CHAPTER 49. CERTIFICATION OF
PROFESSIONAL PERSONNEL
Subchap. Sec.
A. GENERAL PROVISIONS … 49.1
B. CERTIFICATION OF GRADUATES FROM COMMONWEALTH INSTITUTIONS … 49.71
C. CAREER AND TECHNICAL EDUCATION CERTIFICATION … 49.131
D. OUT-OF-STATE APPLICANTS … 49.171
E. COMMISSIONS AND CERTIFICATES FOR INTERMEDIATE UNITS … 49.181
F. LETTERS OF EQUIVALENCY FOR PAY PURPOSES … 49.191Authority The provisions of this Chapter 49 amended under Article II and sections 1109, 1141, 2603-B and 2604-B the Public School Code of 1949 (24 P.S. § § 12-1201—12-1268, 11-1109, 11-1141, 26-2603-B and 26-2604-B), unless otherwise noted.
Source The provisions of this Chapter 49 adopted October 6, 1972, effective October 7, 1972, 2 Pa.B. 1891, unless otherwise noted.
Cross References This chapter cited in 22 Pa. Code Chapter 4, Appendix C (relating to academic standards for civics and government and economics and geography and history); 22 Pa. Code § 6.51 (relating to certification); 22 Pa. Code § 36.4 (relating to curricula); 22 Pa. Code § 40.45 (relating to exception); 22 Pa. Code § 42.2 (relating to exception); 22 Pa. Code § 51.1 (relating to definitions); 22 Pa. Code § 51.34 (relating to certification for teachers); 22 Pa. Code § 51.52 (relating to curriculum requirements); 22 Pa. Code § 339.4 (relating to program approval); 22 Pa. Code § 339.41 (relating to certification); 22 Pa. Code § 403.4 (relating to highly qualified teachers); and 49 Pa. Code § 33.205b (relating to practice as a public health dental hygiene practitioner).
Subchapter A. GENERAL PROVISIONS
THE PROGRAM
Sec.
49.1. Definitions.
49.2. Inactivity and invalidity.
49.11. General.
49.12. Eligibility.
49.13. Policies.
49.14. Approval of institutions and alternative program providers.
49.15. Approval of experimental programs.
49.16. Approval of induction plans.
49.17. Continuing professional education.
49.18. Assessment.
PROFESSIONAL STANDARDS COMMITTEE
49.21. [Reserved].
49.22. [Reserved].
49.23. [Reserved].
49.24. [Reserved].
EMERGENCY, LONG-TERM AND DAY-TO-DAY
SUBSTITUTE PERMITS
49.31. Criteria for eligibility.
49.32. Exceptional case permits.
49.33. Expiration.
49.34. Locally-issued Day-to-Day Substitute Permits.
ADMINISTRATIVE COMMISSION
49.41. Description.
49.42. Letter of eligibility.
CHANGES IN CERTIFICATION
49.51. Review of certification.
49.52. Development of types/categories of certificates and development of their respective standards.
MISCELLANEOUS PROVISIONS
49.61. Teaching experience for out-of-State applicants.
49.62. Resource specialist permits.
49.62a. Program specialist certificate.
49.62b. Program endorsement certificate.
49.63. Applicants educated in foreign countries.
49.64. [Reserved].
49.64a. Authority to annul and reinstate certificates and discipline professional educators.
49.64b. [Reserved].
49.64c. [Reserved].
49.64d. [Reserved].
49.64e. Mandatory reports from schools.
49.64f. Publication of suspensions and revocations.
49.65. Out-of-State and Nationally-certified applicants.
49.66. Appeal procedure.
49.67. [Reserved].
49.68. Evaluation of prescribed requirements and standards.
49.69. Deletion of areas from certificates.
THE PROGRAM
§ 49.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Public School Code of 1949 (24 P.S. § § 1-101—27-2702).
Alternative program provider—A provider of accelerated post-baccalaureate preparation program, other than an institution of higher education, that has been approved by the Department in accordance with section 1207.1(a) of the act (24 P.S. § 12-1207.1(a)).
Approved educator preparation program—A sequence of courses and experiences, offered by a preparing institution or alternative program provider, that is reviewed and approved by the Department.
Articulation agreement—A formal agreement between two higher educational institutions, stating specific policies relating to transfer and recognition of academic achievement to facilitate the successful transfer of students without duplication of course work.
Assessment of basic skills—A measurement of a candidate’s ability to communicate orally and in writing and to demonstrate proficiency in fundamental computational skills.
Assessment of general knowledge—A measurement of a candidate’s knowledge in the fields of literature, mathematics, the sciences and social studies.
Assessment of professional knowledge and practice—A measurement of a candidate’s knowledge of educational theory, principles of human growth and development, educational psychology and other subjects directly related to educational practice and their application/demonstration in school settings.
Assessment of subject matter—A measurement of a candidate’s knowledge of an academic field or discipline to be taught in the public schools of this Commonwealth.
Baccalaureate degree—A conferred bachelor’s degree from an approved 4-year college or university.
Candidate—A person seeking certification in any of the areas outlined in this chapter.
Certificate—A document prepared and issued by the Department indicating that the holder has completed an approved professional preparation program and is qualified to perform specific professional duties.
Certified personnel—Professional employees, excluding school secretaries, as defined in section 1101 of the act (24 P.S. § 11-1101) or educators, or both, holding a comparable certificate from another state.
Chief school administrator—The superintendent, intermediate unit executive director, or equivalent private school administrator.
Collegiate studies—Studies pursued at institutions which are entitled to apply to themselves the designation of college or university as defined by 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries).
Commissioned officer—District superintendents and assistant district superintendents under section 1078 of the act (24 P.S. § 10-1078) regarding commissions and objections to election.
Community provider—A not-for-profit or for-profit organization that operates prekindergarten programs.
Continuing professional education—The formal acquisition of collegiate or in-service credits designed to improve and expand the expertise of professional personnel.
Core academic subject—Includes reading, language arts, mathematics, science, foreign languages, social studies and the arts.
Cultural awareness—Understanding, consideration and integration of individuals’ culture, language, heritage and experiences.
Culturally relevant and sustaining education (CR-SE)—Education that ensures equity for all students and seeks to eliminate systemic institutional racial and cultural barriers that inhibit the success of all students in this Commonwealth—particularly those who have been historically underrepresented. Culturally relevant and sustaining education encompasses skills for educators including, but not limited to, approaches to mental wellness, trauma-informed approaches to instruction, technological and virtual engagement, cultural awareness and emerging factors that inhibit equitable access for all students in this Commonwealth.
