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EDU-19-10-00011-E Teacher Certification Flexibility to Avoid or Mitigate Reductions in Force
5/12/10 N.Y. St. Reg. EDU-19-10-00011-E
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 19
May 12, 2010
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY RULE MAKING
I.D No. EDU-19-10-00011-E
Filing No. 463
Filing Date. Apr. 27, 2010
Effective Date. Apr. 27, 2010
Teacher Certification Flexibility to Avoid or Mitigate Reductions in Force
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 80-4.3 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 3001 and 3004(1)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The purpose of the proposed amendment is to provide flexibility from the current teacher certification requirements to allow school districts and BOCES to reassign effective classroom teachers to another grade level during this demonstrated immediate fiscal crisis in order to avoid or mitigate reductions in force. School districts and the New York State Council of School Superintendents requested that the Regents consider flexibility in the following three areas to help them retain effective teachers while meeting key staffing needs during the current fiscal crisis:
Grades 7-12 Academic Area Certification Extended to Grades 5 and 6
The proposed amendment provides a level of flexibility in certification similar to that of the Experiment in Organizational Change. During a period of fiscal crisis, a district could reassign a teacher who is employed by the district and certified in the classroom teaching service in a subject area in grades 7-12 to teach that same subject area in grades 5 or 6 through a limited extension to the teacher's existing certificate. The limited extension will be valid for two years and shall be valid with that employing entity only. A full extension will be issued to the candidate if the candidate completes six semester hours of coursework in Middle Childhood education.
Childhood Education Extended to Kindergarten
The proposed amendment authorizes a teacher who is currently certified in childhood education (grades 1-6) to be reassigned to teach kindergarten under a limited extension to their existing certificate for a two-year period while they complete six semester hours of pedagogical coursework in early childhood education. At that point, the Department will issue the teacher a full extension to teach kindergarten.
Childhood Education Extended to Grades 7 and 8
Similar to the regulation on the Experiment in Organizational Change, the proposed amendment authorizes a certified and qualified elementary school teacher (grades 1-6) to be reassigned to a position teaching an academic subject in grades 7 and 8. The teacher would need to have appropriate educational and experience for such teaching assignment as demonstrated by earning Highly Qualified status under NCLB in order to be granted a limited extension to their existing certificate title. Also, the teacher must agree to successfully complete the content specialty test in that subject area and complete six semester hours of coursework in Middle Childhood Education, within the next two years to qualify for the full certificate extension when their limited extension expires.
Action is necessary at the April 2010 Board of Regents meeting in order to avoid or mitigate reduction in force decisions that must be made by school districts prior to school budget votes in May 2010.
Subject:
Teacher certification flexibility to avoid or mitigate reductions in force.
Purpose:
To allow school districts and BOCES to reassign effective teachers to another grade level to avoid a reduction in force.
Text of emergency rule:
New subdivisions (k), (l) and (m) are added to section 80-4.3 of the Regulations of the Commissioner of Education is amended, effective April 27, 2010, to read as follows:
(k) Requirements for the issuance of a limited extension to teach a subject in grades 7-8 during a period of immediate fiscal crisis and a 7-8 grade level extension.
(1) Purpose. The purpose of extensions issued under this subdivision, subject to their period of applicability as set forth in paragraph (2) of this subdivision, is to authorize a teacher who is currently employed and certified in the classroom teaching service in childhood education (grades 1-6) or students with disabilities (grades 1-6) or an equivalent certificate title authorizing the teaching of all common branch subjects in childhood education (grades 1-6) to be reassigned by the employing entity to teach that subject in grades 7-8 during a demonstrated fiscal crisis to avoid or mitigate a reduction in force consistent with the requirements of law.
(2) Applicability. The provisions of this subdivision shall apply commencing April 27, 2010 and end on June 30, 2013.
(3) Limitations. A limited extension issued under this subdivision shall be valid for two years from its effective date and shall not be renewable. A limited extension may be issued to a teacher currently employed by an employing entity that meets the requirements in paragraph (4) of this section. A limited extension shall authorize a candidate to teach a subject in grades 7-8 with that employing entity only. Thereafter, a 7-8 grade level extension may be issued to such teacher upon completion of the requirements in paragraph (5) of this subdivision and shall authorize the teacher to teach a subject in grades 7 and 8 in any employing entity.
