EDU-09-09-00006-RP Physical Education Instruction, Coaching Qualifications, and Extension of Eligibility for Interscholastic Athletics

5/13/09 N.Y. St. Reg. EDU-09-09-00006-RP

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 19

May 13, 2009

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

REVISED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-09-09-00006-RP

Physical Education Instruction, Coaching Qualifications, and Extension of Eligibility for Interscholastic Athletics

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:

Proposed Action:

Amendment of section 135.4 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 101 (not subdivided), 207 (not subdivided), 305(1) and (2), 803(5) and 3204(2)

Subject:

Physical education instruction, coaching qualifications, and extension of eligibility for interscholastic athletics.

Purpose:

To revise physical education instruction requirements for elementary programs and establish qualifications and appropriate training of coaches.

Text of revised rule:

1. Subparagraph (i) of paragraph (2) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education is amended, effective July 16, 2009, as follows:

(i) Elementary instructional program-grades K through 6. Pupils in grades K - 6 shall participate in the physical education program as follows:

(a) all pupils in grades K-3 shall participate in the physical education program on a daily basis. All pupils in grades 4-6 shall participate in the physical education program not less than three times each week. The minimum time devoted to such programs (K-6) shall be at least 120 minutes in each calendar week, exclusive of any time that may be required for dressing and showering; [or]

(b) notwithstanding the provisions of clause (a) of this subparagraph, pupils in grades 5-6 who are in a middle school shall participate in the physical education program a minimum of three periods per calendar week during one semester of each school year and two periods during the other semester, or a comparable time each semester if the school is organized in other patterns; or

(c) as provided in an equivalent program approved by the Commissioner of Education;

2. Paragraph (7) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education is amended, effective July 16, 2009, as follows:

(7) Basic code for extraclass athletic activities. Athletic participation in all schools shall be planned so as to conform to the following:

(i) General provisions. It shall be the duty of trustees and boards of education:

(a) to conduct school extra class athletic activities in accordance with this Part and such additional rules consistent with this basic code as may be adopted by such boards relating to items not covered specifically in this code. A board may authorize appropriate staff members to consult with representatives of other school systems and make recommendations to the board for the enactment of such rules;

(b) to make the extra class athletic activities an integral part of the physical education program;

(c) to [permit] appoint individuals, whether in a paid or non-paid (volunteer) status, to serve as coaches of interschool athletic teams, other than intramural teams or extramural teams, in accordance with the following:

(1) [certified] Certified physical education teachers may coach any sport in any school[;] .

(2) [teachers] Teachers with coaching qualifications and experience certified only in areas other than physical education may coach any sport in any school, provided they have completed:

(i) the first aid requirement set forth in section 135.5 of this Part; and

(ii) an approved pre-service or in-service education program for coaches or will complete such a program within [three] five years of appointment. Such program shall include an approved course in [philosophy, principles and organization of athletics] Philosophy, Principles and Organization of Athletics, which shall be completed within two years after initial appointment as a coach, and approved courses in Health Sciences Applied to Coaching, and Theory and Techniques of Coaching that is sport specific, which shall be completed within five years after initial appointment as a coach. Such approved programs for coaches will consist of one of the following (credits and hours vary depending upon the contact and endurance involved in the sport): a department- approved college program of from two to eight credits; or a department approved in-service education program, conducted by schools, colleges, professional organizations or other recognized groups or agencies, from 30 to 120 clock hours; or an equivalent experience which is approved by the Commissioner of Education. Upon application to the Commissioner of Education in a format prescribed by the Commissioner and setting forth the reasons for which an extension is necessary, the period in which to complete such training may be extended to no more than seven years after such appointment; provided that coaches who have a lapse in service due to maternity leave, military leave, or other extenuating circumstances may apply to the Commissioner for an additional extension of no more than two years to complete course work.

