Preservation of public health and general welfare.
Specific reasons underlying the finding of necessity:
The proposed rule is necessary to implement the provisions of Subpart C of Part EE of Chapter 56 of the Laws of 2015 which establishes the registration and continuing teacher and leader education requirements for certain teachers and school leaders.
A Notice of Proposed Rule Making was published in the State Register on April 6, 2016. Since the Board of Regents meets at fixed intervals, the earliest the proposed rule can be presented for regular (non-emergency) adoption, after expiration of the required 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) would be the June Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed rule, if adopted at the June meeting, would be July 29, 2016, the date a Notice of Adoption would be published in the State Register.
Emergency action is therefore necessary for the preservation of the general welfare to timely implement the provisions of Subpart C of Part EE of Chapter 56 of the Laws of 2015, which becomes effective July 1, 2016. The new law requires, commencing with the 2016-2017 school year, any holder of a teaching certificate in the classroom teaching service, teaching assistant or educational leadership that is valid for life to register with the department every five years. The statute also requires holders of a professional certificate in the classroom teaching service or educational leadership service (i.e., school building leader, school district leader, school district business leader) and holders of a Level III teaching assistant certificate employed in a school district or board of cooperative educational services in New York State to complete certain continuing teacher and leader education requirements beginning on July 1, 2016. Emergency action was needed at the March 2016 meeting in order to provide these teachers and school leaders with sufficient notice of the new registration requirements and to ensure that there are a sufficient amount of approved sponsors by July 1, 2016 so that teachers and leaders can comply with the new continuing teacher and leader education requirements by the statute’s stated effective date.
Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 45-day public comment period for as provided for in State Administrative Procedure Act (SAPA) is the June 2016 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the June Regents meeting, is June 29, 2016, the date a Notice of Adoption would be published in the State Register. Therefore, emergency action is needed to adopt the proposed rule in order to ensure that the emergency rule adopted at the March meeting will remain in effect continuously until it can be adopted as a permanent rule.
It is anticipated that the emergency rule will be presented to the Board of Regents for adoption as a permanent rule at the June 2016 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act for proposed rulemakings.
Subject:
Registration and continuing teacher and leader education requirement.
Purpose:
To implement supbart C of part EE of chapter 56 of the Laws of 2015.
Substance of emergency rule:
The Commissioner of Education proposes to amend Subpart 80-6 and section 100.2(dd) of the Commissioner’s Regulations, relating to the registration process for any holder of a certificate in the classroom teaching service or educational leadership service that is valid for life (Permanent, Professional and Teaching Assistant Level III) and the establishment of continuing teacher and leader education (CTLE) requirements for Professional and Teaching Assistant Level III certificate holders. The proposed rule also maintain the requirement in Section 100.2(dd) of the Regulations of the Commissioner of Education for school districts and BOCES to develop a professional development plan, amending the 175 hour requirement to 100 hours to be consistent with the new law. The following is a summary of the substance of the rule.
Section 80-6.2 sets forth the registration requirements for all permanent and professional certificate holders in the classroom teaching service and Level III Teaching Assistant certificate holders, commencing with the 2016-2017 school year. This section describes when certificate holders will be required to register and re-register with the Department, as well as how to notify the Department if not practicing in an applicable school (and therefore does not need to register). This section also authorizes the Department to charge a late fee of $10 if a certificate holder fails to register.
Section 80-6.3 describes the mandatory CTLE requirements for all holders of professional certificates in the classroom teaching service, educational leadership service, and Level III Teaching Assistant certificate holders. Beginning with the 2016-17 school year, all CTLE certificate holders must complete 100 hours of acceptable CTLE, including at least 15% of such time devoted to the language acquisition needs of English language learners. If a CTLE certificate holder holds a professional certificate in English to speakers of other languages or a bilingual extension, he/she shall be required to complete 50% of CTLE in language acquisition. There are also provisions for adjustments to the CTLE requirement for documented good cause, for a peer review teacher or principal conducting a classroom observation pursuant to Education Law § 3012-d to obtain credit for time observing, and for candidates who achieve National Board Certification and exemptions from the language acquisition requirements for teachers or leaders employed by a school district with an approved exemption under Part 154 of the Commissioner’s regulations.
Section 80-6.4 of the Regulation describes how CTLE is measured for both credit-bearing courses and all other approved CTLE courses.
