EDU-43-10-00011-RP Amend Teacher Education Program Registration Requirements for Special Education and Special Education Certification Requirements

1/5/11 N.Y. St. Reg. EDU-43-10-00011-RP

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 1

January 05, 2011

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

REVISED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-43-10-00011-RP

Amend Teacher Education Program Registration Requirements for Special Education and Special Education Certification Requirements

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:

Proposed Action:

Amendment of sections 52.21, 80-3.7, 80-4.2 and 80-4.3 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207, 305(1) and (2) and 3004(1)

Subject:

Amend teacher education program registration requirements for special education and special education certification requirements.

Purpose:

Restructure the adolescence level special education certificate structure to fill the need for special education teachers.

Substance of revised rule:

The Board of Regents proposes to amend Sections 52.2. 80-4.2 and 80-4.3 of the Regulations of the Commissioner of Education, effective October 17, 2010, relating to teacher education program registration requirements, the structure of adolescence level students with disabilities certificates and individual evaluation requirements and timelines for such titles. The following is a summary of the substance of the proposed amendments.

Item (iii) of subclause (1) of clause (c) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 52.21 is amended to put in place requirements to better prepare all teachers in developing the skills necessary to provide instruction that will promote the participation and progress of students with disabilities in the general education curriculum by requiring all registered teacher education programs to include a minimum of three semester hours in understanding the needs of students with disabilities. The item identifies the areas of study that must be included in the three semester hour requirement and prescribes a process for a waiver from the requirement.

Subitems (A) and (B) are added to item (i) of subclause (2) of clause (c) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 52.21 to require that at least 15 of the 100 clock hours of field experience in all teacher preparation programs include a focus on understanding the needs of students with disabilities.

Subclauses (3) and (4) of clause (a) of subparagraph (iii) of paragraph (2) of subdivision (b) of section 52.21 are amended to establish a start date of September 2, 2011 for requirements for new special education adolescence level-generalist teacher preparation programs.

Subparagraph (vi) of paragraph (3) of subdivision (b) of section 52.21 is amended to establish the program registration requirements for programs registered on or after September 2, 2011 for the new students with disabilities grades 7-12 generalist certificate title to include, within the content core, six semester hours in mathematics, science, English language arts and social studies and sufficient pedagogy to teach these subjects.

Items (iii) and (iv) of subclause (1) of clause (b) of subparagraph (xvii) of paragraph (3) of subdivision (b) of section 52.21 establishes a start date of September 2, 2011 for new special education adolescence level teacher preparation programs preparing special educators for Transitional B certificates.

Item (v) is added to subclause (1) of clause (b) of subparagraph (xvii) of paragraph (3) of subdivision (b) of section 52.21 to establish the program registration requirements for Transitional B certificate candidates for the new students with disabilities grades 7-12 generalist to include, six semester hours in mathematics, science, English language arts and social studies and sufficient pedagogy to teach those subjects prior to program completion.

Items (ii) and (iii) of subclauses (2) of clause (b) of subparagraph (xvii) of paragraph (3) of section 52.21 requires that at least 6 of the 40 clock hours of field experience for Transitional B programs focus on meeting the needs of students with disabilities.

Subparagraph (i) of paragraph (4) of subdivision (b) of section 52.21 is amended to clarify that program registration requirements for programs leading to an extension for students with disabilities middle childhood titles are in effect for programs registered prior to September 2, 2011, since the students with disabilities middle childhood title will be eliminated.

Subparagraph (viii) is added to paragraph (4) of subdivision (b) of section 52.21 to establish extensions to authorize the teaching of certain subjects in grades 7 through 12 to students with disabilities for a certificate in students with disabilities adolescence (generalist) and to require study of at least 18 semester hours in the subject to be taught.

Subparagraph (v) of paragraph (2) of subdivision (a) of section 80-3.7 is amended to require that, under individual evaluation, the pedagogical core include three semester hours of study to develop the skills necessary to provide specifically designed instruction to students with disabilities to participate and progress in the general education curriculum.

Subparagraphs (vii) and (viii) of paragraph (3) of subdivision (a) of section 80-3.7 are amended to phase out individual evaluation for candidates seeking students with disabilities in middle childhood titles or students with disabilities in specialist (grades 7-12) certificate. Candidates must apply for their certificate prior to September 1, 2011 and complete all requirements before September 1, 2014 to be eligible for these certificates under individual evaluation. These subparagraphs also establish requirements for individual evaluation for the new students with disabilities grades 7-12 generalist certificate title, requiring within the content core, six semester hours in mathematics, science, English language arts and social studies and sufficient pedagogy to teach these subjects.

