PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Amendment of section 52.21 and Part 80 of Title 8 NYCRR.

Transitional B and C certificates and Program Registration Standards Leading to Such Standards.

To allow certified teachers to enter a Transitional B or C certificate program to become certified in a different area.

1. Paragraph 43 of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012, to read as follows:

(43) Transitional B certificate means a [the first] teaching certificate obtained by a candidate enrolled in an alternative teacher certification program, as prescribed in section 52.21 of this Title, that qualifies that individual in the public schools of New York State, subject to the requirements and limitations of this Part[, and excluding the provisional certificate, initial certificate, temporary license, transitional A certificate, and transitional C certificate].

2. Paragraph 44 of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012, to read as follows:

(44) Transitional C certificate means a [the first] teaching certificate obtained by a candidate holding an appropriate academic or graduate professional degree and enrolled in an intensive program leading to a professional certificate that qualifies that individual to teach in the public schools of New York State, subject to the requirements and limitations of this Par [, and excluding the provisional certificate, initial certificate, temporary license, transitional A certificate, and transitional C certificate].

3. Subparagraph (xvi) of paragraph (1) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012, to read as follows:

(xvi) Transitional B certificate means a [the first] teaching certificate obtained by a candidate enrolled in an alternative teacher certification program or a Model-B teacher preparation track of a clinically rich graduate level teacher preparation pilot program, as prescribed in this section, that qualifies that individual to teach in the public schools of New York State, subject to the requirements and limitations of Part 80 of this Title[, and excluding the provisional certificate, initial certificate, temporary license, transitional A certificate, and transitional C certificate].

4. Subparagraph (xvii) of paragraph (1) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012 to read as follows:

(xvii) Transitional C certificate means a [the first] teaching certificate obtained by a candidate holding an appropriate academic or graduate professional degree and enrolled in an intensive program leading to a professional certificate that qualifies that individual to teach in the public schools of New York State, subject to the requirements and limitations of Part 80 of this Tile [, and excluding the provisional certificate, initial certificate, temporary license, transitional A certificate, and transitional C certificate].

5. Subparagraph (xvi) of paragraph (3) of subdivision (b) section 52.21 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012, to read as follows:

(xvi) Intensive programs leading to professional certificates for individuals, including career changers and others, holding a transitional C certificate and an appropriate graduate academic or graduate professional degree.

(a). . . .

(b). . . .

(c)(1) Prior to admission into a program, the institution shall provide written notification to candidates of the variety of teacher certification pathways available in New York, including, but not limited to individual transcript evaluation, interstate reciprocity and traditional preparation pathways. Such notification shall also make candidates aware that other pathways may be less costly and/or time intensive and that they should review all their alternatives before entering the program.

(2) The program shall require the candidate to present evidence that the candidate meets the requirements for a transitional C certificate for admission to the program. The candidate shall present evidence of holding such transitional C certificate prior to the commencement of mentored teaching, based in part on the holding of an appropriate graduate academic or graduate professional degree.

6. A new subclause (5) is added to clause (a) of subparagraph (xvii) of paragraph (3) of subdivision (b) section 52.21 of the Regulations of the Commissioner of Education is amended, effective October 31, 2012, to read as follows:

(5) Prior to admission into a program, the institution shall provide written notification to candidates of the variety of teacher certification pathways available in New York, including, but not limited to individual transcript evaluation, interstate reciprocity and traditional preparation pathways. Such notification shall also make candidates aware that other pathways may be less costly and/or time intensive and that they should review all their alternatives before entering the program.

Mary Gammon, New York State Education Department, 89 Washington Avenue, Room 138, Albany, New York 12234, (518) 473-2183, email: [email protected]

Peg Rivers, New York State Education Department, 89 Washington Avenue, Room 979, Albany, New York 12234, (518) 418-1189, email: [email protected]

45 days after publication of this notice.

1. STATUTORY AUTHORITY:

Education Law section 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Subdivision (1) of section 305 of the Education Law empowers the Commissioner of Education to be the chief executive officer of the state system of education and authorizes the Commissioner to execute educational policies determined by the Regents.

Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the State's public schools.

Paragraph (b) of subdivision (1) of section 3006 of the Education Law provides that the Commissioner of Education may issue such teacher certificates as the Regents Rules prescribe.

