EDU-20-09-00007-E Teachers Performing Instructional Support Services
5/20/09 N.Y. St. Reg. EDU-20-09-00007-E
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 20
May 20, 2009
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY RULE MAKING
I.D No. EDU-20-09-00007-E
Filing No. 452
Filing Date. May. 01, 2009
Effective Date. May. 01, 2009
Teachers Performing Instructional Support Services
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 30-1.1, 30-1.2, 30-1.9 and 80-1.1; and addition of section 80-5.21 to Title 8 NYCRR.
Statutory authority:
Education Law, section 207
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 establish qualifications for teachers performing duties in instructional support services and to authorize teachers performing such functions to accrue tenure and seniority rights in a tenure area for which they are properly certified.
The recommended action is proposed as an emergency measure because such action is necessary to preserve the general welfare in order to allow a teacher employed by a school district or BOCES to accrue tenure and seniority rights for the performance of instructional support services.
These positions have never been formally recognized under Education Law and Regents Rules and, therefore, no tenure area exists for them. Therefore, by default under Civil Service Law, these positions are considered classified Civil Service positions that are not instructionally related and, therefore, teachers serving in these positions would not be eligible to accrue tenure and seniority rights.
To address this issue, the Commissioner has certified to the New York State Civil Service Commission that teachers providing instructional support services to classroom teachers and other school personnel for the purpose of enhancing instruction and improving student performance are part of the teaching staff of a public school. Accordingly, these positions are now in the unclassified service, require an appropriate teaching certificate, and are subject to certain provisions in Education Law in regard to appointment, tenure, and seniority rights.
As a result of this action, it is now necessary to authorize teachers performing such services to accrue tenure and seniority rights and to establish qualifications for appointment to positions covered by this tenure area. This will enable teachers who are already serving in instructional support positions to be appointed to an appropriate tenure area. Given the current budget difficulties faced by schools and BOCES in New York State and the possibility of impending lay-offs, it is critical that teachers currently serving in instructional support positions have appropriate tenure protection and that their accrued seniority rights be protected.
Subject:
Teachers performing instructional support services.
Purpose:
Establish qualifications and tenure and/or seniority rights for teachers performing instructional support services.
Text of emergency rule:
1. A new subdivision (j) shall be added to section 30-1.1 of the Rules of the Board of Regents, effective May 1, 2009, to read as follows:
(j) Instructional support services shall mean professional development, pedagogical support, technical assistance, consultation, and/or program coordination offered by teachers to other school personnel including, but not limited to: conducting workshops, study groups, and demonstration lessons; modeling instruction; providing feedback, coaching, mentoring and other professional support for instructional staff; providing training in best instructional practices in specific content areas; assisting instructional staff in analyzing student performance data and differentiating instruction to meet the needs of all students; coordinating the provision of special education services; developing and promoting a culture of reflective instructional practice; providing curriculum and assessment resources to instructional staff; providing information and support on technology tools to extend and support student learning; assessing curriculum development or professional development needs; and such similarly related work.
2. Subdivisions (b) and (c) of section 30-1.2 of the Rules of the Board of Regents shall be renumbered to subdivisions (c) and (d) of section 30-1.2 of the Rules of the Board of Regents, effective May 1, 2009.
3. A new subdivision (b) shall be added to section 30-1.2 of the Rules of the Board of Regents, effective May 1, 2009, to read as follows:
(b) The provisions of this Subpart shall apply to a professional educator appointed by a board of education or board of cooperative educational services for the performance of duties in instructional support services, as defined in subdivision (j) of section 30-1.1 of this Subpart, on or after August 1, 1975 as follows:
(1) A professional educator employed by a board of education or board of cooperative educational services on May 1, 2009 that was appointed to tenure or a probationary period in a tenure area identified in this Subpart for the performance of duties in instructional support services and who did not provide knowing consent to an assignment outside of his previous tenure area pursuant to section 30-1.9 of this Subpart when he was assigned by such board of education or board of cooperative educational services prior to May 1, 2009 to the performance of duties in instructional support services shall receive credit toward tenure and/or accrue tenure and seniority rights in his previous tenure area from the initial date of his assignment to the performance of such duties and shall continue to receive tenure and/or seniority rights in his previous tenure area while assigned to perform duties in instructional support services.
