N.Y. Comp. Codes R. & Regs. tit. 8 § 80-2.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 80-2.9 - Certificates valid for bilingual education

(a)Preparation.

The validity of a provisional or permanent certificate issued pursuant to this Part may be extended by the commissioner to include bilingual education if the holder of such certificate meets the requirements described in paragraph (1), (2), (3) or (4) of this subdivision, provided that the candidate applied for and upon application qualified for such extension prior to February 2, 2004 for certificates in the classroom teaching service, or prior to February 2, 2023 for certificates in the school counselor title, except for candidates who are applying for an extension to a certificate title in pupil personnel service, other than the school counselor title, or the administrative and supervisory service for which no time limit for application is applicable. Candidates who apply for an extension in bilingual education on or after February 2, 2004 for certificates in the classroom teaching service, or apply for an extension in bilingual education on or after February 2, 2023 for certificates in the school counselor title, shall meet the requirements of Subpart 80-4 of this Part. Candidates who apply for an extension in bilingual education on or after February 2, 2004 for certificates in the pupil personnel service, other than candidates who apply for an for such extension on or after February 2, 2023 for certificates in the school counselor title, or the administrative and supervisory service shall be required to meet the requirements of this section.

(1) Completion of an approved program registered by the department specifically for service as a teacher of bilingual education.

(i) For teachers of the common branch subjects in the lower (PreK-3) and upper (4-6) elementary grades (PreK-6) (see section 80-2.12 of this Subpart) the program will include methods and materials of teaching English as a second language; cultural perspectives; theory and practice of bilingual/multicultural education; methods of teaching core subject areas in the home language; home language arts; evaluation in bilingual education; and linguistics. The program will provide a college-supervised field experience in bilingual education.

(ii) For teachers of occupational subjects (see section 80-2.5 of this Subpart), teachers of children with handicapping conditions (see section 80-2.6 of this Subpart), teachers of reading (see section 80-2.7 of this Subpart), teachers of English, languages other than English, mathematics, the sciences and social studies (see section 80-2.13 of this Subpart) and teachers of special subjects (see section 80-2.14 of this Subpart), the program will include methods and materials of teaching English as a second language; cultural perspectives; theory and practice of bilingual/ multicultural education; methods of teaching the subject area in the home language; and home language arts. The program will provide a college-supervised field experience in bilingual education.

(iii) For pupil personnel service professionals (see sections 80-2.3 and 80-3.11 of this Part), administrative and supervisory personnel (see section 80-2.4 of this Subpart), and school media specialists (see section 80-2.8 of this Subpart), the program will include cultural perspectives, theory and practice of bilingual/multicultural education, and methods of providing services in the home language. The program will provide appropriate college- supervised field experience in the certificate area in a bilingual context.

(iv) Language proficiency. The candidate will submit evidence of having achieved a satisfactory level of oral and written proficiency in English and in the target language of instruction on the New York State Teacher Certification Examinations.

(2) Alternate completion of requirements. A provisional or permanent certificate may be extended to bilingual education for a candidate who has completed the following:

(i) For teachers of the common branch subjects in the lower (PreK-3) and upper (4-6) elementary grades (PreK-6) (see section 80-2.12 of this Subpart), 24 semester hours of collegiate study at an institution with an approved bilingual education program to include: methods and materials of teaching English as a second language; cultural perspectives; theory and practice of bilingual/multicultural education; methods of teaching core subject areas in the home language; home language arts; evaluation in bilingual education; and linguistics;

(ii) For teachers of occupational subjects (see section 80-2.5 of this Subpart), teachers of children with handicapping conditions (see section 80-2.6 of this Subpart), teachers of reading (see section 80-2.7 of this Subpart), teachers of English, languages other than English, mathematics, the sciences and social studies (see section 80-2.13 of this Subpart), and teachers of special subjects (see section 80-2.14 of this Subpart), 15 semester hours of collegiate study at an institution with an approved bilingual education program to include: methods and materials of teaching English as a second language; cultural perspectives; theory and practice of bilingual/multicultural education; methods of teaching the subject area in the home language; and home language arts; or

(iii) For pupil personnel service professionals (see sections 80-2.3 and 80-3.11 of this Part), administrative and supervisory personnel (see section 80-2.4 of this Subpart), and school media specialists (see section 80-2.8 of this Subpart), 15 semester hours of collegiate study at an institution with an approved bilingual education program to include cultural perspectives, theory and practice of bilingual/multicultural education, and methods of providing services in the home language;

(iv) A college-supervised field experience in bilingual education or its equivalent. One year of paid full-time bilingual experience at the level or in the subject or field for which the extension is being requested may be substituted for the field experience when such experience carries the recommendation of the chief school officer.

(v) Language proficiency. The candidate shall submit evidence of having achieved a satisfactory level of oral and written proficiency in English and in the target language of instruction on the New York State Teacher Certification Examinations.

(3) Statement of continued eligibility.

(i) A person employed in a position in New York State as a bilingual pupil personnel service worker or as a bilingual school administrator or supervisor for three of the five years immediately preceding September 1, 1995, may be issued a statement of continued eligibility pursuant to which such person may continue to serve without a certificate described in this section, provided such person holds a permanent certificate which is valid for service under section 80-2.3 or 80-2.4 of this Subpart.

