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THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
The Honorable the Members of the Board of Regents |
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FROM: |
Johanna Duncan-Poitier
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COMMITTEE: |
Higher Education and Professional Practice |
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TITLE OF
ITEM: |
Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Title of the Executive Director of the Office of Teaching Initiatives and the Extension in Gifted Education of a Teaching Certificate |
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DATE OF
SUBMISSION: |
October 8, 2004 |
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PROPOSED
HANDLING: |
Approval (Consent Agenda) |
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RATIONALE FOR
ITEM: |
To Implement Policy |
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STRATEGIC
GOAL: |
Goal 3 |
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AUTHORIZATION(S): |
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SUMMARY:
Attached for approval is a proposed amendment to sections 80-3.6, 80-4.1, 80-4.3, 83.1, 83.3, 83.5, 87.5, and 87.6 of the Regulations of the Commissioner of Education, relating to the title of the Executive Director of the Office of Teaching Initiatives and the extension in gifted education of a teaching certificate. 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
update the title of the head of the State Education Department's Office of
Teaching Initiatives in various provisions of the Regulations of the
Commissioner of Education and defer implementation of the effective date of the
requirement for a gifted education extension of a teaching
certificate.
The proposed amendment is needed to conform
the Regulations of the Commissioner of Education to changes made in the
organization of the Office of Higher Education. Specifically, the former title of
Executive Coordinator of the Office of Teaching has been changed to Executive
Director of the Office of Teaching Initiatives. The amendment updates
references to this title in regulations concerning professional development for
teachers holding a professional certificate, teacher moral character
proceedings, and proceedings for the denial of clearance for employment or
certification based upon a criminal history
check.
The amendment is also needed to
defer implementation until September 1, 2005 of the requirement that a teacher
must hold a gifted education extension of a teaching certificate, or have
obtained from the Department a statement of continued eligibility based upon
employment in this field, in order to provide education for gifted pupils in
State funded gifted and talented programs.
At the present time, there are insufficient options available for
candidates to take the course work they need to have completed for this
extension. Deferring implementation
of the effective date will permit colleges time to develop and offer the course
work and candidates additional opportunities to complete it.
The proposed amendment was discussed at the September 2004 meeting of the Board of Regents. A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on August 18, 2004.
I recommend that the Board of Regents take the following action:
VOTED: That paragraph (2) of subdivision (c) of section 80-3.6, paragraph (2) of subdivision (g) of section 80-3.6, subparagraph (ii) of paragraph (2) of subdivision (h) of section 80-3.6, subparagraph (iv) of paragraph (2) of subdivision (h) of section 80-3.6, subparagraph (ii) of paragraph (3) of subdivision (h) of section 80-3.6, subparagraph (vi) of paragraph (3) of subdivision (h) of section 80-3.6, paragraph (4) of subdivision (h) of section 80-3.6, subparagraph (i) of paragraph (5) of subdivision (h) of section 80-3.6, subdivision (a) of section 80-4.1, subdivision (d) of section 80-4.3, subdivision (c) of section 83.1, section 83.3, subdivision (a) of section 83.5, paragraph (2) of subdivision (b) of section 83.5, subparagraph (vii) of paragraph (4) of subdivision (a) of section 87.5, subparagraph (viii) of paragraph (4) of subdivision (a) of section 87.5, paragraph (5) of subdivision (a) of section 87.5, subdivision (b) of section 87.5, and subdivision (b) of section 87.6 of the Regulations of the Commissioner of Education be amended, as submitted, effective November 25, 2004.
Attachment
AMENDMENT TO THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION
Pursuant to sections 207, 305,
3001, 3004, 3004-c, 3006, 3009, 3010, and 3035 of the Education
Law.
1. Paragraph (2) of subdivision (c) of
section 80-3.6 of the Regulations of the Commissioner of Education is amended,
effective November 25, 2004, as follows:
(2) A certificate holder may request from the
[executive coordinator of the office of teaching] executive director of the
Office of Teaching Initiatives an adjustment to the professional development
requirement at any time during the professional development period, except that
the certificate holder shall be required to comply with the timeframes
prescribed in the due process requirements of subdivision (h) of this section,
if the request is made after an initial notification, as prescribed in such
subdivision, that the department's records show that the professional
development requirements have not been met.
