License Teachers and Assistants

Section 1. The education law is amended by adding a new article 169 to read as follows:

ARTICLE 169

TEACHING PROFESSION Section 8900. Introduction.

8901. Definitions.

8902. Definition of the practice of teaching.

8903. Practice of teaching and use of title "professional teach-

er" or "licensed teaching assistant".

8904. State board for teaching.

8905. Types of licenses.

8906. Requirements for a professional teacher's license.

8907. Requirements for a license as a teaching assistant.

8908. Limited permits.

8909. Exempt persons.

8910. Special provisions.

8911. Disciplinary procedures and remedies.

8912. Penalties upon conviction of a felony.

§ 8900. Introduction. This article applies to the profession of teaching. 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.

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provisions for all professions contained in article one hundred thirty of this title apply to this article.

§ 8901. Definitions. As used in this article:

1. "Professional teacher" means a person licensed or otherwise authorized pursuant to this article to practice teaching in the public schools and nonpublic schools or in any program for the education of children with disabilities or preschool children with disabilities, provided that such term shall not include a licensed teaching assistant.

2. "Licensed teaching assistant" means a person licensed or otherwise authorized pursuant to this article to practice as a teaching assistant in the public schools and nonpublic schools or in any program for the education of children with disabilities or preschool children with disabilities.

3. "State board" means the state board for teaching.

4. "Superintendent of schools" means the chief school officer of any public or nonpublic school district in the state, including the city school district of the city of New York and any community school district therein, or a district superintendent of schools.

§ 8902. Definition of the practice of teaching. 1. The practice of the profession of teaching as a professional teacher is defined as providing instruction or educational support services to pupils, when appointed or otherwise employed by the governing body of a public or nonpublic school district, a board of cooperative educational services, or a county vocational education and extension board, or when employed by any entity in a program for the education of children with disabilities or preschool children with disabilities.

2. The practice of teaching as a licensed teaching assistant is defined as assisting a professional teacher by providing direct instructional services to pupils under the general supervision of such teacher, when appointed, or otherwise employed, by the governing body of a public or nonpublic school district, a board of cooperative educational services, or a county vocational education and extension board, or when employed by any entity in a program for the education of children with disabilities or preschool children with disabilities.

§ 8903. Practice of teaching and use of title "professional teacher" or "licensed teaching assistant". Only a person licensed or otherwise authorized or exempted under this article may practice teaching, provided, however, that nothing in this article shall be construed as to require nonpublic schools to employ or preclude nonpublic schools from employing professional teachers or professional teaching assistants licensed pursuant to this article. Only a person licensed or otherwise authorized under this article to practice teaching as a professional teacher may use the title "professional teacher". Only a person licensed or otherwise authorized under this article to practice teaching as a teaching assistant may use the title "licensed teaching assistant."

§ 8904. State board for teaching. 1. A state board for teaching shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The commissioner may receive nominations for the teacher category of board membership from statewide teacher organizations representing teacher collective bargaining units and may receive nominations for the remaining categories of membership from appropriate statewide representative organizations, but the board of regents shall not be required to appoint candidates so nominated.

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2. Notwithstanding any provisions of section sixty-five hundred eight of this title to the contrary, the state board for teaching shall have the composition prescribed in this subdivision. The state board shall consist of no less than twenty-four voting members, and shall be composed as follows:

a. Thirteen members or at least sixty percent of the total membership of the state board without rounding, whichever is greater, shall be professional teachers without administrative or supervisory duties who have been employed on a full-time basis for at least five years and who possess licenses as professional teachers; provided that services as a mentor or lead teacher shall not be considered administrative or supervisory duties for purposes of this paragraph;

b. One member shall be a professional teacher who has been employed on a full-time basis in a program for the education of children with disabilities or preschool children with disabilities and who possesses a license as a professional teacher;

c. One member shall be a licensed teaching assistant employed for at least five years;

d. One member shall be a superintendent or district superintendent of schools who as a school superintendent has practiced school superintendency for at least five years;

e. One member shall be an administrator;

f. One member shall be a public representative who is the parent of a child attending a public school or program for the education of children with disabilities or preschool children with disabilities at the time of appointment;

g. One member shall be a public representative who is the parent of a child attending a nonpublic school or program for the education of children with disabilities or preschool children with disabilities at the time of appointment;

h. One member shall be a public representative who is a member of the board of education of a public school district outside of the city of New York at the time of appointment;

i. One member shall be a public representative who is a member of the board of education of the city school district of the city of New York or the board of education of a community school district within the city of New York at the time of appointment;

j. Three members shall, at the time of appointment, be educators employed by an institution of higher education within New York state who have been directly involved in the preparation of teachers for at least five years;

k. No member appointed shall be counted in more than one category set forth in paragraphs a through j of this subdivision.

