To implement the provisions of the Patriot Plan to provide additional benefits and protections for service members.
Substance of proposed rule (Full text is posted at the following State website:http://www.highered.nysed.gov/tcert/):
The Commissioner of Education proposes to amend sections 80-1.2, 80-1.6, 80-2.2, 80-2.9, 80-3.6, 80-4.3, 80-5.6, 80-5.7 and 80-5.9 of the Regulations of the Commissioner of Education relating to requirements for teachers' certificates and teaching practice in order to implement the provisions of the New York Patriot Plan. The following is a summary of the proposed amendment:
Subdivisions (a) and (b) of section 80-1.2 are amended to authorize the Commissioner to extend the time validity of an active application beyond the three years provided for in this section for candidates called to active duty with the Armed Forces prior to completion of all requirements for certification for the time of active service and an additional 12 months after the end of such service.
Subdivision (b) of section 80-1.6 is amended to authorize the Commissioner to extend the time validity of an expired provisional, initial or transitional certificate for individuals called to active duty with the Armed Forces for the time of such active service and an additional 12 months from the end of such service.
Paragraph (1) of subdivision (e) of section 80-2.2 is amended to authorize the Commissioner to extend a two-year nonrenewable conditional provisional certificate for individuals called to active duty with the Armed Forces for the time of active service and an additional 12 months from the end of such service.
Paragraph (5) of subdivision (a) of section 80-2.9 is amended to authorize the Commissioner to end the time validity of an interim bilingual education extension for holders called to active duty in the Armed Forces for the time of active service and an additional 12 months from the end of such service.
Subdivision (c) of section 80-3.6 is amended to authorize the Commissioner to reduce the professional development requirement proportionately for certificate holders called to active duty in the Armed Forces so that the holder is not required to complete professional development for the time of active service.
Subparagraph (i) of paragraph (3) of subdivision (a) of section 80-4.3 is amended to authorize the Commissioner to extend the time validity of an interim bilingual education extension for holders called to active duty in the Armed Forces for the time of active service and an additional 12 months from the end of such service.
Subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6 is amended to extend the time validity of a level I teaching assistant certificate, a level II teaching assistant certificate, a level III teaching assistant certificate and a pre-professional teaching assistant certificate for the time of active service and an additional 12 months from the end of such service.
Subdivision (c) of section 80-5.9 is amended to extend the validity period of the internship certificate for the time of active service and an additional 12 months from the end of such service, provided that the holder is a student in a registered or approved graduate program of teacher education.
Text of proposed rule and any required statements and analyses may be obtained from:
Christine Moore, New York State Education Department, 89 Washington Avenue, Room 148, Albany, New York 12234, (518) 473-8296, email: cmoore@mail.nysed.gov
Data, views or arguments may be submitted to:
Johanna Duncan-Poitier, Senior Deputy Commissioner of P16, New York State Education Department, 89 Washington Avenue, 2nd Floor, Albany, NY 12234, (518) 474-3862, email: p16education@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 210 of the Education Law authorizes the Department to fix the value of degrees, diplomas and certificates issued by institutions of other states or countries as presented for entrance to schools, colleges and the professions of the state.
Section 212 of the Education Law authorizes the Department to fix, in regulation, fees for certificates that are not otherwise provided in law.
Subdivision (1) of section 305 of the Education Law 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.
Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools subject to the Education Law.
Subdivision (2) of section 3001 of the Education Law establishes certification by the State Education Department as a qualification to teach in the public schools of New York State.
Subdivision (1) of section 3004 of the Education Law authorizes the Commissioner of Education 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.
Paragraph (b) of subdivision (1) of section 3006 of the Education Law provides that the Commissioner of Education may issue such teacher certificates as the Regents Rules prescribe.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment will carry out the objectives of the above referenced statutes by implementing the provisions of the Patriot Plan, by extending the expiration dates for various teachers' certificates for holders engaged in active military service for the period of active service and an additional 12 months from the end of such service and by reducing the professional development requirement for certificate holders called to active duty for the time of such active service.
3. NEEDS AND BENEFITS:
The proposed amendment is necessary to implement the provisions of the Patriot Plan, which was enacted by the Legislature in Chapter 106 of the Laws of 2003. The Patriot Plan was enacted by the Legislature to recognize members of the military who are called to active duty so that such members are not discriminated against based upon their military status in areas such as housing, employment and education.
Section 308-a of the Military Law, as added by the Patriot Plan in Chapter 106 of the Laws of 2003, waives professional continuing education requirements for persons in the military service who were licensed, registered or certified to engage in a profession or occupation prior to entering into military service for any entire licensing, registration or certification period during which such military service occurs. Where such military service is partially within a licensing, registration or certification period, this section provides that continuing education requirements shall be reduced proportionately so that such individual is not required to complete such requirements while in military service.
