RULES AND REGULATIONS
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 49]
Certification of Professional Personnel
[36 Pa.B. 3655]
[Saturday, July 15, 2006]The State Board of Education (Board) amends Chapter 49 (relating to certification of professional personnel). Notice of proposed rulemaking was published at 35 Pa.B. 5988 (October 29, 2005) with an invitation to submit written comments.
Chapter 49 sets forth requirements for certification of professional personnel in public schools. The overarching purpose of the final-form rulemaking is to align the regulations with State and Federal statutory requirements and Department of Education (Department) policies and practices. The final-form rulemaking also adds policies and clarifies others.
Statutory Authority
The Board takes this action under section 2603-B of the Public School Code of 1949 (code) (24 P. S. § 26-2603-B) and other sections of the code.
Background
Chapter 49 sets forth requirements for the certification of professional personnel necessary to be employed in the public schools of this Commonwealth. Chapter 49 sets forth requirements for substitute permits, changes in certification, out-of-State credentials, instructional certificates, temporary teaching permits, educational specialist certificates and vocational education certificates. The final-form rulemaking updates the regulations to reflect statutory changes that have been made since Chapter 49 was last amended in 1999, to align or clarify certification policies necessary to comply with the highly qualified teacher provisions of the No Child Left Behind Act of 2001 (Pub. L. No. 107-110, 115 Stat. 1425) and to conform the regulations to Department policies and practices. In addition, the Board is amending some provisions to afford public schools and teachers additional flexibility.
Summary of Public Comments and Responses to Proposed Rulemaking
The proposed rulemaking was published at 35 Pa.B. 5988. The proposed rulemaking was also available on the Department's website at www.pde.state.pa.us. The Board accepted formal written comments during a 30-day public comment period that began after publication of the proposed rulemaking.
The Board received comments from the Independent Regulatory Review Commission (IRRC), the Education Law Center and seven individuals during the public comment period. The individual commentators were: Dr. Clythera S. Hornung; Richard M. Kardon; Binny Silverman; David F. Piperato; Christopher Hey; Joseph J. Roy; and Renee Kerr. The Board also met with representatives from the Department who suggested additional modifications to the regulations. Comments were also received from additional private citizens after the official comment period, but before the Board adopted the final-form rulemaking.
Following is a summary of the comments and the Board's response to the comments.
§ 49.1. Definitions.
Comment: IRRC raised four issues concerning this section. First, IRRC recommended that substantive provision in the definitions of ''continuing professional education,'' ''intern certificate'' and ''prekindergarten'' be removed from this section and located elsewhere in the regulations. IRRC also recommended that the definition of ''continuing professional education'' reflects the statutory provision that equates one college credit with 30 hours of professional education. IRRC also commented that the definitions of ''day-to-day substitute permit,'' ''emergency permit'' and ''long-term substitute permit'' were not clearly written.
IRRC and the Education Law Center both suggested that the Board add a definition of ''diverse learners.'' IRRC also suggested that language be added to several sections of the regulations to address the needs of diverse learners. The Education Law Center also commented that the proposed definition of ''prekindergarten'' excluded students with disabilities and suggested that the definition violates State and Federal laws.
Department staff suggested that the definition of ''educational specialist'' be revised to provide examples of educational specialist rather than to have the definition enumerate each specialty to allow for the addition or deletion of categories of certificates in the future.
Response: The Board has deleted the substantive provisions from definitions in § 49.1 and revised the definitions of ''day-to-day substitute permit,'' ''emergency permit'' and ''long-term substitute permit'' as suggested by IRRC. The Board added definitions of ''articulation agreement,'' ''diverse learners'' and ''exceptional case permit.'' The Board determined that rather than include a lengthy description of credits and professional education hours required in the definition of ''continuing professional education,'' the description would best serve its purposes in § 49.11(a) (relating to general).
The Board disagrees with the comment from the Education Law Center that the definition of ''prekindergarten'' excludes students with disabilities. The definition, as it applies to this chapter, relates to the ages of all children enrolled in the program and the qualifications required for professional educators to teach students enrolled in a prekindergarten program. The Board revised the definition of ''educational specialist'' as suggested by the Department.
Regarding the suggestion from IRRC that the Board explain how the regulations sufficiently accommodate diverse learners, the Board responds that it is currently engaged in a separate review and analysis of teacher preparation and certification requirements for early childhood, elementary, middle school and special education teachers with emphasis on meeting the needs of diverse learners. In addition, significant research and policy analysis are underway on the use of induction, Level I to Level II conversions, professional education plans and ongoing professional education requirements for currently certified professional educators.
The Education Law Center's comments submitted in response to these regulations, on which IRRC's recommendation is based, come from draft documents and discussions held by the Board in public stakeholder meetings, Board committee meetings and from other Board documents circulated at public meetings and posted on the Board's website. These are complex, significant issues that will be addressed in proposed regulations that will be submitted by the Board for regulatory review and approval in the future. In addition, final Federal regulations for the Individuals With Disabilities Education Improvement Act of 2004 (Pub. L. No. 108-446) are not expected to be issued by the United States Department of Education until later this year.
Rather than further delay the important amendments in this final-form rulemaking, the Board has chosen to adopt this final-form rulemaking while simultaneously conducting the necessary research and discussions with stakeholders to develop policies designed to better prepare current and future professional educators to address the diverse learning needs of students while considering potential significant costs to teacher candidates, current teachers, teacher training institutions and public schools.
§ 49.11. General.
Comment: IRRC recommended that deleted language regarding the term of validity of professional certificates in this section be retained.
Response: The Board restored the original language but updated it to reflect the statutory requirement that professional educators participate in specified amounts of professional education activities for their certificate to remain active.
§ 49.13. Policies.
