To establish a standardized reciprocity process for the review of teaching candidates from other jurisdictions.
Text of proposed rule:
1. Paragraph (39) of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education shall be amended, effective May 14, 2014, to read as follows:
(39) Teacher means the holder of a valid teacher's certificate issued by the Commissioner of Education [or a valid regional credential].
2. Section 80-1.4 of the Regulations of the Commissioner of Education shall be amended, effective May 14, 2014, to read as follows:
Section 80-1.4 Required study in child abuse identification and reporting, and school violence prevention and intervention.
All candidates for a certificate or license valid for administrative or supervisory service, classroom teaching service or school service shall have completed at least two clock hours of coursework or training regarding the identification and reporting of suspected child abuse or maltreatment in accordance with the requirements of sections 3003(4) and 3004 of the Education Law. In addition, all candidates for a certificate or license valid for administrative or supervisory service, classroom teaching service or school service, who apply for a certificate or license on or after February 2, 2001, shall have completed 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 registered program leading to certification pursuant to section 52.21 of this Title or other approved provider pursuant to Subpart 57-2 of this Title. [An individual making application for a provisional or an initial certificate pursuant to section 3030 of the Education Law and/or section 80-2.2(e) of this Part shall satisfy the requirements of this section upon application for the permanent or professional certificate.]
3. Paragraph (2) of subdivision (a) of section 80-2.9 of the Regulations of the Commissioner of Education is repealed and paragraphs (3) through (6) are renumbered as paragraphs (2) through (5) of subdivision (a) of section 80-2.9 of the Regulations of the Commissioner of Education, effective May 14, 2014.
4. Paragraph (3) of subdivision (d) of section 80-3.2 of the Regulations of the Commissioner of Education is amended, effective May 14, 2014, to read as follows:
(3) The certificate, license or credential forms for supplemental school personnel, teaching in nonregistered evening schools[, regional credential,] and internship certificate shall be those prescribed in Subpart 80-5 of this Part.
5. Paragraph (3) of subdivision (e) of section 80-3.2 of the Regulations of the Commissioner of Education is amended, effective May 14, 2014, to read as follows:
(3) The certificate, license or credential titles for supplemental school personnel, teachers of adult, community and continuing education, [regional credential,] and internship certificate shall be those prescribed in Subpart 80-5 of this Part.
6. Paragraph (1) of subdivision (b) of section 80-3.3 of the Regulations of the Commissioner of Education is repealed and a new paragraph (1) is added to subdivision (b) of section 80-3.3 of the Regulations of the Commissioner of Education, effective May 1, 2014, to read as follows:
(1) Education. The candidate shall meet the education requirement by holding a baccalaureate degree from a regionally accredited institution of higher education or a higher education institution that the commissioner deems substantially equivalent or from an institution authorized by the Regents to confer degrees and whose programs are registered by the department, and shall satisfactorily complete a program registered pursuant to section 52.21 of this Title, which leads to the certificate sought, or its equivalent.
7. Subparagraph (i) of paragraph (1) of subdivision (c) of section 80-3.3 of the Regulations of the Commissioner of Education is repealed and a new subparagraph (i) of paragraph (1) of subdivision (c) of section 80-3.3 of the Regulations of the Commissioner of Education is added, effective May 14, 2014, to read as follows:
(i) Education. The candidate shall meet the education requirement by satisfactorily completing an associate degree program registered pursuant to section 52.21(b)(3)(xiii) of this Title as leading to an initial certificate under option A, or its equivalent.
8. Subparagraph (i) of paragraph (2) of subdivision (c) of section 80-3.3 of the Regulations of the Commissioner of Education is repealed and a new subparagraph (i) of paragraph (2) of subdivision (c) of section 80-3.3 of the Regulations of the Commissioner of Education is added, effective May 14, 2014, to read as follows:
(i) Education. The candidate shall meet the education requirement by satisfactorily completing an program registered pursuant to section 52.21(b)(3)(xiii) of this Title as leading to an initial certificate under option B, or its equivalent.
9. Subclause (2) of clause (a) of subparagraph (ii) of paragraph (1) of subdivision (a) of section 80-3.10 of the Regulations of the Commissioner of Education is repealed and subclause (3) is renumbered as subclause (2) of clause (a) of subparagraph (ii) of paragraph (1) of subdivision (a) of section 80-3.10 of the Regulations of the Commissioner of Education, effective May 14, 2014.
10. Section 80-5.8 of the Regulations of the Commissioner of Education is repealed and a new section 80-5.8 is added, effective May 14, 2014, to read as follows:
Section 80-5.8 Endorsement of certificates for service as a teacher in the classroom teaching service and recognition of substantially equivalent out-of-state teacher education programs for service as a teacher in the classroom teaching service in New York State.
