New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter V - State University of New York
Subchapter E - Regulations of the Board of Trustees' Charter Schools Committee
Part 700
Section 700.4 - Teacher Certification Requirements
Universal Citation: 700.4 NY Comp Codes Rules and Regs ยง 700.4
Current through Register Vol. 45, No. 52, December 27, 2023
The committee acknowledges that many schools and education corporations it oversees that have demonstrated strong student performance have had difficulty hiring teachers certified in accordance with the requirements of the regulations of the commissioner of education. The committee, therefore, through its authority to adopt regulations with respect to the governance, structure and operations of the charter schools it oversees, desires to provide an alternative teacher certification pathway to charter schools in meeting the requirements of paragraph (a-1) of subdivision three of section 2854 of the education law.
(a) Teacher Certification Compliance. An education corporation may submit to the institute an Instructional Program (as defined in subparagraph b, below) for teachers that meet the requirements of this Section. The requirements of an approved Instructional Program under this Section are to be considered equivalent to the certification requirements applicable to other public schools of the state for the purposes of paragraph a-1 of subdivision three of section 2854 of the education law.
(b) Instructional Program. An applicant may at any time submit a proposed Instructional Program (the "Instructional Program") to the institute for approval. If the institute has denied an application or revoked or closed an Instructional Program, the applicant must wait at least 120 days before any reapplication. In order to be eligible to apply, an applicant must be approved to operate at least one school. An Instructional Program shall not be eligible for approval unless it meets the following minimum requirements:
(1) The
applicant shall have a demonstrated record of academic success as follows:
(i) For an education corporation, 60 percent
of applicant's schools with students participating in grades 3 through 8 state
examinations must have performed better on those examinations than the district
schools in the school districts in which the charter schools are located. If an
education corporation serves high school grades, such schools shall have met
60% of their accountability plan measures. If an education corporation serves
both sets of grades, the institute shall weight the grades accordingly. For
purposes of this paragraph, the school district in which a charter school is
located shall mean, for the city school district of the city of New York, the
community district in which a charter school is located. For schools that
primarily serve a special population, including students with disabilities or
ELL students, the schools must have performed better than the students of the
applicable special population in the school districts in which the charter
schools are located; and
(a) at least one of
the applicant's schools must have received a renewal of at least five
years.
(b) If two or more education
corporations are applying together, at least one school from each education
corporation must meet the standard in subparagraph (b)(1) of this
Section.
(ii) An
education corporation shall be authorized to contract with an institution of
higher education to provide an Instructional Program under this Part, provided
however, that the institution of higher education shall not have had a
graduate-level teacher and leader education program suspended or deregistered
by NYSED at any time.
(2) The applicant shall maintain high
standards for candidates including completion of a master's degree in education
or bachelor's degree or higher in any subject area from an accredited
institution with a cumulative grade point average of 3.0 or higher, or its
equivalent, or shall have been found to have the necessary knowledge and skills
to successfully complete the program as determined by the institute.
(3) Certificate titles offered by an
Instructional Program may include, but are not limited to:
(i) Childhood education (pre-Kindergarten
through grade 6);
(ii) Secondary
education (grades 5 through 12) with specialization in primary subject areas
which may include, but are not limited to:
(a)
Humanities;
(b) Mathematics;
and,
(c) Science;
(iii) Childhood students with
disabilities (pre-Kindergarten through grade 6);
(iv) Secondary students with disabilities
(grades 5 through 12);
(v)
Childhood ESOL (pre-Kindergarten through grade 6); and,
(vi) Secondary ESOL (grades 5 through
12).
(4) The
Instructional Program shall include:
(i)
Classroom Instruction. 160 clock hours of classroom instruction, including
content core study and pedagogical core study, which shall provide the
necessary knowledge base, understanding, and skills for teaching students in
the respective grade levels, and in the respective subject area(s), for the
certification being sought. The 160 clock hours are in addition to any credit
hours earned by candidates as part of the required bachelor's degree referenced
in subparagraph (2), above.
