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   James A. Kadamus
COMMITTEE:	Full Board
TITLE OF ITEM:	Update on Use of Modified Temporary Licenses by New York City Department of Education
DATE OF SUBMISSION:	June 8, 2004
PROPOSED HANDLING:	Information
RATIONALE FOR ITEM:	To inform the Board
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

 

SUMMARY:

 

This month marks the end of the first school year for which Temporary Licenses for teachers were no longer issued by the State Education Department.  It is also the end of the first of the two school years for which the Board of Regents authorized the issuance of Modified Temporary Licenses (MTLs) for teachers.  The Board has received earlier updates on the issuance and use of MTLs: most recently, a May 2004 memorandum from Deputy Commissioner Johanna Duncan-Poitier outlining the actions that the Board took to create the MTLs and the requirements that must be met by both individual MTL candidates and the school district applying for the MTL, (the Office of Higher Education has responsibility for the preparation and certification of teachers), and a March 2004 memorandum from Deputy Commissioner James Kadamus on the use of MTLs in New York City, (the Office of Elementary, Middle, Secondary and Continuing Education tracks the assignment of teachers in the schools).

 

Members of the Board of Regents have asked for additional information on MTLs and on teacher vacancies in New York City.   In collaboration with the New York City Department of Education’s Office of Human Resources, we have prepared this report that updates some of the information included in past communications, provides information on the first year’s experiences in NYC without Temporary Licenses and with the issuance of the new MTLs, and responds to the additional questions raised by members of the Board.

 

 

Background

 

 

In July 2003, the Board of Regents adopted, by emergency action, a regulation that permits the issuance of modified temporary licenses (MTLs) to school districts with vacant teaching positions in demonstrated subject matter shortage areas during the 2003-2004 and 2004-2005 school years only.  This action was taken in response to a request from New York City Schools Chancellor Joel Klein.  Describing the continuing shortfall of certified teachers in some subject areas, the Chancellor asked for modified temporary licenses for the 2003-2004 and 2004-2005 school years, under specific circumstances, to allow the New York City Department of Education (NYCDOE) additional time to come into complete compliance with the requirement that all teachers be appropriately certified.  The regulation adopted by the Regents in July 2003, allowed for modified temporary licenses to be issued under certain circumstances and limited the number of those licenses that could be issued to New York City to 2,500 for the 2003-2004 school year and 1,500 for the 2004-2005 school year.   This emergency action was confirmed by the Board of Regents at the September 2003 Regents meeting.

 

The approved regulation requires that candidates for MTLs must:

 

·       have passed the NYS Teacher Certification Examination Liberal Arts and Sciences Test (LAST);

·       hold the minimum degree required for the provisional/initial certificate sought (generally a baccalaureate degree); and

·       be within 18 credits of meeting the required content and education coursework for a provisional/initial certificate.

 

The school district applying for the MTL must certify that:

 

·       after extensive and documented recruitment, no certified and qualified teacher is available;

·       the MTL candidate either has a record of satisfactory service (for candidates currently or previously employed by the district), or that the candidate has been subject to a rigorous interview and screening process (for new candidates);

·       the candidate will not be assigned to

Ø     a school under registration review (SURR school), or

Ø     a school designated as “in need of improvement” or “in corrective action” – unless the candidate is already employed in that school; and

·       the candidate will not be assigned to a position in violation of the No Child Left Behind Act (NCLB).

 

 

Use of MTLs in the New York City School District

  

       

How many individuals are employed by the NYCDOE using MTLs?

 

As of May 25, 2004, the NYCDOE has employed 1199 teachers using MTLs.

 

What is the subject matter distribution for these teachers in NYC?

 

 

*Other subject matter areas include: Deaf and Hard of Hearing, Foreign Languages, and Physical Education.

 

What are the specific district assignments of these teachers?

 

As of December 31, 2003, the NYCDOE reports that the district assignment of these teachers was as follows:

 

CSD	# of MTLs	CSD	# of MTLs
1	2	19	17
2	13	20	9
3	10	21	18
4	10	22	10
5	3	23	12
6	44	24	22
7	10	25	12
8	21	26	4
9	26	27	29
10	37	28	16
11	18	29	28
12	11	30	19
13	23	31	20
14	15	32	13
15	16	Special Ed District	89
16	14	Alternative H.S.	51
17	25	Regular H.S.	348
18	22	UNKNOWN	9
19	17	TOTAL	1046*

 

*The total number reported (1046) differs from the total in the previous answer (1199) because the NYCDOE last reported the community school district breakdown in December 2003.

 

 

 

 

Does the regulation permit MTLs to be placed in low-performing schools? And if so, why?

 

The regulation states: 

 

“….  that the candidate will not be assigned or otherwise permitted to teach in a building that is a School Under Registration Review, as defined in section 100.2(p) of this Title, or that is a School in School Improvement Status or School in Corrective Action Status, as defined in Part 120 of this Title, unless the candidate is currently employed in such building as a teacher and has rendered satisfactory service there as a teacher;” (underlining added).