Section 80-6.5 provides for a conditional registration that may be issued, at the discretion of the Department, to a CTLE certificate holder who attests to noncompliance with the CTLE requirements. Such conditional registration may not exceed one year, and may be granted provided that the certificate holder agrees to remedy the deficiency within the conditional registration period as well as any additional CTLE that the Department may require.
Section 80-6.6 of the Regulation describes the process of renewing registration at the end of each registration period.
Section 80-6.7 describes the recordkeeping requirements of CTLE certificate holders. These requirements include: the title of the program, the total number of hours completed, the number of hours completed in language acquisition addressing the needs of English language learners, the sponsor’s name and identifying number, attendance verification, and the date and location of the program. This information must be retained for at least three years from the end of the registration period during which such CTLE was completed.
Section 80-6.8 states how a CTLE certificate holder resumes practice in an applicable school after a period of inactivity.
Section 80-6.9 describes the requirement that acceptable CTLE must be taken from a sponsor approved by the Department.
Section 80-6.10 relates to the sponsor approval requirements. This includes a list of the entities that may become approved sponsors, the requirements for such sponsor, fees (if applicable), and what entities must attest to when applying to become an approved sponsor. Sponsors will be approved by the Department for a period of five years, and at the expiration of such term must reapply for approval.
Lastly, section 100.2(dd) of the Commissioner’s regulations is amended to conform to require school districts/BOCES to provide teachers and school leaders with a professional certificate and Level III teaching assistants with opportunities to complete 175 hours of professional development or 100 hours of CTLE, as required under Part 80, to comply with the new law.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-14-16-00009-EP, Issue of April 6, 2016. The emergency rule will expire August 12, 2016.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law 101(not subdivided) charges the Department with the general management and supervision of the educational work of the State.
Education Law 207(not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.
Education Law 210(not subdivided) authorizes the Regents to register domestic and foreign institutions in terms of New York standards.
Education Law 212(3) authorizes the Department to charge fees for costs for certifications or permits in regulations for which fees are not otherwise provided.
Education Law 215 authorizes the Commissioner to require reports from schools under State educational supervision.
Education Law 3004(1) authorizes the Commissioner to promulgate regulations governing the certification requirements for teachers.
Education Law 3006 establishes the types of teaching certificates and licenses that the Commissioner may issue and the registration requirements for holders of a certificates in the classroom teaching service, teaching assistant, or educational leadership certificates that are valid for life as prescribed by the commissioner in regulations.
Education Law 3006-a establishes the registration and continuing teacher and leader education (CTLE) requirements for holders of professional certificates in the classroom teaching service, holders of Level III teaching assistant certificates and holders of professional certificates in the educational leadership service.
Education Law 3009 prohibits school district money from being used to pay the salary of an unqualified teacher.
2. LEGISLATIVE OBJECTIVES:
The proposed rule is necessary to implement Subpart C of Part EE of Chapter 56 of the Laws of 2015.
3. NEEDS AND BENEFITS:
Registration
Commencing with the 2016-2017 school year, any holder of a teaching certificate in the classroom teaching service, teaching assistant or educational leadership that is valid for life to register with the department every five years. These certificate holders must be registered in order to engage in the practice of his or her certificate area in New York State.
The proposed amendment provides the following registration periods:
• For teachers and school leaders with a permanent or professional certificate or a Level III Teaching Assistant certificate issued prior to July 1, 2016, they shall apply for initial registration during the 2016-2017 school year during his/her month of birth, beginning on July 1, 2016 and shall renew his/her registration in the last year of each subsequent five-year period thereafter.
• For teachers and school leaders with a permanent or professional certificate or a Level III Teaching Assistant certificate issued on or after July 1, 2016, they shall be automatically registered, and the certificate holder shall re-register during the fifth succeeding birthday month thereafter and during each birthday month in the last year of each subsequent five-year period.
Teachers and school leaders will be required to register and re-register through the TEACH system. The application will allow the certificate holder to either register or notify the Department that he/she is not practicing in New York and does not wish to register.
If a certificate holder does not register before his/her specified registration date, he/she shall not be employed in his/her certificate area and may be subject to late fees of $10 per month.
CTLE
Ed. L. 3006-a requires, commencing with the 2016-2017 school year, holders of a professional certificate in the classroom teaching service or educational leadership service and holders of a Level III Teaching Assistant certificate who are practicing in a New York public school or BOCES to complete 100 hours of CTLE during each five year registration period.