Comment: Dr. Hornung commented that school districts are requiring applicants for teaching positions to submit PRAXIS test scores as part of the application requirements and asked what can be done about this. The Department suggested that subsection (b)(4) be amended to permit program approval reviews to be performed by professional educators from basic and higher education, rather than teams. The Department also suggested changing the major program review cycle from 5 to 7 years to be performed by professional educators. This amendment will align the Department's review cycle with that of the National Council for Accreditation of Teacher Education, which is the major accreditation agency for teacher education programs.
Response: Under the code, employment policies and practices fall within the purview of the governing boards of local school entities. Disclosures of PRAXIS test scores are at the discretion of each teacher candidate and applicant for teaching position. School entities may consider test scores when determining which candidates for a position are most highly qualified. The Board concurred with the Department's recommendations to remove the requirement that a team perform the program approval review and also that the reviews should be performed every 7 years.
§ 49.14. Approval of institutions.
Comment: IRRC recommended that the term ''articulation agreement'' be defined. The Education Law Center suggested adding the ability to teach diverse learners to the requirements for program approval of professional educator preparation programs. The Education Law Center also suggested requiring that at least 24 credit hours address the capacity to teach diverse learners in an inclusive setting with 12 of these in special education and 3 in teaching English language learners. Dr. Hornung questioned the meaning in paragraph (4)(x) of what an acceptable percentage of candidates applying for certification as determined by the Secretary and Board achieve at a satisfactory level. She asked what was an acceptable percentage and whether it could change from program to program and from year to year or by area of certification.
In paragraph (4)(iii), the Board deleted reference to the academic standards for environment and ecology since all academic standards are viewed equally important. Department representatives suggested replacing ''early and frequent'' with ''sequential'' in paragraph (4)(iv), believing it more clearly describes the intent of the regulation. Department representatives also recommended that ''certification assessment assistance'' be added to the list of areas for which institutions should provide ongoing assessment of educator candidates' knowledge, skills and dispositions to assure that the programs are assisting students to be prepared to be successful in taking the battery of teacher licensing tests.
Response: The comments from the Education Law Center relate to the ongoing work of the Board on a separate set of amendments to Chapter 49 that will be submitted for regulatory review in the future. The Board believes the Education Law Center's suggested revisions reflect significant and substantial changes that must be thoroughly analyzed and considered through both the Board's and regulatory review public comment process.
In response to Dr. Hornung, the Department already establishes cut scores for each of the required tests. These do vary by certificate and level based on a variety of factors and are periodically reviewed and adjusted as appropriate. The Board concurs with the recommendations made by the Department.
§ 49.16. Approval of induction plans.
Comment: The Education Law Center recommended that at least 1/3 of induction activities address the teaching of diverse learners in an inclusive setting. The Education Law Center also recommended that parents be included as participants in the development of the induction plan and that specific new requirements for mentors and supervision of first year teachers be addressed in the induction plan. Dr. Hornung suggested that induction plans currently stress the logistical needs and demands of school districts and suggested more can be done to strengthen the induction process.
Response: In response to comments from the Education Law Center regarding requiring 1/3 of induction activities to address the needs of diverse learners, see the Board's response in this preamble to § 49.1 (relating to definitions). In response to the Education Law Center's suggestion that parents be included in the development of the induction plan, the Board believes that since induction plans are training plans for new employees, this is not an appropriate role for parents. In response to Dr. Hornung's comments, the Board recently sponsored research on the effectiveness of induction programs and the Governor's Commission on Preparing America's Teachers is exploring options to strengthen induction programs. The Board anticipates that it will address this issue once the research is completed and the Governor's Commission on Preparing America's Teachers completes its work.
§ 49.17. Continuing professional education.
Comment: IRRC recommended that the list of persons who develop the continuing professional education plan be made consistent with that in section 1205.1(b) of the code (24 P. S. § 12-1205.1(b)). The Education Law Center suggested adding language providing that the Secretary of Education promulgate and enforce guidelines requiring at least 1/3 of professional education focus on the teaching of diverse learners in an inclusive setting. The Education Law Center also recommended that parents of children enrolled in the school entity participate in the development of the continuing professional education plan. The Department recommended that subsection (e) include a requirement that certified personnel notify the Department of any changes to their home mailing address as provided by section 1205.2(h.1) of the code (24 P. S. § 12-1205.2(h.1)).
Response: The Board agrees with the comments from IRRC and revised the language consistent with the code. In this preamble, see the response to § 49.1 in response to comments by the Education Law Center that 1/3 of professional education focus on teaching diverse learners. Since section 1205.1 of the code already requires that parents of children attending school in the district be represented on the plan development committee, it is not necessary to add this requirement to the final-form rulemaking as suggested by the Education Law Center. The Board added language as suggested by the Department that professional educators are responsible for notifying the Department of changes to their mailing address.
§ 49.18. Assessment.
Comment: The Education Law Center recommended that language be added to subsections (a) and (b) that candidates for certification be assessed in their ability to teach diverse learners in an inclusive setting. As a result of discussions with the Department, the Board has removed from subsection (e) early childhood and elementary education certificates from the list of certificates precluded from being added to the certificates of currently certified staff by their passing the appropriate subject area test.
Response: See the response in the preamble to comments made to § 49.1 in response to the comments made by the Education Law Center. The Board removed early childhood and elementary certificates from the list of certificates that would be prohibited, by regulation, from being added to an existing professional educator's teaching certificate through the testing program. The removal of these certificates from the list does not imply that the Board wants to make these certificate areas available through testing at this time. The intent of the Board is to provide the Secretary of Education with additional flexibility to add these areas should circumstances dictate a need in the future.
§ 49.31. Criteria for eligibility.
Comment: The Education Law Center recommended that time limit restrictions be included for emergency, long-term and day-to-day substitute permits when the teaching assignment involves self-contained classroom with students with disabilities, English language learners or disciplinary alternative education students. The Department suggested that the Board require that school entities make a genuine effort to identify qualified personnel before requesting a long-term substitute permit be issued.