(3) [temporary] Temporary coaching license. Except as provided in subclause (4) of this clause and notwithstanding the provisions of section 80-5.10 of this Title, other persons with coaching qualifications and experience satisfactory to the board of education may be [employed] appointed as temporary coaches of interschool sport teams whether in a paid or non-paid (volunteer) status, when certified teachers with coaching qualifications and experience are not available, upon the issuance by the commissioner of a temporary coaching license. A temporary coaching license, valid for one year, will be issued under the following conditions:

(i) the superintendent of schools shall submit [an application for a temporary coaching license, in which the inability of] a statement to the Department that the district is unable to obtain the services of a certified teacher with coaching qualifications and experience [is demonstrated to the satisfaction of the commissioner];

(ii) candidates for initial temporary licensure shall have completed the first aid requirement set forth in section 135.5 of this Part prior to the first day of coaching;

(iii) candidates for the first renewal of a temporary license shall have completed or be enrolled in an approved course in philosophy, principles and organization of athletics;

(iv) candidates for any subsequent renewal of a temporary license shall have completed [or demonstrate evidence of satisfactory progress towards the completion of] an approved pre-service or in-service education program for coaches which shall include an approved course in [philosophy, principles and organization of athletics] Philosophy, Principles and Organization of Athletics, which shall be completed within two years after initial appointment as a coach, and approved courses in Health Sciences Applied to Coaching, and Theory and Techniques of Coaching that is sport specific, which shall be completed within five years after initial appointment as a coach. Such approved programs for coaches shall consist of one of the following (credits and hours vary depending upon the contact and endurance involved in the sport): a department-approved college program of from two to eight credits; or a department approved in-service education program, conducted by schools, colleges, professional organizations or other recognized groups or agencies, from 30 to 120 clock hours; or an equivalent experience which is approved by the Commissioner of Education. Upon application in a format prescribed by the Commissioner of Education and setting forth the reasons for which an extension is necessary, the period in which to complete such training may be extended to no more than seven years after such appointment; provided that coaches who have a lapse in service due to maternity leave, military leave, or other extenuating circumstances may apply to the Commissioner for an additional extension of no more than two years to complete course work.

(4) . . .

(5) . . .

(d) . . .

(e) . . .

(f) . . .

(g) . . .

(h) . . .

(i) . . .

(j) . . .

(k) . . .

(l) . . .

(m) . . .

(n) . . .

(o) . . .

(p) . . .

(q) . . .

(r) . . .

(s) . . .

(ii) Provisions for interschool athletic activities for pupils in grades 7 through 12. It shall be the duty of the trustees and boards of education to conduct interschool athletic competition for grades 7 through 12 in accordance with the following:

(a) . . .

(b) Interschool athletic competition for pupils in senior high school grades 9, 10, 11 and 12. Inter-high school athletic competition shall be limited to competition between high school teams, composed of pupils in grades 9 to 12 inclusive, except as otherwise provided in subclause (a)(4) of this subparagraph. Such activities shall be conducted in accordance with the following:

(1) Duration of competition. A pupil shall be eligible for senior high school athletic competition in a sport during each of four consecutive seasons of such sport commencing with the pupil's entry into the ninth grade and prior to graduation, except as otherwise provided in this subclause. If a board of education has adopted a policy, pursuant to subclause (a)(4) of this subparagraph, to permit pupils in the seventh and eighth grades to compete in senior high school athletic competition, such pupils shall be eligible for competition during five consecutive seasons of a sport commencing with the pupil's entry into the eighth grade, or six consecutive seasons of a sport commencing with the pupil's entry into the seventh grade. A pupil enters competition in a given year when the pupil is a member of the team in the sport involved, and that team has completed at least one contest. A pupil shall be eligible for interschool competition in grades 9, 10, 11 and 12 until the last day of the school year in which he or she attains the age of 19, except as otherwise provided in subclause (a)(4) of this subparagraph or in this subclause. The eligibility for competition of a pupil who has not attained the age of 19 years prior to July 1st may be extended under the following circumstances.

