EDU-15-08-00009-RP Requirements for Course Work or Training in the Needs of Students with Autism and Autism Spectrum Disorders  

  • 6/25/08 N.Y. St. Reg. EDU-15-08-00009-RP
    NEW YORK STATE REGISTER
    VOLUME XXX, ISSUE 26
    June 25, 2008
    RULE MAKING ACTIVITIES
    EDUCATION DEPARTMENT
    REVISED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. EDU-15-08-00009-RP
    Requirements for Course Work or Training in the Needs of Students with Autism and Autism Spectrum Disorders
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:
    Revised action:
    Amendment of sections 52.21 and 80-3.7, addition of Subpart 57-3 and section 80-1.12 to Title 8 NYCRR.
    Statutory authority:
    Education Law, sections 207 (not subdivided), 208 (not subdivided), 212(3), 215 (not subdivided), 305(1) and (2), 3004(1), (4) and (5) and 3007 (not subdivided)
    Subject:
    Requirements for course work or training in the needs of students with autism.
    Purpose:
    To require teachers seeking certification in special education to have course work or training in the needs of students with autism and establish standards for Education Department approval of providers of course work or training in autism.
    Text of revised rule:
    1. Subclause (1) of clause (b) of subparagraph (vi) of paragraph (3) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective October 9, 2008, as follows:
    (1) study in the following:
    (i) …
    (ii) …
    (iii) …
    (iv) …
    (v) …
    (vi) …
    (vii) use of assistive and instructional technology in the teaching of and learning by students with disabilities; [and]
    (viii) …
    (ix) understanding the needs of students with autism, including, but not limited to, the etiology, prevalence, characteristics, and evidence-based instructional methodology for teaching students with autism, instructional design and supports to promote communication and socialization skills and skill generalization and maintenance; positive behavioral supports, functional behavioral assessments and behavioral intervention plans; collaboration between the home, class, school and community to ensure that students are supported in the general education environment; and knowledge of resources such as early childhood supports, respite care, state agencies, transition services and vocational rehabilitation services and parent support networks and associations that are available to support students and families; and
    2. Subpart 57-3 of the Regulations of the Commissioner of Education is added, effective October 9, 2008, as follows:
    SUBPART 57-3
    Training in Autism
    57-3.1 Purpose.
    The purpose of this Subpart is to set forth standards for approval and the approval process for providers of course work or training in the needs of students with autism that is offered to candidates for a teachers' certificate or license in any of the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing; and blind and visually impaired and for school administrators, to the extent required by section 3004 of the Education Law.
    57-3.2 Definitions.
    As used in this Subpart:
    (a) course work or training means course work or training in the needs of students with autism.
    (b) provider means any teachers' or professional organization or association, school district, board of cooperative educational services, nonpublic school, institution of higher education, hospital, health care facility, government agency or office, social service agency, or any other organization that has as its purpose the provision of course work or training in the needs of students with autism, and that is approved by the department to offer such course work or training pursuant to section 3004 of the Education Law.
    57-3.3 Filing of application for approval as a provider.
    (a) A person or organization seeking approval as a provider shall submit to the department, an application on forms prescribed by the commissioner, with a fee of $600.
    (b) To be approved, each applicant shall submit evidence acceptable to the department that the applicant:
    (1) has and will maintain adequate resources to offer the course work or training;
    (2) has and will ensure that faculty and educational specialists who will offer the course work or training have demonstrated by training, earned degrees or experience, their competence to offer the course work or training. The faculty or educational specialists who offer such course work or training must hold at least a master's degree; and have specialized training in autism or shall have demonstrated, in other widely recognized ways, their specialized knowledge in the area of autism, as determined by the department;
    (3) certifies in writing that the course work or training will be conducted through use of a curriculum which, at a minimum, includes the syllabus prepared by the department; and
    (4) certifies, in writing, that certification of completion forms obtained from the department will be issued to students upon completion of the course work or training for their use in documenting satisfaction of the requirement of course work or training in autism, as required under section 3004 of the Education Law.