Response: See the response in this preamble to § 49.1 in reaction to comments from the Education Law Center. In response to the Department's suggestion, the Board has added a requirement that applications for emergency, long-term and day-to-day substitute permits not be granted until a vacancy has been posted on a school entity's website for at least 10 days and no qualified candidate has been identified.
§ 49.32. Exceptional Case Permits.
Comment: IRRC recommended the term ''exceptional case permit'' be defined in § 49.1.
Response: The definition was added to § 49.1.
§ 49.34. Locally issued Day-to-Day Substitute Permits.
Comment: The Department suggested adding subsection (e) to reflect that emergency permits are available for a total of 3 consecutive years as provided by section 1204 of the code (24 P. S. § 12-1204).
Response: The Board added subsection (e) as suggested by the Department.
§ 49.53. Elimination or change of types/categories of certificates.
Comment: IRRC outlined two concerns with this proposed section. It suggested clarifying what is meant by ''cogent request.'' It also suggested clarifying what triggers the start of the 150-day period in subsection (d).
Response: The Board concurs with IRRC's comments and has revised the final-form rulemaking by replacing ''cogent'' with ''written'' and clarified what triggers the 150 day timeline for action by the Board.
§ 49.62a. Program Specialist Certificate.
Comment: The Department suggested deleting the clause in subsection (a) that states ''at the request of the employing school entity'' to permit the Department to issue a program specialist certificate without the request of the employing school entity.
Response: The Board revised this section as suggested by the Department.
§ 49.62b. Program Endorsement Certificate.
Comment: The Department suggested clarifying that the program endorsement certificate is not required to perform service in the areas for which the certificate is issued.
Response: The Board deleted the ''intended to be'' to be clear that the program endorsement certificate is not required to perform service in a particular work assignment.
§ 49.83. Instructional II.
Comment: The Education Law Center recommended that at least 12 of the 24 credits needed to convert an Instructional I to an Instructional II Certificate focus on the teaching of diverse learners in an inclusive setting including at least 3 credits in special education and 3 credits in teaching English language learners.
Response: See the response in this preamble to § 49.1 in response to comments made by the Education Law Center.
§ 49.84. Collegiate credit acceptable for conversion of the Instructional I Certificate.
Comment: IRRC recommended that the regulation be corrected to reflect the policy that Instructional I Certificates may not be renewed. Several comments were submitted encouraging the Board to permit teachers to earn a portion or all 24 academic credits necessary to move from an Instructional I to Instructional II certificate from a graduate degree granting institution.
Response: The Board concurs with IRRC's recommendation and revised the final-form rulemaking accordingly. The Board also concurs with the recommendation submitted by several individuals that credits earned at graduate education institutions be credited towards meeting the 24 credit requirement.
§ 49.91. Criteria for eligibility.
Comment: IRRC recommended that the Board clarify what is meant by ''intensive supervision.'' The Education Law Center recommended that time limit restrictions be included for emergency, long-term and day-to-day substitute permits when the teaching assignment involves self-contained classroom with students with disabilities, English language learners or disciplinary alternative education students. Dr. Hornung recommended that subsection (c) be clarified by defining ''intensive supervision'' and ''accelerated pedagogical training.'' The Department suggested clarifying subsection (d) by inserting ''calendar'' before ''years'' in the first sentence, an ''accredited'' before 4-year college or university and a statement that requires those holding an Intern Certificate to maintain continued enrollment in a State-approved teacher intern program.
Response: The Board clarified its intent by replacing ''intensive supervision'' with ''a minimum of one classroom observation each month.'' See the response in this preamble to § 49.1 in response to comments from the Education Law Center. The Board believes its intent in using the term ''accelerated pedagogical training'' provides sufficient guidance to the Department in crafting its guidelines for the approval of Intern Certificate programs. The Board added language to clarify the requirements as suggested by the Department.
§ 49.103. Educational Specialist II.
Comment: Dr. Hornung suggested that permitting teachers to earn credits from a Pennsylvania intermediate unit towards the 24 credits necessary to convert a Level I to a Level II certificate is lowering the rigor of the requirement implying that intermediate unit programs are not as demanding as those offered by other institutions.
Response: The Board believes that intermediate units play a critical role in the support and delivery of professional education to educators. The Department has provided intermediate units with significant new funding and technical resources to establish a new Statewide network for the delivery of professional education services to educators using standards of quality and programs of demonstrated effectiveness.
§ 49.104. College credit acceptable for conversion of Educational Specialist I Certificate.
Comment: Several comments were submitted encouraging the Board to permit teachers to earn all or a portion of the 24 academic credits necessary to convert a Educational Specialist I to Educational Specialist II certificate from a graduate degree granting institution. Although IRRC did not specifically comment on this section, its comments regarding § 49.84 (relating to collegiate credit acceptable for conversion of the Instructional I Certificate) concerning renewal of Instructional I certificates also apply to Educational Specialist Certificates.
Response: The Board concurs with the recommendation submitted by several individuals that credits earned at graduate education institutions be credited towards meeting the 24 credit requirement. In addition, the Board revised the final-form rulemaking to reflect that Educational Specialist I certificates may not be renewed.
§ 49.111. Supervisory Certificate.
Comment: The Education Law Center recommended that language be added to provide that candidates for Supervisory Certificates understand how children learn and develop and that configures resources to support the intellectual, social and personal growth of all students, including diverse learners in inclusive settings.
Response: See the response in this preamble to § 49.1 in response to comments made by the Education Law Center.
§ 49.121. Administrative Certificate.
Comment: The Education Law Center suggested that candidates for an Administrative Certificate demonstrate instructional leadership that provides purpose and direction for the achievement of students, including teaching diverse learners in an inclusive setting and reducing achievement gaps between students.
