Establishes teachers and teaching assistants as licensed professionals

Summary of provisions

This legislation would establish teachers and teaching assistants as licensed professionals. As such, the practice of each profession as well as the qualifications for licensure, continuing education requirements, professional standards and penalties for professional misconduct are enumerated in the legislation. The structure and standards for licensure are consistent with the other 50 licensed professionals created by Articles 131-166 of the Education Law. Licenses are generally issued for life provided that the licensee has maintained triennial registration including any continuing education requirements. The bill's significant provisions include:

* Defines the duties of a teacher and a teaching assistant;

* Creates a state board to assist the Board of Regents and the Department of Education on matters of professional licensure. The board would be comprised of twenty-four members, a majority of whom would be licensees_ Nominations to the state board may be made by both collective bargaining units representing licensees as well as by other statewide representative organizations. The Board of Regents is not required o appoint those nominees;

* Authorizes the issuance of licenses restricted to the licensees' area of qualification;

* Establishes minimum licensing requirements, including:

TEACHERS Initial license - Bachelors degree, acceptable performance on professional exams, successful completion of a year-long supervised academic internship; Maintenance of registration - Completion of continuing education approved by the Department, completion of a Master's degree functionally related to the teaching field after the second registration period and satisfactory performance on professional exams and assessments of teaching skills.

TEACHING ASSISTANTS Temporary license - high school diploma or its equivalent, certification by the prospective employer that in-service training will be provided. Professional license - Meet all the requirements for a temporary license as well as an education and experience as proscribed by the Commissioner.

* A teacher or teaching assistant previously certified by the State or licensed by a municipality would be considered professionally licensed for purposes of this article provided that any new requirements for practice of the profession would apply at the end of the triennial registration;

* For purposes of discipline, a licensed professional would be subject to sanctions for professional misconduct as provided in education law article 130. In addition, gross pedagogical incompetence is established as a new offense for these education related professions. Gross pedagogical incompetence includes lack of substantive knowledge of the subject matter, lack of skills appropriate to teaching in the license area or lack of continued compliance with any condition of licensure;

* For complaints of gross pedagogical incompetence, a new disciplinary procedure is established. Such complaints would be heard by auxiliary boards with expertise in the licensee's area of practice;

* In the event that a professional's license is revoked or a registration is not maintained, the employing, school board would be authorized to suspend the licensee with pay;

* In addition to the sanctions in section 6511 of the education law, a licensee convicted of a felony would automatically lose his or her license.

Justification

The theme of educational reform in New York State is increased standards and accountability. Achieving higher standards will not be easy for students or for schools, but the essential goal of improving education for children requires our best efforts. This legislation seeks to raise the standards of performance for teachers and teaching assistants and to make those educators accountable for their performance.

By establishing educators as professionals, the field would attract better quality candidates with initiative, ability and an appetite for challenge; would ensure better teacher and administrator performance, guided by a body of ethics and approved practice; would ensure continuing education and retraining; and would lead to the retention of excellent educators who will feel that their contribution is recognized appropriately.

Improving the quality of classroom instruction is an essential part of achieving higher student performance

Legislative history

1997-98 S.2625/A.8959; 1995-96 S.5061

Fiscal implications

Minimal to the State given that teachers will pay fees of $135 for a lifetime license and $135 for each renewable triennial registration. Teachers' assistants will pay $50 for a lifetime license and $50 for each renewable triennial registration. Those fees are expected to cover the cost of administering the licensure program.

Effective date

One hundred eight days after it shall have become a law.