New York Laws
Article 61 - 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.

Structure New York Laws