Response: See the response in this preamble to § 49.1 in response to comments made by the Education Law Center.
§ 49.141. General.
Comment: The Education Law Center recommended adding language that requires that candidates for the Vocational Teaching Certificate be able to teach diverse learners in an inclusive setting.
Response: See the response in this preamble to § 49.1 in response to comments made by the Education Law Center.
§ 49.142. Vocational Instructional I.
Comment: The Education Law Center suggested that at least 6 credits of the 18 required credits for a Vocational Instructional I Certificate address the teaching of diverse learners in an inclusive setting.
Response: See the response in this preamble to § 49.1 in response to comments made by the Education Law Center.
§ 49.143. Vocational Instructional II.
Comment: The Education Law Center suggested that at least 20 credits of the 60 required for a Vocational Instructional II Certificate address the teaching of diverse learners in an inclusive setting.
Response: See the response in this preamble to § 49.1 in response to comments made by the Education Law Center.
Additional Comments.
Comment: The Education Law Center recommended adding § 49.19, regarding initial teaching responsibilities, to direct the Secretary of Education to promulgate and enforce guidelines ensuring that teachers with Instructional I or Intern Certificates and Emergency or Long-Term Substitute Permits are provided assignments balanced with their responsibilities for professional development and support.
Response: The Board believes this recommendation has potential major cost implications and would establish policies in areas not previously addressed by either statute or regulation. Employment and work assignments have been the purview of local school boards. Given the far-reaching implications of this suggestion, the Board believes consideration of a policy shift should proceed only after due consideration and thorough outreach to and comments from stakeholders. The Board does not believe that this change should be made through this final-form rulemaking.
Fiscal Impact and Paperwork Requirements
Because this final-form rulemaking largely reflects changes in Federal and State statutes, Federal regulations and current Department policies and practices, costs associated with compliance with the final-form rulemaking should be negligible. The final-form rulemaking is aligned with current statutory provisions and Department practice.
To comport with the new requirements of this final-form rulemaking, professional educator preparation institutions will need to review their programs to ensure that they provide sequential clinical experiences, offer certification assessment assistance and sufficiently include in their curriculum instruction that provides candidates for certification with the skills necessary to address the needs of diverse learners. The Department must review Chapter 354 (relating to preparation of professional educators) standards and related policies to determine if they need to be revised. Review of standards and policies is an ongoing activity of the Department and, therefore, any costs associated with the implementation of changes to this chapter will be limited.
Effective Date
The final-form rulemaking is effective upon publication in the Pennsylvania Bulletin.
Sunset Date
In accordance with its policy and practice, the Board will review the effectiveness of Chapter 49 after 4 years. Therefore, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 17, 2005, the Department submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 5988, to IRRC and the Chairpersons of the House and Senate Committees on Education for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on May 31, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 1, 2006, and approved the final-form rulemaking.
Contact Person
The official responsible for information on this final-form rulemaking is Jim Buckheit, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-3787 or TDD (717) 787-7367.
Findings
The Board finds that:
(1) Public notice of the intention to adopt this final-form rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The final-form rulemaking is necessary and appropriate for the administration of the code.
Order
The Board, acting under authorizing statute, orders that:
(a) The regulations of the Board, 22 Pa. Code Chapter 49, are amended by amending §§ 49.2, 49.12, 49.16, 49.32, 49.33, 49.42, 49.52, 49.61, 49.62, 49.63, 49.64a, 49.65, 49.69, 49.72, 49.82, 49.83, 49.85, 49.92 49.101, 49.102, 49.103, 49.121, 49.132, 49.141, 49.153, 49.161, 49.171, 49.172, 49.182 and 49.191 and by adding § 49.90 to read as set forth at 35 Pa.B. 5988; and by amending §§ 49.1, 49.11, 49.13, 49.14, 49.17, 49.18, 49.31, 49.34, 49.62a, 49.64e, 49.84, 49.91, 49.104 and 49.111 and by adding §§ 49.53 and 49.62b to read as set forth in Annex A.
(b) The Executive Director will submit this order, 35 Pa.B. 5988 and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Executive Director of the Board shall certify this order, 35 Pa.B. 5988 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order is effective upon final publication in the Pennsylvania Bulletin.
JIM BUCKHEIT,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 3051 (June 17, 2006).)
Fiscal Note: Fiscal Note 6-293 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subchapter C. HIGHER EDUCATION
CHAPTER 49. CERTIFICATION OF PROFESSIONAL PERSONNEL
Subchapter A. GENERAL PROVISIONS
THE PROGRAM § 49.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Public School Code of 1949 (24 P. S. §§ 1-101--27-2702).
Approved teacher certification program--A sequence of courses and experiences offered by a preparing institution which is reviewed and approved by the Department.
Articulation agreement--A formal agreement between two higher educational institutions, stating specific policies relating to transfer and recognition of academic achievement to facilitate the successful transfer of students without duplication of course work.
Assessment of basic skills--A measurement of a candidate's ability to communicate orally and in writing and to demonstrate proficiency in fundamental computational skills.
Assessment of general knowledge--A measurement of a candidate's knowledge in the fields of literature, mathematics, the sciences and social studies.
Assessment of professional knowledge and practice--A measurement of a candidate's knowledge of educational theory, principles of human growth and development, educational psychology and other subjects directly related to educational practice and their application/demonstration in school settings.
Assessment of subject matter--A measurement of a candidate's knowledge of an academic field or discipline to be taught in the public schools of this Commonwealth.
Candidate--A person seeking certification in any of the areas outlined in this chapter.
Certificate--A document prepared and issued by the Department indicating that the holder has completed an approved professional preparation program and is qualified to perform specific professional duties.
Chief school administrator--The superintendent, intermediate unit executive director, or equivalent private school administrator.