(a) Endorsement of certificates for service as a teacher in the classroom teaching service.
(1) The commissioner may endorse the certificate or an equivalent authorization to practice from another state or territory of the United States or the District of Columbia for service as a teacher in the classroom teaching service, provided that the candidate meets the following requirements:
(i) The candidate shall hold a valid certificate or equivalent authorization to practice from another state or territory of the United States or the District of Columbia that is equivalent to the title and type of the certificate sought.
(ii) The candidate shall meet the general requirements for certificates prescribed in Subpart 80-1 of this Part, including but not limited to the requirements of section 80-1.3 relating to citizenship, section 80-1.4 relating to study in child abuse identification and reporting, and school violence prevention and intervention; section 80-1.13 relating to coursework or training in harassment, bullying and discrimination prevention and intervention; and section 80-1.1 relating to a criminal history check.
(iii) The candidate shall either:
(a) have completed a teacher education program from a regionally accredited institution of higher education or a higher education institution that the Commissioner deems substantially equivalent, provided that such program leads to an initial certificate, or a similar certificate title and type, in the jurisdiction in which the higher education institution is located; or
(b) have at least three years of satisfactory experience in a public school (grades birth-12) in another state or territory of the United States or the District of Columbia in a position that would have required the equivalent of an initial or professional certificate in the certificate title sought as a teacher in the classroom teaching service for employment in New York State and while under a certificate issued by such other state authorizing such service, such experience must have been completed within 5 years immediately preceding the application for endorsement of the out-of-state certificate; or the candidate shall have equivalent experience as determined by the Commissioner.
(iv) Degree. The candidate shall hold a baccalaureate or higher degree from a regionally accredited institution or a higher education institution that the commissioner deems substantially equivalent. Candidates shall have achieved a 2.5 cumulative grade point average, or its equivalent, in the program leading to the degree.
(v) Examination. The candidate shall meet the examination requirements for the title and type of certificate sought in this State.
(2) Such candidate who meets the endorsement requirements in paragraph (1) of this subdivision shall be issued an initial certificate as a teacher in the classroom teaching service pursuant to the requirements of this Part.
(3) If a candidate meets all of the requirements for endorsement set forth in paragraph (1) of this subdivision, except the teacher performance assessment, if required for the certificate type and title sought, the candidate shall be issued a one-year nonrenewable conditional initial certificate, provided that the candidate meets the requirements of section 80-5.17 of this Subpart.
(b) Recognition of substantially equivalent teacher education programs for service as a teacher in the classroom teaching service.
(1) The Commissioner may recognize and issue an initial certificate to an out-of-state candidate who completes a teacher education program at a regionally accredited institution of higher education or a higher education institution that the commissioner deems substantially equivalent from another state or territory of the United States or the District of Columbia that leads to certification in the title and type of certificate sought in the jurisdiction where the higher education institution is located if the candidate also meets the following requirements:
(i) General Requirements. The candidate shall meet the general requirements for certificates prescribed in Subpart 80-1 of this Part, including but not limited to the requirements of section 80-1.3 relating to citizenship, section 80-1.4 relating to study in child abuse identification and reporting, and school violence prevention and intervention; section 80-1.13 relating to coursework or training in harassment, bullying and discrimination prevention and intervention; and section 80-1.1 relating to a criminal history check.
(ii) Degree. The candidate holds a baccalaureate or higher degree from a regionally accredited institution or a higher education institution that the commissioner deems substantially equivalent. Candidates shall have achieved a 2.5 cumulative grade point average, or its equivalent, in the program leading to the degree.
(iii) Examination. The candidate shall receive a satisfactory passing score on all examinations required for the title and type of certificate sought in this State.
(2) A candidate who meets the requirements for recognition of an out-of-state teacher education program in paragraph (1) of this subdivision shall be issued an initial certificate as a teacher in the classroom teaching service pursuant to the requirements of this Part.
11. Section 80-5.11 of the Regulations of the Commissioner of Education is amended, effective May 14, 2014, to read as follows:
Section 80-5.11. Certificate of qualification.
The commissioner shall not issue certificates of qualification with issuance dates on or after September 2, 1998. Holders of certificates of qualification with issuance dates prior to September 2, 1998 may retain the certificate as evidence that the holder is eligible for a provisional certificate. At the commencement of regular employment in any public school in the State, during the period of validity of the certificate of qualification, the holder shall deliver such certificate to the chief school officer of the district offering employment, who shall forward such certificate to the commissioner for the issuance of a provisional certificate. The certificate of qualification is evidence that the holder is eligible for employment as a substitute teacher. Permanent certification will be issued upon completion of the requirements for permanent certification in effect at the time of issuance of the certificate of qualification [or regional certificate].
