during each of the three school years; and

(3) the candidate must either:

(i) provide satisfactory evidence of completion of at least 45 hours of acceptable continuing teacher and leader education focused on students with disabilities at the elementary level; or

(ii) the candidate shall complete a minimum of three semester hours of satisfactory pedagogical study or its equivalent, that is focused on students with disabilities at the elementary level.

(1) the candidate shall hold a valid initial or professional certificate in students with disabilities (grades 1-6);

(2) the candidate shall submit satisfactory evidence of at least three years of teaching experience; provided that at least 75 percent of the candidate’s time is spent teaching students with disabilities in grades 1 and/or 2 in public school districts of this State, State-supported or State-operated schools, private schools established under 853 of the Laws of 1976 or BOCES, while holding a valid certificate, during each of the three school years; and

(3) the candidate must either:

(i) provide satisfactory evidence of completion of at least 45 hours of acceptable continuing teacher and leader education focused on students with disabilities at the early childhood level; or

(ii) the candidate shall complete a minimum of three semester hours of satisfactory pedagogical study or its equivalent, that is focused on students with disabilities at the early childhood level.

(1) the candidate shall hold a valid initial or professional certificate in students with disabilities (grades 1-6);

(2) the candidate shall show satisfactory evidence of a minimum of three years of teaching experience; provided that at least 75 percent of the candidate’s time is spent teaching students with disabilities in grades 5 and/or 6 in the public school districts of this State, State-supported or State-operated schools, private schools established under 853 of the Laws of 1976 or BOCES while holding a valid certificate, during each of the three school years; and

(3) either:

(i) provide satisfactory evidence of completion of at least 45 hours of acceptable continuing teacher and leader education focused on students with disabilities at the middle level; or

(ii) the candidate shall complete a minimum of three semester hours of satisfactory pedagogical study or its equivalent, that is focused on students with disabilities at the middle level.

(1) the candidate shall hold a valid initial or professional certificate in students with disabilities (7-12 generalist);

(2) the candidate shall show satisfactory evidence of a minimum of three years of teaching experience; provided that at least 75 percent of the candidate’s time is spent teaching students with disabilities in grades 7 and/or 8 in the public school districts of this State, State-supported or State-operated schools, private schools established under 853 of the Laws of 1976 or BOCES while holding a valid certificate, during each of the three school years; and

(3) either:

(i) provide satisfactory evidence of completion of at least 45 hours of acceptable continuing teacher and leader education focused on students with disabilities at the middle level; or

(ii) the candidate shall complete a minimum of three semester hours of satisfactory pedagogical study or its equivalent, as determined by the Commissioner, that is focused on students with disabilities at the middle level.

Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on December 27, 2017, the following substantial revisions were made to the proposed rule:

Sections 80-4.3(o), (p), (q) and (r) of the Commissioner’s regulations were amended to allow candidates seeking a grade level extension under the new regulations to apply satisfactory evidence of at least three years of teaching experience in public school districts of this State, State-supported or State-operated schools, private schools established under 853 of the Laws of 1976 or BOCES, while holding a valid certificate, during each of the three school years; ; provided that at least 75 percent of the candidate’s time is spent teaching students with disabilities in grades 1 and/or 2. Previously the proposed amendment only counted teaching experience in public schools.

The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Impact Statement.

Since publication of a Notice of Proposed Rule Making in the State Register on December 27, 2017, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Statement in Lieu of a Regulatory Flexibility Analysis for Small Businesses and Local Governments.

Since publication of a Notice of Proposed Rule Making in the State Register on December 27, 2017, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Rural Area Flexibility Analysis.

Since publication of a Notice of Proposed Rule Making in the State Register on December 27, 2017, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The revised proposed rule will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the revised proposed rule that it will not affect job and employment opportunities, no affirmative 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.

Since publication of the Proposed Rule Making in the State Register on December 27, 2017, the State Education Department (SED) received several comments:

1. COMMENT:

Multiple commenters raised concerns about the proposed amendment to authorize certain extensions to certain Students with Disabilities (SWD) certificates. The commenter explains that the “effort and complication” outweigh the benefits of the proposed new extensions, increases the complexity of the certification structure, and creates a burdensome workload, including the Office of Teaching Initiatives (OTI) staff which is already overburdened. The commenter explains that the objectives of the proposed amendment can be met with candidates using the supplementary certification that already exists. Another suggestion is to address the immediate need for SWD certified teachers is to amend the current “valid NYS certification” requirement to “valid SWD certification at the adjacent level.”

