Meeting of the Board of Regents | April 2008

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

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to Requirements for Coursework or Training in the Needs of Students with Autism and Autism Spectrum Disorders
DATE:	March 27, 2008
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Discussion

 

Should the Board of Regents amend Sections 52.21 and 80-3.7 and add Subpart 57-3 and Section 80-1.12 to the Regulations of the Commissioner of Education, relating to requirements for coursework or training in the needs of students with autism and autism spectrum disorders (ASD)?

 

Reason(s) for Consideration

 

Required by State statute.

             

Proposed Handling

 

This item will come before the Higher Education Committee for discussion at its April 2008 meeting.  The amendment will be submitted for action at the June 2008 meeting.

 

Procedural History

 

              A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register on April 9, 2008.

 

Background Information

 

The Commissioner’s Regulations currently require special education teachers to be prepared to teach the range of students with disabilities, including students with autism and ASD.  Chapter 143 of the Laws of 2006 now requires that all persons applying for a teaching certificate or a license as a special education teacher or special education administrator after February 2, 2007 to, in addition to all the other certification or licensing requirements, complete coursework or training in the area of children with autism and ASD.  The legislation further requires that the coursework or training be obtained from an institution or provider which has been approved by the Department to provide such coursework or training in the needs of students with autism and ASD. 

 

After the passage of the statue, the Department created a Work Group and has engaged in discussions with internal and external stakeholders, including representatives from VESID, CUNY, SUNY and independent colleges, regarding the competencies necessary to effectively teach students with autism and ASD and how to implement this law. 

 

Proposal

 

 The Work Group focused on how to meet the intent of the law and ensure that teachers of students with autism and ASD have the competencies to effectively work with these students, their families and other school personnel.  The Work Group recommends that the following actions be taken:

 

• Amend Part 52 of the Commissioner’s Regulations to provide autism specific requirements for special education teacher preparation programs.

 

• Amend Part 57 of the Commissioner’s Regulations to establish standards under which the Department will approve providers of this training.

 

• Amend Part 80 of the Commissioner’s Regulations to require that all teachers applying for certification in special education titles complete coursework or training in the needs of students with autism and ASD and ensure that, as a condition of certification through individual transcript evaluation, special education teachers receive the appropriate training or coursework in autism and ASD. 

 

Related Actions

 

              In addition to the proposed amendments, the Work Group recommends that:

 

• A policy memorandum be sent to deans of all State teacher and educational leadership preparation programs, school districts and others interested in autism which includes:

 

• additional information beyond the regulatory requirements that special education teachers should know and understand in order to best serve students with autism and ASD;

 

• a recommendation that local educational agencies (LEAs) encourage their veteran special education teachers and school administrators working in special education to obtain coursework or training in autism, once approved providers have been identified;

 

• a recommendation that each LEA designate at least one individual from their school district to be the district’s resource for autism related information and training;

 

• a recommendation that LEAs schedule some of their required professional development time on how to serve students with autism and ASD; and

 

• resources currently available to assist families, schools and teachers of children with autism and ASD.

  

• A link be placed on the Department’s Web site that directs families, schools and institutions of higher education to available resources related to autism, including the Autism Program Quality Indicators (APQIs), VESID, the Department of Health for Early Intervention Services, Early Childhood Direction Centers, the New York Autism Network and the names of institutions with special education preparation programs.

 

• As part of the reexamination of the Regents Policy on Teaching, the Board consider the creation of an autism annotation.

 

• As the special education certification structure is revised, the Board consider regulatory amendments requiring preparation in the development of collaboration models for all teacher preparation programs.

 

• State agencies further collaborate to help ensure a seamless delivery model of education and support services for children with autism and ASD and their families.

 

The Department is seeking a legislative amendment to adjust the implementation date of the new statute.  The proposed amendment would make the requirements for coursework or training in autism and ASD applicable to candidates seeking certification in special education titles after September 2, 2009 instead of February 2, 2007.  This will provide the Department with time to approve providers of such coursework or training.  In addition, since there are no special education titles for administrators, the technical amendment also requests a clarification that the training requirement shall apply to certified school administrators or supervisors assigned to serve as a special education administrator after September 2, 2009.  The technical amendment will also require that the training for such administrators or supervisors be included as part of the professional development provided by the school district to such administrators or supervisors.   

