Current through Register Vol. 46, No. 12, March 20, 2024
(a) Each applicant shall submit, in a format
specified by the commissioner, such data concerning the education, training,
experience and other qualifications, including supporting documentation, of the
administrative, supervisory and instructional staff of the school as the
commissioner may require. Upon submission of an application for a director, the
owner shall attest to the applicant's ability to comply with the provisions of
this section. Pursuant to section
5002(6) of the Education
Law, all applications for teachers and directors shall be mailed or submitted
electronically to the commissioner four days prior to employment at the school,
an d must be completed, with all supporting materials and fees required for
evaluation of the file, within 20 days thereafter. However, the commissioner,
for good cause shown, may extend the time within which to complete the
application. When a complete application is made, the commissioner shall act
upon such application within 30 days. If no written denial is made within 30
days, the application shall be deemed to be approve d until the commissioner
acts upon it or until the end of the term or semester, whichever occurs first.
If a written denial is made after the 30-day period, the commissioner may allow
the applicant to teach at the school f or the remainder of the term or semester
if the commissioner determines that the removal of the teacher would not be in
the best interest of students. If a teacher or director application, submitted
to the department is mailed and postmarked , or electronically submitted less
than four days prior to the employment of such individual, is evaluated and is
subsequently determined that the applicant is not qualified pursuant to the
provisions of this section, the school may be subject to disciplinary action
pursuant to section
5003 of the Education Law, if such conduct
constitutes a pattern of abuse. As used in this subdivision, a pattern of abuse
is defined as violations which occur three or more times in a 12-month
period.
(b) The commissioner shall
issue the following types of licenses and permits:
(1) Director's license or permit--issued to
qualified directors.
(2) Teacher's
license or permit--issued to qualified instructors or supervisors.
(c) Directors' licenses shall be
valid only for the school for which they are issued. No individual may be
employed as a director at more than one school without the approval of the
commissioner.
(1) Teachers' permits or
licenses, issued on or after December 15, 2012, shall be valid at any licensed
private career school only for the curricula, courses/content areas or
occupations listed on the license.
(2) Teachers' permits or licenses issued
prior to December 15, 2012, including licenses for teaching specific
occupational subjects or specific subjects certified by a nationally recognized
vendor, or the licenses approved pursuant to subdivision (k) of this section
shall be valid only for the school or schools, curricula, courses/content areas
or occupation indicated on the license, except that a teacher's license issued
to a teacher in a registered business school/computer training facility on or
after January 1, 1987 shall be valid at all licensed private career schools for
the courses, curricula/content areas or occupation indicated on the license.
Teachers holding valid private school teacher licenses valid at only one school
location shall have them replaced, at no cost, with licenses valid at any
licensed school in the same subject or subjects and with the same expiration
date as was listed on the previous teaching license.
(d) Each licensed private career school shall
employ a director who shall be responsible for all activities of the school or
done in the name of the school. A director shall meet the requirements of this
subdivision to be licensed by the department and, pursuant to section
5004(4-a) of the Education
Law, may apply for a private school agent's certificate on forms prescribed by
the commissioner without incurring the agent application fees.
(1) Preparation. Directors shall meet the
preparation requirements for licensure prescribed in subparagraph (i) or (ii)
of this paragraph, as applicable, and also the preparation requirement in
subparagraph (iii) of this paragraph.
(i)
Directors of licensed private career schools shall meet the following
preparation requirements:
(a) have completed
an approved four-year high school program or hold a high school equivalency
diploma; and
(b) have at least five
years of acceptable practical experience in one or more of the courses taught
in the school, or five years of acceptable teaching experience in one or more
of the courses taught in the school, or five years of acceptable administrative
or supervisory experience, or a combination of such acceptable experience
amounting to at least five years; or
(c) have received an appropriate
baccalaureate or higher degree upon completion of an approved college program
in the field of business administration, educational administration, or public
administration.
(ii) In
addition to meeting the preparation requirements of subparagraph (i) of this
paragraph, all directors shall have completed an approved 15 clock-hour course
offered by the department in private school administration prior to receiving a
full director license.