Day-to-day substitute permit—A permit issued for no longer than 20 consecutive days to fill a position due to the absence of professional certified personnel.
Degree-granting institution—A public college or technical institute which provides a 2 year, postsecondary college-parallel, terminal-general, terminal-technical, out-of-school youth or adult education program or a combination of these and which is established and operated under the act.
Diverse learner—A student who because of limited English language proficiency or disabilities may have academic needs that require varied instructional strategies to help the student learn.
Educational specialist—Professional certified personnel whose primary responsibility is to render professional service other than classroom teaching, such as dental hygienist, home and school visitor, instructional technology specialist, social restoration specialist, nutrition service specialist, elementary counselor, secondary counselor, school nurse and school psychologist.
Educator Discipline Act—24 P.S. § § 2070.1a—2070.18c.
Emergency permit—A permit issued to fill a vacancy resulting from resignation, termination, retirement, death or the creation of a new position.
Exceptional case permit—A permit issued to fill a vacancy due to exceptional conditions.
Historically underrepresented groups—Groups that are documented to have been represented across time in the educator population in proportions below their representation in the general population. These include, but are not limited to, people of color and the economically disadvantaged.
Inclusive setting—The placement of a diverse learner in a regular classroom setting.
Induction—A process by which a variety of professional support services are provided to newly employed teachers and educational specialists under the guidance of professional personnel to facilitate entry into the education profession.
Induction plan—A description of the induction process developed and submitted by the school entity to the Department for approval which describes how a teacher or educational specialist will be introduced to the teaching profession under this chapter.
Intern certificate—A professional certificate that entitles the holder to fill a full-time professional teaching position.
Invalid certificate—A certificate which no longer enables its holder to perform specific professional duties.
Long-term substitute permit—A permit issued for an indeterminate period to fill a position due to the absence of professional certified personnel.
Occupational competency credential—A document issued by the Occupational Competency Testing Examiners which signifies that the holder possesses knowledge and skill in a technical field at a journeyman level. When the document is presented to a preparing institution or to the Department, it may be registered by the Department on the holder’s vocational intern, vocational instructional or instructional certificate, and it enables the holder to teach that occupational specialty.
PSPC—Professional Standards and Practices Commission—A body composed of educators from the fields of basic and higher education, members of the general public and an ex officio member of the Board established by the Educator Discipline Act.
Permit—A document prepared and issued by the Department indicating that the holder is allowed to serve in lieu of a certified professional for a specified period of time.
Prekindergarten—A program operated by an early intervention agency as defined in § 14.101 (relating to definitions), school district or under contract from a school district that is open to children who are 3 years of age and who have completed the program prior to the school district’s entry age for kindergarten.
Preparing institution—A college or university that offers a program approved by the Department to prepare professional personnel for employment in the public schools.
Professional duties—A duty the performance of which is restricted to personnel by the scope of their certificate.
Professional ethics—The standards of behavior, values, and principles that inform and guide professional decision-making. These standards of behavior, values and principles include those detailed in the Pennsylvania Model Code of Ethics for Educators, as adopted by the Professional Standards and Practices Commission.
Satisfactory achievement—An acceptable level of performance as determined by the Secretary in consultation with the Board on the Department-prescribed assessments required in this chapter.
School entity—Public schools, school districts, intermediate units, area career and technical schools, charter schools, cyber schools and independent schools.
Structured literacy—Systematic, explicit instruction that provides a strong core of foundational skills in the language systems of English, integrates listening, speaking, reading, spelling, and writing and emphasizes the structure of language across the speech sound system (phonology), the writing system (orthography), the structure of sentences (syntax), the meaningful parts of words (morphology), the relationships among words (semantics), and the organization of spoken and written discourse.
Subject area—Specific areas of instructional content.
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.
Trauma-informed approaches to instruction—Pedagogy that recognizes the signs and symptoms of trauma and integrates knowledge about trauma for the purpose of promoting resiliency among students.
Authority The provisions of this § 49.1 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.1 adopted January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (329951) to (329952) and (376611).
§ 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 education).
(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, § 49.92, § 49.102, § 49.142 or § 49.152.
Authority The provisions of this § 49.2 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.2 adopted January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial page (312173).
§ 49.11. General.
(a) Certificates and letters of eligibility in force in this Commonwealth on September 25, 1999, shall continue in force, subject to all the terms and conditions under which they were issued and the act until they expire by virtue of their own limitations. For certificates or a letter of eligibility to remain active, every 5 years a professional educator shall satisfactorily complete the following:
(1) Six credits of collegiate study.
(2) Six credits of continuing professional education courses.
(3) One hundred eighty hours of continuing professional education courses, activities or learning experiences or any combination of collegiate studies, continuing professional education courses or other programs equivalent to 180 hours.
(b) State certificates and permits will be issued as provided in this chapter, and teachers and other professional personnel may not perform professional duties or services in the schools of this Commonwealth in any area for which they have not been properly certified or permitted.
(c) This chapter establishes the specific requirements for the certification and permitting of persons serving in the public school entities of this Commonwealth as professional employees, temporary professional employees, substitutes, and commissioned school administrators of the Commonwealth.
Authority The provisions of this § 49.11 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.11 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (312173) to (312174).
§ 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 certified or permitted to serve in the schools of this Commonwealth shall:
(1) Be of good moral character.
(2) Be at least 18 years of age.
(3) Except in the case of the Resource Specialist Permit, Career and Technical Emergency Permit, Career and Technical Instructional Intern Certificate, and Career and Technical Instructional Certificate, have earned a baccalaureate degree.
(4) For the purposes of certification, the Department will accept a conferred graduate degree from an accredited college or university in lieu of a baccalaureate degree.
Authority The provisions of this § 49.12 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.12 amended through September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (376612) and (329955).
Cross References This section cited in 22 Pa. Code § 49.90 (relating to criteria for eligibility). 22 Pa. Code § 49.91 (relating to criteria for eligibility); and 22 Pa. Code § 49.151 (relating to eligibility and criteria).
§ 49.13. Policies.
(a) The Board, through the Secretary, will provide standards for the guidance of the preparing institutions in educating professional personnel for the schools of this Commonwealth, all of which are to include accommodations and adaptations for diverse learners.
(b) The Department will have the following responsibilities with respect to certification and permitting of professional personnel in the schools of this Commonwealth:
(1) Provision of advisory services to college and school personnel in matters pertaining to educator preparation and certification.
