New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter C - Teacher
Part 80 - Requirements for Teachers' Certificates and Teaching Practice
Subpart 80-5 - REQUIREMENTS RELATING TO CLASSROOM TEACHING AND EDUCATIONAL LEADERSHIP PRACTICE AND SPECIALIZED CREDENTIALS
Section 80-5.6 - Supplemental school personnel
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 80-5.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) For purposes of this section, school year shall mean a minimum of 180 days of full-time school experience or the substantial equivalent, as defined by the commissioner.
(b) Teacher aide.
A teacher aide may be assigned by the board of education to assist teachers in such nonteaching duties as:
(1) managing records, materials and
equipment;
(2) attending to the
physical needs of children; and
(3)
supervising students and performing such other services as support teaching
duties when such services are determined and supervised by teacher.
(c) Teaching assistant.
(1) Description and duties.
(i) Description. A teaching assistant is
appointed by a board of education to provide, under the general supervision of
a licensed or certified teacher, direct instructional service to
students.
(ii) Duties.
(a) Teaching assistants assist teachers by
performing duties such as:
(1) working with
individual pupils or groups of pupils on special instructional
projects;
(2) providing the teacher
with information about pupils that will assist the teacher in the development
of appropriate learning experiences;
(3) assisting pupils in the use of available
instructional resources, and assisting in the development of instructional
materials;
(4) utilizing their own
special skills and abilities by assisting in instructional programs in such
areas as: world languages other than English, arts, crafts, music and similar
subjects; and
(5) assisting in
related instructional work as required.
(b) Teaching assistants who hold the
pre-professional teaching assistant certificate shall have the same scope of
practice as other teaching assistants, in accordance with the duties prescribed
in clause (a) of this subparagraph. Within that scope of
practice, teaching assistants holding a pre-professional teaching assistant
certificate may, at the discretion of the employing district, and while under
the general supervision of a teacher, perform such duties as:
(1) working with small groups of children so
the teacher can work with a large group or individual children;
(2) helping a teacher to construct a lesson
plan;
(3) presenting segments of
lesson plans, as directed by the teacher;
(4) communicating with parents of students at
a school site or as otherwise directed by a teacher; and
(5) helping a teacher to train other teaching
assistants.
(2) Licensure and certification requirements.
(i) The requirements of this subparagraph
shall be applicable in the event that an application has been submitted to the
department on behalf of the candidate on or before February 1, 2004 for either
the temporary license or continuing certificate, and upon application the
candidate qualifies or has qualified for the credential; and for candidates who
do not meet this condition, the requirements of subparagraph (ii) of this
paragraph apply. Any such candidate employed as a teaching assistant shall hold
one of the following credentials:
(a)
Temporary license. Upon application of a superintendent of schools, a temporary
license as a teaching assistant may be issued to a person having the
qualifications defined in subclause (1) of this clause:
(1) Preparation. The candidate shall have
completed a four-year high school program or its equivalent. Such study shall
be supplemented by training and experience appropriate to the position in
question.
(2) The application for
this license shall be filed on forms prescribed by the commissioner and shall
include the following information: the name and address of the candidate; the
candidate's education; related teaching, administrative and/or supervisory
experience; occupational and/or practical experience; and other unusual
qualifications; a description of the teaching assistant's duties; a description
of how the teaching assistant will be supervised; a description of the
employing school district's in-service training program for teaching assistants
and the professional staff utilizing such personnel; and a description of the
district's plan for using teaching assistants.
(3) Time validity. The temporary license
shall be valid for one year from its effective date. No more than two temporary
licenses may be issued to the same individual.
(b) Continuing certificate. Upon application
of a superintendent of schools, a continuing certificate as a teaching
assistant may be issued to a person having the qualifications defined in
subclauses (1) and (2) of this clause:
(1) Preparation. The candidate shall have
completed six semester hours of appropriate collegiate study in or related to
the field of elementary and/or secondary school service at a regionally
accredited institution of higher education or at an institution approved by the
department. The commissioner may approve alternative preparation as required in
this paragraph.