(a) Classroom
instruction content shall include curriculum and content specific to the
certification being sought, instructional strategies and planning, classroom
and behavioral management, and shall be designed to prepare candidates to
instruct students with a range of abilities and differentiate instruction to
enhance the learning of all students in the content area(s) of the
certificate.
(b) A candidate may
seek dual certification in two different titles, for which the 160 total clock
hours shall be appropriate for the dual titles being sought. If one of the
titles sought is students with disabilities, at least 20 of the 160 clock hours
shall include the students with disabilities / training required under
paragraph (v) below.
(ii) Field Experience. 40 clock hours of
field experience appropriate to the certification being sought, with at least
six of the 40 hours focused on meeting the needs of students with disabilities,
with the candidate primarily responsible for classroom instruction, and under
supervision of an experienced teacher with the following qualifications:
(a) Certified in the subject, area or grade
range of instruction, as applicable; or
(b) Uncertified teachers who:
(1) have at least three years of satisfactory
elementary, middle or secondary classroom experience; or
(2) are tenured, tenure track or adjunct
college faculty; or,
(3) have two
years of satisfactory experience through the Teach for America or similar
programs as determined by the institute.
(iii) A candidate may seek a dual
certification in two different titles, for which the candidate shall complete
40 total field hours, with approximately one-half focused on each certification
title sought.
(iv) Mentored
Teaching. Candidates teaching within the initial three year period of
certification shall receive periodic mentoring by a principal, assistant
principal, a teacher qualified to oversee field experience pursuant to
subparagraph (ii) above, or a qualified Instructional Program instructor
pursuant to paragraph 5 of subdivision (b) of this Section, which shall be
designed to meet the individual learning needs of the candidate.
(v) Additional Coursework / Training.
(a) Completion of a NYSED approved Workshop -
Mandated Reporter of Child Abuse and Neglect in accordance with subdivision two
of section
3004 of the education law.
(b) Completion of a NYSED approved Workshop-
School Violence Intervention and Prevention (SAVE) in accordance with
subdivision three of section
3004 of the education law.
(c) Six clock hours of coursework or training
on harassment, bullying and discrimination prevention and intervention, as
those terms are defined in section
11 of the
education law (Dignity for All Students Act), in accordance with the purposes
of subdivision five of section
14 of the education law.
(vi) Additional Students with Disabilities
and ESOL Coursework / Training. For candidates seeking certification in
students with disabilities or ESOL, classroom instruction shall focus on
developing knowledge, understanding, and skills for teaching students with
disabilities or ELL students, respectively, including enhanced coursework or
training. Field experience must be completed under the supervision of a teacher
certified in students with disabilities or ESOL, respectively, and the
candidate seeking certification must spend:
(a) For students with disabilities, a
majority of his or her field experience hours in an integrated co-teaching
classroom or a classroom otherwise providing special services or programs as
that term is defined in section
4401 of
the education law and regulations of the state commissioner of education
promulgated pursuant thereto.
(b)
For ESOL, a majority of his or her required 40 clock hours of field experience
in a bilingual education, English as a new language or integrated English as a
new language classroom as those terms are defined in part 154 of title 8 of the
NYCRR or an equivalent classroom providing services to ELL students;
and,
(c) For students with
disabilities, in addition to the 40 hours of required field experience, an
additional 40 hours observing and working with students with IEPs.
(d) For ESOL, in addition to the 40 clock
hours of required field experience, an additional 40 clock hours observing and
working with students who are ELL students as that term is defined in
subdivision
154-2.2(f)
of title 8 of the NYCRR.
(e) For
students with disabilities, at least 10 clock hours of coursework or training
in the law, regulations and appropriate techniques to address discipline of
students with disabilities in accordance with the IDEA and regulations
promulgated thereunder.
(5) Instructional Program Instructors.
