N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 80-5.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 80-5.6 - Supplemental school personnel

(a) For purposes of this section, school year shall mean a minimum of 180 days of full-time school experience or the substantial equivalent, as defined by the commissioner.

(b)Teacher aide.

A teacher aide may be assigned by the board of education to assist teachers in such nonteaching duties as:

(1) managing records, materials and equipment;

(2) attending to the physical needs of children; and

(3) supervising students and performing such other services as support teaching duties when such services are determined and supervised by teacher.

(c)Teaching assistant.

(1) Description and duties.

(i) Description. A teaching assistant is appointed by a board of education to provide, under the general supervision of a licensed or certified teacher, direct instructional service to students.

(ii) Duties.

(a) Teaching assistants assist teachers by performing duties such as:

(1) working with individual pupils or groups of pupils on special instructional projects;

(2) providing the teacher with information about pupils that will assist the teacher in the development of appropriate learning experiences;

(3) assisting pupils in the use of available instructional resources, and assisting in the development of instructional materials;

(4) utilizing their own special skills and abilities by assisting in instructional programs in such areas as: world languages other than English, arts, crafts, music and similar subjects; and

(5) assisting in related instructional work as required.

(b) Teaching assistants who hold the pre-professional teaching assistant certificate shall have the same scope of practice as other teaching assistants, in accordance with the duties prescribed in clause (a) of this subparagraph. Within that scope of practice, teaching assistants holding a pre-professional teaching assistant certificate may, at the discretion of the employing district, and while under the general supervision of a teacher, perform such duties as:

(1) working with small groups of children so the teacher can work with a large group or individual children;

(2) helping a teacher to construct a lesson plan;

(3) presenting segments of lesson plans, as directed by the teacher;

(4) communicating with parents of students at a school site or as otherwise directed by a teacher; and

(5) helping a teacher to train other teaching assistants.

(2) Licensure and certification requirements.

(i) The requirements of this subparagraph shall be applicable in the event that an application has been submitted to the department on behalf of the candidate on or before February 1, 2004 for either the temporary license or continuing certificate, and upon application the candidate qualifies or has qualified for the credential; and for candidates who do not meet this condition, the requirements of subparagraph (ii) of this paragraph apply. Any such candidate employed as a teaching assistant shall hold one of the following credentials:

(a) Temporary license. Upon application of a superintendent of schools, a temporary license as a teaching assistant may be issued to a person having the qualifications defined in subclause (1) of this clause:

(1) Preparation. The candidate shall have completed a four-year high school program or its equivalent. Such study shall be supplemented by training and experience appropriate to the position in question.

(2) The application for this license shall be filed on forms prescribed by the commissioner and shall include the following information: the name and address of the candidate; the candidate's education; related teaching, administrative and/or supervisory experience; occupational and/or practical experience; and other unusual qualifications; a description of the teaching assistant's duties; a description of how the teaching assistant will be supervised; a description of the employing school district's in-service training program for teaching assistants and the professional staff utilizing such personnel; and a description of the district's plan for using teaching assistants.

(3) Time validity. The temporary license shall be valid for one year from its effective date. No more than two temporary licenses may be issued to the same individual.

(b) Continuing certificate. Upon application of a superintendent of schools, a continuing certificate as a teaching assistant may be issued to a person having the qualifications defined in subclauses (1) and (2) of this clause:

(1) Preparation. The candidate shall have completed six semester hours of appropriate collegiate study in or related to the field of elementary and/or secondary school service at a regionally accredited institution of higher education or at an institution approved by the department. The commissioner may approve alternative preparation as required in this paragraph.

(2) Experience. The candidate shall have completed one year of experience as a licensed teaching assistant or as a certified teacher in an approved school.

(3) Time validity. The continuing certificate shall be valid continuously, except when the holder thereof has not been regularly employed as a teaching assistant in the public schools of New York for a period of five consecutive years, in which case the validity of the certificate shall lapse.

