EDU-49-10-00007-P Expedited Teacher Certification Pathway for Science or Mathematics in Grades 5-9 and 7-12

12/8/10 N.Y. St. Reg. EDU-49-10-00007-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 49

December 08, 2010

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-49-10-00007-P

Expedited Teacher Certification Pathway for Science or Mathematics in Grades 5-9 and 7-12

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

Proposed Action:

Addition of sections 52.21(b)(3)(xviii), 80-1.1(b)(45), and 80-5.22; and amendment of sections 80-3.3 and 80-3.7(a)(3)(ii)(c) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207 (not subdivided), 305(1) and (2), 3001(2), 3004(1) and (6) and 3006(1)(b)

Subject:

Expedited teacher certification pathway for science or mathematics in grades 5-9 and 7-12.

Purpose:

To provide an expedited pathway for candidates with an advanced degree in STEM areas and postsecondary teaching experience.

Text of proposed rule:

1. A new subparagraph (xviii) is added to paragraph (3) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education, effective December 17, 2010, to read as follows:

(xviii) Alternative teacher certification program leading to initial and professional certificates in certain subject areas (grades 5-9) or (grades 7-12), for individuals with advanced degrees in either science, technology, engineering or mathematics and teaching experience at the post-secondary level.

(a) The general requirements in subparagraphs (2)(i) and (iv) of this subdivision shall be applicable. The other requirements of paragraph (2) of this subdivision shall not be applicable.

(b) The program shall meet the requirements in each of the following subclauses:

(1) Admission requirements.

(i) The program shall require candidates to hold a graduate or higher degree in science, technology, engineering or mathematics from a regionally accredited institution of higher education or from an institution authorized by the Board of Regents to confer degrees. Candidates shall have achieved a 3.0 cumulative grade point average, or its equivalent, in the program leading to the graduate or higher degree.

(ii) Candidates for a certificate in the classroom teaching service shall have completed a graduate major in the subject of the certificate sought, or in a closely related subject area acceptable to the Commissioner.

(iii) The program shall require candidates to show evidence of at least two years of satisfactory teaching experience at the post-secondary level in the certificate area to be taught or in a closely related subject area acceptable to the Department.

(2) Pedagogical study.

(i) The program shall include at least six credits of undergraduate pedagogical core study or four credits of graduate pedagogical study for the initial certificate in the area of the candidate's certificate, as prescribed for the certificate title in this paragraph, which shall include study in the methods of teaching in the certificate area, teaching students with disabilities; curriculum and lesson planning aligned with the New York State Learning Standards; and classroom management and teaching at the developmental level of students to be taught.

(ii) Candidates enrolled in this program who have met all the requirements in this subparagraph except the pedagogical study requirement in subparagraph (b)(2)(ii) of this subparagraph shall be permitted to teach with a transitional G certificate provided that they meet the prescribed requirements for such a certificate in Part 80 of the Commissioner's regulations. Such candidates must complete the required pedagogical study in (b)(2)(ii) of this subparagraph before completion of their first school year of teaching under the transitional G certificate.

2. A new paragraph (45) of subdivision (b) is added to Section 80-1.1 of the Regulations of the Commissioner of Education, effective December 17, 2010, to read as follows:

(45) Transitional G certificate means the first teaching certificate obtained by a candidate who holds an appropriate graduate or higher degree in science, technology, engineering or mathematics and has two years of acceptable experience teaching in a post-secondary institution and is enrolled in an alternative teacher certification program pursuant to section 52.21(b)(3)(xviii) of the Commissioner's regulations or is enrolled in pedagogical study as prescribed under section 80-3.7(a)(3)(ii)(c)(iii), that qualifies that individual to teach in the public schools of New York State, subject to the requirements and limitations of this Part, and excluding the provisional certificate, initial certificate, internship certificate, conditional initial certificate, transitional A certificate, transitional B certificate and transitional C certificate.

3. Subparagraph (i) of paragraph (2) of subdivision (a) of section 80-3.3 of the Regulations of the Commissioner of Education is amended, effective December 17, 2010, to read as follows:

(i) [The] (a) Except as otherwise provided in subdivision (b) of this section, the candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination liberal arts and sciences test, written assessment of teaching skills, and content specialty test(s) in the area of the certificate, except that a candidate seeking an initial certificate in the title of Speech and Language Disabilities (all grades) shall not be required to achieve a satisfactory level of performance on the content specialty test.