 

The regulation prohibits the assignment of new MTLs to low-performing schools but does not require removal of staff already teaching at these schools who were qualified to receive modified temporary licenses while completing the requirements for certification.  After careful consideration, the Regents determined that it would be less disruptive to the education of students in low performing schools to permit individuals previously teaching in those schools under a temporary license to remain if they could qualify for the more rigorous MTL.

 

 

How many teachers with MTLs are teaching in NYC schools designated as low-performing or SURR?

 

As of December 31, 2003, the NYCDOE reported that there were 338 teachers with MTLs in schools that are designated as SURR or as in need of improvement or in corrective action.   In addition, the NYCDOE reported that there were 71 returning teachers, now with MTLs, in schools that, under the NCLB, are prohibited from hiring new MTLs.

 

 

How are former Provisional Preparatory Teachers (PPTs) affected by the regulation?

 

When the Regents ended the issuance of Temporary Licenses for teachers as of September 2004, PPTs were no longer permitted.  While the MTL regulation does not specifically address the issue of former PPTs, it clearly explains which persons would be eligible to receive a modified temporary license; many could be former PPTs based upon the eligibility criteria.

 

The NYCDOE has recommended that the Regents consider allowing individuals, including former PPTs, who are certified by reciprocal agreement states that use the PRAXIS examination for certification purposes, to receive New York State Initial Certification. The PRAXIS examination, which is a teacher licensure examination, developed by the Educational Testing Service (ETS), is not accepted in lieu of taking and passing the New York State Teacher Certification Examinations which were developed to assess whether a candidate has the knowledge, skills and abilities necessary to prepare students to meet the New York State learning standards.

 

 

 

Why do mid-year teacher vacancies exist and in what subject areas?

 

School districts report that mid-year vacancies exist because teachers are promoted or reassigned, become ill, go on maternity or family leave, or retire or resign.  In addition, students can be classified as disabled or as having limited English proficiency at any time during the school year and this may create the need for additional teachers. Schools do not always have the ability to reassign existing staff to fill a vacancy immediately.

 

Information provided by the NYCDOE suggests that special education, bilingual special education, mathematics and science are the subject areas that experience the largest number of mid-year vacancies.  When vacancies occur mid-year in these subject areas it is extremely difficult to find qualified candidates.

 

The NYCDOE has recently announced a new initiative to centralize the process for hiring substitute teachers, a distinct but related issue. 

 

 

  What are schools doing about these teacher vacancies?

 

When principals declare vacancies, both the regional and NYCDOE Division of Human Resources staff seek to fill these positions during the school year.  Advertising and interviewing for vacancies occur year-round.  The NYCDOE Division of Human Resources has also instituted a rolling alternative certification program mid-year to address vacancies in the critical shortage areas of special education and mathematics.

 

The State Education Department’s Office of Teaching Initiatives Web-site also provides a link to the NYCDOE’s vacancy postings. 

 

 

Why aren’t all vacancies reported to the NYCDOE Division of Human Resources?

 

          Vacancies may not be reported to the NYCDOE’s Division of Human Resources for a number of reasons:

 

·       Sometimes vacancies are only temporary and the teacher is expected to return to work shortly.  This is particularly common in the case of maternity leave or short-term illness.

·       Sometimes principals will not post a vacancy until they have already interviewed candidates and are certain that there are highly qualified persons to fill a vacancy.

·       At the high school level, principals often reorganize at mid-year and may not wish to post a vacancy that occurs during the fall semester until they are able to identify the specific needs they will have for the spring semester.

 

          The NYCDOE Division of Human Resources has modified its database so that principals may no longer hire staff without posting a vacancy to the system. This will make it easier for the Division of Human Resources to monitor vacancies and new hires more comprehensively throughout the school year.

 

            

 

Conclusion

 

While the overall teacher shortage is decreasing, the New York City Department of Education continues to experience significant teacher recruitment needs, particularly in certain subject areas. Last school year, the NYCDOE recruited 9,000 new teachers and is projecting a need for 7,000 new teachers for the 2004-2005 school year. The elimination of temporary licenses in September 2004, the prospective elimination of modified temporary licenses in June 2006, and the requirement for teachers to be highly qualified under the NCLB, are all factors that have and will continue to impact recruitment efforts in NYC.  To help all school districts respond to these policy changes and to ensure that all students have access to qualified teachers, the State Education Department continues to provide technical assistance and support. Systems have been developed with the NYCDOE, in particular, to ensure that those individuals who have been issued MTLs and have completed the requirements for certification receive their certification as quickly as possible.   In May 2004, the Department implemented an expedited certification processing service for qualified candidates with pending employment opportunities. 

 

To assist school districts statewide in addressing teacher shortages in designated subject areas, the Department is proposing the creation of a supplementary teaching certificate.  A supplementary teaching certificate would enable already certified teachers, with additional qualifications, to begin teaching in shortage subject areas while completing the qualifications for a second certificate.  These certificates will allow school districts to better manage their workforce, and to provide incentives for certified teachers to take on new assignments in shortage areas while not jeopardizing students’ educational programs. A proposal is being advanced to the Regents this month on supplementary certificates.