Home » 2013 Issues » August 07, 2013 » EDU-32-13-00006-EP Coursework or Training in Harassment, Bullying and Discrimination Prevention and Intervention
EDU-32-13-00006-EP Coursework or Training in Harassment, Bullying and Discrimination Prevention and Intervention
8/7/13 N.Y. St. Reg. EDU-32-13-00006-EP
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 32
August 07, 2013
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-32-13-00006-EP
Filing No. 778
Filing Date. Jul. 23, 2013
Effective Date. Jul. 23, 2013
Coursework or Training in Harassment, Bullying and Discrimination Prevention and Intervention
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of sections 80-1.13, 80-3.5, 80-5.14 and 80-5.22 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 14(5), 207(not subdivided), 305(1), (2), 3004(1) and 3007(not subdivided); and L. 2013, ch. 90
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The Dignity for All Students Act (DASA) added Article 2 to the Education Law (Education Law §§ 10 through 18), to require, among other things, school districts to create policies and guidelines to be used in school training programs to discourage the development of discrimination or harassment and to enable employees to prevent and respond to discrimination or harassment. These provisions took effect on July 1, 2012.
Thereafter, in June 2012, the Legislature enacted Chapter 102 of the Laws of 2012, which amended the Dignity Act to include a requirement that school professionals applying for a certificate or license on or after July 1, 2013 complete training on the social patterns of harassment, bullying and discrimination.
In response to the new law, the Department consulted with a work group, which was comprised of representatives of teachers, administrators, school social workers, school counselors, school guidance counselors, school psychologists, superintendents, school boards, teacher education program faculty, GLESN and Empire Pride Agenda to seek recommendations on how many hours and the types of training needed to ensure that school personnel have adequate training in harassment, bullying and discrimination. The work group recommended that the following actions be taken:
• Part 52 of the Commissioner’s Regulations be amended to require teacher and school leadership preparation programs to include at least six hours of training in Harassment, Bullying and Discrimination Prevention and Intervention.
• A new Subpart 57-4 of the Commissioner’s Regulations shall be added to establish standards under which the Department will approve providers of this training.
• Part 80 of the Commissioner’s Regulations be amended to require that anyone applying for an administrative or supervisory service, classroom teaching service or school service certificate or license on or after July 1, 2013, shall have completed at least six clock hours of coursework or training in Harassment, Bullying and Discrimination Prevention and Intervention.
At its May meeting, the Board of Regents adopted regulations to implement the recommendations of the Work Group. However, since the Department was consulting with the Work Group for the last several months to develop a syllabus for the 6-hour training course and the syllabus and provider applications only became available in the last couple of months, there was not sufficient access to the training before the July 1 deadline. As a result, on June 30, 2013, the Governor signed Chapter 90 of the Laws of 2013, extending the timeframe for school professionals to complete the training until December 31, 2013. The proposed amendment implements the new law, by extending the timeframe to complete the training from July 1 to December 31, 2013.
Emergency action is necessary for preservation of the general welfare to immediately implement the new law and to ensure that applicants for certification are notified that that the deadline for the training requirements has been extended from July 1, 2013 to December 31, 2013.
Subject:
Coursework or training in harassment, bullying and discrimination prevention and intervention.
Purpose:
To conform the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013.
Text of emergency/proposed rule:
1. Section 80-1.13 of the Regulations of the Commissioner of Education is amended, effective July 23, 2013, as follows:
80-1.13 Required study in harassment, bullying and discrimination prevention and intervention.
All candidates for a certificate or license valid for an administrative or supervisory service, classroom teaching service or school service who apply for a certificate or license on or after [July 1, 2013] December 31, 2013, shall have completed at least six clock hours, of which at least three hours must be conducted through face-to-face instruction, of course work or training in harassment, bullying and discrimination prevention and intervention, as required by section 14 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 57-4 of this Title.
2. Subparagraph (i) of paragraph (1) of subdivision (b) of section 80-3.5 of the Regulations of the Commissioner of Education is amended, effective July 23, 2013, as follows:
(i) Education. The candidate shall complete at least two clock hours of course work or training regarding the identification and reporting suspected child abuse or maltreatment, in accordance with requirements of section 3004 of the Education Law. In addition, the candidate who applies for the certificate on or after February 2, 2001, shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the department pursuant to Subpart 57-2 of this Title. A candidate who applies for the certificate on or after [July 1, 2013] December 31, 2013, shall also complete at least six clock hours, of which at least three hours must be conducted through face-to-face instruction, of coursework or training in harassment, bullying and discrimination prevention and intervention, as required by section 14 the Education Law.
