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Proposed Amendment to the Regulations of the Commissioner
of Education Part-80 - Teacher Certification
These are proposed regulations that will be published in the New York State
Register on June 27, 2007 relating the requirements for teacher certification
and teaching practice. Pursuant to the State Administrative Procedure Act,
these regulations are required to be published on our web-site for a 45-day
comment period. Comments should be submitted to Johanna Duncan Poitier, Senior
Deputy Commissioner of Education-P16 and must be received by the Department
within 45 days of the date of publication in the State Register.
AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 207,
208, 305, 308, 3001, 3004, 3006, 3007 and 3009 of the Education Law.
1. Section 80-1.6
of the Regulations of the Commissioner of Education is amended, effective October
4, 2007, as follows:
80-1.6 Extensions of time
validity of certificates.
(a) The time validity
of an expired provisional, initial or transitional certificate may be extended
for a period not to exceed two years from the expiration date of such certificate,
except as provided in [subdivision] subdivisions (b) and (c) of this section,
upon application by the holder of a teaching certificate:
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(b) . . .
(c) The commissioner may
extend the time validity of an expired provisional, initial or transitional certificate
beyond the two-year extension provided for in subdivision (a) of this section,
for a period not to exceed one additional year, if in the six-months preceding
the end of the two-year extension, the candidate is faced with extreme hardship
or other circumstances beyond the control of the individual and is unable to
complete the requirements for the permanent or professional certificate in a
timely manner.
2. The title of
Subpart 80-3 of the Regulations of the Commissioner of Education is amended,
effective October 4, 2007, as follows:
SUBPART 80-3
REQUIREMENTS FOR CERTIFICATES IN THE CLASSROOM TEACHING SERVICE APPLIED FOR
ON OR AFTER FEBRUARY 2, 2004 AND IN THE EDUCATIONAL LEADERSHIP SERVICE APPLIED
FOR ON OR AFTER SEPTEMBER 2, [2006] 2007
3. Subdivision (a)
of Section 80-3.1 of the Regulations of the Commissioner of Education is amended,
effective October 4, 2007, as follows:
(a) Application
of this Subpart. (1) Candidates who apply on or after February 2,
2004 for certificates valid for classroom teaching service, and on or after September
2, [2006] 2007 for certificates valid for the educational leadership service,
shall be subject to the requirements of this Subpart, unless otherwise specifically
prescribed in this Part, and except as prescribed in paragraph (2) of this subdivision.
(2) . . .
(3) . . .
4. Subparagraph
(iii) of paragraph (3) of subdivision (a) of Section 80-3.3 of the Regulations
of the Commissioner of Education is amended, effective October 4, 2007, 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[,
shall only be available for] 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 [and for candidates who apply] or for any other
certificate in the classroom teaching service by February 1, 2009, and who upon
application qualify for such certificate.
5. Subparagraph
(i) of paragraph (1) of subdivision (b) of Section 80-3.3 of the Regulations
of the Commissioner of Education is amended, effective October 4, 2007, as follows:
(i) The candidate
shall hold a baccalaureate degree from a regionally accredited institution of
higher education or a higher education institution that the commissioner deems
substantially equivalent or from an institution authorized by the Regents to
confer degrees and whose programs are registered by the department, and shall
satisfactorily complete a program registered pursuant to section 52.21 of this
Title, which leads to the certificate sought, or its equivalent.
6. Section 80-3.7
of the Regulations of the Commissioner of Education is amended, effective October
4, 2007, as follows:
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. This option for meeting education requirements
[shall only] continues to be available for candidates 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 and for candidates who apply for any other certificate in
the classroom teaching service by February 1, 2009, and who upon application
qualify for such certificate. 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) . . .
(1) . . .
(2) General requirements. All
candidates seeking to fulfill the education requirement for the initial certificate
through individual evaluation of education requirements shall meet the general
requirements prescribed in this paragraph, or their substantial equivalent as
determined by the commissioner, unless the additional requirements for the certificate
title sought in paragraph (3) of this subdivision explicitly substitute a different
requirement.