(b) Examination requirement for candidates with a graduate or higher degree in science, technology, engineering or mathematics and two years of post-secondary teaching experience in the area of the certificate sought. Any candidate seeking an initial certificate in earth science, biology, chemistry, physics, mathematics or in a closely related field as determined by the Department in (grades 5-9) or (grades 7-12) and who has completed a program registered by the department pursuant to section 52.21(b)(3)(xviii) of the Commissioner's regulations or who is seeking an initial certificate through individual evaluation under section 80-3.7(a)(3)(ii)(c)(iii) shall not be required to achieve a satisfactory level of performance on the written assessment of teaching skills examination or the content specialty test.

4. Clause (c) of subparagraph (ii) of paragraph (3) of subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective December 17, 2010, to read as follows:

(c) For candidates with a graduate or higher degree in science, technology, engineering or mathematics and two years of postsecondary teaching experience in the certificate area to be taught or in a closely related subject area acceptable to the Department, who apply for a certificate or license on or after February 2, 2011 in earth science, biology, chemistry, physics, mathematics or a closely related field, the candidate shall not be required to meet the general requirements in paragraph (2)(iii)(iv) or (v) of subdivision (a) of this section. However, the candidate shall meet the following requirements:

(i) Degree completion. The candidate shall possess a graduate or higher degree in science, technology, engineering or mathematics from a regionally or nationally accredited institution of higher education, a higher education institution that the Commissioner deems substantially equivalent, or from an institution authorized by the Board of Regents to confer degrees and whose programs are registered by the Department. The candidate shall have achieved a 3.0 cumulative grade point average, or its equivalent, in the program leading to the graduate or higher degree. The candidate shall have completed a graduate major in the subject of the certificate sought, or in a related field approved by the department for this purpose.

(ii) Post-secondary teaching experience. The program shall require candidates to show evidence of at least two years of satisfactory teaching experience at the post-secondary level in the certificate area to be taught or in a closely related subject area acceptable to the Department.

(iii) Pedagogical study. The candidate shall complete at least six credits of undergraduate pedagogical core study or four credits of graduate pedagogical study for the initial certificate in the area of the candidate's certificate, as prescribed for the certificate title in this paragraph, which shall include study in the methods of teaching in the certificate area, teaching students with disabilities; curriculum and lesson planning aligned with the New York State Learning Standards; and classroom management and teaching at the developmental level of students to be taught.

5. Section 80-5.22 of the Regulations of the Commissioner is added, effective December 17, as follows:

§ 80-5.22 Transitional G certificate for career changers and others holding a graduate or higher degree in science, technology, engineering or mathematics and with at least two years of acceptable post-secondary teaching experience.

(a) General requirements.

(1) Time validity. The transitional G certificate shall be valid for one year.

(2) Limitations. The transitional G certificate shall authorize a candidate to teach only in a school district for which a commitment for employment has been made. In addition, it shall only be valid as long as the candidate is enrolled in study at an institution of higher education to complete the pedagogical study requirements for an initial certificate in this subject area, unless the candidate has completed such study.

(b) The candidate shall meet the requirements in each of the following paragraphs:

(1) Education. A candidate shall hold a graduate or higher degree in science, technology, engineering or mathematics from a regionally or nationally accredited institution of higher education, a higher education institution that the Commissioner deems substantially equivalent, or from an institution authorized by the Board of Regents to confer degrees. A candidate shall complete study in the means for identifying and reporting suspected child abuse and maltreatment, which shall include at least two clock hours of coursework or training in the identification and reporting of suspected child abuse or maltreatment in accordance with the requirements of section 3004 of the Education Law. In addition, the candidate shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the Department pursuant to Subpart 57-2 of this Title.

(2) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination liberal arts and sciences test.

(3) Pedagogical study. The candidate shall submit satisfactory evidence of enrollment at an institution of higher education to complete the pedagogical study requirements for an initial certificate, as prescribed in section 52.21(b)(3)(xviii) or section 80-3.7(a)(3)(ii)(c)(iii) of the Commissioner's regulations.

(4) Post-secondary teaching experience. The program shall require candidates to show evidence of at least two years of satisfactory teaching experience at the post-secondary level in the certificate area to be taught or in a closely related subject area acceptable to the Department.

(5) Employment and support commitment. The candidate shall submit satisfactory evidence of having a commitment from a school district of at least one year of employment as a teacher with the school district in the area of the certificate sought, which shall include mentoring and support.

Text of 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 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Peg Rivers, New York State Education Department, Higher Education, 89 Washington Avenue, 9th Floor, Albany, New York 12257, [phone], email: privers@,mail.nysed.gov

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

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 of the Board of Regents and authorizes the Commissioner to enforce laws relating to the educational system and to execute educational policies determined by the Regents.

Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools subject to the Education Law.

Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the public schools of New York State.

