Satisfaction of Education Requirements for Certification in the Classroom Teaching Service Thro...

NY-ADR

3/12/14 N.Y. St. Reg. EDU-10-14-00010-P
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 10
March 12, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-10-14-00010-P
Satisfaction of Education Requirements for Certification in the Classroom Teaching Service Through Individual Evaluation
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 80-3.3(a)(3)(iii) and 80-3.7 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 210(not subdivided), 305(1), (2), 3001(2), 3004(1), 3006(1)(b) and 3009(1)(b)
Subject:
Satisfaction of education requirements for certification in the classroom teaching service through individual evaluation.
Purpose:
To discontinue the individual evaluation pathway for certain certificate titles and continue the individual evaluation pathway for all other certificate titles.
Text of proposed rule:
1. Subparagraph (iii) of paragraph (3) of subdivision (a) of section 80-3.3 of the Regulations of the Commissioner of Education is amended, effective May 14, 2014, 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 [and who upon application qualify for such certificate].
2. Section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective May 14, 2014, to read as follows:
Section 80-3.7 Satisfaction of education requirements for certification in the classroom teaching service through individual evaluation.
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 in the classroom teaching service [on or before April 30, 2014] may continue to meet the education requirements for classroom teaching certificates through individual evaluation [and who upon application candidates qualify for such certificate]. 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.
(a) . . .
(b) . . .
(c) . . .
Text of proposed rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: [email protected]
Data, views or arguments may be submitted to:
Peg Rivers, State Education Department, Office of Higher Education, Room 979 EBA, 89 Washington Ave., Albany, NY 12234, (518) 486-3633, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 210 of the Education Law authorizes the Department to fix the value of degrees, diplomas and certificates issued by institutions of other states or countries as presented for entrance to schools, colleges and the professions of the state.
Subdivision (1) of section 305 of the Education Law empowers the Commissioner of Education to be the chief executive officer of the state system of education and of the Board of Regents and authorizes the Commissioner to enforce laws relating to the educational system and to execute educational policies determined by the Regents.
Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools subject to the Education Law.
Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the public schools of New York State.
Subdivision (1) of section 3004 of the Education Law authorizes the Commissioner of Education to prescribe, subject to the approval of the Regents, regulations governing the examination and certification of teachers employed in all public schools in the State.
Paragraph (b) of subdivision (1) of section 3006 of the Education Law provides that the Commissioner of Education may issue such teacher certificates as the Regents Rules prescribe.
Paragraph (b) of Subdivision (1) of the Education Law provides that no part of school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment will carry out the objectives of the above referenced statutes by eliminating the individual evaluation pathway for certain certificate titles where supply data reveals that there is an over-supply of teachers and maintaining this pathway for all other certificate titles.
3. NEEDS AND BENEFITS:
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 registered teacher education programs. Under the individual evaluation pathway, candidates are required to submit evidence of coursework and field experience to the State Education Department for evaluation and issuance of the certificate. This pathway was originally established as a means to address teacher shortage areas, recognizing that there are individuals who have acquired the necessary content knowledge and skills needed to become a teacher in New York State.
The provision regarding individual evaluation 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.
In 2008, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2009 to February 1, 2012. The individual evaluation pathway for childhood education certification was discontinued at that time because there was no shortage of childhood education teachers. The purpose in establishing these sunset dates was to allow the Department time to assess the continued need for the individual evaluation pathway, based on how many candidates use this pathway to become certified, particularly in subject areas where there are teacher shortages.
In June 2011, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2012 to September 1, 2013. The purpose in establishing the extension to September 2013 was to coincide with the implementation of the new certification exams.
In January 2012, the Regents extended the implementation date of the new teacher certification examinations to May 1, 2014.
Thereafter, in January 2013, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from September 1, 2013 to May 1, 2014 to align with the new implementation date for the certification examinations.
Proposed Amendments
A review of the data we have regarding individual evaluation indicates that there is no longer evidence demonstrating a persistent teacher shortage in early childhood, generalist in middle childhood education, English Language Arts or Literacy. However, candidates continue to apply for these certificates through the individual evaluation pathway.
Based on available data from September 2010 through January 2014, below is a list of the percentages of initial certificates that were issued through individual evaluation in these certificate areas:
6% Early Childhood
7% Generalist in Middle Childhood Education
7% English Language Arts
.2% Literacy
Based on available certification supply and demand data, the Department recommends ending the individual evaluation pathway for the above certificate titles. However, the Department recommends continuing the individual evaluation pathway for all other certificate titles. This individual evaluation pathway is essential for those seeking to obtain a CTE certificate. For the period September 2010 through January 2014, the Department conducted an individual evaluation for 680, or 80% of the CTE applications. In fact, this is the major pathway upon which new CTE teachers become certified.
