Sec. 80-5.12. Experiment in organizational change

For applications for the approval or for the renewal of approval of teaching assignments in connection with an experiment in organizational change, the requirements of subdivisions (a), (b) and (c) of this section shall apply.

(a) Any school district which proposes an experiment concerned with organizational changes that alters the definition of the elementary, junior or senior high school may be granted approval of a five-year period to employ a certified teacher (or appropriately licensed teacher in the cities of New York and Buffalo) for any teaching assignment, within the scope of the experiment, for which the teacher is deemed, by the superintendent, or other legally authorized body, qualified by education and experience provided:

(1) the proposed experiment is approved by the Board of Education upon the recommendation of the professional staff of the school district;

(2) the proposed experiment is approved by the Commissioner of Education;

(3) the proposed experiment includes appropriate procedures for evaluation; and

(4) the teacher meets the qualification requirements of section 120.6 of this Title, relating to the No Child Left Behind Act of 2001; and

(5) a school district may not continue the assignment of a teacher in any teaching assignment covered by an experiment in organizational change for more than five school years unless the teacher has obtained the teaching certificate or certificate extension appropriate to such assignment or the teacher meets the requirements of subdivision (c) of this section.

(b) Permission to assign teachers in accordance with the terms of the experiment may be renewed for a five-year period on evidence, satisfactory to the commissioner, of instructional benefit to the students.

(c) A person who holds a permanent or professional certificate in English language arts (7-12), world 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) and whose teaching assignment covered by an experiment in organizational change during three of the five years of an experiment approved by the commissioner on or before February 1, 2004 is in the subject of the certificate held but is in grades 5-6, may be issued a statement of continued eligibility pursuant to which such person may continue to teach in such assignment without the extension prescribed in section 80-4.3(b) of this Part to teach the subject in grades 5-6. In order for such person to be eligible for the statement of continuing eligibility, his or her experience in teaching the subject in grades 5-6 must have occurred on or after July 1, 1993. A statement of continued eligibility shall be limited to the specific permanent or professional certificate that was extended to authorize such service but shall be valid for service in any school district. Applications for the statement of continued eligibility must be filed with the department.