Certificate Progression Pathway

NY-ADR

10/3/18 N.Y. St. Reg. EDU-40-18-00007-P
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 40
October 03, 2018
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-40-18-00007-P
Certificate Progression Pathway
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 80-3.7 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101, 207(not subdivided), 305, 3001, 3004 and 3006
Subject:
Certificate progression pathway.
Purpose:
Initial Certificate Requirements for Individuals Who Have a Graduate Degree and Two Years of Postsecondary Teaching Experience.
Text of proposed rule:
1. Clause (c) of subparagraph (ii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be amended to read as follows:
(c) For candidates with a graduate degree in science, technology, engineering or mathematics and two years of post-secondary teaching experience in the certificate area to be taught or in a closely related subject area acceptable to the department, who apply for a certificate or license in (grades 7-12) on or after February 2, 2011 and prior to February 2, 2019 in earth science, biology, chemistry, physics, mathematics or a closely related field, the candidate shall not be required to meet the general requirements in subparagraph (2)(iii), (iv) or (v) of this subdivision. However, the candidate shall meet the following requirements:
(1) Degree completion. The candidate shall possess a graduate degree in science, technology, engineering or mathematics from a regionally or nationally accredited institution of higher education, a higher education institution that the commissioner deems substantially equivalent, or from an institution authorized by the Board of Regents to confer degrees and whose programs are registered by the department. The candidate shall have completed a graduate major in the subject of the certificate sought, or in a related field approved by the department for this purpose.
(2) Post-secondary teaching experience. The candidate must show evidence of at least two years of satisfactory teaching experience at the post-secondary level in the certificate area to be taught or in a closely related subject area acceptable to the department.
(3) Pedagogical study or two years of satisfactory teaching experience in a school district under a transitional G certificate. The candidate shall complete one of the following:
(i) at least six credits of undergraduate pedagogical core study or four credits of graduate pedagogical study for the initial certificate in the area of the candidate's certificate, as prescribed for the certificate title in this paragraph, which shall include study in the methods of teaching in the certificate area, teaching students with disabilities; curriculum and lesson planning aligned with the New York State learning standards; and classroom management and teaching at the developmental level of students to be taught; or
(ii) at least two years of satisfactory teaching experience in a school district while the candidate holds a transitional G certificate under this Part.
2. A new subparagraph (xiii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education shall be added to read as follows:
(xiii) For candidates with a graduate degree and two years of post-secondary teaching experience in the certificate area to be taught or in a closely related subject area acceptable to the department, who apply for a certificate on or after February 2, 2019, the candidate shall not be required to meet the general requirements in subparagraph (2)(iii), (iv) or (v) of this subdivision. However, the candidate shall meet the following requirements:
(1) Degree completion. The candidate shall possess a graduate degree in the area of a certificate title sought or in a closely related subject area acceptable to the department from a regionally or nationally accredited institution of higher education, a higher education institution that the commissioner deems substantially equivalent, or from an institution authorized by the Board of Regents to confer degrees and whose programs are registered by the department. The candidate shall have completed a graduate major in the subject of the certificate sought, or in a related field approved by the department for this purpose.
(2) Post-secondary teaching experience. The candidate must show evidence of at least two years of satisfactory teaching experience at the post-secondary level in the certificate area to be taught or in a closely related subject area acceptable to the department; provided, however, that such experience must have been completed within 10 years immediately preceding the application for an Initial certificate unless the candidate holds/held a Transitional G certificate.
(3) Pedagogical study or two years of satisfactory teaching experience in a school district under a transitional G certificate. The candidate shall complete one of the following:
(i) at least six credits of undergraduate pedagogical core study or four credits of graduate pedagogical study for the initial certificate in the area of the candidate's certificate, as prescribed for the certificate title in this paragraph, which shall include study in the methods of teaching in the certificate area, teaching students with disabilities, curriculum and lesson planning aligned with the New York State learning standards, and classroom management and teaching at the developmental level of students to be taught; or
(ii) at least two years of satisfactory teaching experience in a school district while the candidate holds a transitional G certificate under this Part.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, NYS Education Department, 89 Washington Avenue, Office of Higher Education, Albany, NY 12234, (518) 486-3633, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Leslie Templeman, NYS Education Department, 89 Washington Avenue, Office of Higher Education, Albany, NY 12234, (518) 486-3633, email: regcomments@nysed.gov
Public comment will be received until:
60 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:
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 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 3006 authorizes the Commissioner to issue New York State certificates to teachers and supervisory and administrative staff.
