This section prescribes requirements for meeting the education requirements for classroom teaching certificates through individual evaluation. [Except as otherwise provided in this section, this option for meeting education requirements shall only be available for candidates who apply for a certificate in childhood education by February 1, 2007 and for candidates who apply for a certificate in early childhood education (birth-grade 2), generalist in middle childhood education (grades 5-9), English language arts (grades 5-9), English language arts (grades 7-12), literacy (birth-grade 6) and literacy grades (5-12) on or before April 30, 2014 provided that upon application candidates qualify for such certificate.] Candidates who apply for any [other certificate] of the certificates in the classroom teaching service as described herein may continue to meet the education requirements for classroom teaching certificates through individual evaluation. Candidates with a graduate degree in science, technology, engineering or mathematics who apply for an initial teaching certificate under subclause (a)(3)(ii)(c)(3) of this section may continue to meet the education requirements for classroom teaching certificates through individual evaluation after May 1, 2014. The candidate must have achieved a 2.5 cumulative grade point average or its equivalent in the program or programs leading to any degree used to meet the requirements for a certificate under this section. In addition, a candidate must have achieved at least a C or its equivalent in any undergraduate level course and at least a B- or its equivalent in any graduate level course in order for the semester hours associated with that course to be credited toward meeting the content core or pedagogical core semester hour requirements for a certificate under this section. All other requirements for the certificate, including but not limited to, examination and/or experience requirements, as prescribed in this Part, must also be met.

2. Subparagraph (iii) of paragraph (3) of subdivision (a) of section 80-3.3 of the Regulations of the Commissioner of Education shall be amended, effective September 2, 2018, to read as follows:

(iii) The option to complete the education requirements for the certificates specified in subparagraphs (i) and (ii) of this paragraph through equivalent study, as determined by individual evaluation in accordance with the requirements of section 80-3.7 of this Subpart will continue to be available for individuals who hold an initial, professional, provisional or permanent certificate in the classroom teaching service. [For candidates who do not already hold an initial, professional, provisional or permanent certificate in the classroom teaching service, this option will only be available to candidates who apply for a certificate in childhood education by February 1, 2007 or for candidates who apply for a certificate in early childhood education (birth-grade 2), generalist in middle childhood education (grades 5-9), English language arts (grades 5-9), English language arts (grades 7-12), literacy (birth-grade 6) and literacy grades (5-12) on or before April 30, 2014 and who upon application qualify for such certificate; or for candidates who apply for any other certificate in the classroom teaching service.]

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 210 (not subdivided) authorizes the Regents to register domestic and foreign institutions in terms of New York standards.

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 money from being used to pay the salary of an unqualified teacher.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendments to Sections 80-3.3 and 80-3.7 of the Regulations of the Commissioner of Educations is to allow individual evaluation for certain certificate titles in the classroom teaching service as a pathway for certification. Under individual evaluation, candidates are required to submit evidence of coursework and field experience to the Department for evaluation. The Office of Teaching Initiatives reviews candidates’ transcript(s) and supporting materials to determine if the certification requirements are met.

3. NEEDS AND BENEFITS:

For each certificate title in the classroom teaching service, there are typically several pathways for certification. In 2003, the Board of Regents revised the certification requirements for teachers by creating a pathway for individual evaluation for candidates who have not completed an approved teacher education program. The original individual evaluation pathway was established as a means to address teacher shortage areas and included a sunset date of February 1, 2007 for certificates in childhood education and February 1, 2009 for all other certificates in the classroom teaching service. These dates were ultimately extended, resulting in a continuation of individual evaluation for all certificate titles except for Early Childhood, Generalist in Middle Childhood Education, ELA, and Literacy.

The Department has been contacted by numerous districts in different areas of New York State that have indicated that they are having difficulty finding qualified teachers in certain certificate areas. To help address the reported teacher shortages in New York State, the Department is proposing to reinstate individual evaluation for the following certificate titles: Early Childhood Education (Birth-Grade 2), Childhood Education (Grades 1-6), Generalist in Middle Childhood Education (Grades 5-9), English Language Arts (Grades 5-9 and Grades 7-12), and Literacy (Birth-Grade 6 and Grades 5-12). The proposed change will allow qualified candidates to become certified in these areas, creating larger pools of qualified teachers for school district hiring.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendments do not impose any costs on local government.

c. Costs to private regulated parties: The amendment do 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 Department believes that uniform standards for certification must be established across the State. Therefore, no alternatives were considered for those located in rural areas of the State.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be adopted as a permanent rule by the Board of Regents at its July 2018 meeting. If adopted at the July 2018 meeting, the proposed amendment will become effective on September 2, 2018.

(a) Small businesses:

The purpose of the proposed amendments to Sections 80-3.3 and 80-3.7 of the Regulations of the Commissioner of Educations is to reinstate individual evaluation for certain certificate titles in the classroom teaching service as a pathway for certification.

