Establishes teachers and teaching assistants as licensed professionals; sets qualifications for such licensure; sets forth requirements for filing and disciplinary procedures and remedies; provides for loss of license upon a felony conviction.
STATE OF NEW YORK
________________________________________________________________________
S. 2113 A. 3043
2015-2016 Regular Sessions
SENATE - ASSEMBLY
January 21, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Higher Educa-
tion
IN ASSEMBLY -- Introduced by M. of A. NOLAN -- read once and referred to
the Committee on Higher Education
AN ACT to amend the education law, in relation to the practice and
licensure of teachers and teaching assistants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 168 to
2 read as follows:
3 ARTICLE 168
4 TEACHING PROFESSION
5 Section 8900. Introduction.
6 8901. Definitions.
7 8902. Definition of the practice of teaching.
8 8903. Practice of teaching and use of title "professional teach-
9 er" or "licensed teaching assistant".
10 8904. State board for teaching.
11 8905. Types of licenses.
12 8906. Requirements for a professional teacher's license.
13 8907. Requirements for a license as a teaching assistant.
14 8908. Limited permits.
15 8909. Exempt persons.
16 8910. Special provisions.
17 8911. Disciplinary procedures and remedies.
18 8912. Penalties upon conviction of a felony.
19 § 8900. Introduction. This article applies to the profession of teach-
20 ing. Except as otherwise provided in this article, the general
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03072-01-5
S. 2113 2 A. 3043
1 provisions for all professions contained in article one hundred thirty
2 of this title apply to this article.
3 § 8901. Definitions. As used in this article:
4 1. "Professional teacher" means a person licensed or otherwise author-
5 ized pursuant to this article to practice teaching in the public schools
6 and nonpublic schools or in any program for the education of children
7 with disabilities or preschool children with disabilities, provided that
8 such term shall not include a licensed teaching assistant.
9 2. "Licensed teaching assistant" means a person licensed or otherwise
10 authorized pursuant to this article to practice as a teaching assistant
11 in the public schools and nonpublic schools or in any program for the
12 education of children with disabilities or preschool children with disa-
13 bilities.
14 3. "State board" means the state board for teaching.
15 4. "Superintendent of schools" means the chief school officer of any
16 public or nonpublic school district in the state, including the city
17 school district of the city of New York and any community school
18 district therein, or a district superintendent of schools.
19 § 8902. Definition of the practice of teaching. 1. The practice of the
20 profession of teaching as a professional teacher is defined as providing
21 instruction or educational support services to pupils, when appointed or
22 otherwise employed by the governing body of a public or nonpublic school
23 district, a board of cooperative educational services, or a county voca-
24 tional education and extension board, or when employed by any entity in
25 a program for the education of children with disabilities or preschool
26 children with disabilities.
27 2. The practice of teaching as a licensed teaching assistant is
28 defined as assisting a professional teacher by providing direct instruc-
29 tional services to pupils under the general supervision of such teacher,
30 when appointed, or otherwise employed, by the governing body of a public
31 or nonpublic school district, a board of cooperative educational
32 services, or a county vocational education and extension board, or when
33 employed by any entity in a program for the education of children with
34 disabilities or preschool children with disabilities.
35 § 8903. Practice of teaching and use of title "professional teacher"
36 or "licensed teaching assistant". Only a person licensed or otherwise
37 authorized or exempted under this article may practice teaching,
38 provided, however, that nothing in this article shall be construed as to
39 require nonpublic schools to employ or preclude nonpublic schools from
40 employing professional teachers or professional teaching assistants
41 licensed pursuant to this article. Only a person licensed or otherwise
42 authorized under this article to practice teaching as a professional
43 teacher may use the title "professional teacher". Only a person licensed
44 or otherwise authorized under this article to practice teaching as a
45 teaching assistant may use the title "licensed teaching assistant."
46 § 8904. State board for teaching. 1. A state board for teaching shall
47 be appointed by the board of regents on recommendation of the commis-
48 sioner for the purpose of assisting the board of regents and the depart-
49 ment on matters of professional licensing and professional conduct in
50 accordance with section sixty-five hundred eight of this title. The
51 commissioner may receive nominations for the teacher category of board
52 membership from statewide teacher organizations representing teacher
53 collective bargaining units and may receive nominations for the remain-
54 ing categories of membership from appropriate statewide representative
55 organizations, but the board of regents shall not be required to appoint
56 candidates so nominated.