(ii) The requirements of this subparagraph shall apply to candidates who apply on or after February 2, 2004 for a credential to work as a teaching assistant. The candidate shall apply to the department for the certificate.

(a) Level I teaching assistant certificate.

(1) Preparation. The candidate shall meet the requirements in each of the following items:

(i) Education. The candidate shall have attained a high school diploma or its equivalent.

(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment of teaching assistant skills.

(2) Time validity. The certificate shall be valid for three years from its effective date. The certificate shall be renewable on one occasion only for three years, except for a certificate that already has been renewed once for a one-year term which may be renewed on one additional occasion only for three years, provided that for a certificate to be renewed the candidate must submit to the department adequate evidence substantiating that the candidate has a commitment for employment in a teaching assistant position under the level I teaching assistant certificate. For individuals called to active duty, the validity period of the level I teaching assistant certificate may be extended by the commissioner for a candidate called to active duty in the Armed Forces for the period of active service and an additional 12 months from the end of such service.

(b) Level II teaching assistant certificate.

(1) Preparation. The candidate shall meet the requirements in each of the following items:

(i) Education. The candidate shall have attained a high school diploma or its equivalent. In addition, the candidate who applies for the certificate on or before February 1, 2007, shall be required to have successfully completed a total of at least six semester hours of collegiate study acceptable toward meeting the requirements for an associate or baccalaureate degree and the candidate who applies for the certificate after February 1, 2007 shall be required to have successfully completed a total of at least nine semester hours of such collegiate study.

(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment of teaching assistant skills.

(iii) Experience. The candidate shall submit adequate evidence substantiating satisfactory employment as a teaching assistant for one school year under a level I teaching assistant certificate or an emergency COVID-19 teaching assistant certificate or under a temporary license authorizing employment as a teaching assistant.

(2) Time validity. The certificate shall be valid for three years from its effective date and shall not be renewable, except that the validity period of the level II teaching assistant certificate may be extended by the commissioner for a candidate called to active duty in the Armed Forces for the period of active service and an additional 12 months from the end of such service. The commissioner may also extend the time validity of an expired level II teaching assistant certificate in increments of one year for a candidate who has applied for citizenship or permanent residency, and whose application for citizenship or permanent residency has not been acted upon by the U.S. Citizenship and Immigration Services (USCIS) until the USCIS acts upon such application. Such candidates must provide documentation satisfactory to the department that they meet these requirements, and that they have completed all other requirements for a level III certificate.

(c) Level III teaching assistant certificate.

(1) Preparation. The candidate shall meet the requirements in each of the following items:

(i) Education. The candidate shall have attained a high school diploma or its equivalent and successfully completed a total of at least 18 semester hours of collegiate study acceptable toward meeting the requirements for an associate or baccalaureate degree.

(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment of teaching assistant skills.

(iii) Experience. The candidate shall submit adequate evidence substantiating satisfactory employment as a teacher in the classroom teaching service as defined in section 80-1.1 of this Part, a teaching assistant for one school year under a level I teaching assistant certificate, a level II teaching assistant certificate, or an emergency COVID-19 teaching assistant certificate, or under a temporary license authorizing employment as a teaching assistant.

(2) Validity of certificate. The level III teaching assistant certificate shall be continuously valid.

(d) Pre-professional teaching assistant certificate.

(1) Preparation. The candidate shall meet the requirements in each of the following items:

(i) Education. The candidate shall have attained a high school diploma or its equivalent, successfully completed a total of at least 18 semester hours of collegiate study acceptable toward meeting the requirements for an associate or baccalaureate degree, and be matriculated in a program registered as leading to teacher certification pursuant to section 52.21 of this Title, or its equivalent, or in a program with an articulation agreement with such a program.

(ii) Examination. The candidate shall submit evidence of having achieved a satisfactory level of performance on the New York State assessment of teaching assistant skills.

