[35 Pa.B. 5988]
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EMERGENCY, LONG-TERM AND DAY-TO-DAY SUBSTITUTE PERMITS § 49.31. Criteria for eligibility.
The Department may issue an emergency [permit], 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 [professional vacancy] 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 [emergency] 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 [permit], Long-Term and Day-to-Day Substitute Permits issued during that year.
§ 49.32. [Emergency cases] Exceptional Case Permits.
The Department may approve the issuance of an [emergency permit] Exceptional Case 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.
Emergency [permits shall], Long-Term and Day-to-Day Substitute Permits expire with the termination of any summer school conducted which follows the date of issuance. Persons holding an [emergency permit], Emergency, Long-Term or Day-to-Day Substitute 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] Locally issued Day-to-Day Substitute Permits.
(a) The chief school administrator of a public school entity is authorized to issue [an emergency permit] a Day-to-Day Substitute Permit for [day-to-day] service as a substitute when the following conditions are met:
* * * * * (2) No appropriately [certificated] certified individual is available to fill the substitute position.
* * * * * (b) This permit shall be valid for [15] 20 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, within 30 days of the person's last day of service, issuance of [an emergency] a permit by the Department under §§ 49.31 and 49.32 (relating to criteria for eligibility; and [emergency cases] exceptional case permits).
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ADMINISTRATIVE COMMISSION § 49.42. Letter of eligibility.
A letter of eligibility of an administrative commission [shall] will 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. Candidates for letters of eligibility shall be able to help students achieve under Chapter 4 (relating to academic standards and assessment). Letters of eligibility will be issued to candidates who present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment) and who meet the following standards:
* * * * * (5) The administrator, in collaboration with faculty, staff, students and parents, fosters a climate conducive to [student] the achievement of all students.
* * * * *
CHANGES IN CERTIFICATION § 49.52. Development of types/categories of certificates and development of their respective standards.
* * * * * (d) If the Board does not disapprove or take any other action on the new type/category of certificate within 120 days of [submission] receiving an affirmative recommendation, the type/category of certificate will stand approved.
* * * * * § 49.53. Elimination or change of types/categories of certificates.
(a) The Secretary, the Board and the Professional Standards and Practices Commission 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 cogent request to eliminate/change a type/category of certificate. The Professional Standards and Practices Commission on its own initiative may conduct an investigation.
(c) The Department and the Professional Standards and Practices Commission 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, 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 § 49.61. Teaching experience for out-of-State [students] applicants.
* * * * * § 49.62. [Temporary permits] Resource Specialist Permits.
The Department may issue [permits] Resource Specialist Permits at the request of an employing public school entity. The permit may be issued in lieu of a certificate to a competent specialist in any area of knowledge to enable the schools of this Commonwealth to use the services of noncertified personnel for supplemental instruction [under the supervision of a certificated] in a course of study directed by a certified teacher. The service [shall] must be part-time and may not exceed [300] 400 clock-hours during a school year. When services are provided by professional practitioners in the fine arts or performing arts (for example--music, dance, pottery, painting, sculpture, and the like) in schools designated by its governing board as a creative and performing arts specialty school, the Resource Specialists may be employed for up to 800 hours per year. These Resource Specialists may not supplant certified fine or performing arts teachers. [These persons will not be] Individuals employed under these provisions are not considered professional staff.
§ 49.62a. Program [specialist certificate] Specialist Certificate.
(a) The Department may issue a [program specialist certificate] Program Specialist Certificate, at the request of the employing [public] school entity, [to an applicant who meets the qualifications and competencies needed to perform the duties and functions of a locally established professional position approved by the local board of directors] upon verification that the applicant meets the requirements established for that certificate.
(b) Program [specialist certificates] Specialist Certificates may be issued [only for an] for a selected area of service [in which] when a certificate does not exist for that area. [It] They may be issued only to [persons] a person who [hold] 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] Specialist Certificates are valid only for the position described in the approved position description [are valid only for the position described in the approved position description and are not transferable to other school entities] 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 intended to be required to perform service in these areas.
