§ 80-3.15 Statement of continued eligibility for teachers of students with disabilities ho teach a special class in grades 7-12.

(a) Upon application, a person who meets the requirements of this section and is employed in a public school or other school for which teacher certification is required to teach a special class, as defined in section 200.1(uu) of this Title, may be issued a statement of continued eligibility pursuant to which such person may teach one or more of the following subject areas in a special class without a teaching certificate in these areas as is required under this Part: biology, chemistry, earth science, English Language Arts, general science, language other than English (specified) in either (grades 5-9) or (grades 7-12), mathematics, physics, and social studies; provided that such person holds a valid initial or professional certificate in the classroom teaching service in students with disabilities (grades 7-12) generalist, students with disabilities (grades 7-12) content specialist, students with disabilities (grades 5-9) generalist, students with disabilities (grades 5-9) content specialist; or the special education [(grades K-12)] generalist permanent certificate and meets the requirements of this section for each subject area for which the person is seeking a statement of continued eligibility.

(b) ..

(c) The statement of continued eligibility shall be valid for service in any district and shall be continuously valid provided that the person holds a valid initial or professional certificate in students with disabilities [generalist (grades 7-12)] (grades 7-12) generalist, students with disabilities (grades 7-12) content specialist, students with disabilities (grades 5-9) generalist, students with disabilities (grades 5-9) content specialist, or the special education generalist permanent certificate and is teaching in a special class, as defined in section 200.1(uu) of this Title.

2. Subdivision (n) of section 80-4.3 of the Regulations of the Commissioner of Education shall be amended to read as follows:

(n) Requirements for the extension to teach certain subjects in grades 7-12.

(1) Purpose. The purpose of an extension issued under this section is to authorize a teacher who [is certified] holds a valid initial or professional certificate in the classroom teaching service in students with disabilities (grades 5-9[-generalist) or (grades 7-12-generalist]) generalist, students with disabilities (grades 5-9) content specialist, students with disabilities (grades 7-12) generalist, students with disabilities (grades 7-12) content specialist, or the special education generalist permanent certificate to authorize the teacher to be employed as the teacher of record for students with disabilities in certain subjects.

(2) Subjects for which extension may be obtained. A teacher who [is certified] holds a valid initial or professional certificate in the classroom teaching service in students with disabilities [ (grades 5-9 generalist) or (grades 7-12-generalist]) generalist, students with disabilities (grades 5-9) content specialist, students with disabilities (grades 7-12) generalist, students with disabilities (grades 7-12) content specialist, or the special education generalist permanent certificate may seek an extension under this subdivision in one of the following subjects: mathematics; English language arts; biology; chemistry; earth science; physics; social studies; language other than English (specified) in either (grades 5-9) or (grades 7 through 12).

(3) Requirements for the extension. The candidate shall meet the requirements in each of the following paragraphs:

(i) the candidate shall hold a valid initial or professional certificate in [students with disabilities (grades 7-12 generalist) or] students with disabilities (grades 5-9 [generalist) or a valid provisional or permanent certificate for teaching students with disabilities in (grades pre-K through 12)]) generalist, students with disabilities (grades 5-9) content specialist, students with disabilities (grades 7-12) generalist, students with disabilities (grades 7-12) content specialist, or the special education generalist permanent certificate;

3. Subdivision (t) of section 80-4.3 of the Regulations of the Commissioner of Education shall be amended to read as follows:

(t) Requirements for the issuance of a limited extension to teach a specific subject in a special class in grades 7-12.

(1) Purpose. The purpose of limited extensions issued under this subdivision is to authorize a teacher who holds a valid initial or professional certificate in the classroom teaching service in students with disabilities (grades 7-12) generalist, students with disabilities (grades 7-12) content specialist, students with disabilities (grades 5-9) generalist, students with disabilities (grades 5-9) content specialist, or the special education [(grades K-12)] generalist permanent certificate to teach one of the following subject areas in a special class as defined in section 200.1(uu) of this Title: biology, chemistry, earth science, English Language Arts, general science, language other than English (specified) in either (grades 5-9) or (grades 7-12), mathematics, physics, and social studies.

(2) …

(3) Requirements for a limited extension. A limited extension may be issued to a candidate in a specific subject area provided that the candidate holds a valid initial or professional certificate in the classroom teaching service in students with disabilities [generalist (grades 7-12)] (grades 7-12) generalist, students with disabilities (grades 7-12) content specialist, students with disabilities (grades 5-9) generalist, students with disabilities (grades 5-9) content specialist, or the special education generalist permanent certificate and meets the requirements in one of the following subparagraphs:

(i) . . .

(ii) . . .

(iii) . .

(iv) . . .

(v) . . .

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 215 authorizes the Regents and/or the Commissioner to visit, examine and inspect any institution in the university and any school or institution under the educational supervision of the state.