(iii) Experience. The candidate shall submit adequate evidence substantiating satisfactory employment as a teaching assistant for one school year under a level I teaching assistant certificate, a level II teaching assistant certificate, a level III teaching assistant certificate, or an emergency COVID-19 teaching assistant certificate, or under a temporary license or continuing certificate authorizing employment as a teaching assistant.

(2) Validity of certificate and renewal of certificate. The certificate shall be valid for five years from its effective date, at which time it must be renewed to be valid. In order to be renewed, the holder of the certificate shall demonstrate matriculation in a program registered as leading to teacher certification pursuant to section 52.21 of this Title, or its equivalent, or in a program with an articulation agreement with such a program, and completion during the five-year period in which the certificate is held of 30 semester hours of coursework in such a program. For individuals called to active duty in the Armed Forces, the validity period for a pre-professional teaching assistant certificate and any renewal of such certificate may be extended by the commissioner for the time of active service and an additional 12 months from the end of such service.

(d)Visiting lecturer.

(1) Upon application of a superintendent of schools, a time-limited license as visiting lecturer may be issued to a person having unusual qualifications in a specific subject to supplement the regular program of instruction.

(2) The request shall be submitted on forms prescribed by the commissioner and shall include the following information:

(i) the name and address of the candidate;

(ii) the specific subject for which the license is to be issued;

(iii) the institutions attended by the candidate, major subject field, degrees or number of semester hours earned, and dates of degrees;

(iv) the candidate's experience pertinent to the unusual qualifications;

(v) the program to be supplemented; and

(vi) the extent of service to be rendered by the visiting lecturer.

(3) Time validity. The license shall be valid for one year from its effective date.

(e)Authorization for supplementary service in areas for which no certificate exists.

(1) Upon the approval of the commissioner, a permit may be granted to a school district for employment of a qualified person for a position in the public schools for which no certificate currently exists. The superintendent of schools applying for such authorization shall submit:

(i) a detailed job description outlining the nature of the position;

(ii) a statement of the qualifications which are deemed necessary for candidates for the position; and

(iii) a listing of the candidate or candidates holding the necessary qualifications and eligible for appointment to the position if the permit is granted.

(2) Time validity. A permit granted pursuant to this subdivision shall be valid for employment in the district for which it is granted for a period not to exceed two years unless further extended by the commissioner for intervals not to exceed five years.

(f) Authorization for service under an out-of-state certificate for certain servicemembers and spouses.

(1) Definitions. For purposes of this subdivision, the following terms shall have the following meanings:

(i) "Servicemember" shall have the same meaning as defined in 50 U.S.C. 3911(1).

(ii) "Military service" shall have the same meaning as defined in 50 U.S.C. 3911(2).

(2) Eligibility. A United States servicemember or servicemember's spouse, either of whom holds a valid educator certificate or license in good standing in another state or jurisdiction in the United States other than New York State and has actively used such license during the two years preceding the relocation, and who relocates their residency because of a military order or orders for military service in New York State may practice under the out-of-state certificate or license in New York State if he or she meets the requirements for a permit prescribed in this section. For purposes of this section, a permit shall be considered the same as a certificate to practice as a professional educator.

(3) Application. The servicemember or servicemember's spouse shall submit in a form acceptable to the department an application for the permit, which shall include:

(i) A copy of military order or orders that relocate the servicemember to New York State that include the expiration date (if any) of such orders;

(ii) A copy of the valid educator certificate or license, including the expiration date of such certificate, from the other state or jurisdiction of the United States that authorizes the applicant to practice in the same area in which the servicemember or servicemember's spouse seeks to practice in New York State and is equivalent to an initial, provisional, professional, or permanent certificate;

(iii) An attestation that the servicemember or servicemember's spouse submits to the full disciplinary and regulatory authority of the Board of Regents and the department, including but not limited to standards of practice, discipline, and fulfillment of any continuing education requirements for the area in which the permit is issued;

