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

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
COMMITTEE:	Higher Education and Professional Practice
TITLE OF ITEM:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Creation of a Supplementary Certificate in the Classroom Teaching Service and Relocation of the Requirements for Teachers of Adult, Community and Continuing Education
DATE OF SUBMISSION:	November 22, 2004
PROPOSED HANDLING:	Approval (Consent Agenda)
RATIONALE FOR ITEM:	To Implement Policy
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

SUMMARY:

Attached for approval is a proposed repeal of section 80-2.11 and addition of sections 80-5.18 and 80-5.19 of the Regulations of the Commissioner of Education, relating to the creation of a supplementary certificate in the classroom teaching service and relocation of the requirements for teachers of adult, community and continuing education. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

The purpose of the proposed amendment is to establish a new teaching certificate, the supplementary certificate, to enable a teacher certified in one classroom teaching title, upon meeting prescribed requirements, to provide instruction in a different title in the classroom teaching service for which there is a demonstrated shortage of certified teachers while completing the balance of coursework requirements necessary to qualify for a new certificate in a shortage area. Despite intensive recruitment efforts and the creation of numerous alternative pathways for teacher certification, the shortages in some subject areas remain, including but not limited to mathematics, the sciences, bilingual education, and special education. This option is proposed to sunset on September 1, 2009.

The amendment is also needed to relocate the existing requirements for teachers of adult, community and continuing education to a more appropriate Subpart of the Regulations of the Commissioner of Education that deals with specialized credentials.

The original proposal presented to the Higher Education and Professional Practice Committee for discussion on June 21, 2004 included significant feedback and suggestions from deans and directors of teacher education programs at colleges and universities, members of the Professional Standards and Practices Board (PSPB), school district superintendents, teachers, New York City Department of Education leadership, and other partners around the State. Specific suggestions were made concerning the content area requirement to obtain a supplementary certificate, pedagogy requirements for teachers of students with special needs and certain other certificate titles, course grades, and the need to ensure that candidates engage in appropriate college study while working under a supplementary certificate.

As a result of the Committee’s June discussion, a number of additional refinements have been incorporated into this revised proposal consistent with the Committee’s direction. Specifically, language has been added to require that enrollment in study at an institution of higher education offering the coursework necessary for the certificate sought must be verified at the start of a teacher’s employment under a supplementary certificate. Also, the chief school officer of an employing school district will be required to certify that the district seeks to employ the candidate for a supplementary certificate in a demonstrated subject matter shortage area as determined by the Department. A school district employing a teacher with a supplementary certificate must also agree to provide the teacher with appropriate support to ensure the maintenance of quality instruction for students.

The Higher Education and Professional Practice Committee discussed the revised proposal again on September 9, 2004. During this discussion, the Committee raised questions regarding the current alternative pathways for teacher certification and the extent to which the supplementary certificate would address existing teacher shortages, if approved. Members of the Committee asked the Department to consider additional revisions to the proposed regulation concerning which teachers would be eligible for the supplementary certificates; the length of time in which the remaining certification requirements had to be met; mentoring for teachers with supplementary certificates, and precluding teachers with supplementary certificates from teaching in SURR schools or schools in need of corrective action.

The Deputy Commissioner spoke with the New York City Department of Education as well as District Superintendents from around the State about the proposed revisions and the anticipated use of the proposed supplementary certificate. The Department also solicited information from school districts and BOCES around the State on the number of shortage area teaching positions that they anticipate being able to fill using the supplementary certificate if it were to become available. In response to this request, school districts and BOCES statewide indicated that they could fill approximately 1, 123 teaching positions in existing subject matter shortage areas in the balance of the 2004-2005 school year and 1,600 positions in the 2005-2006 school year. In November, information was provided to the Committee members concerning the feedback from the field on these issues as well as an outline of the pathways to teacher certification. Based on that feedback and information, no changes have been made to the proposed regulation that is before the Board for action this month.

A Notice of Proposed Rule Making was published in the State Register on June 16, 2004. A Notice of Revised Rule Making was subsequently published in the State Register on November 3, 2004.

I recommended that the Board of Regents take the following action:

VOTED: That section 80-2.11 of the Regulations of the Commissioner of Education be repealed and that new sections 80-5.18 and 80-5.19 be added, as submitted, effective January 6, 2005.

Attachment

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 305, 3001, 3004, 3006, 3009, and 3010 of the Education Law.

1. Section 80-2.11 or the Regulations of the Commissioner of Education is repealed, effective January 6, 2005.

2. Section 80-5.18 of the Regulations of the Commissioner of Education is added, effective January 6, 2005, as follows:

80-5.18 Supplementary certificate.

(a) Purpose. The purpose of the supplementary certificate is to authorize a teacher who is currently certified in a title in the classroom teaching service to teach in a different title in the classroom teaching service for which there is a demonstrated shortage of certified teachers, while the teacher is engaged in study at an institution of higher education to complete the requirements necessary to qualify for the new certificate.

