PROPOSED RULEMAKING
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 49]
Certification of Professional Personnel
[35 Pa.B. 5988] 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. The Board is acting under the authority of Article XII and section 2603-B of the Public School Code of 1949 (code) (24 P. S. §§ 12-1201--12-1215 and 26-2603-B) and sections 1--8 of the act of May 29, 1931 (P. L. 210, No. 126) (24 P. S. §§ 1224--1231).
Purpose
Chapter 49 sets forth requirements for certification of professional personnel in public schools. The proposed amendments reflect current State and Federal statutory requirements and Department of Education (Department) policies and practices.
Requirements of the Regulations
The proposed rulemaking amends the following sections.
Section 49.1 (relating to definitions) is amended as follows:
''Fine arts'' is deleted from the definition of ''assessment of general knowledge.''
Clarification of the definition of ''certificate'' is improved by adding that a candidate has completed an approved professional preparation program.
''Continuing professional development'' is amended to ''continuing professional education'' to make the regulation consistent with its use in the code.
''Day-to-day substitute permit'' is added to establish a new category of what previously was known as a substitute permit. This amendment is necessary to comply with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110, 115 Stat. 1425).
''Educational specialist'' defines educational specialists as professional employees whose service is not primarily instructional or administrative.
''Emergency permit'' establishes an emergency permit to allow for unanticipated contingencies such as sudden resignations, terminations, retirement or death of an incumbent.
''Intern certificate'' provides further clarification of the Intern Certificate which allows a holder who is enrolled in an approved intern program to provide instruction for up to 3 years.
''Long-term substitute permit'' provides a definition for the long-term substitute permit.
''Prekindergarten'' defines prekindergarten programs operated by school entities.
''Professional personnel'' adds ''certified'' in the definition to distinguish between professional school personnel, which includes school secretaries, and professional certificated school personnel, which does not.
''School entity'' establishes term that incorporates each type of public school that is governed by Chapter 49.
''Term of validity'' references to applicable sections of the regulations are updated to reflect proposed revisions.
Section 49.11(a) (relating to general) is deleted to reflect that certificates are no longer permanent.
Section 49.12(4) (relating to eligibility) amends ''temporary'' permit to ''resource specialist'' permit.
Section 49.13(a) (relating to policies) is amended to add a requirement that the standards for preparation of professional personnel shall address accommodations and adaptations for diverse learners.
Section 49.13(b)(12) clarifies that individual assessment results are not to be released without the permission of the candidate or under subpoena or court order.
Section 49.13(c) provides clarification that all applicants for a certificate shall complete an approved teacher preparation program operated by an approved post-secondary institution.
Section 49.14(5) (relating to approval of institutions) provides authority to approved teacher preparation institutions to enter into articulation agreements with community colleges.
Section 49.16(a) and (c) (relating to approval of induction plans) requires that long-term substitutes who are offered positions of 45 days or more shall be included in school entity induction plans.
Section 49.16(d) requires that induction plans address accommodations and adaptations for diverse learners.
The continuing professional education plan is made part of the school entity strategic plan in § 49.17(a) (relating to continuing professional development) required under § 4.13 (relating to strategic plans) and is required to be submitted to the Secretary every 3 years.
Section 49.17(a)(1)(vi) and (2)(v) is amended to delete supervised classroom observations as an approved continuing professional education activity.
Section 49.17(3) places the same requirement for representation on the continuing professional education planning committee for educational specialists (for example, guidance counselors and school nurses) as exists for teachers.
Section 49.17(5) directs the Secretary to outline allowable activities to be credited towards meeting the continuing professional education requirements under sections 1205.1 and 1205.2 of the code (24 P. S. §§ 12-1205.1 and 12-1205.2), as amended by the act of November 23, 1999 (P. L. 529, No. 48).
Section 49.18(a) (relating to assessment) clarifies that candidates for elementary, K-12 Instructional and Early Childhood Certificates must be assessed in the area of general knowledge.
Section 49.18(e) permits the Department to issue additional subject areas to holders of Instructional or Intern Certificates who pass the appropriate subject matter test except in early childhood, elementary education, health and physical education, cooperative education and special education. It also permits the Department to exclude additional certificates based on criteria established by the Secretary.
Section 49.31 (relating to criteria for eligibility) adds long-term and day-to-day substitute permits to cover short and limited-term assignments.