(iv) Verification of good standing by the current state(s) or jurisdiction(s) of certification or licensure to practice as an educator in that jurisdiction(s). If the area of the certificate or license is not comparable to a New York State certificate, the servicemember or servicemember's spouse may not practice in the area of the certificate or license in New York State; and

(v) Verification of two years of satisfactory experience in the other state or jurisdiction of the United States in a position that would have required the equivalent of an initial, provisional, professional, or permanent certificate in the area of the permit sought as an educator for employment in New York State and while under a certificate or license issued by such other state or jurisdiction authorizing such service, provided that such experience was completed during the two years immediately preceding the relocation.

(4) The servicemember or servicemember's spouse shall meet the requirements in section 80-1.11 of this Part and Part 87 of this Title relating to criminal history checks and the requirement in Part 83 of this Title that such applicant be of good moral character.

(5) Time Validity. Except as otherwise prescribed in this subdivision, the permit shall be valid for the duration of the military order or orders for service in New York State or for the time period during which the out-of-state certificate or license is valid, whichever length of time ends first; provided, however, that if disciplinary action is taken against the permit holder by the other state or jurisdiction in which they hold a certificate or license, the permit shall no longer be valid as the servicemember or servicemember's spouse would no longer be in good standing in such other state or jurisdiction.

(i) If such order or orders do not include an expiration date and the out-of-state certificate or license does not include an expiration date, the permit shall not have an expiration date until such order or orders are revised or updated or the out-of-state certificate or license is updated to include an expiration date.

(ii) If the duration of such order or orders changes, the permit holder shall notify the department and provide the revised or updated military order or orders for service in New York State showing the updated expiration date of such orders. If the time period during which the out-of-state certificate or license is valid changes, the permit holder shall notify the department and provide documentation showing the updated certificate or license expiration date. If disciplinary action is taken against the permit holder by the other state or jurisdiction in which they hold a certificate or license, the permit holder shall notify the department.

(iii) The department shall change the expiration date of the permit based on the revised or updated military order or orders for service in New York State that show a new or updated expiration date of such orders or documentation showing the updated end date of service or certificate or license expiration date.

(6) Individuals who meet the requirements prescribed in this subdivision and hold a valid permit are subject to the moral character review process pursuant to Part 83 of this Title. Failure to provide revised or updated military order or orders for service in New York State and/or documentation showing an updated certificate or license expiration date may constitute grounds for a moral character review.

(7) Individuals who meet the requirements prescribed in this subdivision, hold a valid permit in the classroom teaching service, pupil personnel service, or as a school building leader, and are employed as a full-time educator:

(i) shall be considered a professional educator pursuant to subpart 30-1 of this Title and shall be appointed to tenure or to a probationary period in a tenure area identified in subpart 30-1 of this Title; and

(ii) shall be subject to any evaluation requirements prescribed in Part 30 of this Title. For classroom teachers and building principals, in order to be appointed to tenure, such educators shall be subject to the same requirements prescribed in the education law related to satisfactory service and annual evaluations as any other classroom teacher or building principal.

(8) Individuals who meet the requirements prescribed in this subdivision and hold a permit in the classroom teaching service or educational leadership service for five or more years shall be subject to the continuing teacher and leader education requirements pursuant to Part 80-6.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 80-5.6

Amended, New York State Register, Volume XXXVI, Issue 27, effective 7/9/2014

Amended New York State Register April 1, 2015/Volume XXXVII, Issue 13, eff. 4/1/2015

Amended New York State Register December 24, 2019/Volume XLI, Issue 52, eff. 12/24/2019

Amended New York State Register September 30, 2020/Volume XLII, Issue 39, eff. 9/30/2020

Amended New York State Register July 28, 2021/Volume XLIII, Issue 30, eff. 7/28/2021

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/11/2023, exp. 11/9/2023 (Emergency)

Amended New York State Register November 1, 2023/Volume XLIV, Issue 44, eff. 11/1/2023