Subpart 80-5 Requirements Relating to Teaching Practice and Specialized Credentials

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Subpart 80-5 Requirements Relating to Teaching Practice and Specialized Credentials pdf (486 KB)

 

Section 80-5.1 Definitions.


The definitions prescribed in section 80-1.1 of this Part shall be applicable, unless otherwise prescribed in section 80-1.1 of this Part.
8 NY ADC 80-5.1
8 NY ADC 80-5.1
2008 WL 75115959
8 NY ADC 80-5.1
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Section 80-5.2 General requirements.


The requirements set forth in Subpart 80-1 of this Part shall be applicable, unless the subject matter or terms of such requirements prescribe otherwise.

8 NY ADC 80-5.2
8 NY ADC 80-5.2
2008 WL 75115960
8 NY ADC 80-5.2
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Section 80-5.3 Incidental teaching.

A superintendent of schools may assign a teacher to teach a subject not covered by such a teacher's certificate or license for a period not to exceed five classroom hours a week, when no certified or qualified teacher is available after extensive and documented recruitment, and provided that approval of the commissioner is obtained in accordance with the following requirements:
(a) Not later than 20 business days after such an assignment, the superintendent of schools shall submit for approval an application, in a form satisfactory to the commissioner, containing the following information:
(1) evidence of extensive recruitment of a teacher certified in the appropriate area;
(2) the name and certification status of the teacher given such assignment;
(3) the subject which the teacher is being assigned to teach on an incidental basis and the total number of classes in such subject being taught on an incidental basis;
(4) the qualifications of the teacher to teach such subject on an incidental basis;
(5) the specific reasons why an incidental assignment is necessary;
(6) the anticipated duration of the incidental teaching assignment; and
(7) the number of applications, approved or pending, for authorization to make incidental teaching assignments in the same certification area for which the current authorization is being sought.
(b) To be approved, such application shall demonstrate to the satisfaction of the commissioner that an incidental teaching assignment is necessary, that the teacher so assigned is the best qualified to teach the subject on an incidental basis, and that the requirements of this subdivision have been met.
(c) The commissioner will issue a determination within 20 business days of receipt of the district's application.
(d) In the event that the application is disapproved, the superintendent of schools, within seven business days of receipt of notice of such disapproval, shall terminate the incidental assignment. In the event that the application is approved, such approval shall be deemed to have commenced on the date of the incidental teaching assignment and shall terminate on the last day of the school year for which it is granted. The superintendent of schools may apply, in accordance with subdivision (e) of this section, for renewal of such approval for any teacher.
(e) To obtain renewal of such approval in any subsequent year, the superintendent of schools, as soon as possible after learning that the continued assignment of an incidental teacher is necessary, shall submit an application which, in addition to setting forth the information required pursuant to subdivision (a) of this section, contains an assurance by the superintendent of schools that:
(1) the teacher who previously taught the course on an incidental basis has been offered the opportunity to continue to teach the course or has not been offered such an opportunity because the superintendent has evidence that the course was not taught in an acceptable manner;
(2) the teacher who is assigned to teach the course has completed, or has agreed to complete no later than September 1st of the school year next following the first renewal of such approval, at least three semester hours of credit or a satisfactory equivalent leading to certification in the subject which the teacher is being assigned to teach; and
(3) the teacher who is assigned to teach the course will be reimbursed by the school district for the tuition cost of any portion of the three semester hours of credit or the equivalent required pursuant to paragraph (2) of this subdivision that is taken by the teacher at the request of the school district, and satisfactory evidence that the teacher has been so reimbursed in the event the teacher who is assigned has previously taught the course on an incidental basis, pursuant to a previous renewed approval.
8 NY ADC 80-5.3
8 NY ADC 80-5.3
2008 WL 75115961
8 NY ADC 80-5.3
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Section 80-5.4 Substitute teachers.

(a) Definitions. As used in this section:
(1) Substitute teacher means one who is employed in place of a regularly appointed teacher who is absent but is expected to return.
(2) Long-term basis means employment for more than 40 days by a school district in a school year.
(3) Itinerant basis means employment for 40 days or less by a school district in a school year.
(b) Responsibility. The responsibility for the employment of appropriately qualified substitutes rests with the chief school officer. Persons employed on a long-term basis shall have the proper certification for the position, except as provided in paragraph (c)(2) of this section.
(c) Length of employment. There shall be three categories of substitutes as follows:
(1) Substitutes with valid teaching certificates or certificates of qualification. Service may be rendered in any capacity, for any number of days. If employed on more than an itinerant basis, such persons will be employed in an area for which they are certified.
(2) Substitutes without a valid certificate, but who are completing collegiate study toward certification at the rate of not less than six semester hours per year. Service may be rendered in any capacity, for any number of days, in any number of school districts. If employed on more than an itinerant basis, such persons will be employed in the area for which they are seeking certification.
(3) Substitutes without a valid certificate and who are not working towards certification. Service may be rendered for no more than 40 days by a school district in a school year.
(d) Reporting. The chief school officer of each school district shall submit an annual report concerning the employment of all uncertified substitute teachers to the commissioner on forms prescribed by the commissioner.

8 NY ADC 80-5.4
8 NY ADC 80-5.4
2008 WL 75115962
8 NY ADC 80-5.4
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Section 80-5.5 Employment of retired public employees.