    57-3.4 Term of approval as a provider.
    (a) Providers shall be approved for a period of six years, except that the approved status of such providers may be terminated during this term by the department in accordance with section 57-3.6 of this Subpart.
    (b) At the expiration of said term, the provider may reapply to the department for approval following the requirements of section 57-3.3 of this Subpart, including payment of the required fee.
    57-3.5 Responsibility of providers.
    (a) Pursuant to the requirements of section 3004 of the Education Law, a provider, at a minimum, shall offer the syllabus prepared by the department. However, nothing in this section shall preclude providers from offering additional course work or training which exceeds, or expands upon, the three hour syllabus prescribed by the department.
    (b) An approved provider of such course work or training shall execute a certification of completion of each person completing course work or training, and within 21 calendar days of the completion of course work or training, the provider shall submit the certification of completion to the person completing the course work or training for that person's use in documenting such completion.
    (c) The provider shall retain a copy of the certification of completion in the provider's files for not less than six years from the date of completion of course work or training.
    (d) In the event that an approved provider discontinues offering course work or training, all copies of certifications of completion issued within the six years prior to such discontinuance shall be transferred to the department.
    (e) Course work or training shall be taught by instructors who have demonstrated by training, education and experience their competence to teach the course content prescribed in subdivision (a) of this section.
    57-3.6 Review of providers by the department.
    (a) The department may review approved providers during the term of approval to ensure compliance with the requirements of this Subpart and may request information from a provider and may conduct site visits, pursuant to such review.
    (b) A determination by the department that the services offered by a provider are inadequate, incomplete or otherwise unsatisfactory pursuant to the standards set forth in this Subpart shall result in the denial or termination of the approved status of the provider.
    57-3.7 Exemption.
    An institution that offers a registered program leading to certification in any of the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing; and blind and visually impaired, pursuant to section 52.21 of this Title, shall be deemed approved, pursuant to this Subpart, for purposes of offering course work or training in autism within such program to students in the program.
    3. A new Section 80-1.12 of the Regulations of the Commissioner of Education is added, effective October 9, 2008, as follows:
    Section 80-1.12 Required study in the needs of students with autism for certificates in certain classroom teaching titles.
    All candidates for a certificate or license valid for a certificate in the classroom teaching titles of students with disabilities in early childhood, childhood, middle childhood or adolescence; deaf and hard of hearing; blind and visually impaired and speech and language disabilities, who apply for a certificate or license on or after September 2, 2009, shall have completed at least three clock hours of course work or training in autism, as required by section 3004 of the Education Law, which is provided by a registered program leading to certification pursuant to section 52.21 of this Title or other approved provider pursuant to Subpart 57-3 of this Title.
    4. Paragraph 3 of subdivision (a) of Section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective October 9, 2008, as follows:
    (3) Additional requirements. A candidate seeking to fulfill the education requirement for the initial certificate through individual evaluation of education requirements shall meet the additional requirements in this paragraph or their substantial equivalent as determined by the commissioner, if so prescribed for that certificate title, in addition to the general requirements prescribed in paragraph (2) of this subdivision.
    (i) …
    (ii) …
    (iii) …
    (iv) …
    (v) Students with disabilities (birth-grade 2).
    (a) …
    (b) …
    (c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.
    (vi) Students with disabilities (grades 1–6).
    (a) …
    (b) …
    (c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.
    (vii) Students with disabilities (grades 5–9).
    (a) …
    (b) …
    (c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.
    (viii) Students with disabilities (grades 7–12).
    (a) …
    (b) …
    (c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.
    (ix) Deaf and hard of hearing (all grades).
    (a) …
    (b) …
    (c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.
    (x) Blind or visually impaired (all grades).
    (a) …
    (b) …
    (c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.
    (xi) Speech and language disabilities (all grades).
    (a) …
    (b) …
    (c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.