Instructional Program instructors must:
(i)
be classroom teachers who have earned at least a bachelor's degree from an
accredited institution and have two years teaching experience; or,
(ii) be administrators of the applicant who
either:
(a) previously worked as classroom
teachers who would have qualified as instructors under subsection (i) above;
or,
(b) are certified school
administrators; or,
(iii) have the expertise, advanced study, or
licensure appropriate to the field to teach effectively the course to which
they are assigned in appropriate depth and breadth. Individuals qualified under
this Paragraph (iii) shall be eligible only to teach a portion of the
instructional program limited to the course in which they hold such expertise,
advanced study, or licensure. Eligibility of an individual to teach such course
shall be subject to prior approval by the institute.
(6) Assessment. Candidates enrolled in an
Instructional Program shall be regularly assessed on all aspects of the
proposed course of study. Assessment methods may include, but need not be
limited to, testing, portfolio reviews, or demonstration of pedagogical
knowledge and skills, and shall include a final assessment utilizing one or
more such method to determine whether the candidate has satisfactorily
demonstrated the competencies included in the Instructional Program. Such final
assessment may be either the State teacher certification examination, the
Educating All Students ("EAS") test, or an examination which measures, at a
minimum, all required elements of the EAS test, and is approved by the
institute. For candidates seeking certification in students with disabilities,
they will be additionally assessed with the New York State content specialty
test in students with disabilities or an examination which measures, at a
minimum, all required elements of the content specialty test, and is approved
by the institute.
(c) Approval of Instructional Program.
(1)
Applicants may submit proposed Instructional Programs to the institute. Such
proposals must include information explaining the need for the Instructional
Program and must specify how the proposed Instructional Program will meet the
requirements of this Section including by providing:
(i) Proof that the applicant has a
demonstrated record of success;
(ii) A list of the certificates that will be
offered by the applicant's Instructional Program;
(iii) The required candidate
qualifications;
(iv) The
qualifications of Instructional Program instructors;
(v) The requirements for certification as a
"certified intern teacher;"
(vi)
The competencies required for each certificate offered;
(vii) An overview of the classroom
instruction to be offered as part of the Instructional Program including how
program instructors will train candidates on how to teach students critical
thinking skills; and,
(viii) The
assessment methods to be used including the final assessment.
(2) A proposed Instructional
Program shall be approved or denied within 120 days of submission to the
institute. If the institute does not approve an Instructional Program within
the timeframe set forth in this Section, the application shall not be
automatically approved. The institute may, but is not required to, permit the
applicant to amend the application during or after the review period. The
institute shall state the general reasons for a denial of an application in
writing. There shall be no review of a denial by the committee or the board of
trustees.
(3) Once the institute
approves an applicant's Instructional Program, the applicant can commence
instruction of candidates in accordance with the application and the
requirements of this Section.
(4)
The requirements of an approved Instructional Program shall be considered
equivalent to the certification requirements applicable to other public schools
of the state for purposes of paragraph (a-1) of subdivision three of section
2854 of the education law.
(d) Teacher Certifications.
(1) Teacher Certification Classifications. A
teacher enrolled in an approved Instructional Program shall be granted
certification in the following manner and subject to the following conditions:
(i) If a candidate is making adequate
progress toward meeting the requirements of an approved Instructional Program,
the candidate shall be eligible to receive a certificate as a "certified intern
teacher" so long as the candidate stays enrolled in the Instructional Program
and the applicant has specified in its application what constitutes "adequate
progress" for purposes of this Subparagraph. A certified intern teacher's
certificate shall be valid for no longer than six months from the date it is
granted, provided that such certificate may be renewed if the candidate is
still enrolled in the Instructional Program. To receive such certificate, an
approved applicant shall submit the names of teachers so qualified to the
institute, whereupon those teachers will be issued such certificate. The
applicant shall certify as to the truthfulness of such submission and shall
retain all responsibility and liability resulting from such approval.