12. Section 80-5.17 of the Regulations of the Commissioner of Education is repealed a new section 80-5.17 of the Regulations of the Commissioner of Education shall be amended, effective May 14, 2014, to read as follows:
Section 80-5.17 Conditional initial certificate.
(a) Conditional initial certificate in the classroom teaching service.
(1) For out-of-state candidates applying for initial certification on or after May 1, 2014 and prior to May 1, 2017 in a certificate title in the classroom teaching service for which this Part requires completion of a teacher performance assessment, the commissioner may issue to a candidate who has received a satisfactory passing score on all other required examination requirements, as required for the title and type of certificate sought in this State, a one-year nonrenewable conditional initial certificate, notwithstanding that the candidate has not received a satisfactory passing score on the teacher performance assessment, and deem that all other requirements for the initial certificate in the certificate title sought have been met, provided that the candidate holds a valid regular teacher's certificate or an authorization to practice that the commissioner deems equivalent in the same or an equivalent title by another state or territory of the United States and otherwise meets the requirements for endorsement as set forth in subdivision (a) of section 80-5.8 of this Title, except the teacher performance assessment, if required, and the candidate has not already taken and received an unsatisfactory score on the teacher performance assessment.
(b) Conditional initial certificate in the title school building leader. The commissioner may issue a two-year nonrenewable conditional initial certificate in the title school building leader to a candidate who applies for the certificate after September 1, 2006 and meets the following requirements:
(1) . . .
(2) the candidate holds a valid regular certificate or an authorization to practice that the commissioner deems equivalent in an equivalent title to the title school building leader issued by [a state which has contracted with the State of New York pursuant to section 3030 of the Education Law, the interstate agreement on qualifications of educational personnel, or] another state or country provided that the commissioner determines that the certificate issued by the other state or country evidences knowledge, skills and abilities comparable to those required for certification in New York State.
(c) . . .
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 (1) of section 3004 of the Education Law authorizes the Commissioner to prescribe, subject to approval by the Board of Regents, regulations governing the examination and certification of teachers employed in the public schools of this State.
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.
Paragraphs (1) and (2) of section 3007 of the Education Law authorizes the Commissioner to endorse the diploma issued by a normal school or teachers college of another state or a certificate issued by the chief educational officer or state board of another state.
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 establishing requirements for the reciprocity of candidates holding out-of-state certificates and the recognition of out-of-state teacher education preparation programs and amending the requirements for a conditional initial certificate for these candidates.
3. NEEDS AND BENEFITS:
Interstate Agreement
Pursuant to Section 3030 of the Education Law, New York State was a party to the Interstate Agreement on the Qualifications of Educational Personnel until 2010. Created through the National Association of State Directors of Teacher Education and Certification (NASDTEC), this compact permits a State to enter into an agreement with another state for the acceptance of educational personnel where the other state’s programs of education, certification standards or other qualifications were sufficiently comparable to the primary state. In 2010, NASDTEC asked each state to undertake a review of all of the other states’ teacher education programs and licensure requirements to determine if they were comparable to their state before entering into a new agreement. At that time it was determined that the Office of Teaching Initiatives (OTI) did not have the resources to complete this comprehensive review and/or to continue to review changes made to such requirements over the period of the agreement. Instead, OTI created a standardized reciprocity process for the review of candidates coming from other states.
Currently, there are three options for reciprocity in New York State which are posted on the Department’s website and are largely based on the guidelines of the prior interstate compact.
Proposed New Regulations:
The proposed new regulations take into account the new certification requirements, changes to the administration of the exams, and make the requirements clear and transparent for the field and candidates seeking to be certified in New York State.
With the implementation of the new teacher certification requirements taking effect May 1, 2014, it is important to re-evaluate our current practice and consider the potential ramifications of the new certification examinations and how these examinations will be administered.
In the past, many qualified professionals from out-of-state could not start work as a teacher in New York simply because they could not access the required certification exams in a timely manner. To address this situation, efforts were made, as described in our current policies, to determine when a candidate coming from another state had the necessary and equivalent training and preparation to be permitted, on a temporary basis, to teach in New York until they had an opportunity to take and pass all teacher certification examinations required for employment in this profession.
One of the important changes in the administration of the new certification examinations affecting out-of-state candidates is computer-based testing. With testing centers located throughout the country, out-of-state candidates will no longer have to wait significant periods of time or need to travel to New York to take the computer-based exams. Certification examinations are now offered with greater frequency, many on a daily or weekly basis.
However, as part of the new teacher certification requirements, all candidates will also need to take and pass the edTPA. This performance-based assessment requires all candidates to video tape themselves providing instruction in an actual classroom. This requirement has the potential to be a significant barrier for many qualified out-of-state candidates.
