Meeting of the Board of Regents | June 2009

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

           

TO:	EMSC Committee
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner Relating to Physical Education, Coaching Requirements and Extension of Eligibility for Interscholastic Athletics
DATE:	June 16, 2009
STRATEGIC GOAL:	Goals 1 and 3
AUTHORIZATION(S):

 

SUMMARY

 

Issues for Decision

 

Should the Board of Regents amend section 135.4(c)(2)(i) of the Commissioner's Regulations to provide flexibility for school districts that have organized their 5th and 6th grades into a middle school, by revising the physical education instruction requirements for elementary programs to include provisions for pupils in grades 5 and 6 who attend a middle school?

 

Should the Board of Regents amend section 135.4(c)(7) of the Commissioner's Regulations to specify the qualifications of those to be appointed (whether paid or unpaid) by school districts to fill existing athletic coaching positions, clarify evidential requirements for extension of eligibility for interscholastic athletics, and add provisions permitting coaches to apply to the Commissioner for extensions to complete required coursework?

 

Reason(s) for Consideration

 

Review of Policy.

 

 

 

Proposed Handling

 

The question will come before the EMSC Committee for approval and the Full Board for action at the June Regents meeting.

 

Procedural History

 

The proposed amendment was discussed by the Committee at the March Regents meeting.

 

              Subsequent to the March discussion, the proposed amendment has been revised as follows:

 

              (1) to clarify curriculum requirements for approved pre-service or in-service education program for coaches, by specifying the program be completed within five years, instead of three years, of appointment, and that such program shall include an approved course in Philosophy, Principles and Organization of Athletics, which shall be completed within two years after initial appointment as a coach, and approved courses in Health Sciences Applied to Coaching, and Theory and Techniques of Coaching that is sport specific, which shall be completed within five years after initial appointment as a coach.  

 

              (2)  to ensure consistency with existing Department practice, by permitting a superintendent to submit a statement to the Department that the district is unable to obtain the services of a certified teacher with coaching qualifications and experience, in lieu of a requirement that the superintendent submit an application demonstrating to the Commissioner's satisfaction the inability of the district to obtain such services.

 

              (3)  to specify that in order to be deemed sufficient to show that a pupil's failure to enter competition during one or more seasons of a sport was caused by illness, accident, or similar circumstances beyond the control of the student, for purposes of extending such pupil's eligibility to participate in a  sport, the evidence must include documentation showing that as a direct result of the illness, accident or other circumstance beyond the control of the student, "the pupil will be required to attend school for one or more additional semesters in order to graduate."  This replaces the previous language that in order to be deemed sufficient, the evidence must include documentation showing "the student’s education plan has been extended to a fifth year" as a direct result of the illness, accident or other circumstance beyond the control of the student.  This revision was necessary to clarify the provision and otherwise ensure consistency with the language in section 135.4(c)(7)(ii)(b)(1)(ii), which allows a similar extension for pupils who are unable to enter competition because of their enrollment in a national or international student exchange program or foreign study program.

 

              (4)  In addition, existing substantive provisions were reorganized within section 135.4(c)(7)(i)(c).

 

 

 

 

 

Background Information

             

              The proposed amendment to 135.4(c)(2) of the Commissioner's Regulations provides flexibility for school districts that have organized their 5th and 6th grades into a middle school, by revising the physical education instruction requirements for elementary programs to include provisions for pupils in grades 5 and 6 who attend a middle school.  This amendment would eliminate scheduling and staffing issues in middle level schools.  The proposed change was listed in the recommendations of the Office of the State Comptroller Audit on Physical Education and recommended by administrators in middle level buildings.             

 

              The proposed amendment to section 135.4(c)(7) of the Commissioner's Regulations specifies the qualifications of those to be appointed (whether paid or unpaid) by school districts to fill existing athletic coaching positions or openings but does not adversely affect the number of such positions or openings.  A school district that appoints an individual as an athletic coach for interschool athletic team must ensure that the individual possesses New York State Teacher Certification or Coaching Certification under Article 803 of the Education Law, regardless of whether that individual is in a paid or non-paid (volunteer) status.

 

              The proposed amendment would also permit coaches to apply to the Commissioner for additional extensions to complete required coursework.  The extension to complete required coursework is requested due to the requirement for teachers to complete a Master’s program within five years.  The requirement that new teachers complete a Master’s degree within five years of receiving their baccalaureate has affected the time available to new coaches to complete the required coaching courses and has affected the number of certified teacher coaches available to school districts for appointment as an interscholastic athletic coach.  Extensions would also be permitted for lapses in service due to maternity leave, military leave, or other extenuating circumstances.  