Consistent with the current professional development requirements for teachers and school leaders, which are now being repealed, the proposed amendment also requires that certificate holders complete the following CTLE requirements in language acquisition to address the needs of English language learner students:
• a CTLE certificate holder who holds a professional certificate in the certificate title of English to speakers of other languages (all grades) or a holder of a bilingual extension under section 80-4.3 of this Title, shall be required to complete a minimum of 50 percent of the required CTLE clock hours in language acquisition; and
• for all other CTLE certificate holders a minimum of 15 percent of the required CTLE clock hours shall be dedicated to language acquisition; and
• for a CTLE certificate holder who holds a Level III Teaching Assistant certificate, a minimum of 15 percent of the required CTLE clock hours shall be dedicated to language acquisition.
Based on feedback from the field, the proposed amendment provides an exemption from these requirements for teachers/school leaders in districts who possess a waiver from such requirements pursuant to Part 154 of the Commissioner’s regulations.
The statute further requires that the CTLE be rigorous and completed through a sponsor approved by the Department. The proposed amendment also requires CTLE to be aligned with the following NYS Professional Development standards created by the Professional Standards and Practices Board.
The statute also contains a provision which allows adjustments to the 100 hour CTLE requirement to be made by the Department for health reasons, military service or good cause acceptable to the Department which may prevent compliance. In addition, the statute also allows a peer review teacher, or a principal acting as an independent trained evaluator, conducting a classroom observation as part of the teacher evaluation system to credit his/her time towards meeting his/her CTLE. The proposed amendment also provides an adjustment to the CTLE requirement for a holder of a teaching certificate who achieves certification from the National Board for Professional Teaching Standards for the registration period in which such certification is achieved, provided that the candidate meets the CTLE requirements in language acquisition, if required.
A conditional registration may be issued to allow a candidate up to one year to complete the remaining CTLE hours to remain eligible to practice in a New York State public school or BOCES. When the CTLE has been completed, the CTLE certificate holder will be deemed registered for the remaining registration period. If the CTLE certificate holder continues to practice at an applicable school without his/her registration, he/she may be subject to moral character review pursuant to Part 83 of the Commissioner’s regulations. The proposed amendment also requires CTLE certificate holders to maintain a record of their completed CTLE, similar to other licensed professions.
In addition, the proposed amendment requires that if a CTLE certificate holder returns to practice in an applicable school, he/she will be required to register with the Department prior to resuming practice. If the certificate holder is in the middle of a registration period when he/she becomes inactive and is no longer practicing, he/she must complete a minimum of 20 hours of CTLE for every year that he/she was practicing in an applicable school.
Continuing Teacher and Leader Education Sponsors
Education Law § 3006-a also requires the Department to approve all CTLE sponsors. School districts or BOCES may apply as sponsors and will be required to attest that they have a professional development plan consistent with 100.2(dd) of the Commissioner’s regulations. For teacher centers, IHEs and professional organizations and unions, they will be required to submit an attestation that the CTLE they provide will meet the rigorous CTLE requirements in the regulations in order to be approved. None of these entities will be required to pay a fee. All other entities will be required to apply to the Department on an application form prescribed by the Department, with a $600 fee and they will have to demonstrate how they meet each of the CTLE requirements outlined in the regulation and they will be subject to the Department’s approval. Each sponsor will be approved for a five year period and will then be required to submit a renewal application.
Professional Development Plans
The proposed amendment also retains the requirement in 100.2(dd) of the regulations for school districts and BOCES to develop a professional development plan, but amends the requirements to require such plan to only include 100 hours instead of the currently required 175 hours to be consistent with the new law.
4. COSTS:
a. Costs to State government: The rule implements Subpart C of Part EE of Chapter 56 of the Laws of 2015 and does not impose any costs on State government, including the State Education Department, beyond those costs imposed by the statute.
b. Costs to local government: The new rule does not impose any costs on local government, including school districts and BOCES, beyond those costs imposed by the Statute.
Sponsors:
The proposed amendment requires providers of continuing teacher and leader education to be approved by the Department. There is a $600 fee for entities seeking approval by the Department, however, this fee is waived for all school districts, BOCES, teacher centers, NYS institutions of higher education, professional organizations and unions.
c. Costs to private regulated parties: None, unless a certificate holder chooses to obtain CTLE through an approved provider that charges a fee for CTLE courses. Also, if a certificate holder does not register before his/her specified registration date, he/she shall not be employed in his/her certificate area and may be subject to late fees of $10 per month.
d. Costs to regulating agency for implementation and continued administration: See above.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government, except as otherwise provided or in the Paperwork section in section 6.
