PROPOSED RULEMAKING
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 49]
Certification of Professional Personnel
[27 Pa.B. 2011] The State Board of Education (Board) proposes to amend Chapter 49 (relating to certification of professional personnel), to read as set forth in Annex A, under authority of Article XII and sections 1109, 1141, 2603-B and 2604-B of the Public School Code of 1949 (Code) (24 P. S. §§ 12-1201--12-1268, 11-1109, 11-1141, 26-2603-B and 26-2604-B).
Purpose
Chapter 49 sets forth the basic rules for teacher preparation, certification and continuing professional development in this Commonwealth. Proposed changes are necessary to strengthen teacher education programs and support to novice teachers; to expand the assessment program to include performance and to provide for additional assessments; to ensure that certificate and commission holders are current in their professional field; and to provide a structure of professional education, certification and continuing professional development which supports the Commonwealth's curriculum requirements. These proposed amendments are the result of the Board's decennial review of the chapter as requred by § 49.51 (relating to review of certification).
Proposed amendments to §§ 49.31--49.34, 49.62 and 49.153 reframe the category of certificate to permit to accurately reflect the authorization given to the holder to work in a school setting for a limited time.
Section 49.64a (relating to authority to annual and reinstate certificates and discipline professional educators) is proposed to be revised and §§ 49.64b and 49.64c are proposed to be deleted. These revisions are necessary to clarify that the authority of the Secretary of the Department of Education (Secretary) with regard to the annulment of certificates is specific to reasons of fraud or mistake and to reflect the authority of the Professional Standards and Practices Commission in matters of discipline and certificate reinstatement under the act of December 12, 1973 (P. L. 397, No. 141) (24 P. S. §§ 2070.1--2070.18). Section 49.64e (relating to mandatory reports from schools) requires notification to the Department of persons charged or convicted of crimes of moral turpitude to enable timely Department action.
Section 49.67 is proposed to be deleted and the provisions for equivalency are proposed in new § 49.191 (relating to Letters of Equivalency). This new section created a Letter of Equivalency and distinguishes its purpose to be for compensation only in accordance with section 1141 of the code.
Age level equivalencies on Instructional Certificates are added to grade level restrictions in § 49.85 (relating to limitations). School entities are permitted to staff by age or grade level. A middle level certificate is established but not mandated in that same section.
Sections 49.102 and 49.103 (relating to Educational Specialist I; and Educational Specialist II) create parallel requirements for Education Specialists and Instructional Certificates including preparation, assessment and conversion to Level II certification.
Sections 49.112 and 49.122 (relating to renewal of Supervisory Certificate; and Administrative Certificate) are proposed to be revised to establish requirements for continuing professional development for renewal of Supervisory and Administrative Certificates.
Section 49.163 (relating to Vocational Administrative Directors) establishes requirements for assessment as a precondition for issuance of a Supervisor of Vocational Education Certificate.
Technical revisions throughout the chapter are proposed for clarity and consistency.
Affected Parties
Local education agencies, teacher preparing institutions and perspective and current teachers and administrators are affected by these proposed amendments.
Cost and Paperwork Estimates
Assessments:
With the expansion of assessment to include a measure of professional performance and to measure performance and knowledge at more points, additional costs will be incurred. It is difficult to accurately estimate these costs, but it is anticipated that the current cost of $175 for an applicant is likely to double at each of the initial and advanced certificate points. In development of the assessment program, the Department is directed to use, when appropriate available instructions to eliminate development costs. Costs for assessment may be shared among the applicant for certification, the preparing institution and the employing entity.
Currently, candidates for initial certification (Instruction I, Intern and Education Specialist I Certificates) are required to complete a range of tests under the National Teachers Exam (NTE). The cost for these tests are borne by the applicant for certification.
Teacher Preparation Program Revisions:
With new principles/standards for preparation programs, revisions will need to be made in these programs. It is difficult to measure the costs since the 90 institutions which offer at least one teacher preparation program vary in curricular design and delivery costs. However, it is assumed that the costs for revisions in programs will be similar to those costs engaged in program redesign regularly undertaken by institutions as required by changes in licensure or accreditation standards.