Subdivision (1) of section 3009 of the Education Law provides that no part of the school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher, nor shall his salary or part thereof, be collected by a district tax except as provided in the Education Law.

2. LEGISLATIVE OBJECTIVES:

The amendment carries out the legislative objectives of the above-referenced statutes by authorizing a certified teacher to enter a Transitional B or C program to obtain certification in another area.

3. NEEDS AND BENEFITS:

New York State is currently facing a shortage of qualified teachers in many certificate areas, particularly in math, science and foreign languages, as well as a shortage of qualified teachers in many geographic locations.

Currently, New York State teachers holding a certificate in one area are precluded from entering a Transitional B or C program to obtain a certificate in another area. For example, a teacher with 30 science credits who holds a valid New York State certificate in Early Childhood Education may not enter into a Transitional B program to obtain certification as a middle school science teacher. To address the current shortages that exist in many certificate areas, the proposed amendment allows certified teachers in one certification area to enter a Transitional B or C program in a different certification area, which will help put qualified teachers in our State's classrooms where shortages exist.

Acknowledging that there are several pathways to obtain certification, the proposed amendment requires all registered programs to provide candidates with written notice prior to admission into a Transitional B or C program that there are several other pathways leading to certification in New York which may be less costly and or time intensive, including, but not limited to, individual transcript evaluation, interstate reciprocity, and traditional preparation pathways. This notice could be provided to candidates by simply providing candidates with a link to our website which lists the certification pathways in New York. Providing this notice to candidates will allow them to make informed decisions as to whether to enter the program, while at the same time allowing qualified candidates to obtain jobs in areas where there is a demand for teachers.

4. COSTS:

(a) Costs to State government: The amendment will not impose any additional costs on State government including the State Education Department.

(b) Costs to local governments: The amendment will not impose any additional costs on Local governments.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any mandatory program, service, duty, or responsibility upon local government, including school districts or BOCES.

6. PAPERWORK:

There are no additional paperwork requirements beyond those currently imposed.

7. DUPLICATION:

The amendment does not duplicate any existing State or Federal requirements.

8. ALTERNATIVES:

No alternatives were considered.

9. FEDERAL STANDARDS:

There are no Federal standards that establish requirements for the certification of teachers for service in the State's public schools.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be adopted at the October Regents meeting and will become effective on October 31, 2012.

(a) Small businesses:

The purpose of the proposed rule is to allow already certified individuals to be issued a Transitional B or C certificate in an area other than the certificate(s) already issued. The proposed rule does not impose any reporting, recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small business. Because it is evident from the nature of the amendment that it does not affect small businesses, no further steps were needed to ascertain that fact and one were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The rule applies to applicants who seek a teaching certificate in another certificate area through the Transitional B or C alternative pathway.

2. COMPLIANCE REQUIREMENTS:

This change will allow a person that already holds a teaching certificate in New York to enter into a Transitional B or C program in a different certificate area and be issued a Transitional B or C certificate in a different certificate area.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional services or requirements on school districts or BOCES.

4. COMPLIANCE COSTS:

The proposed amendment does not impose any additional costs on local governments beyond those imposed by statute.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The rule does not impose any additional technological requirements on school districts or BOCES.

6. MINIMIZING ADVERSE IMPACT:

The rule is necessary to allow already certified individuals to be issued a Transitional B or C certificate in an area other than the certificate(s) already issued.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the proposed rule have been provided to the Chief School Administrators of the Big 5 City School Districts and to district superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment will affect certified teachers that apply for a Transitional B or C certificate in another certificate area in all parts of the State, 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:

This change will allow a person that already holds a teaching certificate in New York to enter into a Transitional B or C program in a different certificate area and be issued a Transitional B or C certificate in a different certificate area. There are no additional reporting, recordkeeping or compliance requirements.

3. COSTS:

There are no additional costs imposed beyond those imposed by statute.

4. MINIMIZING ADVERSE IMPACT:

The State Education Department does not believe that making this change for candidates who live or work in rural areas is warranted.

5. RURAL AREA PARTICIPATION:

The State Education Department has sent the proposed amendment to the Rural Advisory Committee, which has members who live or work in rural areas across the State.

The purpose of the proposed amendment is to provide already certified teachers the option of entering a Transitional B or C program and be issued a Transitional B or C certificate in a different certification area. Because it is evident from the nature of the proposed rule 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. Accordingly, a job impact statement is not required and one has not been prepared.