§ 49.63. Applicants educated in foreign countries.
(a) The Department will issue certificates to applicants who have been educated in a foreign country who meet the established Commonwealth standards for the certificates sought. Applicants shall be required to provide official transcripts of studies completed abroad, and an evaluation of those transcripts by a Department-approved foreign credential evaluation group.
* * * * * § 49.64a. Authority to annul and reinstate certificates and discipline professional educators.
* * * * * (b) In accordance with the authority vested with the Professional Standards and Practices Commission by the [Teacher Certification Law] Professional Educator Discipline Act, the Commission may discipline professional educators.
* * * * * § 49.64e. Mandatory reports from schools.
The [board of school directors of the employing school district or the board of directors of each employing intermediate unit or area vocational technical school, or the appropriate governing body of the employing public charter or nonpublic school] chief school administrator or a designee shall report to the [Secretary within 10 days of dismissal the name of any person who has been dismissed and the cause for the dismissal and the name of any individual who is charged or convicted of a crime of moral turpitude.] 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.
§ 49.65. Out-of-State and Nationally-certified applicants.
(a) The Department will issue the appropriate Commonwealth certificate to applicants who have:
* * * * * (2) Completed the preparing institution's teacher education program [of the preparing institution].
* * * * * (4) Presented evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment) and the requirements of Chapter 354 (relating to teacher preparation).
(b) The Department may enter into a reciprocal certification agreement with the appropriate authority of another state to recognize comparable certificates. A temporary teaching permit may be issued to educators prepared outside of this Commonwealth in accordance with the current reciprocity agreement with other states. It will be valid for 1 year to allow the teacher to meet the Commonwealth's requirements as outlined in the reciprocity agreement.
* * * * * (d) Candidates successfully completing other National teacher training programs that require a candidate to demonstrate mastery of the subject area to be taught and professional knowledge needed for classroom effectiveness as approved by the Board, will be certified to teach in this Commonwealth, provided the approved program includes 1 year of intensive supervision in an internship program approved by the Secretary and the teacher has satisfied the basic certification requirements of the act (see 24 P. S. §§ 12-1202 and 12-1209), such as having good moral character, being at least 18 years old and having a bachelor's degree.
(e) Candidates holding a valid and current instructional certificate issued by one of the states party to the Interstate Certification Agreement with Pennsylvania may be eligible for certification if they have taught on the out-of-State certificate for 3 of the past 7 years and have achieved the qualifying score on the appropriate content area test required by the Commonwealth and meet the requirements of § 49.12 (relating to eligibility). The out-of-State certificate must be comparable to the grade level and scope of the Pennsylvania certificate being requested, and the test must have been taken within 5 years of the date of application for the Pennsylvania certificate. In those cases, no other tests will be required.
§ 49.69. Deletion of areas from certificates.
(a) Annually, between October 1 and December 31, any holder of a Pennsylvania certificate may request and the Department will grant the removal of any area for which the certificate is endorsed if any of the following conditions are met:
(1) The applicant has not taught in the area for which deletion is sought within the previous [10] 5 years.
* * * * * (b) In all other cases, an applicant requesting the removal of any area for which the certificate is endorsed [must] shall secure the approval of the [local] employing school authority. If [such] the approval is granted, [then] the Department will delete the area from the certificate. If [such] the approval is denied by the [local] employing school authority, the applicant shall have the right to appeal to the Department. In any such appeal, the burden is on the applicant to show lack of current subject matter competency.
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Subchapter B. CERTIFICATION OF GRADUATES FROM COMMONWEALTH INSTITUTIONS
GENERAL PROVISIONS § 49.72. Categories of certificates and letters of eligibility.
(a) The following basic categories of certificates and letters of eligibility will be issued by the Department:
* * * * * (2) Emergency [Permit] and Substitute Permits.
* * * * * (11) Exceptional Case Permits.
(12) Resource Specialist Permits.
* * * * *
INSTRUCTIONAL CERTIFICATES § 49.82. Instructional I.