Collegiate studies--Studies pursued at institutions which are entitled to apply to themselves the designation of college or university as defined by 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries).
Commissioned officer--District superintendents and assistant district superintendents under section 1078 of the act (24 P. S. § 10-1078) regarding commissions and objections to election.
Continuing professional education--The formal acquisition of collegiate or in-service credits designed to improve and expand the expertise of professional personnel.
Day-to-day substitute permit--A permit issued for no longer than 20 consecutive days to fill a position due to the absence of professional certified personnel.
Degree-granting institution--A public college or technical institute which provides a 2 year, postsecondary college-parallel, terminal-general, terminal-technical, out-of-school youth or adult education program or a combination of these and which is established and operated under the act.
Diverse learners--Those students who because of limited English language proficiency or disabilities may have academic needs that require varied instructional strategies to help them learn.
Educational specialist--Professional certified personnel whose primary responsibility is to render professional service other than classroom teaching, such as elementary counselor, secondary counselor, school nurse and school psychologist.
Emergency permit--A permit issued to fill a vacancy resulting from resignation, termination, retirement, death or the creation of a new position.
Exceptional case permit--A permit issued to fill a vacancy due to exceptional conditions.
Induction--A process by which a variety of professional support services are provided to newly employed teachers and educational specialists under the guidance of professional personnel to facilitate entry into the education profession.
Induction plan--A description of the induction process developed and submitted by the school entity to the Department for approval which describes how a teacher or educational specialist will be introduced to the teaching profession under this chapter.
Intern certificate--A professional certificate that entitles the holder to fill a full-time professional teaching position.
Invalid certificate--A certificate which no longer enables its holder to perform specific professional duties.
Long-term substitute permit--A permit issued for an indeterminate period to fill a position due to the absence of professional certified personnel.
Occupational competency credential--A document issued by the Occupational Competency Testing Examiners which signifies that the holder possesses knowledge and skill in a technical field at a journeyman level. When the document is presented to a preparing institution or to the Department, it may be registered by the Department on the holder's vocational intern, vocational instructional or instructional certificate, and it enables the holder to teach that occupational specialty.
PSPC--Professional Standards and Practices Commission--A body composed of educators from the fields of basic and higher education, members of the general public and an ex officio member of the Board established by the Professional Educator Discipline Act.
Permit--A document prepared and issued by the Department indicating that the holder is allowed to serve in lieu of a certified professional for a specified period of time.
Prekindergarten--A program operated by a school district or under contract from a school district that is open to children who are 3 or 4 years of age and who have completed the program prior to the school district's entry age for kindergarten. A school district may make individual exceptions based upon local policy that would permit enrollment of children under 3 years of age or over 5 years of age.
Preparing institution--A college or university that offers a program approved by the Department to prepare professional personnel for employment in the public schools.
Professional certified personnel--Professional employees, excluding school secretaries, as defined in section 1101 of the act (24 P. S. § 11-1101).
Professional duties--A duty the performance of which is restricted to professional personnel by the scope of their certificate.
Professional Educator Discipline Act--24 P. S. §§ 2070.1a--2070.18a.
Satisfactory achievement--An acceptable level of performance as determined by the Secretary in consultation with the Board on the Department-prescribed assessments required in this chapter.
School entity--Public schools, school districts, intermediate units, area vocational-technical schools, charter schools, cyber schools and independent schools.
Term of validity--A period of time as specified in §§ 49.33, 49.34, 49.82, 49.92, 49.102, 49.142 and 49.152 in which the holder of a certificate is entitled to perform the professional duties for which the certificate was issued.
§ 49.11. General.
(a) Certificates and letters of eligibility in force in this Commonwealth on September 25, 1999, shall continue in force, subject to all the terms and conditions under which they were issued and the act until they expire by virtue of their own limitations. For certificates or a letter of eligibility to remain active, every 5 years a professional educator shall satisfactorily complete the following:
(1) Six credits of collegiate study.
(2) Six credits of continuing professional education courses.
(3) One hundred eighty hours of continuing professional education courses, activities or learning experiences or any combination of collegiate studies, continuing professional education courses or other programs equivalent to 180 hours.
(b) State certificates and permits will be issued as provided in this chapter, and teachers and other professional personnel may not perform professional duties or services in the schools of this Commonwealth in any area for which they have not been properly certified or permitted.
(c) This chapter establishes the specific requirements for the certification and permitting of persons serving in the public school entities of this Commonwealth as professional employees, temporary professional employees, substitutes, and commissioned school administrators of the Commonwealth.
§ 49.13. Policies.
(a) The Board, through the Secretary, will provide standards for the guidance of the preparing institutions in educating professional personnel for the schools of this Commonwealth, all of which are to include accommodations and adaptations for diverse learners.
(b) The Department will have the following responsibilities with respect to certification and permitting of professional personnel in the schools of this Commonwealth:
(1) Provision of advisory services to college and school personnel in matters pertaining to teacher education and certification.
(2) Designation of professional titles for personnel.
(3) Prescription of procedures for issuance of certificates and permits.
(4) Evaluation and approval of teacher education programs leading to the certification and permitting of professional personnel. Program approval reviews shall be conducted by professional educators from basic and higher education.
(5) Registration of certified and permitted persons.
(6) Maintenance of records of all certificates and permits.
(7) Assurance that each professional person is properly certified or permitted for the specific position in which the professional person is employed.
(8) Review and investigation of alleged violations of this chapter.
(9) Prescription of procedures approved by the Board for the appraisal and evaluation of education and experience of applicants for any type of professional certification issued by the Department when the applicant has been denied certification and is prepared by institutions outside this Commonwealth or has appealed in accordance with guidelines approved by the Board in § 49.66 (relating to appeal procedure), a decision pertaining to eligibility for certification rendered by a Commonwealth institution having an approved program. The appellant initially shall have appealed to the institution.