(i) If sufficient evidence is presented by the chief school officer to the section to show that the pupil's failure to enter competition during one or more seasons of a sport was caused by illness, accident, or similar circumstances beyond the control of the student, such pupil's eligibility shall be extended accordingly in that sport. In order to be deemed sufficient, the evidence must include documentation showing that as a direct result of the illness, accident or other circumstance beyond the control of the student, the pupil will be required to attend school for one or more additional semesters in order to graduate.

(ii) . . .

(2) . . .

(3) . . .

(c) . . .

Revised rule compared with proposed rule:

Substantial revisions were made in section 135.4(c)(7).

Text of revised proposed rule and any required statements and analyses may be obtained from

Chris Moore, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Avenue, Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Johanna Duncan-Poitier, Senior Deputy Commissioner P-16, State Education Department, State Education Building 2M West Wing, 89 Washington Avenue, Albany, NY 12234, [phone], email: [e-mail]

Public comment will be received until:

30 days after publication of this notice.

Revised Regulatory Impact Statement

Since publication of a Notice of Proposed Rule Making in the State Register on March 4, 2009, the proposed rule has been substantially revised as follows:

Section 135.4(c)(7)(i)(c) has been revised, for purposes of clarification and consistency, to specify that an approved pre-service or in-service education program for coaches be completed within five years, instead of three years, of appointment, and that such program shall include an approved course in Philosophy, Principles and Organization of Athletics, which shall be completed within two years after initial appointment as a coach, and approved courses in Health Sciences Applied to Coaching, and Theory and Techniques of Coaching that is sport specific, which shall be completed within five years after initial appointment as a coach.

Section 135.4(c)(7)(ii)(b)(1)(i)(3), regarding temporary coaching licenses, was revised for purposes of ensuring consistency with existing Department practice, to permit the superintendent to submit a statement to the Department that the district is unable to obtain the services of a certified teacher with coaching qualifications and experience. This replaces a requirement that the superintendent submit an application demonstrating to the Commissioner's satisfaction the inability of the district to obtain such services.

In addition, existing substantive provisions were reorganized within section 135.4(c)(7)(i)(c).

Section 135.4(c)(7)(ii)(b)(1)(i) has been revised to specify that in order to be deemed sufficient to show that a pupil's failure to enter competition during one or more seasons of a sport was caused by illness, accident, or similar circumstances beyond the control of the student, for purposes of extending such pupil's eligibility to participate in a sport, the evidence must include documentation showing that as a direct result of the illness, accident or other circumstance beyond the control of the student, "the pupil will be required to attend school for one or more additional semesters in order to graduate." This replaces the previous language that in order to be deemed sufficient, the evidence must include documentation showing "the student's education plan has been extended to a fifth year" as a direct result of the illness, accident or other circumstance beyond the control of the student. This revision was necessary to clarify the provision and otherwise ensure consistency with the language in section 135.4(c)(7)(ii)(b)(1)(ii), which allows a similar extension for pupils who are unable to enter competition because of their enrollment in a national or international student exchange program or foreign study program.

As a result of the above changes, the Needs and Benefits, Local Government Mandates and Paperwork sections of the previously published Regulatory Impact Statement are revised to read as follows:

3. NEEDS AND BENEFITS:

The Office of the State Comptroller Audit on Physical Education recommended the change in regulation to accommodate districts with middle schools and the New York State Public High School Athletic Association and the New York State Athletic Administrators' Association have actively pursued a change in Commissioner's Regulation section 135.4(c)(7)(i)(c), relating to the educational requirements of coaches, the timelines to complete required course work and duration of competition for athletes.

The current regulations do not provide flexibility for school districts that have organized their 5th and 6th grades into a middle school. The proposed amendment would revise the physical education instruction requirements for elementary programs to include provisions for pupils in grades 5 and 6 who attend a middle school. This amendment would eliminate scheduling and staffing issues in middle level schools. The proposed change was listed in the recommendations of the Office of the State Comptroller Audit on Physical Education and recommended by administrators in middle level buildings.