(a) Definitions. As used in this section:
(1) High need school means a school designated by the Commissioner of Education as a high need school. Such term shall include, but not be limited to, schools under registration review, low performing schools, and other high need schools, in which there was a shortage of certified teachers in the previous school year and there is a projected shortage in the current school year.
(2) Teacher shortage area means a subject area designated by the Commissioner of Education as a having a shortage of certified teachers in the previous school year and a projected shortage in the current school year.
(3) Retired person means a retired person as defined in section 210 of the Retirement and Social Security Law.
(b) Applicability.
(1) The approval of the commissioner to the employment of a retired person by any school district (other than the city school district of the City of New York), or by any board of cooperative educational services (BOCES) or any county vocational education and extension board, in the unclassified service pursuant to section 211 of the Retirement and Social Security Law, shall be obtained in accordance with the requirements prescribed in this section.
(2) The approval of the commissioner shall not be granted for the employment of a retired person in any school district, BOCES or county vocational education and extension board if the retired person is seeking to return to work in the same or similar position that the retired person retired from for a period of one year following the date of his/her retirement.
(c) Written request for approval.
(1) The prospective employer shall file with the commissioner a written request for approval, which shall certify to the commissioner the following:
(i) that the retired person is duly qualified and competent;
(ii) that the retired person is physically fit to perform the duties to be assigned;
(iii) that the retired person is properly certified as a teacher where such certification is required;
(iv) specific reasons why there is a need for the services of the particular retired person;
(v) specific reasons why the employment of the particular retired person is in the best educational interests of the district, or the board; and
(vi) that there are not readily available other persons who are not retired persons qualified to perform the duties to be assigned, in accordance with section 211 of the Retirement and Social Security Law.
(2) The written request shall also include satisfactory documentation to establish either of the following:
(i) that the district or board has undertaken an extensive and good faith recruitment search for a certified and qualified candidate and determined that there are no available non retired persons qualified to perform the duties of such position. Satisfactory documentation of an extensive and good faith recruitment search shall include, but not be limited to, evidence that the district or board:
(a) considered all certified and qualified non retired candidates before requesting approval from the commissioner under this section; and
(b) advertised for the particular position in a sufficiently broad manner appropriate for that position, based on the geographic location of the district or board and on any prior historical shortages for that position in the district or board; or
(ii) that there is an urgent need for the retired person's services in such position as a result of an unplanned, unpredictable and unexpected vacancy requiring an immediate temporary interim appointment, precluding the district or board from conducting an extensive recruitment search. In the case of an emergency interim appointment, the district or board shall describe the selection process employed for the interim appointment.
(3) Each written request for approval of employment of a retired person shall be accompanied by:
(i) a copy of the resolution of the board authorizing such employment, subject to the approval of the commissioner;
(ii) a recruitment plan, detailing how the prospective employer plans to replace the retired person with a certified and qualified person by the conclusion of the approved temporary employment period. The recruitment plan shall specify the selection criteria, the media outlets the district or board will utilize to recruit a candidate and contingency plans for expanded recruitment if the initial recruitment procedures do not yield sufficient, certified non retired candidates; and
(iii) if a school district is seeking the commissioner's approval of employment of a retired person to the position of superintendent of schools, a certification that the retired person may participate in, but shall not lead the review and selection process for a permanent candidate of such position.
(4) The written request shall be signed by the prospective employer and the retired person and filed with the commissioner prior to employment, but in no event more than 30 days after employment commences.
(d) Duration of approval.
(1) Approval of the commissioner shall be for a period of up to one school year; and may be renewed once for up to an additional school year, but only in instances of demonstrated extreme hardship or other unexpected and unforeseen circumstances beyond the control of the district or board.
(2) Upon expiration of any renewal of the commissioner's approval for the employment of a retired person, a district or board shall not apply to the commissioner for additional approval under this section for a retired person seeking employment in the same position, in the same district unless the retired person is employed in a position as a certified teacher in a teacher shortage area or in a high need school, or in extreme circumstances where a district, BOCES or county vocational education and extension board is prohibited by law or otherwise from hiring a permanent replacement for a position, and such employment has been approved pursuant to this section.
(e) Notification to taxpayers. Upon employment of a retired person under this section, the district, BOCES or county vocational education and extension board shall notify all resident taxpayers that a retired person has received the approval of the commissioner for employment in the district pursuant to section 211 of the Retirement and Social Security Law and the district shall notify such taxpayers of the retired person's compensation package and of the retired person's right to receive a pension while employed with the district or board.

8 NY ADC 80-5.5
8 NY ADC 80-5.5
2008 WL 75115963
8 NY ADC 80-5.5

Section 80-5.6. Supplemental school personnel.

(a) 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.
(b) 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: foreign languages, 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 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.
(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 teaching assistant for one school year under a level I teaching assistant certificate or a level II teaching assistant certificate or under a temporary license authorizing employment as a teaching assistant.
(2) Validity of certificate and professional development requirement. The level III teaching assistant certificate shall be continuously valid, provided that the professional development requirement prescribed in section 80-3.6 of this Part is met. The holder of the certificate shall be required to meet such professional development requirement to maintain the continued validity of the certificate, except the commissioner may reduce the professional development requirement for a holder called to active duty in the Armed Forces so that the holder is not required to complete professional development for the time in active service.
(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, or a level III 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.
(c) 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.
(d) 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.
8 NY ADC 80-5.6
8 NY ADC 80-5.6
2008 WL 75115964
8 NY ADC 80-5.6
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Section 80-5.7 Certificate valid for teaching in nonregistered evening schools.

(a) Preparation. The candidate shall have completed an approved program of general education and/or professional education.
(b) Experience. The candidate shall have completed five years of approved experience related to the subject for which the certificate is to be issued.
(c) Time validity. The certificate shall be valid for three years from its effective date.
(d) Extension of time validity. The time validity of the certificate may be extended by the commissioner for three-year periods on evidence that the holder thereof has completed two years of satisfactory teaching during the preceding three-year period.
8 NY ADC 80-5.7
8 NY ADC 80-5.7
2008 WL 75115965
8 NY ADC 80-5.7

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Section 80-5.8 Regional credential.

(a) Any individual who possesses or is entitled to at least a certificate of qualification, a provisional certificate or an initial certificate pursuant to this Part may, upon request, be issued a regional credential upon payment of all applicable fees.
(b) The commissioner shall issue the regional credential to the applicant if the New York State certificate held by the individual has been deemed comparable to certificates or licenses issued by other states party to a contract recognizing such regional credential pursuant to Education Law, section 3030.
(c) The regional credential shall authorize the holder to perform those professional duties authorized by the comparable state certificate or license in any school system within any state party to a contract recognizing such credential pursuant to Education Law, section 3030.
(d) The regional credential shall be valid for no more than two years from its effective date and is not renewable.
(e) The holder of a regional credential issued by a state party to a contract with New York State recognizing such regional credential pursuant to Education Law, section 3030, shall be deemed qualified by the commissioner to serve in this state in the New York State certification area of comparability without need of any further credential. The holder may serve in this state for a period not to exceed two years and may not serve beyond the two-year period unless the holder has obtained at least a provisional or initial certificate from the commissioner pursuant to this Part.
(f) The regional credential shall be suspended or revoked on any ground deemed sufficient for revocation or suspension of a certificate or license initially issued by the state in which the individual is employed.
8 NY ADC 80-5.8
8 NY ADC 80-5.8
2008 WL 75115966
8 NY ADC 80-5.8

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Section 80-5.9 Internship certificate.