(10) The issuance of administrative agency interpretative policies and directives relating to professional certification and staffing in the schools of this Commonwealth as may be necessary to carry out the intent of this chapter.
(11) Identification and approval of assessment tools, instruments and procedures to measure basic skills and general knowledge; professional knowledge and practice; and subject matter knowledge.
(12) Assurance that individual scores or measurements achieved on assessments instituted under § 49.18 (relating to assessment) are not released without the permission of the candidate or pursuant to subpoena or court order. The Department will inform the candidate by means of the candidate's last known address when it has received a subpoena or court order.
(c) Except for applicants whose certification status is subject to subsection (b)(9) and § 49.171 (relating to general requirements), the Department will require that an applicant for a certificate shall have completed an approved teacher preparation program and shall be recommended by the preparing institution.
(d) The Department will have the right to review approved programs at any time. Major evaluations shall be conducted at 7-year intervals, by professional educators appointed by the Department in accordance with subsection (b)(4), to review process and content.
(e) The Department will accept the request of an institution to withdraw from an approved program. The Department will have the right to withdraw the approval of a program from an institution. New students may not be accepted in a program which has lost its approved status after the date of the action.
§ 49.14. Approval of institutions.
To be authorized to conduct programs that lead to certificates for professional positions, institutions and any of their off-campus centers engaged in the preparation of teachers shall meet the following requirements:
(1) Be approved as a baccalaureate or graduate degree granting institution by the Department.
(2) Be evaluated and approved as a teacher-preparing institution to offer specific programs leading to certification in accordance with procedures established by the Department.
(3) Report to the Department, for approval, all planned changes in previously approved programs. This report shall be made 90 days prior to the implementation of the planned changes.
(4) Follow Department prescribed standards developed from the following principles:
(i) Institutions develop clear goals and purposes for each program, including attention to professional ethics and responsibilities.
(ii) Institutions are able to demonstrate how instructional and clinical activities provide educator candidates with the capacity to enable the achievement of all students.
(iii) Institutions are able to demonstrate that educator candidates have participated in instructional activities that enable the candidates to provide instruction to students to meet the provisions of Chapter 4 (relating to academic standards and assessment).
(iv) Institutions are able to demonstrate that educator candidates successfully participate in sequential clinical experiences fully integrated within the instructional program.
(v) Institutions have clearly expressed standards for admission to, retention in and graduation from approved programs and actively encourage the participation of students from historically underrepresented groups.
(vi) Institutions provide ongoing assessment of educator candidates' knowledge, skills, dispositions and performance with which to identify needs for further study, certification assessment assistance or clinical experience or dismissal from the program.
(vii) Institutions can demonstrate how information from systematic evaluations of their programs, including students and educator evaluators, and achievement levels of candidates for certification in the Department-designed assessment program are used for continual program improvement.
(viii) Institutions, in partnership with local education agencies, provide a school-based experience integrating the teacher candidates' knowledge, skills and dispositions in professional practice. This experience shall be fully supported by institutional faculty, including frequent observation, consultation with supervising teachers and opportunities for formative and summative evaluation.
(ix) Institutions provide ongoing support for novice educators in partnership with local education agencies during their induction period, including observation, consultation and assessment.
(x) Institutions provide evidence that an acceptable percentage of candidates applying for certification as determined by the Secretary and Board achieve at a satisfactory level on all assessments appropriate to initial certification in each program for which they are approved.
(5) Institutions may enter into articulation agreements with community colleges that permit students to earn credits toward meeting the requirements of this chapter.
§ 49.17. Continuing professional education.
(a) A school entity shall submit to the Secretary for approval a 3-year professional education plan as part of its strategic plan in accordance with section 1205.1 of the act (24 P. S. § 12-1205.1).
(1) A school entity shall develop a continuing professional education plan, which includes options for professional development including, but not limited to, activities such as the following:
(i) Graduate level coursework.
(ii) Obtaining a professionally related master's degree.
(iii) Department-approved in-service courses.
(iv) Curriculum development work.
(v) Attendance at professional conferences.
(2) The continuing professional education plan shall define terms used including, but not limited to, the following:
(i) Professionally related graduate level coursework.
(ii) Professionally related master's degree.
(iii) Curriculum development work.
(iv) Professional conferences.
(3) The continuing professional education plan shall be developed as specified in section 1205.1 of the act. The plan must describe the persons who developed the plan and how the persons were selected.
(4) The continuing professional education plan submitted to the Secretary shall be approved by both the professional education committee and the board of the school entity.
(5) The Secretary will promulgate guidelines which include a process for amending approved continuing professional education plans in accordance with the requirements for initial preparation of the plans. The guidelines will also outline allowable activities for credit earned under sections 1205.1 and 1205.2 of the act (24 P. S. §§ 12-1205.1 and 1205.2) after July 1, 2006.
(6) The continuing professional education plan must include a section which describes how the professional education needs of the school entity, including those of diverse learners, and its professional employees are to be met through implementation of the plan. The plan must describe how professional development activities will improve language and literacy acquisition for all students and contribute to closing achievement gaps among students.
(b) A commissioned officer who obtains a Letter of Eligibility for Superintendent shall present to the Secretary evidence of satisfactory completion of 6 credit hours of continuing professional education courses every 5 years. This subsection will be satisfied by taking collegiate studies or Department-approved in-service courses or a combination thereof.
(c) Professional personnel who fail to comply with the continuing professional education plan under subsection (a) or fail to complete the requirements of sections 1205.1 and 1205.2 of the act will have their certificates or commissions rendered inactive by the Department until the requirement is met. Professional personnel whose certificate or commission is rendered inactive shall have a right to appeal the action to the Secretary.
(d) School districts that employ professional personnel or commissioned officers with inactive certificates or commissions are subject to penalties provided for under section 2518 of the act (24 P. S. § 25-2518).