(ii) A teacher who has met the requirements
of an approved Instructional Program in one or more of the titles designated in
paragraph 3 of subdivision b of this Section shall be eligible to receive a
teacher's certificate for such title(s). To receive such certificate, the
teacher shall submit documentation thereof to an approved applicant, which
shall approve or deny the teacher for certification within 60 days of
submission. Such determination will be based on:
(a) A review of submitted documentation
demonstrating that the teacher has completed an approved Instructional Program
for the title sought;
(b) A review
of the results of a criminal history record search of the teacher performed by
NYSED at the direction of an education corporation as required under paragraph
(a-2) of subdivision three of section
2854 of the education law. For purposes of
this Section, the term "criminal history record" shall mean a record of all
convictions of crimes and any pending criminal charges maintained on an
individual by the division of criminal justice services and the federal bureau
of investigation; and,
(c) A
recommendation from the approved Instructional Program certifying that the
teacher has satisfactorily demonstrated the competencies required by the
Instructional Program. For teachers seeking certification as a students with
disabilities teacher or an ESOL teacher, such recommendation will specifically
certify that the teacher has satisfactorily demonstrated the competencies
required by the Instructional Program to teach students with disabilities or
ELL students, respectively.
(2) Certificates. The approved applicant
shall submit the names and supporting documentation of all teachers so approved
to the institute, whereupon those teachers will be issued such certificate. The
applicant shall certify as to the validity of such approval for certification
under this Subpart and shall retain all responsibility and liability resulting
from such approval.
(3) Teachers
Certified in another State. Notwithstanding subdivision 1 above, a teacher
holding a valid teaching certificate in good standing issued by another state
that substantially complies with all other requirements of this Section shall
be eligible to receive a teacher's certificate under this Section without
participation in an approved Instructional Program.
(4) Transferability. The certification
created by this Section shall be transferrable to another school within the
applicant and to another education corporation / school authorized by the board
of trustees even if the transferee education corporation does not have an
approved Instructional Program.
(5)
Expiration. A teacher's certificate issued under this Section shall expire
three years from the date it is granted. In the case of a teacher who obtains
an intern teacher's certificate prior to obtaining a teacher's certificate, the
period of time teaching under the intern teacher's certificate prior to
obtaining a full teacher's certificate shall be included for purposes of
calculating the three year period. Such certification may be renewed and remain
valid provided that:
(i) the teacher is
employed by a board of trustees' authorized charter school; and,
(ii) the employing education corporation
submits to the institute a recommendation for certification renewal based on
its review of the teacher's performance over the course of his or her
employment at the education corporation.
(6) Teacher Acknowledgement. Applicant shall
obtain a signed affirmation from each candidate acknowledging that the
candidate has been informed by the applicant and is aware that the
certification the candidate will receive pursuant to this Section is not
transferrable to any education corporation / charter school not authorized by
the board of trustees or to any district school, and may not be recognized as a
teacher certification under regulations of the state commissioner of education.
Such executed affirmation shall be obtained upon enrollment in an approved
Instructional Program and shall be retained by the applicant for a period of
not less than 10 years from the date of the latest certificate
issuance.
(e) Accounting. Each applicant with an approved Instructional Program must reflect the budgeted costs for the Instructional Program separately in its annual budget, and specifically account for the costs thereof in its financial statements. Applicants may not charge employees or others for access to their Instructional Programs.
(f) Accountability and Revocation. Applicant shall be accountable for the quality of its Instructional Programs leading to exemption from certification. The institute reserves the right to independently assess and monitor all approved Instructional Programs and may revoke its approval at any time. Failure to comply with any provision of this Section may result in revocation of the approval.
(1) Notice of intent to revoke
approval shall be provided to the applicant at least 30 days prior to the
effective date of the proposed revocation. Such notice shall include a
statement of reasons for the proposed revocation. A school closure for academic
reasons shall be deemed notice of intent to review and possibly revoke the
approval of an Instructional Program.
(2) If applicable, the applicant shall be
allowed at least 30 days to correct the problems associated with the proposed
revocation. Non-curable causes of revocation include, but are not limited to,
fraud, creation of false business records and obstruction of investigation or
monitoring by the institute. Prior to revocation of the approval, an applicant
shall be provided an opportunity to be heard by the institute, consistent with
the requirements of due process. There shall be no appeal of such determination
to the committee or the board of trustees.
Adopted New York State Register December 20, 2017 /Volume XXXIX, Issue 51, eff. 12/20/2017
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