The requirement for approved programs to provide support to novice teachers in their first year of teaching will entail additional costs. It is envisioned that institutions, in cooperation with one another and employment appropriate technologies, will be able to accomplish this requirement while minimizing cost.
Professional Development:
Under the proposal, educators will be required to engage in six credits or 180 hours of approved continuing professional development activities every 5 years. Currently, only teachers who have not completed a Master's Degree and commissioned officers holding a Letter of Eligibility are required to engage in professional development every 5 years. With delineating a broader array of professional development activities to include Department-approved continuing professional development activities and experiences (such as, curriculum development activities professional publications and workshop participation) in addition to academic and inservice courses, additional costs are expected to be minimal.
Additional paperwork will be required of applicants for certification and renewal since they will need to present the results of assessments or professional development activities, or both. Optical scanning equipment and other techology enhancements currently being installed by the Department will improve the ability to process applications and renewals effectively and efficiently.
Effective Date
The final-form regulations will become effective upon final publication in the Pennsylvania Bulletin.
Sunset Date
The effectiveness of Chapter 49 will be reviewed by the Board every 10 years, under § 49.51. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 9, 1997, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees, with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If the Committees have objectons to any portion of the proposed amendments, they will notify the Board within 20 days of the close of the public comment period. If IRRC has objections to any portion of the proposed amendments, it will notify the Board within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations by the Board, the General Assembly and the Governor of objections raised.
Public Comments, Hearings and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this propoal to Peter H. Garland, Executive Director of the State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333 no later than May 19, 1997. Persons needing additional information regarding this proposal may contact Dr. Garland at telephone number (717) 787-3787 (PA Relay Service (800) 654-5984).
In addition, public hearings will be conducted by the Board beginning at 10 a.m. and concluding no later than 4 p.m. according to the following schedule:
May 7, 1997: Western Instructional Support Center, Multipurpose Room, 5347 William Flynn Highway, Gibsonia, PA (Allegheny County)
May 12, 1997: Montgomery County Intermediate Unit, Conference Room B 3-4, 1605-B West Main Street, Norristown, PA (Montgomery County)
May 16, 1997: Forum Building, Green Room, Ground Level, Commonwealth Avenue and Walnut Street, Harrisburg, PA (Dauphin County)
Persons wishing to testify at any of the hearings should contact the Board office no later than 4 p.m. on April 29, 1997, at the address and telephone numbers given in this Preamble. Testimony will be scheduled on a first-come, first-serve basis. Organizations are limited to a single witness at one hearing site. Testimony will be limited to 15 minutes, and each witness shall provide 30 copies of written statements at the time of the hearing. In lieu of testifying at the hearings, interested persons may submit written comments or testimony as provided. Thirty copies of written testimony are required.
Persons with disabilities are invited to submit testimony in alternative formats such as braille or taped testimony and via the telephone. Written and alternative formats of testimony will be afforded the same thoughtful consideration by the Board as oral testimony and will be received in the State Board of Education office until 4 p.m. on May 19, 1997.
Persons having questions or needing more information about the hearings and persons with a disability needing special accommodations to attend the hearings may contact Dr. Garland at the Board office.
Alternative formats of proposed Chapter 49 (such as, braille, large print, cassette tape) can be made available to members of the public upon request to the Board office.
PETER H. GARLAND,
Executive DirectorFiscal Note: 6-258. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF 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:
* * * * * 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, fine arts, 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.
* * * * * Collegiate studies--Studies pursued at institutions which are entitled to apply to themselves the designation of college or university as defined by [the Board under section 1 of the act of May 7, 1937 (P. L. 585, No. 150) (24 P. S. § 2421)] 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries).
Continuing professional development--[The formal acquisition of collegiate or in-service credits designed to improve and expand the expertise of professional personnel who receive their initial certificate in a given certificate category after June 1, 1987] Ongoing enhancement of professional knowledge and skill pursued through activities, studies and other organized experiences.
* * * * * 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 [teaching] 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.
* * * * * [Passing score--Satisfactory achievement as determined by the Secretary in consultation with the Board on the Department prescribed tests required in this chapter.]