 

The proposed amendment also clarifies evidential requirements for extension of eligibility for interscholastic athletics.  In order to be an acceptable cause for extending a student's eligibility for interscholastic athletics, the chief school officer must present sufficient evidence that includes documentation showing that the pupil will be required to attend school for one or more additional semesters in order to graduate, as a direct result of the illness, accident or other circumstance beyond the control of the student.

 

              The New York State Public High School Athletic Association and New York State Athletic Administrator’s Association support the proposed changes.       

 

              A Notice of Proposed Rule Making was published in the State Register on March 4, 2009, and a Notice of Revised Rule Making was published on May 13, 2009.  Supporting materials are available on request from the Secretary to the Board of Regents. 

 

 

Recommendation

 

Staff recommend that the Regents take the following action:

 

              VOTED:  That subparagraph (i) of paragraph (2) of subdivision (c) and paragraph (7) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education be amended as submitted, effective July 16, 2009.

 

Timetable for Implementation

 

If adopted at the June Regents meeting, the proposed amendment will become effective on July 16, 2009.

 

Attachment      

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 101, 207, 305 (1) and (2), 803 (5), and 3204 (2) of the Education Law

              1.  Subparagraph (i) of paragraph (2) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education is amended, effective July 16, 2009, as follows:

              (i) Elementary instructional program-grades K through 6.  Pupils in grades K - 6 shall participate in the physical education program as follows:

              (a) all pupils in grades K-3 shall participate in the physical education program on a daily basis. All pupils in grades 4-6 shall participate in the physical education program not less than three times each week. The minimum time devoted to such programs (K-6) shall be at least 120 minutes in each calendar week, exclusive of any time that may be required for dressing and showering; [or]

               (b) notwithstanding the provisions of clause (a) of this subparagraph, pupils in grades 5-6 who are in a middle school shall participate in the physical education program a minimum of three periods per calendar week during one semester of each school year and two periods during the other semester, or a comparable time each semester if the school is organized in other patterns; or

              (c) as provided in an equivalent program approved by the Commissioner of Education;

              2.  Paragraph (7) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education is amended, effective July 16, 2009, as follows:

              (7)  Basic code for extraclass athletic activities. Athletic participation in all schools shall be planned so as to conform to the following:

              (i)  General provisions. It shall be the duty of trustees and boards of education:            

              (a)  to conduct school extra class athletic activities in accordance with this Part and such additional rules consistent with this basic code as may be adopted by such boards relating to items not covered specifically in this code. A board may authorize appropriate staff members to consult with representatives of other school systems and make recommendations to the board for the enactment of such rules;

              (b)  to make the extra class athletic activities an integral part of the physical education program;

              (c)  to [permit] appoint individuals, whether in a paid or non-paid (volunteer) status, to serve as coaches of interschool athletic teams, other than intramural teams or extramural teams, in accordance with the following:

              (1)  [certified] Certified physical education teachers may coach any sport in any school[;] .

              (2)  [teachers] Teachers with coaching qualifications and experience certified only in areas other than physical education may coach any sport in any school, provided they have completed:

              (i)  the first aid requirement set forth in section 135.5 of this Part; and 

              (ii)  an approved pre-service or in-service education program for coaches or will complete such a program within [three] five years of appointment.  Such program shall include an approved course in [philosophy, principles and organization of athletics] Philosophy, Principles and Organization of Athletics, which shall be completed within two years after initial appointment as a coach, and approved courses in Health Sciences Applied to Coaching, and Theory and Techniques of Coaching that is sport specific, which shall be completed within five years after initial appointment as a coach.  Such approved programs for coaches will consist of one of the following (credits and hours vary depending upon the contact and endurance involved in the sport): a department- approved college program of from two to eight credits; or a department approved in-service education program, conducted by schools, colleges, professional organizations or other recognized groups or agencies, from 30 to 120 clock hours; or an equivalent experience which is approved by the Commissioner of Education.  Upon application to the Commissioner of Education in a format prescribed by the Commissioner and setting forth the reasons for which an extension is necessary, the period in which to complete such training may be extended to no more than seven years after such appointment; provided that coaches who have a lapse in service due to maternity leave, military leave, or other extenuating circumstances may apply to the Commissioner for an additional extension of no more than two years to complete course work.