(2) A professional educator employed by a board of education or board of cooperative educational services on May 1, 2009 who was appointed by such board of education or board of cooperative educational services prior to May 1, 2009 for the performance of duties in instructional support services, and who was appointed to tenure or a probationary period in an improper tenure area or a tenure area not authorized under this Subpart based upon the performance of such duties, shall be deemed to have been appointed or assigned by such board of education or board of cooperative educational services to serve in a tenure area for which he holds the proper certification as described in subdivision (b) of section 30-1.9 of this Subpart as it exists on May 1, 2009, from the initial date of his assignment and shall continue to receive credit toward tenure and/or accrue tenure and seniority rights in such tenure area while assigned to perform duties in instructional support services provided that he holds the proper certification for such tenure area.
(3) Any board of education or board of cooperative educational services that employs a professional educator on May 1, 2009 who has not been appointed to tenure or a probationary period in a tenure area and is performing duties in instructional support services, shall make a probationary appointment in accordance with the provisions of subdivision (b) of section 30-1.9 of this Subpart by July 1, 2009 if the board desires to continue to employ such professional educator for instructional support services, provided that the professional educator meets the requirements of section 80-5.21 of the Regulations of the Commissioner of Education. Thereafter, appointments on tenure shall be made in accordance with the provisions of this Subpart.
(4) Any board of education or board of cooperative educational services that assigns a professional educator to the performance of instructional support services on or after May 1, 2009 who has previously been appointed to tenure or a probationary period by such board in a tenure area identified in this Subpart shall credit the professional educator with tenure and seniority rights in their existing tenure area while assigned to perform duties in instructional support services.
(5) Any board of education or board of cooperative educational services that appoints a professional educator on or after May 1, 2009 for the performance of duties in instructional support services shall make probationary appointments and appointments on tenure in accordance with subdivision (b) of section 30-1.9 of this Subpart.
4. Renumbered subdivision (d) of section 30-1.2 of the Rules of the Board of Regents shall be amended, effective May 1, 2009, to read as follows:
(d) Except as otherwise provided in subdivision (b) of this section, each board of education or board of cooperative educational services shall on and after the effective date of this Subpart make probationary appointments and appointments on tenure in accordance with the provisions of this Subpart.
5. Subdivision (a) of section 30-1.9 of the Rules of the Board of Regents shall be amended, effective May 1, 2009, to read as follows:
(a) [A] Except as otherwise provided in subdivision (b) of this section, a board of education or a board of cooperative educational services shall appoint and assign a professional educator in such a manner that he shall devote a substantial portion of his time throughout the probationary period in at least one designated tenure area except that a professional educator who teaches in an experimental program as defined in [subdivision (i) of] section 30-1.1 of this Subpart and who does not devote 40 percent or more of his time to service in any one tenure area may be appointed to a tenure area for which he holds the proper certification.
6. Subdivisions (b) through (e) of section 30-1.9 of the Rules of the Board of Regents shall be renumbered to subdivisions (c) through (f) of section 30-1.9 of the Rules of the Board of Regents, effective May 1, 2009.
7. A new subdivision (b) shall be added to section 30-1.9 of the Rules of the Board of Regents, effective May 1, 2009, to read as follows:
(b) Except as otherwise provided in subdivision (b) of section 30-1.2 of this Subpart, a board of education or a board of cooperative educational services shall appoint and assign a professional educator in such a manner that he shall devote a substantial portion of his time in at least one designated tenure area except that a professional educator appointed or assigned on or after May 1, 2009 to duties described in either paragraph (1) or (2) of this subdivision, shall be appointed to a tenure area for which he holds the proper certification.
(1) A professional educator appointed or assigned to devote a substantial portion of his time to the performance of duties in instructional support services; or
(2) A professional educator appointed or assigned to devote a substantial portion of his time to a combination of duties in instructional support services and time in at least one designated tenure area identified in this Subpart.