The amendment does not impose any new recordkeeping or other compliance requirements, and will not have an adverse economic impact on 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 is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The purpose of the proposed amendments to Sections 80-3.3 and 80-3.7 of the Regulations of the Commissioner of Educations is to reinstate individual evaluation for certain certificate titles in the classroom teaching service as a pathway for certification. For each certificate title in the classroom teaching service, there are typically several pathways for certification. In 2003, the Board of Regents revised the certification requirements for teachers by creating a pathway for individual evaluation for candidates who have not completed an approved teacher education program. The original individual evaluation pathway was established as a means to address teacher shortage areas and included a sunset date of February 1, 2007 for certificates in childhood education and February 1, 2009 for all other certificates in the classroom teaching service. These dates were ultimately extended, resulting in a continuation of individual evaluation for all certificate titles except for Early Childhood, Generalist in Middle Childhood Education, ELA, and Literacy.

The Department has been contacted by numerous districts in different areas of New York State that have indicated that they are having difficulty finding qualified teachers in certain certificate areas. To help address the reported teacher shortages in New York State, the Department is proposing to reinstate individual evaluation for the following certificate titles: Early Childhood Education (Birth-Grade 2), Childhood Education (Grades 1-6), Generalist in Middle Childhood Education (Grades 5-9), English Language Arts (Grades 5-9 and Grades 7-12), and Literacy (Birth-Grade 6 and Grades 5-12). The proposed change will allow qualified candidates to become certified in these areas, creating larger pools of qualified teachers for school district hiring.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment does not impose any new recordkeeping or other compliance requirements on school districts and BOCES.

3. PROFESSIONAL SERVICES:

No professional services are needed to comply with the proposed amendment.

4. COMPLIANCE COSTS:

The proposed amendment does not impose any additional compliance costs on school districts and BOCES.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any additional technological requirements on school districts and BOCES.

6. MINIMIZING ADVERSE IMPACT:

The Department believes that uniform certification and tenure standards must be established for all teachers employed in school districts and BOCES across the State. Therefore, no alternatives were considered. Moreover, the proposed amendment does not directly impose any additional compliance requirements or costs on school districts.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts and from charter schools.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

This proposed amendment applies to all individuals in New York State pursuing individual evaluation for certain certificate titles in the classroom teaching service, 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:

The purpose of the proposed amendments to Sections 80-3.3 and 80-3.7 of the Regulations of the Commissioner of Educations is to reinstate individual evaluation for certain certificate titles in the classroom teaching service as a pathway for certification. Under individual evaluation, candidates are required to submit evidence of coursework and field experience to the Department for evaluation. The Office of Teaching Initiatives reviews candidates’ transcript(s) and supporting materials to determine if the certification requirements are met.

For each certificate title in the classroom teaching service, there are typically several pathways for certification. In 2003, the Board of Regents revised the certification requirements for teachers by creating a pathway for individual evaluation for candidates who have not completed an approved teacher education program. The original individual evaluation pathway was established as a means to address teacher shortage areas and included a sunset date of February 1, 2007 for certificates in childhood education and February 1, 2009 for all other certificates in the classroom teaching service. These dates were ultimately extended, resulting in a continuation of individual evaluation for all certificate titles except for Early Childhood, Generalist in Middle Childhood Education, ELA, and Literacy.

The Department has been contacted by numerous districts in different areas of New York State that have indicated that they are having difficulty finding qualified teachers in certain certificate areas. To help address the reported teacher shortages in New York State, the Department is proposing to reinstate individual evaluation for the following certificate titles: Early Childhood Education (Birth-Grade 2), Childhood Education (Grades 1-6), Generalist in Middle Childhood Education (Grades 5-9), English Language Arts (Grades 5-9 and Grades 7-12), and Literacy (Birth-Grade 6 and Grades 5-12). The proposed change will allow qualified candidates to become certified in these areas, creating larger pools of qualified teachers for school district hiring.

3. COSTS:

The proposed amendment does not impose any costs on teacher certification candidates and/or the New York State school districts/BOCES who wish to hire them.

4. MINIMIZING ADVERSE IMPACT:

The Department believes that uniform standards for certification must be established across the State. Therefore, no alternatives were considered for those located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to Rural Advisory Committee for review and comment.

The purpose of the proposed amendments to Sections 80-3.3 and 80-3.7 of the Regulations of the Commissioner of Educations is to reinstate individual evaluation for certain certificate titles in the classroom teaching service as a pathway for certification.

The Department has been contacted by numerous districts in different areas of New York State that have indicated that they are having difficulty finding qualified teachers in certain certificate areas. To help address the reported teacher shortages in New York State, the Department is proposing to reinstate individual evaluation for the following certificate titles: Early Childhood Education (Birth-Grade 2), Childhood Education (Grades 1-6), Generalist in Middle Childhood Education (Grades 5-9), English Language Arts (Grades 5-9 and Grades 7-12), and Literacy (Birth-Grade 6 and Grades 5-12). The proposed change will allow qualified candidates to become certified in these areas, creating larger pools of qualified teachers for school district hiring.

Because it is evident from the nature of the proposed amendments that they 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.