§ 3004 — Regulations governing certification of teachers

§ 3004. Regulations governing certification of teachers. 1. The\ncommissioner shall prescribe, subject to approval by the regents,\nregulations governing the examination and certification of teachers\nemployed in all public schools of the state, except that no such\nregulation affecting the examination, certification, license,\nprobationary periods, appointment, and tenure of position of persons\nemployed in the teaching, and supervising service in a city having a\npopulation of four hundred thousand or more shall be prescribed which\nmay cause the discontinuance of the service of such persons who have\nsatisfactorily completed their probationary periods, or the removal of\nsuch persons from their positions in a manner other than that provided\nby section twenty-five hundred seventy-three of this chapter, but no\nsuch regulations established by the commissioner or by any school\ndistrict, or pursuant to the provisions of section twenty-five hundred\nfifty-four, twenty-five hundred sixty-six, twenty-five hundred\nsixty-nine, twenty-five hundred seventy-three or three thousand eight of\nthis chapter or otherwise, shall hereafter prohibit, prevent or\ndisqualify any person, who is otherwise qualified, from competing,\nparticipating and registering for such examination or from obtaining a\nteacher's certificate or from qualifying for a position as a teacher\nsolely by reason of a disability provided such disability does not\ninterfere with such person's ability to perform teaching duties, nor\nshall any person who is otherwise qualified be denied enrollment in any\nteacher training, which provides for certification as a teacher in a\nschool or facility which conducts classes for children with disabilities\nsolely by reason of a disability.\n 1-a. The commissioner shall waive fees paid by applicants for the\nrenewal of a temporary teaching certificate or license, as defined by\nthe commissioner, if such certificate or license lapsed while such\napplicant was deployed by the United States armed forces and any of its\nreserve components in a combat theater or combat zone of operations at\nany time on or after the second day of August, nineteen hundred ninety.\n 2. Notwithstanding any other provision of law, the commissioner shall\nprescribe regulations requiring that all persons applying, on or after\nJanuary first, nineteen hundred ninety-one, for a certificate or license\nto be a teacher shall, in addition to all the other certification or\nlicensure requirements, have completed two hours of coursework or\ntraining regarding the identification and reporting of child abuse and\nmaltreatment. The coursework or training shall be obtained from an\ninstitution or provider which has been approved by the department to\nprovide such coursework or training. The coursework or training shall\ninclude information regarding the physical and behavioral indicators of\nchild abuse and maltreatment and the statutory reporting requirements\nset out in sections four hundred thirteen through four hundred twenty of\nthe social services law, including but not limited to, when and how a\nreport must be made, what other actions the reporter is mandated or\nauthorized to take, the legal protections afforded reporters, and the\nconsequences for failing to report. Each applicant shall provide the\ndepartment with documentation showing that he or she has completed the\nrequired training.\n 3. The commissioner shall prescribe regulations requiring that all\npersons applying on or after February second, two thousand one for a\nteaching certificate or license, including but not limited to a\ncertificate or license valid for service as a classroom teacher,\nteaching assistant, pupil personnel service professional, school\nadministrator or supervisor or superintendent of schools, shall, in\naddition to all the other certification or licensing requirements, have\ncompleted two hours of course work or training in school violence\nprevention and intervention. The course work or training shall be\nobtained from an institution or provider which has been approved by the\ndepartment to provide such course work or training. Such regulations\nshall also require that school districts and boards of cooperative\neducational services include training for teachers and other certified\nor licensed employees in school violence prevention and intervention in\ntheir required professional development plans.\n 4. a. The commissioner shall prescribe regulations requiring that all\npersons applying on or after September second, two thousand nine for a\nteaching certificate or license as a special education teacher for the\npurposes pursuant to article eighty-nine of this chapter shall, in\naddition to all the other certification or licensing requirements, have\ncompleted enhanced course work or training in area of children with\nautism. In addition, such regulations shall require that enhanced\ntraining in the needs of autistic children be provided to each certified\nschool administrator or supervisor assigned on or after September\nsecond, two thousand nine to serve as a special education administrator.\nSuch training shall be provided prior to, or as soon as practicable\nfollowing, assignment as a special education administrator. Individuals\nserving as special education administrators as of September second, two\nthousand nine shall complete such training by such date. The enhanced\ncourse work or training shall be obtained from an institution or\nprovider which has been approved by the department to provide such\ncourse work or training in the needs of autistic children, provided that\nenhanced training for certified school administrators or supervisors\nthat meets standards prescribed by the commissioner may be included in\nthe professional development provided by the school district or board of\ncooperative educational services to such administrators or supervisors.\n b. The commissioner shall assure that teacher preparation\ninstitutions, in the two thousand eight--two thousand nine academic\nyear, include instruction in the needs of autistic children in all\nprograms leading to certification as a special education teacher.\n 5. Notwithstanding any other provision of law, the commissioner is\nauthorized and empowered to certify or require training of teachers,\nadministrators and instructors in the area of autistic needs. The\ncommissioner shall have the power to prescribe the necessary regulations\nand establish such programs and training related to the needs of\nautistic children. Such programs and training shall be obtained from an\ninstitution or provider which has been approved by the department to\nprovide such programs and training, except that a school district or\nboard of cooperative educational services may provide such training as\npart of its professional development program.\n 6. The regents and the commissioner shall review the alternative\nteacher preparation programs available to candidates for teaching\ncertificates under the regulations of the commissioner in the two\nthousand seven--two thousand eight school year and shall consider means\nof expanding the availability of such preparation in the future, while\nmaintaining teacher quality. The regents and the commissioner shall\ndevelop programs to assist in the expansion of alternative teacher\npreparation programs.\n