    (xii) …
    Revised rule compared with proposed rule:
    Substantial revisions were made in Subpart 57-3 and sections 52.21(b)(3)(vi) (b)(1)(ix), 80-1.12, 80-3.7.
    Text of revised proposed rule and any required statements and analyses may be obtained from:
    Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail: legal@mail.nysed.gov
    Data, views or arguments may be submitted to:
    Johanna Duncan-Poitier, Senior Deputy Commissioner of Education - P16, Education Department, 2M West Wing, Education Bldg., 89 Washington Ave., Albany, NY 12234, (518) 474-3862, e-mail: p16education@mail.nysed.gov
    Public comment will be received until:
    30 days after publication of this notice.
    Revised Regulatory Impact Statement
    Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on April 9, 2008, the following substantial revisions were made to the proposed rule:
    1. STATUTORY AUTHORITY:
    Sections 52.21(b)(3)(vi)(b)(1), Subpart 57-3, 80-1.12 and 80-3.7(a)(3) were revised to delete the phrase autism in order to be consistent with Chapter 143 of the Laws of 2006.
    Section 52.21(b)(3)(vi)(b)(1) of the Regulations of the Commissioner of Education was revised to provide clarification as to what a registered teacher preparation program must include in its study on autism.
    Section 57-3.5 and 80-1.12 of the Regulations of the Commissioner of Education were revised, in response to public comment, to increase the amount of required course work or training in the needs of children with autism from two hours to three hours.
    The above revisions to the proposed rule require that the Legislative Objectives, Needs and Benefits, Costs and Local Government Mandates sections of the previously published Regulatory Impact Statement be revised to read as follows:
    2. LEGISLATIVE OBJECTIVES:
    The proposed amendment is necessary to implement Education Law Section 3004(4), (5), as added by Chapter 143 of the Laws of 2006, by requiring teachers seeking certification in certain special education titles to have course work or training in the needs of students with autism and establishing standards for Education Department approval of providers of such course work or training.
    3. NEEDS AND BENEFITS:
    The proposed amendment is necessary to implement Education Law section 3004(4) and (5), by requiring teachers seeking certification in certain special education classroom teaching titles to have course work or training in the needs of students with autism and establishing standards for Education Department approval of providers of such course work or training.
    4. COSTS:
    (a) Costs to State government: The amendment will not impose any significant additional costs on State government including the State Education Department. The amendment will minimally affect the State Education Department s staffing and resources in reviewing and processing applications for certificates under individual transcript evaluation and in reviewing and processing applications for providers and monitoring approved providers.
    (b) Costs to local governments: School districts and BOCES seeking status as an approved provider will be required to submit an application fee of $600 to the Department. If granted, the provider receives approval for a six-year period, at the expiration of which, the provider must reapply. Proposed section 57-3.7 provides for an exemption to an institution that offers a registered program leading to certification in the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing and blind and visually impaired, pursuant to 8 NYCRR section 52.21, in which case the institution shall be deemed approved by the Department, for purposes of offering course work or training within such program to students in the program.
    (c) Cost to private regulated parties: The proposed amendment will impose a cost of $600 on private regulated parties that select to apply to become an approved provider of the required course work or training. Proposed section 57-3.7 provides for an exemption to an institution that offers a registered program leading to certification in the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing and blind and visually impaired, pursuant to 8 NYCRR section 52.21, in which case the institution shall be deemed approved by the Department, for purposes of offering course work or training within such program to students in the program.
    For candidates seeking certification as a teacher in special education through individual evaluation pursuant to Section 80-3.7 of the Regulations of the Commissioner of Education, there is no additional cost to the applicant to apply for certification, but the candidate may need to pay a fee to take the three-hour course. This fee is estimated to be $100.
    (d) Costs to regulating agency for implementing and continued administration of the rule: As stated above in “Costs to State Government,” the amendment will impose minimal additional costs on the State Education Department.