(a) The Instructional I Certificate [shall be] is valid for 6 years of teaching in public schools in this Commonwealth in the area for which it applies. It may be converted to an Instructional II Certificate as provided by § 49.83 (relating to Instructional II).
* * * * * § 49.83. Instructional II.
The Instructional II Certificate [shall] will be [a permanent certificate] issued to an applicant who has completed:
* * * * * (3) Twenty-four credit hours of collegiate study or its equivalent [in in-service courses approved by the Department, or both] in credits from the Department, a Pennsylvania intermediate unit or any combination thereof.
* * * * * § 49.85. Limitations.
(a) The grade level limitations of instructional certificates shall be the following:
(1) Early childhood ([nursery] prekindergarten, kindergarten, grades one [to] through three or ages 3 to 8).
(2) Elementary (kindergarten, grades one [to] through six or ages [3 to] 4 through 11).
(3) Middle level (grades six [to] through nine or ages 11 [to 14] through 15).
(4) Secondary (grades seven [to] through 12, or ages 11 [to] through 21).
(5) Specialized areas ([kindergarten to] prekinder-garten through grade 12 or up to age 21).
(6) Special education (prekindergarten through grade 12 or up to age 21).
* * * * *
TEMPORARY TEACHING PERMITS § 49.90. Criteria for eligibility.
(a) The Department may make a one-time issuance of a Temporary Teaching Permit for service in a specific area of instruction for use in elementary, middle or secondary schools to applicants who, in addition to meeting the requirements of § 49.12 (relating to eligibility), present evidence of one of the following:
(1) For candidates prepared outside of this Commonwealth, met all requirements for an Instructional I certificate, with the exception of the Math/English course requirements under Chapter 354 (relating to preparation of professional educators).
(2) For candidates holding a credential issued by a Board-approved National alternative certification program, completed any ancillary requirements agreed upon by the Department and the credentialing authority.
(b) The Temporary Teaching Permit will be valid for 1 calendar year from the date of issuance.
(c) The Department will issue an Instructional I certificate when the prescribed courses or ancillary requirements are satisfied.
INTERN CERTIFICATES § 49.91. Criteria for eligibility.
(a) The Department may make a one-time issuance of an Intern Certificate for service in [approved] 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[, general knowledge] 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.
* * * * * (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 intensive supervision by an approved college/university in this Commonwealth.
(d) An Intern Certificate is valid for 3 years. This professional certificate may be issued only to an applicant who is a graduate of a 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. This certificate cannot be renewed.
§ 49.92. Term of validity.
The [intern certificate shall] Intern Certificate will be issued for the period of time necessary for the candidate to complete the approved intern program, but [in no case shall] this time period will not exceed 3 calendar years.
EDUCATIONAL SPECIALIST CERTIFICATES § 49.101. General.
The Department will issue [educational specialist certificates] Educational Specialist Certificates to persons whose primary responsibility [shall be] is to render professional service other than classroom teaching. The service shall be directly related to the personal welfare of the learner and may include service for the needs of other professional personnel working with learners. Candidates for [educational specialist certificates] Educational Specialist Certificates shall be able to help students achieve under Chapter 4 (relating to academic standards and assessment). Educational specialist certificates will be issued to candidates who meet the following standards:
* * * * * (7) The educational specialist plans professional services based upon knowledge of the professional field, students, the community and curriculum goals.
* * * * * § 49.102. Educational Specialist I.
(a) The Educational Specialist I Certificate [shall be] is valid for 6 years of service in public schools in this Commonwealth in each area for which it is endorsed. It may be converted to an Educational Specialist II Certificate in any endorsement area as provided in § 49.103 (relating to Educational Specialist II).
* * * * * § 49.103. Educational Specialist II.
The Educational Specialist II Certificate [shall] will be [a permanent certificate] issued to an applicant subject to the requirements of § 49.17(c) (relating to professional development) [issued to applicants] who has completed:
(1) [Have completed a] A Department-approved induction program.