8. Paragraphs (23) through (46) of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education shall be renumbered to paragraphs (24) through (47) of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education, effective May 1, 2009.
9. A new paragraph (23) shall be added to subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education, effective May 1, 2009, to read as follows:
(23) Instructional support services, for purposes of section 80-5.21 of the Regulations of the Commissioner of Education, shall mean professional development, pedagogical support, technical assistance, consultation, and/or program coordination offered by teachers to other school personnel including, but not limited to: conducting workshops, study groups, and demonstration lessons; modeling instruction; providing feedback, coaching, mentoring and other professional support for instructional staff; providing training in best instructional practices in specific content areas; assisting instructional staff in analyzing student performance data and differentiating instruction to meet the needs of all students; coordinating the provision of special education services; developing and promoting a culture of reflective instructional practice; providing curriculum and assessment resources to instructional staff; providing information and support on technology tools to extend and support student learning; assessing curriculum development or professional development needs; and such similarly related work.
10. A new section 80-5.21 of the Regulations of the Commissioner of Education shall be added, effective May 1, 2009, to read as follows:
§ 80-5.21 Authorization for appointment or assignment of a teacher to provide instructional support services.
(a) Purpose. The purpose of this section is to authorize a board of education or board of cooperative educational services to appoint or assign an experienced and qualified teacher to provide instructional support services to other school personnel.
(b) Requirements for authorization to provide instructional support services. To be eligible to provide instructional support services to other school personnel, a candidate shall meet the requirements in either paragraph (1) or (2) of this subdivision.
(1) (i) Certification. The candidate shall hold a valid permanent or professional certificate in the teaching service identified in Subpart 80-2 or 80-3 of the Regulations of the Commissioner of Education and be competent and qualified to perform instructional support services by meeting the education and experience qualifications set by the employing school district or board of cooperative educational services, including holding any appropriate certificate(s) in the teaching service required by the school district or board of cooperative educational services for such position; and
(ii) Experience. The candidate shall have at least three years of satisfactory experience as a teacher as defined in section 80-1.1 of the Regulations of the Commissioner of Education, as determined by the department.
(2) (i) Certification. The candidate shall hold a valid initial, provisional, permanent or professional certificate in the teaching service identified in Subpart 80-2 or 80-3 of the Regulations of the Commissioner of Education and be competent and qualified to perform instructional support services by meeting the education and experience qualifications set by the employing school district or board of cooperative educational services, including holding any appropriate certificate(s) in the teaching service required by the school district or board of cooperative educational services for such position; and
(ii) Education. The candidate shall hold an educational degree(s) beyond the baccalaureate level for which the superintendent of school or district superintendent finds sufficiently qualifies such person to be competent and qualified to provide instructional support services.
This notice is intended
to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires July 29, 2009.
Text of rule and any required statements and analyses may be obtained from:
Christine Moore, Education Department, 89 Washington Avenue, Room 148, Albany, NY 12234, (518) 473-4921, 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.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative objectives of the above- referenced statute by establishing qualifications for teachers appointed by a school district or BOCES to serve in a position in instructional support services and authorizes teachers serving in such positions to accrue tenure and seniority rights for the performance of such duties.
3. NEEDS AND BENEFITS:
The purpose of the proposed amendment is to permit teachers employed in instructional support service positions in school districts and BOCES to accrue tenure and seniority rights in a tenure area for which they are properly certified. (The regulations do not impact teachers serving in the New York City School District.) The proposed amendment is necessary because the number of individuals serving in these types of positions has grown considerably in the past three decades and these positions have never been formally recognized as being educational in nature under section 35-g of the Civil Service Law. The effect is that teachers serving in these positions currently are not eligible to accrue tenure and seniority rights in any tenure area.
Despite the fact that instructional support service positions have grown in number and variety, these positions were never certified to the State Civil Service Commission pursuant to the provisions of 35-g of the Civil Service Law as educational in nature and therefore individuals appointed to such positions were not required to have a teaching certificate and teachers in such positions were not able to acquire tenure and/or seniority rights for the performance of such duties.