(a) A student in a registered or approved graduate program of teacher education which includes an internship experience(s) and who has completed at least one-half of the semester hour requirement for the program may, at the request of the institution, be issued an internship certificate for a fee of $50.
(b) The certificate shall be issued only to those persons enrolled in registered or approved programs that include appropriate supervision and shall show on the face of the certificate the following information:
(1) the name of the intern;
(2) the collegiate program sponsoring the internship;
(3) the area of service for which the certificate is valid;
(4) the school district in which the internship is to be served; and
(5) the dates for which the certificate is valid.
(c) The certificate shall be valid for no more than two years from its effective date and is not renewable. For individuals called to active duty in the Armed Forces, the validity period of the internship certificate may be extended for the time of active service and an additional 12 months from the end of such service, provided that the holder is a student in a registered or approved graduate program of teacher education.
8 NY ADC 80-5.9
8 NY ADC 80-5.9
2008 WL 75115967
8 NY ADC 80-5.9
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Section 80-5.10 Modified temporary license.

(a) The commissioner may issue a modified temporary license when the requirements of this section are met. Such modified temporary license shall be valid for up to one year, and shall be available and limited for use in the 2003-2004 and 2004-2005 school years only. Such modified temporary licenses may only be issued in certificate titles in the classroom teaching service with a demonstrated shortage of certified teachers as determined by the department and shall be limited to employment with the employing entity.
(b) Pursuant to section 3006 of the Education Law, the commissioner may issue a modified temporary license, which permits an uncertified teacher to be employed by a board of education, board of cooperative educational services, county vocational education and extension board, or other entity required by law to employ certified teachers, when the following conditions are met:
(1) no certified and qualified teacher is available after extensive and documented recruitment; and
(2) the chancellor, in the case of the City School District of the City of New York; or the superintendent, in the case of other employing boards; or the chief education officer, in the case of another entity required by law to employ certified teachers, has submitted for approval an application for a modified temporary license, accompanied by the fee prescribed in section 3006 of the Education Law, which includes the following:
(i) the employing entity's justification for the employment of the uncertified person;
(ii) evidence that the candidate has achieved a satisfactory level of performance on the New York State teacher certification examination liberal arts and sciences test;
(iii) until February 1, 2004, evidence that the uncertified person has the minimum degree level required for the corresponding provisional certificate, and after February 1, 2004, evidence that the uncertified person has the minimum degree level required for the corresponding initial certificate;
(iv) until February 1, 2004, evidence that the uncertified person has completed at least 27 semester hours of coursework required in the content core and/or pedagogical core for the provisional certificate in the title of the modified temporary license sought, and after February 1, 2004, evidence that the uncertified person has completed at least 27 semester hours of coursework required in the content core and/or pedagogical core for the initial certificate in the title of the modified temporary license sought;
(v) official transcripts of all collegiate study completed to date by the certified teacher; and
(vi) a certification by the chancellor, in the case of the City School District of the City of New York; or by the superintendent, in the case of other employing boards; or by the chief education officer, in the case of another entity required by law to employ certified teachers, of the following facts:
(a) that no certified and qualified teacher is available after extensive and documented recruitment;
(b) for candidates that are currently or were previously employed by the employing entity as a teacher, that the candidate has a record of satisfactory service;
(c) for candidates that are not currently or were not previously employed by the employing entity as a teacher, that the candidate has been subject to a rigorous interview and screening process;
(d) that the candidate will not be assigned or otherwise permitted to teach in a building that is a school under registration review, as defined in section 100.2(p) of this Title, or that is a school in school improvement status or school in corrective action status, as defined in Part 120 of this Title, unless the candidate is currently employed in such building as a teacher and has rendered satisfactory service there as a teacher;
(e) that the candidate will not be assigned to a position supported by title 1 funds in violation of section 1119 of the No Child Left Behind Act of 2001 or 34 CFR 200.55.
(c) After approval of the application, the department shall transmit the modified temporary license to the employing entity.
   
RESEARCH REFERENCES AND PRACTICE AIDS:
94 NY Jur 2d, Schools, Universities, and Colleges §  244.
8 NY ADC 80-5.10
8 NY ADC 80-5.10
2008 WL 75115968
8 NY ADC 80-5.10
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Section 80-5.11 Certificate of qualification.

The commissioner shall not issue certificates of qualification with issuance dates on or after September 2, 1998. Holders of certificates of qualification with issuance dates prior to September 2, 1998 may retain the certificate as evidence that the holder is eligible for a provisional certificate. At the commencement of regular employment in any public school in the State, during the period of validity of the certificate of qualification, the holder shall deliver such certificate to the chief school officer of the district offering employment, who shall forward such certificate to the commissioner for the issuance of a provisional certificate. The certificate of qualification is evidence that the holder is eligible for employment as a substitute teacher. Permanent certification will be issued upon completion of the requirements for permanent certification in effect at the time of issuance of the certificate of qualification or regional certificate.
8 NY ADC 80-5.11
8 NY ADC 80-5.11
2008 WL 75115969
8 NY ADC 80-5.11
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Section 80-5.12 Experiment in organizational change.