Permit--A document prepared and issued by the Department indicating that the holder is allowed to serve in lieu of a certificated professional for a specified period of time.
* * * * * Professional personnel--Professional employes, excluding school secretaries, as defined in section [11-]1101 of the act (24 P. S. § 11-1101).
Professional Standards and Practices Commission (PSPC)--[An advisory] A body [to the Board] composed of educators from the fields of basic and higher education, [a college student, and a parent of a child attending public school] members of the general public, and an ex officio member of the Board established [in sections 1253--1258 of the act (24 P. S. §§ 12-1253--12-1258)] by the Teacher Certification Law.
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.
* * * * * Teacher Certification Law--The act of December 12, 1973 (P. L. 397, No. 141) (24 P. S. §§ 2070.1--2070.18).
Term of validity--A period of time as defined in §§ 49.82, 49.92, 49.142 and 49.152 [(relating to Instructional I; and term of validity)] in which the holder of a certificate is entitled to perform the professional duties for which the certificate was issued.
[Test of basic skills--An assessment of a candidate's ability to communicate in formal American English and to demonstrate proficiency in fundamental computational skills.
Test of general knowledge--An assessment of a candidate's knowledge in the fields of literature, fine arts, mathematics, science, and social studies.
Test of professional knowledge--An assessment of a candidate's knowledge of educational theory, principles of human growth and development, educational psychology, and other subjects directly related to teaching.
Test of subject matter--An assessment of a candidate's knowledge of an academic field or discipline to be taught in the public schools of this Commonwealth.]
§ 49.2. Inactivity and invalidity.
* * * * * (b) Invalidity. A certificate shall be invalid if the holder fails to meet, or if circumstances arise as specified in[,] § 49.33, § 49.34(b), § 49.82, [§ 49.84,] § 49.92, § 49.102, [49.111(b)] § 49.142 or § 49.152.
§ 49.11. General.
(a) Certificates and letters of eligibility in force in this Commonwealth on [September 13, 1980] ____ (Editor's Note: The blank refers to the effective date of adoption of this proposal) shall continue in force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations.
(b) State certificates and permits shall 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 certificated or permitted.
(c) This chapter establishes the specific requirements for the certification and permitting of persons serving in the [basic schools] public school entities of this Commonwealth as professional employes, temporary professional employes, substitutes and commissioned school administrators of the Commonwealth.
§ 49.12. Eligibility.
In accordance with sections 1109, 1202 and 1209 of the act (24 P. S. §§ 11-1109, 12-1202 and 12-1209), every professional employe certificated or permitted to serve in the schools of this Commonwealth shall:
* * * * * (2) [Show a physician's certificate stating that the applicant is neither mentally nor physically disqualified from successful performance of the duties of a teacher.] Provide a physician's certificate stating that the applicant, with or without reasonable accommodation, is able to perform successfully the essential functions and duties of an educator. A qualified applicant who has tuberculosis or another communicable disease or a mental disability, will not be deemed to pose a direct threat to the health or safety of others unless a threat to health or safety cannot be eliminated by a reasonable accommodation.
* * * * * (4) Except [for] in the case of the [Letter of] Temporary [Certification] Permit, Vocational Instructional Intern Certificate and Vocational Instructional Certificate, have earned minimally a baccalaureate degree as a general education requirement.
§ 49.13. Policies.
* * * * * (b) The Department will have the following responsibilities with respect to certification and permitting of professional personnel in the schools of this Commonwealth:
* * * * * (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 teams shall consist of professional educators from basic and higher education.
(5) Registration of certificated and permitted persons.
(6) Maintenance of records of all certificates and permits.
(7) Assurance that each professional person is properly certificated or permitted for the specific position in which [he] the professional person is employed.
* * * * * (11) Identification and approval of assessment tools, instrument and procedures to measure basic skills and general knowledge; professional knowledge and practice; and subject matter knowledge.
(12) Establishment of equivalencies for education and experience for each certificate area for those candidates not completing an approved program, subject to the approval of the Board.