              (3)  [temporary] Temporary coaching license.  Except as provided in subclause (4) of this clause and notwithstanding the provisions of section 80-5.10 of this Title, other persons with coaching qualifications and experience satisfactory to the board of education may be [employed] appointed as temporary coaches of interschool sport teams whether in a paid or non-paid (volunteer) status, when certified teachers with coaching qualifications and experience are not available, upon the issuance by the commissioner of a temporary coaching license.  A temporary coaching license, valid for one year, will be issued under the following conditions:

              (i)  the superintendent of schools shall submit [an application for a temporary coaching license, in which the inability of] a statement to the Department that the district is unable to obtain the services of a certified teacher with coaching qualifications and experience [is demonstrated to the satisfaction of the commissioner];

              (ii)  candidates for initial temporary licensure shall have completed the first aid requirement set forth in section 135.5 of this Part prior to the first day of coaching;

              (iii)  candidates for the first renewal of a temporary license shall have completed or be enrolled in an approved course in philosophy, principles and organization of athletics;

              (iv)  candidates for any subsequent renewal of a temporary license shall have completed [or demonstrate evidence of satisfactory progress towards the completion of] an approved pre-service or in-service education program for coaches which shall include an approved course in [philosophy, principles and organization of athletics] Philosophy, Principles and Organization of Athletics, which shall be completed within two years after initial appointment as a coach, and approved courses in Health Sciences Applied to Coaching, and Theory and Techniques of Coaching that is sport specific, which shall be completed within five years after initial appointment as a coach.  Such approved programs for coaches shall consist of one of the following (credits and hours vary depending upon the contact and endurance involved in the sport): a department-approved college program of from two to eight credits; or a department approved in-service education program, conducted by schools, colleges, professional organizations or other recognized groups or agencies, from 30 to 120 clock hours; or an equivalent experience which is approved by the Commissioner of Education.  Upon application in a format prescribed by the Commissioner of Education and setting forth the reasons for which an extension is necessary, the period in which to complete such training may be extended to no more than seven years after such appointment; provided that coaches who have a lapse in service due to maternity leave, military leave, or other extenuating circumstances may apply to the Commissioner for an additional extension of no more than two years to complete course work.

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              (ii) Provisions for interschool athletic activities for pupils in grades 7 through 12. It shall be the duty of the trustees and boards of education to conduct interschool athletic competition for grades 7 through 12 in accordance with the following:

              (a)  .   .   .

              (b) Interschool athletic competition for pupils in senior high school grades 9, 10,   11 and 12.  Inter-high school athletic competition shall be limited to competition between high school teams, composed of pupils in grades 9 to 12 inclusive, except as otherwise provided in subclause (a)(4) of this subparagraph. Such activities shall be conducted in accordance with the following:

              (1) Duration of competition.  A pupil shall be eligible for senior high school athletic competition in a sport during each of four consecutive seasons of such sport commencing with the pupil's entry into the ninth grade and prior to graduation, except as otherwise provided in this subclause. If a board of education has adopted a policy, pursuant to subclause (a)(4) of this subparagraph, to permit pupils in the seventh and eighth grades to compete in senior high school athletic competition, such pupils shall be eligible for competition during five consecutive seasons of a sport commencing with the pupil's entry into the eighth grade, or six consecutive seasons of a sport commencing with the pupil's entry into the seventh grade. A pupil enters competition in a given year when the pupil is a member of the team in the sport involved, and that team has completed at least one contest. A pupil shall be eligible for interschool competition in grades 9, 10, 11 and 12 until the last day of the school year in which he or she attains the age of 19, except as otherwise provided in subclause (a)(4) of this subparagraph or in this subclause. The eligibility for competition of a pupil who has not attained the age of 19 years prior to July 1st may be extended under the following circumstances.

              (i) If sufficient evidence is presented by the chief school officer to the section to show that the pupil's failure to enter competition during one or more seasons of a sport was caused by illness, accident, or similar circumstances beyond the control of the student, such pupil's eligibility shall be extended accordingly in that sport.  In order to be deemed sufficient, the evidence must include documentation showing that as a direct result of the illness, accident or other circumstance beyond the control of the student, the pupil will be required to attend school for one or more additional semesters in order to graduate. 

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