To address this issue, the Commissioner will certify to the New York State Civil Service Commission that positions providing direct instructional support to other educators for the purpose of enhancing instruction and improving student performance are part of the teaching staff of a public school. Accordingly, these positions will become part of the unclassified service, require an appropriate teaching certificate, and be subject to the Education Law in regard to appointment and tenure.
The proposed amendment authorizes a teacher who is performing instructional support services in a school district or BOCES to accrue tenure and/or seniority rights in a tenure area for which they are properly. It also permits teachers who did not provide knowing consent to an assignment outside of their previous tenure to receive retroactive credit for their prior service in an instructional support position and continue to receive credit in their previous tenure area while assigned to perform instructional support services and authorizes teachers who were appointed to an improper tenure area or a tenure area not authorized by Part 30 of the Rules of the Board of Regents to receive retroactive credit for their prior service in instructional support services in a tenure area for which they are properly certified and to continue to receive such credit while assigned to perform instructional support services.
The proposed amendment also requires that by July 1, 2009, any school district or BOCES which currently employs a certified individual who is not appointed to tenure or a probationary period and who is working in an instructional support service position make a probationary appointment for such individual in a tenure area in which they are properly certified if the district/BOCES intends to continue to employ such individual.
In addition, the proposed amendment provides for an exception to the general rule that, to accrue tenure and seniority rights in a tenure area, a teacher must devote at least 40% of his/her time working in classroom instruction in his/her tenure area. The proposed amendment authorizes teachers to accrue tenure and seniority rights for the performance of duties in instructional support services in any tenure area for which they are properly certified.
The proposed amendment also adds a new Section 80-5.21 to the Commissioner's Regulations to establish qualifications for an appointment of a teacher to a position in instructional support services. The proposed amendment requires that an individual performing instructional support services: (1) hold a valid Permanent or Professional teaching certificate and have at least three years of satisfactory teaching experience, or (2) hold a valid Initial, Provisional, Permanent or Professional certificate and hold an educational degree(s) beyond the baccalaureate level that qualifies such person to be competent and qualified to provide instructional support services.
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: The proposed amendment will not impose any additional costs on private regulated parties.
(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 BOCES as well. The State Education Department has determined that uniform requirements are necessary to ensure the quality of the State's teaching workforce and consistency in tenure and seniority rights for teachers performing duties in instructional support services across the State.
6. PAPERWORK:
In general, the amendment does not impose additional paperwork requirements upon school districts or BOCES.
7. DUPLICATION:
The amendment does not duplicate any existing State or Federal requirements.
8. ALTERNATIVES:
One alternative that was explored was to create a new tenure area in instructional support services for teachers in all school districts and BOCES across the State (with the exception of New York City). However, this alternative was rejected because many teachers are selected for an assignment in instructional support services based on expertise gained from years of quality service to the district and possibly additional education or training attained. These teachers literally "bubble up" from the ranks of the various teaching areas as a result of exemplary service. It made more sense to treat these additional responsibilities as an extension of their teaching duties and permit them to remain in their tenure area and continue to accrue seniority while performing instructional support services. The State Education Department rejected the alternative to create a new instructional support services tenure area because this approach could serve as a deterrent for the recruitment of tenured, experienced teachers to these positions. Most tenured teachers would not want to leave their tenure area to serve in these positions. The proposed amendment provides for an exception to the general rule that, to earn seniority credit, a teacher must devote at least 40% of his/her time working in classroom instruction in his/her tenure area and permits teachers to accrue tenure and seniority rights for the performance of instructional support duties in any tenure area where they are properly certified.
Another alternative was a "blended approach", to establish a new tenure area in instructional support services for teachers serving in these positions in a BOCES and for teachers performing these duties in a school district, they would receive tenure and seniority rights in a tenure area for which they were properly certified. This alternative was also rejected because the State Education Department determined that tenure and seniority rights for individuals performing duties in instructional support services should apply uniformly across the State.
9. FEDERAL STANDARDS:
There are no Federal standards that establish qualifications and/or tenure and seniority rights for teachers performing instructional support services.