(iii) Upon a
finding by the commissioner that an applicant for licensure possesses
education, training and/or experience that is substantially equivalent to a
preparation requirement of this paragraph, the commissioner may accept such
education, training and/or experience in lieu of meeting the preparation
requirement of this paragraph.
(2) Directors shall be of good moral
character, as determined by the commissioner.
(3) Directors shall have the administrative
and educational competency to operate a school, as determined by the
commissioner. The factors considered by the commissioner in evaluating
administrative and educational competency shall include, but not be limited to,
patterns of violations of the duties and responsibilities of a director
relating to the administration of a school, as set forth in this Part and
article 101 of the Education Law.
(4) Temporary permit requirements.
Individuals who meet the preparation requirements of subparagraph (1)(i) of
this subdivision may be issued a temporary permit, valid for one year, during
which the requirement of subparagraph (1)(ii) of this subdivision shall be met.
A full director's license shall not be issued until the candidate meets all
applicable preparation requirements, prescribed in paragraph (1) of this
subdivision.
(5) Duration of
license.
(i) A full director's license issued
on or after May 25, 2000 shall be valid for the same period for which the
school is licensed or registered and a renewal application for such license
shall be submitted with the renewal application for the employing
school.
(ii) A permanent director's
license issued prior to May 25, 2000, shall continue to be valid without
renewal until such time as the director leaves the school and location for
which the license is valid.
(e) All teachers who have been issued a
license or permit pursuant to the requirements of this section shall
successfully complete an orientation to classroom management program within
four weeks of employment at a licensed private career school according to the
following requirements:
(1) The orientation
to classroom management program shall be developed by the licensed private
school or registered business school/ computer training facility and offered to
all licensed teachers or teachers holding a permit.
(2) The topics for the orientation to
classroom management program shall include, but not be limited to, information
on adult learning styles, introduction to the syllabus, writing lesson plans,
testing, the maintenance of attendance records, grading, discipline and teacher
licensing requirements.
(3) A
one-page checklist in a format prescribed by the commissioner, certifying the
teacher's completion of the program, must be provided to the teacher and placed
in the teacher's personnel file for review by department staff upon
request.
(f) All
teachers in licensed private career schools shall meet the requirements of this
subdivision.
(1) Teachers shall meet the
following requirements:
(i) have completed an
approved four-year high school program or hold a valid high school equivalency
diploma; and
(ii) have the required
preparation and training set forth in either clause (a) or (b) of this
subparagraph:
(a) at least two years of
practical experience acceptable to the commissioner in the subject area or
occupation to be taught. Teaching experience will not be accepted in lieu of
practical experience; or
(b) for
specific business subject areas only:
(1) the
candidate shall hold a valid permit:
(i) for
a permit in general academic, an applicant shall have been awarded a
baccalaureate or equivalent degree from an institution whose programs are
registered or recognized by the department;
(ii) for a permit in accounting, office
skills, or management and marketing, an applicant shall have been awarded a
baccalaureate or equivalent degree and 18 semester hour credits in approved
course work appropriate for the instructional area of the permit from an
institution whose programs are registered or recognized by the department. Such
18 semester hour credits may be earned in the baccalaureate or equivalent
program or may be credits earned in addition to credits earned in such a
program;
(iii) for a permit in
English for speakers of other languages (ESOL), an applicant shall have been
awarded a baccalaureate or equivalent degree from an institution whose programs
are registered or recognized by the department; and either:
(A) shall have successfully completed an
approved 30-clock-hour course in teaching English for speakers of other
languages (ESOL) from a proprietary school association recognized by the
commissioner; or
(B) shall have
been awarded three semester hour credits in teaching ESOL from an institution
whose programs are registered or recognized by the department;
(iv) for a permit in computer
applications or computer programming, an applicant either:
(A) shall have been awarded a baccalaureate
or equivalent degree and 18 semester hour credits in approved course work
appropriate for the instructional area of the permit from an institution whose
programs are registered or recognized by the department; provided that such 18
semester hour credits may be earned in the baccalaureate or equivalent program
or may be credits earned in addition to credits earned in such a program and
