EDU-45-12-00012-P Individual Evaluation and Experience Requirements for Level III Teaching Assistant Certificates

11/7/12 N.Y. St. Reg. EDU-45-12-00012-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 45

November 07, 2012

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-45-12-00012-P

Individual Evaluation and Experience Requirements for Level III Teaching Assistant Certificates

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

Proposed Action:

Amendment of sections 80-5.6, 80-3.7 and 80-3.3 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207 (not subdivided), 305(1), 3001(2), 3006(1)(b) and 3009(1)

Subject:

Individual evaluation and experience requirements for level III teaching assistant certificates.

Purpose:

To extend the sunset date for individual evaluation and amend experience requirements for level III teaching assistant certificate.

Text of proposed rule:

1. Item (iii) of subclause (1) of clause (c) of subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6 of the Regulations of the Commissioner of Education is amended, effective January 30, 2013, to read as follows:

(iii) Experience. The candidate shall submit adequate evidence substantiating satisfactory employment as a teacher in the classroom teaching service as defined in section 80-1.1 of this Part, a teaching assistant for one school year under a level I teaching assistant certificate or a level II teaching assistant certificate or under a temporary license authorizing employment as a teaching assistant.

2. Section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective January 30, 2013, to read as follows:

Section 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. Except as otherwise provided in this section, this option for meeting education requirements shall only be available for 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 September 1, 2013] on or before April 30, 2014, and who upon application qualify for such certificate. Candidates with a graduate degree in science, technology, engineering or mathematics who apply for an initial teaching certificate under subclause (a)(3)(ii)(c)(3) of this section may continue to meet the education requirements for classroom teaching certificates through individual evaluation after [September 1, 2013] May 1, 2014. 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) . . .

(b) . . .

(c) . . .

3. Subparagraph (iii) of paragraph (3) of subdivision (a) of section 80-3.3 of the Regulations of the Commissioner of Education is amended, effective January 30, 2013, 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 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 or for any other certificate in the classroom teaching service [by February 1, 2009] on or before April 30, 2014, and who upon application qualify for such 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, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Peg Rivers, NYS Education Department, Office of Higher Education, Room 979, Washington Avenue, Albany, NY 12234, [phone], email: [e-mail]

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 extending the sunset date for individual evaluation and amending the experience requirements for the Level III teaching assistant certificate.

3. NEEDS AND BENEFITS:

Experience Requirements for Level III Teaching Assistant Certificate

The purpose of the proposed amendment is to amend the experience requirements for a Level III teaching assistant certificate to allow a candidate who has one year of teaching experience in the classroom teaching service to satisfy the experience requirement. Some school districts require a certified teacher to hold a certificate as a teaching assistant in order to work as a teaching assistant. The current regulation requires one year of teaching assistant experience in order to be granted the Level III certificate. In order to allow teachers to also be employed as teaching assistants in districts that require teachers to also hold a certificate as a teaching assistant, we are proposing to allow certain teachers to be eligible for a Level III teaching assistant certificate by accepting one year of teaching experience in the classroom teaching service to satisfy the experience requirement for the Level III certificate.

Individual Evaluation Pathway to Teacher Certification

In 2003, the Board of Regents revised the certification requirements for teachers by creating a pathway for individual evaluation for candidates who have not completed registered teacher education programs. Under the individual evaluation pathway, candidates are required to submit evidence of course work and field experience to the State Education Department for evaluation and issuance of the certificate.

The provision regarding individual evaluation included a sunset date of February 1, 2007 for certificates in childhood education and February 1, 2009 for all other certificates in the classroom teaching service.

In 2008, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2009 to February 1, 2012. The purpose in establishing these sunset dates was to allow the Department time to assess the continued need for the individual evaluation pathway, based on how many candidates use this pathway to become certified, particularly in subject areas where there are teacher shortages.

In June 2011 the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2012 to September 1, 2013. The purpose in establishing the extension to September 2013 was to coincide with the implementation of the new exams.

In January 2012 the Regents approved a change in the date the new teacher certification examinations to May 1, 2014.

With the scheduled sunset of the Individual Evaluation pathway for new teachers (including career changers) in 2013; and the new reforms effective in May 2014; staff recommends that the Individual Evaluation pathway be extended until May 1, 2014. This would allow:

(1) the Regents to have time to evaluate the implementation of the reforms to teaching and the impact such changes may have on an Individual Evaluation pathway to certification;

(2) SED staff time to prepare policy options and research on the effectiveness of the Individual Evaluation pathway in addressing subject shortage areas especially in high need schools;

(3) candidates with applications pending through the Individual Evaluation pathway to have more certainty in making plans for college study.

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 teacher assistants 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 amendment is to amend the sunset date for individual evaluation and the experience requirements for a Level III teaching assistant certificate to allow a candidate who has two years of teaching experience in the classroom teaching service to satisfy the experience requirement. 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 assistant 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:

Experience Requirements for Level III Teaching Assistant Certificate

The purpose of the proposed amendment is to amend the experience requirements for a Level III teaching assistant certificate to allow a candidate who has one year of teaching experience in the classroom teaching service to satisfy the experience requirement. Some school districts require a certified teacher to hold a certificate as a teaching assistant in order to work as a teaching assistant. The current regulation requires one year of teaching assistant experience in order to be granted the Level III certificate. In order to allow teachers to also be employed as teaching assistants in districts that require teachers to also hold a certificate as a teaching assistant, we are proposing to allow certain teachers to be eligible for a Level III teaching assistant certificate by accepting one year of teaching experience in the classroom teaching service to satisfy the experience requirement for the Level III certificate.

Individual Evaluation Pathway to Teacher Certification

In 2003, the Board of Regents revised the certification requirements for teachers by creating a pathway for individual evaluation for candidates who have not completed registered teacher education programs. Under the individual evaluation pathway, candidates are required to submit evidence of course work and field experience to the State Education Department for evaluation and issuance of the certificate.

The provision regarding individual evaluation included a sunset date of February 1, 2007 for certificates in childhood education and February 1, 2009 for all other certificates in the classroom teaching service.

In 2008, the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2009 to February 1, 2012. The purpose in establishing these sunset dates was to allow the Department time to assess the continued need for the individual evaluation pathway, based on how many candidates use this pathway to become certified, particularly in subject areas where there are teacher shortages.

In June 2011 the Regents extended the expiration date of the individual evaluation pathway for all classroom titles except childhood education from February 1, 2012 to September 1, 2013. The purpose in establishing the extension to September 2013 was to coincide with the implementation of the new exams.

In January 2012 the Regents approved a change in the date the new teacher certification examinations to May 1, 2014.

With the scheduled sunset of the Individual Evaluation pathway for new teachers (including career changers) in 2013; and the new reforms effective in May 2014; staff recommends that the Individual Evaluation pathway be extended until September 1, 2014.

This would allow:

(1) the Regents to have time to evaluate the implementation of the reforms to teaching and the impact such changes may have on an Individual Evaluation pathway to certification;

(2) SED staff time to prepare policy options and research on the effectiveness of the Individual Evaluation pathway in addressing subject shortage areas especially in high need schools;

(3) candidates with applications pending through the Individual Evaluation pathway to have more certainty in making plans for college study.

3. COSTS:

There are no additional costs imposed by the proposed amendment.

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 the certification requirements for teachers and teaching assistants should be consistent 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 extend the sunset date for individual evaluation for certain teachers and to amend the experience requirements for a Level III teaching assistant certificate to allow a candidate who has one year of teaching experience in the classroom teaching service to satisfy the experience requirement. 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.