2.
Paragraph (2) of subdivision (g) of section 80-3.6 of the Regulations of
the Commissioner of Education is amended, effective November 25, 2004, as
follows:
(2) Each certificate holder
required to complete the professional development requirement pursuant to this
section shall report to the [executive coordinator of the office of teaching]
executive director of the Office of Teaching Initiatives his or her
current mailing address. Each such
certificate holder shall report to the executive [coordinator] director a
change of his or her mailing address within 30 days of such change. Failure to provide the executive
[coordinator] director with a valid current mailing address may result in
the suspension of the validity of the teaching certificate or certificates for
which professional development is required, as prescribed in subparagraph
(h)(2)(ii) of this section.
3. Subparagraph (ii) of paragraph (2) of
subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of
Education is amended, effective November 25, 2004, as
follows:
(ii) If the initial
notification, prescribed in subparagraph (i) of this paragraph, is returned to
the department as undeliverable because the mailing address provided by the
certificate holder to the [executive coordinator or the office of teaching]
executive director of the Office of Teaching Initiatives is not current
or valid, the department shall make a reasonable search of its records for a
current or valid address at which the certificate holder may be reached, which
may include but is not limited to a business address. If such an address is found, the initial
notification shall be sent again to the certificate holder by first class
mail. If such an address is not
found after a reasonable search, or if the initial notification is again
returned as undeliverable, the commissioner shall execute an order suspending
the validity of the certificate(s) for which professional development is
required, which shall be served upon the certificate holder by certified mail,
return receipt requested, at the most current mailing address provided by the
certificate holder to the [executive coordinator of the office of teaching]
executive director of the Office of Teaching Initiatives.
4. Subparagraph (iv) of paragraph (2) of
subdivision (h) of section 80-3.6 of the Regulations of the Commissioner of
Education is amended, effective November 25, 2004, as
follows:
(iv) If the certificate holder defaults on
responding to the initial notification; or fails to demonstrate that he or she
has met the requirement or that an adjustment is warranted to meet the
requirement, the department shall notify the certificate holder by first class
mail that the validity of his or her certificate(s) for which the professional
development requirement has not been met shall be suspended for failure to meet
such requirement, unless the certificate holder submits a written request for a
hearing to the [executive coordinator of the office of teaching] executive
director of the Office of Teaching Initiatives within 30 days of the date of
the mailing of such notification letter.
Such notification shall state the basis for the determination that the
professional development requirement has not been met. Where the certificate holder has
requested an adjustment and it has been denied, such notification shall also
state that the adjustment has been denied and the basis for such denial.
5.
Subparagraph (ii) of paragraph (3) of subdivision (h) of section 80-3.6
of the Regulations of the Commissioner of Education is amended, effective
November 25, 2004, as follows:
(ii) The [executive coordinator of the office
of teaching] executive director of the Office of Teaching Initiatives
shall schedule the hearing, which shall take place within 30 days of receipt of
such request. At least 15 days
before the hearing, the [executive coordinator of the office of teaching]
executive director of the Office of Teaching Initiatives shall notify the
certificate holder by first class mail of the time and place of said
hearing.
6.
Subparagraph (vi) of paragraph (3) of subdivision (h) of section 80-3.6
of the Regulations of the Commissioner of Education is amended, effective
November 25, 2004, as follows:
(vi) No later than 15 days after the
conclusion of the hearing, the panel of the professional practices subcommittee
of the State Professional Standards and Practices Board for Teaching shall send
by first class mail to the [executive coordinator of the office of teaching]
executive director of the Office of Teaching Initiatives and the
certificate holder, a report of its findings and recommendations, together with
a copy of the record of the hearing testimony. Such panel shall either recommend that
the validity of the certificate holder's certificate(s) shall be continued
because the certificate holder has met the professional development requirement;
or that the validity of the certificate holder's certificate(s) shall be
continued because the certificate holder has met or will meet an adjusted
requirement, which may include but is not limited to, permitting additional time
to meet the requirement and/or adjusting the number of clock hours; or that the
validity of a certificate holder's certificate(s) shall be suspended because the
certificate holder has not met the professional development requirement. The findings and recommendations of such
panel shall be based solely upon the record and shall set forth the factual
basis therefor.