(13) Establishment of specific criteria for temporary waivers and school entity petition process, subject to the approval of the Board, to provide for flexibilitiy in staffing as necessary to meet the requirements of Chapter 5 (relating to curriculum requirements). The Secretary may grant temporary waivers upon petition of the board of a school entity. The Secretary will report annually to the Board the number and nature of the waivers.
(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 program [and] or its equivalent. Those candidates completing an approved program shall be recommended by the preparing institution.
* * * * * § 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 [all of] the following requirements:
* * * * * (4) 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 successfully participate in early and frequent clinical experiences fully integrated within the instructional program.
(iv) 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.
(v) Institutions provide ongoing assessment of educator candidates' knowledge, skills, dispositions and performance with which to identify needs for further study or clinical experience or dismissal from the program.
(vi) 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.
(vii) 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.
(viii) Institutions provide ongoing support for novice educators in partnership with local education agencies during their induction period, including observation, consultation and assessment.
(ix) Institutions provide evidence that at least 95% of candidates applying for certification achieve at a satisfactory level all assessments appropriate to initial certification in each program for which they are approved.
§ 49.15. [Approval of experimental programs] (Reserved).
[The Department may enter into a written agreement with a preparing institution wishing to conduct an experimental program. The institution shall meet the requirements described in § 49.14 (relating to approval of institutions). Certification shall be given to graduates of such an experimental program upon recommendation by the institution if the institution has met all of the following requirements:
(1) Submitted a detailed explanation of the experimental program to the Department for approval.
(2) Planned a thorough procedure conforming to accepted canons of educational research for evaluating results of the experimental program. These results shall be reported to the Department in accordance with a schedule approved at the time of the agreement.
(3) Agreed to terminate the experimental program upon request by the Department when it is judged by a program approval team to be inadequate for preparation of professional personnel.]
§ 49.16. Approval of induction plans.
(a) [Prior to June 1, 1987, each] Each school entity shall submit to the Department for approval a plan for the induction experience for first-year teachers and educational specialists as part of their strategic plan every 6 years as required by § 5.203 (relating to strategic plans). The induction plan shall be prepared by teacher or educational specialist representatives, or both, chosen by teachers and educational specialists and administrative representatives chosen by the administrative personnel of the school entity. Newly employed professional personnel with prior school teaching experience may be re quired by the school entity to participate in an induction program.
* * * * * (c) The induction plan shall reflect a mentor relationship between the first year teacher or educational specialist, teacher educator and the induction team.
* * * * * § 49.17. Continuing professional development.
(a) A school entity shall submit to the Secretary for approval a continuing professional development 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 development plan which shall include options for professional development including[, but not limited to,] activities such as the following:
* * * * * (iv) Curriculum development work and other program design and delivery activities.
(v) [Attendance at] Participation in professional conferences and workshops.
(vi) Supervised [classroom] peer observations of or formal consultations with other professional employes.
(2) The continuing professional plan shall define terms used including[, but not limited to,] the following:
* * * * * (iii) Curriculum development work and other program design and delivery activities.
* * * * * (v) Supervised [classroom] peer observations of or formal consultations with other professional employes.
(3) The continuing professional development plan shall be developed by teacher representatives chosen by the teachers [and], administrative representatives chosen by the administrative personnel of the school entity, parents with children attending a school in the district and individuals from the community. The plan shall describe the persons who developed the plan and how the persons were selected.
* * * * * (5) The Secretary will [promulgate] develop guidelines which include a process for amending approved continuing professional development plans in accordance with the requirements for initial preparation of the plans.
(6) The continuing professional development plan shall include a section which describes how the professional development needs of the school entity and its professional employes are to be met through implementation of the plan. Annually, each school entity shall review its plan to determine that it continues to reflect the needs of the school entity and its professional employes and amend as necessary.
(7) [Initial continuing professional development plans shall be implemented by a school entity no later than the beginning of the 1988-89 school year.] The continuing professional development plans shall be coordinated by school entities with their strategic and induction plans.
