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A01039 Summary:

BILL NOA01039
 
SAME ASSAME AS S04016
 
SPONSORNolan
 
COSPNSRMiller MG
 
MLTSPNSR
 
Amd 3006-a, Ed L
 
Relates to continuing education requirements for certain certified individuals employed by nonpublic schools.
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A01039 Actions:

BILL NOA01039
 
01/10/2017referred to education
05/01/2017reported referred to ways and means
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A01039 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1039
 
SPONSOR: Nolan
  TITLE OF BILL: An act to amend the education law, in relation to continuing education requirements for certain certified individuals employed by nonpublic schools   PURPOSE OR GENERAL IDEA OF BILL: To ensure that continuing education requirements apply to all holders of professional certificates in the classroom teaching service, holders of level III teaching assistant certificates, and holders of profession certificates in the educational leadership or service regardless of whether they are employed by a school district, BOCES or nonpublic school   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraph D of subdivision 1 and subdivision 3 of Section 3006-a of the Education Law by adding nonpublic schools to the provisions relating to the continuing education requirements for all holders of professional certificates in the classroom teaching service, holders of level III teaching assistant certificates, and holders of professional certificates in the educational leadership service. Section 2 sets forth an immediate effective date.   JUSTIFICATION: The 2015-2016 State Budget added section 3006-A to the Education Law to require all holders of teaching certificates, teaching assistance certificates, and educational leadership certificates which are valid for life (Permanent, Professional and Teaching Assistant Level III) to register with the Department every five years and that holders of the Professional and Teaching Assistant Level III certificates complete 100 hours of continuing teacher and leader education during the five year registration period. The section inadvertently omitted such individuals employed by nonpublic schools from the continuing education provisions. Because the State sets certification standards, no such state-certified individual, by virtue of their employment in a nonpublic school, should be exempt from requirements necessary to maintain their certification. Accordingly, this measure is necessary to clarify that continuing educa- tion requirements will continue to apply to all such currently employed certificate holders.   PRIOR LEGISLATIVE HISTORY: A.10521/S.7625 of 2016   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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A01039 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1039
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by M. of A. NOLAN -- read once and referred to the Committee
          on Education
 
        AN ACT to amend the education law, in relation to  continuing  education
          requirements  for  certain certified individuals employed by nonpublic
          schools
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph d of subdivision 1 and subdivision 3 of section
     2  3006-a of the education law, as added by section 2 of subpart C of  part
     3  EE of chapter 56 of the laws of 2015, are amended to read as follows:
     4    d. Any certificate holder who is not practicing as a teacher, teaching
     5  assistant  or  educational  leader  in  a school district [or], board of
     6  cooperative educational services, or nonpublic school that is  providing
     7  instruction  pursuant  to  subdivision two of section thirty-two hundred
     8  four of this title in this state shall be  exempt  from  the  continuing
     9  teacher  and  leader  education requirement upon the filing of a written
    10  statement with the department declaring such status.  Any  holder  of  a
    11  professional  certificate in the classroom teaching service, holder of a
    12  level III teaching assistant certificate and holder  of  a  professional
    13  certificate  in  the educational leadership service who resumes practice
    14  during the five-year registration period  shall  notify  the  department
    15  prior  to  resuming  practice and shall meet such continuing teacher and
    16  leader education  requirements  as  prescribed  in  regulations  of  the
    17  commissioner.
    18    3.  The  department, in its discretion, may issue a conditional regis-
    19  tration to a teacher, teaching assistant  or  educational  leader  in  a
    20  school  district  [or],  board  of  cooperative educational services, or
    21  nonpublic school that is providing instruction pursuant  to  subdivision
    22  two  of  section thirty-two hundred four of this title in this state who
    23  fails to meet the continuing teacher and leader  education  requirements
    24  established in subdivision two of this section but who agrees to make up
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04725-01-7

        A. 1039                             2
 
     1  any  deficiencies  and take any additional continuing teacher and leader
     2  education which the department may require. The duration of such  condi-
     3  tional registration shall be determined by the department. Any holder of
     4  a  professional certificate in the classroom teaching service, holder of
     5  a level III teaching assistant certificate or holder of  a  professional
     6  certificate  in  the educational leadership service and any other certi-
     7  fied individual required by the  commissioner  to  register  every  five
     8  years  who  is  notified  of  the  denial of registration for failure to
     9  submit evidence, satisfactory to the department, of required  continuing
    10  teacher  and  leader  education and who practices without such registra-
    11  tion, shall be subject to moral character review under subdivision seven
    12  of section three hundred five of this chapter.
    13    § 2. This act shall take effect immediately.
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