(2) Designation of professional titles for personnel.
(3) Prescription of procedures for issuance of certificates and permits.
(4) Evaluation and approval of educator preparation programs leading to the certification and permitting of professional personnel.
(i) The evaluation by the Department will provide assurance that, on or before January 1, 2011, teacher education programs will require at least nine credits or 270 hours, or an equivalent combination thereof, regarding accommodations and adaptations for students with disabilities in an inclusive setting. Within the context of these nine credits or 270 hours, instruction in literacy skills development and cognitive skill development for students with disabilities must be included, as determined by the institution. At least three credits or 90 additional hours, or an equivalent combination thereof, must address the instructional needs of English language learners. For purposes of this requirement, one credit equals 30 hours of coursework. Applicable hours are limited to a combination of seat hours of classroom instruction, field observation experiences, major research assignments, and development and implementation of lesson plans with accommodations and adaptations for diverse learners in an inclusive setting.
(ii) The evaluation by the Department will provide assurance that educator preparation programs demonstrate the integration of culturally relevant and sustaining education and professional ethics throughout the preparation program.
(iii) The evaluation by the Department will provide assurance that educator preparation programs include instruction in structured literacy as part of programs that prepare candidates to earn an instructional certificate in Early Childhood, Elementary/Middle, Special Education (PK—12), English as a second language and Reading Specialist.
(iv) Program approval reviews shall be conducted by professional educators from basic and higher education.
(5) Registration of certified and permitted persons.
(6) Maintenance of records of all certificates and permits.
(7) Assurance that each professional person is properly certified or permitted for the specific position in which the professional person is employed.
(8) Review and investigation of alleged violations of this chapter.
(9) Prescription of procedures approved by the Board for the appraisal and evaluation of education and experience of applicants for any type of professional certification issued by the Department when the applicant has been denied certification and is prepared by institutions outside this Commonwealth or has appealed in accordance with guidelines approved by the Board in § 49.66 (relating to appeal procedure), a decision pertaining to eligibility for certification rendered by a Commonwealth institution having an approved program. The appellant initially shall have appealed to the institution.
(10) The issuance of administrative agency interpretative policies and directives relating to professional certification and staffing in the schools of this Commonwealth as may be necessary to carry out the intent of this chapter.
(11) Identification and approval of assessment tools, instruments and procedures to measure basic skills and general knowledge; professional knowledge and practice; and subject matter knowledge.
(12) Assurance that individual scores or measurements achieved on assessments instituted under § 49.18 (relating to assessment) are not released without the permission of the candidate or pursuant to subpoena or court order. The Department will inform the candidate by means of the candidate’s last known address when it has received a subpoena or court order.
(c) Except for applicants whose certification status is subject to subsection (b)(9) and § 49.171 (relating to general requirements), the Department will require that an applicant for a certificate shall have completed an approved preparation program and shall be recommended by the preparing institution or alternative program provider.
(d) The Department will have the right to review approved programs at any time. Major evaluations shall be conducted at 7-year intervals, by professional educators appointed by the Department in accordance with subsection (b)(4), to review process and content.
(e) The Department will accept the request of an institution to withdraw from an approved program. The Department will have the right to withdraw the approval of a program from an institution. New students may not be accepted in a program which has lost its approved status after the date of the action.
(f) The Department will prescribe procedures for evaluation of an applicant’s preparation in the event that application for a certificate is made after the program at a preparing college or university has closed or been discontinued.
Authority The provisions of this § 49.13 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.13 amended through September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (329955) to (329957).
Cross References This section cited in 22 Pa. Code § 49.15 (relating to approval of experimental programs).
Notes of Decisions Redesignation of Position
Professional employes hired to a position designated as such under provisions of 22 Pa. Code § 49.13 (relating to policies) may not be removed from such position by the mere redesignation of the position as nonprofessional by the school district. Charleroi Area School v. Secretary of Education, 334 A.2d 785 (Pa. Cmwlth. 1975). (See also dissenting opinion at 334 A.2d 785 (Pa. Cmwlth. 1975).)
§ 49.14. Approval of institutions and alternative program providers.
To be authorized to conduct programs that lead to certificates for professional positions, institutions and any of their off-campus centers as well as alternative program providers engaged in the preparation of educators shall meet the following requirements:
(1) Be approved as a baccalaureate or graduate degree granting institution or alternative program provider by the Department.
(2) Be evaluated and approved as an educator preparing institution or alternative program provider to offer specific programs leading to certification in accordance with procedures established by the Department.
(3) Report to the Department, for approval, all planned changes in previously approved programs. This report shall be made 90 days prior to the implementation of the planned changes.
(4) Follow Department prescribed standards developed from the following principles:
(i) Institutions and alternative program providers develop clear goals and purposes for each program, which shall include competencies, coursework and field experiences that address professional ethics, structured literacy (for programs that lead to certification in Early Childhood, Elementary/Middle, Special Education PK—12, English as a second language and Reading Specialist), and culturally relevant and sustaining education. The Department will identify these competencies and develop associated standards.
(ii) Institutions and alternative program providers are able to demonstrate how instructional and clinical activities provide educator candidates with the capacity to enable the achievement of all students, including diverse learners in an inclusive setting.
(iii) Institutions and alternative program providers are able to demonstrate that educator candidates have participated in instructional activities that enable the candidates to provide instruction to students to meet the provisions of Chapter 4 (relating to academic standards and assessment).
(iv) Institutions and alternative program providers are able to demonstrate that educator candidates successfully participate in sequential clinical experiences fully integrated within the instructional program as determined by the Secretary in consultation with the Board.
(v) Institutions and alternative program providers have clearly expressed standards for admission to, retention in and graduation from approved programs and can demonstrate recruitment and participation of students from historically underrepresented groups. Institutions and alternative program providers annually shall report on students admitted, retained, and graduated from their programs, including numbers from historically underrepresented groups.
(vi) Institutions and alternative program providers shall provide ongoing assessment of educator candidates’ knowledge, skills, dispositions and performance with which to identify needs for further study, certification assessment assistance or clinical experience or dismissal from the program.
(vii) Institutions and alternative program providers 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 and shall develop corrective action steps if identified as at-risk or low performing program providers as defined by the Department in accordance with section 207 of the Higher Education Act of 1965 (20 U.S.C.A. § 1022F(A)).
(viii) Institutions and alternative program providers, in partnership with local education agencies, provide a school-based experience integrating the teacher candidates’ knowledge, skills and dispositions in professional practice. This experience shall be fully supported by institutional faculty, including frequent observation, consultation with supervising teachers and opportunities for formative and summative evaluation.
