N.Y. Education Law § 3004: Regulations governing certification of teachers

§ 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.