(e) Certified personnel are responsible for monitoring their own progress toward completing the requirements prescribed by sections 1205.1 and 1205.2 of the act and for notifying the Department of any changes to their home mailing address.
§ 49.18. Assessment.
(a) The Secretary will institute an assessment program for candidates for certification designed to assess their basic skills; professional knowledge and practice; and subject matter knowledge. Candidates for elementary, K-12 instructional and early childhood certificates shall also be assessed in the area of general knowledge. The following principles will guide the Secretary in the development of an assessment program:
(1) The assessment program will be based in the standards developed for each certificate.
(2) The assessment program will measure the candidate's abilities across the domains of basic skills knowledge, professional knowledge and practice, and subject matter knowledge employing a variety of measures at a minimum of three points:
(i) During the candidate's preparation program.
(ii) Upon application for initial certification.
(iii) Upon application for Level II, supervisory or administrative certification.
(3) The assessment program will be developed in consultation with teachers, administrators, teacher educators and educational specialists with relevant certification.
(4) The assessment program will employ, when appropriate, available assessment tools, instruments and procedures.
(b) The Secretary, in consultation with the Board, will establish a satisfactory achievement level for the assessments in subsection (a).
(c) The assessments in basic skills and general knowledge; professional knowledge and practice; and subject matter knowledge will be given, and satisfactory achievement levels shall be reached, prior to the issuance of a certificate.
(d) A periodic review of the assessment program will be made by the Board every 3 years.
(e) The Department may issue additional subject areas to holders of Instructional (see §§ 49.82 and 49.83 relating to Instructional I; and Instructional II)) or Intern (see § 49.91 (relating to criteria for eligibility)) certification who pass the appropriate subject matter testing components in areas other than Health and Physical Education, Cooperative Education and all Special Education areas. The Department may identify other certification areas to be excluded from eligibility based on criteria established by the Secretary and approved by the Board.
EMERGENCY, LONG-TERM AND DAY-TO-DAY SUBSTITUTE PERMITS § 49.31. Criteria for eligibility.
The Department may issue an emergency, Long-Term or Day-to-Day Substitute Permit for service in the public schools, at the request of the employing public school entity, to an applicant who is a graduate of a 4-year college or university to fill a vacant position or to serve as a long-term or day-to-day substitute teacher, when a fully qualified and properly certificated applicant is not available. The permit is issued on the basis of terms and conditions agreed upon between the requesting public school entity and the Department. Each July, the Department will report to the Board the number and nature of emergency, Long-Term and Day-to-Day Substitute Permits issued during that year. A long-term substitute permit may be issued only after the position has been posted a minimum of 10 days on the school entity's website and no qualified candidate has been identified.
§ 49.34. Locally issued Day-to-Day Substitute Permits.
(a) The chief school administrator of a public school entity is authorized to issue a Day-to-Day Substitute Permit for service as a substitute when the following conditions are met:
(1) The person for whom the permit is sought holds a valid Pennsylvania certificate or its equivalent from another state.
(2) An appropriately certified individual is not available to fill the substitute position.
(3) The person for whom the permit is sought consents to an assignment outside the area of the person's certification.
(b) This permit shall be valid for 20 cumulative school days of service as a day-to-day substitute in each certificate area. If renewal is necessary, the chief school administrator may request, within 30 days of the person's last day of service, issuance of a permit by the Department under §§ 49.31 and 49.32 (relating to criteria for eligibility; and exceptional case permits).
(c) This permit will not qualify the holder to serve in a vacant position which must be filled by a temporary professional employee or professional employee or to serve as a substitute for a regularly appointed professional employee or temporary professional employee on an approved leave of absence. Issuance by the Department is used to qualify persons for this service.
(d) A permit may not be issued or used during a work stoppage.
(e) Emergency permits are available for a total of 3 consecutive years.
CHANGES IN CERTIFICATION § 49.53. Elimination or change of types/categories of certificates.
(a) The Secretary, the Board and the PSPC will receive requests to eliminate/change a type/category of certificate. When any of these parties receives such a request, it will inform the other two parties.
(b) The Department will conduct an investigation into a written request to eliminate/change a type/category of certificate. The PSPC on its own initiative may conduct an investigation.
(c) The Department and the PSPC will review the findings of the investigation regarding the need to eliminate/change a type/category of certificate and present their individual recommendations to the Board.
(d) If the Board does not disapprove or take any other action on the elimination or change of the type/category of certificate within 150 days of submission to the Board of a formal recommendation from either the Department or PSPC, the type/category of certificate will be considered eliminated/changed.
(e) In the case of the elimination of a type/category of certificate, once the elimination is approved by the Board, the Secretary will notify all institutions of higher education offering the programs that effective as of the date of notification no further students are to be accepted into the program. Students currently enrolled in the certification phase of the program will be given an opportunity to complete the program and degree or be provided an opportunity to switch to a different course of study.
MISCELLANEOUS PROVISIONS § 49.62a. Program Specialist Certificate.
(a) The Department may issue a Program Specialist Certificate upon verification that the applicant meets the requirements established for that certificate.
(b) Program Specialist Certificates may be issued for a selected area of service when a certificate does not exist for that area. The certificates may be issued only to a person who holds a valid Pennsylvania certificate or its equivalent from another state. Annually, the Department will report to the Board the number and nature of these certificates issued during the year.
(c) Program Specialist Certificates are valid only for the position described in the approved position description and will be annotated on the teaching certificate of the individual. They will be valid throughout this Commonwealth.
§ 49.62b. Program Endorsement Certificate.