(b) [Reserved
(c) A commissioned officer who obtains a Letter of Eligibility for Superintendent after June 1, 1987,] Professional personnel, obtaining an Instructional II, Educational Specialist II, Supervisory, or Administrative Certificate or Letter of Eligibility or Vocational Instructional II or Vocational Administrative Director Certificate after ____ (Editor's Note: The blank refers to the effective date of adoption of this proposal) shall, thereafter, present to the Secretary evidence of satisfactory [completion of 6 credit hours of] participation in continuing professional development [courses] every 5-calendar years. This subsection will be satisfied by [taking collegiate studies or Department-approved inservice courses or a combination thereof.] completing one of the following or a combination thereof:
(1) Six credits of collegiate studies in the areas of assignment and certification.
(2) Six credits of Department-approved inservice courses in the areas of assignment and certification.
(3) One hundred eighty hours of Department-approved continuing professional development activities and experiences.
[(d)] (c) Professional personnel who fail to comply with the continuing professional development plan under subsection (a) or [commissioned officers] those who fail to complete the [required 6 credit hours] requirements under subsection (c) will have their certificates or commissions rendered inactive until the requirement is met.
[(e)] (d) School districts that employ professional personnel or commissioned officers with inactive certificates or commissions are subject to penalties provided for under section [25-]2518 of the act (24 P. S. § 25-2518).
(e) Activities and experiences approved to meet requirements for continuing professional development shall meet the following standards:
(1) Have significant intellectual and practical content, the primary objective of which is to improve the participants' professional competence.
(2) Deal with matters directly related to subjects which satisfy the purposes of this chapter.
(3) Be organized and led by persons qualified with the practical or academic experience necessary to conduct the activity or experience effectively.
(4) Be approved as professional activities and experience by the continuing professional development committee of the school entity.
§ 49.18. [Testing] Assessment.
(a) The Secretary will institute [a testing] an assessment program for candidates for certification designed to assess their basic skills[,] and general knowledge[,]; professional knowledge [and knowledge of the subjects in which they seek certification] practice; and subject matter knowledge. The following principles shall 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 candidates' 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 and teacher educators.
(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 [passing score] satisfactory achievement level for the [tests enumerated] assessments in subsection (a).
(c) The [tests] assessments in basic skills[,] and general knowledge[,]; professional knowledge and practice; and subject matter knowledge will be given, and [passing scores] satisfactory achievement levels shall be [achieved] reached, prior to the issuance of a certificate.
(d) A periodic review of the [testing] assessment program will be made by the Board every 3 years.
EMERGENCY [CERTIFICATES] PERMITS § 49.31. Criteria for eligibility.
The Department may issue an emergency [certificate] 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 [State approved teacher preparing four] 4-year college or university to fill a professional vacancy when a fully qualified and properly certificated applicant is not available. The emergency [certificate] permit is issued on the basis of terms and conditions agreed upon between the requesting public school entity and the Department. [Annually] Each July, the Department will report to the Board the number and nature of emergency [certificates] permits issued during that year.
§ 49.32. Emergency cases.
The Department may approve the issuance of an emergency [certificate] permit to a person at the request of a public school entity upon receiving appropriate evidence of exceptional conditions requiring Department resolution of the staffing problem.
§ 49.33. Expiration.
[All emergency certificates] Emergency permits shall expire with the termination of any summer school conducted [in the summer] which follows the date of issuance. Persons holding an emergency [certificate] permit shall be used in staffing summer school positions only when regular employees holding the appropriate provisional or permanent certificate are not available.
§ 49.34. Issuance by chief school administrator.
(a) The chief school administrator of a public school entity is authorized to issue an emergency [certificate] permit for day-to-day service as a substitute when the following conditions are met:
(1) The person for whom the [certificate] permit is sought holds a valid Pennsylvania [Instructional Certificate] certificate or [a valid Pennsylvania Educational Specialist Certificate] its equivalent from another state.
* * * * * (3) The person for whom the [certificate] permit is sought consents to an assignment outside the area of [his] the person's certification.
(b) This [certificate] permit shall be valid for 15 cumulative school days of service as a day-to-day substitute in each certificate endorsement area. If renewal is necessary, the chief school administrator may request, [during the initial 15 day period] within 30 days of the person's last day of service, issuance of an emergency [certificate] permit by the Department [pursuant to] under §§ 49.31 and 49.32 (relating to criteria for eligibility; and emergency cases).
