§ 80-3.15 Statement of continued eligibility for teachers of students with disabilities who 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, 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 [(grades 7-12)], 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.

2. Paragraph (1) of subdivision (r) of section 80-4.3 of the Regulations of the Commissioner of Education shall be amended to read as follows:

(r) Requirements for a grade-level extension to teach students with disabilities (grades 5-6). The candidate shall meet the requirements in each of the following paragraphs:

(1) the candidate shall hold a valid initial or professional certificate in students with disabilities (grades 7-12 [generalist]) generalist and students with disabilities (grades 7-12) content specialist;

4. Paragraph (1) of subdivision (s) of section 80-4.3 of the Regulations of the Commissioner of Education shall be amended to read as follows:

(s) Requirements for a grade-level extension to teach students with disabilities in (grades 10-12). The candidate shall meet the requirements in each of the following paragraphs:

(1) the candidate shall hold a valid initial or professional certificate in students with disabilities (grades 5-9) generalist and students with disabilities (grades 5-9) content specialist;

4. Paragraph (1) of 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 [(grades 7-12)], 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 Tile: biology, chemistry, earth science, English Language Arts, mathematics, physics, and social studies.

5. Clause (a) of subparagraph (v) of paragraph (3) of subdivision (t) of section 80-4.3 of the Commissioner’s regulations is amended to read as follows:

(a) at least two years of satisfactory full-time teaching experience in grades 7-12 in the subject area in which the limited extension is sought or in a closely related subject area acceptable to the department; or

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 § 80-3.15 and § 80-4.3 of the Regulations of the Commissioner of Education is to add certificate titles eligible for grade level extensions, limited extensions, and a statement of continued eligibility for certain teachers of students with disabilities.

3. NEEDS AND BENEFITS:

The proposed amendment adds the Students with Disabilities (Grades 7-12) content specialist certificates, Students with Disabilities (Grades 5-9) Generalist certificate, Students with Disabilities (Grades 5-9) content specialist certificates, and Special Education (K-Grade 12) certificate to the list of certificate titles eligible for limited extensions and a Statement of Continued Eligibility (SOCE) for teachers of students with disabilities who teach a special class in grades 7-12. The proposed amendment also adds the Students with Disabilities (Grades 7-12) content specialist certificates and the Students with Disabilities (Grades 5-9) content specialist certificates to the list of certificate titles eligible for the grades 5-6 extension and grades 10-12 extension, respectively. Expanding the list of eligible certificate titles enables more qualified teachers of students with disabilities to seek the grade level extensions, limited extensions, and SOCE.

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 § 80-3.15 and § 80-4.3 of the Regulations of the Commissioner of Education is to add certificate titles eligible for grade level extensions, limited extensions, and a statement of continued eligibility for certain teachers of students with disabilities. The proposed amendment adds the Students with Disabilities (Grades 7-12) content specialist certificates, Students with Disabilities (Grades 5-9) Generalist certificate, Students with Disabilities (Grades 5-9) content specialist certificates, and Special Education (K-Grade 12) certificate to the list of certificate titles eligible for limited extensions and a Statement of Continued Eligibility (SOCE) for teachers of students with disabilities who teach a special class in grades 7-12. The proposed amendment also adds the Students with Disabilities (Grades 7-12) content specialist certificates and the Students with Disabilities (Grades 5-9) content specialist certificates to the list of certificate titles eligible for the grades 5-6 extension and grades 10-12 extension, respectively. Expanding the list of eligible certificate titles enables more qualified teachers of students with disabilities to seek the grade level extensions, limited extensions, and SOCE.

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 certain teachers of students with disabilities 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 § 80-3.15 and § 80-4.3 of the Regulations of the Commissioner of Education is to add certificate titles eligible for grade level extensions, limited extensions, and a statement of continued eligibility for certain teachers of students with disabilities.

The proposed amendment adds the Students with Disabilities (Grades 7-12) content specialist certificates, Students with Disabilities (Grades 5-9) Generalist certificate, Students with Disabilities (Grades 5-9) content specialist certificates, and Special Education (K-Grade 12) certificate to the list of certificate titles eligible for limited extensions and a Statement of Continued Eligibility (SOCE) for teachers of students with disabilities who teach a special class in grades 7-12. The proposed amendment also adds the Students with Disabilities (Grades 7-12) content specialist certificates and the Students with Disabilities (Grades 5-9) content specialist certificates to the list of certificate titles eligible for the grades 5-6 extension and grades 10-12 extension, respectively. Expanding the list of eligible certificate titles enables more qualified teachers of students with disabilities to seek the grade level extensions, limited extensions, and SOCE.

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 § 80-3.15 and § 80-4.3 of the Regulations of the Commissioner of Education is to add certificate titles eligible for grade level extensions, limited extensions, and a statement of continued eligibility for certain teachers of students with disabilities. The proposed amendment adds the Students with Disabilities (Grades 7-12) content specialist certificates, Students with Disabilities (Grades 5-9) Generalist certificate, Students with Disabilities (Grades 5-9) content specialist certificates, and Special Education (K-Grade 12) certificate to the list of certificate titles eligible for limited extensions and a Statement of Continued Eligibility (SOCE) for teachers of students with disabilities who teach a special class in grades 7-12. The proposed amendment also adds the Students with Disabilities (Grades 7-12) content specialist certificates and the Students with Disabilities (Grades 5-9) content specialist certificates to the list of certificate titles eligible for the grades 5-6 extension and grades 10-12 extension, respectively. Expanding the list of eligible certificate titles enables more qualified teachers of students with disabilities to seek the grade level extensions, limited extensions, and SOCE.

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.