Section 49.32 (relating to emergency cases) amends the name of ''emergency'' permit to ''exceptional case'' permit.
Section 49.33 (relating to expiration) adds long-term and day-to-day substitute permits.
Section 49.34 (relating to issuance by chief school administrator) describes the criteria for when a chief school administrator may issue a day-to-day substitute permit.
Section 49.42(5) (relating to letter of eligibility) is amended to add language to have candidates for a letter of eligibility possess the knowledge and skills necessary to foster a climate conducive to the achievement of all students.
Section 49.52 (relating to development of types/categories of certificates and development of their respective standards) is amended to clarify that if the Board does not disapprove or take other action after receiving an affirmative recommendation to establish a new certificate from either the Professional Standards and Practices Commission or the Secretary, the recommendation will stand approved.
Section 49.53 (relating to elimination or changes of types/categories of certificates) establishes procedures for the elimination or change of types or categories of certificates.
Section 49.62 (relating to temporary permits) amends the name of the temporary permit to a resource specialist permit and permitholders to provide up to 400 clock hours of instruction each school year under the supervision of a certified teacher. It also permits professional practitioners in the fine arts or performing arts in schools of creative or performing arts to provide instruction up to 800 hours per year.
Section 49.62a (relating to program specialist certificate) clarifies the requirements for issuance of a program specialist certificate.
Section 49.62b (relating to program endorsement certificate) creates a program endorsement certificate designed to recognize specialized skills in new and emerging areas where formal certification does not exist.
Section 49.63 (relating to applicants educated in foreign countries) clarifies the requirements for issuance of a certificate to applicants who have been educated in a foreign country.
Section 49.64a (relating to authority to annul and reinstate certificates and discipline professional educators) updates the statutory reference to the Professional Educator Discipline Act (24 P. S. §§ 2070.1a--2070.18a).
Section 49.64e (relating to mandatory reports from schools) clarifies and defines the requirements for mandatory reporting by chief school administrators.
Section 49.65 (relating to out-of-State and Nationally-certified applicants) clarifies the requirements for out-of-State and Nationally certified applicants, including the requirement that candidates who complete National teacher training programs shall complete 1 year of intensive supervision in an approved internship program. This section also updates language concerning applicants for certification who hold certification issued by a state that is party to the Interstate Certification Agreement.
Section 49.69 (relating to deletion of areas from certificates) amends the timeframe from 10 years to 5 years and clarifies the process to be followed when a professional educator does not utilize an area in which he or she is certified before the Department may remove the area from the educator's certificate.
Section 49.72 (relating to categories of certificates and letters of eligibility) adds substitute, exceptional case and resource specialist permits.
Section 49.82 (relating to instructional I) clarifies that an Instructional I certificate is valid for 6 years in public schools in this Commonwealth.
Section 49.83 (relating to instructional II) provides that 24 credits or its equivalent in credits from the Department or an intermediate unit may be earned to meet the requirement to obtain the Instructional II certificate.
Section 49.85 (relating to limitations) addresses the requirements for prekindergarten programs, amends the age limitation for elementary certificates, amends the age range for middle level certificates and addresses limitations on special education certificates. It also amends each item to use a consistent format and language for each.
Section 49.90 (relating to criteria for eligibility) adds criteria for eligibility for temporary teaching permits.
New language in § 49.91 (relating to criteria for eligibility) clarifies requirements for the Intern Certificate and provides that candidates for elementary, K-12 instructional and early childhood certificates are assessed in the area of general knowledge.
Section 49.92 (relating to term of validity) clarifies that those holding Intern Certificates must complete the program within 3 calendar years.
Section 49.102 (relating to Education Specialist I) clarifies that the Educational Specialist I Certificate is valid for service in public schools in this Commonwealth.
Section 49.103 (relating to Education Specialist II) clarifies the criteria for eligibility of an Educational Specialist II certificate.
Section 49.104 (relating to college credit acceptable for renewal or conversion of Educational Specialist I Certificate) clarifies when credits earned in professional fields may be considered for renewal or conversion of the Educational Specialist I Certificate.
Section 49.111 (relating to Supervisory Certificate) clarifies that individuals seeking a Supervisory Certificate must understand how to support the intellectual, social and personal growth of students and how to assist professional staff to enhance the quality of learning experiences for all students. This section also clarifies that individuals seeking a Supervisory Certificate in curriculum or instruction have 5 years of satisfactory professional certified service in the school program area for which certification is sought.