Section 308-b of the Military Law, as added by the Patriot Plan in Chapter 106 of the Laws of 2003, provides that military personnel serving on active duty, who were licensed, certified or registered to engage in a profession or occupation prior to being called to active duty, and whose licensing certificate or registration shall expire during such period of active duty, shall have such license, certificate or registration automatically extended for the period of active duty and for twelve months after such military personnel have been released from active duty. However, this section shall not be construed to permit an individual whose authority to engage in a profession or occupation has been revoked or suspended to engage in such profession or occupation.
The proposed amendment implements the provisions of the Patriot Plan by reducing the professional development requirement for certificate holders called to active duty for the time of such active service. The proposed amendment also extends the validity of teaching certificates' for members of the military called to active duty for the period of such active service and an additional 12 months from the end of such service.
4. COSTS:
(a) Cost to State government. The amendment will not impose any additional cost on State government, including the State Education Department.
(b) Cost to local government. The amendment does not impose additional costs upon local governments, including schools districts and BOCES.
(c) Cost to private regulated parties. The amendment will not impose additional costs on private regulated parties.
(d) Costs to the regulatory agency. As stated above in Costs to State Government, the amendment will not impose any additional costs on the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any mandatory program, service, duty, or responsibility upon local government, including school districts or BOCES.
6. PAPERWORK:
The proposed amendment will not increase reporting or recordkeeping requirements beyond existing requirements.
7. DUPLICATION:
The amendment does not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
The purpose of the proposed amendment is to implement the statutory provisions of Military Law sections 308-a and 308-b, as added by Chapter 106 of the Laws of 2003. Because the nature of the proposed amendment is to implement statutory requirements, no alternative proposals were considered.
9. FEDERAL STANDARDS:
There are no Federal standards that deal with the subject matter of this amendment.
10. COMPLIANCE SCHEDULE:
Regulated parties must comply with the proposed amendment on its effective date. Because of the nature of the proposed amendment, no additional period of time is necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The purpose of the proposed amendment is to implement the provisions of the New York Patriot Plan to provide additional benefits and protections for service members. The proposed changes would extend teaching certificates that would expire while a holder is engaged in active military service for the period of active service and an additional 12 months from the end of such service. The proposed amendment also implements the provisions of the Patriot Plan by reducing the professional development requirement for certificate holders called to active duty for the time of such active service. The amendment does not establish any requirements for small businesses or locals governments, including school districts or boards of cooperative educational services (BOCES).
The amendment will not impose any adverse economic impact, recordkeeping, reporting, or other compliance requirements on small businesses or local governments, including school districts or BOCES. Because it is evident from the nature of the rule that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken.
Rural Area Flexibility Analysis
1. TYPES AND NUMBER OF ESTIMATES OF RURAL AREAS:
The proposed amendment will affect holders of teaching certificates engaged in active military service in all parts of New York State, including the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The purpose of the proposed amendment is to implement the provisions of the New York Patriot Plan to provide additional benefits and protections for service members. The proposed changes would extend teaching certificates that would expire while a holder is engaged in active military service for the period of active service and an additional 12 months from the end of such service. The proposed amendment also implements the provisions of the Patriot Plan by reducing the professional development requirement for certificate holders called to active duty for the time of such active service.
The proposed amendment will not increase reporting or recordkeeping requirements beyond existing requirements. The proposed amendment will not require regulated parties, including those located in rural areas, to hire professional services in order to comply.
3. COSTS:
The proposed amendment will not result in additional costs to regulated parties.
4. MINIMIZING ADVERSE IMPACT:
The purpose of the proposed amendment is to implement sections 308-a and 308-b of the Military Law, as added by the New York Patriot Plan to provide additional benefits and protections for service members. The State Education Department does not believe that establishing different standards for candidates who live or work in rural areas is warranted. A uniform standard ensures the quality of the State's teaching workforce.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Rural Advisory Committee, which has representatives who live and/or work in rural areas.
Job Impact Statement
The purpose of the proposed amendment is to implement the provisions of the New York Patriot Plan to provide additional benefits and protections for service members. The proposed changes would extend teaching certificates that would expire while a holder is engaged in active military service for the period of active service and an additional 12 months from the end of such service. The proposed amendment also implements the provisions of the Patriot Plan by reducing the professional development requirement for certificate holders called to active duty for the time of such active service. Because it is evident from the nature of the rule that it could only have a positive impact or no impact on jobs and employment opportunities, no affirmative 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.