(b) Limitations. The supplementary certificate shall be valid for three years from its effective date and shall not be renewable. The supplementary certificate shall be limited to employment with an employing entity.

(c) Requirements. To be eligible for a supplementary certificate, a candidate shall meet the requirements in each of the following paragraphs:

(1) Application. The candidate shall apply for the supplementary certificate by September 1, 2009, and upon application qualify for the certificate, in a certificate title in the classroom teaching service for which there is a demonstrated shortage of certified teachers as determined by the department.

(2) Certification. The candidate shall hold a valid provisional, initial, permanent, or professional certificate in a title in the classroom teaching service identified in Subparts 80-2 or 80-3 of this Part.

(3) The candidate shall agree to be enrolled in study at an institution of higher education leading to an initial or professional certificate in the certificate title sought.

(4) Education.

(i) The candidate shall hold the minimum degree required for an initial certificate in the certificate title sought.

(ii) The candidate shall have completed coursework as prescribed in this subparagraph. The candidate shall have achieved at least a C or its equivalent in any undergraduate level course and at least a B- or its equivalent in any graduate level course submitted to meet the coursework requirements of this subparagraph.

(a) For candidates seeking a certificate, other than one of the certificates for the instruction of students with disabilities, a certificate for the instruction of the deaf and hard of hearing, a certificate for the instruction of the blind or visually impaired, a certificate for the instruction of literacy, or a certificate for teaching English to speakers of other languages, the candidate shall have completed twelve semester hours of study in the content core required for the initial certificate in the certificate title sought, as prescribed in section 80-3.7 of this Part.

(b) For candidates seeking one of the certificates for the instruction of students with disabilities, the candidate shall have completed nine semester hours of study in the instruction of students with disabilities, as prescribed in the pedagogical core required for the initial certificate in the certificate title sought, set forth in section 80-3.7 of this Part.

(c) For candidates seeking a certificate for the instruction of students who are deaf and hard of hearing, the candidate shall have completed nine semester hours in the instruction of the deaf and hard of hearing, as prescribed in the pedagogical core for the initial certificate in this certificate title, set forth in section 80-3.7 of this Part.

(d) For candidates seeking a certificate for the instruction of the blind or visually impaired, the candidate shall have completed nine semester hours in the instruction of the blind or visually impaired as prescribed in the pedagogical core for the initial certificate in this certificate title, set forth in section 80-3.7 of this Part.

(e) For candidates seeking one of the certificates for the instruction of literacy, the candidate shall have completed nine semester hours of study in literacy education, as prescribed in the pedagogical core required for the initial certificate in the certificate title sought, set forth in section 80-3.7 of this Part.

(f) For candidates seeking a certificate for teaching English to speakers of other languages, the candidate shall have completed six semester hours of coursework in methods of second language teaching in the elementary and secondary grades and six semester hours in teaching literacy skills, as prescribed in the pedagogical core for the initial certificate in this certificate title, set forth in section 80-3.7 of this Part.

(5) The candidate shall submit a statement by the Chancellor, in the case of employment with the City School District of the City of New York; or by the superintendent, in the case of other employing boards; or by the chief school officer, in the case of employment with another entity required by law to employ certified teachers certifying:

(i) the employing entity seeks to employ the candidate in a teaching position in a certificate title in the classroom teaching service with a demonstrated shortage of certified teachers as determined by the department for which the candidate would need the supplementary certificate to qualify;

(ii) the employing entity will require, as a condition of employment under the supplementary certificate, the candidate's enrollment in study at an institution of higher education leading to an initial or professional certificate in the certificate title sought; and

(iii) the employing entity will provide appropriate support to the candidate undertaking a teaching assignment under the supplementary certificate to ensure the maintenance of quality instruction for students.

(6) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the Content Specialty Test in the area of the certificate title sought, if available.

3. Section 80-5.19 of the Regulations of the Commissioner of Education is added, effective January 6, 2005, as follows:

80-5.19 Teachers of adult, community and continuing education.

(a) A person teaching an avocational subject shall have three years of preparation and/or experience in the subject which the individual is employed to teach. When no such prepared and/or experienced person is available after extensive recruitment, an individual with less preparation and/or experience may be employed upon a finding by the chief school officer that such individual has sufficient preparation and/or experience to teach the subject.

(b) A person teaching an occupational education subject for which no high school credit is granted and for which there is no appropriate teaching certificate shall have three years of preparation and/or experience in the subject which the individual is employed to teach. When no such prepared and/or experienced person is available after extensive recruitment, an individual with less preparation and/or experience may be employed upon a finding by the chief school officer that such individual has sufficient preparation and/or experience to teach the subject.

The Honorable the Members of the Board of Regents