DEPARTMENT RESPONSE:

The supplementary certificate is one option; however, in order to receive a supplementary certificate, a candidate must submit a statement from the superintendent, or from an individual in an equivalent title, that the employing entity seeks to employ the candidate in a title with a demonstrated shortage of certified teachers and that as a condition of employment, the candidate must be enrolled in study at an institution of higher education leading to an initial or professional certificate in the certificate title sought. However, such a statement is not needed for the proposed amendment. Instead, the candidate may receive the grade level extension by completing certain education and experience requirements outlined in the proposed amendment.

In response to the suggestion to amend the “valid NYS certification” requirement to “valid SWD certification at the adjacent level”, this proposal would allow SWD certified teachers to teach adjacent grade levels without being required to enroll in an institution of higher education leading to an initial or professional certificate in the certificate title sought. Instead, the extension(s) in the proposed amendment require candidates to complete certain continuing teacher or leader education (CTLE) or college coursework in the area of the adjacent grade levels, giving teachers who hold the extension the expertise needed to work in the adjacent grade levels at the time they enter the classroom.

2. COMMENT:

One commenter wrote to advise the Department not to adopt the proposed amendment related to the proposed extension to certain Students with Disabilities (SWD) certificates. The commenter explains that this will add “undue complications and subjective assessment of qualifications” that do not properly assess whether a teacher is prepared to teach the specific developmental levels. In addition, the new extensions increase the complexity of an already complicated certification structure and burdens the OTI staff.

DEPARTMENT RESPONSE:

Please see response to COMMENT #1 above. In addition, in response to the comment about the subjective assessment of qualifications, the Office of Teaching Initiatives (OTI) will work with the Office of Special Education (OSE) to assess the CTLE used to satisfy the requirements for the extension and ensure that any CTLE submitted is appropriate for the grade level extension sought.

3. COMMENT:

Multiple commenters raised concerns related to the proposed extension to certain Students with Disabilities (SWD) certificates.

(a) One concern is with the Pre-K-K extension for those with a SWD Grade 1-6 certificate. The concern is that the completion of CTLE to obtain this extension may not include specific pedagogy addressing competency in the SWD teaching certificate area. Also, while teachers must document completion of CTLE, there is not a specific requirement to document evidence of learning or performance, as opposed to the completion of a college course. The commenter believes that this option is not acceptable.

(b) Another concern relates to the option to take only one college course to acquire the extension. The commenter believes that a minimum of two courses would be needed in the specific pedagogical areas to gain the necessary experience.

DEPARTMENT RESPONSE:

In response to the comments raised, the extensions are limited to two grade levels above or below the grade levels of the certificate held by the teacher. Based on the selected grade levels for the extension, a majority of the candidate’s teaching experience must be in the grade levels close to the grade level of the extension sought, and the candidate must complete either one college level course or 45 hours of CTLE in the developmental level of the extension sought. If the candidate chooses the option of CTLE, the CTLE will be reviewed for content at the specific grade level extension sought. While there is no specific requirement to document evidence of learning or performance in CTLE, the candidate is also required to have three years of teaching experience within the grade levels of the extension sought. This teaching experience, coupled with CTLE or a college level course in the grade levels of the certificate area sought will provide the candidate with practical knowledge for working with students in the grade levels of the extension.

4. COMMENT:

Several commenters raised concerns about the proposed amendment related to the proposed extension to certain Students with Disabilities (SWD) certificates. The comments assert that the proposal prioritizes add-on certification for special education over general education, that there is no quality assurance for credit hours or training, and that the proposal eliminates the need for highly qualified teachers with specialized preparation to work with the youngest and most vulnerable population.