(c) This [certificate shall] permit will not qualify the holder to serve in a vacant position which must be filled by a temporary professional employe or professional employe or to serve as a substitute for a regularly appointed professional employe or temporary professional employe on an approved leave of absence. Issuance by the Department is used to qualify persons for [such] this service.
(d) Under no conditions may [this emergency a certificate] a permit be issued or used during a work stoppage.
ADMINISTRATIVE COMMISSION § 49.41. Description.
* * * * * (b) A commission will be issued for a specific term in accordance with Article X of the Public School Code of 1949 (24 P. S. §§ 10-1001--[10-1083.1] 10-1089).
§ 49.42. Letter of eligibility.
A letter of eligibility of an administrative commission shall be issued in lieu of a certificate by the Department to a candidate who has completed an approved program of preparation in administration and who has been recommended by the preparing institution or presents similar experience, skills and education to the Department. Letters of eligibility will be issued to candidates who meet Department prescribed standards based on the following principles:
(1) The administrator demonstrates educational leadership which provides purpose and direction for the achievement of all students.
(2) The administrator effectively organizes and manages the total educational program of a local education agency with particular attention to the statutory and regulatory environment of education.
(3) The administrator understands and effectively manages financial and human resources to foster student achievement.
(4) The administrator effectively communicates with students, faculty, staff, parents and members of the community.
(5) The administrator, in collaboration with faculty, staff, students and parents, fosters a climate conducive to student achievement.
(6) The administrator is a reflective practitioner who thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks opportunities to grow professionally.
CHANGES IN CERTIFICATION § 49.51. Review of certification.
(a) The Department will [review certification regulations annually and will] report [needed revisions to the Board] annually to the Board on the status of certification in this Commonwealth.
* * * * *
MISCELLANEOUS PROVISIONS § 49.62. Temporary [letters of certification] permits.
The Department may issue [a letter of certification] permits at the request of an employing public school entity. The [letter of certification] permit may be issued in lieu of a certificate to a competent specialist in any area of knowledge [in order] to enable the schools of [the] this Commonwealth to use the services of noncertified personnel for supplemental instruction under the supervision of a certificated teacher. The service shall be parttime and [shall] may not exceed 300 clock-hours during a school year. [Such] These persons [shall] will not be considered professional staff.
§ 49.62a. [School program] Program specialist certificate.
(a) The Department may issue a [school] program specialist certificate, at the request of the employing public school entity, to an applicant [whom the Department verifies as meeting] who meets the qualifications and competencies needed to perform the duties and functions of a locally established professional position as set forth by a description of the position approved by the local board of directors.
(b) [School program] Program specialist certificates may be issued only for an area of service in which a certificate does not exist. They may be issued only to persons who hold a valid [Instructional or Educational Specialist] Pennsylvania certificate or its equivalent from another state. Annually, the Department will report to the Board the number and nature of [such] these certificates issued during the year.
(c) [School program] Program specialist certificates are valid only for the position described in the approved position description and are not transferable to other school entities.
[(d) The provisions of this section and of § 49.184 (relating to Intermediate Unit Program Specialist Certificates) are mutually exclusive, neither related nor interchangeable.]
§ 49.63. Applicants educated in foreign countries.
* * * * * (b) The Department may substitute competency examinations for transcript review in a case involving the loss of [credentials] credentialing documents in a foreign country providing the applicant submits acceptable evidence that [he] the applicant did, in fact, complete a teacher education program.
* * * * * § 49.64a. Authority to annul[, revoke, or suspend] and reinstate certificates and discipline professional educators.
(a) [Annulment or revocation. In accordance with the authority vested in the Secretary by section 1211 of the Public School Code of 1949, P. L. 30 (24 P. S. § 12-1211) and by section 2(j) of the act of May 29, 1931, P. L. 210, as amended (24 P. S. § 1225(j)), the Secretary shall annul or revoke the profession al certificate or letter of eligibility of any person for cause as enumerated by the above statutes and by § 49.64b (relating to causes for annulment, revocation, or suspension), thereby prohibiting such person from teaching or engaging in other professional services in the schools of the Commonwealth until such time as such person is reinstated in accordance with § 49.64d(b) (relating to reinstatement of suspended or revoked certificates).] A professional certificate or letter of eligibility obtained by fraud or mistake will be considered void ''ab initio'' and will be annulled by the Secretary. An annulment will not be effected without prior notice and hearing in accordance with reasonable procedures as the Secretary shall prescribe, after review of and comment on the procedures by the Board.