3. Subparagraph (i) of paragraph (2) of subdivision (b) of section 80-3.5 of the Regulations of the Commissioner of Education is amended, effective July 23, 2013, as follows:
(i) Education. The candidate shall complete at least two clock hours of course work or training regarding the identification and reporting suspected child abuse or maltreatment, in accordance with requirements of section 3004 of the Education Law. In addition, the candidate who applies for the certificate on or after February 2, 2001, shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the department pursuant to Subpart 57-2 of this Title. A candidate who applies for the certificate on or after [July 1, 2013] December 31, 2013, shall also complete at least six clock hours, of which at least three hours must be conducted through face-to-face instruction, of coursework or training in harassment, bullying and discrimination prevention and intervention, as required by section 14 the Education Law.
4. Paragraph (1) of subdivision (b) of section 80-5.14 of the Regulations of the Commissioner of Education is amended, effective July 23, 2013, to read as follows:
(1) Education. A candidate shall hold a graduate academic or graduate professional degree from a regionally accredited institution of higher education or from an institution authorized by the Board of Regents to confer degrees. A candidate shall complete study in the means for identifying and reporting suspected child abuse and maltreatment, which shall include at least two clock hours of coursework or training in the identification and reporting of suspected child abuse or maltreatment in accordance with the requirements of section 3004 of the Education Law. In addition, the candidate who applies for the certificate on or after February 2, 2001, shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the department pursuant to Subpart 57-2 of this Title. A candidate who applies for the certificate on or after [July 1, 2013] December 31, 2013, shall also complete at least six clock hours, of which at least three hours must be conducted through face-to-face instruction, of coursework or training in harassment, bullying and discrimination prevention and intervention, as required by section 14 the Education Law.
5. Subparagraph (i) of paragraph (2) of subdivision (a) of section 80-5.22 of the Regulations of the Commissioner of Education is amended, effective July 23, 2013, as follows:
(i) Education. A candidate shall hold a graduate degree in science, technology, engineering or mathematics from a regionally or nationally accredited institution of higher education, a higher education institution that the commissioner deems substantially equivalent, or from an institution authorized by the Board of Regents to confer degrees. A candidate shall complete study in the means for identifying and reporting suspected child abuse and maltreatment, which shall include at least two clock hours of coursework or training in the identification and reporting of suspected child abuse or maltreatment in accordance with the requirements of section 3004 of the Education Law. In addition, the candidate shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the department pursuant to Subpart 57-2 of this Title. A candidate who applies for the certificate on or after [July 1, 2013] December 31, 2013, shall also complete at least six clock hours, of which at least three hours must be conducted through face-to-face instruction, of coursework or training in harassment, bullying and discrimination prevention and intervention, as required by section 14 the Education Law.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire October 20, 2013.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Peg Rivers, State Education Department, Office of Higher Education, State Education Building Annex, Room 979, 89 Washington Ave., Albany, NY 12234, (518) 486-3633, email: privers@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 14(5) requires the Commissioner of Education to prescribe regulations to require that school professionals applying on or after July 1, 2013 for a certificate or license, including but not limited to a certificate or license valid for service as a classroom teacher, school counselor, school psychologist, school social worker, school administrator or supervisor or superintendent of schools to complete training on the social patterns of harassment, bullying and discrimination. Chapter 90 of the Laws of 2013 amended Education Law section 14(5) to require such training for school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013.
Education Law section 207 grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Education Law section 305(1) empowers the Commissioner of Education to be the chief executive officer of the state system of education and of the Board of Regents and authorizes the Commissioner to enforce laws relating to the educational system and to execute educational policies determined by the Regents. Section 305(2) authorizes the Commissioner to have general supervision over all schools subject to the Education Law.
Education Law section 3004(1) of the Education Law authorizes the Commissioner to prescribe, subject to the approval of the Regents, regulations governing the examination and certification of teachers employed in all public schools in the State.
Education Law section 3007 authorizes the Commissioner to endorse a diploma or certificate issued in another state.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to implement Education Law 14(5), as amended by Chapter 90 of the Laws of 2013, to require school professionals applying for a certificate or license on or after December 31, 2013 to complete training on the social patterns of harassment, bullying and discrimination.
3. NEEDS AND BENEFITS:
The Dignity for All Students Act (DASA) added Article 2 to the Education Law (Education Law §§ 10 through 18), to require, among other things, school districts to create policies and guidelines to be used in school training programs to discourage the development of discrimination or harassment and to enable employees to prevent and respond to discrimination or harassment. These provisions took effect on July 1, 2012.