(2) Experience. The
candidate shall have completed one year of experience as a licensed teaching
assistant or as a certified teacher in an approved school.
(3) Time validity. The continuing certificate
shall be valid continuously, except when the holder thereof has not been
regularly employed as a teaching assistant in the public schools of New York
for a period of five consecutive years, in which case the validity of the
certificate shall lapse.
(ii) The requirements of this subparagraph
shall apply to candidates who apply on or after February 2, 2004 for a
credential to work as a teaching assistant. The candidate shall apply to the
department for the certificate.
(a) Level I
teaching assistant certificate.
(1)
Preparation. The candidate shall meet the requirements in each of the following
items:
(i) Education. The candidate shall
have attained a high school diploma or its equivalent.
(ii) Examination. The candidate shall submit
evidence of having achieved a satisfactory level of performance on the New York
State assessment of teaching assistant skills.
(2) Time validity. The certificate shall be
valid for three years from its effective date. The certificate shall be
renewable on one occasion only for three years, except for a certificate that
already has been renewed once for a one-year term which may be renewed on one
additional occasion only for three years, provided that for a certificate to be
renewed the candidate must submit to the department adequate evidence
substantiating that the candidate has a commitment for employment in a teaching
assistant position under the level I teaching assistant certificate. For
individuals called to active duty, the validity period of the level I teaching
assistant certificate may be extended by the commissioner for a candidate
called to active duty in the Armed Forces for the period of active service and
an additional 12 months from the end of such service.
(b) Level II teaching assistant certificate.
(1) Preparation. The candidate shall meet the
requirements in each of the following items:
(i) Education. The candidate shall have
attained a high school diploma or its equivalent. In addition, the candidate
who applies for the certificate on or before February 1, 2007, shall be
required to have successfully completed a total of at least six semester hours
of collegiate study acceptable toward meeting the requirements for an associate
or baccalaureate degree and the candidate who applies for the certificate after
February 1, 2007 shall be required to have successfully completed a total of at
least nine semester hours of such collegiate study.
(ii) Examination. The candidate shall submit
evidence of having achieved a satisfactory level of performance on the New York
State assessment of teaching assistant skills.
(iii) Experience. The candidate shall submit
adequate evidence substantiating satisfactory employment as a teaching
assistant for one school year under a level I teaching assistant certificate or
an emergency COVID-19 teaching assistant certificate or under a temporary
license authorizing employment as a teaching assistant.
(2) Time validity. The certificate shall be
valid for three years from its effective date and shall not be renewable,
except that the validity period of the level II teaching assistant certificate
may be extended by the commissioner for a candidate called to active duty in
the Armed Forces for the period of active service and an additional 12 months
from the end of such service. The commissioner may also extend the time
validity of an expired level II teaching assistant certificate in increments of
one year for a candidate who has applied for citizenship or permanent
residency, and whose application for citizenship or permanent residency has not
been acted upon by the U.S. Citizenship and Immigration Services (USCIS) until
the USCIS acts upon such application. Such candidates must provide
documentation satisfactory to the department that they meet these requirements,
and that they have completed all other requirements for a level III
certificate.
(c) Level
III teaching assistant certificate.
(1)
Preparation. The candidate shall meet the requirements in each of the following
items:
(i) Education. The candidate shall
have attained a high school diploma or its equivalent and successfully
completed a total of at least 18 semester hours of collegiate study acceptable
toward meeting the requirements for an associate or baccalaureate
degree.
(ii) Examination. The
candidate shall submit evidence of having achieved a satisfactory level of
performance on the New York State assessment of teaching assistant
skills.
(iii) Experience. The
candidate shall submit adequate evidence substantiating satisfactory employment
as a teacher in the classroom teaching service as defined in section
80-1.1
of this Part, a teaching assistant for one school year under a level I teaching
assistant certificate, a level II teaching assistant certificate, or an
emergency COVID-19 teaching assistant certificate, or under a temporary license
authorizing employment as a teaching assistant.
(2) Validity of certificate. The level III
teaching assistant certificate shall be continuously valid.