    5. LOCAL GOVERNMENT MANDATES:
    School districts and BOCES seeking status as an approved provider must submit an application and a $600 fee to the Department and will be required to:
    (1) offer at least three clock hours of course work or training in understanding the needs of students with autism, including, but not limited to, the etiology, prevalence, characteristics, and evidence-based instructional methodology for teaching students with autism, instructional design and supports to promote communication and socialization skills and skill generalization and maintenance; positive behavioral supports, functional behavioral assessments and behavioral intervention plans; collaboration between the home, class, school and community to ensure that students are supported in the general education environment; and knowledge of resources such as early childhood supports, respite care, state agencies, transition services and vocational rehabilitation services and parent support networks and associations that are available to support students and families; and
    (2) execute a certification of completion for each person completing course work or training and, within 21 calendar days of the completion of course work or training, submit the certification of completion to the person completing the course work or training for that person s use in documenting such completion; retain a copy of the certification of completion in the provider s files for not less than six years from the date of completion of course work or training; and in the event that a provider discontinues offering course work or training, all copies of certifications of completion issued within the six years prior to such discontinuance shall be transferred to the Department; and
    (3) ensure that course work or training shall be taught by instructors who have demonstrated by training, education, and experience their competence to teach the course content.
    The Department may approve a provider for a six year period. Upon expiration of the period, the provider may reapply to the Department for approval by submitting a new application and fee.
    Proposed section 57-3.7 provides for an exemption to an institution that offers a registered program leading to certification in the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing and blind and visually impaired, pursuant to 8 NYCRR section 52.21, in which case the institution shall be deemed approved by the Department, for purposes of offering course work or training within such program to students in the program.
    Regulatory Flexibility Analysis
    Since publication of a Proposed Rule Making in the State Register on April 9, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
    The above revisions to the proposed rule require that the Reporting, Recordkeeping and other Compliance Requirements and Professional Services, Costs and the Minimizing Adverse Impact sections of the previously published Rural Area Flexibility Analysis be revised to read as follows:
    2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
    School districts and BOCES seeking status as an approved provider must submit an application and a $600 fee to the Department and will be required to:
    (1) offer at least three clock hours of course work or training in understanding the needs of students with autism, including, but not limited to, the etiology, prevalence, characteristics, and evidence-based instructional methodology for teaching students with autism, instructional design and supports to promote communication and socialization skills and skill generalization and maintenance; positive behavioral supports, functional behavioral assessments and behavioral intervention plans; collaboration between the home, class, school and community to ensure that students are supported in the general education environment; and knowledge of resources such as early childhood supports, respite care, state agencies, transition services and vocational rehabilitation services and parent support networks and associations that are available to support students and families; and
    (2) execute a certification of completion for each person completing course work or training and, within 21 calendar days of the completion of course work or training, submit the certification of completion to the person completing the course work or training for that person s use in documenting such completion; retain a copy of the certification of completion in the provider s files for not less than six years from the date of completion of course work or training; and in the event that a provider discontinues offering course work or training, all copies of certifications of completion issued within the six years prior to such discontinuance shall be transferred to the Department; and
    (3) ensure that course work or training shall be taught by instructors who have demonstrated by training, education, and experience their competence to teach the course content.
    The Department may approve a provider for a six year period. Upon expiration of the period, the provider may reapply to the Department for approval by submitting a new application and fee.
    Proposed section 57-3.7 provides for an exemption to an institution that offers a registered program leading to certification in the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing and blind and visually impaired, pursuant to 8 NYCRR section 52.21, in which case the institution shall be deemed approved by the Department, for purposes of offering course work or training within such program to students in the program.
    An approved provider shall execute a certification of completion for each person completing course work or training, and within 21 calendar days of completion of the course work or training, the provider shall submit the certification of completion to the person completing the course work or training. The provider shall retain a copy of the certification of completion in the provider s files for not less than 6 years from the date of completion. In the event the provider discontinues offering course work or training, all copies of certifications of completion issued within the 6 years prior to the discontinuance shall be transferred to the Department.
