7/15/09 N.Y. St. Reg. EDU-14-09-00006-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 80-1.2, 80-1.6, 80-1.8 and 80-5.9 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 210, 212, 305, 3001, 3003, 3004, 3006, 3007, 3009 and 3604
Subject:
Requirements for and processing of teaching certificates.
Purpose:
Streamline certain aspects of certificate evaluation and processing, in light of the reduction in available resources.
Text or summary was published
in the April 8, 2009 issue of the Register, I.D. No. EDU-14-09-00006-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Christine Moore, New York State Education Department, 89 Washington Avenue, Room 148, Albany, NY 12234, (518) 473-4921, email:
cmoore@mail.nysed.govAssessment of Public Comment
The proposed rule was published in the State Register on April 8, 2009. Below is a summary of written comments received by the State Education Department concerning the proposed rule making and the Department's assessment of these comments.
COMMENT: One commentor raised a question about how the proposed amendment which provides for a three year active status for applications was intended to interface with the Patriot Plan legislation (Chapter 106 of the Laws of 2003), stating that the Legislature, in passing that law, intended to mitigate the home front complications that can occur when New Yorkers are called or ordered to active duty. The provisions of the Patriot Plan automatically extend the terms of any license, certificate or registration held by active duty personnel. The commentor stated that the language of the proposed rule and supporting impact statements do not clarify how the Department would treat applicants who are mobilized during the time period when their application is pending, and asked that the Department review the proposals for consistency with the provisions and spirit of the Patriot Plan legislation to ensure that it does not inadvertently create new complications for those New Yorkers who are mobilized to serve their country.
RESPONSE: The Education Department understands the concerns of the commentor and anticipates addressing these concerns in a future rule making, in order to provide an extension to the three year timeframe for applications to remain in active status for individuals called to active military duty. Those individuals called to active military service, and, therefore, unable to complete their application within the three-year period, will be allowed additional time to meet the certification requirements in accordance with the Patriot Plan.