2. LEGISLATIVE OBJECTIVES:
The purpose of the proposed amendment to § 80-3.7 of the Regulations of the Commissioner of Education is to create Initial certificate requirements for individuals who have a graduate degree and two years of postsecondary teaching experience in the area of the certificate sought or a closely related area.
3. NEEDS AND BENEFITS:
The proposed amendment aligns the individual evaluation requirements for an Initial certificate with the Transitional G certificate eligibility requirements to enable those who hold or held a Transitional G certificate to progress from the Transitional G certificate to the Initial certificate by completing at least two years of satisfactory teaching experience in a school district while the candidate holds a Transitional G certificate. The proposed amendment also creates a pathway that allows candidates who have a graduate degree and at least two years of satisfactory postsecondary teaching experience in the area of the certificate sought or a closely related subject area to earn the Initial certificate through individual evaluation, provided that such experience must have been completed within 10 years immediately preceding the application for an Initial certificate.
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 January 2019 meeting. If adopted at the January 2019 meeting, the proposed amendment will become effective on January 30, 2019.
Regulatory Flexibility Analysis
The purpose of the proposed amendment to § 80-3.7 of the Regulations of the Commissioner of Education is to create Initial certificate requirements for individuals who have a graduate degree and two years of postsecondary teaching experience in the area of the certificate sought or a closely related area.
The proposed amendment aligns the individual evaluation requirements for an Initial certificate with the Transitional G certificate eligibility requirements to enable those who hold or held a Transitional G certificate to progress from the Transitional G certificate to the Initial certificate by completing at least two years of satisfactory teaching experience in a school district while the candidate holds a Transitional G certificate. The proposed amendment also creates a pathway that allows candidates who have a graduate degree and at least two years of satisfactory postsecondary teaching experience in the area of the certificate sought or a closely related subject area to earn the Initial certificate through individual evaluation, provided that such experience must have been completed within 10 years immediately preceding the application for an Initial certificate.
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.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
This proposed amendment applies to all individuals in New York State who have a graduate degree and two years of postsecondary teaching experience in the area of the certificate sought and pursue an Initial certificate 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 amendment to § 80-3.7 of the Regulations of the Commissioner of Education is to create Initial certificate requirements for individuals who have a graduate degree and two years of postsecondary teaching experience in the area of the certificate sought or a closely related area.
The proposed amendment aligns the individual evaluation requirements for an Initial certificate with the Transitional G certificate eligibility requirements to enable those who hold or held a Transitional G certificate to progress from the Transitional G certificate to the Initial certificate by completing at least two years of satisfactory teaching experience in a school district while the candidate holds a Transitional G certificate. The proposed amendment also creates a pathway that allows candidates who have a graduate degree and at least two years of satisfactory postsecondary teaching experience in the area of the certificate sought or a closely related subject area to earn the Initial certificate through individual evaluation, provided that such experience must have been completed within 10 years immediately preceding the application for an Initial certificate.
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.
Job Impact Statement
The purpose of the proposed amendment to § 80-3.7 of the Regulations of the Commissioner of Education is to establish Initial certificate requirements for individuals who have a graduate degree and two years of postsecondary teaching experience in the area of the certificate sought or a closely related area.
The proposed amendment aligns the individual evaluation requirements for an Initial certificate with the Transitional G certificate eligibility requirements to enable those who hold or held a Transitional G certificate to progress from the Transitional G certificate to the Initial certificate by completing at least two years of satisfactory teaching experience in a school district while the candidate holds a Transitional G certificate. The proposed amendment also creates a pathway that allows candidates who have a graduate degree and at least two years of satisfactory postsecondary teaching experience in the area of the certificate sought or a closely related subject area to earn the Initial certificate through individual evaluation, provided that such experience must have been completed within 10 years immediately preceding the application for an Initial certificate.
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.
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