that appropriate work experience may be substituted for up to six of the 18
semester hour credits; or
(B) shall
have been awarded an associate degree in computer science from an institution
whose programs are registered or recognized by the department and shall have
completed two years of appropriate work experience in the instructional area of
the permit;
(v) for a
permit in hospitality management, an applicant either:
(A) shall have been awarded a baccalaureate
in hospitality management from an institution whose programs are registered or
recognized by the department; or
(B) shall have been awarded a baccalaureate
or equivalent degree in another field and 12 semester hour credits in approved
course work appropriate for a permit in hospitality management from an
institution whose programs are registered or recognized by the department;
provided that such 12 semester hour credits may be earned in the baccalaureate
or equivalent program or may be credits earned in addition to credits earned in
such a program, and shall have completed four years of appropriate work
experience in hospitality management; or
(C) shall have been awarded an associate
degree in hospitality management from an institution whose programs are
registered or recognized by the department and shall have completed two years
of appropriate work experience in hospitality management;
(vi) for a permit in court reporting or
paralegal, the applicant shall have been awarded a high school diploma or its
equivalent, completed successfully an approved program in the instructional
area of the permit, and completed two years of appropriate work
experience;
(vii) for a permit for
travel and tourism, an applicant either:
(A)
shall have been awarded a high school diploma or its equivalent and shall have
completed four years of appropriate work experience in travel and tourism;
or
(B) shall have been awarded an
associate degree in travel and tourism from an institution whose programs are
registered or recognized by the department and shall have completed two years
of appropriate experience in the field of travel and tourism;
(viii) for a permit to teach a
specific subject from a curriculum certified by a nationally recognized vendor,
an applicant shall hold certification as an instructor by the vendor, in
accordance with section
5002(6)(c) of the
Education Law;
(iii) an exception may be made by the
commissioner for an applicant who does not meet the requirements of
subparagraph (i) or (ii) of this paragraph, if such applicant possesses
qualifications sufficiently unique in the judgment of the commissioner to
warrant such exception;
(iv) if an
occupationally required credential is required for the performance of any
occupation other than teaching, the teacher shall also be required to hold such
credential;
(v) be of good moral
character, as determined by the commissioner; and
(vi) have the instructional competency to
provide the instruction authorized by the license, as determined by the
commissioner, based on factors to be considered by the commissioner which shall
include, but shall not be limited to, patterns of violations of the
requirements of this Part or article 101 of the Education Law, relating to the
instruction of students.
(2) Teachers who meet the requirements of
paragraph (1) of this subdivision and apply for a permit or license may be
issued:
(i) a temporary teacher's permit
valid for one year, during which time a 30- clock-hour approved course in
general teaching methods from a proprietary school association recognized by
the commissioner or a three-semester-credit-hour course in general teaching
methods from an institution whose programs are registered or recognized by the
department shall be completed;
(ii)
a provisional teacher's license valid for a period of three years after
completion of the requirements set forth in subparagraph (i) of this
paragraph;
(iii) a full teacher's
license after completion of two additional 30-clock-hour approved professional
education courses from a proprietary school association recognized by the
commissioner or three additional semester credit hours in appropriate
professional education from an institution whose programs are registered or
recognized by the department during the period of validity of the provisional
license. Such full teacher's license shall be valid for a period of four years,
and a teacher shall apply for the renewal of such teacher's license every four
years.
(3) A permanent
teacher's license issued prior to May 25, 2000, shall continue to be valid
without renewal until such time as the teacher leaves the school and location
for which the license is valid.
(4)
Provisional licenses. Applicants for a provisional license shall meet the
appropriate requirements set forth in paragraph (1) of this subdivision and
shall also meet the following requirements:
(i) For a provisional license for all
instructional areas identified in paragraph (1) of this subdivision with the
exception of English for speakers of other languages (ESOL), an applicant shall
have successfully completed either three semester credit hours of study in
approved course work in general teaching methods from an institution whose
programs are registered or recognized by the department, or an approved
30-clock-hour course in general teaching methods from a proprietary school
association recognized by the commissioner.