For applications for the approval or for the renewal of approval of teaching assignments in connection with an experiment in organizational change, the requirements of subdivisions (a), (b) and (c) of this section shall apply.
(a) Any school district which proposes an experiment concerned with organizational changes that alters the definition of the elementary, junior or senior high school may be granted approval of a five-year period to employ a certified teacher (or appropriately licensed teacher in the cities of New York and Buffalo) for any teaching assignment, within the scope of the experiment, for which the teacher is deemed, by the superintendent, or other legally authorized body, qualified by education and experience provided:
(1) the proposed experiment is approved by the Board of Education upon the recommendation of the professional staff of the school district;
(2) the proposed experiment is approved by the Commissioner of Education;
(3) the proposed experiment includes appropriate procedures for evaluation; and
(4) the teacher meets the qualification requirements of section 120.6 of this Title, relating to the No Child Left Behind Act of 2001; and
(5) a school district may not continue the assignment of a teacher in any teaching assignment covered by an experiment in organizational change for more than five school years unless the teacher has obtained the teaching certificate or certificate extension appropriate to such assignment or the teacher meets the requirements of subdivision (c) of this section.
(b) Permission to assign teachers in accordance with the terms of the experiment may be renewed for a five-year period on evidence, satisfactory to the commissioner, of instructional benefit to the students.
(c) A person who holds a permanent or professional certificate in English language arts (7-12), language other than English (7-12), mathematics (7-12), biology (7-12), chemistry (7-12), earth science (7-12), physics (7-12), or social studies (7-12) and whose teaching assignment covered by an experiment in organizational change during three of the five years of an experiment approved by the commissioner on or before February 1, 2004 is in the subject of the certificate held but is in grades 5-6, may be issued a statement of continued eligibility pursuant to which such person may continue to teach in such assignment without the extension prescribed in section 80-4.3(b) of this Part to teach the subject in grades 5-6. In order for such person to be eligible for the statement of continuing eligibility, his or her experience in teaching the subject in grades 5-6 must have occurred on or after July 1, 1993. A statement of continued eligibility shall be limited to the specific permanent or professional certificate that was extended to authorize such service but shall be valid for service in any school district. Applications for the statement of continued eligibility must be filed with the department.
8 NY ADC 80-5.12
8 NY ADC 80-5.12
2008 WL 75115970
8 NY ADC 80-5.12
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Section 80-5.13 Alternative teacher certification requirements.

(a) Requirements for the transitional B certificate for all titles in the classroom teaching service, applicable for a candidate enrolled in either an alternative teacher certification program registered pursuant to section 52.21(b)(3)(xvii) of this Title or a Model B - residency teacher preparation track of a clinically rich graduate level teacher preparation pilot program registered pursuant to section 52.21(b)(5) of this Title.
(1) General requirements.
(i) Time validity. The transitional B certificate shall be valid for three years from its effective date, except that upon application by a candidate, a transitional B certificate in a title in the classroom teaching service which has a bilingual education extension may be reissued for one additional year, provided that the candidate qualifies for a provisional or initial certificate in such title in the classroom teaching service.
(ii) Limitations. The transitional B certificate shall authorize a candidate to teach only in a school district for which a commitment for employment and mentoring has been made. In addition, it shall only be valid as long as the candidate is matriculated in good standing in a registered alternative teacher certification program or a Model B - residency teacher preparation track of a clinically rich graduate level teacher preparation pilot program registered pursuant to section 52.21(b)(5) of this Title, leading to a provisional or initial certificate, unless the candidate has applied for the transitional B certificate on or before February 1, 2001 and the candidate is matriculated in good standing in a registered program leading to the provisional or initial certificate in the certificate title sought and has documented that such program will meet all requirements of the alternative teacher certification program, or unless the candidate has completed such program.
(2) The candidate shall meet the requirements in each of the following subparagraphs:
(i) Education.
(a) The candidate shall hold a baccalaureate or graduate degree from a regionally accredited institution of higher education or from an institution authorized by the Board of Regents to confer degrees; and
(b) either:
(1) the candidate shall submit satisfactory evidence of:
(i) matriculation in an alternative teacher certification program or a Model B - residency teacher preparation track of a clinically rich graduate level teacher preparation pilot program registered pursuant to section 52.21(b)(5) of this Title, leading to a provisional or initial certificate or leading to provisional/permanent or initial/professional certificates and, as applicable, a bilingual education extension of such certificates, registered pursuant to and having met the admission requirements prescribed in section 52.21(b)(3)(xvii) or (b)(5) of this Title; and
(ii) having completed the introductory component of a registered program leading to the transitional B certificate, as prescribed in section 52.21(b)(3)(xvii) or (b)(5) of this Title or the acceptable equivalent of such study as determined by the department; or
(2) for candidates who apply for the transitional B certificate on or before February 1, 2001, the candidate shall submit satisfactory evidence of:
(i) meeting the admissions requirements for the alternative teacher certification program, as prescribed in section 52.21(b)(3)(xvii) of this Title;
(ii) matriculation in a program registered as leading to the provisional or initial certificate in the title sought, pursuant to section 52.21 of this Title, that has made special arrangements for the candidate to meet all the pre-service and in-service requirements of an alternative teacher certification program leading to the transitional B and the provisional or initial certificate, as prescribed in section 52.21(b)(3)(xvii) of this Title; and
(iii) having completed the pre-service component leading to the transitional B certificate, as prescribed in section 52.21(b)(3)(xvii) of this Title, pursuant to the special arrangements made for the candidate in a program registered as leading to the provisional or initial certificate.
(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State teacher certification examination liberal arts and sciences test, and the content specialty test(s) in the area of the certificate, where such content specialty test is required for the certificate title. Successful completion of the content specialty test in the area of the certificate shall not be required for the transitional B certificate authorizing the teaching of English to speakers of other languages, students with disabilities, students who are deaf or hard-of-hearing, students who are blind or visually impaired, or students with speech and language disabilities, or for an extension of a transitional B certificate in bilingual education. Instead, the candidate shall submit evidence of having achieved a satisfactory level of performance on a New York State teacher certification examination content specialty test for a teaching certificate in the classroom teaching service.
(iii) Employment and support commitment. The candidate shall submit satisfactory evidence of having a commitment from a school or school district of employment as a full-time teacher with the school or school district in the area of the certificate sought for at least three school years, which shall include at least one year of mentoring as prescribed in section 52.21(b)(3)(xvii) or (b)(5) of this Title.
(b) Requirements for the provisional or initial certificate for all titles in the classroom teaching service, and a bilingual education extension of such certificate, applicable for a candidate holding a transitional B certificate and matriculated in an alternative teacher certification program registered pursuant to section 52.21(b)(3)(xvii) of this Title or a Model B - residency teacher preparation track of a clinically rich graduate level teacher preparation pilot program registered pursuant to section 52.21(b)(5) of this Title.
(1) The candidate shall meet the requirements in each of the following subparagraphs:
(i) Education. The candidate shall have successfully completed either:
(a) an alternative teacher certification program or the Model B - residency teacher preparation track of a clinically rich graduate level teacher preparation pilot program leading to a provisional or initial certificate or leading to provisional/permanent or initial/professional certificates, which may also lead to a bilingual education extension of such certificates, that is registered pursuant to section 52.21(b)(3)(xvii) or (b)(5) of this Title; or
(b) for candidates who applied for the transitional B certificate on or before February 1, 2001, a program registered as leading to the provisional or initial certificate in the title sought, pursuant to section 52.21 of this Title, that has made special arrangements for the candidate to meet all the pre-service and in-service requirements of an alternative teacher certification program leading to the transitional B and the provisional or initial certificate, as prescribed in section 52.21(b)(3)(xvii) of this Title.
(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State teacher certification examination written assessment of teaching skills test, and any other examination required for the provisional or initial certificate, as applicable, and/or a bilingual education extension of such certificate, as applicable.
(iii) Experience and mentoring. The candidate shall submit evidence of having had at least one school year of full-time teaching that was mentored, obtained through an alternative teacher certification program or a Model B - residency teacher preparation track of a clinically rich graduate level teacher preparation pilot program, registered pursuant to section 52.21(b)(3)(xvii) or (b)(5) of this Title, or other program that meets the education requirements of this subdivision.
(2) Candidates who apply and qualify for a transitional B certificate on or before February 1, 2004 shall be issued a provisional certificate, upon meeting the requirements for the provisional certificate. Candidates who apply and qualify for a transitional B certificate after February 1, 2004 shall be issued an initial certificate, upon meeting the requirements for the initial certificate.
(3) A candidate who has met the requirements of this subdivision for a provisional or initial certificate shall be issued a provisional or initial certificate with an effective date that is pre-dated to the effective date of the candidate's transitional B certificate. The duration of such provisional or initial certificate, as prescribed in this Part, shall be determined based on such pre-dated effective date.
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Section 80-5.14 Transitional C certificate for career changers and others holding a graduate academic or graduate professional degree for all titles in the classroom teaching service.