As a result of the aforementioned changes to New York’s certification requirements, the Department recommends that the existing practice for out-of-state candidates be discontinued after May 1, 2014 and that new regulations be adopted that clarify, under the new teacher certification requirements, how an out-of-state candidate qualifies for a Conditional Initial Certificate. The proposed regulations also changes existing practice to require candidates to pass the ALST, EAS and CST(s) prior to receiving a Conditional Initial Certificate. The proposed amendment also decreases the time validity of a Conditional Initial Certificate from two years to one year. In addition, the proposed amendment establishes a sunset date of May 1, 2017 for the issuance of a Conditional Initial Certificate.
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 April Regents meeting and will become effective on May 14, 2014.
Regulatory Flexibility Analysis
The purpose of the proposed amendment is clarify the reciprocity requirements for candidates seeking to be certified in New York State with an out-of-state teaching certificate and to recognize certain out-of-state teacher preparation programs for candidates seeking to be licensed in New York and to discontinue the current requirements for conditional initial certificates for out-of-state candidates seeking reciprocity in New York State and instead require that an out-of-state candidate pass the ALST, EAS and CST(s) prior to receiving a Conditional Initial Certificate. In addition, the proposed amendment establishes a sunset date of May 1, 2017 for the issuance of a Conditional Initial Certificate.
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 out-of-state candidates who seek reciprocity and/or recognition of their out-of-state teacher preparation program and apply a conditional initial certificate in order to be employed in all school districts, BOCES 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:
Interstate Agreement
Pursuant to Section 3030 of the Education Law, New York State was a party to the Interstate Agreement on the Qualifications of Educational Personnel until 2010. Created through the National Association of State Directors of Teacher Education and Certification (NASDTEC), this compact permits a State to enter into an agreement with another state for the acceptance of educational personnel where the other state’s programs of education, certification standards or other qualifications were sufficiently comparable to the primary state. In 2010, NASDTEC asked each state to undertake a review of all of the other states’ teacher education programs and licensure requirements to determine if they were comparable to their state before entering into a new agreement. At that time it was determined that the Office of Teaching Initiatives (OTI) did not have the resources to complete this comprehensive review and/or to continue to review changes made to such requirements over the period of the agreement. Instead, OTI created a standardized reciprocity process for the review of candidates coming from other states.
Currently, there are three options for reciprocity in New York State which are posted on the Department’s website and are largely based on the guidelines of the prior interstate compact.
Proposed New Regulations:
The proposed new regulations take into account the new certification requirements, changes to the administration of the exams, and make the requirements clear and transparent for the field and candidates seeking to be certified in New York State.
With the implementation of the new teacher certification requirements taking effect May 1, 2014, it is important to re-evaluate our current practice and consider the potential ramifications of the new certification examinations and how these examinations will be administered.
In the past, many qualified professionals from out-of-state could not start work as a teacher in New York simply because they could not access the required certification exams in a timely manner. To address this situation, efforts were made, as described in our current policies, to determine when a candidate coming from another state had the necessary and equivalent training and preparation to be permitted, on a temporary basis, to teach in New York until they had an opportunity to take and pass all teacher certification examinations required for employment in this profession.
One of the important changes in the administration of the new certification examinations affecting out-of-state candidates is computer-based testing. With testing centers located throughout the country, out-of-state candidates will no longer have to wait significant periods of time or need to travel to New York to take the computer-based exams. Certification examinations are now offered with greater frequency, many on a daily or weekly basis.
However, as part of the new teacher certification requirements, all candidates will also need to take and pass the edTPA. This performance-based assessment requires all candidates to video tape themselves providing instruction in an actual classroom. This requirement has the potential to be a significant barrier for many qualified out-of-state candidates.
As a result of the aforementioned changes to New York’s certification requirements, the Department recommends that the existing practice for out-of-state candidates be discontinued after May 1, 2014 and that new regulations be adopted that clarify, under the new teacher certification requirements, how an out-of-state candidate qualifies for a Conditional Initial Certificate. The proposed regulations also changes existing practice to require candidates to pass the ALST, EAS and CST(s) prior to receiving a Conditional Initial Certificate. The proposed amendment also decreases the time validity of a Conditional Initial Certificate from two years to one year. In addition, the proposed amendment establishes a sunset date of May 1, 2017 for the issuance of a Conditional Initial Certificate.
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 clarify the reciprocity requirements for candidates seeking to be certified in New York State with an out-of-state teaching certificate and to recognize certain out-of-state teacher preparation programs for candidates seeking to be licensed in New York and to discontinue the current requirements for conditional initial certificates for out-of-state candidates seeking reciprocity in New York State and instead require that an out-of-state candidate pass the ALST, EAS and CST(s) prior to receiving a Conditional Initial Certificate. In addition, the proposed amendment establishes a sunset date of May 1, 2017 for the issuance of a Conditional Initial Certificate.
Therefore, the proposed rule will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed rule that it will not affect job 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 was not prepared.