(d) Pre-professional teaching
assistant certificate.
(1) Preparation. The
candidate shall meet the requirements in each of the following items:
(i) Education. The candidate shall have
attained a high school diploma or its equivalent, successfully completed a
total of at least 18 semester hours of collegiate study acceptable toward
meeting the requirements for an associate or baccalaureate degree, and be
matriculated in a program registered as leading to teacher certification
pursuant to section
52.21
of this Title, or its equivalent, or in a program with an articulation
agreement with such a program.
(ii)
Examination. The candidate shall submit evidence of having achieved a
satisfactory level of performance on the New York State assessment of teaching
assistant skills.
(iii) Experience.
The candidate shall submit adequate evidence substantiating satisfactory
employment as a teaching assistant for one school year under a level I teaching
assistant certificate, a level II teaching assistant certificate, a level III
teaching assistant certificate, or an emergency COVID-19 teaching assistant
certificate, or under a temporary license or continuing certificate authorizing
employment as a teaching assistant.
(2) Validity of certificate and renewal of
certificate. The certificate shall be valid for five years from its effective
date, at which time it must be renewed to be valid. In order to be renewed, the
holder of the certificate shall demonstrate matriculation in a program
registered as leading to teacher certification pursuant to section
52.21
of this Title, or its equivalent, or in a program with an articulation
agreement with such a program, and completion during the five-year period in
which the certificate is held of 30 semester hours of coursework in such a
program. For individuals called to active duty in the Armed Forces, the
validity period for a pre-professional teaching assistant certificate and any
renewal of such certificate may be extended by the commissioner for the time of
active service and an additional 12 months from the end of such
service.
(d) Visiting lecturer.
(1) Upon application of a superintendent of
schools, a time-limited license as visiting lecturer may be issued to a person
having unusual qualifications in a specific subject to supplement the regular
program of instruction.
(2) The
request shall be submitted on forms prescribed by the commissioner and shall
include the following information:
(i) the
name and address of the candidate;
(ii) the specific subject for which the
license is to be issued;
(iii) the
institutions attended by the candidate, major subject field, degrees or number
of semester hours earned, and dates of degrees;
(iv) the candidate's experience pertinent to
the unusual qualifications;
(v) the
program to be supplemented; and
(vi) the extent of service to be rendered by
the visiting lecturer.
(3) Time validity. The license shall be valid
for one year from its effective date.
(e) Authorization for supplementary service in areas for which no certificate exists.
(1) Upon the approval of the commissioner, a
permit may be granted to a school district for employment of a qualified person
for a position in the public schools for which no certificate currently exists.
The superintendent of schools applying for such authorization shall submit:
(i) a detailed job description outlining the
nature of the position;
(ii) a
statement of the qualifications which are deemed necessary for candidates for
the position; and
(iii) a listing
of the candidate or candidates holding the necessary qualifications and
eligible for appointment to the position if the permit is granted.
(2) Time validity. A permit
granted pursuant to this subdivision shall be valid for employment in the
district for which it is granted for a period not to exceed two years unless
further extended by the commissioner for intervals not to exceed five
years.
(f) Authorization for service under an out-of-state certificate for certain servicemembers and spouses.
(1) Definitions. For purposes of
this subdivision, the following terms shall have the following meanings:
(i) "Servicemember" shall have the same
meaning as defined in 50
U.S.C. 3911(1).
(ii) "Military service" shall have the same
meaning as defined in 50
U.S.C.
3911(2).
(2) Eligibility. A United States
servicemember or servicemember's spouse, either of whom holds a valid educator
certificate or license in good standing in another state or jurisdiction in the
United States other than New York State and has actively used such license
during the two years preceding the relocation, and who relocates their
residency because of a military order or orders for military service in New
York State may practice under the out-of-state certificate or license in New
York State if he or she meets the requirements for a permit prescribed in this
section. For purposes of this section, a permit shall be considered the same as
a certificate to practice as a professional educator.