4. COSTS:
(a) Cost to State government. The amendment will not impose any additional cost on State government, including the State Education Department.
(b) Cost to local government. The amendment does not impose additional costs upon local governments, including schools districts and BOCES.
(c) Cost to private regulated parties. The amendment will not impose additional costs on private regulated parties.
(d) Costs to the regulatory agency. As stated above in Costs to State Government, the amendment will not impose any additional costs on the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any mandatory program, service, duty, or responsibility upon local government, including school districts or BOCES.
6. PAPERWORK:
The proposed amendment will not increase reporting or recordkeeping requirements beyond existing requirements.
7. DUPLICATION:
The amendment does not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
The State Education Department does not believe that making this change for candidates who live or work in rural areas is warranted because the certification requirements for teachers and teaching assistants should be consistent across the State.
9. FEDERAL STANDARDS:
There are no Federal standards that deal with the subject matter of this amendment.
10. COMPLIANCE SCHEDULE:
Regulated parties must comply with the proposed amendment on its effective date. Because of the nature of the proposed amendment, no additional period of time is necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The purpose of the proposed amendment is to end the individual evaluation pathway for candidates seeking a teaching certificate in the following certificate titles where available certification supply and demand data shows an over- supply of teachers (early childhood, English language arts, generalist in middle childhood education and literacy). However, the proposed amendment continues the individual evaluation pathway for all other certificate titles. The proposed rule does not impose any reporting, 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 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 and local governments is not required and one has not been prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment will affect certified teachers that apply for a teaching certificate through the individual evaluation pathway in all parts of the 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:
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 registered teacher education programs. Under the individual evaluation pathway, candidates are required to submit evidence of coursework and field experience to the State Education Department for evaluation and issuance of the certificate. This pathway was originally established as a means to address teacher shortage areas, recognizing that there are individuals who have acquired the necessary content knowledge and skills needed to become a teacher in New York State.
The provision regarding individual evaluation 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.
In 2008, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2009 to February 1, 2012. The individual evaluation pathway for childhood education certification was discontinued at that time because there was no shortage of childhood education teachers. The purpose in establishing these sunset dates was to allow the Department time to assess the continued need for the individual evaluation pathway, based on how many candidates use this pathway to become certified, particularly in subject areas where there are teacher shortages.
In June 2011, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2012 to September 1, 2013. The purpose in establishing the extension to September 2013 was to coincide with the implementation of the new certification exams.
In January 2012, the Regents extended the implementation date of the new teacher certification examinations to May 1, 2014.
Thereafter, in January 2013, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from September 1, 2013 to May 1, 2014 to align with the new implementation date for the certification examinations.
Proposed Amendments
A review of the data we have regarding individual evaluation indicates that there is no longer evidence demonstrating a persistent teacher shortage in early childhood, generalist in middle childhood education, English Language Arts or Literacy. However, candidates continue to apply for these certificates through the individual evaluation pathway.
Based on available data from September 2010 through January 2014, below is a list of the percentages of initial certificates that were issued through individual evaluation in these certificate areas:
6% Early Childhood
7% Generalist in Middle Childhood Education
7% English Language Arts
.2% Literacy
Based on available certification supply and demand data, the Department recommends ending the individual evaluation pathway for the above certificate titles. However, the Department recommends continuing the individual evaluation pathway for all other certificate titles. This individual evaluation pathway is essential for those seeking to obtain a CTE certificate. For the period September 2010 through January 2014, the Department conducted an individual evaluation for 680, or 80% of the CTE applications. In fact, this is the major pathway upon which new CTE teachers become certified.
3. COSTS:
There are no additional costs imposed by the proposed amendment.
4. MINIMIZING ADVERSE IMPACT:
The State Education Department does not believe that making this change for candidates who live or work in rural areas is warranted because the certification requirements for teachers and teaching assistants should be consistent across the State.
5. RURAL AREA PARTICIPATION:
The State Education Department has sent the proposed amendment to the Rural Advisory Committee, which has members who live or work in rural areas across the State.
Job Impact Statement
The purpose of the proposed amendment is to end the individual evaluation pathway for certain certificate titles where available certification supply and demand data shows an over- supply of teachers in these certification titles (early childhood, English language arts, generalist in middle childhood education and literacy). However, the proposed amendment continues the individual evaluation pathway for all other certificate titles. Because it is evident from the nature of the proposed rule 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. Accordingly, a job impact statement is not required and one has not been prepared.
End of Document