DEPARTMENT RESPONSE:

The purpose of the proposed amendment is not to “prioritize” one pathway to certification over another, but to create a pathway for those individuals who have demonstrated the competency and skills needed to teach in an extended grade level through their prior experience and with some additional CTLE or coursework in the grade levels in which he/she is seeking an extension. Without a certified teacher, this population may be vulnerable to a teacher teaching out-of-certificate with much less quality assurance related to their preparation.

Related to quality assurance, OTI will work with the OSE to assess the CTLE used to satisfy the requirements for the extension and ensure that the CTLE is appropriate for the grade level extension sought. Lastly, the Department believes that the teaching experience required in the proposal, coupled with CTLE or a college course, provides the candidate with practical knowledge for working with students in the grade levels of the extension that cannot be obtained with coursework alone.

5. COMMENT:

One commenter raised several concerns, including:

(a) The proposal is only a temporary fix and the commenter recommends a long-term solution to address the entire field serving students with disabilities.

(b) The commenter questions whether there is a shortage in the students with disabilities field and whether this proposal will benefit the field.

(c) The commenter is concerned that the proposal will burden the Office of Teaching Initiatives (OTI).

(d) The commenter is concerned about ensuring the rigor of the 45 hours of CTLE required.

(e) Last, the commenter is concerned that the requirement of “at least 75 percent of the candidate’s time” teaching students in the grade levels of the extension sought is an “unwieldy standard” that will be difficult to determine.

DEPARTMENT RESPONSE:

In response to the comments above:

(a) While the proposal may be a temporary fix, the Department has been working with the field on developing long-term solutions to the issues facing those serving Students with Disabilities.

(b) Although the Department is unaware of “exact numbers,” the proposal is directly responding to concerns raised in the field, by those serving the target population, school administrators, and the public.

(c) Please see response to COMMENT #2 above.

(d) Please see response to COMMENT #4 above.

(e) Again, this is a standard that OTI will work with the OSE to assess whether a candidate has met the requirement for three years of experience (75% of which must be in the grade level extension sought).

6. COMMENT:

Several commenters raised concerns that 45 hours of CTLE is not sufficient to provide teachers with the knowledge and skills to teach a new age group, mainly because CTLE credits do not require individuals to demonstrate mastery of the knowledge and skills of the coursework. The commenters recommend not allowing CTLE credits to be used for granting the proposed extensions.

DEPARTMENT RESPONSE:

The Department agrees that CTLE alone would not be sufficient. However, the Department believes that CTLE plus three years of teaching in an adjacent grade level are sufficient to successfully prepare already certified teachers to teach a new developmental age group. In addition, OTI will work with the OSE to assess the CTLE used to satisfy the requirements for the extension and ensure that the CTLE is appropriate for the grade level extension sought.

7. COMMENT:

One commenter raised concerns regarding the Students with Disabilities extension and the choice of requirements proposed. The commenter is concerned that there is no specific pedagogy directly linked to grade-level performance and noted that the required coursework should target human development in children and/or adolescents with special needs in the specific grade levels. The commenter also believes that behavior management should be included, with behavioral interventions as well.

DEPARTMENT RESPONSE:

In response to the concerns raised, the Department believes that because the individuals seeking extensions already have a base teaching certificate in a students with disabilities certificate area in an adjacent grade level. The majority of the pedagogical, human development, and behavioral management content for a new developmental level would already be included in educator preparation programs for students with disabilities. In addition, OTI and the Office of Special Education will work together to assess the CTLE used to satisfy the requirements for the extension and ensure that the CTLE is appropriate for the grade level extension sought.

8. COMMENT:

One commenter raised the concern that the extension for teachers with a current students with disabilities certification in grades 1-6 to teach PreK-K will not be prepared to teach in this grade band with either CTLE or just one college course. The commenter asserts that the first six years are the most important in intervention for students with disabilities. While the commenter recognizes a teacher shortage, they believe that allowing individuals to obtain certifications they are not qualified to hold is not the way to solve the problem.

DEPARTMENT RESPONSE:

The proposed amendment provides flexibility to teachers who are already certified teachers of students with disabilities to gain certification in a narrow adjacent grade band in which they have had three years of similar teaching experience and have at least 45 additional CTLE hours or one college level course in the grade levels of the extension sought. The Department believes that these additional requirements provide teachers with the knowledge and skills necessary to teach in adjacent grade bands.