Paragraphs (9) and (10) are amended and new paragraphs (11) through (18) are added to subdivision (a) of section 80-4.2 to establish extensions in earth science, biology, chemistry, physics, mathematics, social studies, English language arts and languages other than English (specified) in grades 5-9 or 7-12.

Subdivision (c) is added to section 80-4.2 to provide a general requirement for all extensions which requires (candidates or applicants) to achieve at least a certain course level and course grade for the course to be credited toward the semester hour requirement for the extension sought.

Clauses (a) and (b) of subparagraph (i) of paragraph (2) of subdivision (a); clause (d) of subparagraph (ii) of paragraph (4) of subdivision (a); paragraph (2) of subdivision (b); paragraph (2) of subdivision (c); subparagraph (ii) of paragraph (2) of subdivision (d); subparagraph (ii) of paragraph (2) of subdivision (e); and subparagraph (ii) of paragraph (2) of subdivision (f) of section 80-4.3 are amended to delete duplicative language included in the proposed amendment to subdivision (c) of section 80-4.2.

A new subdivision (n) is added to section 80-4.3 establishing the requirements for subject area extensions to teach adolescence level students with disabilities including 18 semester hours or the equivalent in the subject are of the extension sought and the passage of the content specialty test in that area. For district and BOCES teachers with such an extension, weekly collaboration and monthly co-teaching with a certified general education content specialist in the subject are required to teach the subject to students with disabilities in a special class. There is an exception that allows certain schools identified in the regulation, that cannot meet the regulatory requirement for weekly collaboration and monthly co-teaching, to submit a plan acceptable to the Department with a description of the mentoring and collaboration the candidate will receive. Schools enumerated in article 81, 85, 87, 88 or 89 of the Education Law or a special act school district as defined in subdivision 8 of section 4001 of the Education Law that educates only students with disabilities are the schools identified in the regulation that may be eligible for a waiver under this subdivision.

Revised rule compared with proposed rule:

Substantial revisions were made in section 80-3.7(a)(3).

Text of revised proposed rule and any required statements and analyses may be obtained from

Christine Moore, New York State Education Department, 89 Washington Avenue, Albany, New York 12257, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Peg Rivers, New York State Education Department, 89 Washington Avenue, Albany, New York 12234, [phone], email: [e-mail]

Public comment will be received until:

30 days after publication of this notice.

Revised Regulatory Impact Statement

Since publication of a Notice of Proposed Rule Making in the State Register on October 27, 2010, the following substantial revisions were made to the proposed rule:

Subparagraph (vii) and (viii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education were amended to extend the time that teacher candidates

The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Impact Statement.

Revised Regulatory Flexibility Analysis

Since publication of a Notice of Proposed Rule Making in the State Register on October 27, 2010, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Flexibility Analysis.

Revised Rural Area Flexibility Analysis

Since publication of a Notice of Proposed Rule Making in the State Register on October 27, 2010, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement filed herewith.

The above revisions to the proposed rule require that the Reporting, Recordkeeping and Other Compliance Requirements; and Professional Services sections of the previously published Rural Area Flexibility Analysis be revised to read as follows:

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment requires all registered teacher education programs to include a minimum of three semester hours in educating students with disabilities to ensure that all teachers are better prepared to skillfully collaborate with other teachers and to teach students with disabilities and defines what the three semester hour requirement shall include. The proposed amendment also requires that 15 of the 100 clock hours of field experience required for teacher education programs focus on students with disabilities and that 6 of the 40 clock hours of field experience for Transitional B programs focus on students with disabilities.

The proposed amendment changes the current certification structure for students with disabilities certificates for grades 5 through 9 and 7 through 12 and the registration requirements for programs leading to certificates in these areas. Candidates will no longer be able to enroll in special education teacher preparation programs that lead to students with disabilities (grades 5-9 generalist) and students with disabilities (grades 5-9-specialist) and (grades 7-12-specialist) certificate titles after February 1, 2011. A certificate title in students with disabilities (grades 7-12- generalist will be created. For candidates seeking this certificate, the candidate will be required to complete six semester hours in mathematics, science, English language arts and social studies within their content core and have sufficient pedagogy to teach these subjects. Teachers holding this certificate will be eligible to be employed to teach in supportive roles such as consultant teachers, resource room service providers and integrated co-teachers.