(4) Requirements for limited extension. Notwithstanding the provisions of this section, a limited extension may be issued to a candidate in a specific subject area for grades 7 and 8 provided that the candidate meets the requirements in each of the following subparagraphs:
(i) The candidate shall hold a valid provisional, permanent, initial or professional certificate in the classroom teaching service in childhood education (grades 1-6) or students with disabilities (grades 1-6) or an equivalent certificate title authorizing the teaching of all common branch subjects in grades 1 through 6; and
(ii) The candidate shall submit a statement by the Chancellor, in the case of employment with the City School District of the City of New York; or by the superintendent, in the case of other employing boards; or by the chief school officer, in the case of employment with another entity required by law to employ certified teachers certifying that:
(a) the employing entity seeks to reassign a currently employed teacher to a new teaching position in grades 7-8 in a subject area in the classroom teaching service;
(b) the candidate meets the qualification requirements of section 120.6 of this Title, relating to the No Child Left Behind Act of 2001;
(c) the employing entity is in an immediate fiscal crisis and the issuance of an extension in grades 7-8 to such candidate will avoid or mitigate a reduction in force;
(d) the employing entity will provide appropriate support to the currently employed teacher undertaking a new teaching assignment under a limited extension to ensure the maintenance of quality instruction for students;
(e) the employing entity will require, as a condition of employment under the extension, the candidate's enrollment in study at an institution of higher education to complete the requirements in paragraph (5) of this subdivision; and
(f) the employing entity will not assign the employed teacher to teach courses for high school credit;
(5) Requirements for 7-8 grade level extension in a subject. Notwithstanding the provisions of this section, an extension to teach a subject in grades 7-8 shall be issued to a candidate in a specific subject area for grades 7 and 8 provided that the candidate successfully completes the New York State Teacher Certification Examination content specialty test in the subject for which a certificate extension is being sought and six semester hours of coursework in middle childhood education.
(l) Requirements for a limited extension to teach kindergarten during a period of immediate fiscal crisis and a kindergarten extension.
(1) Purpose. The purpose of extensions issued in this subdivision, subject to their period of applicability as set forth in paragraph (2) of this subdivision, is to authorize a teacher who is currently employed and certified in the classroom teaching service in childhood education (grades 1-6) or students with disabilities (grades 1-6) or an equivalent certificate title authorizing the teaching of all common branch subjects in childhood education (grades 1-6) to be reassigned by the employing entity to teach kindergarten during a demonstrated immediate fiscal crisis to avoid or mitigate a reduction in force consistent with the requirements of law.
(2) Applicability. The provisions of this subdivision shall apply commencing April 27, 2010 and end on June 30, 2013.
(3) Limitations. A limited extension issued under this subdivision shall be valid for two years from its effective date and shall not be renewable. A limited extension may be issued to a teacher currently employed by an employing entity, provided that the requirements in paragraph (4) of this section are met. A limited extension shall authorize a candidate to teach kindergarten with that employing entity only. Thereafter, a kindergarten extension may be issued to such teacher upon completion of the requirements in paragraph (5) of this subdivision and shall authorize the teacher to teach kindergarten in any employing entity.
(4) Requirements for a limited extension. Notwithstanding the provisions of this section, a limited extension may be issued to a candidate to teach kindergarten provided that the candidate meets the requirements in each of the following subparagraphs:
(i) The candidate shall hold a valid provisional, permanent, initial or professional certificate in the classroom teaching service in childhood education (grades 1-6) or students with disabilities (grades 1-6) or an equivalent certificate title authorizing the teaching of all common branch subjects in grades 1 through 6; and
(ii) The candidate shall submit a statement by the Chancellor, in the case of employment with the City School District of the City of New York; or by the superintendent, in the case of other employing boards; or by the chief school officer, in the case of employment with another entity required by law to employ certified teachers certifying:
(a) the employing entity seeks to reassign a currently employed teacher to a new teaching position in kindergarten;
(b) the candidate meets the qualification requirements of section 120.6 of this Title, relating to the No Child Left Behind Act of 2001;
(c) the employing entity is in an immediate fiscal crisis and the issuance of a limited extension in kindergarten to such candidate will avoid or mitigate a reduction in force;
(d) the employing entity will provide appropriate support to the currently employed teacher undertaking a new teaching assignment under an extension to ensure the maintenance of quality instruction for students; and
(e) the employing entity will require, as a condition of employment under the extension, the candidate's enrollment in study at an institution of higher education to complete the requirements in paragraph (5) of this subdivision.
(5) Requirements for kindergarten extension. Notwithstanding the provisions of this section, a kindergarten extension may be issued to a candidate provided that the candidate satisfactorily completes six semester hours of pedagogical coursework in early childhood development.