10. COMPLIANCE SCHEDULE:
School districts and BOCES will be required to comply with the proposed amendment on its stated effective date.
Regulatory Flexibility Analysis
(a) Small Businesses:
The proposed amendment applies to school districts and boards of cooperative educational services (BOCES) and relates to qualifications for teachers performing instructional support services and tenure and seniority rights for teachers performing such duties. The proposed amendment does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. 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 the qualifications of teachers performing instructional support services and tenure and seniority rights for teachers performing such duties in school districts and BOCES throughout the State.
1. EFFECT OF RULE:
The proposed amendment applies to the 698 school districts and seven BOCES located in New York State and relates to the qualifications of teachers appointed to positions in instructional support services and authorizes teachers to accrue tenure and seniority rights for the performance of such duties.
2. COMPLIANCE REQUIREMENTS:
The purpose of the proposed amendment is to permit teachers employed in instructional support service positions in BOCES and school districts to receive tenure and seniority rights in a tenure area for which they are properly certified. (The regulations do not impact teachers serving in the New York City School District.) The proposed amendment is necessary because the number of individuals serving in these types of positions has grown considerably in the past three decades and these positions have never been formally recognized as being educational in nature under section 35-g of the Civil Service Law. The effect is that teachers serving in these positions currently are not eligible to accrue tenure and seniority rights in any tenure area.
Despite the fact that instructional support service positions have grown in number and variety, these positions were never certified to the State Civil Service Commission pursuant to the provisions of 35-g of the Civil Service Law as educational in nature and therefore individuals appointed to such positions were not required to have a teaching certificate and teachers in such positions were not able to acquire tenure and/or seniority rights for the performance of such duties.
To address this issue, the Commissioner will certify to the New York State Civil Service Commission that positions providing direct instructional support to other educators for the purpose of enhancing instruction and improving student performance are part of the teaching staff of a public school. Accordingly, these positions will become part of the unclassified service, require an appropriate teaching certificate, and be subject to Education Law in regard to appointment and tenure.
The proposed amendment authorizes a teacher who is performing instructional support services in a school district or BOCES to accrue tenure and/or seniority rights in a tenure area for which they are properly. It also permits teachers who did not provide knowing consent to an assignment outside of their previous tenure to receive retroactive credit for their prior service in an instructional support position and continue to receive credit in their previous tenure area while assigned to perform instructional support services and authorizes teachers who were appointed to an improper tenure area or a tenure area not authorized by Part 30 of the Rules of the Board of Regents to receive retroactive credit for their prior service in instructional support services in a tenure area for which they are properly certified and to continue to receive such credit while assigned to perform instructional support services.
In addition, the proposed amendment requires that by July 1, 2009, any school district or BOCES which currently employs a certified individual who is not appointed to tenure or a probationary period and who is working in an instructional support service position make a probationary appointment for such individual in a tenure area in which they are properly certified if the district/BOCES intends to continue to employ such individual.
For individuals employed by a school district or BOCES after May 1, 2009, the proposed amendment provides an exception to the general rule that, to accrue tenure and seniority credit, a teacher must devote at least 40% of his/her time working in classroom instruction in his/her tenure area and will now permit teachers to accrue tenure and seniority rights for the performance of instructional support duties in any tenure area for which they are properly certified.
The proposed amendment also adds a new Section 80-5.21 to the Commissioner's Regulations to establish qualifications for an appointment of a teacher to a position in instructional support services. The proposed amendment requires that an individual performing instructional support services: (1) hold a valid Permanent or Professional teaching certificate and have at least three years of satisfactory teaching experience, or (2) hold a valid Initial, Provisional, Permanent or Professional certificate and hold an educational degree(s) beyond the baccalaureate level that qualifies such person to be competent and qualified to provide instructional support services.
3. PROFESSIONAL SERVICES:
The proposed amendment does not mandate that school districts or BOCES contract for additional professional services to comply.
4. COMPLIANCE COSTS:
In general, the proposed amendment does not impose any additional compliance costs on school districts and BOCES.