(i) Degree completion. The
candidate shall possess a baccalaureate 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 Regents
to confer degrees and whose programs are registered by the department.
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(a) . . .
(b) . . .
(3) Additional requirements. A
candidate seeking to fulfill the educational requirement for the initial certificate
through individual evaluation of education requirements shall meet the additional
requirements in this paragraph or their substantial equivalent as determined
by the commissioner, if so prescribed for that certificate title, in addition
to the general requirements prescribed in paragraph (2) of this subdivision.
(i) . . .
(ii) . . .
(iii) . . .
(iv) Literacy (birth-grade
6) and literacy (grades 5-12).
(a) . . .
(b) . . .
(1) . . .
(2) Teaching experience. The
candidate shall satisfactorily complete 40 school days in a college-supervised
student teaching experience or as an employed teacher. In addition, the
candidate shall satisfactorily complete a college-supervised practicum, as defined
in section 52.21(b)(2) of this Title, of 50 clock hours in teaching literacy
to students, at developmental levels appropriate to the certificate sought. For
candidates who apply for both certificate titles, literacy (birth-grade 6) and
literacy (grades 5-12), the 50-clock hour practicum shall include 25 hours of
teaching students (birth-grade 6) and 25 clock hours of teaching students (grades
5-12). One year of paid, satisfactory, full-time experience as a literacy
teacher on the elementary and/or secondary level may be accepted in lieu of the
college-supervised practicum in literacy when such experience is verified by
the employing school district administrator. To satisfy this requirement,
any experience as a literary teacher in a New York State public school must be
in accordance with the Commissioner’s regulations.
(v) . . .
(vi) . . .
(vii) . . .
(viii) . . .
(ix) . . .
(x) . . .
(xi) Speech and language
disabilities (all grades).
- . . .
- . . .
- . . .
(2) Practicum. In lieu of the pedagogical core teaching experience
prescribed in clause (2)(v)(b) of this subdivision, the candidate shall satisfactorily
complete a college-supervised practicum, as defined in section 52.21(b)(1)
of this Title, of 150 clock hours that includes experiences with students
with speech and language disabilities in early childhood (birth-grade 2),
childhood (grades 1-6), middle childhood (grades 5-9), and adolescence (grades
7-12). The practicum shall include experiences in elementary and/or
secondary schools. One year of paid, satisfactory, full-time experience
as a teacher of speech and language disabilities on the elementary and/or
secondary level may be accepted in lieu of the college-supervised practicum
in speech and language disabilities when such experience is verified by the
employing school district administrator. To satisfy this requirement,
any experience as a teacher of speech and language disabilities in a New
York State public school must be in accordance with the Commissioner’s
regulations.
(xii) Library media
specialist (all grades).
(a) . . .
(b) . . .
(1) . . .
(2) Practicum. The candidate shall satisfactorily complete a
college-supervised practicum, as defined in section 52.21(b)(1) of this Title,
providing library services, of 20 school days in an elementary school and
20 school days in a secondary school. One year of paid, satisfactory,
full-time experience as a library media specialist on the elementary and/or
secondary level may be accepted in lieu of the college-supervised practicum
in library media when such experience is verified by the employing school
district administrator. To satisfy this requirement, any experience
as a library media specialist in a New York State public school must be in
accordance with the Commissioner’s regulations.
(b) . . .
(c) . . .
7. Section 80-3.8 of the Regulations of the Commissioner of Education
is amended, effective October 4, 2007, as follows:
80-3.8 Statement of continued eligibility for teachers of theater.
(i) Upon application, a person employed in New York State in a public
school or other school for which teacher certification is required, as a
teacher of theater for three of the five years immediately preceding February
2, 2004, may be issued by the department a statement of continued eligibility
pursuant to which such person may continue to teach theater in the classroom
teaching service without the certificate prescribed in this Subpart, provided
that such person holds a permanent or professional certificate in the classroom
teaching service. The statement of continued eligibility shall be
valid for service in any school district.