(m) Requirements for the issuance of a limited extension to teach a subject in grades 5-6 during a period of immediate fiscal crisis and a 5-6 grade level extension in a subject.
(1) Purpose. The purpose of extensions issued under this subdivision, subject to their period of applicability as set forth in paragraph (2) of this subdivision, is to authorize a teacher who is currently employed and certified in the classroom teaching service in a certain subject in grades 7-12 and who has demonstrated an appropriate academic background to teach in the subject area of his/her grade 7-12 certificate, to be reassigned by the employing entity to teach that subject in grades 5-6 during a demonstrated immediate fiscal crisis to avoid or mitigate a reduction in force, consistent with the requirements of law.
(2) Applicability. The provisions of this subdivision shall apply commencing April 27, 2010 and end on June 30, 2013.
(3) Limitations. A limited extension issued under this subdivision shall be valid for two years from its effective date and shall not be renewable. A limited extension may be issued to a teacher currently employed by an employing entity that meets the requirements in paragraph (4) of this section. A limited extension shall authorize a candidate to teach a subject in grades 5-6 with that employing entity only. Thereafter, a 5-6 grade level extension may be issued to such teacher upon completion of the requirements in paragraph (5) of this subdivision and shall authorize the teacher to teach a subject in grades 5-6 in any employing entity.
(4) Requirements for a limited extension to teach a subject in grades 5-6. Notwithstanding the provisions of this section, a limited extension may be issued to a candidate in a subject for grades 5-6 provided that the candidate meets the requirements in each of the following subparagraphs:
(i) The candidate shall hold a valid provisional, initial, permanent, or professional certificate in English language arts (7-12), language other than English (7-12), mathematics (7-12), biology (7-12), chemistry (7-12), earth science (7-12), physics (7-12), or social studies (7-12); and
(ii) The candidate shall submit a statement by the Chancellor, in the case of employment with the City School District of the City of New York; or by the superintendent, in the case of other employing boards; or by the chief school officer, in the case of employment with another entity required by law to employ certified teachers certifying:
(a) the employing entity seeks to reassign a currently employed teacher to a new teaching position in grades 5-6 in a subject area in the classroom teaching service;
(b) the candidate meets the qualification requirements of section 120.6 of this Title, relating to the No Child Left Behind Act of 2001;
(c) the employing entity is in an immediate fiscal crisis and the issuance of a limited extension to such candidate to teach grades 5-6 will avoid or mitigate a reduction in force;
(d) the employing entity will provide appropriate support to the currently employed teacher undertaking a new teaching assignment under a limited extension to ensure the maintenance of quality instruction for students; and
(e) the employing entity will require, as a condition of employment under the extension, the candidate's enrollment in study at an institution of higher education to complete the requirements in paragraph (5) of this subdivision.
(5) Requirements for a 5-6 grade level extension in a subject area. A 5-6 grade level extension may be issued to a candidate in a specific subject area provided that the candidate meets the requirements of subdivision (b) of this section.
This notice is intended
to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires July 25, 2010.
Text of rule and any required statements and analyses may be obtained from:
Christine Moore, NYS Education Department, 89 Washington Avenue, Room 148, Albany, NY 12234, (518) 473-8296, email: cmoore@mail.nysed.gov
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 3001 of the Education Law provides that no teacher shall be authorized to teach in the public schools of the State if there are not in possession of a teacher's certificate issued by the Department.
Subdivision (1) of section 3004 of the Education Law authorizes the Commissioner to prescribe, subject to the approval by the Regents, regulations governing the examination and certification of teachers employed in the public schools of the State.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative objectives of the above- referenced statute by providing flexibility from the current teacher certification requirements to allow school districts and BOCES to reassign effective classroom teachers to another grade level during this demonstrated immediate fiscal crisis to avoid or mitigate reductions in force.
3. NEEDS AND BENEFITS:
The purpose of the proposed amendment is to provide flexibility from the current teacher certification requirements to allow school districts and BOCES to reassign effective classroom teachers to another grade level during this demonstrated immediate fiscal crisis in order to avoid or mitigate reductions in force. School districts and the New York State Council of School Superintendents requested that the Regents consider flexibility in the following three areas to help them retain effective teachers while meeting key staffing needs during the current fiscal crisis:
Grades 7-12 Academic Area Certification Extended to Grades 5 and 6
The proposed amendment provides a level of flexibility in certification similar to that of the Experiment in Organizational Change. During a period of fiscal crisis, a district could reassign a teacher who is employed by the district and certified in the classroom teaching service in a subject area in grades 7-12 to teach that same subject area in grades 5 or 6 through a limited extension to the teacher's existing certificate. The limited extension will be valid for two years and shall be valid with that employing entity only. A full extension will be issued to the candidate if the candidate completes six semester hours of coursework in Middle Childhood education.