Teachers holding the new students with disabilities (grades 7-12- generalist) will also have the option of obtaining an extension to this certificate, to authorize the teacher to be employed as the special class teacher of students with disabilities in a specific subject area, upon the completion of certain requirements. To obtain an extension in a specific subject, the teacher shall complete 18 semester hours of study or its equivalent in the subject area of the extension sought. For social studies, the candidate shall complete the 18 semester hours through a combination of study in United State history, world history and geography. This, coupled with passing the content specialty test in the specific subject area, will allow candidates to earn an extension to the base certificate to permit the teacher to be employed as the special class teacher of students with disabilities in that subject in the developmental level of their base certificate. Any district or BOCES that employs a candidate holding this extension must provide weekly collaboration between a certified general education content specialist in the subject area of the extension and the teacher holding the extension, with at least one period per month co-taught by both teachers. The length of the required weekly collaboration and co-taught lesson will be defined at the local level.

Schools enumerated in article 81, 85, 87, 88 or 89 of the Education Law or a special act school district that educates only students with disabilities and who cannot meet the regulatory requirement for collaboration and co-teaching for their employed special education teachers, must submit a plan acceptable to the Department with a description of the mentoring and collaboration the teacher will receive.

The proposed regulation also establishes requirements for individual evaluation for the new students with disabilities (grades 7-12- generalist) certificate by requiring candidates seeking a certificate in this area to complete, among other requirements, six semester hours in mathematics, science, social studies and English language arts and have sufficient pedagogical training to teach these subjects. The proposed amendment also phases out individual evaluation for the students with disabilities (grades 5-9-generalist) certificate and the students with disabilities (grades 5-9) and (grades 7-12) content specific certificates by requiring candidates to apply for these certificates prior to September 1, 2011 and to complete the requirements for such certificate before September 1, 2014 to obtain certification through individual evaluation in these titles.

The amendments do not impose any additional professional service requirements on rural areas, beyond those imposed by such federal statutes and regulations and State statutes.

Revised Job Impact Statement

Since publication of the Notice of Proposed Rule Making in the State Register on October 27, 2010, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement filed herewith.

The proposed rule, as so revised, relates to the registration of special education programs and the certification of special education teachers. The revised rule will not have a substantial adverse impact on job or employment opportunities. Because it is evident from the nature of the revised rule that it will have no impact on jobs or employment opportunities, no further measures were taken. Accordingly, a job impact statement is not required and one has not been prepared.

Assessment of Public Comment

Since publication of a Notice of Proposed Rule Making in the State Register on October 27, 2010, the State Education Department received one comment, which was generally supportive, but included the following comments.

COMMENT: The commenter expressed concern that the division of grade ranges of students with disabilities certificate titles does not align with the grade ranges in existence in school buildings.

RESPONSE: To the extent practicable, the grade ranges parallel the structure of the general education certificates. The Department will be reviewing the entire structure of grades ranges for all certificates in the future, and will align, to the extent possible, with the structure of state school buildings.

COMMENT: The commenter requested greater clarity on the scope of instructional practice for teachers with the new adolescence grades 7-12 (generalist) certificate title.

REPSONSE: Since publishing the rule, the Department has provided guidance regarding the functions of teachers with the new certificate title. Additional guidance is also being developed for the registration of programs leading to the new certificate.

COMMENT: The commenter indicated that teacher education programs preparing candidates for the new students with disabilities 7-12 Generalist certificate, must require, as part of the teacher preparation program of study, coursework that addresses the needs of students functioning at a lower developmental level.

RESPONSE: The regulations require that registered programs prepare candidates of students with disabilities programs for students functioning within a wide range of developmental levels. Additionally, the Department has developed a guidance template for teacher preparation programs to ensure they are aware of this requirement.

COMMENT: The commenter recommends that the State Education Department establish minimum requirements for co-teaching and collaboration for students with disabilities teachers with subject area extensions to guide school districts and BOCES and for accountability purposes.

RESPONSE: The regulations require weekly collaboration between a certified general education content specialist in the subject and the teacher who holds an extension under this subdivision, with at least one period per month co-taught by both teachers. The Department believes that school districts and BOCES should have the flexibility to reasonably determine the appropriate quantity of time needed, within the existing regulatory language, for collaboration and co-teaching at the local level.

COMMENT: The commenter recommends that the State Education Department extend the amount of time for individuals to complete requirements through individual evaluation for the students with disabilities certificates that are being phased out.

RESPONSE: SED agrees and the proposed amendment has been amended to extend the time for individuals to complete requirements through individual evaluation until September 1, 2014.