2/25/15 N.Y. St. Reg. EDU-48-14-00009-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 80-3.6, 100.2 and 154-2.3 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 215(not subdivided), 305(1), (2), 2117(1), 3001(2), 3003(1), 3004(1), 3006(1)(b) and 3009(1)
Subject:
Professional development requirements for teachers, level III teaching assistants and administrators.
Purpose:
To establish professional development requirements for teachers, holders of a level III teaching assistant certificate, and administrators, in language acquisition that specifically addresses the needs of students who are English Language Learners (ELLs) and integrating language and content instruction for such ELL students.
Text or summary was published
in the December 3, 2014 issue of the Register, I.D. No. EDU-48-14-00009-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email:
legal@mail.nysed.govInitial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2020, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS.
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
COMMENT: One comment expressed concern about certificate holders who are not employed by a public school in New York State. The commenter indicated that while it is easy for teachers in public schools to meet the professional development requirements, private schools and out of state schools are not subject to these requirements. The commenter has asked that we revisit the requirements for certificate holders working in private or an out of state school and either modify or eliminate the requirements for those teachers.
RESPONSE: Section 80-3.6(b)(2) of the Commissioner’s regulations already provides for a 10% adjustment of the professional development requirement per year for a certificate holder that is not regularly employed in a public school in New York. This adjustment will also apply to the minimum professional development requirements in language acquisition for English language learners, as added under the proposed amendment. In an effort to ensure the quality of teaching and learning by ensuring that teachers participate in professional development in order to remain current with their profession, the Department does not believe any further changes are needed.