(ix) Institutions and alternative program providers provide ongoing support for novice educators in partnership with local education agencies during their induction period, including observation, consultation and assessment.
(x) Institutions and alternative program providers supply evidence that an acceptable percentage of candidates applying for certification as determined by the Secretary and approved by the Board achieve at a satisfactory level on all assessments appropriate to initial certification in each program for which they are approved.
(5) Institutions and alternative program providers may enter into articulation agreements with community colleges that permit students to earn credits toward meeting the requirements of this chapter.
(6) Institutions shall comply with requirements set forth in the Federal Elementary and Secondary Education Act (20 U.S.C.A. § § 6301—7981) and the Federal Higher Education Act (20 U.S.C.A. § § 1001—1019d).
Source The provisions of this § 49.14 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (329957) to (329958).
Cross References This section cited in 22 Pa. Code § 49.15 (relating to approval of experimental programs).
§ 49.15. Approval of experimental programs.
The Department may enter into a written agreement with a preparing institution or alternative program provider wishing to conduct an experimental program. The institution and alternative program provider shall meet the requirements described in § § 49.13 and 49.14 (relating to policies; and approval of institutions and alternative program providers). Certification shall be given to graduates of an experimental program upon recommendation by the institution or alternative program provider if the provider 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.
Authority The provisions of this § 49.15 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.15 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (329958) and (382431).
§ 49.16. Approval of induction plans.
(a) Each school entity shall submit to the Department for approval a plan for a 2-year induction experience for first-year teachers (including teachers in prekindergarten programs, when offered) and educational specialists. Long-term substitutes who are hired for a position for 45 days or more also shall be included in a school entity’s induction plan and shall participate in an induction experience for the period of time in which they serve in that capacity. The induction plan shall be submitted every 6 years as required under § 4.13(b) (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 required by the school entity to participate in an induction program. A school entity shall make its induction plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school entity’s governing board and submission of the plan to the Department.
(b) The Department will establish guidelines and will review for approval induction plans submitted by school entities.
(c) Induction plan guidelines shall include professional ethics, and culturally relevant and sustaining education as determined by the Secretary.
(d) 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.
(e) Criteria for approval of the induction plans will be established by the Secretary in consultation with the Board and must include induction activities that focus on teaching diverse learners in inclusive settings.
Authority The provisions of this § 49.16 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.16 adopted January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended July 15, 2016, effective July 16, 2016, 46 Pa.B. 3815; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (382431) to (382432).
Cross References This section cited in 22 Pa. Code § 4.13 (relating to strategic plans); and 22 Pa. Code § 405.64 (relating to teacher induction plans and evaluations).
§ 49.17. Continuing professional education.
(a) As required under § 4.13(a) (relating to strategic plans), a school entity shall submit to the Secretary for approval a 3-year professional education plan every 3 years in accordance with the professional education guidelines established by the Secretary and section 1205.1 of the act (24 P.S. § 12-1205.1). A school entity shall make its professional education plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school entity’s governing board and submission of the plan to the Secretary.
(1) A school entity shall develop a continuing professional education plan, which includes options for professional development including, but not limited to, activities such as the following:
(i) Graduate level coursework.
(ii) Obtaining a professionally related master’s degree.
(iii) Department-approved in-service courses.
(iv) Curriculum development work.
(v) Attendance at professional conferences.
(2) The continuing professional education plan must define terms used including, but not limited to, the following:
(i) Professionally related graduate level coursework.
(ii) Professionally related master’s degree.
(iii) Curriculum development work.
(iv) Professional conferences.
(3) The continuing professional education plan shall be developed as specified in section 1205.1 of the act. The plan must describe the persons who developed the plan and how the persons were selected.
(4) The continuing professional education plan submitted to the Secretary shall be approved by both the professional education committee and the board of the school entity.
(5) The Secretary will promulgate guidelines which include a process for amending approved continuing professional education plans in accordance with the requirements for initial preparation of the plans. The guidelines will also outline allowable activities for credit earned under sections 1205.1 and 1205.2 of the act (24 P.S. § § 12-1205.1 and 1205.2) after July 1, 2006.
(6) The continuing professional education plan must include a section which describes how the professional education needs of the school entity, including those of diverse learners, and its professional employees are to be met through implementation of the plan. The plan must describe how professional development activities will improve language and literacy acquisition for all students, including the provision of training in structured literacy for professional employees who hold instructional certificates in Early Childhood, Elementary/Middle, Special Education PK—12, English as a second language and Reading Specialists. The plan must contribute to closing achievement gaps among students, and improve professional employees knowledge of professional ethics and culturally relevant and sustaining education.
(7) The continuing professional education plan must include a description of how the school entity will offer all professional employees opportunities to participate in continuing education focused on teaching diverse learners in inclusive settings.
(8) A school district that contracts with a community provider to operate a prekindergarten program shall address in the school district’s professional education plan how the school district will offer professional education opportunities to teachers in the community provider’s prekindergarten program.
(b) A commissioned officer who holds a Letter of Eligibility for Superintendent shall satisfy the requirements for continuing professional education through the completion of courses and credits approved by the Department to address the school leadership standards of section 1217 of the act (24 P.S. § 12-1217) in accordance with section 1205.5 of the act (24 P.S. § 12-1205.5) every 5 years.
(c) Certified personnel including school or system leaders defined in section 1205.5(g) of the act who fail to comply with the continuing professional education plan under subsection (a) or fail to complete the requirements of sections 1205.1, 1205.2 and 1205.5 of the act will have their certificates or Letter of Eligibility rendered inactive by the Department until the requirement is met. Certified personnel and school or system leaders whose certificate or Letter of Eligibility is rendered inactive shall have a right to appeal the action to the Secretary.
(d) School districts that employ certified personnel or commissioned officers with inactive certificates or commissions are subject to penalties provided for under section 2518 of the act (24 P.S. § 25-2518).
(e) Certified personnel are responsible for monitoring their own progress toward completing the requirements prescribed by sections 1205.1 and 1205.2 of the act and for notifying the Department of any changes to their home mailing address.
Authority The provisions of this § 49.17 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)); amended under section 1205.1 of the Public School Code of 1949 (24 P.S. § 12-1205.1).
Source The provisions of this § 49.17 adopted January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5324; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended July 15, 2016, effective July 16, 2016, 46 Pa.B. 3815; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (382432) to (382433).
