New York Consolidated Laws, Education Law - EDN § 3004. Regulations governing certification of teachers

1. The commissioner shall prescribe, subject to approval by the regents, regulations governing the examination and certification of teachers employed in all public schools of the state, except that no such regulation affecting the examination, certification, license, probationary periods, appointment, and tenure of position of persons employed in the teaching, and supervising service in a city having a population of four hundred thousand or more shall be prescribed which may cause the discontinuance of the service of such persons who have satisfactorily completed their probationary periods, or the removal of such persons from their positions in a manner other than that provided by section twenty-five hundred seventy-three of this chapter, but no such regulations established by the commissioner or by any school district, or pursuant to the provisions of section twenty-five hundred fifty-four , twenty-five hundred sixty-six , twenty-five hundred sixty-nine , twenty-five hundred seventy-three or three thousand eight of this chapter or otherwise, shall hereafter prohibit, prevent or disqualify any person, who is otherwise qualified, from competing, participating and registering for such examination or from obtaining a teacher's certificate or from qualifying for a position as a teacher solely by reason of a disability provided such disability does not interfere with such person's ability to perform teaching duties, nor shall any person who is otherwise qualified be denied enrollment in any teacher training, which provides for certification as a teacher in a school or facility which conducts classes for children with disabilities solely by reason of a disability.

1-a. The commissioner shall waive fees paid by applicants for the renewal of a temporary teaching certificate or license, as defined by the commissioner, if such certificate or license lapsed while such applicant was deployed by the United States armed forces and any of its reserve components in a combat theater or combat zone of operations at any time on or after the second day of August, nineteen hundred ninety.

2. Notwithstanding any other provision of law, the commissioner shall prescribe regulations requiring that all persons applying, on or after January first, nineteen hundred ninety-one, for a certificate or license to be a teacher shall, in addition to all the other certification or licensure requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment.  The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training.  The coursework or training shall include information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law , including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report.  Each applicant shall provide the department with documentation showing that he or she has completed the required training.

3. The commissioner shall prescribe regulations requiring that all persons applying on or after February second, two thousand one for a teaching certificate or license, including but not limited to a certificate or license valid for service as a classroom teacher, teaching assistant, pupil personnel service professional, school administrator or supervisor or superintendent of schools, shall, in addition to all the other certification or licensing requirements, have completed two hours of course work or training in school violence prevention and intervention.  The course work or training shall be obtained from an institution or provider which has been approved by the department to provide such course work or training.  Such regulations shall also require that school districts and boards of cooperative educational services include training for teachers and other certified or licensed employees in school violence prevention and intervention in their required professional development plans.

4. a. The commissioner shall prescribe regulations requiring that all persons applying on or after September second, two thousand nine for a teaching certificate or license as a special education teacher for the purposes pursuant to article eighty-nine of this chapter shall, in addition to all the other certification or licensing requirements, have completed enhanced course work or training in area of children with autism.  In addition, such regulations shall require that enhanced training in the needs of autistic children be provided to each certified school administrator or supervisor assigned on or after September second, two thousand nine to serve as a special education administrator.  Such training shall be provided prior to, or as soon as practicable following, assignment as a special education administrator.  Individuals serving as special education administrators as of September second, two thousand nine shall complete such training by such date.  The enhanced course work or training shall be obtained from an institution or provider which has been approved by the department to provide such course work or training in the needs of autistic children, provided that enhanced training for certified school administrators or supervisors that meets standards prescribed by the commissioner may be included in the professional development provided by the school district or board of cooperative educational services to such administrators or supervisors.

b. The commissioner shall assure that teacher preparation institutions, in the two thousand eight--two thousand nine academic year, include instruction in the needs of autistic children in all programs leading to certification as a special education teacher.

5. Notwithstanding any other provision of law, the commissioner is authorized and empowered to certify or require training of teachers, administrators and instructors in the area of autistic needs.  The commissioner shall have the power to prescribe the necessary regulations and establish such programs and training related to the needs of autistic children.  Such programs and training shall be obtained from an institution or provider which has been approved by the department to provide such programs and training, except that a school district or board of cooperative educational services may provide such training as part of its professional development program.

6. The regents and the commissioner shall review the alternative teacher preparation programs available to candidates for teaching certificates under the regulations of the commissioner in the two thousand seven--two thousand eight school year and shall consider means of expanding the availability of such preparation in the future, while maintaining teacher quality.  The regents and the commissioner shall develop programs to assist in the expansion of alternative teacher preparation programs.


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