7.
Paragraph (4) of subdivision (h) of section 80-3.6 of the Regulations of
the Commissioner of Education is amended, effective November 25, 2004, as
follows:
(4) If no appeal is commenced by the
certificate holder or the [executive coordinator of the office of teaching]
executive director of the Office of Teaching Initiatives within 30 days
of the date of the mailing of the notification to the certificate holder of the
findings and recommendations of the panel of the professional standards
subcommittee of the State Professional Standards and Practices Board for
Teaching, as prescribed in paragraph (5) of this subdivision, the commissioner
shall adopt the recommendations and findings of such panel. In the case of a suspension of the
validity of a certificate(s), the commissioner shall issue an order to that
effect, which shall be served upon the certificate holder by certified mail,
return receipt requested, and for certificate holders employed by an applicable
school in New York, the department shall notify such school that the validity of
the individual's certificate(s) has been suspended until the professional
development requirements of this section are
met.
8.
Subparagraph (i) of paragraph (5) of subdivision (h) of section 80-3.6 of
the Regulations of the Commissioner of Education is amended, effective November
25, 2004, as follows:
(i) Within 30 days of the date of the mailing
of the notification to the certificate holder of the findings and
recommendations of the panel of the professional standards subcommittee of the
State Professional Standards and Practices Board for Teaching, the certificate
holder may commence an appeal to the commissioner pursuant to clause (a) of this
subparagraph or the [executive coordinator of the office of teaching]
executive director of the Office of Teaching Initiatives may
commence an appeal to the commissioner pursuant to clause (b ) of this
subparagraph. Upon appeal by the certificate holder or the [executive
coordinator of the office of teaching] executive director of the
Office of Teaching Initiatives, the [executive coordinator of the office of
teaching] executive director of the Office of Teaching Initiatives shall
transmit to the commissioner a copy of the complete record of the hearing before
the panel of the professional practices subcommittee of the State Professional
Standards and Practices Board [For] for
Teaching.
(a) Appeal by certificate holder. The
certificate holder may commence an appeal of the findings and recommendations of
the panel of the professional practices subcommittee of the State Professional
Standards and Practices Board for Teaching by filing the original appeal papers
with the commissioner, with proof of service by first class mail upon the
[executive coordinator of the office of teaching] executive director of the
Office of Teaching Initiatives. The [executive coordinator of the office of
teaching] executive director of the Office of Teaching Initiatives may
file a written response with the commissioner within 30 days of the mailing of
such appeal papers, with proof of service by first class mail on the certificate
holder or the attorney of record of such certified
individual.
(b) Appeal by the [executive coordinator of
the office of teaching] executive director of the Office of Teaching
Initiatives. The [executive coordinator of the office of teaching]
executive director of the Office of Teaching Initiatives may commence an
appeal of the findings and recommendations of the panel of the professional
practices subcommittee of the State Professional Standards and Practices Board
for Teaching to the commissioner by filing the original appeal papers with the
commissioner, with proof of service by first class mail upon the certificate
holder. The certificate holder may file a written response with the commissioner
within 30 days of the mailing of such appeal papers, with proof of service by
first class mail on the [executive coordinator of the office of teaching]
executive director of the Office of Teaching
Initiatives.
(c) In the event that both the certificate
holder and the [executive coordinator of the office of teaching] executive
director of the Office of Teaching Initiatives commence an appeal to the
commissioner within the time period prescribed in this subparagraph, such
appeals shall be automatically consolidated and each party shall be permitted to
file a written response with the commissioner within 30 days of the mailing of
the other party's appeal papers, with proof of service by first class
mail upon the other party.
9.
Subdivision (a) of section 80-4.1 of the Regulations of the Commissioner
of Education is amended, effective November 25, 2004, as
follows:
(a) Application of this Subpart [and
definitions].
