EDU-43-10-00011-A Amend Teacher Education Program Registration and Certification Requirements for Special Education  

  • 3/30/11 N.Y. St. Reg. EDU-43-10-00011-A
    NEW YORK STATE REGISTER
    VOLUME XXXIII, ISSUE 13
    March 30, 2011
    RULE MAKING ACTIVITIES
    EDUCATION DEPARTMENT
    NOTICE OF ADOPTION
     
    I.D No. EDU-43-10-00011-A
    Filing No. 249
    Filing Date. Mar. 15, 2011
    Effective Date. Mar. 30, 2011
    Amend Teacher Education Program Registration and Certification Requirements for Special Education
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Amendment of sections 52.21, 80-3.7, 80-4.2 and 80-4.3 of Title 8 NYCRR.
    Statutory authority:
    Education Law, sections 207(not subdivided), 305(1) and (2) and 3004(1)
    Subject:
    Amend teacher education program registration and certification requirements for special education.
    Purpose:
    Restructure the adolescence level special education certificate structure to fill the need for special education teachers.
    Text or summary was published
    in the October 27, 2010 issue of the Register, I.D. No. EDU-43-10-00011-P.
    Final rule as compared with last published rule:
    No changes.
    Revised rule making(s) were previously published in the State Register on
    January 5, 2011.
    Text of rule and any required statements and analyses may be obtained from:
    Christine Moore, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email: cmoore@mail.nysed.gov
    Assessment of Public Comment
    Since publication of a Notice of Proposed Rule Making in the State Register on October 27, 2010, the State Education Department received one comment, which was generally supportive, but included the following comments.
    COMMENT: The commenter expressed concern that the division of grade ranges of students with disabilities certificate titles does not align with the grade ranges in existence in school buildings.
    RESPONSE: To the extent practicable, the grade ranges parallel the structure of the general education certificates. The Department will be reviewing the entire structure of grades ranges for all certificates in the future, and will align, to the extent possible, with the structure of state school buildings.
    COMMENT: The commenter requested greater clarity on the scope of instructional practice for teachers with the new adolescence grades 7-12 (generalist) certificate title.
    REPSONSE: Since publishing the rule, the Department has provided guidance regarding the functions of teachers with the new certificate title. Additional guidance is also being developed for the registration of programs leading to the new certificate.
    COMMENT: The commenter indicated that teacher education programs preparing candidates for the new students with disabilities 7-12 Generalist certificate, must require, as part of the teacher preparation program of study, coursework that addresses the needs of students functioning at a lower developmental level.
    RESPONSE: The regulations require that registered programs prepare candidates of students with disabilities programs for students functioning within a wide range of developmental levels. Additionally, the Department has developed a guidance template for teacher preparation programs to ensure they are aware of this requirement.
    COMMENT: The commenter recommends that the State Education Department establish minimum requirements for co-teaching and collaboration for students with disabilities teachers with subject area extensions to guide school districts and BOCES and for accountability purposes.
    RESPONSE: The regulations require weekly collaboration between a certified general education content specialist in the subject and the teacher who holds an extension under this subdivision, with at least one period per month co-taught by both teachers. The Department believes that school districts and BOCES should have the flexibility to reasonably determine the appropriate quantity of time needed, within the existing regulatory language, for collaboration and co-teaching at the local level.
    COMMENT: The commenter recommends that the State Education Department extend the amount of time for individuals to complete requirements through individual evaluation for the students with disabilities certificates that are being phased out.
    RESPONSE: SED agrees and the proposed amendment has been amended to extend the time for individuals to complete requirements through individual evaluation until September 1, 2014.

Document Information

Effective Date:
3/30/2011
Publish Date:
03/30/2011