(ii) A statement of continued eligibility shall be limited to a specific bilingual pupil personnel service certificate or a specific bilingual administrative or supervisory certificate, but shall be valid for service in any school district.

(iii) Applications for the statement of continued eligibility must be filed in the department by September 1, 1995.

(4) Interim bilingual education extension for certificates in school psychology.

(i) An interim bilingual education extension may be issued to holders of a school psychologist certificate in the pupil personnel service who have demonstrated proficiency in a language other than English. The interim bilingual education extension shall be valid for three years from its effective date and shall not be renewable, except the time validity of a bilingual education extension may be extended for holders called to active duty in the Armed Forces for the time of active service and an additional 12 months from the end of such service. No interim bilingual education extension shall be issued with an effective date that beings after September 1, 2010.

(ii) To be eligible for an interim bilingual education extension, a candidate must meet the following requirements:

(a) hold a provisional or permanent certificate as a school psychologist; and

(b) be matriculated in a registered program leading to a bilingual education extension if a certificate in the pupil personnel service. Such program must require the candidate to pass an assessment of proficiency in the language of the bilingual educational extension sought as a condition for entry into the program.

(5) Supplementary bilingual education extension for certificates in pupil personnel services.

(i) Purpose. The purpose of a supplementary bilingual education extension is to authorize a pupil personnel service professional who is currently certified in a title in the pupil personnel service to work as a bilingual pupil personnel service worker where there is a demonstrated shortage, while the pupil personnel service professional is in a matriculated program at an institution of higher education leading to an extension in bilingual education or to provide necessary supports to recently arrived and asylum-seeking students.

(ii) Limitations. The supplementary bilingual extension shall be valid for three years from its effective date and shall not be renewable, provided that such extension may be renewed one time for a period of three years from effective date of the renewal if the candidate obtained their first extension by submitting evidence of having achieved a satisfactory level of performance on the bilingual education assessment pursuant to subparagraph (iv) of this paragraph, is matriculated in a registered program leading to a bilingual education extension, and completed the coursework and employer statement requirements as prescribed in clauses (c) and (d) of subparagraph (iii) of this section. A supplementary bilingual education extension shall also be limited to employment with an employing entity.

(iii) Requirements. To be eligible for a supplementary bilingual education extension, a candidate shall meet the following requirements:

(a) Application. The candidate shall apply for the supplementary bilingual education extension and upon application qualify for the supplementary bilingual education extension.

(b) Certification. The candidate shall hold a valid provisional or permanent certificate in a pupil personnel service identified in this Subpart.

(c) The candidate shall be matriculated in a registered program leading to a bilingual education extension, provided that such program must require the candidate to pass an assessment of proficiency in the language of the bilingual education extension sought as a condition for entry into the program, or unless otherwise prescribed in subparagraph (iv) of this paragraph.

(d) Education. The candidate shall have completed coursework as prescribed in this subparagraph unless otherwise prescribed in subparagraph (iv) of this paragraph. The candidate shall have achieved at least a C or its equivalent in any undergraduate-level course and at least a B- or its equivalent in any graduate-level course submitted to meet the coursework requirements of this subparagraph.

(1) The candidate shall have completed three semester hours in bilingual education as prescribed in the requirements for a bilingual education extension, set forth in this section, including study in theories of bilingual education and multicultural perspectives.

(2) A statement shall be submitted by the Chancellor, in the case of employment with the City School District of the City of New York; or by the superintendent, in the case of other employing boards; or by the chief school officer, in the case of employment with another entity required by law to employ certified pupil personnel professionals certifying that:

(i) the employing entity seeks to employ the candidate in a position in a certificate title in the pupil personnel service with a demonstrated shortage of certified pupil personnel professionals with an extension in bilingual education;

(ii) the employing entity will require, as a condition of employment under the supplementary bilingual education extension, the candidate's matriculation in a program at an institution of higher education leading to a bilingual extension unless otherwise prescribed in subparagraph (iv) of this paragraph; and

(iii) the employing entity will provide appropriate support to the candidate undertaking an assignment with a supplementary bilingual education extension to ensure the maintenance of quality instruction for such candidate.

(iv) For candidates who apply for a supplementary bilingual education extension in the pupil personnel service between September 12, 2023, and August 31, 2024, in order to provide necessary supports to recently arrived and asylum-seeking students, the candidate may submit evidence of having achieved a satisfactory level of performance on the bilingual education assessment, if available, in lieu of matriculating in a registered program leading to a bilingual education extension and completing coursework as prescribed in clauses (c) and (d) of this subparagraph (iii) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 80-2.9

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

Amended New York State Register May 24, 2017/Volume XXXIX, Issue 21, eff. 7/1/2017

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

Amended New York State Register December 29, 2021/Volume XLIII, Issue 52, eff. 12/29/2021

Amended New York State Register December 27, 2023/Volume XLV, Issue 52, eff. 12/11/2023, exp. 2/8/2024 (Emergency)

Amended New York State Register January 24, 2024/Volume XLVI, Issue 4, eff. 1/24/2024