(b) [Suspension. In accordance with the authority vested in the Secretary by section 2(j) of the act of May 29, 1931 P. L. 210, as amended (24 P. S. § 1225(j)), the Secretary shall suspend the professional certificate or letter of eligibility of any person for cause as enumerated by the above statute or by § 49.64b (relating to causes for annulment, revocation, or suspension), for a period of time not to exceed one year, thereby denying such person the right to teach or engage in other professional services in the schools of the Commonwealth for that period of time. When the period of suspension has passed, the certificate or letter of eligibility shall be reinstated in accordance with § 49.64d(a) (relating to reinstatement of suspended or revoked certificates).] In accordance with the authority vested with the Professional Standards and Practices Commission by the Teacher Certification Law, the Commission may discipline professional educators.
(c) [Procedure. No annulment, revocation, or suspension under subsections (a) and (b) shall be effected without prior notice and hearing in accordance with such reasonable procedures as the Secretary shall prescribe, after review of an comment on the procedures by the Board.] In accordance with the authority vested with the Professional Standards and Practices Commission by section 16 of the Teacher Certification Law (24 P. S. § 2070.16), the Commission may reinstate a professional educator's certificate.
§ 49.64b. [Causes for annulment, revocation, or suspension] (Reserved).
[(a) The Secretary shall annul, revoke, or suspend certification for those causes specified by section 1211 of the Public School Code of 1949 (24 P. S. § 12-1211) and by section 2(j) of the act of May 29, 1931, P. L. 210 (24 P. S. § 1225(j)).
(b) Any professional certificate or letter of eligibility obtained by fraud or mistake shall be considered void ab initio and shall be annulled by the Secretary after notice and hearing as provided in § 49.64a(c) (relating to authority to annul, revoke, or suspend).
(c) Any alteration of a professional certificate shall render that certificate null and void and reissuance of a new certificate may be refused pending annulment, revocation, or suspension proceedings for any of the causes enumerated in subsection (a).
(d) In addition to any other remedy provided by law, should any person willfully refuse to return a certificate or letter of eligibility recalled for cause by the Secretary, such certificate may be revoked or further suspended for cause as enumerated in subsection (a) after notice and hearing as provided by § 49.64a(c) (relating to authority to annul, revoke, or suspend).
(e) Annulment, revocation, or suspension of a professional certificate by another state for one of the causes enumerated in subsection (a) shall be considered probable cause for initiation of annulment, revocation, or suspension proceedings by the Secretary, but no annulment, revocation or suspension shall be effected except after notice and hearing as provided by § 49.64a(c) (relating to authority to annual, revoke, or suspend).]
§ 49.64c. [All certificates and letters of eligibility subject to suspension or revocation] (Reserved).
[The suspension or revocation by the Secretary of a certificate or letter of eligibility of any person shall automatically suspend or revoke any and all certificates or letters of eligibility issued by the Department held by that person except that person found incompetent in any one area of certification may retain their other certificates or letters of eligibility when the sole basis of the suspension or revocation is insufficient knowledge of subject matter.]
§ 49.64d. [Reinstatement of suspended or revoked certificates] (Reserved).
[(a) Any certificate or letter of eligibility which has been suspended is automatically reinstated at the end of the suspension period, provided, in the case of certificates, that the suspended certificate did not expire during the period of suspension. If the certificate expired during the period of suspension, the holder of the former certificate may be issued a new one provided he satisfies the requirements for the new certificate by demonstrating competency in the area of the previous certificate.
(b) An individual whose certificate or letter of eligibility has been annulled or revoked may have his case reconsidered annually. The burden of demonstrating his fitness for having his certificate or letter of eligibility reinstated rests with the individual. If the burden is met, the Secretary may place conditions on the issuance of the reinstated certificate or letter of eligibility.]
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