(1) Candidates who apply for extensions or
annotations of teachers' certificates on or after February 2, 2004 shall meet
the requirements of this Subpart, unless otherwise provided in this
Subpart. Candidates who apply for
extensions or annotations of teachers' certificates on or before February 1,
2004, and qualify for such extensions or annotations effective on or before
February 1, 2004, shall meet the requirements of Subpart 80-2 of this Part, and
candidates who do not meet this condition shall be subject to the requirements
of this Subpart, unless otherwise provided in this Subpart.
(2) On or
after September 1, 2005, the extension in gifted education shall be required to
authorize a candidate to provide education for gifted pupils, as such term is
defined in section 4452 of the Education Law, within a gifted and talented
program which is funded pursuant to the Education Law and in accordance with
Part 142 of this Title.
10. Subdivision (d) of section 80-4.3 of the
Regulations of the Commissioner of Education is amended, effective November 25,
2004, as follows:
(d) Requirements for the
extension for gifted education.
(1) [This] Effective
September 1, 2005, this extension shall authorize the candidate to provide
education for gifted pupils, as such term is defined in section 4452 of the
Education Law, within a gifted and talented program which is funded pursuant to
the Education Law and in accordance with Part 142 of this Title.
(2) . . .
(3) Statement of continued
eligibility. (i) A person employed
in a position in New York State as a teacher within a gifted and talented
program which is funded pursuant to the Education Law and in accordance with
Part 142 of this Title for three [of the five years immediately preceding
February 2, 2004] years in the period between September 1, 1998 and August
31, 2005 may be issued a statement of continued eligibility pursuant to
which such person may continue to teach in such a program without the extension
prescribed in this subdivision, provided such person holds a permanent or
professional certificate in the classroom teaching
service.
(ii) A statement of continued
eligibility shall be limited to the specific permanent or professional
certificate held authorizing classroom teaching, as prescribed in subparagraph
(i) of this paragraph, but shall be valid for service in any school
district.
(iii) . . .
11. Subdivision (c) of section
83.1 of the Regulations of the Commissioner of Education is amended, effective
November 25, 2004, as follows:
(c) Information in the
possession of any person indicating that an applicant for a teaching certificate
has been convicted of a crime, or has committed an act which raises a reasonable
question as to the individual’s moral character, may be referred to the
[executive coordinator for the teaching professions] executive director of
the Office of Teaching Initiatives of the State Education Department. Information in the possession of any
person indicating that an individual holding a teaching certificate has been
convicted of a crime, or has committed an act which raises a reasonable question
as to the individual’s moral character, may be referred to the professional
conduct officer of the department.
12. Section 83.3 of the Regulations of the
Commissioner of Education is amended, effective November 25, 2004, as
follows:
83.3 Review by
board.
If upon review of the report of
the professional conduct officer, such board or subcommittee concludes that a
certified individual’s moral character is adequate to permit continued
certification as a teacher, or that an applicant’s moral character is adequate
to permit certification as a teacher, a report to this effect shall be forwarded
by the board or subcommittee to the [executive coordinator of the teaching
professions] executive director of the Office of Teaching
Initiatives. If upon such
review, the board or subcommittee concludes that a substantial question exists
as to the moral character of a certified individual or an applicant, notice of
the basis for this conclusion and a copy of this Part shall be sent by certified
mail, return receipt requested, to the certified individual or
applicant.
13.
Subdivision (a) of section 83.5 of the Regulations of the Commissioner of
Education is amended, effective November 25, 2004, as
follows:
(a) Appeal by certified individual or
applicant. The certified individual or applicant may commence an appeal of the
findings and recommendations of the hearing officer by filing the original
appeal papers with the commissioner, with proof of service by regular mail upon
the [executive coordinator for the teaching professions] executive
director of the Office of Teaching Initiatives. The [executive coordinator for the
teaching professions] executive director of the Office of Teaching
Initiatives may file a written response with the commissioner within 30 days
of being served with such appeal papers, with proof of service by regular mail
on the certified individual or applicant or the attorney of record of such
certified individual or applicant.
14.
