(a) A candidate in a registered or approved graduate program of teacher education, school leadership[ or ], school counseling, or school psychology which includes an internship experience(s) and who has completed at least one-half of the semester hour requirement for the program may, at the request of the institution, be issued an internship certificate for a fee of $50.

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

Education Law § 210 authorizes the Regents to register domestic and foreign institutions in terms of New York standards.

Education Law § 305 authorizes the Commissioner to enforce the educational policies of this State and execute all educational policies determined by the Regents and shall prescribe the licensing of teachers employed in this State.

Education Law § 3001 establishes the qualifications of teachers in the classroom.

Education Law § 3004 authorizes the Commissioner to promulgate regulations governing the certification requirements for teachers employed in public schools.

Education Law § 3009 prohibits school districts from paying the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment to section 80-5.9 of the Regulations of the Commissioner of Education relating to the eligibility of School Psychology Candidates for the Internship Certificate rule, is to allow candidates who are enrolled in a registered school psychology program that includes an internship experience and who have completed at least one-half of the semester hour requirements for the program, to become eligible for the Internship certificate. To earn the certificate, they must receive an institutional recommendation for the certificate from their program and complete the fingerprint clearance.

3. NEEDS AND BENEFITS:

Currently, candidates who are enrolled in a registered teacher, school leadership, or school counseling preparation program that includes an internship experience and have completed at least one-half of the semester-hour requirements for the program are eligible for the Internship certificate. To earn the certificate, they must receive an institutional recommendation for the certificate from their program and complete the fingerprint clearance.

The Internship certificate enables candidates to work in a New York State public school in the area of the certificate title for their internship experience. Candidates who are enrolled in a registered school psychology program are not eligible for the Internship certificate. There is interest from the field for the Internship certificate to be available for this group of candidates.

The Department is proposing to allow candidates who are enrolled in a registered school psychology program that includes an internship experience and have completed at least one-half of the semester-hour requirements for the program to be eligible for the Internship certificate. The proposed amendment would allow these candidates to be employed by a school district or BOCES as school psychologists for their internship experience if they apply for and receive the Internship 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:

Because the proposed amendment is necessary to allow candidates who are enrolled in a registered school psychology program that includes an internship experience and have completed at least one-half of the semester-hour requirements for the program to be eligible for the Internship certificate, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

A Notice of Proposed Rule Making will be published in the State Register on March 31, 2021. Following the 60-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its July 2021 meeting. If adopted at the July 2021 meeting, the proposed amendment will become effective on July 28, 2021.

The proposed amendment applies to all higher education institutions 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.

The purpose of the proposed amendment to section 80-5.9 of the Regulations of the Commissioner of Education relating to the eligibility of School Psychology Candidates for the Internship Certificate, is to allow candidates who are enrolled in a registered school psychology program that includes an internship experience and who have completed at least one-half of the semester hour requirements for the program, to become eligible for the Internship certificate. To earn the certificate, they must receive an institutional recommendation for the certificate from their program and complete the fingerprint clearance. The proposal would allow these candidates to be employed by a school district or BOCES as school psychologists for their internship experience if they apply for and receive the Internship certificate.

The amendment does not impose any new recordkeeping or other compliance requirements and will not have an adverse economic impact on small businesses or local governments. Because it is evident from the nature of the proposed technical amendment that it will not affect small businesses or local governments, no further steps were needed to ascertain that fact and none 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 NUMBERS OF RURAL AREAS:

The proposed amendment applies to all higher education institutions 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, candidates who are enrolled in a registered teacher, school leadership, or school counseling preparation program that includes an internship experience and have completed at least one-half of the semester-hour requirements for the program are eligible for the Internship certificate. To earn the certificate, they must receive an institutional recommendation for the certificate from their program and complete the fingerprint clearance.

The Internship certificate enables candidates to work in a New York State public school in the area of the certificate title for their internship experience. Candidates who are enrolled in a registered school psychology program are not eligible for the Internship certificate. There is interest from the field for the Internship certificate to be available for this group of candidates.

The Department is proposing to allow candidates who are enrolled in a registered school psychology program that includes an internship experience and have completed at least one-half of the semester-hour requirements for the program to be eligible for the Internship certificate. The proposal would allow these candidates to be employed by a school district or BOCES as school psychologists for their internship experience if they apply for and receive the Internship certificate.

3. COSTS:

The proposed amendment does not impose any costs on institutional candidates and/or New York State school districts or BOCES.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment will enable candidates to have increased opportunities to fulfill their internship experiences while working in the New York State public school system. No alternatives were considered for those institutions located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to the New York Association of Colleges for Teacher Education for review and comment.

The purpose of the proposed amendment to section 80-5.9 of the Regulations of the Commissioner of Education relating to the eligibility of School Psychology Candidates for the Internship Certificate rule, is to allow candidates who are enrolled in a registered school psychology program that includes an internship experience and who have completed at least one-half of the semester hour requirements for the program, to become eligible for the Internship certificate. To earn the certificate, they must receive an institutional recommendation for the certificate from their program and complete the fingerprint clearance. The proposed amendment would allow these candidates to be employed by a school district or BOCES as school psychologists for their internship experience if they apply for and receive the Internship certificate.

Because it is evident from the nature of the proposed amendment that it will have no impact on the existing number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.