Furthermore, the current regulations do not reflect equality of coaching requirements for certified teacher coaches and non-teacher coaches. In addition, new teachers are required to complete a Master's degree within five years of receiving their baccalaureate. This has affected the time available to new coaches to complete the required coaching courses and has affected the number of certified teacher coaches available to school districts for appointment as an interscholastic athletic coach. The proposed amendment would establish equal timelines for coaches to complete required course work, extend the time for completing requirements, and provide authority for additional extensions for individuals who have had a lapse in service due to extenuating circumstances and clarify extension of eligibility for interscholastic athletes. New York State Education Department oversight and control over the required instruction and coaching regulations would remain intact.

Additional changes in regulation on duration of competition are requested to clarify the extension of eligibility rule. The proposed amendment provides that in order to be an acceptable cause for extending a student's eligibility for interscholastic athletics, the chief school officer must present sufficient evidence that includes documentation showing that the pupil will be required to attend school for one or more additional semesters in order to graduate, as a direct result of the illness, accident or other circumstance beyond the control of the student.

5. LOCAL GOVERNMENT MANDATES:

A school district must ensure that all students are provided the required instruction in physical education under section 803 of the Education Law. The proposed amendment provides flexibility for school districts that have organized their 5th and 6th grades into a middle school, by revising the physical education instruction requirements for elementary programs to include provisions for pupils in grades 5 and 6 who attend a middle school.

In addition, a school district that appoints an individual as an athletic coach for interschool athletic team must ensure that the individual possesses New York State Teacher Certification or Coaching Certification under section 803 of the Education Law, regardless of whether that individual is in a paid or non-paid (volunteer) status. The proposed amendment eliminates discrepancies between teacher-coaches and non-teacher coaches appointed by school districts.

A coach who has a lapse in service due to maternity leave, military leave or other extenuating circumstances may apply in a format prescribed by the Commissioner for an additional extension to complete course work, setting forth the reasons for which an extension is necessary.

In order to be an acceptable cause for extending a student's eligibility for interscholastic athletics, the chief school officer must present sufficient evidence that includes documentation showing that the pupil will be required to attend school for one or more additional semesters in order to graduate, as a direct result of the illness, accident or other circumstance beyond the control of the student.

6. PAPERWORK:

A coach who has a lapse in service due to maternity leave, military leave or other extenuating circumstances may apply in a format prescribed by the Commissioner for an additional extension to complete course work, setting forth the reasons for which an extension is necessary.

In order to be an acceptable cause for extending a student's eligibility for interscholastic athletics, the chief school officer must present sufficient evidence that includes documentation showing that the pupil will be required to attend school for one or more additional semesters in order to graduate, as a direct result of the illness, accident or other circumstance beyond the control of the student.

Revised Regulatory Flexibility Analysis

Since publication of a Notice of Proposed Rule Making in the State Register on March 4, 2009, the proposed rule has been substantially revised as set forth in the Revised Regulatory Impact Statement submitted herewith.

As a result of the above changes, the Compliance Requirements section of the previously published Regulatory Flexibility Analysis for Small Businesses and Local Government is revised to read as follows:

2. COMPLIANCE REQUIREMENTS:

A school district must ensure that all students are provided the required instruction in physical education under section 803 of the Education Law. The proposed amendment provides flexibility for school districts that have organized their 5th and 6th grades into a middle school, by revising the physical education instruction requirements for elementary programs to include provisions for pupils in grades 5 and 6 who attend a middle school.

In addition, a school district that appoints an individual as a coach for an interschool athletic team must ensure that the individual possesses New York State Teacher Certification or Coaching Certification under Article 803 of the Education Law, regardless of whether that individual is in a paid or non-paid (volunteer) status. The proposed amendment eliminates discrepancies between teacher-coaches and non-teacher coaches appointed by school districts. The proposed amendment also clarifies existing language, including clarifying extension of eligibility for interscholastic athletics, and adds provisions permitting coaches to apply to the Commissioner for extensions to complete required coursework.