6. PAPERWORK:
Certificate holders must register and re-register every five years through the online TEACH system. Registration for those newly certified will be automatic upon certification. Reporting requirements for completed CTLE by certificate holders for school districts and BOCES must be also be completed through the online TEACH system.
The proposed amendment also requires that school districts and BOCES (as well as all other approved sponsors) report information to the Department on CTLE hours completed by attendees including the program and the number of hours completed, through the online TEACH system.
It also requires CTLE certificate holders to maintain a record of completed CTLE, including: the title of the program, the total number of hours completed, the number of hours completed in language acquisition addressing the needs of English language learners, the sponsor’s name and any identifying number, attendance verification, and the date and location of the program for at least three years from the end of the registration period in which the CTLE was completed.
7. DUPLICATION:
The rule does not duplicate existing State or Federal requirements.
8. ALTERNATIVES:
There are no alternatives to the registration and CTLE requirements imposed by the new law, and the law applies equally to all permanent, professional, and teaching assistant Level III certificate holders practicing in New York State. However, the statute includes provisions for a conditional registration and adjustments to CTLE requirements for those who are unable to fulfill their CTLE requirements during the five-year registration period for certain enumerated reasons.
9. FEDERAL STANDARDS:
There are no applicable Federal standards concerning registration and CTLE requirements for certificate holders.
10. COMPLIANCE SCHEDULE:
Education Law § 3006 requires holders of a teaching certificate in the classroom teaching service, teaching assist or educational leadership certificate that is valid for life to register every five years commencing with the 2016-2017 school year. Education Law § 3006-a requires that commencing with the 2016-2017 school year, each holder of a professional certificate in the classroom teaching service, holder of a level III teaching assistant to comply with the CTLE requirements enumerated in the statute.
Regulatory Flexibility Analysis
(a) Small businesses:
The proposed rule implements, and otherwise conforms the Commissioner’s regulations to Subpart C of Part EE of Chapter 56 of the Laws of 2015 relating to the registration process for all Permanent, Professional and Teaching Assistant Level III certificate holders and the establishment of continuing teacher and leader education (CTLE) requirements for Professional and Teaching Assistant Level III certificate holders. The proposed rule also retains the requirement in Section 100.2(dd) of the Regulations of the Commissioner of Education for school districts and BOCES to develop a professional development plan, amending the 175 hour requirement to 100 hours to be consistent with the new law. The rule does not impose any new reporting, recordkeeping or other compliance requirements, and will not have an adverse economic impact, on small business. Because it is evident from the nature of the rule that it does not affect small businesses, no further steps were needed to ascertain that fact and one were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
(b) Local governments:
1. EFFECT OF RULE:
Commencing with the 2016-2017 school year, any holder of a teaching certificate in the classroom teaching service, teaching assistant or educational leadership that is valid for life to register with the department every five years and holders of a professional certificate in the classroom teaching service or educational leadership service (i.e., school building leader, school district leader, school district business leader) and holders of a Level III Teaching Assistant certificate who are practicing in a New York public school or board of cooperative educational services (BOCES) shall be required to complete 100 hours of Continuing Teacher and Leader Education (CTLE) during each five year registration period. School districts and BOCES will also be required to apply to the Department if they would like to become an approved sponor to offer CTLE. The proposed rule also retains the requirement in Section 100.2(dd) of the Regulations of the Commissioner of Education for school districts and BOCES to develop a professional development plan, amending the 175 hour requirement to 100 hours to be consistent with the new law.
2. COMPLIANCE REQUIREMENTS:
See Needs and Benefits and Paperwork sections of the Regulatory Impact Statement submitted herewith for an analysis of the compliance requirements for holders of Permanent, Professional, and Teaching Assistant Level III certificates and Department approved sponsors, including school districts and BOCES.
3. PROFESSIONAL SERVICES:
The proposed rule does not impose any additional professional services requirements on local governments beyond those imposed by the statute.
4. COMPLIANCE COSTS:
There are no additional costs on local governments beyond those imposed by the statute. Moreover, school districts and BOCES will not be required to pay a fee to become an approved sponsor under the proposed amendment.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The rule does not impose any additional technological requirements on holders of Permanent, Professional, and Teaching Assistant Level III certificates, school districts or BOCES. Economic feasibility is addressed in the Costs section of the Regulatory Impact Statement submitted herewith. Registration will be completed through the online TEACH system, which has been used by certificate holders for certification and employment purposes.