Paragraph (2) of subdivision (b) of section 83.5 of the Regulations of
the Commissioner of Education is amended, effective November 25, 2004, as
follows:
(2) Such review shall be
commenced by service of a notice of intent to review on the certified individual
or applicant or the attorney of record of the certified individual or applicant,
by certified mail, return receipt requested. The certified individual or applicant
may file a written response with the commissioner within 30 days of being served
with such notice, with proof of service by regular mail on the [executive
coordinator for the teaching professions] executive director of the Office of
Teaching Initiatives. The
[executive coordinator for the teaching professions] executive director of
the Office of Teaching Initiatives may file a written response with the
commissioner within 30 days of service of such notice, with proof of service by
regular mail on the certified individual or applicant. In the event the certified individual or
applicant files an appeal on or after the date the commissioner initiates review
under this subdivision, the appeal shall be automatically consolidated with the
review proceeding and the appeal papers shall constitute the written response of
the certified individual or applicant under this
subdivision.
15. Subparagraph (vii) of
paragraph (4) of subdivision (a) of section 87.5 of the Regulations of the
Commissioner of Education is amended, effective November 25, 2004, as
follows:
(vii) Where the prospective
school employee does not submit a response within the timeframe prescribed in
subparagraph (vi) of this paragraph, the department shall make a determination
denying clearance for employment and notification of such denial, along with the
basis for such determination, shall be transmitted to the prospective school
employee by certified mail, return receipt requested. In the case of a prospective school
employee requesting conditional clearance for employment, such determination
shall also deny the conditional clearance for employment. In the case of a prospective school
employee who has already been granted conditional clearance for employment, such
determination shall also terminate the conditional clearance for
employment. Such notification shall
state that the prospective school employee may appeal the determination to the
[executive coordinator of the Office of Teaching] executive director of the
Office of Teaching Initiatives of the State Education Department at the
address specified in the notification, in accordance with paragraph (5) of this
subdivision, and shall include instructions for such an appeal. Notification of the denial of clearance
for employment and denial or termination of conditional clearance for employment
shall also be given to the covered school.
16. Subparagraph (viii) of
paragraph (4) of subdivision (a) of section 87.5 of the Regulations of the
Commissioner of Education is amended, effective November 25, 2004, as
follows:
(viii) Where the prospective
school employee submits a response within the timeframe prescribed in
subparagraph (vi) of this paragraph, the department shall, upon review of the
prospective school employee’s criminal history record, related information
obtained by the department pursuant to the review of such criminal history
record, and information and written argument provided by the prospective school
employee in his or her response, make a determination on whether clearance for
employment shall be granted or denied.
In such review, the department shall apply the standards for the granting
or denial of a license or employment application set forth in Correction Law,
section 752 and shall consider the factors specified in Correction Law, section
753. Such review shall be conducted
in accordance with the requirements of section 296(16) of the Executive
Law. Where the department’s
determination is that clearance for employment is denied, the decision shall
include the basis for such determination, and shall state that the prospective
employee may appeal the department’s determination to the [executive coordinator
of the Office of Teaching] executive director of the Office of Teaching
Initiatives of the State Education Department at the address specified in
the determination, in accordance with paragraph (5) of this subdivision, and
shall include instructions for such an appeal. A copy of the determination that
clearance for employment is denied, or notice that such clearance is granted, as
the case may be, shall be transmitted to the prospective school employee. Where clearance for employment is
denied, such determination shall be sent to the prospective school employee by
certified mail, return receipt requested.
Where clearance for employment is granted, such determination shall be
sent to the prospective school employee by regular first class mail. Where clearance for employment is denied
and the prospective school employee also requested conditional clearance for
employment, such determination shall also deny the conditional clearance for
employment. Where clearance for
employment is denied and the prospective school employee has already been
granted conditional clearance for employment, such determination shall also
terminate the conditional clearance for employment. In addition, the covered school shall be
notified of the denial or granting of
clearance.
17. Paragraph (5) of subdivision (a) of
section 87.5 of the Regulations of the Commissioner of Education is amended,
effective November 25, 2004, as follows:
(5) Appeal of department’s
determination.
(i) A prospective school
employee who was denied clearance for employment by a determination of the
department pursuant to paragraph (4) of this subdivision, may appeal that
determination to the [executive coordinator of the Office of Teaching]
executive director of the Office of Teaching Initiatives of the State
Education Department, provided that such appeal is mailed by regular first class
mail or certified mail or is hand delivered to the address specified in the
department’s determination within 25 calendar days of the mailing of such
determination denying clearance.