A coach who has a lapse in service due to maternity leave, military leave or other extenuating circumstances may apply in a format prescribed by the Commissioner for an additional extension to complete course work, setting forth the reasons for which an extension is necessary.

In order to be an acceptable cause for extending a student's eligibility for interscholastic athletics, the chief school officer must present sufficient evidence that includes documentation showing that the pupil will be required to attend school for one or more additional semesters in order to graduate, as a direct result of the illness, accident or other circumstance beyond the control of the student.

Revised Rural Area Flexibility Analysis

Since publication of a Notice of Proposed Rule Making in the State Register on March 4, 2009, the proposed rule has been substantially revised as set forth in the Revised Regulatory Impact Statement submitted herewith.

As a result of the above changes, the Reporting, Record Keeping and Other Compliance Requirements; and Professional Services section of the previously published Rural Area Flexibility Analysis is revised to read as follows:

2. REPORTING, RECORD KEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

A school district must ensure that all students are provided the required instruction in physical education under section 803 of the Education Law. The proposed amendment provides flexibility for school districts that have organized their 5th and 6th grades into a middle school, by revising the physical education instruction requirements for elementary programs to include provisions for pupils in grades 5 and 6 who attend a middle school.

In addition, a school district that appoints an individual as a coach for an interschool athletic team must ensure that the individual possesses appropriate certification under Article 803 of the Education Law, regardless of whether that individual is in a paid or non-paid (volunteer) status. The proposed amendment eliminates discrepancies between teacher-coaches and non-teacher coaches appointed by school districts.

A coach who has a lapse in service due to maternity leave, military leave or other extenuating circumstances may apply in a format prescribed by the Commissioner for an additional extension to complete course work, setting forth the reasons for which an extension is necessary.

In order to be an acceptable cause for extending a student's eligibility for interscholastic athletics, the chief school officer must present sufficient evidence that includes documentation showing that the pupil will be required to attend school for one or more additional semesters in order to graduate, as a direct result of the illness, accident or other circumstance beyond the control of the student.

Revised Job Impact Statement

Since publication of a Notice of Proposed Rule Making in the State Register on March 4, 2009, the proposed rule has been substantially revised as set forth in the Revised Regulatory Impact Statement submitted herewith.

The proposed amendment, as so revised, relates to required physical education instruction for elementary grades, coaching certification and qualifications and duration of competition extension of athletic eligibility, and will not have a substantial adverse impact on job or employment opportunities. The proposed revised amendment revises the physical education instruction requirements for elementary programs to include provisions for pupils in grades 5 and 6 who attend a middle school, and specifies the qualifications of those to be appointed (whether paid or unpaid) by school districts to fill existing athletic coaching positions or openings but does not adversely affect the number of such positions or openings. The proposed amendment also clarifies evidential requirements for extension of eligibility for interscholastic athletics and adds provisions permitting coaches to apply to the Commissioner for extensions to complete required coursework. Since it is evident from the subject matter of the proposed revised amendment that it will have no impact on jobs or employment opportunities, 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.

Assessment of Public Comment

Since publication of a Notice of Proposed Rule Making in the State Register on March 4, 2009 the State Education Department received the following comments: 1. COMMENT: Would the proposed amendment permit a school district to allow an unpaid volunteer to coach provided this individual has First Aid-CPR, is constantly under the direct supervision of the appointed certified coach, is appointed by the Board of Education as a volunteer coach, and is not a relative or a parent?

DEPARTMENT RESPONSE:

The proposed amendment is meant to clarify that the requirements in section 135.4(c)(7)(i)(c) apply to all coaches, regardless of whether in a paid status or in a non-paid (volunteer) status. Therefore a school district may not allow an unpaid volunteer to coach unless the volunteer meets the requirements in section 135.4(c)(7)(i)(c) including, for a volunteer who is not a certified physical education teacher, completion within the timeline prescribed in the regulation of the three required coaching courses: Philosophy, Principles and Organization of Athletics in Education; Health Sciences Applied to Coaching; and Theory and Techniques of Coaching (specific to the sport being coached).