As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2023, which is no later than the 3rd year after the year in which this rule is being adopted.

Following publication of the Proposed Rule Making on January 29, 2020, the Department received the following comments on the proposed amendment.

1. COMMENT: Commenter writes in support of the proposed amendment to make Time Extensions available on Provisional Renewals and Initial Reissuances, explaining that school counselors are likely to run into some difficulty when their Provisional Renewals expire with the impending regulation changes to the Initial/Professional School Counselor certificates. Commenter further noted that verification of work experience is very difficult to obtain for Initial Reissuances, and extending the time will allow educators to find full-time work and then they can use only one verification form from one district instead of several forms from multiple districts.

DEPARTMENT RESPONSE:

Since the comment is supportive, no response is necessary.

2. COMMENT: Commenter writes in support of the proposed amendment but suggested revising it so that all Initial and Provisional certificates that have already been extended should be allowed to be extended again if they have also been reissued/ renewed. Commenter noted that the decision to only extend a certificate once should be reconsidered in a time of teacher shortages and that many of the teachers who cannot extend their certificates again could be seasoned, highly effective teachers. Commenter shared that, although Section 80-1.1 defines a “Provisional” and “Initial” certificates as the first teaching certificate obtained, perhaps the proposed regulation could be modified slightly to allow extensions of all Provisional and Initial certificates, regardless of whether they are first or second ones. Commenter pointed out that many states allow for multiple reissuances/renewals and do not have a master’s degree requirement. Commenter stated that districts do have a responsibility to ensure that teachers are performing successfully and there have been numerous examples of individuals who have either been short a year or two of experience and are out of time.

Commenter further suggests that 80-1.8 should be amended such that teachers who have not been able to gain probationary positions in a New York State public school can have their Initial certificates reissued. Comment explained that teachers who are struggling with part-time work, working in day care settings, working in private schools, or working out of State are faced with the stark reality of significantly lower, inconsistent and perhaps unreliable wages and find it economically untenable to invest in a master’s degree program and, while they may satisfy the three-year requirement for Professional certification, they should not be penalized for not completing the master’s degree.

DEPARTMENT RESPONSE:

Section 80-1.6 of the Commissioner’s regulations allows educators to receive one Time Extension on their Initial or Provisional certificate, but not on their Initial Reissuance or Provisional Renewal, respectively. The proposed amendment preserves the premise of one Time Extension while permitting educators to receive the Time Extension on either the Initial certificate or Initial Renewal, or, either the Provisional certificate or Provisional Renewal. The proposal gives educators flexibility in the order in which they apply for a Time Extension and Initial Reissuance/Provisional Renewal, enabling them to gain the additional time available under both types of extensions.

The commenter is suggesting changing the premise of one Time Extension so that the Time Extension is available for the Initial certificate, Initial Renewal, Provisional certificate, and Provisional Renewal. For example, the suggestion would permit educators to earn an (1) Initial certificate (five years), (2) Time Extension (three years), (3) Initial Reissuance (five years), and (4) Time Extension (three years).

The Department will not be changing the premise of one Time Extension at this time given the multiple routes to earn additional time (e.g., Time Extension, Initial Reissuance) and amount of additional time available to maintain the validity of an Initial and Provisional certificate. The focus of the proposal is to provide flexibility to Initial and Provisional certificate holders.

The commenter is also recommending that the Initial Reissuance eligibility requirements listed in Section 80-1.8 of the Commissioner’s regulations be revised so that teachers who have not been able to gain probationary positions in a New York State public school can have their Initial certificates reissued. The Department is recommending a change to time extension requirements outlined in Section 1.5 of the Commissioner’s regulations and is not recommending a change to the Initial Reissuance eligibility requirements at this time. Therefore, this suggestion falls outside the scope of the proposed amendment. The Department will consider the commenter’s suggestion in the future.