(a) General requirements.
(1) Time validity. The transitional C certificate shall be valid for three years from its effective date.
(2) Limitations. The transitional C certificate shall authorize a candidate to teach only in a school district for which a commitment for employment has been made. In addition, it shall only be valid as long as the candidate is matriculated in good standing in a teacher education program leading to the professional certificate, unless the candidate has completed such program.
(b) The candidate shall meet the requirements in each of the following paragraphs:
(1) Education. A candidate shall hold a graduate academic or graduate professional degree from a regionally accredited institution of higher education or from an institution authorized by the Board of Regents to confer degrees. A candidate shall complete study in the means for identifying and reporting suspected child abuse and maltreatment, which shall include at least two clock hours of coursework or training in the identification and reporting of suspected child abuse or maltreatment in accordance with the requirements of section 3004 of the Education Law. In addition, the candidate who applies for the certificate on or after February 2, 2001, shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the department pursuant to Subpart 57-2 of this Title.
(2) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination liberal arts and sciences test, and content specialty test(s) in the area of the certificate.
(3) Admission into an intensive program. The candidate shall submit satisfactory evidence of having been admitted into an intensive program leading to a professional certificate, as prescribed in section 52.21(b)(3)(xvi) of this Title.
(4) Employment and support commitment. The candidate shall submit satisfactory evidence of having a commitment from a school district of three years of employment as a teacher with the school district in the area of the certificate sought, which includes mentoring and support as prescribed in section 52.21(b)(3)(xvi) of this Title.
8 NY ADC 80-5.14
8 NY ADC 80-5.14
2008 WL 75115972
8 NY ADC 80-5.14
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Section 80-5.15 Alternative requirements for school district leader certificates.

(a) Requirements for the transitional D certificate for service as a school district leader, applicable to a candidate enrolled in an alternative school district leader certification program pursuant to section 52.21(c)(4) of this Title.
(1) General requirements.
(i) Time validity. The transitional D certificate shall be valid for five years from its effective date and shall not be renewable.
(ii) Limitations. The transitional D certificate shall authorize a candidate to serve as a school district leader in a school district or board of cooperative educational services (BOCES) which has provided a commitment for employment under an alternative school district leader certification program pursuant to section 52.21(c)(4) of this Title. The transitional D certificate shall only be valid as long as the candidate is matriculated in good standing in a registered alternative school district leader certification program and under the supervision of that program.
(2) To qualify for the transitional D certificate, the candidate shall meet the requirements in each of the following subparagraphs:
(i) Demonstrated potential through prior leadership experiences. The candidate must be approved by the department as an exceptionally qualified candidate for a school district leadership position with the substantial equivalent of three years of experience as a teacher, administrator, or pupil personnel provider in a public or non-public school, and the candidate shall submit to the department adequate evidence demonstrating such exceptional qualifications. The candidate shall demonstrate at least three years of exemplary service in a leadership position in an organization or organizations in which the candidate has demonstrated strong performance. Through this equivalent prior experience, the candidate shall demonstrate the following accomplishments:
(a) developed and promoted a vision for an organization;
(b) collaboratively identified goals and objectives for achieving that vision;
(c) communicated effectively to promote goals;
(d) lead comprehensive long-range planning, informed by multiple data sources for achieving goals;
(e) effected any needed change through ethical decision making based upon factual analysis even in the face of opposition;
(f) established accountability for achieving goals and objectives;
(g) developed staff capability for their roles in achieving goals;
(h) supervised the management of finances and facilities to support achievement of goals; and
(i) applied statutes and regulations in accordance with law and developed and implemented policies in accordance with law.
(ii) Program endorsement. The candidate shall submit to the department adequate evidence of the registered alternative school district leader certification program's endorsement of the candidate for a transitional D certificate, including the program's description of how the candidate met each criterion used by the program to determine that the candidate had exceptional qualifications for becoming a school district leader with the substantial equivalent of three years of experience as a teacher, administrator, or pupil personnel provider in a public or non-public school.
(iii) Employment and support commitment. The candidate shall submit satisfactory evidence of a written commitment from a school district or BOCES for district mentored and college supervised employment as a school district leader under the transitional D certificate, with mentoring of candidates for superintendent of schools to be provided by the regional BOCES District Superintendent or the New York City Regional Superintendent, or a superintendent identified by the regional BOCES District Superintendent or New York City Regional Superintendent, subject to the approval of the employing authorities.
(iv) Education. The candidate shall hold a graduate degree (academic or professional) from an accredited institution of higher education or from an institution authorized by the Board of Regents to confer degrees and submit satisfactory evidence of matriculation in a registered alternative school district leader certification program leading to a professional certificate.
(v) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment for school district leadership, provided that such assessment is available at the time the candidate applies and upon application qualifies for the transitional D certificate. The department shall determine the date on which such assessment is available and required.
(b) Requirements for the professional certificate as a school district leader, applicable for a candidate holding a transitional D certificate and matriculated in an alternative school district leader certification program pursuant to section 52.21(c)(4) of this Title. To qualify for the professional certificate, the candidate shall meet the requirements in each of the following paragraphs:
(1) The candidate shall hold the transitional D certificate.
(2) Education. The candidate shall hold a graduate degree (academic or professional) from an accredited institution of higher education or from an institution authorized by the Board of Regents to confer degrees and submit satisfactory evidence of having successfully completed an alternative school district leadership program leading to the professional certificate, registered by the department pursuant to section 52.21(c)(4) of this Title. Such registered alternative school district leadership program shall include a mentored experience, in accordance with the requirements of section 52.21(c)(4) of this Title. Upon program completion, the candidate shall have successfully completed at least 60 semester hours of graduate study that may include graduate study completed prior to admission to the registered alternative school district leadership program and graduate study completed in such program.
(3) Experience. The candidate shall have successfully completed three years of educational leadership service and/or classroom teaching service and/or pupil personnel service experience in public or non-public schools N-12, which must include at least one year of service in a position that requires certification as a school district leader under the transitional D certificate.
8 NY ADC 80-5.15
8 NY ADC 80-5.15
2008 WL 75115973
8 NY ADC 80-5.15
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Section 80-5.16 Transitional E certificate for teaching specific occupational subjects.

