(b) Requirements for the extension to teach a subject in grades 5-6.

The candidate shall meet the requirements in each of the following paragraphs:

(1) The candidate shall hold a valid [provisional,] permanent, initial, or professional certificate in English language arts (7-12), language other than English (7-12), mathematics (7-12), biology (7-12), chemistry (7-12), earth science (7-12), physics (7-12), [or] social studies (7-12), or in any specific career and technical education subject (7-12).

(2) . . .

2. Subparagraph (iii) of paragraph (4) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education shall be amended to read as follows:

(iii) Programs leading to extensions to authorize the teaching of a subject in grades 5 and 6 for certificates in teaching biology, chemistry, earth science, English, mathematics, physics, or social studies (grades 7 through 12) or for any specific career and technical education title (grades 7 through 12), shall require study of at least 6 semester hours in middle childhood education. Such study shall include early adolescent development and the application of diverse instructional strategies in middle childhood education, including interdisciplinary teaching and teaming of students and faculty to maximize student learning.

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, and fix the value of degrees, diplomas and certificates issued by institutions of other states or countries.

Education Law 215(not subdivided) authorizes the Regents, the Commissioner or their representatives to visit, examine into and inspect, any institution in the university and any school or institution under the educational supervision of the state, and may require report giving such information in a form as the Regents may prescribe.

Education Law 305(1) and (3) 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(1) 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 amendments to § 52.21 and § 80-4.3 of the Regulations of the Commissioner of Education is to create an extension for holders of the Career and Technical Education certificate to teach grades 5 and 6.

3. NEEDS AND BENEFITS:

Currently, subject area teachers in grades 7-12 can earn an extension to teach a subject in grades 5 and 6 if they complete six semester hours of coursework at the middle childhood developmental level. The proposed amendment to § 80-4.3 of the Commissioner’s Regulations allows career and technical education teachers in grades 7-12 to be eligible for an extension to teach in specific career and technical education certificate titles in grades 5 and 6 if they also complete middle childhood developmental level coursework. In addition, the proposed amendment removes provisional certificates from the list of certificate types that can receive an extension to teach in grades 5 and 6 because there are no longer any teachers who hold this type of certificate.

This revision would enable teachers who hold particular career and technical certificate titles (Business Management and Administration titles, Family and Consumer Science titles, Agriculture titles, any Trade or Technical titles, and Health Occupations) in grades 7-12 to teach courses in grades 5 and 6 that satisfy the middle level CTE requirement. The extension would provide school districts with flexibility to schedule the unit of study requirements in buildings with different grade-level configurations.

The proposed amendment also revises § 52.21 of the Commissioner’s Regulations to allow institutions of higher education to develop an educator preparation program that leads to an extension to teach in grades 5 and 6 in any specific career and technical education title.

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:

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:

It is anticipated that the proposed amendment will be permanently adopted by the Board of Regents at its February 2019 meeting. If adopted at the February 2019 meeting, the proposed amendment will become effective on February 27, 2019.

The purpose of the proposed amendments to § 52.21 and § 80-4.3 of the Regulations of the Commissioner of Education is to create an extension for holders of the Career and Technical Education certificate to teach grades 5 and 6.

Currently, subject area teachers in grades 7-12 can earn an extension to teach a subject in grades 5 and 6 if they complete six semester hours of coursework at the middle childhood developmental level. The proposed amendment to § 80-4.3 of the Commissioner’s Regulations allows career and technical education teachers in grades 7-12 to be eligible for an extension to teach in specific career and technical education certificate titles in grades 5 and 6 if they also complete middle childhood developmental level coursework. In addition, the proposed amendment removes provisional certificates from the list of certificate types that can receive an extension to teach in grades 5 and 6 because there are no longer any teachers who hold this type of certificate.

The proposed amendment also revises § 52.21 of the Commissioner’s Regulations to allow institutions of higher education to develop an educator preparation program that leads to an extension to teach in grades 5 and 6 in any specific career and technical education title.

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 amendment that it does 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:

This proposed amendment applies to all career and technical education teachers in grades 7-12 in New York 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:

The purpose of the proposed amendments to § 52.21 and § 80-4.3 of the Regulations of the Commissioner of Education is to create an extension for holders of the Career and Technical Education certificate to teach grades 5 and 6.

Currently, subject area teachers in grades 7-12 can earn an extension to teach a subject in grades 5 and 6 if they complete six semester hours of coursework at the middle childhood developmental level. The proposed amendment to § 80-4.3 of the Commissioner’s Regulations allows career and technical education teachers in grades 7-12 to be eligible for an extension to teach in specific career and technical education certificate titles in grades 5 and 6 if they also complete middle childhood developmental level coursework. In addition, the proposed amendment removes provisional certificates from the list of certificate types that can receive an extension to teach in grades 5 and 6 because there are no longer any teachers who hold this type of certificate.

The proposed amendment also revises § 52.21 of the Commissioner’s Regulations to allow institutions of higher education to develop an educator preparation program that leads to an extension to teach in grades 5 and 6 in any specific career and technical education title.

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 § 52.21 and § 80-4.3 of the Regulations of the Commissioner of Education is to create an extension for holders of the Career and Technical Education certificate to teach grades 5 and 6.

Currently, subject area teachers in grades 7-12 can earn an extension to teach a subject in grades 5 and 6 if they complete six semester hours of coursework at the middle childhood developmental level. The proposed amendment to § 80-4.3 of the Commissioner’s Regulations allows career and technical education teachers in grades 7-12 to be eligible for an extension to teach in specific career and technical education certificate titles in grades 5 and 6 if they also complete middle childhood developmental level coursework. In addition, the proposed amendment removes provisional certificates from the list of certificate types that can receive an extension to teach in grades 5 and 6 because there are no longer any teachers who hold this type of certificate.

The proposed amendment also revises § 52.21 of the Commissioner’s Regulations to allow institutions of higher education to develop an educator preparation program that leads to an extension to teach in grades 5 and 6 in any specific career and technical education title.

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.