(ii) A statement of continued eligibility shall be limited to the specific
permanent or professional certificate held authorizing classroom teaching
service, as prescribed in subparagraph (i) of this paragraph, but shall be
valid for service in any school district.
(iii) Applications for the statement of continued eligibility must
be filed with the Department on or before September 1, 2008.
8. Subclause (1) of clause (a) of subparagraph (ii) of paragraph (1)
of subdivision (a) of Section 80-3.10 of the Regulations of the Commissioner
of Education is amended, effective October 4, 2007, as follows:
(1) The candidate shall hold a master’s or higher degree from
a regionally accredited higher education institution or an equivalently approved
higher education institution as determined by the department and have successfully
completed a program leading to the initial certificate as a school building
leader in the educational leadership service registered pursuant to section
52.21(c) of this Title, or its equivalent as determined by the department,
or an educational leadership program leading to a regular certificate in
an equivalent title to a school building leader, accredited by an accrediting
body recognized by the United States Department of Education at a regionally
accredited institution outside of New York State.
9. Item (ii) of subclause (2) of clause (a) of subparagraph (i) of
paragraph (3) of subdivision (b) of Section 80-3.10 of the Regulations of
the Commissioner of Education is amended, effective October 4, 2007, as follows:
(ii) have successfully
completed an educational leadership program outside of New York State that
is equivalent to a program leading to a professional certificate as a school
district leader in the educational leadership service registered pursuant to
section 52.21(c)(3) of this Title or an educational leadership program leading
to a regular certificate in an equivalent title to school district leader,
accredited by an accrediting body recognized by the United States Department
of Education at a regionally accredited institution outside of New York State,
including a requirement to pass an assessment equivalent to the New York State
assessment for school district leadership, or alternatively the candidate shall
satisfy this component of the educational leadership program by passing the
New York State assessment for school district leadership. The requirement
of achieving a satisfactory level of performance on an assessment equivalent
to the New York State assessment for school district leadership or alternatively
passing such New York State assessment shall be waived if the candidate completes
the program prior to the availability of such New York State assessment. The
department shall determine the date on which such assessment is available. The
candidate shall have successfully completed at least 60 semester hours of graduate
study, which may include graduate study completed outside of the educational
leadership program.
10. Clause (b)
of subparagraph (ii) of paragraph (3) of subdivision (c) of Section 80-3.10
of the Regulations of the Commissioner of Education is amended, effective October
4, 2007, as follows:
(b) have successfully
completed an educational leadership program outside of New York State that
is equivalent with a program leading to a professional certificate as a school
district business leader in the educational leadership service registered pursuant
to section 52.21(c)(5) of this Title or an educational leadership program leading
to a regular certificate in an equivalent title to school district business
leader, accredited by an accrediting body recognized by the United States Department
of Education at a regionally accredited institution outside of New York State,
including a requirement to pass an assessment equivalent to the New York State
assessment for school district business leadership, or alternatively the candidate
shall satisfy this component of the educational leadership program by passing
the New York State assessment for school district business leadership. The
requirement of achieving a satisfactory level of performance on an assessment
equivalent to the New York State assessment for school district business leadership
or alternatively passing such New York State assessment shall be waived if
the candidate completes the program prior to the availability of such New York
State assessment. The department shall determine the date on which such
assessment is available. The candidate shall have successfully completed
at least 60 semester hours of graduate study, which may include graduate study
completed outside of the educational leadership program.
11. Subparagraph
(iii) of paragraph (3) of subdivision (d) of Section 80-4.3 of the Regulations
of the Commissioner of Education is amended, effective October 4, 2007, as
follows:
(iii) Applications
for the statement of continued eligibility must be filed with the department
on or before September 1, 2008.