Section 49.121 (relating to Administrative Certificate) clarifies that individuals seeking an Administrative Certificate must have satisfactory professional certified school experience.
Section 49.132 (relating to types of certificates) adds the vocational substitute permit to the list of vocational certificates that will be issued.
Section 49.153 (relating to vocational emergency permit) changes the Vocational Emergency Certificate to the vocational day-to-day substitute permit and updates the limitations and requirements.
Section 49.172 (relating to letter of eligibility) clarifies requirements for a Letter of Eligibility for superintendent or assistant superintendent.
Section 49.182 (relating to letter of eligibility) clarifies requirements for a Letter of Eligibility for intermediate unit executive director or assistant executive director.
Section 49.191 (relating to letters of equivalency) amends requirements for Letters of Equivalency.
Miscellaneous
The term ''certificated'' is replaced throughout the rulemaking with the term ''certified'' to bring consistent usage throughout the regulations.
The term ''continuing professional development'' is changed to ''continuing professional education'' throughout the regulations.
Affected Parties
The proposed rulemaking affects professional educators, public schools, teacher education programs and professional employees of the public schools of this Commonwealth (including intermediate units, area vocational-technical schools, public charter and alternative schools).
Cost and Paperwork Estimates
Since the proposed rulemaking largely reflects existing provisions of State and Federal statutes, court decisions and regulations, the costs associated with compliance would be negligible.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
In accordance with its policy and practice respecting all regulations promulgated by it, the Board plans to review the effectiveness of Chapter 49 after 4 years. Thus, 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 Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comments and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Jim Buckheit, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333 within 30 days following publication in the Pennsylvania Bulletin. Persons with disabilities who need an alternative means of providing public comment may make arrangements by calling Jim Buckheit, (717) 787-3787 or TDD (717) 787-7367.
JIM BUCKHEIT,
Executive DirectorFiscal Note: 6-293. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subpart 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:
* * * * * Assessment of general knowledge--A measurement of a candidate's knowledge in the fields of literature, [fine arts,] mathematics, the sciences and social studies.
* * * * * Certificate--A document prepared and issued by the Department indicating that the holder has completed [a] an approved professional preparation program and is qualified to perform specific professional duties.
* * * * * Continuing professional [development] education--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]. Sections 1205.1 and 1205.2 of the act (24 P. S. §§ 12-1205.1--12-1205.2) regarding continuing professional development and program of continuing professional education require that to maintain their certificate in active status, educators shall earn six collegiate credits, six Department-approved in-service credits, 180 continuing education hours, or any combination thereof, every 5 calendar years.
Day-to-day substitute permit--A day-to-day substitute permit is issued to qualify a person to serve as a substitute for a certified employee who will be absent from his position during the school year for no longer than 20 consecutive days.
* * * * * Educational specialist--Professional certified personnel whose primary responsibility is to render professional service other than classroom teaching, including dental hygienist, elementary counselor, secondary counselor, home and school visitor, instructional technology, school nurse, school psychologist and social restoration specialist.
Emergency permit--An emergency permit may be issued to qualify a person to serve as a temporary professional or professional employee to fill a vacancy created as a new position or by the resignation, termination, retirement or death of an incumbent.
* * * * * Intern Certificate--A professional certificate that entitles the holder to fill a full-time professional teaching position. The certificate is issued in instructional areas only and is valid for 3 years. The certificate requires continuing enrollment in a State-approved teacher intern program.
* * * * * Long-Term Substitute Permit--A Long-Term Substitute Permit may be issued to qualify the holder to serve for an indeterminate period for a certified employee who will be absent from the position during the school year.
* * * * * Permit--A document prepared and issued by the Department indicating that the holder is allowed to serve in lieu of a [certificated] certified professional for a specified period of time.
Prekindergarten--A program operated by a school entity or under contract from a school entity which is open to children up to 2 years prior to the school entity's entry age for kindergarten.
(i) The program must be comprehensive and appropriate for the age, developmental level and individual needs of each child, based on how young children develop and learn.
(ii) The program must include instruction to support each child's development in the following areas:
(A) Approaches to learning.
(B) Creative expression.
(C) Language and literacy.
(D) Math, logic and science.
(E) Social-personal development.