 

Recommendation

 

Not applicable.

 

Timetable for Implementation

 

The effective date of the proposed amendment is July 17, 2008.  Candidates seeking certification or a license as a teacher in special education after September 2, 2009 will be required to have such coursework or training.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 207, 212, 208, 305, 308, 3001, 3004, 3006, 3007 and 3009 of the Education Law.

              1.  Subclause (1) of clause (b) of subparagraph (vi) of paragraph (3) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

                 (1) study in the following:

              (i) . . .

              (ii) . . .

(iii) . . .

(iv) . . .

              (v) . . .

              (vi) . . .

              (vii) use of assistive and instructional technology in the teaching of and learning by students with disabilities; [and]

              (viii) . . .

              (ix) understanding the needs of students with autism and autism spectrum disorders, including but not limited to the etiology, prevalence and characteristics of autism and autism spectrum disorders; evidence-based instructional methods for teaching students with autism and autism spectrum disorders, instructional design and supports including socialization skills, communication and skill generalization and maintenance; positive behavioral supports, functional behavior assessments and behavior intervention plans for students with autism and autism spectrum disorders; collaboration and cooperation in the home, class, school and community and the concept of least restrictive environment for students with autism and autism spectrum disorders and the integration of such students in the class, school and community; and family supports, including the knowledge of resources that are available to support students with autism and autism spectrum disorders and their families such as early childhood supports, respite care, state agencies, transitional support services and vocational rehabilitation services and advocacy groups and associations; and

              2.  Subpart 57-3 of the Regulations of the Commissioner of Education is added, effective July 17, 2008, as follows:

SUBPART 57-3

Training in Autism and Autism Spectrum Disorders

§ 57-3.1 Purpose.

The purpose of this Subpart is to set forth standards for approval and the approval process for providers of course work or training in the needs of students with autism and autism spectrum disorders that is offered to candidates for a teachers’ certificate or license in any of the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing; and blind and visually impaired and for school administrators, to the extent required by section 3004 of the Education Law.

§ 57-3.2  Definitions.

As used in this Subpart:

(a) course work or training means course work or training in the needs of students with autism and autism spectrum disorders.

(b) provider means any teachers’ or professional organization or association, school district, board of cooperative educational services, nonpublic school, institution of higher education, hospital, health care facility, government agency or office, social service agency, or any other organization that has as its purpose the provision of course work or training in the needs of students with autism and autism spectrum disorders, and that is approved by the department to offer such course work or training pursuant to section 3004 of the Education Law.

§ 57-3.3 Filing of application for approval as a provider.

(a) A person or organization seeking approval as a provider shall submit to the department, an application on forms prescribed by the commissioner, with a fee of $600.

(b)  To be approved, each applicant shall submit evidence acceptable to the department that the applicant:

(1) has and will maintain adequate resources to offer the course work or training;

(2) has and will ensure that faculty and educational specialists who will offer the course work or training have demonstrated by training, earned degrees or experience, their competence to offer the course work or training.  The faculty or educational specialists who offer such course work or training must hold at least a master’s degree; and have specialized training in autism and autism spectrum disorders or shall have demonstrated, in other widely recognized ways, their specialized knowledge in the area of autism and autism spectrum disorders, as determined by the department; and

(3) certifies in writing that the course work or training will be conducted through use of a curriculum which, at a minimum, includes the syllabus prepared by the department; and

(4)  certifies, in writing, that certification of completion forms obtained from the department will be issued to students upon completion of the course work or training for their use in documenting satisfaction of the requirement of course work or training in autism and autism spectrum disorders, as required under section 3004 of the Education Law.

§57-3.4 Term of approval as a provider.

(a)  Providers shall be approved for a period of six years, except that the approved status of such providers may be terminated during this term by the department in accordance with section 57-3.6 of this Subpart.