Subdivision (1) of section 3004 of the Education Law authorizes the Commissioner of Education to prescribe, subject to the approval of the Regents, regulations governing the examination and certification of teachers employed in all public schools in the State.

Subdivision (6) of section 3004 of the Education Law requires the Regents and the Commissioner to develop programs to assist in the expansion of alternative teacher preparation programs.

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.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the objectives of the above referenced statutes by establishing an alternative certification pathway for candidates with an advanced degree in either science, technology, engineering or mathematics and two years of teaching experience at the post-secondary level, to teach in the certificate area of their advanced degree or one closely related to it, for a period of one year, while the individual completes the pedagogical study requirements for initial certification.

3. NEEDS AND BENEFITS:

The proposed amendment establishes a transitional G certificate to create a mechanism for schools to employ applicants with a graduate degree or higher in science. technology, engineering or mathematics, and two years of experience teaching at the college level in the same area as the certificate requested, or in a closely related field as determined by the Commissioner, to address demonstrated shortage areas in these subjects. School districts and BOCES that wish to employ a teacher with the transitional G certificate must certify to the State Education Department that the district has made a commitment of employment to the transitional G holder, and that the district or BOCES will make it a condition of employment that the candidate be enrolled in study at an institution of higher education to complete the requirements for an initial certificate in this subject area.

The proposed amendment is needed to facilitate the State's ability to address persistent shortages of certified teachers who are qualified to teach in one of the sciences or mathematics at the 5-9 or 7-12 grade level. The proposed amendment is designed to support the Department's continuing efforts to certify a sufficient number of properly qualified candidates to fill the need for science and mathematics teachers in the State's schools.

The transitional G certificate will be valid for one year from its effective date and will not be renewable. It will be limited to employment with an employing entity.

4. COSTS:

(a) Cost to State government. The amendment will not impose any additional cost on State government, including the State Education Department. The State Education Department will use existing staff and resources to process certificate applications.

(b) Cost to local government. The amendment does not impose additional costs upon local governments, including schools districts and BOCES.

(c) Cost to private regulated parties. A candidate seeking a transitional G certificate will be required to pay a $100 application fee.

(d) Costs to the regulatory agency. As stated above in Costs to State Government, the amendment will not impose any additional costs on the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

School districts and BOCES that wish to employ a teacher with the transitional G certificate must certify to the State Education Department that the district has made a commitment of employment to the transitional G holder, and that the district or BOCES will make it a condition of employment that the candidate be enrolled in study at an institution of higher education to complete the requirements for an initial certificate in this subject area, unless the candidate has completed such study.

6. PAPERWORK:

The proposed amendment will not increase reporting or recordkeeping requirements beyond existing requirements. Candidates seeking the transitional G certificate must provide evidence that they are enrolled in study at an institution of higher education to complete the requirements for an initial certificate in this subject area, unless the candidate has completed such study. The employing school district or BOCES will be required to certify that the district wants to employ the candidate in a position for which the candidate would need the transitional G certificate to qualify, and that it will make it a condition of employment that the candidate be enrolled in study at an institution of higher education to complete the requirements for an initial certificate in this subject area, unless the candidate has completed such study.

7. DUPLICATION:

The amendment does not duplicate other existing State or Federal requirements.

8. ALTERNATIVES:

No alternative proposals were considered.

9. FEDERAL STANDARDS:

There are no Federal standards that address alternative certification requirements in the areas of science and mathematics.

10. COMPLIANCE SCHEDULE:

Regulated parties must comply with the proposed amendment on its effective date. Because of the nature of the proposed amendment, no additional period of time is necessary to enable regulated parties to comply.

Regulatory Flexibility Analysis

(a) Small Businesses:

The purpose of the proposed amendment is to establish an expedited pathway for individuals with advanced degrees in science, technology, engineering and mathematics and at least two years of postsecondary teaching experience to become certified in science or mathematics in grades 5-9 and 7-12 to address the demonstrated shortage areas in these subjects and grade levels. The amendment does not impose any reporting, recordkeeping, or compliance requirements and will not have an economic impact on small businesses. Because it is evident from the nature of the rule that it does not affect small businesses, no further steps were needed to ascertain that fact and none were taken.

(b) Local Governments:

1. Effect of the rule:

The proposed amendment affects all school districts and BOCES in the State that wish to hire a teacher for employment that holds a transitional G certificate.

2. Compliance requirements:

The purpose of the proposed amendment is to establish an expedited pathway for individuals with advanced degrees in science, technology, engineering and mathematics and at least two years of postsecondary teaching experience to become certified in science or mathematics in grades 5-9 and 7-12 to address the demonstrated shortage areas in these subjects and grade levels.