6. MINIMIZING ADVERSE IMPACT:
The rule is necessary to implement, and otherwise conform the Commissioner’s Regulations to, Subpart C of Part EE of Chapter 56 of the Laws of 2015 which requires a registration process for all Permanent, Professional and Teaching Assistant Level III certificate holders and the establishment of continuing teacher and leader education (CTLE) requirements for Professional and Teaching Assistant Level III certificate holders. Since these provisions of the Education Law apply equally to all school districts and BOCES throughout the State, it was not possible to establish different compliance and reporting requirements. However, the Department provided flexibility to local governments in that it waived the fee to become an approved CTLE sponsor for school districts and BOCES.
7. LOCAL GOVERNMENT PARTICIPATION:
The Department sought guidance from several stakeholder groups, including the New York State United Teachers, the United Federation of Teachers, NYS School Board Association, NYS Council of School Superintendents, and district superintendents, which are representatives of local governments or employees of local governments.
8. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement State statute. Accordingly, there is no need for a shorter review period.
The Department invites public comment on the proposed five year review period for this rule.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
Commencing with the 2016-2017 school year, any holder of a teaching certificate in the classroom teaching service, teaching assistant or educational leadership that is valid for life to register with the department every five years and holders of a professional certificate in the classroom teaching service or educational leadership service (i.e., school building leader, school district leader, school district business leader) and holders of a Level III Teaching Assistant certificate who are practicing in a New York public school or board of cooperative educational services (BOCES) shall be required to complete 100 hours of Continuing Teacher and Leader Education (CTLE) during each five year registration period, including those certificate holders who live or work in 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:
See the Needs and Benefits and Paperwork sections of the Regulatory Impact Statement submitted herewith for the reporting, recordkeeping, and other compliance requirements for certificate holders and Department approved sponsors, including those located in rural areas of the State. The rule does not impose any additional professional services requirements on rural areas beyond those imposed by, or inherent in, the statute.
3. COSTS:
See the Costs section of the Regulatory Impact Statement submitted herewith for an analysis of the costs of the proposed rule, including for certificate holders and sponsors located in rural areas of this State.
4. MINIMIZING ADVERSE IMPACT:
The rule is necessary to implement, and otherwise conform the Commissioner’s Regulations to, Subpart C of Part EE of Chapter 56 of the Laws of 2015 relating to the registration process for all Permanent, Professional and Teaching Assistant Level III certificate holders and the establishment of CTLE requirements for Professional and Teaching Assistant Level III certificate holders. The statute does not establish differing compliance or reporting requirements for certificate holders in rural areas.
However, where the Department had some flexibility, it provided a waiver from the requirements from the CTLE requirements related to language acquisition for teachers, leaders and teaching assistants employed by a district or BOCES with an approved Part 154 waiver.
5. RURAL AREA PARTICIPATION:
The Department sought guidance on the proposed amendment from several stakeholder groups, including the New York State United Teachers, the United Federation of Teachers, the NYS School Board Association, the NYS Council of School Superintendents, and district superintendents, who have representatives who live and/or work in rural areas of this State. Many of the comments from these stakeholder groups have been incorporated into the proposed amendment.
Job Impact Statement
The purpose of proposed rule is to implement Subpart C of Part EE of Chapter 56 of the Laws of 2015 relating to the registration process for all Permanent, Professional and Teaching Assistant Level III certificate holders and the establishment of continuing teacher and leader education (CTLE) requirements for Professional and Teaching Assistant Level III certificate holders. The proposed rule also retains the requirement in Section 100.2(dd) of the Regulations of the Commissioner of Education for school districts and BOCES to develop a professional development plan, amending the 175 hour requirement to 100 hours to be consistent with the new law. Because the proposed amendment implements statutory requirements and it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State beyond those imposed by statute, 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 April 6, 2016, the State Education Department (SED) received the following comments:
1. COMMENT:
Several commenters request that the Department does not implement late fees for certificate holders that do not register during the 2016-2017 school year.
DEPARTMENT RESPONSE:
SED agrees. The Department will not impose any late fees on certificate holders that fail to register during the 2016-2017 school year.
2. COMMENT:
Several commenters suggested that there should be an appeals process in the future for certificate holders who miss their registration deadline, in order to appeal the $10 late fee.
DEPARTMENT RESPONSE:
Section 80-6.2(f) provides that failure to register may subject a certificate holder to a late fee of $10 per month. Given the fact that the late fee is discretionary, if an applicant disagrees with the Department’s determination that a late fee shall be imposed (e.g., because the licensee was in inactive status), the licensee shall have an opportunity to be heard in a time and manner prescribed by the Department.