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 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:

Consistent with the above statutory authority, proposed amendments to Section 80-3.15 and 80-4.3 of the Regulations of the Commissioner of Education includes additional subject areas to the limited extension and statement of continued eligibility (SOCE) for certain teachers of students with disabilities and makes technical amendments to the limited extension, SOCE, and subject area extensions in grades 7-12 for certain teachers of students with disabilities to provide consistency throughout the regulations.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendments to § 80-3.15 and § 80-4.3 of the Regulations of the Commissioner of Education is to create additional subject areas to the limited extension and statement of continued eligibility (SOCE) for certain teachers of students with disabilities and technical amendments to the limited extension, SOCE, and subject area extensions in grades 7-12 for certain teachers of students with disabilities.

Teachers of students with disabilities who teach a special class in grades 7-12 and earn an SOCE are deemed certified in the subject area. The limited extension is available for teachers who are not eligible for the SOCE and is valid for five years while they pursue the requirements for the subject area certificate or subject area extension in grades 7-12. The limited extension is renewable one time for an additional five years under certain conditions. The limited extension and SOCE are only valid in a special class as defined in § 200.1(uu) of the Regulations of the Commissioner of Education.

The Board of Regents added the following certificate titles eligible for the limited extension and SOCE at their February 2019 meeting: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist. Expanding the list of eligible certificate titles enable more qualified teachers of students with disabilities who teach a special class in grades 7-12 to seek the limited extension and SOCE.

When the limited extension and SOCE regulations were amended to include the new certificate titles, the titles were not added to all subdivisions of the regulations. The new certificate titles also need to be added to the list of eligible certificates for the subject area extension in grades 7-12 so that teachers who hold a certificate in one of the titles and a limited extension in a subject area could be eligible for the subject area extension in grades 7-12.

Finally, school districts and BOCES have shared with the Department that teachers of students with disabilities who teach a special class have been teaching general science and languages other than English as well as the core subject areas. They have expressed a need to add general science and languages other than English as subject areas for the limited extension and SOCE.

The Department is proposing to add general science and languages other than English in either grades 5-9 or grades 7-12 to the list of subject areas for the limited extension and SOCE in response to school district and BOCES needs. For teachers who earn the limited extension in general science and progress towards the General Science Extension, they would need to hold a valid Initial or Professional Biology, Chemistry, Earth Science, or Physics certificate to fulfill the requirements for the General Science Extension.

The following certificate titles would be added to the limited extension, SOCE, and subject area extension in grades 7-12 in appropriate places in the regulations: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist.

4. COSTS:

(a) Costs to State government: There are no additional costs to State government.

(b) Costs to local government: There are no additional costs to local government.

(c) Cost to private regulated parties: There are no additional costs to private regulated parties.

(d) Cost to the regulatory agency: There are no additional costs to the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any program, service, duty, or responsibility on local governments.

6. PAPERWORK:

There are no new forms, reporting requirements, or other recordkeeping associated with the proposed amendment.

7. DUPLICATION:

The proposed amendment does not duplicate any other existing State or federal requirements.

8. ALTERNATIVES:

Because the State believes that uniform certification standards are required across the State, 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 October 23, 2019. 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 January 2019 meeting. If adopted at the January 2019 meeting, the proposed amendment will become effective on January 27, 2019.

The purpose of the proposed amendment is to include additional subject areas to the limited extension and statement of continued eligibility (SOCE) for certain teachers of students with disabilities and to make technical amendments to the limited extension, SOCE, and subject area extensions in grades 7-12 for certain teachers of students with disabilities.

The Board of Regents added the following certificate titles eligible for the limited extension and SOCE at their February 2019 meeting: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist. Expanding the list of eligible certificate titles will enable more qualified teachers of students with disabilities who teach a special class in grades 7-12 to seek the limited extension and SOCE.

When the limited extension and SOCE regulations were amended to include the new certificate titles, the titles were not added to all subdivisions of the regulations. The new certificate titles also need to be added to the list of eligible certificates for the subject area extension in grades 7-12 so that teachers who hold a certificate in one of the titles and a limited extension in a subject area could be eligible for the subject area extension in grades 7-12.

Finally, school districts and BOCES have shared with the Department that teachers of students with disabilities who teach a special class have been teaching general science and languages other than English as well as the core subject areas. They have expressed a need to add general science and languages other than English as subject areas for the limited extension and SOCE.

The Department is proposing to add general science and languages other than English in either grades 5-9 or grades 7-12 to the list of subject areas for the limited extension and SOCE in response to school district and BOCES needs. For teachers who earn the limited extension in general science and progress towards the General Science Extension, they would need to hold a valid Initial or Professional Biology, Chemistry, Earth Science, or Physics certificate to fulfill the requirements for the General Science Extension.

In addition, the following certificate titles would be added to the limited extension, SOCE, and subject area extension in grades 7-12 in appropriate places in the regulations: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist. The additions make the list of eligible certificate titles for the three credentials consistent throughout the regulations and enable teachers who hold a certificate in one of the titles and a limited extension in a subject area to be eligible for the subject area extension in grades 7-12.

