Temporary Teaching Certificates

NY-ADR

11/1/17 N.Y. St. Reg. EDU-44-17-00010-EP
NEW YORK STATE REGISTER
VOLUME XXXIX, ISSUE 44
November 01, 2017
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-44-17-00010-EP
Filing No. 905
Filing Date. Oct. 17, 2017
Effective Date. Oct. 17, 2017
Temporary Teaching Certificates
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Addition of section 80-5.26 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101, 207, 305, 3001, 3004 and 3009
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
On September 20, 2017, Category 5 Hurricane Maria made landfall in Puerto Rico and other U.S. territories and wreaked havoc. As a result of this catastrophic event, many individuals directly affected by Hurricane Maria have been displaced, including children who may come to New York State and enroll in schools.
The expectation is that many of these students may not be fluent in English, and the Department wants to ensure that there are adequate teachers capable of teaching these students. The Department also anticipates an influx of individuals who were certified teachers in Puerto Rico and other U.S. territories coming to New York State as well, and the Department would like to advance a regulation that will allow those certified in Puerto Rico or another U.S. territory who have been affected by and displaced by Hurricane Maria to become certified in New York for a temporary period of time.
At this time, the Department would like to add a new Section 80-5.26 to the Commissioner’s Regulations to allow those who hold a teaching certificate in Puerto Rico or another U.S. territory to obtain a nonrenewable temporary hardship certificate that is valid until June 30, 2018 to teach in New York State public school districts and BOCES, provided they meet certain requirements. Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 202(1) and (5), is the January 2018 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the January Regents meeting, is January 25, 2018, the date a Notice of Adoption would be published in the State Register. However, emergency action to adopt the proposed rule is necessary now for the preservation of the general welfare and is needed because the resulting influx of individuals from Puerto Rico and other U.S. territories who have been affected by Hurricane Maria is expected to be immediate, and the Department must ensure that the proposed amendment is effective immediately to timely allow for those individuals who meet the requirements to apply for this temporary certificate.
Subject:
Temporary teaching certificates.
Purpose:
Temporary certificates for teachers displaced from Puerto Rico and/or US territory as a result of Hurricane Maria.
Text of emergency/proposed rule:
Add a new section 80-5.26 to the Regulations of the Commissioner of Education, to read as follows:
80-5.26 Temporary “Hurricane Maria” certificate for teachers displaced from Puerto Rico and/or another U.S. territory as a result of Hurricane Maria to teach in New York.
(a) Temporary “Hurricane Maria” hardship certificate to teach in New York. The Commissioner may issue a temporary certificate in the classroom teaching service for teachers who held a certificate or authorization to practice from Puerto Rico or another United States territory prior to Hurricane Maria and who as a result of the hurricane were forced to relocate to New York. The requirements for such certificate are as follows:
(1)(i) The candidate shall hold a valid certificate or equivalent authorization to practice from Puerto Rico or another U.S. territory impacted by Hurricane Maria that is equivalent to the title and type of the certificate sought;
(ii) if the candidate is unable to provide the Department with a copy of such certificate and/or authorization to practice, the candidate shall either:
(a) submit verification of such certificate from the Department of Education of such U.S. territory or the equivalent thereof, in a form and format prescribed by the Commissioner; or
(b) submit a signed and notarized attestation stating that the candidate holds a valid certificate or the equivalent authorization in Puerto Rico or another U.S. territory that was impacted by Hurricane Maria and as a result of such hurricane he/she is unable to produce written evidence of such certificate.
(2) The candidate shall provide evidence of satisfactory employment in a public school (K-12) in Puerto Rico or another U.S. territory (such as pay-stubs or W-2 forms) impacted by Hurricane Maria in a position that is equivalent to the title and type of the certificate sought. Such experience must be within one year of the stated effective date of this section.
(3) The candidate shall meet the general requirements for certificates prescribed in Subpart 80-1 of this Part, including but not limited to the requirements of section 80-1.3 relating to citizenship, section 80-1.4 relating to study in child abuse identification and reporting, and school violence prevention and intervention; section 80-1.13 relating to coursework or training in harassment, bullying and discrimination prevention and intervention; and section 80-1.1 relating to a criminal history check.
(4) The candidate shall submit satisfactory evidence of having a commitment of employment from a school district or BOCES for one year or employment as a teacher in the area of the certificate sought, which shall include a plan from the school district for mentoring and appropriate instructional support.
(b) Upon meeting the requirements in subdivision (a) of this section, the Commissioner may issue a nonrenewable temporary hardship certificate that is valid until June 30, 2018.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire January 14, 2018.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, NYS Education Department, Office of Counsel, 89 Washington Avenue, Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Kelly Grace, NYS Education Department, 89 Washington Avenue, Room 975 EBA, Albany, NY 12234, (518) 486-3633, email: kelly.grace@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
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.