    4. COMPLIANCE COSTS:
    The proposed amendment will not impose costs on private regulated parties, unless they choose to become an approved provider of the course work or training in autism spectrum disorders. The cost for application to become an approved provider is $600. If granted, approval would be for a period of six years. At the expiration of this period, reapplication would include submission of a $600 fee to the Commissioner. Some approved providers may be able to charge fees to individuals taking the course, thereby recovering their costs. Also, section 57-3.7 of the proposed amendment provides an exemption to an institution that offers a registered program leading to certification in certain classroom teaching titles, pursuant to 8 NYCRR 52.21, in which the institution shall be deemed approved by the Department for purposes of offering such course work or training within such program to students in the program.
    For a candidate seeking certification in a special education title through individual evaluation pursuant to Section 80-3.7 of the Regulations of the Commissioner of Education, there is no additional cost to the applicant to apply for certification, but the candidate may need to pay a fee to take the three-hour training. This cost is estimated to be $100.
    6. MINIMIZING ADVERSE IMPACT:
    Only those small businesses that seek status as an approved provider must submit an application fee of $600 to the State Education Department and meet the requirements of the proposed Subpart 57-3. Organizations approved to offer course work are not prevented by the proposed amendment from charging fees to students taking the course work or training. Because the costs imposed by this rule are minimal and may be defrayed by the fees charged to students, the proposed amendment is not expected to have any adverse economic impact on small businesses. It would be contrary to the public welfare to exempt small businesses from the requirements of the proposed amendment, or impose a lesser standard, because such requirements are designed to assure that approved providers offer adequate training in the needs of students with autism.
    With respect to local governments, only those school districts and BOCES that seek status as an approved provider, would be required to pay the $600 application fee and meet the requirements of 57-3.3. It would be contrary to the public welfare to exempt such local governments from the requirements of the proposed amendment, or impose a lesser standard, because such requirements are designed to assure that approved providers offer adequate training in the needs of students with autism.
    Revised Rural Area Flexibility Analysis
    Since publication of a Proposed Rule Making in the State Register on April 9, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
    The above revisions to the proposed rule require that the “Reporting, Recordkeeping and other Compliance Requirements and Professional Services”, “Costs” and the “Minimizing Adverse Impact” sections of the previously published Rural Area Flexibility Analysis be revised to read as follows:
    2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
    School districts and BOCES seeking status as an approved provider must submit an application and a $600 fee to the Department and will be required to:
    (1) offer at least three clock hours of course work or training in understanding the needs of students with autism, including, but not limited to, the etiology, prevalence, characteristics, and evidence-based instructional methodology for teaching students with autism, instructional design and supports to promote communication and socialization skills and skill generalization and maintenance; positive behavioral supports, functional behavioral assessments and behavioral intervention plans; collaboration between the home, class, school and community to ensure that students are supported in the general education environment; and knowledge of resources such as early childhood supports, respite care, state agencies, transition services and vocational rehabilitation services and parent support networks and associations that are available to support students and families; and
    (2) execute a certification of completion for each person completing course work or training and, within 21 calendar days of the completion of course work or training, submit the certification of completion to the person completing the course work or training for that person's use in documenting such completion; retain a copy of the certification of completion in the provider's files for not less than six years from the date of completion of course work or training; and in the event that a provider discontinues offering course work or training, all copies of certifications of completion issued within the six years prior to such discontinuance shall be transferred to the Department; and
    (3) ensure that course work or training shall be taught by instructors who have demonstrated by training, education, and experience their competence to teach the course content.
    The Department may approve a provider for a six year period. Upon expiration of the period, the provider may reapply to the Department for approval by submitting a new application and fee.
    Proposed section 57-3.7 provides for an exemption to an institution that offers a registered program leading to certification in the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing and blind and visually impaired, pursuant to 8 NYCRR section 52.21, in which case the institution shall be deemed approved by the Department, for purposes of offering course work or training within such program to students in the program.
