2010 New York Code
EDN - Education
Title 4 - TEACHERS AND PUPILS
Article 61 - (3001 - 3035) TEACHERS AND SUPERVISORY AND ADMINISTRATIVE STAFF
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.