(3) Application. The servicemember or
servicemember's spouse shall submit in a form acceptable to the department an
application for the permit, which shall include:
(i) A copy of military order or orders that
relocate the servicemember to New York State that include the expiration date
(if any) of such orders;
(ii) A copy
of the valid educator certificate or license, including the expiration date of
such certificate, from the other state or jurisdiction of the United States
that authorizes the applicant to practice in the same area in which the
servicemember or servicemember's spouse seeks to practice in New York State and
is equivalent to an initial, provisional, professional, or permanent
certificate;
(iii) An attestation
that the servicemember or servicemember's spouse submits to the full
disciplinary and regulatory authority of the Board of Regents and the
department, including but not limited to standards of practice, discipline, and
fulfillment of any continuing education requirements for the area in which the
permit is issued;
(iv) Verification
of good standing by the current state(s) or jurisdiction(s) of certification or
licensure to practice as an educator in that jurisdiction(s). If the area of
the certificate or license is not comparable to a New York State certificate,
the servicemember or servicemember's spouse may not practice in the area of the
certificate or license in New York State; and
(v) Verification of two years of satisfactory
experience in the other state or jurisdiction of the United States in a
position that would have required the equivalent of an initial, provisional,
professional, or permanent certificate in the area of the permit sought as an
educator for employment in New York State and while under a certificate or
license issued by such other state or jurisdiction authorizing such service,
provided that such experience was completed during the two years immediately
preceding the relocation.
(4) The servicemember or servicemember's
spouse shall meet the requirements in section
80-1.11 of this Part and Part 87 of
this Title relating to criminal history checks and the requirement in Part 83
of this Title that such applicant be of good moral character.
(5) Time Validity. Except as otherwise
prescribed in this subdivision, the permit shall be valid for the duration of
the military order or orders for service in New York State or for the time
period during which the out-of-state certificate or license is valid, whichever
length of time ends first; provided, however, that if disciplinary action is
taken against the permit holder by the other state or jurisdiction in which
they hold a certificate or license, the permit shall no longer be valid as the
servicemember or servicemember's spouse would no longer be in good standing in
such other state or jurisdiction.
(i) If such
order or orders do not include an expiration date and the out-of-state
certificate or license does not include an expiration date, the permit shall
not have an expiration date until such order or orders are revised or updated
or the out-of-state certificate or license is updated to include an expiration
date.
(ii) If the duration of such
order or orders changes, the permit holder shall notify the department and
provide the revised or updated military order or orders for service in New York
State showing the updated expiration date of such orders. If the time period
during which the out-of-state certificate or license is valid changes, the
permit holder shall notify the department and provide documentation showing the
updated certificate or license expiration date. If disciplinary action is taken
against the permit holder by the other state or jurisdiction in which they hold
a certificate or license, the permit holder shall notify the
department.
(iii) The department
shall change the expiration date of the permit based on the revised or updated
military order or orders for service in New York State that show a new or
updated expiration date of such orders or documentation showing the updated end
date of service or certificate or license expiration date.
(6) Individuals who meet the requirements
prescribed in this subdivision and hold a valid permit are subject to the moral
character review process pursuant to Part 83 of this Title. Failure to provide
revised or updated military order or orders for service in New York State
and/or documentation showing an updated certificate or license expiration date
may constitute grounds for a moral character review.
(7) Individuals who meet the requirements
prescribed in this subdivision, hold a valid permit in the classroom teaching
service, pupil personnel service, or as a school building leader, and are
employed as a full-time educator:
(i) shall be
considered a professional educator pursuant to subpart 30-1 of this Title and
shall be appointed to tenure or to a probationary period in a tenure area
identified in subpart 30-1 of this Title; and
(ii) shall be subject to any evaluation
requirements prescribed in Part 30 of this Title. For classroom teachers and
building principals, in order to be appointed to tenure, such educators shall
be subject to the same requirements prescribed in the education law related to
satisfactory service and annual evaluations as any other classroom teacher or
building principal.
(8)
Individuals who meet the requirements prescribed in this subdivision and hold a
permit in the classroom teaching service or educational leadership service for
five or more years shall be subject to the continuing teacher and leader
education requirements pursuant to Part 80-6.
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