Cross References This section cited in 22 Pa. Code § 4.13 (relating to strategic plans); 22 Pa. Code § 49.2 (relating to inactivity and invalidity); 22 Pa. Code § 49.103 (relating to Educational Specialist II); and 22 Pa. Code § 49.131 (relating to basic requirements for baccalaureate and nonbaccalaureate programs).
§ 49.18. Assessment.
(a) The Secretary will establish assessments for candidates for certification designed to assess their basic skills; professional knowledge and practice; and subject matter knowledge. Candidates for elementary, K—12 instructional, Special Education and Early Childhood Certificates shall also be assessed in the area of general knowledge. The following principles will guide the Secretary in the development of any assessment:
(1) Assessments will be based in the standards developed for each certificate.
(2) Assessments will measure the candidate’s abilities across the domains of basic skills knowledge, professional knowledge and practice, and subject matter knowledge employing a variety of measures at a minimum of three points:
(i) During the candidate’s preparation program.
(ii) Upon application for initial certification.
(iii) Upon application for Level II, supervisory or administrative certification.
(3) Assessments will be developed in consultation with teachers, administrators, teacher educators and educational specialists with relevant certification.
(4) Assessments will employ, when appropriate, available assessment tools, instruments and procedures.
(b) The Secretary, in consultation with the Board, will establish a satisfactory achievement level for any assessments in subsection (a).
(c) The assessments in basic skills will be given, and satisfactory achievement levels shall be reached, prior to formal entry into a certification preparation program in accordance with section 1207.3 of the act (24 P.S. § 12-1207.3). The assessments in general knowledge; professional knowledge and practice; and subject matter knowledge will be given, and satisfactory achievement levels shall be obtained, prior to the issuance of a certificate. Candidates who will complete all certification requirements at the post-baccalaureate level are not required to take and pass assessments in basic skills (See 24 P.S. § 12-1207.3).
(d) A periodic review of the assessments will be made by the Board every 5 years.
(e) The Department may issue additional subject areas to holders of Instructional (see § § 49.82 and 49.83 (relating to Instructional I; and Instructional II)) or Intern (see § 49.91 (relating to criteria for eligibility)) certification in related subject areas and who pass the appropriate subject matter testing components. All Special Education areas are excluded. The Department may identify other certification areas to be excluded from eligibility based on criteria established by the Secretary in consultation with the Board.
Authority The provisions of this § 49.18 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.18 adopted January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (382433) to (382434) and (329963).
Notes of Decisions Application
The testing requirements implemented pursuant to this regulation are applicable to a teacher who filed the appropriate paperwork with a preparing institution 2 days prior to the effectiveness of these regulations because the Department of Education did not receive the approval from the preparing institution until several weeks after the effectiveness of the regulation. The date the preparing institution received the application cannot be deemed the date the Department received it. Logsdon v. Department of Education, 671 A.2d 302 (Pa. Cmwlth. 1996).
Knowledge
A provisionally certified teacher was charged with the knowledge of the statutes and regulations regarding professional certification, and the teacher cannot rely on the failure of an academic advisor to inform the teacher of the Department of Education’s applicable testing requirements for permanent certification as a means to avoid compliance with them. Logsdon v. Department of Education, 671 A.2d 302 (Pa. Cmwlth. 1996).
Cross References This section cited in 22 Pa. Code § 49.13 (relating to policies); 22 Pa. Code § 49.42 (relating to letter of eligibility); 22 Pa. Code § 49.65 (relating to out-of-State and Nationally-certified applicants); 22 Pa. Code § 49.68 (relating to evaluation of prescribed requirements and standards); 22 Pa. Code § 49.82 (relating to Instructional I); 22 Pa. Code § 49.83 (relating to Instructional II); 22 Pa. Code § 49.86 (relating to accelerated program for Early Childhood and Elementary/Middle level Certificate holders); 22 Pa. Code § 49.102 (relating to Educational Specialist I); 22 Pa. Code § 49.111 (relating to Supervisory Certificate); 22 Pa. Code § 49.121 (relating to Administrative Certificate); 22 Pa. Code § 49.131 (relating to basic requirements for baccalaureate and nonbaccalaureate programs); 22 Pa. Code § 49.142 (relating to Career and Technical Instructional I); 22 Pa. Code § 49.143 (relating to Career and Technical Instructional II); 22 Pa. Code § 49.151 (relating to eligibility and criteria); and 22 Pa. Code § 49.163 (relating to Career and Technical Administrative Director).
PROFESSIONAL STANDARDS COMMITTEE
Source The provisions of these § § 49.21—49.24 reserved September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665. Immediately preceding text appears at serial pages (7382) and (24550).
§ 49.21. [Reserved].
§ 49.22. [Reserved].
§ 49.23. [Reserved].
§ 49.24. [Reserved].
EMERGENCY, LONG-TERM AND
DAY-TO-DAY SUBSTITUTE PERMITS
§ 49.31. Criteria for eligibility.
The Department may issue an emergency, Long-Term or Day-to-Day Substitute Permit for service in the public schools or an eligible provider setting as defined in § 405.2 (relating to definitions), at the request of the employing entity, to an applicant who is a graduate of a 4-year college or university to fill a vacant position or to serve as a long-term or day-to-day substitute teacher, when a fully qualified and properly certificated applicant is not available. The permit is issued on the basis of terms and conditions agreed upon between the requesting public school entity and the Department. Each July, the Department will report to the Board the number and nature of emergency, Long-Term and Day-to-Day Substitute Permits issued during that year. A long-term substitute permit may be issued only after the position has been posted a minimum of 10 days on the school entity’s web site and no qualified candidate has been identified.
Authority The provisions of this § 49.31 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.31 amended through September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (329963) to (329964).
Cross References This section cited in 22 Pa. Code § 49.34 (relating to issued Day-to-Day Substitute Permits).
§ 49.32. Exceptional Case Permits.
The Department may approve the issuance of an Exceptional Case Permit to a person at the request of a public school entity upon receiving evidence of exceptional conditions requiring Department resolution of the staffing problem.
Authority The provisions of this § 49.32 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.32 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. preceding text appears at serial pages (260808) to (260809).
Cross References This section cited in 22 Pa. Code § 49.34 (relating to locally issued Day-to-Day Substitute Permits).
§ 49.33. Expiration.
Emergency, 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, 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.
Authority The provisions of this § 49.33 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.33 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial page (260809).