(2) [Have completed 3] Three years of satisfactory service on an Educational Specialist I Certificate attested to by the chief school administrator of the approved public or nonpublic school entity in which the most recent service of the applicant was performed.
(3) [Have completed 24] Twenty-four credit hours of collegiate study, or its equivalent in [in-service courses] credits approved by the Department, [or a] credits from an intermediate unit, or any combination thereof.
[(4) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment).]
§ 49.104. College credit acceptable for renewal or conversion of Educational Specialist I Certificate.
* * * * * (b) Credits earned in programs designed to prepare for professional fields such as law, medicine[,] or theology, [unless] when relevant to the area of certification, will [not] be considered acceptable for purposes of renewing or converting the Educational Specialist I Certificate.
* * * * *
SUPERVISORY [CERTIFICATE] CERTIFICATES § 49.111. Supervisory Certificate.
(a) The Department will issue Supervisory Certificates for positions in the schools of this Commonwealth to persons who:
* * * * * (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 [certificated] certified professional [employes] employees.
* * * * * (5) Meet the following standards:
* * * * * (ii) The supervisor understands how all children learn and develop and configures resources to support the intellectual, social and personal growth of all students.
* * * * * (ix) The supervisor possesses knowledge and skills in observation of instruction and conducting conferences with professional staff which are intended to improve their performance and enhance the quality of learning experiences for all students.
* * * * * (b) A Supervisory Certificate for either Curriculum and Instruction or Pupil Personnel Services [shall] 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.
* * * * *
ADMINISTRATIVE CERTIFICATES § 49.121. Administrative Certificate.
(a) The Department will issue Administrative Certificates to persons who have had a minimum of 5 years of satisfactory professional [certificated] certified school experience and have completed an approved program of graduate study preparing the applicant to direct, operate, supervise[,] and administer the organizational and general educational activities of a school. Applicants shall be recommended by the preparing institution in which the graduate program was completed. Candidates for administrative certificates [must] shall be able to help students achieve under Chapter 4 (relating to academic standards and assessment).
* * * * *
Subchapter C. VOCATIONAL EDUCATION CERTIFICATION
GENERAL PROVISIONS § 49.132. Types of certificates.
[Four] Five basic types of certificates [shall] will be issued, as follows:
* * * * * (5) Vocational Substitute Permits.
VOCATIONAL INSTRUCTIONAL CERTIFICATES § 49.141. General.
* * * * * (b) The holder of a [vocational teaching certificate] Vocational Teaching Certificate may also teach the technical skills and knowledge of the holder's occupation in courses of comparable content provided in secondary school programs which have not been accorded State approval as vocational education programs under the conditions in the policies and standards of the Department. Candidates for [vocational instructional certificates] Vocational Teaching Certificates shall be able to help students achieve under Chapter 4 (relating to academic standards and assessment).
* * * * *
VOCATIONAL INTERN CERTIFICATES § 49.153. Vocational [emergency permit] Day-to-Day Substitute Permit.
(a) The chief school administrator or vocational school administrative director having jurisdiction over any approved Vocational Education program [shall be] is authorized to issue a special [emergency permit on a day-to-day basis] Day-to-Day Substitute Permit to an occupational practitioner when no properly [certificated] certified teachers are available. The teacher shall function under the supervision of a properly [certificated] certified supervisor or administrator. Assignments as described in this section shall be made only in case of an [extreme] emergency and may not exceed [15] 20-consecutive school days. This permit [shall] will be valid for [15] 20 days of substitute service and may be renewed for an additional [15] 20 school days upon the approval of the Secretary.
(b) This permit does not qualify the holder to serve as a regularly [elected teacher] employed teacher to fill a vacant position or as a long-term substitute. These positions shall be filled by a person holding a valid Vocational Instructional or a State-issued [Emergency] Long-term or Day-to-Day Substitute Permit. Reference should be made to § 49.32 (relating to [emergency cases] Exceptional Case Permits).
SUPERVISOR OF VOCATIONAL EDUCATION CERTIFICATE § 49.161. Supervisor of Vocational Education.