S. 2113 3 A. 3043
1 2. Notwithstanding any provisions of section sixty-five hundred eight
2 of this title to the contrary, the state board for teaching shall have
3 the composition prescribed in this subdivision. The state board shall
4 consist of no less than twenty-four voting members, and shall be
5 composed as follows:
6 a. Thirteen members or at least sixty percent of the total membership
7 of the state board without rounding, whichever is greater, shall be
8 professional teachers without administrative or supervisory duties who
9 have been employed on a full-time basis for at least five years and who
10 possess licenses as professional teachers; provided that services as a
11 mentor or lead teacher shall not be considered administrative or super-
12 visory duties for purposes of this paragraph;
13 b. One member shall be a professional teacher who has been employed on
14 a full-time basis in a program for the education of children with disa-
15 bilities or preschool children with disabilities and who possesses a
16 license as a professional teacher;
17 c. One member shall be a licensed teaching assistant employed for at
18 least five years;
19 d. One member shall be a superintendent or district superintendent of
20 schools who as a school superintendent has practiced school superinten-
21 dency for at least five years;
22 e. One member shall be an administrator;
23 f. One member shall be a public representative who is the parent of a
24 child attending a public school or program for the education of children
25 with disabilities or preschool children with disabilities at the time of
26 appointment;
27 g. One member shall be a public representative who is the parent of a
28 child attending a nonpublic school or program for the education of chil-
29 dren with disabilities or preschool children with disabilities at the
30 time of appointment;
31 h. One member shall be a public representative who is a member of the
32 board of education of a public school district outside of the city of
33 New York at the time of appointment;
34 i. One member shall be a public representative who is a member of the
35 board of education of the city school district of the city of New York
36 or the board of education of a community school district within the city
37 of New York at the time of appointment;
38 j. Three members shall, at the time of appointment, be educators
39 employed by an institution of higher education within New York state who
40 have been directly involved in the preparation of teachers for at least
41 five years;
42 k. No member appointed shall be counted in more than one category set
43 forth in paragraphs a through j of this subdivision.
44 3. Each member of the state board shall be appointed for a term of
45 five years, except that the terms of those first appointed shall be
46 arranged so that as nearly as possible an equal number shall terminate
47 annually. A vacancy occurring during a term shall be filled by appoint-
48 ment by the board of regents in accordance with subdivision one of this
49 section for the unexpired term. In addition, the state board shall
50 establish rosters of auxiliary members from candidates nominated by
51 statewide teacher organizations representing teacher and teaching
52 assistant collective bargaining units and professional associations of
53 professional teachers and teaching assistants, for appointment by the
54 board of regents, on the recommendation of the commissioner, to serve as
55 members of the state board solely for the purposes of professional
56 disciplinary proceedings, proceedings relating to the moral character of
S. 2113 4 A. 3043
1 an applicant for licensure and proceedings relating to applications for
2 the restoration of a professional license.
3 § 8905. Types of licenses. The commissioner may, in regulations
4 approved by the board of regents after consultation with the state
5 board, provide for the issuance of licenses, limited to specific areas
6 in which an applicant is qualified to practice. If licenses are so
7 limited, no person shall be authorized to provide teaching services
8 pursuant to such license except in the area for which it is issued;
9 provided that such regulations may authorize practice outside of the
10 license area on an incidental basis, as defined in such regulations.
11 § 8906. Requirements for a professional teacher's license. To qualify
12 for a license as a professional teacher, an applicant shall fulfill the
13 requirements prescribed by the commissioner in regulations approved by
14 the board of regents after consultation with the state board, which, at
15 a minimum, shall include the following:
16 1. Application: File an application with the department;
17 2. Education:
18 a. Initial requirements for the license shall include a bachelor's
19 degree from a registered program or its equivalent, a passing score on
20 state-required professional examinations, successful completion of a
21 year-long supervised academic teaching internship in a public or nonpub-
22 lic elementary and/or secondary school.
23 b. Maintenance of the license would require, every three years, having
24 attained state-approved continuing or in-service education credits, with
25 the following additions:
26 (1) Maintenance of registration after the second three-year period
27 shall require an earned master's degree functionally related to the
28 field of teaching service as well as evidence of satisfactory perform-
29 ance on state-sanctioned teacher specialty examinations and assessments
30 of teaching skills.