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 applies to school districts and BOCES and relates to qualifications for teachers performing instructional support services and tenure and seniority rights for teachers performing such duties. The State Education Department has determined that uniform qualifications are necessary to ensure the quality of the State's teaching workforce and a uniform tenure system across the State for individuals performing such duties.
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 NUMBER OF RURAL AREAS:
The proposed amendment will affect teachers in the 698 school districts and seven 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 permit teachers employed in instructional support service positions in school districts and BOCES to accrue tenure and seniority rights in a tenure area for which they are properly certified. (The regulations do not impact teachers serving in the New York City School District.) The proposed amendment is necessary because the number of individuals serving in these types of positions has grown considerably in the past three decades and these positions have never been formally recognized as being educational in nature under section 35-g of the Civil Service Law. The effect is that teachers serving in these positions currently are not eligible to accrue tenure and seniority rights in any tenure area.
Despite the fact that instructional support service positions have grown in number and variety, these positions were never certified to the State Civil Service Commission pursuant to the provisions of 35-g of the Civil Service Law as educational in nature and therefore individuals appointed to such positions were not required to have a teaching certificate and teachers in such positions were not able to acquire tenure and/or seniority rights for the performance of such duties.
To address this issue, the Commissioner will certify to the New York State Civil Service Commission that positions providing direct instructional support to other educators for the purpose of enhancing instruction and improving student performance are part of the teaching staff of a public school. Accordingly, these positions will become part of the unclassified service, require an appropriate teaching certificate, and be subject to the Education Law in regard to appointment and tenure.
The proposed amendment authorizes a teacher who is performing instructional support services in a school district or BOCES to accrue tenure and/or seniority rights in a tenure area for which they are properly. It also permits teachers who did not provide knowing consent to an assignment outside of their previous tenure to receive retroactive credit for their prior service in an instructional support position and continue to receive credit in their previous tenure area while assigned to perform instructional support services and authorizes teachers who were appointed to an improper tenure area or a tenure area not authorized by Part 30 of the Rules of the Board of Regents to receive retroactive credit for their prior service in instructional support services in a tenure area for which they are properly certified and to continue to receive such credit while assigned to perform instructional support services.
The proposed amendment also requires that by July 1, 2009, any school district or BOCES which currently employs a certified individual who is not appointed to tenure or a probationary period and who is working in an instructional support service position make a probationary appointment for such individual in a tenure area in which they are properly certified if the district/BOCES intends to continue to employ such individual.
In addition, the proposed amendment provides for an exception to the general rule that, to accrue tenure and seniority rights in a tenure area, a teacher must devote at least 40% of his/her time working in classroom instruction in his/her tenure area. The proposed amendment authorizes teachers to accrue tenure and seniority rights for the performance of duties in instructional support services in any tenure area for which they are properly certified.
The proposed amendment also adds a new Section 80-5.21 to the Commissioner's Regulations to establish qualifications for an appointment of a teacher to a position in instructional support services. The proposed amendment requires that an individual performing instructional support services: (1) hold a valid Permanent or Professional teaching certificate and have at least three years of satisfactory teaching experience, or (2) hold a valid Initial, Provisional, Permanent or Professional certificate and hold an educational degree(s) beyond the baccalaureate level that qualifies such person to be competent and qualified to provide instructional support services.
3. COSTS:
The proposed amendment will not impose any additional costs on private regulated parties.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment establishes the qualifications for teachers employed in instructional support service positions in school districts and BOCES and authorizes these teachers to accrue tenure and seniority rights in a tenure area for which they are properly certified. Because these requirements apply to teachers, school districts and BOCES located in all areas of the State, including rural areas, it is not possible to exempt those from rural areas from the proposed amendment or impose a lesser standard. Moreover, the State Education Department has determined that uniform qualifications for appointment to these positions and accrual of tenure and seniority rights in such positions are necessary to ensure the quality of the State's teaching workforce and consistency in the application of tenure and seniority rights for such positions.
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 establish qualifications for teachers serving in instructional support service positions and to authorize teachers employed in instructional support service positions in school districts and boards of cooperative educational services to accrue tenure and seniority rights in a tenure area for which they are properly certified.
Because it is evident from the nature of this regulation 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.