(a) The Department will issue a Supervisor of Vocational Education Certificate to a person who [shall have] has a minimum of 3 years satisfactory [certificated] certified vocational teaching experience and whose primary assignment will be [either or both] one or more of the following:
* * * * *
Subchapter D. OUT-OF-STATE APPLICANTS § 49.171. General requirements.
* * * * * (c) The Department may issue the comparable Pennsylvania Certificate to an applicant who, lacking institutional recommendation:
(1) Has been legally [certificated] certified by another state at a level comparable to the Pennsylvania certificate sought.
* * * * * § 49.172. Letter of eligibility.
(a) The Department will issue the appropriate letter of eligibility for consideration for appointment as a district superintendent or an assistant district superintendent to an applicant who [shall]:
(1) [Have done one of the following:
(i) Completed] Has completed a Pennsylvania-approved graduate level program of educational administrative study for the preparation of chief school administrators[.
(ii) Been] or been prepared through an out-of-State graduate level program equivalent to those approved in this Commonwealth.
(2) [Have] Has received the recommendation of the preparing institution for certification as a chief school, district level, administrator.
(3) [Have] Has provided evidence of 6 years of [teaching or other professionally certificated] certified service in the basic K-12 schools [3 years of which shall have been] and, for the superintendent's letter, including at least 3 years of satisfactory certified service in supervisory or administrative positions.
* * * * *
Subchapter E. COMMISSIONS AND CERTIFICATES FOR INTERMEDIATE UNITS § 49.182. Letter of eligibility.
(a) A letter of eligibility to serve as an intermediate unit executive director or assistant executive director will be issued in lieu of a certificate by the Department to a candidate who has [obtained or achieved]:
* * * * * [(3) Satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment).]
* * * * *
Subchapter F. LETTERS OF EQUIVALENCY FOR PAY PURPOSES § 49.191. Letters of Equivalency.
A Letter of Equivalency [shall] will be issued for salary purposes only, subject to the following terms and conditions:
(1) [The Letter of Equivalency for Master's Degree is issued to persons holding a valid Instructional I, Instructional II, Educational Specialist I, Educational Specialist II certificate or their equivalents, upon the accumulation of 36 hours of graduate level credit. A minimum of 18 academic graduate credits shall be earned in the content area of the applicant's primary teaching assignment at a college or university approved to offer graduate work. A maximum of 18 of the credit requirement may be satisfied through in-service programs approved by the Secretary of Education for meeting master's equivalency requirements.
(2) The Letter of Equivalency for Baccalaureate Degree is issued to holders of Vocational Instructional I, Vocational Instructional II or their equivalents upon the accumulation of 90 college credits. A minimum of 18 credit hours of the final 30 shall be earned at a State-approved baccalaureate degree granting institution. The remaining 12 may be satisfied, in full or in part, through in-service programs approved by the Secretary for meeting baccalaureate equivalency requirements.]
The Letter of Equivalency for Baccalaureate Degree is issued to holders of Vocational Instructional I, Vocational Instructional II or their equivalents upon the accumulation of 90 college credits. A minimum of 18 credit hours of the final 30 shall be earned at a State-approved baccalaureate degree granting institution. The remaining 12 may be satisfied, in full or in part, through in-service programs approved by the Secretary for meeting baccalaureate equivalency requirements.
(2) The Letter of Equivalency for Master's Degree is issued to persons holding a valid Instructional I, Instructional II, Educational Specialist I, Educational Specialist II certificate Vocational Instructional I, Vocational Instructional II, or their equivalents, upon the accumulation of 36 hours of graduate level credit. A minimum of 18 academic graduate credits shall be earned in the content area of the applicant's primary teaching assignment at a college or university approved to offer graduate work. A maximum of 18 of the credit requirement may be satisfied through in-service programs approved by the Secretary for meeting master's equivalency requirements.
[Pa.B. Doc. No. 05-1983. Filed for public inspection October 28, 2005, 9:00 a.m.]
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