31 (2) Age: Be at least eighteen years of age;
32 (3) Character: Be of good moral character as determined by the state
33 board's codes of ethics and practice; and
34 (4) Fees: Pay the following fees to the department:
35 a. A fee of one hundred thirty-five dollars for initial licensure,
36 provided that only one such fee shall be payable for licensure of an
37 applicant who simultaneously files multiple applications for licensure
38 in different areas of teaching service;
39 b. If required pursuant to regulations of the commissioner, a fee for
40 admission to licensing examinations and/or assessments and a fee for
41 each re-examination;
42 c. A fee of one hundred thirty-five dollars for each triennial regis-
43 tration period.
44 § 8907. Requirements for a license as a teaching assistant. 1. Tempo-
45 rary teaching assistant license. The department may issue temporary
46 teaching assistant licenses, valid for one year and renewable at the
47 discretion of the commissioner, to applicants who meet the requirements
48 of this subdivision. To qualify for a temporary teaching assistant
49 license, an applicant shall fulfill the requirements established by the
50 commissioner in regulations approved by the board of regents after
51 consultation with the state board, which, at a minimum, shall include
52 the following:
53 a. Application: File an application with the department;
54 b. Education: Have received an education, including completion of high
55 school or its equivalent, in accordance with the commissioner's regu-
56 lations;
S. 2113 5 A. 3043
1 c. Training: Submit a certification by the superintendent of schools
2 or other chief school officer of the employing school that in-service
3 training will be provided to the applicant during the term of the tempo-
4 rary license in accordance with the commissioner's regulations;
5 d. Age: Be at least eighteen years of age;
6 e. Character: Be of good moral character as determined by the depart-
7 ment; and
8 f. Fees: Pay a fee of fifty dollars for an annual temporary license.
9 g. Registration: A licensee holding a valid temporary license shall be
10 deemed registered during the term of the temporary license without the
11 payment of a registration fee, except that this paragraph shall not
12 apply to a licensee practicing under a professional license as a teach-
13 ing assistant.
14 2. Professional license. In order to qualify for a professional
15 license as a teaching assistant, an applicant shall fulfill all of the
16 requirements for a temporary license and the following additional
17 requirements:
18 a. Application: File an application with the department;
19 b. Education: Have completed additional education and/or training in
20 accordance with the commissioner's regulations;
21 c. Experience: Have completed one year of satisfactory experience as a
22 teaching assistant, or equivalent experience as prescribed in the
23 commissioner's regulations; and
24 d. Fees: Pay a fee of fifty dollars for a professional license and a
25 fee of fifty dollars for each triennial registration period.
26 § 8908. Limited permits. 1. The commissioner may, in regulations
27 approved by the board of regents after consultation with the state
28 board, provide for the issuance of permits to practice teaching that are
29 limited as to eligibility, practice and duration. Upon approval of the
30 commissioner, a person having special qualifications, as defined by the
31 commissioner in regulation, may be issued a limited permit as a visiting
32 lecturer.
33 2. Except as otherwise provided in the regulations of the commission-
34 er, a limited permit issued pursuant to this section shall be limited in
35 duration to one school year. A permit may be renewed to the extent
36 provided in the regulations of the commissioner.
37 3. Fees. The fee for a limited permit shall be prescribed by the
38 commissioner by regulation.
39 § 8909. Exempt persons. The following persons under the following
40 limitations may practice teaching within the state without a license or
41 limited permit issued pursuant to this article.
42 1. A student enrolled in an approved teacher education program as part
43 of a supervised practicum.
44 2. A teacher or teaching assistant employed by a nonpublic school
45 including a nonpublic school which operates a program serving school-age
46 and pre-school children with disabilities.
47 § 8910. Special provisions. 1. Any person who, on the effective date
48 of this article, holds a permanent certificate valid for teaching or
49 pupil personnel service by the state of New York pursuant to section
50 three thousand four of this chapter or was licensed as a teacher by the
51 city school district of the city of Buffalo or New York, or who was
52 otherwise deemed certified or licensed as a teacher by any provision of
53 law, shall be deemed professionally licensed pursuant to this article
54 provided that any new requirements or standards applicable to the prac-
55 tice of teaching shall apply to such persons at the end of three years,
56 when triennial registrations must be maintained.