Thereafter, in June 2012, the Legislature enacted Chapter 102 of the Laws of 2012, which amended the Dignity Act to include a requirement that school professionals applying for a certificate or license on or after July 1, 2013 complete training on the social patterns of harassment, bullying and discrimination.
In response to the new law, the Department consulted with a work group, which was comprised of representatives of teachers, administrators, school social workers, school counselors, school guidance counselors, school psychologists, superintendents, school boards, teacher education program faculty, GLESN and Empire Pride Agenda to seek recommendations on how many hours and the types of training needed to ensure that school personnel have adequate training in harassment, bullying and discrimination. The work group recommended that the following actions be taken:
• Part 52 of the Commissioner’s Regulations be amended to require teacher and school leadership preparation programs to include at least six hours of training in Harassment, Bullying and Discrimination Prevention and Intervention.
• A new Subpart 57-4 of the Commissioner’s Regulations shall be added to establish standards under which the Department will approve providers of this training.
• Part 80 of the Commissioner’s Regulations be amended to require that anyone applying for an administrative or supervisory service, classroom teaching service or school service certificate or license on or after July 1, 2013, shall have completed at least six clock hours of coursework or training in Harassment, Bullying and Discrimination Prevention and Intervention.
At its May meeting, the Board of Regents adopted regulations to implement the recommendations of the Work Group. However, since the Department was consulting with the Work Group for the last several months to develop a syllabus for the 6-hour training course and the syllabus and provider applications only became available in the last couple of months, there was not sufficient access to the training before the July 1 deadline. As a result, on June 30, 2013, the Governor signed Chapter 90 of the Laws of 2013, which amends Education Law section 14(5) to require such training for school professionals applying for a certificate or license on or after December 31, 2013, instead of July 1, 2013. The proposed amendment implements the new law, by making the training requirement applicable to school professionals applying for a certificate or license on or after December 31, 2013.
4. COSTS:
(a) Costs to State government: none.
(b) Costs to local governments: none.
(c) Cost to private regulated parties: none.
(d) Costs to regulating agency for implementing and continued administration of the rule: none.
The proposed amendment does not impose any costs on the State, local governments, private regulated parties or the State Education Department. The proposed amendment merely conforms the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment merely conforms the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013.
6. PAPERWORK:
The proposed amendment does not impose any new paperwork or record keeping requirements. The proposed amendment merely conforms the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013.
7. DUPLICATION:
The amendment does not duplicate any existing State or Federal requirements, and is necessary to implement the Chapter 90 of the Laws of 2013.
8. ALTERNATIVES:
The proposed amendment is necessary to implement Chapter 90 of the Laws of 2013, which amended Education Law section 14(5) to require training on the social patterns of harassment, bullying and discrimination for school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013. The proposed amendment merely conforms the Commissioner's Regulations to the statute. There are no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
There are no related Federal standards governing the certification of teachers and administrators.
10. COMPLIANCE SCHEDULE:
It is anticipated that regulated parties will be able to achieve compliance with this amendment by its stated effective date.
Regulatory Flexibility Analysis
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013. The proposed amendment does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no affirmative steps are 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.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment will affect school professionals in all parts of this State who are applying for a certificate or license on or after December 31, 2013, including those located 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:
The proposed amendment does not impose any compliance requirements or professional services requirements. The proposed amendment merely conforms the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013.
3. COSTS:
The proposed amendment does not impose any costs. The proposed amendment merely conforms the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any compliance requirements or costs. The proposed amendment merely conforms the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013. The statute which the proposed amendment implements applies to affected school professionals throughout the State, including those in rural areas. Therefore, it was not possible to establish different requirements for school professionals in rural areas, or to exempt them from the amendment's provisions.
5. RURAL AREA PARTICIPATION:
The Department consulted with a work group, which was comprised of representatives of teachers, administrators, school social workers, school counselors, school guidance counselors, school psychologists, superintendents, school boards, teacher education program faculty, GLSEN and Empire Pride Agenda. The work group included representatives from across the State, including members from rural areas.
6. 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 merely implements, and conforms the Commissioner's Regulations to, statutory requirements under Chapter 90 of the Laws of 2013 and therefore the substantive provisions of the proposed amendment cannot be repealed or modified unless there is a further statutory change. 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. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Job Impact Statement
The proposed amendment is necessary to conform the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013. The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