(a) General requirements.
(1) A candidate for the transitional E certificate must apply to the department for the certificate on or before February 1, 2004 and upon such application qualify for such certificate. A candidate who holds a valid transitional E certificate in a specific occupational subject may be issued a provisional certificate in such specific occupational subject, provided that upon such application the candidate qualifies for the provisional certificate.
(2) Limitations. The transitional E certificate shall authorize a candidate to teach only in a school district or Board of Cooperative Educational Services (BOCES) that has provided a written commitment to employ the candidate as a teacher of a specific occupational subject and provide the candidate with mentoring during the first year of employment under the transitional E certificate. The candidate shall provide the department with adequate documentation of such a commitment from a school district or BOCES.
(3) Time validity. The transitional E certificate shall be valid for three years from its effective date and shall not be renewable.
(4) The candidate shall meet the requirements of subdivision (b) or (c) of this section.
(b) Transitional E certificate in health occupations, technical subjects, trade subjects, and specialized subject areas in agriculture, business and distributive education (occupational), and home economics (occupational) - as defined by the commissioner. Associate degree program.
(1) Education. The candidate shall hold an associate degree in the occupational area for which certification is sought from an institution whose program is registered or recognized by the department.
(2) Experience. The candidate shall have a minimum of two years of appropriate experience in blocks of not less than three months in the occupation for which the certificate is to be issued. (This experience, clearly related to the technology in which the associate degree is granted, may be accrued either prior to or upon completion of the associate degree program.)
(c) Transitional E certificate in trade subjects and specialized subject areas in agriculture, health occupations, and home economics (occupational) - as defined by the commissioner. Nondegree program.
(1) Education. The candidate shall hold a high school diploma or its equivalent.
(2) Experience. The candidate shall have a minimum of four years of appropriate experience in blocks of not less than three months in the occupation for which the certificate is to be issued. (This experience, clearly related to the occupation for which the certificate is to be issued, may be accrued either prior to or upon completion of high school graduation.)
(3) Examination. The candidate shall have achieved a satisfactory level of performance on the New York State Teacher Certification Examination communication and quantitative skills test.
8 NY ADC 80-5.16
8 NY ADC 80-5.16
2008 WL 75115974
8 NY ADC 80-5.16
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Section 80-5.17 Conditional initial certificate in the classroom teaching service.

(a) Conditional initial certificate in the classroom teaching service. For initial certification in a certificate title in the classroom teaching service for which this Part requires completion of an examination requirement, the commissioner may issue to a candidate who has not met such examination requirement a two-year nonrenewable conditional initial certificate, notwithstanding that the examination requirement has not been met, and deem that all other requirements for the initial teacher's certificate in the certificate title in the classroom teaching service have been met, provided that the candidate holds a valid regular teacher's certificate or an authorization to practice that the commissioner deems equivalent in the same or an equivalent title by a state which has contracted with the State of New York pursuant to section 3030 of the Education Law, the interstate agreement on the qualifications of educational personnel, or another state or country provided that the commissioner determines that the teacher's certificate issued by the other state or country evidences knowledge, skills and abilities comparable to those required for certification in New York State.
(b) Conditional initial certificate in the title school building leader. The commissioner may issue a two-year nonrenewable conditional initial certificate in the title school building leader to a candidate who applies for the certificate after September 1, 2006 and meets the following requirements:
(1) the candidate has completed successfully the education requirement prescribed in section 80-3.10(a)(1) of this Part and all other requirements for the initial certificate in the title school building leader, except the examination requirement; and
(2) the candidate holds a valid regular certificate or an authorization to practice that the commissioner deems equivalent in an equivalent title to the title school building leader issued by a state which has contracted with the State of New York pursuant to section 3030 of the Education Law, the interstate agreement on qualifications of educational personnel, or another state or country provided that the commissioner determines that the certificate issued by the other state or country evidences knowledge, skills and abilities comparable to those required for certification in New York State.
(c) To meet the requirements for a full initial certificate in the certificate title of the conditional initial certificate, the candidate shall be required to submit to the commissioner, at least 60 days prior to the expiration of the conditional initial certificate, satisfactory evidence of meeting the examination requirement for the initial certificate title sought, as prescribed in this Part. If the candidate meets such examination requirement and all other requirements for the initial certificate title sought, the commissioner shall issue the initial certificate.