(ii) For a provisional license for English
for speakers of other languages (ESOL), an applicant shall have successfully
completed either three semester credit hours of study in approved course work
in general teaching methods from an institution whose programs are registered
or recognized by the department, or an approved 30-clock-hour program in
general teaching methods or methods of teaching English for speakers of other
languages (ESOL) from a proprietary school association recognized by the
commissioner.
(5) Full
licenses. Applicants for a full license shall meet the appropriate requirements
set forth in subparagraphs (i) and (ii) of this paragraph, including any
required coursework. Applicants shall also complete the following:
(i) For a full license for all instructional
areas with the exception of English for speakers of other languages (ESOL),
applicants shall have successfully completed either:
(a) an additional three semester credit hours
of appropriate study in professional education from an institution whose
programs are registered or recognized by the department; or
(b) an approved 60-clock-hour program(s) in
professional education from a proprietary school professional association
recognized by the commissioner.
(ii) For a full license to teach English for
speakers of other languages (ESOL), an applicant shall have successfully
completed:
(a) coursework in methods of
teaching ESOL totaling 60 clock hours from a proprietary school association
recognized by the commissioner or three semester credits from a program
registered or recognized by the department; and
(b) coursework in general teaching methods
totaling 30 clock hours from a proprietary school association recognized by the
commissioner or three semester credits from a program registered or recognized
by the department.
(g) Notwithstanding the provisions of
subdivision (f) of this section, instructors and/or examiners in home study,
internet or correspondence schools must have appropriate education and
experience qualifications acceptable to the commissioner to meet the
requirements for a license.
(h) A
$100 nonrefundable application fee in the form of a check or money order
payable to the State Education Department shall accompany all applications for
teachers' permits and licenses, directors' permits and licenses, renewals
thereof, and amendments of temporary permits and licenses. Applications for
licenses issued to teachers may be submitted by the applicants or the directors
of the schools.
(i) Upon a finding
by the commissioner that an applicant possesses sufficiently unique and
exceptional training and/or experience that are the substantial equivalent of
the preparation and experience requirements of this section, a variance may be
granted from any such requirements established in this section.
(j) All teachers or directors licensed
pursuant to this section who hold a permit or a provisional license shall
submit an application for the next level of licensure at least 30 days prior to
the expiration of the existing permit or license. All full license holders
shall submit license renewal applications at least 90 days prior to the
expiration of the existing license.
(k) An applicant for licensure pursuant to
the requirements of subdivision (f) of this section shall be exempt from the
required general teaching methods course and the professional education
courses, if the applicant meets one of the following criteria:
(1) possesses a degree in doctor of law
(J.D.), doctor of medicine (M.D.), doctor of philosophy (Ph.D.) or doctor of
education (Ed.D); or
(2) is
identified by the commissioner as a special lecturer for a non-occupational
course who is employed by the school as an expert in the field to provide
instruction for a limited component of a course or curriculum.
(l) Proprietary school
professional associations approved by the commissioner to conduct teacher
training courses as specified in this section may have such approval rescinded
if the courses are not provided as approved including but not limited to the
failure to conduct such courses the approved number of times.
(m) Substitute teachers. Only a teacher
licensed pursuant to this section may act as a substitute teacher in a school
under the following conditions:
(1) Except as
otherwise noted in paragraph (2) of this subdivision, a substitute teacher
shall be licensed in the course, curriculum or instructional area for which he
or she is providing instruction.
(2) A school may utilize the services of a
substitute teacher who is licensed but not licensed for the appropriate course,
curriculum or instructional area, if such substitute teacher meets the
following requirements:
(i) the school's
director appoints an appropriately licensed teacher employed at the school to
serve as a mentor for such substitute teacher, and such mentor meets with the
substitute teacher at least one hour each week to review lesson plans, resolve
problems, explain school policies and provide the necessary support for the
substitute teacher; and
(ii) such
substitute teaching shall not exceed 10 percent of the total hours of the
course or curriculum offering.
(n) Vendor demonstrator. In cases where the
curricula/courses offered require the assistance of a vendor demonstrator, the
need for a demonstrator must be included and approved in the specific course or
curriculum approval. Vendor demonstrators are not recognized as teachers, may
not assume the routine function of teachers, and can only be used with a
licensed teacher present.