S. 2113 6 A. 3043
1 2. Any person who, on the effective date of this article, holds a
2 provisional certificate as a teacher may be issued a professional
3 license pursuant to this article upon fulfillment of the requirements
4 for permanent certification or licensure in effect when the provisional
5 certificate was issued. Such exemption shall lapse upon expiration of
6 the term or time validity of the provisional certificate.
7 3. The holder of such a permanent certificate or provisional certif-
8 icate or license shall be deemed to be the holder of a professional
9 teachers license for all purposes under this chapter.
10 4. This special provision shall extend only to the practice of teach-
11 ing in the area in which such person holds such certification or
12 license.
13 5. Any person who, on the effective date of this article, possesses a
14 valid continuing certificate as a teaching assistant that was issued
15 pursuant to section three thousand four of this chapter and the regu-
16 lations of the commissioner or a valid license as a teaching assistant
17 issued by the city school district of the city of Buffalo or a valid
18 license issued by the city school district of the city of New York for
19 the titles of teacher aides, educational assistance, educational associ-
20 ate, auxiliary trainer, bilingual professional assistant, teacher's
21 assistant or substitute vocational assistant, shall be deemed to hold a
22 permanent license as a teaching assistant issued pursuant to this arti-
23 cle; except that any new requirements or standards applicable to the
24 practice of teaching as a teaching assistant shall apply to such persons
25 at the end of three years when triennial registrations must be main-
26 tained.
27 § 8911. Disciplinary procedures and remedies. 1. In addition to the
28 offenses listed in section sixty-five hundred nine of this title, a
29 professional teacher or licensed teaching assistant may be found guilty
30 of gross pedagogical incompetency, which shall include, but not be
31 limited to, lack of substantive knowledge of the subject matter in the
32 license area for which a license has been granted, lack of skills appro-
33 priate to teaching in the license area or lack of continued compliance
34 with any ground or condition for obtaining a license.
35 2. Hearings on complaints of gross pedagogical incompetency. Except
36 as otherwise provided in this subdivision, hearings in contested disci-
37 plinary proceedings in the teaching profession shall be conducted in
38 accordance with subdivision three of section sixty-five hundred ten of
39 this title.
40 3. Hearing panel for complaints of gross pedagogical incompetency. For
41 complaints of gross pedagogical incompetency, a hearing shall be
42 conducted before a five-member hearing panel composed of three voting
43 members of the state board for teaching, at least one of whom shall be a
44 public representative, and two auxiliary members of the state board
45 appointed by the board of regents pursuant to subdivision three of
46 section eighty-nine hundred four of this article. The state board shall
47 maintain lists of auxiliary state board members composed of practicing
48 professional teachers in each license area, and a list composed of prac-
49 ticing licensed teaching assistants. The commissioner shall appoint to
50 each such hearing panel two auxiliary state board members from the list
51 which corresponds to the license area of the licensee who is charged
52 with gross pedagogical incompetency, provided that such appointments may
53 be made from the list for any license area in the event that the appli-
54 cable list is exhausted.
55 4. In the event that the board of regents issues an order revoking the
56 license of a professional teacher or licensed teaching assistant, or in
S. 2113 7 A. 3043
1 the event of failure to maintain registration pursuant to section eight-
2 y-nine hundred six of this article the employing school district or
3 board shall be authorized to suspend such individual without pay pending
4 a final decision on judicial review of such order; provided that if,
5 upon completion of judicial review, the order revoking the license or
6 denying registration of the professional teacher or licensed teaching
7 assistant is annulled and such license is restored or registration
8 granted, the licensee shall be entitled to reinstatement and full pay
9 for any period of suspension. If, upon completion of judicial review,
10 the order of the regents revoking the license or denying registration is
11 sustained, the teacher or teaching assistant shall be deemed to have
12 vacated his or her position of employment as of the date the registra-
13 tion expired or as of the date the license is surrendered to the depart-
14 ment or five days after the effective date of service of the regents
15 order, whichever is earlier.
16 § 8912. Penalties upon conviction of a felony. Notwithstanding the
17 provisions of section sixty-five hundred eleven of this title, a teacher
18 or teaching assistant convicted of a felony shall automatically lose his
19 or her license.
20 § 2. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law.