(b) At the expiration of said term, the provider may reapply to the department for approval following the requirements of section 57-3.3 of this Subpart, including payment of the required fee.

§ 57-3.5 Responsibility of providers.

(a)  Pursuant to the requirements of section 3004 of the Education Law, a provider, at a minimum, shall offer the syllabus prepared by the department.  However, nothing in this section shall preclude providers from offering additional course work or training which exceeds, or expands upon, the two hour syllabus prescribed by the department.

(b)  An approved provider of such course work or training shall execute a certification of completion of each person completing course work or training, and within 21 calendar days of the completion of course work or training, the provider shall submit the certification of completion to the person completing the course work or training for that person’s use in documenting such completion.

(c) The provider shall retain a copy of the certification of completion in the provider’s files for not less than six years from the date of completion of course work or training.

(d) In the event that an approved provider discontinues offering course work or training, all copies of certifications of completion issued within the six years prior to such discontinuance shall be transferred to the department.

(e)  Course work or training shall be taught by instructors who have demonstrated by training, education and experience their competence to teach the course content prescribed in subdivision (a) of this section.

§ 57-3.6 Review of providers by the department.

(a) The department may review approved providers during the term of approval to ensure compliance with the requirements of this Subpart and may request information from a provider and may conduct site visits, pursuant to such review.

(b) A determination by the department that the services offered by a provider are inadequate, incomplete or otherwise unsatisfactory pursuant to the standards set forth in this Subpart shall result in the denial or termination of the approved status of the provider.

§ 57-3.7 Exemption.

 

An institution that offers a registered program leading to certification
in any of the following classroom teaching titles: students with disabilities in early childhood, childhood, middle childhood or adolescence; speech and language disabilities; deaf and hard of hearing and blind; and visually impaired
, pursuant to section 52.21 of this Title, shall be deemed approved, pursuant to this Subpart, for purposes of offering coursework or training in autism and autism spectrum disorders within such program to students in the program.

3.  A new Section 80-1.12 of the Regulations of the Commissioner of Education is added, effective July 17, 2008, as follows:

Section 80-1.12_ Required study in
autism and autism spectrum disorders for certificates in certain classroom teaching titles.

All candidates for a certificate or license valid for a certificate in the classroom teaching titles of students with disabilities in early childhood, childhood, middle childhood or adolescence; deaf and hard of hearing; blind and visually impaired and speech and language disabilities, who apply for a certificate or license on or after September 2, 2009, shall have completed at least two clock hours of coursework or training in autism or autism spectrum disorders, as required by section 3004 of 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 57-3 of this Title. 

4. Paragraph 3 of subdivision (a) of Section 80-3.7 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

(3) Additional requirements. A candidate seeking to fulfill the education requirement for the initial certificate through individual evaluation of education requirements shall meet the additional requirements in this paragraph or their substantial equivalent as determined by the commissioner, if so prescribed for that certificate title, in addition to the general requirements prescribed in paragraph (2) of this subdivision.

 (i)…

(ii)…

(iii)...

(iv)…

(v) Students with disabilities (birth-grade 2).

              (a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism and autism spectrum disorders, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner. 

(vi) Students with disabilities (grades 1-6).

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism and autism spectrum disorders, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner. 

(vii) Students with disabilities (grades 5-9).

(a) …

 (b)…

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism and autism spectrum disorders, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner. 

              (viii) Students with disabilities (grades 7-12).

(a) …

(b) . . .

(c) For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism and autism spectrum disorders, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner. 

(ix) Deaf and hard of hearing (all grades).

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism and autism spectrum disorders, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner. 

 (x) Blind or visually impaired (all grades).

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism and autism spectrum disorders, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner. 

(xi) Speech and language disabilities (all grades).

(a) …

(b) …

(c)  For candidates applying for a certificate or license on or after September 2, 2009, the candidate shall complete study in autism and autism spectrum disorders, as prescribed in section 80-1.12 of this Part, or its equivalent as determined by the commissioner.

(xii) …