3. Each member of the state board shall be appointed for a term of five years, except that the terms of those first appointed shall be arranged so that as nearly as possible an equal number shall terminate annually. A vacancy occurring during a term shall be filled by appointment by the board of regents in accordance with subdivision one of this section for the unexpired term. In addition, the state board shall establish rosters of auxiliary members from candidates nominated by statewide teacher organizations representing teacher and teaching assistant collective bargaining units and professional associations of professional teachers and teaching assistants, for appointment by the board of regents, on the recommendation of the commissioner, to serve as members of the state board solely for the purposes of professional disciplinary proceedings, proceedings relating to the moral character of

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an applicant for licensure and proceedings relating to applications for the restoration of a professional license.

§ 8905. Types of licenses. The commissioner may, in regulations approved by the board of regents after consultation with the state board, provide for the issuance of licenses, limited to specific areas in which an applicant is qualified to practice. If licenses are so limited, no person shall be authorized to provide teaching services pursuant to such license except in the area for which it is issued; provided that such regulations may authorize practice outside of the license area on an incidental basis, as defined in such regulations.

§ 8906. Requirements for a professional teacher's license. To qualify for a license as a professional teacher, an applicant shall fulfill the requirements prescribed by the commissioner in regulations approved by the board of regents after consultation with the state board, which, at a minimum, shall include the following:

1. Application: File an application with the department;

2. Education:

a. Initial requirements for the license shall include a bachelor's degree from a registered program or its equivalent, a passing score on state-required professional examinations, successful completion of a year-long supervised academic teaching internship in a public or nonpublic elementary and/or secondary school.

b. Maintenance of the license would require, every three years, having attained state-approved continuing or in-service education credits, with the following additions:

(1) Maintenance of registration after the second three-year period shall require an earned master's degree functionally related to the field of teaching service as well as evidence of satisfactory performance on state-sanctioned teacher specialty examinations and assessments of teaching skills.

(2) Age: Be at least eighteen years of age;

(3) Character: Be of good moral character as determined by the state board's codes of ethics and practice; and

(4) Fees: Pay the following fees to the department:

(i) A fee of one hundred thirty-five dollars for initial licensure, provided that only one such fee shall be payable for licensure of an applicant who simultaneously files multiple applications for licensure in different areas of teaching service;

(ii) If required pursuant to regulations of the commissioner, a fee for admission to licensing examinations and/or assessments and a fee for each re-examination;

(iii) A fee of one hundred thirty-five dollars for each triennial registration period.

§ 8907. Requirements for a license as a teaching assistant. 1. Temporary teaching assistant license. The department may issue temporary teaching assistant licenses, valid for one year and renewable at the discretion of the commissioner, to applicants who meet the requirements of this subdivision. To qualify for a temporary teaching assistant license, an applicant shall fulfill the requirements established by the commissioner in regulations approved by the board of regents after consultation with the state board, which, at a minimum, shall include the following:

a. Application: File an application with the department;

b. Education: Have received an education, including completion of high school or its equivalent, in accordance with the commissioner's regulations;

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c. Training: Submit a certification by the superintendent of schools or other chief school officer of the employing school that in-service training will be provided to the applicant during the term of the temporary license in accordance with the commissioner's regulations;

d. Age: Be at least eighteen years of age;

e. Character: Be of good moral character as determined by the department; and

f. Fees: Pay a fee of fifty dollars for an annual temporary license.

g. Registration: A licensee holding a valid temporary license shall be deemed registered during the term of the temporary license without the payment of a registration fee, except that this paragraph shall not apply to a licensee practicing under a professional license as a teaching assistant.

2. Professional license. In order to qualify for a professional license as a teaching assistant, an applicant shall fulfill all of the requirements for a temporary license and the following additional requirements:

a. Application: File an application with the department;

b. Education: Have completed additional education and/or training in accordance with the commissioner's regulations;

c. Experience: Have completed one year of satisfactory experience as a teaching assistant, or equivalent experience as prescribed in the commissioner's regulations; and

d. Fees: Pay a fee of fifty dollars for a professional license and a fee of fifty dollars for each triennial registration period.