Definition of part-time experience for permanent or professional certification.
Purpose:
To provide certification candidates serving as substitute teachers with an alternative to meet part-time continuous service experience requirements.
Text of proposed rule:
1. Paragraph (47) of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education is amended, effective January 29, 2014, to read as follows:
(47) Year of experience for permanent or professional certification means the following:
(i) . . .
(ii) a minimum of 180 days of full-time, continuous school experience in the subject or area of certification completed in periods of no less than 90 days each within a 12-month period; [or]
(iii) a minimum of 360 days of part-time continuous school experience consisting of an average of 2.5 days per work in the subject or area of certification and completed in periods of no less than 90 days each within a 12-year period; or
(iv) a minimum of 360 days of part-time school experience, which shall include at least 45 days of part-time continuous school experience within a 12-year period in the subject area of the certificate sought, consisting of at least of one class period each day with a consistent group of students during such time period.
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: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Peg Rivers, State Education Department, Office of Higher Education, Room 979, 89 Washington Ave., Albany, NY 12234, (518) 486-3633, email: privers@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.
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 authorizes the Commissioner to execute educational policies determined by the Regents.
Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the State's public schools.
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.
Subdivision (1) of section 3009 of the Education Law provides that no part of the school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher, nor shall his salary or part thereof, be collected by a district tax except as provided in the Education Law.
2. LEGISLATIVE OBJECTIVES:
The amendment carries out the legislative objectives of the above-referenced statutes by amending the definition of year of experience for permanent or professional certification to provide candidates serving as substitute teachers with an alternative to meet the part-time continuous service experience requirements.
3. NEEDS AND BENEFITS:
Definition of a year of experience for permanent or professional certification
Section 80-1.1(b)(47) of the Commissioner’s Regulations currently defines a year of experience for permanent or professional certification as:
(i) a minimum of 180 days of full-time continuous school experience in the subject or area of certification completed within a 12-month period; or
(ii) a minimum of 180 days of full-time continuous school experience in the subject or area of certification completed in periods of no less than 90 days each within a 12-month period; or
(iii) a minimum of 360 days of part-time continuous school experience consisting of an average of 2.5 days per week in the subject or area of certification and completed in periods of no less than 90 days each within a 12-year period.
Due to budget constraints and reductions in force, the number of teaching positions in many school districts has declined. As a result, it has become increasingly difficult for newly certified teachers to meet the experience requirements for permanent or professional certification.
Teachers are submitting substitute experience to meet the experience requirements for permanent or professional certification. However, many times the part-time substitute experience does not average 2.5 days per week in the subject or the area of certification. This is preventing some teachers from meeting the experience requirement for professional certification. We are proposing to add an option for teachers to obtain their required experience for the permanent certificate.
An example
A teacher holds a Math 7-12 certificate. This teacher cannot find full-time employment in the local school district. The teacher decides to become a substitute teacher, hoping to find a full-time position. This teacher cannot find any position that is 2.5 days per week in the years that he/she is substituting. The substitute teaching is a day here and there in multiple schools. The teacher does have the equivalent of 3 years of experience within the twelve year period, however has not been able to have periods of at least 90 days or 2.5 days per week.
Proposed Amendment
In consultation with the Professional Standards and Practices Board, the Department recommends that the definition of part-time experience be expanded to include the following experience:
A minimum of 360 days of part-time school experience, which shall include at least 45 days of part-time continuous school experience in the subject area of the certificate sought, consisting of at least one class period each day with a consistent group of students during such time period.
The experience must include the breadth of activities that a full-time teacher assigned to the class would have following the teaching standards appropriate to the part-time position. This change would allow candidates serving as substitute teachers who are applying for a permanent or professional certificate to have an alternative option to meet the part-time continuous service, while at the same time requiring candidates to have the skills and abilities required of new teachers.
4. COSTS:
(a) Costs to State government: The amendment will not impose any additional costs on State government including the State Education Department.
(b) Costs to local governments: The amendment will not impose any additional costs on local governments.
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:
There are no additional paperwork requirements beyond those currently imposed.
7. DUPLICATION:
The amendment does not duplicate any existing State or Federal requirements.
8. ALTERNATIVES:
No alternatives were considered.
9. FEDERAL STANDARDS:
There are no Federal standards that establish requirements for the certification of teachers for service in the State's public schools.
10. COMPLIANCE SCHEDULE:
It is anticipated that the proposed amendment will be adopted at January Regents meeting and will become effective on January 29, 2014.
Regulatory Flexibility Analysis
The purpose of the proposed amendment is to amend the definition of year of experience for permanent or professional certification to provide candidates serving as substitute teachers with an alternative to meet the part-time continuous service experience requirements. 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 candidates who seeking to the experience requirement for a permanent or professional certification, 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:
Currently, section 80-1.1(b)(47) of the Commissioner’s Regulations defines a year of experience for permanent or professional certification as follows: (i) a minimum of 180 days of full-time continuous school experience in the subject or area of certification completed within a 12-month period; (ii) a minimum of 180 days of full-time continuous school experience in the subject or area of certification completed in periods of no less than 90 days each within a 12-month period; or (iii) a minimum of 360 days of part-time continuous school experience consisting of an average of 2.5 days per week in the subject or area of certification and completed in periods of no less than 90 days each within a 12-year period.
Due to budget constraints and reductions in force, the number of teaching positions in many school districts has declined. As a result, it has become increasingly difficult for newly certified teachers to meet the experience requirements for permanent or professional certification.
Teachers are submitting substitute experience to meet the experience requirements for permanent or professional certification. However, many times the part-time substitute experience does not average 2.5 days per week in the subject or the area of certification. This is preventing some teachers from meeting the experience requirement for professional certification. We are proposing to add an option for teachers to obtain their required experience for the permanent certificate.
An example
A teacher holds a Math 7-12 certificate. This teacher cannot find full-time employment in the local school district. The teacher decides to become a substitute teacher, hoping to find a full-time position. This teacher cannot find any position that is 2.5 days per week in the years that he/she is substituting. The substitute teaching is a day here and there in multiple schools. The teacher does have the equivalent of 3 years of experience within the twelve year period, however has not been able to have periods of at least 90 days or 2.5 days per week.
Proposed Amendment
The Department recommends that the definition of part-time experience be expanded to include the following experience:
A minimum of 360 days of part-time school experience, which shall include at least 45 days of part-time continuous school experience in the subject area of the certificate sought, consisting of at least one class period each day with a consistent group of students during such time period.
The experience must include the breadth of activities that a full-time teacher assigned to the class would have following the teaching standards appropriate to the part-time position. This change would allow candidates serving as substitute teachers who are applying for a permanent or professional certificate to have an alternative option to meet the part-time continuous service, while at the same time requiring candidates to have the skills and abilities required of new teachers.
There are no reporting requirements in the proposed amendment and no professional services are needed to comply.
3. COSTS:
There are no additional costs imposed beyond those imposed by statute.
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 uniform standards for certification are necessary 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 amend the definition of year of experience for permanent or professional certification to provide candidates serving as substitute teachers with an alternative to meet the part-time continuous service experience requirements. 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.