The proposed amendment establishes a transitional G certificate which authorizes a qualified applicant, upon meeting the prescribed requirements, a certification to teach at the 5-9 or 7-12 grade level in science, mathematics, or a closely related field as determined by the Commissioner. School districts and BOCES that wish to employ a teacher with the transitional G certificate must certify to the State Education Department that the district has made a commitment of employment to the transitional G holder, and that the district or BOCES will make it a condition of employment that the candidate be enrolled in study at an institution of higher education to complete the requirements for an initial certificate in this subject area, unless the candidate has completed such study.

3. Professional services:

The proposed amendment does not mandate school districts or BOCES to contract for additional professional services to comply.

4. Compliance costs:

There are no compliance costs for school districts or BOCES that exercise the option of employing a teacher under a transitional G certificate. However, the candidate will be required to pay an application fee of $100 for the transitional G certificate.

5. Economic and technological feasibility:

Meeting the requirements of the proposed amendment is economically and technologically feasible. As stated above in compliance costs, the amendment imposes no costs on school districts or BOCES.

6. Minimizing adverse impact:

The amendment establishes requirements for the issuance of a transitional G certificate. The State Education Department does not believe that establishing different standards for local governments is warranted. A uniform standard ensures the quality of the State's teaching workforce.

7. Local government participation:

Comments on the proposed rule were solicited from the State Professional Standards and Practices Board for Teaching. This is an advisory group to the Board of Regents and the Commissioner of Education on matters pertaining to teacher education, certification, and practice. The Board has representatives of school districts and BOCES.

Rural Area Flexibility Analysis

1. Types and estimate of number of rural areas:

The proposed amendment will affect candidates, New York State school districts and BOCES in all parts of the State, including the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square mile or less.

2. Reporting, recordkeeping, and other compliance requirements and professional services:

The purpose of the proposed amendment is to establish an expedited pathway for individuals with advanced degrees in science, technology, engineering and mathematics and at least two years of postsecondary teaching experience to become certified in science or mathematics in grades 5-9 and 7-12 to address the demonstrated shortage areas in these subjects and grade levels. The proposed amendment also establishes requirements regarding the application for and issuance of the transitional G certification. This certification will authorize a qualified applicant, with an advanced degree in either science, technology, engineering, mathematics or a closely related field as determined by the Commissioner, and two years of teaching experience at the post-secondary level, to teach in the certificate area of their advanced degree or one closely related to it, for the period of one year, while the individual completes the pedagogical study requirements for initial certification. Certificate areas identified for the transitional G include: Biology, Chemistry, Earth Science, Physics, Mathematics, or a closely related field as determined by the Commissioner, at the 5-9 or 7-12 grade level.

School districts and BOCES that wish to employ a teacher with the transitional G certificate must certify to the State Education Department that the district has made a commitment of employment to the transitional G holder, and that the district or BOCES will make it a condition of employment that the candidate be enrolled in study at an institution of higher education to complete the requirements for an initial certificate in this subject area, unless the candidate has completed such study.

The proposed amendment will not require regulated parties, including those located in rural areas, to hire professional services in order to comply, other than educational services needed to complete college coursework for the transitional G certificate.

3. Costs:

There are no compliance costs for school districts or BOCES that exercise the option of employing a teacher under a transitional G certificate. However, the candidate will be required to pay an application fee of $100 for the transitional G certificate.

4. Minimizing adverse impact:

The State Education Department does not believe that establishing different standards for candidates who live or work in rural areas is warranted. A uniform standard ensures the quality of the State's teaching workforce.

5. Rural area participation:

Comments on the proposed rule were solicited from the State Professional Standards and Practices Board for Teaching. This is an advisory group to the Board of Regents and the Commissioner of Education on matters pertaining to teacher education, certification, and practice. The Board has representatives who live and/or work in rural areas, including individuals who are employed as educators in rural school districts and BOCES.

Job Impact Statement

The purpose of the proposed amendment is to establish program registration requirements and certification requirements for an expedited pathway for individuals with advanced degrees in science, technology, engineering and mathematics and at least two years of postsecondary teaching experience to become certified in science and mathematics in grades 5-9 and 7-12.

The proposed amendment is needed to facilitate the Department's continuing ability to certify a sufficient number of properly qualified candidates to address shortage areas in the State's public schools and BOCES. This proposal is intended to increase the supply of teachers who are certified in the sciences and mathematics in grades 5-9 and 7-12, all of which are shortage areas.

Because it is evident from the nature of the rule that it could only have a positive impact or no impact on jobs and employment opportunities, no affirmative 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.