Cross References This section cited in 22 Pa. Code § 49.1 (relating to definitions); and 22 Pa. Code § 49.2 (relating to inactivity and invalidity).
§ 49.34. Locally-issued Day-to-Day Substitute Permits.
(a) The chief school administrator of a public school entity is authorized to issue a Day-to-Day Substitute Permit for service as a substitute when the following conditions are met:
(1) The person for whom the permit is sought holds a valid Pennsylvania certificate or its equivalent from another state.
(2) An appropriately certified individual is not available to fill the substitute position.
(3) The person for whom the permit is sought consents to an assignment outside the area of the person’s certification.
(b) This permit shall be valid for 20 cumulative school days of service as a day-to-day substitute in each certificate area. If renewal is necessary, the chief school administrator may request, within 30 days of the person’s last day of service, issuance of a permit by the Department under § § 49.31 and 49.32 (relating to criteria for eligibility; and exceptional case permits).
(c) This permit will not qualify the holder to serve in a vacant position which must be filled by a temporary professional employee or professional employee or to serve as a substitute for a regularly appointed professional employee or temporary professional employee on an approved leave of absence. Issuance by the Department is used to qualify persons for this service.
(d) A permit may not be issued or used during a work stoppage.
(e) Emergency permits are available for a total of 3 consecutive years.
Authority The provisions of this § 49.34 issued under The Administrative Code of 1929 (71 P. S. § § 62, 118.1, 352, and 367—370).
Source The provisions of this § 49.34 adopted December 24, 1981, effective December 26, 1981, 11 Pa.B. 4437; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260809) to (260810).
Cross References This section cited in 22 Pa. Code § 49.1 (relating to definitions); and 22 Pa. Code § 49.2 (relating to inactivity and invalidity).
ADMINISTRATIVE COMMISSION
§ 49.41. Description.
(a) Administrative commissions will be issued by the Department, in the form of a certificate of appointment.
(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—10-1089).
Authority The provisions of this § 49.41 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.41 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227852).
§ 49.42. Letter of eligibility.
A letter of eligibility of an administrative commission 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:
(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 the achievement of all students.
(6) The administrator 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.
Source The provisions of this § 49.42 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260810) to (260811).
CHANGES IN CERTIFICATION
§ 49.51. Review of certification.
(a) The Department will report annually to the Board on the status of certification in this Commonwealth.
(b) The Board will conduct a major review of certification regulations at 10-year intervals.
Source The provisions of this § 49.51 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227852).
§ 49.52. Development of types/categories of certificates and development of their respective standards.
(a) The Secretary, the Board, and the Professional Standards and Practices Commission will receive requests to initiate a new type/category of certificate. Whenever any of these parties receives such a request it will inform the other two parties.
(b) An investigation into a cogent request for a new type/category of certificate will be conducted by the Department. 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 for a type/category of certificate and present their recommendations to the Board.
(d) If the Board does not disapprove or take any other action on the new type/category of certificate within 120 days of receiving an affirmative recommendation, the type/category of certificate will stand approved.
(e) If the proposed type/category is approved by the Board, the Secretary will appoint a committee of professionals to develop standards for preparing professionals in the type/category of certificate. This committee shall include at least two members of the Professional Standards and Practices Commission. Proposed standards shall not stipulate academic degrees, experience, or prerequisite certificates not established by this chapter. After the receipt of the proposed standards, the Secretary and the Professional Standards and Practices Commission will review the proposed standards and make recommendations to the Board. If the Board does not disapprove the new standards within 120 days of receiving an affirmative recommendation, the standards will stand approved.
Authority The provisions of this § 49.52 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.52 amended through September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260811) to (260812).
§ 49.53. Elimination or change of types/categories of certificates.
(a) The Secretary, the Board and the PSPC will receive requests to eliminate/change a type/category of certificate. When any of these parties receives such a request, it will inform the other two parties.
(b) The Department will conduct an investigation into a written request to eliminate/change a type/category of certificate. The PSPC on its own initiative may conduct an investigation.
(c) The Department and the PSPC will review the findings of the investigation regarding the need to eliminate/change a type/category of certificate and present their individual recommendations to the Board.
(d) If the Board does not disapprove or take any other action on the elimination or change of the type/category of certificate within 150 days of submission to the Board of a formal recommendation from either the Department or PSPC, the type/category of certificate will be considered eliminated/changed.
(e) In the case of the elimination of a type/category of certificate, once the elimination is approved by the Board, the Secretary will notify all institutions of higher education offering the programs that effective as of the date of notification no further students are to be accepted into the program. Students currently enrolled in the certification phase of the program will be given an opportunity to complete the program and degree or be provided an opportunity to switch to a different course of study.
Source The provisions of this § 49.53 adopted July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655.
MISCELLANEOUS PROVISIONS
§ 49.61. Teaching experience for out-of-State applicants.
The Department may accept satisfactory teaching experience, in lieu of the student teaching requirement, from out-of-state applicants for certification provided that the teaching experience is full time under contract in an approved public or nonpublic school at the elementary or secondary level on a certificate comparable to the Pennsylvania Level I certificate in the area of certification sought.
Authority The provisions of this § 49.61 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.61 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial page (260812).
§ 49.62. Resource Specialist Permits.
The Department may issue 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 in a course of study directed by a certified teacher. The service must be part-time and may not exceed 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. Individuals employed under these provisions are not considered professional staff.
Authority The provisions of this § 49.62 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.62 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260812) to (260813).
Notes of Decisions School districts are not required to change previously established educational programs, job descriptions or job qualifications in order to allow a more senior employee to apply for a program specialist certificate. Seniority should not be given preference over a pre-established professional position or educational program. Dilley v. Slippery Rock Area School District, 625 A.2d 153 (Pa. Cmwlth. 1993).
§ 49.62a. Program Specialist Certificate.
(a) The Department may issue a Program Specialist Certificate upon verification that the applicant meets the requirements established for that certificate.
(b) Program Specialist Certificates may be issued for a selected area of service when a certificate does not exist for that area. The certificates may be issued only to a person who holds a valid Pennsylvania certificate or its equivalent from another state. Annually, the Department will report to the Board the number and nature of these certificates issued during the year.
(c) Program Specialist Certificates are valid only for the position described in the approved position description and will be annotated on the teaching certificate of the individual. They will be valid throughout this Commonwealth.
Authority The provisions of this § 49.62a issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.62a amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial page (260813).