Education Law 3009 prohibits school district monies from being used to pay the salary of an unqualified teacher.
2. LEGISLATIVE OBJECTIVES:
The purpose of the proposed addition of new section 80-5.26 to the Regulations of the Commissioner of Education is to allow a temporary certificate for teachers who have been displaced from Puerto Rico and/or another U.S. territory as a result of hurricane Maria to teach in New York state, upon meeting certain requirements.
3. NEEDS AND BENEFITS:
As a result, of the category 5 Hurricane that made landfall in Puerto Rico on September 20, 2017, we are anticipating an influx of individuals who are certified teachers in Puerto Rico and other U.S. territories affected by Hurricane Maria coming to New York State, and the Department would like to advance a regulation that will allow individuals who are appropriately certified in Puerto Rico or another U.S. territory and who have been affected by and displaced by Hurricane Maria to become certified in New York for a temporary period of time. The Department also anticipates that many children from Puerto Rico and other U.S. territories will come to New York (possibly staying with family who reside in New York) and enroll in New York State public schools and/or BOCES.
The expectation is that many of these students may not be fluent in English, and the Department wants to ensure that there are a sufficient number of certified teachers capable of teaching and supporting these students so that their education can continue over the course of the next several months.
Proposed Amendment
The Department is proposing to add a new Section 80-5.26 to the Regulations to allow for a temporary certificate for teachers who have been displaced from Puerto Rico and/or other U.S. territories as a result of Hurricane Maria to teach in New York if they meet the following requirements:
(1) The candidate holds a certificate or authorization to teach from Puerto Rico or another U.S. territory prior to Hurricane Maria and who, as a result of the Hurricane, has relocated to NY;
• They must provide satisfactory evidence of such certificate or equivalent authorization, or provide verification of such certificate from the Department of Education of such U.S. territory, or the equivalent thereof, or a notarized attestation that such individual is certified;
(2) They must also provide satisfactory evidence of employment, such as recent pay-stubs or W-2 forms, from a public school in Puerto Rico or another U.S. territory affected by Hurricane Maria in a position that is equivalent to the title and type of certificate sought;
(3) Meet the general requirements for certificates prescribed in Subpart 80-1 (including all workshops and a criminal history check); and
(4) A commitment of employment from a school district or BOCES for one year of employment as a teacher in the area of the certificate sought (including a plan for mentoring from the school district).
The Department recognizes that these candidates may have difficulty obtaining a copy of their certificate and/or proof of employment, therefore, the regulations have allowed for certain alternatives that candidates may use to show proof of certification and employment. However, the Department will be working with the Puerto Rico Department of Education to verify that the candidate has the appropriate certification, to the extent possible, through the Department of Education’s online verification system.
This temporary certificate is valid until June 30, 2018 and would allow the teacher to work in a public school or BOCES for the remainder of the 2017-2018 school. This temporary certificate is not renewable.
However, during this time, teachers from Puerto Rico may pursue a New York State initial teaching certificate through the existing reciprocity pathway provided for in Section 80-5.8 of the Commissioner’s Regulations, which allows certified teachers from other states or U.S. territories to obtain a New York certification if they have at least three years of experience in a public school in another state or territory and the candidates received ratings of effective or highly effective or the substantial equivalent during each of his/her three most recent years of experience. In addition, these candidates must complete the required workshops and receive fingerprint clearance.
If they do not have three years of teaching experience they may also choose to pursue a conditional initial certificate, as set forth in Section 80-5.17 of the Regulations which requires that candidates meet all requirements for an Initial Certificate (including a passing score on the EAS and any required CSTs). The Conditional Initial certificate allows candidates to work in a school district for one year while they complete the edTPA requirement and gain their Initial Certificate.
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:
The proposed amendment is meant to directly address the natural disaster imposed by Hurricane Maria in Puerto Rico and other affected U.S. territories and the individuals displaced by such disaster. No other alternatives were considered at the time.
9. FEDERAL STANDARDS:
There are no applicable Federal standards.
10. COMPLIANCE SCHEDULE:
If adopted as an emergency measure at the October meeting, the proposed amendment will become effective on October 17, 2017. Following the 45-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be adopted by the Board of Regents at its January 2018 meeting. If adopted at the January 2018 meeting, the proposed amendment will become effective on February 7, 2018.
Regulatory Flexibility Analysis
The purpose of the proposed amendment is to provide a temporary certificate for teachers who have been displaced from Puerto Rico and/or another U.S. territory as a result of Hurricane Maria to teach in New York State. This temporary certificate will be available for those who provide evidence that they hold a valid certificate or authorization to teach from Puerto Rico and/or another U.S. territory affected by Hurricane Maria employment in a public school in Puerto Rico or another U.S. territory. The candidate must also complete the required workshops and have a fingerprint clearance, and a commitment of employment from a school district or BOCES in New York.