(F) Physical development and health.
* * * * * [Professional duties--A duty the performance of which is restricted to professional personnel by the scope of their certificate.]
Professional certified personnel--Professional employees, excluding school secretaries, as defined in section 1101 of the act (24 P. S. § 11-1101) [(relating to definitions)].
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.
Professional Standards and Practices Commission (PSPC)--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 [Teacher Certification Law] Professional Educator Discipline Act.
* * * * * School entity--Public schools, school districts, intermediate units, [and] area vocational-technical schools, charter schools, cyber schools and independent schools.
[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 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.
§ 49.2. Inactivity and invalidity.
(a) Inactivity. A certificate or commission shall be inactive if the holder fails to meet § 49.17 (relating to continuing professional [development] education).
* * * * * § 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 until they expire by virtue of their own limitations.
(b)] State certificates and permits [shall] 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 [certificated] certified or permitted.
[(c)] (b) * * *
§ 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 employee [certificated] certified or permitted to serve in the schools of this Commonwealth shall:
* * * * * (4) Except in the case of the [Temporary] Resource Specialist Permit, Vocational Instructional Intern Certificate[,] and Vocational Instructional Certificate, have earned minimally a baccalaureate degree as a general education requirement.
§ 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:
* * * * * (5) Registration of [certificated] certified and permitted persons.
* * * * * (7) Assurance that each professional person is properly [certificated] certified or permitted for the specific position in which the professional person is employed.
* * * * * (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.
* * * * * § 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:
* * * * * (4) Follow Department-prescribed standards developed from the following principles:
* * * * * (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.
§ 49.16. Approval of induction plans.
(a) Each school entity shall submit to the Department for approval a plan for the induction experience for first-year teachers, long-term substitutes who are offered a position for 45 days or more, and educational specialists. The induction plan shall be submitted as part of [their] the school entity's strategic plan every 6 years as required by Chapter 4 (relating to academic standards and assessments). 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 required by the school entity to participate in an induction program.
* * * * * (c) The induction plan shall reflect a mentor relationship between the first-year teacher, long-term substitute or educational specialist, teacher educator and the induction team.
(d) Criteria for approval of the induction plans will be established by the Secretary in consultation with the Board and must include an element of accommodations and adaptations for diverse learners.
§ 49.17. Continuing professional [development] education.
(a) A school entity shall submit to the Secretary for approval a [continuing professional development] 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 [development] education plan which [shall include] includes options for professional development including, but not limited to, activities such as the following:
* * * * * [(vi) Supervised classroom observations of other professional employes.]
(2) The continuing professional education plan shall define terms used including, but not limited to, the following:
* * * * * [(v) Supervised classroom observations of other professional employes.]
(3) The continuing professional [development] education plan shall be developed by teacher representatives chosen by the teachers, educational specialists chosen by educational specialists and administrative representatives chosen by the administrative personnel of the school entity as specified in section 1205.1 of the act. The plan [shall] must describe the persons who developed the plan and how the persons were selected.
(4) The continuing professional [development] education plan submitted to the Secretary shall be approved by both the [development] 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 [development] education plans in accordance with the requirements for initial preparation of the plans. The guidelines [shall] will also outline allowable activities for credit earned under section 1205.1 of the act and section 1205.2 of the act (24 P. S. § 12-1205.2) after July 1, 2005.
(6) The continuing professional [development] education plan [shall] must include a section which describes how the professional [development] 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.
[(7) Initial continuing professional development plans shall be implemented by a school entity no later than the beginning of the 1988-89 school year.]
(b) A commissioned officer who obtains a Letter of Eligibility for Superintendent [after June 1, 1987, shall, thereafter,] shall present to the Secretary evidence of satisfactory completion of 6 credit hours of continuing professional [development] 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 [development] education plan under subsection (a) or [commissioned officers who fail to complete the required 6 credit hours under subsection (b)] 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.
* * * * * (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.
§ 49.18. Assessment.
(a) The Secretary will institute an assessment program for candidates for certification designed to assess their basic skills [and general knowledge]; professional knowledge and practice; and subject matter knowledge. Candidates for elementary, K-12 instructional and early childhood certificates will also be assessed in the area of general knowledge. The following principles [shall] will guide the Secretary in the development of an assessment program:
* * * * * (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 Early Childhood, Elementary Education, 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.
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