3. COMMENT:
Several commenters suggested that NYSED require all certificate holders who are required to initially register this year to register on July 1, 2016 rather than during their birthday month during the 2016-2017 school year. Commenters noted that using the birthday month would be hard for districts and BOCES to track, and suggested that all professional and Level III certificate holders begin registration on July 1, 2016 rather than their birthday month.
DEPARTMENT RESPONSE:
Education Law § 3006(3), as added by Chapter 56 of the Laws of 2015, allows the Department to stagger initial registrations so that registrations are distributed as equally as possible throughout the year, which the Department believes is necessary in order to avoid an overload in the online TEACH system. The Department chose the birthday month of the certificate holder in an effort to make it easier for candidates to remember when they must register and to distribute initial registrations throughout each month of the year. The Department has also tried to make it easier for first time certificate holders to register by making initial registration automatic on the date of issuance of their certificate.
4. COMMENT:
Several commenters suggested that current NYSED approved CTLE providers (school districts, BOCES, teacher centers, NYS colleges, NYSUT and other professional organizations) should not have to register every five years. They noted that if a school or BOCES is merged, joined, etc., NYSED will know about it and can adjust the NYSED records.
DEPARTMENT RESPONSE:
Education Law 3006-a requires that CTLE programs be taken from sponsors approved by the Department, including but not limited to school districts. It also requires that CTLE activities promote the professionalism of teaching and be closely aligned to district goals for student performance which meet the standards prescribed by the Commissioner. These regulations were carefully drafted to ensure that CTLE activities meet the requirements of the statute while also making it as simple as possible for school districts, BOCES, teacher centers and professional organizations to become approved sponsors and to be renewed as approved sponsors. For instance, the Department has streamlined the application process to become an approved sponsor and to renew their application and these entities are not required to pay a fee for initial approval or renewal of their registration and the five-year requirement for re-registration is consistent with the current requirements for professional development plans as required under 100.2(dd) of the Commissioner’s Regulations.
5. COMMENT:
Several commenters suggested that professional development hours completed during the current five-year cycle (before July 1, 2016) be counted towards fulfilling CTLE requirements for certificate holders once the new CTLE requirement begins.
DEPARTMENT RESPONSE:
The law requires that CTLE be completed during the five-year registration period beginning on or after July 1, 2016. Therefore, professional development completed before this date cannot be carried over. In addition, the statute requires that “to fulfill the CTLE requirement, programs must be taken from sponsors approved by the Department…” Because professional development hours completed prior to July 1, 2016 may not have been taken from a sponsor approved by the Department under the new statute, these hours cannot be counted toward the certificate holders’ five-year registration period under the new law which requires CTLE programs to be taken from sponsors approved by the Department.
6. COMMENT:
Several commenters disagree that those certificate holders who fail to notify the department of a name or address change within 30 days be subject to moral character review, because it is threatening and difficult to enforce.
DEPARTMENT RESPONSE:
Education Law § 3006(3)(d) provides that a willful failure to register or to provide notice of an address change within 180 days of such change may constitute grounds for moral character review. Since this is a statutory provision, no change is warranted.
7. COMMENT:
Several commenters suggested that CTLE recordkeeping remain as currently for school districts and BOCES, including submission of professional development plans. The concern is that the forms and terms used as part of the professional development plans are negotiated with the unions and it will be hard to revise to include requirements for English language learners, program titles, locations, and to add additional columns.
DEPARTMENT RESPONSE:
The Department has retained the requirement for professional development plans in 100.2(dd) of the Commissioner’s Regulations for school districts and BOCES to develop a professional development plan, but amended the requirements to require such plans to only include 100 hours instead of the currently required 175 hours to be consistent with the CTLE requirements in Education Law § 3006-a. However, the Department encourages school districts and BOCES to provide additional CTLE to their teachers and school leaders to ensure that they remain current with their profession and meet the learning needs of their students.
8. COMMENT:
Several commenters support the change from 175 hours to 100 hours for both teachers and educational leaders, but do not support this same increase for teaching assistants because they are generally not teachers of record and in most cases act as classroom aides, and do not currently attend and/or participate in more thorough trainings that are offered to teachers and leaders.
DEPARTMENT RESPONSE:
Education Law § 3006-a(2)(a) requires holders of Level III teaching assistant certificates to complete 100 hours of CTLE. Since this is a statutory requirement, no regulatory change is warranted.