§ 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. The Program Endorsement Certificate documents knowledge in new and emerging areas where formal certification does not exist. The Program Endorsement Certificate is intended to improve a teacher’s skills in dealing with complex classroom settings, including teaching gifted students or diverse learners in areas such as assistive technology curriculum modification, autism spectrum disorders, assessment, gifted education, classroom management, classroom technology and disruptive youth. These endorsements would be added to existing Level I or Level II Certificates but are not required to perform service in these areas.
Authority The provisions of this § 49.62b amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).
Source The provisions of this § 49.62b adopted July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150. Immediately preceding text appears at serial page (320368).
§ 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.
(b) The Department may substitute competency examinations for transcript review in a case involving the loss of credentialing documents in a foreign country providing the applicant submits acceptable evidence that the applicant did, in fact, complete a teacher education program.
(c) The Department and its recommending institutions will insure that applicants educated in foreign countries or who are foreign nationals or resident aliens are proficient in speaking, reading and writing in the English language.
Authority The provisions of this § 49.63 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.63 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260813) to (260814).
§ 49.64. [Reserved].
Notes of Decisions The Secretary’s decision to impose experience conditions on the order of reinstatement for teaching and administrative positions was not capricious or an abuse of discretion and in accord with this section. Homer v. Department of Education, 458 A.2d 1059 (Pa. Cmwlth. 1983).
§ 49.64a. Authority to annul and reinstate certificates and discipline professional educators.
(a) A professional certificate or letter of eligibility obtained by fraud or mistake shall be considered void ‘‘ab initio’’ and shall be annulled by the Secretary. An annulment will not be effected without prior notice and hearing in accordance with reasonable procedures as the Secretary will prescribe, after review of and comment on the procedures by the Board.
(b) In accordance with the authority vested with the PSPC by the Educator Discipline Act, the Commission may discipline professional educators.
(c) In accordance with the authority vested with the PSPC by section 16 of the Teacher Certification Law (24 P.S. § 2070.16), the Commission may reinstate a professional educator’s certificate.
Source The provisions of this § 49.64a adopted August 3, 1973, 3 Pa.B. 1471; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (324957).
§ 49.64b. [Reserved].
Source The provisions of this § 49.64b adopted August 3, 1973, 3 Pa.B. 1471; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227857).
§ 49.64c. [Reserved].
Source The provisions of this § 49.64c adopted August 3, 1973, 3 Pa.B. 1471; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227857).
§ 49.64d. [Reserved].
Source The provisions of this § 49.64d adopted August 3, 1973, 3 Pa.B. 1471; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227858).
§ 49.64e. Mandatory reports from schools.
The chief school administrator or the administrator’s designee shall report to the Department dismissals, resignations to avoid dismissal for cause and criminal charges and convictions of educators on forms provided by the Department as follows:
(1) Within 30 days of employment termination, the name of any person who has been terminated and the cause for the employment termination.
(2) Within 30 days of learning that an educator has been charged or convicted of a crime involving moral turpitude or a crime set forth in section 111(e)(1) of the act (24 P. S. § 1-111(e)(1)), the name of the educator and information related to the conduct leading to the criminal matter.
(3) Within 60 days of receiving information constituting reasonable cause to believe that an educator caused physical injury to a student or child due to negligence, malice, or sexual abuse or exploitation, the name of the educator, and available relevant information.
Source The provisions of this § 49.64e adopted August 3, 1973, 3 Pa.B. 1471; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial page (304361).
§ 49.64f. Publication of suspensions and revocations.
The Secretary, or his designee, shall notify all chief state school officers of the states and territories of the United States and all chief school administrators and teacher preparing institutions of this Commonwealth of the names and social security numbers of persons whose teaching certificates or commissions are suspended or revoked, the period of suspension or revocation including effective date and the reason for such action.
Source The provisions of this § 49.64f adopted August 3, 1973, 3 Pa.B. 1471.
§ 49.65. Out-of-State and Nationally-certified applicants.
(a) The Department will issue the appropriate Commonwealth certificate to applicants who have:
(1) Graduated from a State approved out-of-State college or university whose educator preparation requirements are comparable to those of this Commonwealth.
(2) Completed the preparing institution’s preparation program.
(3) Received the recommendation of the preparing institution for the out-of-State certificate issued.
(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 out lined in the reciprocity agreement.
(c) Candidates certified by the National Board for Professional Teaching Standards will be granted the highest level certificate applicable.
(d) School psychologists certified by the National Association of School Psychologists will be granted the highest level certificate available for certification as a school psychologist.
(e) Candidates successfully completing other National teacher training programs that require a candidate to demonstrate mastery of the certification 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 of age and having a baccalaureate degree.
(f) Candidates holding a valid and current instructional, educational specialist, supervisory, or administrative certificate issued by another state may be eligible for comparable certification if the applicant has 2 years of successful classroom or school experience in the area for which State certification is sought and has achieved the qualifying score on the appropriate content area test required by the Commonwealth.
Source The provisions of this § 49.65 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; corrected January 12, 2007, effective September 2, 2006, 37 Pa.B. 209; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (324958) to (324960).
Cross References This section cited in 4 Pa. Code § 403.4 (relating to highly qualified teachers).
§ 49.66. Appeal procedure.
Applicants who have been denied certification may appeal for reconsideration of their case to the Department.
Cross References This section cited in 22 Pa. Code § 49.13 (relating to policies).
§ 49.67. [Reserved].
Source The provisions of this § 49.67 amended September 26, 1980, effective September 13, 1980, 10 Pa.B. 3782; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial pages (256379) to (256380).
Notes of Decisions Equivalency Certificates
When the regulations governing Master’s Degree Equivalency Certificates did not set requirements which were as rigorous as those for academically conferred degrees, the holder of a Master’s Degree Equivalency Certificate was not being paid ‘‘on the same basis as’’ the holder of a master’s degree. In re Lewisburg Area Education Association, 371 A.2d 568 (Pa. Cmwlth. 1977).
§ 49.68. Evaluation of prescribed requirements and standards.
Institutions of higher education within this Commonwealth with approved educator preparation programs are authorized to evaluate, equate, and accredit educational experience and background of candidates for meeting the specific requirements for certification. A candidate may not be recommended for certification until providing evidence of satisfactory achievement in the assessments under § 49.18 (relating to assessment).
Authority The provisions of this § 49.68 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.68 amended through January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (324960).
§ 49.69. Deletion of areas from certificates.
(a) Annually, between October 1 and December 31, a holder of a Commonwealth 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 5 years.
(2) The applicant is not a regularly employed full-time teacher.