    An approved provider shall execute a certification of completion for each person completing course work or training, and within 21 calendar days of completion of the course work or training, the provider shall submit the certification of completion to the person completing the course work or training. The provider shall retain a copy of the certification of completion in the provider's files for not less than 6 years from the date of completion. In the event the provider discontinues offering course work or training, all copies of certifications of completion issued within the 6 years prior to the discontinuance shall be transferred to the Department.
    3. COSTS:
    The proposed amendment will not impose costs on private regulated parties, unless they choose to become an approved provider of the course work or training in autism spectrum disorders. The cost for application to become an approved provider is $600. If granted, approval would be for a period of six years. At the expiration of this period, reapplication would include submission of a $600 fee to the Commissioner. Some approved providers may be able to charge fees to individuals taking the course, thereby recovering their costs. Also, section 57-3.7 of the proposed amendment provides an exemption to an institution that offers a registered program leading to certification in certain classroom teaching titles, pursuant to 8 NYCRR 52.21, in which the institution shall be deemed approved by the Department for purposes of offering such course work or training within such program to students in the program.
    For candidates seeking certification as a teacher in special education through individual evaluation pursuant to Section 80-3.7 of the Regulations of the Commissioner of Education, there is no additional cost to the applicant to apply for certification, but the candidate may need to pay a fee to take the three-hour training or course in the needs of students with autism spectrum disorders. This cost is estimated to be $100.
    4. MINIMIZING ADVERSE IMPACT:
    Only those school districts, BOCES and other entities that seek status as an approved provider must submit an application fee of $600 to the State Education Department and meet the requirements of proposed section 57-3.3. Because the costs imposed by this proposed amendment are minimal and may be defrayed by the fees charged to students, the proposed amendment is not expected to have any adverse economic impact on rural areas. It would be contrary to the public welfare to exempt rural areas from the requirements of the proposed amendment, or impose a lesser standard, because such requirements are designed to assure that approved providers offer adequate course work or training in the needs of students with autism. A uniform standard ensures the quality of certified special education and school administrators working in special education in all parts of the State.
    Job Impact Statement
    Since publication of the Notice of Proposed Rule Making in the State Register on April 9, 2008, the proposed regulation was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
    In order to implement the requirements of Education Law 3004(4) and (5), as added by Chapter 143 of the Laws of 2006, the purpose of the proposed amendment is to require teachers seeking certification in special education to have course work or training in the needs of students with autism. The proposed amendment also establishes standards for Education Department approval of providers of course work or training in autism.
    The revised regulation will not have a substantial adverse impact on job or employment opportunities. Because it is evident from the nature of this regulation that it will have only a positive impact or 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
    A Notice of Proposed Rule Making was published in the State Register on April 9, 2008. Below is a summary of written comments received by the State Education Department (SED) on the proposed amendment.
    1. COMMENT: Teachers with existing certification should be required to obtain the same training in the needs of students with autism. Two hours of training can not make a teacher an expert. We must do a better job of ensuring that all students have the opportunity to become productive citizens.
    DEPARTMENT RESPONSE: Chapter 143 of the Laws of 2006 does not require currently certified teachers to receive training in the needs of children with autism. However, the Department believes that existing special education teachers will be encouraged to receive this training once approved providers are available. The Department agrees that we must do a better job of ensuring that all students have the opportunity to become productive citizens.
    2. COMMENT: There are too many topics to be covered in a two hour workshop.
    RESPONSE: The syllabus for the required course work or training through approved providers has not yet been developed by SED. The topics identified in the proposed amendment are for registered teacher education programs, not for the required course work or training. Moreover, in response to public comment, SED has extended the length of the required course work or training from two hours to three hours.
    3. COMMENT: Institutions with registered programs leading to certification in any disability area do not all have faculty prepared to provide autism specific training and therefore such institutions should not be exempted from applying to be an approved provider.
    DEPARTMENT RESPONSE: Current regulations require that institutions that prepare special education teachers have faculty with the knowledge and skills to prepare special education teachers to meet the needs of the full range of students with disabilities, including students with autism.

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