Renewals of a provisional SAS certificate and reissuances of initial certificates.
Purpose:
Change requirements for renewal of a SAS certificate and requirements for a reissuance of an initial certificate.
Text of proposed rule:
1. Subdivision (c) of section 80-1.7 of the Regulations of the Commissioner of Education is repealed and a new subdivision (c) is added, effective September 1, 2013, to read as follows:
(c) The commissioner shall not accept an application for the renewal of a provisional school administrator and supervisor certificate submitted to the commissioner after September 1, 2013 unless the certificate holder has achieved a satisfactory score on the school building leader assessment(s) that is required at the time the renewed provisional certificate is issued.
2. Section 80-1.8 of the Regulations of the Commissioner of Education is amended, effective January 30, 2013, to read as follows:
§ 80-1.8 Reissuance of an initial certificate.
(a) The holder of an initial certificate whose certificate has expired and who has not successfully completed three school years of teaching experience, or its equivalent, as is required for a professional certificate, shall be [issued] reissued an initial certificate on one occasion only, for a period of five years from the date of reissuance [,provided that the candidate has met the requirements in subdivision (b) of this section].
(1) For candidates applying for a reissuance on or before September 1, 2013, any candidate whose certificate has been expired for two or more years at the time of application for the reissuance shall meet the requirements in subparagraphs (i) and (ii) of this paragraph. For candidates applying for a reissuance on or after September 1, 2013, all candidates applying for a reissuance shall meet the requirements in the following paragraphs:
(i) The candidate shall successfully complete 75 clock hours of acceptable professional development within one year of applying to the department for the reissued initial certificate. The definition of acceptable professional development and the measurement of professional development study shall be that prescribed in section 80-3.6 of this Part.
(ii) The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination content specialty test(s) in the area required for the certificate sought or, where applicable, the New York State assessment for school building leadership required for a certificate as a school building leader, which shall be taken within one year of the candidate's applying to the department for the reissuance of the initial certificate.
(b) Notwithstanding the above, an initial certificate as a school building leader may be reissued a second time if the certificate holder has met all of the requirements for the professional certificate except the experience requirement and has been employed in a school district or BOCES to provide instructional support services as defined in section 80-5.21 of this Part during three of the past five school years.
[(b) Any candidate whose certificate has been expired for two of more years at the time of application for the reissuance shall meet the requirements in both of the following paragraphs:
(1) The candidate shall successfully complete 75 clock hours of acceptable professional development within one year of applying to the department for the reissued initial certificate. The definition of acceptable professional development and the measurement of professional development study shall be that prescribed in section 80-3.6 of this Part.
(2) The candidate shall submit evidence of having achieved a satisfactory level of performance on the new York State Teacher Certification Examination content specialty test(s) in the area required for the certificate sought or the New York State assessment for school building leadership required for a certificate as a school building leader, which shall be taken within one year of the candidate's applying to the department for the reissuance of the initial certificate.]
Text of proposed rule and any required statements and analyses may be obtained from:
Mary Gammon, NYS Education Department, Office of Counsel, Room 148, Washington Avenue, Albany, NY 12234, (518) 474-6400, email: mgammon@mail.nysed.gov
Data, views or arguments may be submitted to:
Peg Rivers, NYS Education Department, Office of Higher Education, Room 979, Washington Avenue, 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 requirements for renewal of a provisional school administrator and supervisor certificate and the reissuance of an initial certificate.
3. NEEDS AND BENEFITS:
Reissuance of the Initial Certificate
Currently, an initial certificate is valid for five years. During those five years, the teacher is required to complete his/her master's degree and three years of teaching experience in order to qualify for the professional certificate. If the teacher is unable to complete the required three years of classroom teaching experience during the five year validity period of the initial certificate and his/her initial certificate has expired, he/she may apply for a reissuance of his/her initial certificate, which is valid for an additional five years. Any candidate whose certificate has been expired for two or more years from the date of his/her reissuance application shall be required to re-take the Content Specialty Test in the certificate area and complete 75 clock hours of acceptable professional development within one year of his/her application for reissuance.
The proposed amendment would allow all candidates applying for a reissuance of an initial certificate on or after September 1, 2013 to apply for a reissuance if they re-take the Content Specialty Test and complete 75 clock hours of acceptable professional development.
Renewal of the School Administrator and Supervisor certificate
This regulatory change would allow the Department to renew the provisional School Administrator and Supervisor (SAS) certificate for those certificate holders that have not been able to complete the two years of school leadership experience required for the permanent SAS certificate. We currently allow for the reissuance of the initial certificate for the School Building Leader (SBL) and in limited circumstances (i.e., where the certificate holder has been employed in a school district or BOCES to devote a substantial portion of his/her time to instructional support services during three of the past five school years). The proposed amendment allows all candidates with a provisional SAS that have not completed their experience to apply for a renewal of their certificate if they receive a passing score on the School Building Leader examination(s) prior to the issuance of the SAS renewal.
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 the January Regents meeting and will become effective on January 30, 2013.
Regulatory Flexibility Analysis
The purpose of the proposed rule is to change the requirements for the renewal of a school administrator and supervisor certificate and the requirements for reissuance of an initial certificate for holders of an initial certificate whose certificate has expired and who have not successfully completed three years of teaching experience. 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 certified teachers that apply for a teaching or school building leader certificate in another certificate area in all parts of the State, 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:
Reissuance of the Initial Certificate
Currently, an initial certificate is valid for five years. During those five years, the teacher is required to complete his/her master's degree and three years of teaching experience in order to qualify for the professional certificate. If the teacher is unable to complete the required three years of classroom teaching experience during the five year validity period of the initial certificate and his/her initial certificate has expired, he/she may apply for a reissuance of his/her initial certificate, which is valid for an additional five years. Any candidate whose certificate has been expired for two or more years from the date of his/her reissuance application shall be required to re-take the Content Specialty Test in the certificate area and complete 75 clock hours of acceptable professional development within one year of his/her application for reissuance.
The proposed amendment would allow all candidates applying for a reissuance of an initial certificate on or after September 1, 2013 to apply for a reissuance if they re-take the Content Specialty Test and complete 75 clock hours of acceptable professional development.
Renewal of the School Administrator and Supervisor certificate
This regulatory change would allow the Department to renew the provisional School Administrator and Supervisor (SAS) certificate for those certificate holders that have not been able to complete the two years of school leadership experience required for the permanent SAS certificate. We currently allow for the reissuance of the initial certificate for the School Building Leader (SBL) and in limited circumstances (i.e., where the certificate holder has been employed in a school district or BOCES to devote a substantial portion of his/her time to instructional support services during three of the past five school years). The proposed amendment allows all candidates with a provisional SAS that have not completed their experience to apply for a renewal of their certificate if they receive a passing score on the School Building Leader examination(s) prior to the issuance of the SAS renewal.
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.
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 requirements for renewal of a school administrator and supervisor certificate and the requirements for reissuance of an initial certificate for holders of an initial certificate whose certificate has expired and who have not successfully completed three years of teaching experience. 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.