Childhood Education Extended to Kindergarten
The proposed amendment authorizes a teacher who is currently certified in childhood education (grades 1-6) to be reassigned to teach kindergarten under a limited extension to their existing certificate for a two-year period while they complete six semester hours of pedagogical coursework in early childhood education. At that point, the Department will issue the teacher a full extension to teach kindergarten.
Childhood Education Extended to Grades 7 and 8
Similar to the regulation on the Experiment in Organizational Change, the proposed amendment authorizes a certified and qualified elementary school teacher (grades 1-6) to be reassigned to a teaching position in an academic subject in grades 7 and 8. The teacher would need to have appropriate educational and experience for such teaching assignment as demonstrated by earning Highly Qualified status under NCLB in order to be granted a limited extension to their existing certificate title. Also, the teacher must agree to successfully complete the content specialty test in that subject area and complete six semester hours of coursework in Middle Childhood Education, within the next two years to qualify for the full certificate extension when their limited extension expires.
4. COSTS:
(a) Costs to State government: The proposed amendment will not impose any additional costs on State government, including the State Education Department.
(b) Costs to local governments: The proposed amendment will not impose any additional costs on local governments, including school districts and BOCES.
(c) Costs to private regulated parties: In general, the proposed amendment does not impose any additional compliance costs on school districts and BOCES. However, to obtain a limited extension under the proposed amendment, the cost of the extension will be $100 per candidate, which is the amount currently required for candidates seeking an extension.
(d) Costs to regulating agency for implementing and continued administration of the rule: 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 proposed amendment applies to both school districts and boards of cooperative educational services. Therefore, the mandates in Section 3 apply to school districts and BOCES.
6. PAPERWORK:
The proposed amendment requires the candidate to submit a written statement by the Chancellor, the superintendent or by the chief school officer containing certain information, when applying for a limited extension under the proposed amendment.
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 certification requirements for teachers, except the No Child Left Behind Act. Any candidate that applies for a limited extension under the proposed amendment will be required to qualify under the No Child Left Behind Act. Therefore, the proposed amendment is consistent with federal standards.
10. COMPLIANCE SCHEDULE:
The proposed amendment will become effective on April 27, 2010 in order to avoid or mitigate reduction in force decisions that must be made by school districts prior to school budget votes in May 2010.
Regulatory Flexibility Analysis
(a) Small businesses:
The purpose of the proposed amendment is to provide teacher certification flexibility during a demonstrated fiscal crisis to allow school districts and BOCES to reassign effective classroom teachers to another grade level to avoid reductions in force. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
(b) Local governments:
The proposed amendment relates to flexibility in teacher certification requirements for teachers across the State.
1. EFFECT OF RULE:
The purpose of the proposed amendment is to provide teacher certification flexibility during a demonstrated fiscal crisis to allow school districts and BOCES to reassign effective classroom teachers to another grade level to avoid reductions in force.
2. COMPLIANCE REQUIREMENTS:
School districts and the New York State Council of School Superintendents requested that the Regents consider flexibility in the following three areas to help them retain effective teachers while meeting key staffing needs during the current fiscal crisis:
Grades 7-12 Academic Area Certification Extended to Grades 5 and 6
The proposed amendment provides a level of flexibility in certification similar to that of the Experiment in Organizational Change. During a period of fiscal crisis, a district could reassign a teacher who is employed by the district and certified in the classroom teaching service in a subject area in grades 7-12 to teach that same subject area in grades 5 or 6 through a limited extension to the teacher's existing certificate. The limited extension will be valid for two years and shall be valid with that employing entity only. A full extension will be issued to the candidate if the candidate completes six semester hours of coursework in Middle Childhood education.
Childhood Education Extended to Kindergarten
The proposed amendment authorizes a teacher who is currently certified in childhood education (grades 1-6) to be reassigned to teach kindergarten under a limited extension to their existing certificate for a two-year period while they complete six semester hours of pedagogical coursework in early childhood education. At that point, the Department will issue the teacher a full extension to teach kindergarten.