The proposed 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.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
This proposed amendment applies to all individuals pursuing certification as a teacher in the classroom teaching service from Puerto Rico and/or another U.S. Territory who were directly impacted by Hurricane Maria and came to New York, as well as all New York State school districts and BOCES who wish to hire those individuals, including those 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:
As a result, of the category 5 Hurricane that made landfall in Puerto Rico on September 20, 2017, we are anticipating an influx of individuals who are certified teachers in Puerto Rico and other U.S. territories affected by Hurricane Maria coming to New York State, and the Department would like to advance a regulation that will allow individuals who are appropriately certified in Puerto Rico or another U.S. territory and who have been affected by and displaced by Hurricane Maria to become certified in New York for a temporary period of time. The Department also anticipates that many children from Puerto Rico and other U.S. territories will come to New York (possibly staying with family who reside in New York) and enroll in New York State public schools and/or BOCES.
The expectation is that many of these students may not be fluent in English, and the Department wants to ensure that there are a sufficient number of certified teachers capable of teaching and supporting these students so that their education can continue over the course of the next several months.
Proposed Amendment
The Department is proposing to add a new Section 80-5.26 to the Regulations to allow for a temporary certificate for teachers who have been displaced from Puerto Rico and/or other U.S. territories as a result of Hurricane Maria to teach in New York if they meet the following requirements:
(1) The candidate holds a certificate or authorization to teach from Puerto Rico or another U.S. territory prior to Hurricane Maria and who, as a result of the Hurricane, has relocated to NY;
• They must provide satisfactory evidence of such certificate or equivalent authorization, or provide verification of such certificate from the Department of Education of such U.S. territory, or the equivalent thereof, or a notarized attestation that such individual is certified;
(2) They must also provide satisfactory evidence of employment, such as recent pay-stubs or W-2 forms, from a public school in Puerto Rico or another U.S. territory affected by Hurricane Maria in a position that is equivalent to the title and type of certificate sought;
(3) Meet the general requirements for certificates prescribed in Subpart 80-1 (including all workshops and a criminal history check); and
(4) A commitment of employment from a school district or BOCES for one year of employment as a teacher in the area of the certificate sought (including a plan for mentoring from the school district).
The Department recognizes that these candidates may have difficulty obtaining a copy of their certificate and/or proof of employment, therefore, the regulations have allowed for certain alternatives that candidates may use to show proof of certification and employment. However, the Department will be working with the Puerto Rico Department of Education to verify that the candidate has the appropriate certification, to the extent possible, through the Department of Education’s online verification system.
This temporary certificate is valid until June 30, 2018 and would allow the teacher to work in a public school or BOCES for the remainder of the 2017-2018 school. This temporary certificate is not renewable.
However, during this time, teachers from Puerto Rico may pursue a New York State initial teaching certificate through the existing reciprocity pathway provided for in Section 80-5.8 of the Commissioner’s Regulations, which allows certified teachers from other states or U.S. territories to obtain a New York certification if they have at least three years of experience in a public school in another state or territory and the candidates received ratings of effective or highly effective or the substantial equivalent during each of his/her three most recent years of experience. In addition, these candidates must complete the required workshops and receive fingerprint clearance.
If they do not have three years of teaching experience they may also choose to pursue a conditional initial certificate, as set forth in Section 80-5.17 of the Regulations which requires that candidates meet all requirements for an Initial Certificate (including a passing score on the EAS and any required CSTs). The Conditional Initial certificate allows candidates to work in a school district for one year while they complete the edTPA requirement and gain their Initial Certificate.
3. COSTS:
The proposed amendment does not impose any costs on those pursuing this temporary certificate, and/or the New York State school districts/BOCES who wish to hire them.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment seeks to address the specific disaster caused by Hurricane Maria in Puerto Rico and other U.S. territories. In anticipation of children from the affected areas enrolling in New York Schools, the Department is proposing this temporary certificate to address the increased need for teachers to teach these children, where many will be ELLs.
5. RURAL AREA PARTICIPATION:
Copies of the proposed amendments have been provided to Rural Advisory Committee for review and comment.
Job Impact Statement
The purpose of the proposed amendment is to provide a temporary certificate for teachers who have been displaced from Puerto Rico and/or another U.S. territory as a result of Hurricane Maria to teach in New York State. This temporary certificate will be available for those who provide evidence that they hold a valid certificate or authorization to teach from Puerto Rico and/or another U.S. territory affected by Hurricane Maria employment in a public school in Puerto Rico or another U.S. territory. The candidate must also complete the required workshops and have a fingerprint clearance, and a commitment of employment from a school district or BOCES in New York.
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.
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