8 NY ADC 80-5.17
8 NY ADC 80-5.17
2008 WL 75115975
8 NY ADC 80-5.17
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Section 80-5.18 Supplementary certificate.
(a) Purpose. The purpose of the supplementary certificate is to authorize a teacher who is currently certified in a title in the classroom teaching service to teach in a different title in the classroom teaching service for which there is a demonstrated shortage of certified teachers, while the teacher is engaged in study at an institution of higher education to complete requirements necessary to qualify for the new certificate.
(b) Limitations. The supplementary certificate shall be valid for three years from its effective date and shall not be renewable. The supplementary certificate shall be limited to employment with an employing entity.
(c) Requirements. To be eligible for a supplementary certificate, a candidate shall meet the requirements in each of the following paragraphs:
(1) Application. The candidate shall apply for the supplementary certificate, and upon application qualify for the certificate, in a certificate title in the classroom teacher service for which there is a demonstrated shortage of certified teachers as determined by the department.
(2) Certification. The candidate shall hold a valid provisional, initial, permanent, or professional certificate in a title in the classroom teaching service identified in Subpart 80-2 or 80-3 of this Part.
(3) The candidate shall agree to be enrolled in study at an institution of higher education leading to an initial or professional certificate in the certificate title sought.
(4) Education.
(i) The candidate shall hold the minimum degree required for an initial certificate in the certificate title sought.
(ii) The candidate shall have completed coursework as prescribed in this subparagraph. The candidate shall have achieved at least a C or its equivalent in any undergraduate level course and at least a B- or its equivalent in any graduate level course submitted to meet the coursework requirements of this subparagraph.
(a) For candidates seeking a certificate, other than one of the certificates for the instruction of students with disabilities, a certificate for the instruction of the deaf and hard of hearing, a certificate for the instruction of the blind or visually impaired, a certificate for the instruction of literacy, or a certificate for teaching English to speakers of other languages, the candidate shall have completed twelve semester hours of study in the content core required for the initial certificate in the certificate title sought, as prescribed in section 80-3.7 of this Part.
(b) For candidates seeking one of the certificates for the instruction of students with disabilities, the candidate shall have completed nine semester hours of study in the instruction of students with disabilities, as prescribed in the pedagogical core required for the initial certificate in the certificate title sought, set forth in section 80-3.7 of this Part.
(c) For candidates seeking a certificate for the instruction of students who are deaf and hard of hearing, the candidate shall have completed nine semester hours in the instruction of the deaf and hard of hearing, as prescribed in the pedagogical core for the initial certificate in this certificate title, set forth in section 80-3.7 of this Part.
(d) For candidates seeking a certificate for the instruction of the blind or visually impaired, the candidate shall have completed nine semester hours in the instruction of the blind or visually impaired as prescribed in the pedagogical core for the initial certificate in this certificate title, set forth in section 80-3.7 of this Part.
(e) For candidates seeking one of the certificates for the instruction of literacy, the candidate shall have completed nine semester hours of study in literacy education, as prescribed in the pedagogical core required for the initial certificate in the certificate title sought, set forth in section 80- 3.7 of this Part.
(f) For candidates seeking a certificate for teaching English to speakers of other languages, the candidate shall have completed six semester hours of coursework in methods of second language teaching in the elementary and secondary grades and six semester hours in teaching literacy skills, as prescribed in the pedagogical core for the initial certificate in this certificate title, set forth in section 80-3.7 of this Part.
(5) The candidate shall submit a statement by the Chancellor, in the case of employment with the City School District of the City of New York; or by the superintendent, in the case of other employing boards; or by the chief school officer, in the case of employment with another entity required by law to employ certified teachers certifying:
(i) the employing entity seeks to employ the candidate in a teaching position in a certificate title in the classroom teaching service with a demonstrated shortage of certified teachers as determined by the department for which the candidate would need the supplementary certificate to qualify;
(ii) the employing entity will require, as a condition of employment under the supplementary certificate, the candidate's enrollment in study at an institution of higher education leading to an initial or professional certificate in the certificate title sought; and
(iii) the employing entity will provide appropriate support to the candidate undertaking a teaching assignment under the supplementary certificate to ensure the maintenance of quality instruction for students.
(6) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the Content Specialty Test in the area of the certificate title sought, if available.
8 NY ADC 80-5.18
8 NY ADC 80-5.18
2008 WL 75115976
8 NY ADC 80-5.18
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Section 80-5.19 Teachers of adult, community and continuing education.

(a) A person teaching an avocational subject shall have three years of preparation and/or experience in the subject which the individual is employed to teach. When no such prepared and/or experienced person is available after extensive recruitment, an individual with less preparation and/or experience may be employed upon a finding by the chief school officer that such individual has sufficient preparation and/or experience to teach the subject.
(b) A person teaching an occupational education subject for which no high school credit is granted and for which there is no appropriate teaching certificate shall have three years of preparation and/or experience in the subject which the individual is employed to teach. When no such prepared and/or experienced person is available after extensive recruitment, an individual with less preparation and/or experience may be employed upon a finding by the chief school officer that such individual has sufficient preparation and/or experience to teach the subject.
8 NY ADC 80-5.19
8 NY ADC 80-5.19
2008 WL 75115977
8 NY ADC 80-5.19
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Section 80-5.20 Endorsement of certificates for service as a school district leader and school district business leader.