The amendments do 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 amendments that they 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 is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendments apply to all teachers of students with disabilities who hold a Students with Disabilities Generalist certificate in grades 7-12 and teach one or more core subject areas in special classes, 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 §§ 80-3.15 and 80-4.3 of the Regulations of the Commissioner of Education is to include additional subject areas to the limited extension and statement of continued eligibility (SOCE) for certain teachers of students with disabilities and to make technical amendments to the limited extension, SOCE, and subject area extensions in grades 7-12 for certain teachers of students with disabilities.

The Board of Regents added the following certificate titles eligible for the limited extension and SOCE at their February 2019 meeting: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist. Expanding the list of eligible certificate titles enable more qualified teachers of students with disabilities who teach a special class in grades 7-12 to seek the limited extension and SOCE.

When the limited extension and SOCE regulations were amended to include the new certificate titles, the titles were not added to all subdivisions of the regulations. The new certificate titles also need to be added to the list of eligible certificates for the subject area extension in grades 7-12 so that teachers who hold a certificate in one of the titles and a limited extension in a subject area could be eligible for the subject area extension in grades 7-12.

Finally, school districts and BOCES have shared with the Department that teachers of students with disabilities who teach a special class have been teaching general science and languages other than English as well as the core subject areas. They have expressed a need to add general science and languages other than English as subject areas for the limited extension and SOCE.

The Department is proposing to add general science and languages other than English in either grades 5-9 or grades 7-12 to the list of subject areas for the limited extension and SOCE in response to school district and BOCES needs. For teachers who earn the limited extension in general science and progress towards the General Science Extension, they would need to hold a valid Initial or Professional Biology, Chemistry, Earth Science, or Physics certificate to fulfill the requirements for the General Science Extension.

In addition, the following certificate titles would be added to the limited extension, SOCE, and subject area extension in grades 7-12 in appropriate places in the regulations: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist. The additions make the list of eligible certificate titles for the three credentials consistent throughout the regulations and enable teachers who hold a certificate in one of the titles and a limited extension in a subject area to be eligible for the subject area extension in grades 7-12.

3. COSTS:

The proposed amendments do 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 the additions make the list of eligible certificate titles for the three credentials consistent throughout the regulations and enable teachers who hold a certificate in one of the titles and a limited extension in a subject area to be eligible for the subject area extension in grades 7-12. 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 § 80-3.15 and § 80-4.3 of the Regulations of the Commissioner of Education is to create additional subject areas to the limited extension and statement of continued eligibility (SOCE) for certain teachers of students with disabilities and technical amendments to the limited extension, SOCE, and subject area extensions in grades 7-12 for certain teachers of students with disabilities.

Teachers of students with disabilities who teach a special class in grades 7-12 and earn an SOCE are deemed certified in the subject area. The limited extension is available for teachers who are not eligible for the SOCE and is valid for five years while they pursue the requirements for the subject area certificate or subject area extension in grades 7-12. The limited extension is renewal one time for an additional five years under certain conditions. The limited extension and SOCE are only valid in a special class.

The Board of Regents added the following certificate titles eligible for the limited extension and SOCE at their February 2019 meeting: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist. Expanding the list of eligible certificate titles enable more qualified teachers of students with disabilities who teach a special class in grades 7-12 to seek the limited extension and SOCE.

When the limited extension and SOCE regulations were amended to include the new certificate titles, the titles were not added to all subdivisions of the regulations. The new certificate titles also need to be added to the list of eligible certificates for the subject area extension in grades 7-12 so that teachers who hold a certificate in one of the titles and a limited extension in a subject area could be eligible for the subject area extension in grades 7-12.

Finally, school districts and BOCES have shared with the Department that teachers of students with disabilities who teach a special class have been teaching general science and languages other than English as well as the core subject areas. They have expressed a need to add general science and languages other than English as subject areas for the limited extension and SOCE.

The Department is proposing to add general science and languages other than English in either grades 5-9 or grades 7-12 to the list of subject areas for the limited extension and SOCE in response to school district and BOCES needs. For teachers who earn the limited extension in general science and progress towards the General Science Extension, they would need to hold a valid Initial or Professional Biology, Chemistry, Earth Science, or Physics certificate to fulfill the requirements for the General Science Extension.

In addition, the following certificate titles would be added to the limited extension, SOCE, and subject area extension in grades 7-12 in appropriate places in the regulations: Students with Disabilities (Grades 5-9) Generalist and Content Specialist, Students with Disabilities (Grades 7-12) Content Specialist, and the Permanent Special Education Generalist. The additions make the list of eligible certificate titles for the three credentials consistent throughout the regulations and enable teachers who hold a certificate in one of the titles and a limited extension in a subject area to be eligible for the subject area extension in grades 7-12.

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.