12. Paragraph
(2) of subdivision (e) of Section 80-4.3 of the Regulations of the Commissioner
of Education is amended, effective October 4, 2007, as follows:
(2) The candidate
shall meet the requirements in each of the following subparagraphs:
(i) The candidate
shall hold a valid provisional, permanent, initial or professional certificate
for classroom teaching service in any title in middle childhood education including
students with disabilities (5-9), any title in adolescence education including
students with disabilities (7-12), or any title in (K-12); or a valid provisional
or permanent certificate in the title school counselor (Pre-K-12).
[(i)] (ii) . .
.
[(ii)] (iii) . . .
13. Subdivision
(f) of Section 80-4.3 of the Regulations of the Commissioner of Education is
amended, effective October 4, 2007, as follows:
(f) Requirements
for the extension in coordinator of work-based learning programs for career
development. (1) The extension shall authorize the candidate to
coordinate work-based learning programs for career development, such as the
Cooperative Occupation Education Work Experience Program (COOP), the Career
Exploration Internship Program (CEIP), [programs of youth-run enterprises,]
and internship and youth apprenticeship/pre-apprenticeship programs.
(2) The candidate
shall meet the requirements in each of the following subparagraphs:
(i) The candidate
shall hold a valid provisional, permanent, initial or professional certificate
for classroom teaching service authorizing instruction in any specific career
and technical education title, or in agriculture (all grades), family and consumer
sciences (all grades), business and marketing (all grades), or technology education
(all grades).
(ii) . . .
(iii) The extension authorizes the holder to coordinate work-based
learning programs for career awareness.
[(iii)] (iv) . . .
14. Paragraph (2) of subdivision (h) of Section 80-4.3 is amended,
effective October 4, 2007, as follows:
(2) Statement of continued eligibility.
(i) A person
employed in a position in New York State as a teacher in a position which requires
the use of American sign language, for three of the five years immediately
preceding February 2, 2004, may be issued a statement of continued eligibility
pursuant to which such person may continue to use American sign language in
the classroom teaching service without the extension prescribed in this subdivision,
provided such person holds a permanent or professional certificate in the classroom
teaching service.
(ii) A statement of continued eligibility shall be limited to the specific
permanent or professional certificate held authorizing classroom teaching
service, as prescribed in subparagraph (i) of this paragraph, but shall be
valid for service in any school district.
(iii) Applications
for the statement of continued eligibility must be filed with the department
on or before September 1, 2008.
15. Section 80-5.17 of the Regulations of the Commissioner of Education
is amended, effective October 4, 2007, as follows;
80-5.17 Conditional initial certificate.
(a) Conditional initial certificate in the classroom teaching service. For
initial certification in a certificate title in the classroom teaching service
for which this Part requires completion of an examination requirement, the
commissioner may issue to a candidate who has not met such examination requirement
a two-year nonrenewable conditional initial certificate, notwithstanding
that the examination requirement has not been met, and deem that all other
requirements for the initial teacher’s certificate in the certificate
title in the classroom teaching service have been met, provided that the
candidate holds a valid regular teacher’s certificate or an authorization
to practice that the commissioner deems equivalent in the same or an equivalent
title by a state which has contracted with the State of New York pursuant
to section 3030 of the Education Law, the interstate agreement on the qualifications
of educational personnel, or another state or country [and] provided [further]
that [such regular] the commissioner determines that the teacher’s
certificate issued by the other state or country evidences knowledge, skills
and abilities comparable to those required for certification in New York
State.
(b) Conditional initial certificate in the title school building leader. The
commissioner may issue a two-year nonrenewable conditional initial certificate
in the title school building leader to a candidate who applies for the certificate
after September 1, 2006 and meets the following requirements:
(1) . . .
(2) the candidate holds a valid regular certificate or an authorization
to practice that the commissioner deems equivalent in an equivalent title
to the title school building leader issued by a state which has contracted
with the State of New York pursuant to section 3030 of the Education Law,
the interstate agreement on qualifications of educational personnel, or another
state or country provided [further] that the commissioner determines that
[such] the certificate issued by the other state or country [evidence] evidences
knowledge, skills and abilities comparable to those required for certification
in New York State.
(c) . . . |