Such appeal shall be heard by the [executive coordinator of the Office of
Teaching of the State Education Department] executive director of the Office
of Teaching Initiatives or a State review officer designated by the
executive [coordinator] director who did not participate in the
department’s determination.
(ii) . .
.
(iii) Such appeal papers,
submitted within the [timeframe] timeframes prescribed in subparagraphs
(i) or (ii) of this paragraph, may include any affidavits or other
relevant written information and written argument which the prospective school
employee wishes the executive [coordinator] director, or a State review
officer designated by the executive [coordinator] director, to consider
in support of the position that clearance for employment should be granted,
including, where applicable, information in regard to his or her good conduct
and rehabilitation. The prospective
school employee may request oral argument and must do so in the appeal papers
submitted within the timeframes prescribed in subparagraphs (i) or (ii) of this
paragraph. Such oral argument shall
be conducted in accordance with the requirements of subparagraph (iv) of this
paragraph.
(iv) A prospective school
employee may request oral argument as part of the appeal of the department’s
determination denying clearance for employment. The department shall notify the
prospective school employee of the time and location of such oral argument. Such argument shall be heard before the
executive [coordinator] director, or a State review officer designated by
the executive [coordinator] director. At the oral argument, the prospective
school employee may present additional affidavits or other relevant written
information and written argument which the prospective school employee wishes
the executive [coordinator] director, or the State review officer
designated by the executive [coordinator] director, to consider in
support of the position that clearance for employment should be granted,
including, where applicable, written information in regard to his or her good
conduct and rehabilitation. No
testimony shall be taken at the oral argument and no transcript of oral argument
shall be made. The prospective
school employee may make an audio tape recording of the oral argument. However, such audio tape recording or
transcript thereof shall not be part of the record upon which the executive
[coordinator] director or a State review officer designated by the
executive [coordinator] director makes the determination on whether
clearance for employment shall be granted or
denied.
(v) Where a timely request for
an appeal is received, upon review of the prospective school employee’s criminal
history record, related written information obtained by the department pursuant
to the review of such criminal history record, written information and written
argument submitted by the prospective school employee in this appeal within the
timeframes prescribed in subparagraphs (i) or (ii) of this paragraph, and
written information provided at oral argument if requested by the prospective
school employee, the [executive coordinator of the Office of Teaching of the
State Education Department] executive director of the Office of Teaching
Initiatives, or a State review officer designated by the executive
[coordinator] director who did not participate in the department’s
determination, shall make a determination of whether clearance for employment
shall be granted or denied. In such
appeal, the executive [coordinator] director or his or her designee shall
apply the standards for the granting or denial of a license or employment
application set forth in Correction Law, section 752 and shall consider the
factors specified in Correction Law, section 753. Such appeal shall be conducted in
accordance with the requirements of section 296(16) of the Executive Law. Where the determination of the executive
[coordinator] director, or his or her designee, is that clearance for
employment is denied, his or her decision shall include the findings of facts
and conclusions of law upon which the determination is based. A copy of the determination that
clearance for employment is denied, or notice that such clearance is granted, as
the case may be, shall be transmitted to the prospective school employee by
regular first class mail. In
addition, the covered school shall be notified of the denial or granting of
clearance.
18. Subdivision (b) of section 87.5 of the
Regulations of the Commissioner of Education is amended, effective November 25,
2004, as follows:
(b) Procedures for clearance for
certification. Where the criminal
history record reveals conviction of a crime, or an arrest for a crime, the
department shall transmit the criminal history record and related information to
the department’s [executive coordinator of the Office of Teaching] executive
director of the Office of Teaching Initiatives for a determination of good
moral character pursuant to Part 83 of this Title, which procedure shall
determine the clearance for certification.
19. Subdivision (b) of section
87.6 of the Regulations of the Commissioner of Education is amended, effective
November 25, 2004, as follows:
(b) For applicants for or holders of certification pursuant to Part 80 of this Title, for whom subsequent criminal history notifications reveal an arrest for a crime, the department shall transmit such information to the department’s [executive coordinator of the Office of Teaching] executive director of the Office of Teaching Initiatives for a determination of good moral character pursuant to Part 83 of this Title.