Following approval by the Department, baccalaureate or graduate degree granting institutions, alone or in cooperation with other institutions, community colleges or school entities, may offer short programs (12 credits maximum) that lead to the Program Endorsement Certificate in new and emerging areas where formal certification does not exist but would improve the teachers' skills in dealing with complex classroom settings. Areas include, but are not limited to, classroom management, classroom technology and disruptive youth. These endorsements would be added to existing Level I or Level II Certificates but are not required to perform service in these areas.
§ 49.64e. Mandatory reports from schools.
The chief school administrator or the administrator's designee shall report to the Department dismissals, resignations to avoid dismissal for cause and criminal charges and convictions of educators on forms provided by the Department as follows:
(1) Within 30 days of employment termination, the name of any person who has been terminated and the cause for the employment termination.
(2) Within 30 days of learning that an educator has been charged or convicted of a crime involving moral turpitude or a crime set forth in section 111(e)(1) of the act (24 P. S. § 1-111(e)(1)), the name of the educator and information related to the conduct leading to the criminal matter.
(3) Within 60 days of receiving information constituting reasonable cause to believe that an educator caused physical injury to a student or child due to negligence, malice, or sexual abuse or exploitation, the name of the educator, and all available relevant information.
Subchapter B. CERTIFICATION OF GRADUATES FROM COMMONWEALTH INSTITUTIONS
INSTRUCTIONAL CERTIFICATES § 49.84. Collegiate credit acceptable for conversion of the Instructional I Certificate.
(a) College credit acceptable for conversion to the Instructional II Certificate shall be earned at a State- approved baccalaureate or graduate degree granting institution.
(b) Credits earned in programs designed to prepare for professional fields such as law, medicine or theology, when relevant to the area of certification, will be considered acceptable for purposes of renewing or converting the Instructional I Certificate.
(c) Credits shall be earned subsequent to the conferring of the baccalaureate degree.
INTERN CERTIFICATES § 49.91. Criteria for eligibility.
(a) The Department may make a one-time issuance of an Intern Certificate for service in a specific area of instruction for use in elementary, middle and secondary schools to applicants who, in addition to meeting the requirements of § 49.12 (relating to eligibility), present evidence of satisfactory achievement on Department-prescribed assessments of basic skills and subject matter tests; are enrolled in and have completed appropriate professional education courses in an approved intern program, which may include an induction; and are recommended for certificates by the institution holding approval. Candidates for Elementary, K-12 Instructional and Early Childhood Certificates shall also be assessed in the area of general knowledge.
(b) The applicant will be issued an Instructional I Certificate upon completion of the approved intern program and satisfactory achievement on the assessment of professional knowledge and practice.
(c) Intern certificate programs must provide flexible and accelerated pedagogical training to teachers who have demonstrated competency in a subject area, provided that the first year of teaching includes a minimum of one classroom observation each month by an approved college/university in this Commonwealth.
(d) An Intern Certificate is valid for 3 calendar years. This professional certificate may be issued only to an applicant who is a graduate of an accredited 4-year college or university. During the first year, the applicant shall complete all tests, enroll in an authorized program and complete a minimum of nine credits per year. The certificate requires continuing enrollment in a State-approved teacher intern program. This certificate cannot be renewed.
EDUCATIONAL SPECIALIST CERTIFICATES § 49.104. College credit acceptable for conversion of Educational Specialist I Certificate.
(a) College credit acceptable for conversion to the Educational Specialist II shall be earned at a State- approved baccalaureate or graduate degree granting institution.
(b) Credits earned in programs designed to prepare for professional fields such as law, medicine or theology, when relevant to the area of certification, will be considered acceptable for purposes of converting the Educational Specialist I Certificate.
(c) Credits shall be earned subsequent to the conferring of the baccalaureate degree.
SUPERVISORY CERTIFICATES § 49.111. Supervisory Certificate.
(a) The Department will issue Supervisory Certificates for positions in the schools of this Commonwealth to persons who:
(1) Have completed 5 years of satisfactory professional experience in the area in which the supervisory certificate is sought.
(2) Have completed an approved graduate program preparing the applicant for the responsibilities of supervising in the program area and of directing the activities of certified professional employees.
(3) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment).
(4) Are able to help students achieve under Chapter 4 (relating to academic standards and assessment).
(5) Meet the following standards:
(i) The supervisor understands the central concepts of organizational leadership, tools of research and inquiry and principles of teaching and learning that make supervision effective and efficient.
(ii) The supervisor understands how all children learn and develop and configures resources to support the intellectual, social and personal growth of all students.
(iii) The supervisor knows and understands effective instructional strategies and encourages and facilitates employment of them by teachers.
(iv) The supervisor uses an understanding of individual and group motivation to create a professional development environment that engages teachers to develop and apply effective instructional techniques for all students.
(v) The supervisor is an effective communicator with various school communities.
(vi) The supervisor organizes resources and manages programs effectively.
(vii) The supervisor understands and uses formative and summative assessment strategies to gauge effectiveness of people and programs on student learning.
(viii) The supervisor understands the process of curriculum development, implementation and evaluation and uses this understanding to develop high quality curricula for student learning in collaboration with teachers, administrators, parents and community members.
(ix) The supervisor possesses knowledge and skills in observation of instruction and conducting conferences with professional staff that are intended to improve their performance and enhance the quality of learning experiences for all students.
(x) The supervisor thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks out opportunities to grow professionally.
(xi) The supervisor contributes to school effectiveness by collaborating with other professionals and parents, by using community resources, and by working as an advocate to improve opportunities for student learning.
(b) A Supervisory Certificate for either Curriculum and Instruction or Pupil Personnel Services will be issued to persons who:
(1) Have 5 years of satisfactory professional certified service in the school program area for which the comprehensive certificate is sought.
(2) Have completed an approved graduate program preparing the applicant for the broad area, districtwide supervisory functions specified by the endorsement area of the certificate.
(3) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a).
[Pa.B. Doc. No. 06-1320. Filed for public inspection July 14, 2006, 9:00 a.m.]
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