(a) School district leader.
(1) The commissioner may endorse the certificate of another state or territory of the United States or the District of Columbia for service as a school district leader, provided that the candidate meets the following requirements:
(i) The candidate shall hold a valid certificate of another state or territory of the United States or the District of Columbia that is equivalent to the professional certificate as a school district leader.
(ii) The candidate shall meet the general requirements for certificates prescribed in Subpart 80-1 of this Part, including but not limited to the requirements of section 80-1.3 relating to citizenship, section 80-1.4 relating to study in child abuse identification and reporting, and school violence prevention and intervention; and section 80-1.11 relating to a criminal history record check.
(iii) The candidate shall hold a master's or higher degree from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the department, or have equivalent educational preparation as determined by the commissioner.
(iv) The candidate shall have had at least three years of satisfactory experience in a public school (grades N-12) in another state or territory of the United States or the District of Columbia in a position that would have required the professional certificate as a school district leader for employment in New York State and while under a certificate issued by such other state authorizing such service, which experience must have been completed within ten years immediately preceding the application for endorsement of the out-of-state certificate; or the candidate shall have equivalent experience as determined by the commissioner.
(2) Such candidate who meets the endorsement requirements in paragraph (1) of this subdivision shall be issued a professional certificate as a school district leader. The professional certificate as a school district leader shall be continuously valid, provided that the professional development requirement prescribed in section 80-3.6 of this Part is met by the professional certificate holder. The professional certificate holder shall be required to meet such professional development requirement to maintain the continued validity of the professional certificate.
(b) School district business leader.
(1) The commissioner may endorse the certificate of another state or territory of the United States or the District of Columbia for service as a school district business leader, provided that the candidate meets the following requirements:
(i) The candidate shall hold a valid certificate of another state or territory of the United States or the District of Columbia that is equivalent to the professional certificate as a school district business leader.
(ii) The candidate shall meet the general requirements for certificates prescribed in Subpart 80-1 of this Part, including but not limited to the requirements of section 80-1.3 relating to citizenship, section 80-1.4 relating to study in child abuse identification and reporting, and school violence prevention and intervention; and section 80-1.11 relating to a criminal history record check.
(iii) The candidate shall hold a master's or higher degree from a regionally accredited higher education institution or an equivalently approved higher education institution as determined by the department, or have equivalent educational preparation as determined by the commissioner.
(iv) The candidate shall have had at least three years of satisfactory experience in a public school (grades N-12) in another state or territory of the United States or the District of Columbia in a position that would have required the professional certificate as a school district business leader for employment in New York State and while under a certificate issued by such other state authorizing such service, which experience must have been completed within ten years immediately preceding the application for endorsement of the out-of-state certificate; or the candidate shall have equivalent experience as determined by the commissioner.
(2) Such candidate who meets the endorsement requirements in paragraph (1) of this subdivision shall be issued a professional certificate as a school district business leader. The professional certificate as a school district business leader shall be continuously valid, provided that the professional development requirement prescribed in section 80-3.6 of this Part is met by the professional certificate holder. The professional certificate holder shall be required to meet such professional development requirement to maintain the continued validity of the professional certificate.

8 NY ADC 80-5.20
8 NY ADC 80-5.20
2008 WL 75115978
8 NY ADC 80-5.20
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Section 80-5.21. Authorization for appointment or assignment of a teacher to provide instructional support services.

(a) Purpose. The purpose of this section is to authorize a board of education or board of cooperative educational services to appoint or assign an experienced and qualified teacher to provide instructional support services to other school personnel.
(b) Requirements for authorization to provide instructional support services. To be eligible to provide instructional support services to other school personnel, a candidate shall meet the requirements in either paragraph (1) or (2) of this subdivision.
(1)(i) Certification. The candidate shall hold a valid permanent or professional certificate in the teaching service identified in Subpart 80-2 or 80-3 of this Part and be competent and qualified to perform instructional support services by meeting the education and experience qualifications set by the employing school district or board of cooperative educational services, including holding any appropriate certificate(s) in the teaching service required by the school district or board of cooperative educational services for such position.
(ii) Experience. The candidate shall have at least three years of satisfactory experience as a teacher as defined in section 80-1.1 of this Part, as determined by the department.
(2)(i) Certification. The candidate shall hold a valid initial, provisional, permanent or professional certificate in the teaching service identified in Subpart 80-2 or 80-3 of this Part and be competent and qualified to perform instructional support services by meeting the education and experience qualifications set by the employing school district or board of cooperative educational services, including holding any appropriate certificate(s) in the teaching service required by the school district or board of cooperative educational services for such position.
(ii) Education. The candidate shall hold an educational degree(s) beyond the baccalaureate level for which the superintendent of school or district superintendent finds sufficiently qualifies such person to be competent and qualified to provide instructional support services.

8 NY ADC 80-5.21
8 NY ADC 80-5.21
2009 WL 71838283
8 NY ADC 80-5.21
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Section 80-5.22. Transitional G certificate for career changers and others holding a graduate or higher degree in science, technology, engineering or mathematics and with at least two years of acceptable post-secondary teaching experience.
(a) General requirements.
(1) Time validity. The transitional G certificate shall be valid for two years.
(2) Limitations. The transitional G certificate shall authorize a candidate to teach only in a school district for which a commitment for employment has been made. The candidate shall meet the requirements in each of the following paragraphs:
(i) Education. A candidate shall hold a graduate degree in science, technology, engineering or mathematics from a regionally or nationally accredited institution of higher education, a higher education institution that the commissioner deems substantially equivalent, or from an institution authorized by the Board of Regents to confer degrees. A candidate shall complete study in the means for identifying and reporting suspected child abuse and maltreatment, which shall include at least two clock hours of coursework or training in the identification and reporting of suspected child abuse or maltreatment in accordance with the requirements of section 3004 of the Education Law. In addition, the candidate shall complete at least two clock hours of coursework or training in school violence prevention and intervention, as required by section 3004 of the Education Law, which is provided by a provider approved or deemed approved by the department pursuant to Subpart 57-2 of this Title.
(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State Teacher Certification Examination liberal arts and sciences test.
(iii) Post-secondary teaching experience. The candidate shall submit evidence of at least two years of satisfactory teaching experience at the post-secondary level in the certificate area to be taught or in a closely related subject area acceptable to the department.
(iv) Employment and support commitment. The candidate shall submit satisfactory evidence of having a commitment from a school district of at least two years of employment as a teacher with the school district in the area of the certificate sought, which shall include mentoring and at least 70 hours of professional development targeted toward appropriate pedagogical skills, over the two years of employment.
8 NY ADC 80-5.22
8 NY ADC 80-5.22
2011 WL 72491025
8 NY ADC 80-5.22
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Last Updated: November 1, 2011