Childhood Education Extended to Grades 7 and 8
Similar to the regulation on the Experiment in Organizational Change, the proposed amendment authorizes a certified and qualified elementary school teacher (grades 1-6) to be reassigned to a teaching position in an academic subject in grades 7 and 8. The teacher would need to have appropriate educational and experience for such teaching assignment as demonstrated by earning Highly Qualified status under NCLB in order to be granted a limited extension to their existing certificate title. Also, the teacher must agree to successfully complete the content specialty test in that subject area and complete six semester hours of coursework in Middle Childhood Education, within the next two years to qualify for the full certificate extension when their limited extension expires.
3. PROFESSIONAL SERVICES:
The proposed amendment does not mandate that school districts or BOCES contract for additional professional services to comply.
4. COMPLIANCE COSTS:
The proposed amendment is permissive in nature and any costs associated with the proposed amendment only apply to candidates that wish to be reassigned to a new grade level. However, to obtain a limited extension, the cost of the extension will be $100 per candidate, which is the amount currently required for candidates seeking an extension.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any additional technological requirements. Economic feasibility is addressed under the Compliance Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment provides flexibility to school districts and BOCES across the State. The proposed amendment provides flexibility from the current teacher certification requirements to allow school districts and BOCES to reassign effective classroom teachers to another grade level during this demonstrated immediate fiscal crisis.
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 across the State. Comments on the proposed rule were also solicited from the BOCES District Superintendents, New York State Council of School Superintendents, New York State United Teachers, New York State School Boards Association, School Administrators Association of New York State, and New York State Association of School Personnel Administrators.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment will affect teachers in school districts and boards of cooperative services in all areas of New York 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 miles or less.
2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The purpose of the proposed amendment is to provide flexibility from the current teacher certification requirements to allow school districts and BOCES to reassign effective classroom teachers to another grade level during this demonstrated immediate fiscal crisis in order to avoid or mitigate reductions in force. School districts and the New York State Council of School Superintendents requested that the Regents consider flexibility in the following three areas to help them retain effective teachers while meeting key staffing needs during the current fiscal crisis:
Grades 7-12 Academic Area Certification Extended to Grades 5 and 6
The proposed amendment provides a level of flexibility in certification similar to that of the Experiment in Organizational Change. During a period of fiscal crisis, a district could reassign a teacher who is employed by the district and certified in the classroom teaching service in a subject area in grades 7-12 to teach that same subject area in grades 5 or 6 through a limited extension to the teacher's existing certificate. The limited extension will be valid for two years and shall be valid with that employing entity only. A full extension will be issued to the candidate if the candidate completes six semester hours of coursework in Middle Childhood education.
Childhood Education Extended to Kindergarten
The proposed amendment authorizes a teacher who is currently certified in childhood education (grades 1-6) to be reassigned to teach kindergarten under a limited extension to their existing certificate for a two-year period while they complete six semester hours of pedagogical coursework in early childhood education. At that point, the Department will issue the teacher a full extension to teach kindergarten.
Childhood Education Extended to Grades 7 and 8
Similar to the regulation on the Experiment in Organizational Change, the proposed amendment authorizes a certified and qualified elementary school teacher (grades 1-6) to be reassigned to a teaching position in an academic subject in grades 7 and 8. The teacher would need to have appropriate educational and experience for such teaching assignment as demonstrated by earning Highly Qualified status under NCLB in order to be granted a limited extension to their existing certificate title. Also, the teacher must agree to successfully complete the content specialty test in that subject area and complete six semester hours of coursework in Middle Childhood Education, within the next two years to qualify for the full certificate extension when their limited extension expires.
3. COSTS:
The proposed amendment is permissive in nature and any costs associated with the proposed amendment only apply to candidates that wish to be reassigned to a new grade level. However, to obtain a limited extension under the proposed amendment, the cost of the extension will be $100 per candidate, which is the amount currently required for candidates seeking an extension.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment provides flexibility to school districts and BOCES located across the State. The proposed amendment provides flexibility from the current teacher certification requirements to allow school districts and BOCES to reassign effective classroom teachers to another grade level during this demonstrated immediate fiscal crisis.
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 of school districts and BOCES located in rural areas of New York State. Comments on the proposed rule were also solicited from the District Superintendents, New York State Council of School Superintendents, New York State United Teachers, New York State School Boards Association, School Administrators Association of New York State, and New York State Association of School Personnel Administrators, the constituencies of which include those from rural areas.
Job Impact Statement
The purpose of the proposed amendment is to provide teacher certification flexibility during a demonstrated fiscal crisis to allow school districts and BOCES to reassign effective classroom teachers to another grade level to avoid reductions in force. The proposed amendment will have no impact on the number of jobs or employment opportunities in New York State. Accordingly, a job impact statement is not required and one has not been prepared.
