Home » 2016 Issues » March 09, 2016 » EDU-10-16-00015-P Citizenship Requirements for Professional Licensure and Certification in Teaching and Educational Leadership Service
EDU-10-16-00015-P Citizenship Requirements for Professional Licensure and Certification in Teaching and Educational Leadership Service
3/9/16 N.Y. St. Reg. EDU-10-16-00015-P
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 10
March 09, 2016
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-10-16-00015-P
Citizenship Requirements for Professional Licensure and Certification in Teaching and Educational Leadership Service
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 59.4 and 80-1.3 of Title 8 NYCRR.
Citizenship requirements for professional licensure and certification in teaching and educational leadership service.
Purpose:
To authorize the granting of licenses to individuals in the Title VIII professions and the certification of teachers and educational leaders to otherwise qualified aliens who are not unlawfully present in the U.S. and who meet all other licensure requirements except citizenship to become licensed or certified.
Text of proposed rule:
1. Section 59.4 of the Regulations of the Commissioner of Education is repealed and a new section 59.4 of the Regulations of the Commissioner of Education is added, effective June 1, 2016, to read as follows:
§ 59.4 Citizenship.
Notwithstanding any other provision of this Title to the contrary, no otherwise qualified applicant shall be denied a license, certificate, limited permit or registration pursuant to this Title by reason of his or her citizenship or immigration status, unless such applicant is otherwise ineligible for a professional license under 8 USC § 1621 or any other applicable federal law. Provided, however that pursuant to 8 USC § 1621(d), no otherwise qualified alien shall be precluded from obtaining a professional license under this Title if an individual is not unlawfully present in the United States, including but not limited to individuals granted Deferred Action for Childhood Arrivals relief or similar relief from deportation.
2. Section 80-1.3. of the Regulations of the Commissioner of Education is repealed and a new section 80-1.3 of the Regulations of the Commissioner of Education is added, effective June 1, 2016, to read as follows:
§ 80-1.3 Citizenship.
(a) Notwithstanding any other provision this Part to the contrary, no otherwise qualified applicant shall be denied a certificate under this Part, or registration pursuant to this Title by reason of his or her citizenship or immigration status, unless such applicant is otherwise ineligible for a professional license under 8 USC § 1621 or any other applicable federal law. Provided, however that pursuant to 8 USC § 1621(d), no otherwise qualified alien shall be precluded from obtaining a professional license under this Title if an individual is not unlawfully present in the United States, including but not limited to applicants granted Deferred Action for Childhood Arrivals relief or similar relief from deportation.
(b) The requirements of subdivision (a) of this section shall not preclude a candidate who is not a citizen of the United States from qualifying for a permit or other authorization to teach in the public schools of New York State, in accordance with specific provisions of the Education Law that authorize such teaching service by a candidate who is not a citizen of the United States, such as section 3005 of the Education Law.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, New York State Education Department, 89 Washington Avenue, Albany, New York 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Peg Rivers, New York State Education Department, 89 Washington Avenue, Albany, New York 12234, (518) 408-1189, email: privers@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
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.
Section 210 of the Education Law authorizes Regents to register domestic and foreign institutions in terms of State standards, and fix the value of degrees, diplomas and certificates issued by institutions of other states or countries and presented for entrance to schools, colleges and professions in the State.
Section 215 of the Education Law authorizes the Commissioner to require reports from schools under State educational supervision.
Section 305(1) and (2) of the Education Law authorize the Commissioner to enforce laws relating to the State educational system and execute Regents educational policies, and provides the Commissioner with general supervision over schools and authority to advise and guide school district officers in their duties and the general management of their schools.
Subdivision (1) 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 (3) of section 3001 of the Education Law establishes a citizenship requirement as a qualification for teaching in the public schools of New York State, with exceptions, and authorizes aliens to teach in the public schools pursuant to regulations of the Commissioner of Education.
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 any part thereof, be collected by a district tax except as provided in the Education Law.
Section 6504 and 5606 of the Education Law authorize the Board of Regents to supervise the admission to and regulation of the practices of the professions.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment to the Regulations of the Commissioner of Education carries out the objectives of the above-referenced statutes by establishing citizenship requirements for the Title VIII professions and teaching and educational leadership service.
3. NEEDS AND BENEFITS:
The amendment relates to citizenship requirements for the Title VIII professions and the certification of teachers and educational leadership in the State of New York. The purpose of the proposed amendment is to replace previous citizenship requirements as a result of recent case law on citizenship requirements for State licensure.
The amendment authorizes the granting of licenses to individuals in the Title VIII professions and the certification of teachers to otherwise qualified aliens who are not unlawfully present in the U.S. and who meet all other licensure requirements except citizenship to become licensed or certified.
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 applications for licenses.
(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. The amendment will not impose costs on regulated parties beyond those already imposed by statute and/or regulation.
(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:
The amendment will not impose any program, service, duty or responsibility on local governments.
6. PAPERWORK:
The proposed amendment will not increase reporting or recordkeeping requirements beyond existing requirements. Candidates seeking licensure in the Title VIII professions and certification in teaching and educational leadership are required to make written application with the State Education Department and provide all evidence of having met the requirements for the license or certificate sought, including the education and experience requirements.
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 deal with the subject matter of this amendment.
10. COMPLIANCE SCHEDULE:
Candidates must comply with the proposed amendment on its effective date. No additional period of time is necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The proposed amendment would authorize the granting of licenses to individuals in the Title VIII professions and the certification of teachers and educational leaders to otherwise qualified aliens who are not unlawfully present in the U.S. and who meet all other licensure requirements except citizenship to become licensed or certified. The purpose of the proposed amendment is to replace previous requirements as a result of recent case law on citizenship requirements for State licensure.
The proposed amendment does not regulate small businesses or local governments. It does not impose any reporting, recordkeeping, or compliance requirements or have any adverse economic impact on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none 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 ESTIMATE OF NUMBERS OF RURAL AREAS:
The proposed amendment will affect applicants seeking a license in the Title VIII professions and candidates seeking certification as a teacher or educational leader 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 REQURIEMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment authorizes the granting of licenses to individuals in the Title VIII professions and the certification of teachers and educational leaders to otherwise qualified aliens who are not unlawfully present in the U.S. and who meet all other licensure requirements except citizenship to become licensed or certified. The purpose of the proposed amendment is to replace previous citizenship requirements as a result of recent case law on citizenship requirements for State licensure.
3. COSTS:
The amendment will not impose costs on regulated parties, beyond those already imposed by statute or regulation.
4. MINIMIZING ADVERSE IMPACT:
The amendment establishes citizenship requirements for certification as a teacher and educational leader. The State Education Department does not believe that establishing different standards for candidates who live or work in rural areas is warranted.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Rural Advisory Committee. This Committee has representatives who live and/or work in rural areas.
Job Impact Statement
The proposed amendment would authorize the granting of licenses to individuals in the Title VIII professions and the certification of teachers and educational leaders to otherwise qualified aliens who are not unlawfully present in the U.S. and who meet all other licensure requirements except citizenship to become licensed or certified.
The proposed amendment will not have an adverse impact on jobs or employment opportunities. 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.