(b) In all other cases, an applicant requesting the removal of any area for which the certificate is endorsed shall secure the approval of the employing school authority. If the approval is granted, the Department will delete the area from the certificate. If the approval is denied by the 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.
(c) A moratorium for requesting certification deletions shall exist from January 1 through September 30 of each year to allow schools the opportunity to plan for the assignment of their certified staffs in ensuing school year.
(d) All action by the Department to delete areas of certification shall be effective on the 30th day of June following receipt of the application to delete.
(e) Any area of certification deleted from a certificate under the provisions of this section shall be restored only after the person becomes eligible by subsequently meeting all laws, regulations, standards, policies, and procedures as are in effect at the time of application for recertification in the area previously deleted.
Authority The provisions of this § 49.69 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.69 adopted September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260817) to (260818).
Subchapter B. CERTIFICATION OF GRADUATES FROM
COMMONWEALTH INSTITUTIONS
GENERAL PROVISIONS Sec.
49.71. Basic requirements.
49.72. Categories of certificates and letters of eligibility.
49.73. [Reserved].
INSTRUCTIONAL CERTIFICATES
49.81. General.
49.82. Instructional I.
49.83. Instructional II.
49.84. Collegiate credit acceptable for conversion of the Instructional I Certificate.
49.85. Limitations.
49.86. Accelerated program for Early Childhood and Elementary/Middle Level Certificate holders.
TEMPORARY TEACHING PERMITS
49.90. Criteria for eligibility.
INTERN CERTIFICATES
49.91. Criteria for eligibility.
49.92. Term of validity.
EDUCATIONAL SPECIALIST CERTIFICATES
49.101. General.
49.102. Educational Specialist I.
49.103. Educational Specialist II.
49.104. College credit acceptable for conversion of Educational Specialist I Certificate.
49.105. Limitations.
SUPERVISORY CERTIFICATES
49.111. Supervisory Certificate.
49.112. [Reserved].
ADMINISTRATIVE CERTIFICATES
49.121. Administrative Certificate.
49.122. [Reserved].
GENERAL PROVISIONS
§ 49.71. Basic requirements.
Applicants for a certificate shall have completed, in addition to all legal requirements, a program of educator preparation approved by the Department and shall have the recommendation of the preparing institution.
Source The provisions of this § 49.71 amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (329968).
§ 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:
(1) Temporary Permit.
(2) Emergency and Substitute Permits.
(3) Intern Certificates.
(4) Instructional Certificates.
(5) Educational Specialist Certificates.
(6) Supervisory Certificate.
(7) Administrative Certificate.
(8) Program Specialist Certificate.
(9) Letters of Eligibility.
(10) Career and Technical Education Certificates.
(11) Exceptional Case Permits.
(12) Resource Specialist Permits.
(b) The Secretary annually will disseminate an approved list of official titles of all certificates and letters of eligibility which the Department has issued during the past fiscal year or proposes to issue in the ensuing year.
Authority The provisions of this § 49.72 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.72 amended through September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (329968).
§ 49.73. [Reserved].
Source The provisions of this § 49.73 reserved January 9, 1976, effective January 10, 1976, 6 Pa.B. 47.
INSTRUCTIONAL CERTIFICATES
§ 49.81. General.
(a) The Department will issue instructional certificates to persons whose primary responsibility is teaching. Candidates for instructional certificates shall be able to help students achieve under Chapter 4 (relating to academic standards and assessment).
(b) Instructional certificates will be issued to candidates who meet the following standards:
(1) The teacher understands the central concepts, tools of inquiry, and structures of the discipline the teacher teaches and can create learning experiences that make these aspects of subject matter meaningful for all students.
(2) The teacher understands how all children learn and develop, and can provide learning opportunities that support their intellectual, social, career and personal development.
(3) The teacher understands how students differ in their ability and approaches to learning and creates opportunities that foster achievement of diverse learners in the inclusive classroom.
(4) The teacher understands and uses a variety of instructional strategies, including interdisciplinary learning experiences, to encourage students’ development of critical thinking, problem solving and performance skills.
(5) The teacher uses an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning and self-motivation.
(6) The teacher uses knowledge of effective verbal, nonverbal and media communication techniques supported by appropriate technology to foster active inquiry, collaboration and supportive interaction in the classroom.
(7) The teacher plans instruction based upon knowledge of subject matter, students, the community and curriculum goals.
(8) The teacher understands and uses formal and informal assessment strategies to evaluate and ensure the continuous intellectual, social and physical development of the learner.
(9) The teacher thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks out opportunities to grow professionally.
(10) The teacher contributes to school effectiveness by collaborating with other professionals and parents, by using community resources, and by working as an advocate to improve opportunities for student learning.
Source The provisions of this § 49.81 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227863).
§ 49.82. Instructional I.
(a) The Instructional I Certificate is valid for 6 years of teaching in public schools or in eligible provider settings (as defined in § 405.2 (relating to definitions)) 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).
(b) The Instructional I Certificate will be issued to applicants who:
(1) Possess a baccalaureate degree.
(2) Present evidence of successful completion of a Department-approved teacher preparation program.
(3) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment).
(4) Receive recommendation for certification from the preparing college or university or alternative program provider.
Authority The provisions of this § 49.82 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.82 amended through January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (404330).
Notes of Decisions The three-year period of validity of Instructional I Certificate is three years of active teaching rather than three calendar years from the date of its issue. Pointek v. Elk Lake School District, 360 A.2d 804 (Pa. Cmwlth. 1976).
Cross References This section cited in 22 Pa. Code § 49.1 (relating to definitions); 22 Pa. Code § 49.2 (relating to inactivity and invalidity); and 22 Pa. Code § 49.18 (relating to assessment).
§ 49.83. Instructional II.
The Instructional II Certificate will be issued to an applicant who has completed:
(1) A Department-approved 2-year induction program.
(2) Three years of satisfactory teaching on an Instructional 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) Twenty-four credit hours of collegiate study or its equivalent in credits from the Department, a Pennsylvania intermediate unit or any combination thereof. The Department will publish a ‘‘Certification and Staffing Policy Guideline’’ that establishes up to the equivalent of six specific course credit hour requirements for each new Instructional I Certificate issued by the Department after September 22, 2007.
(4) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment).
Authority The provisions of this § 49.83 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.83 amended through January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (404330) to (404331).
Cross References This section cited in 22 Pa. Code § 49.18 (relating to assessment); 22 Pa. Code § 49.82 (relating to Instructional I); and 22 Pa. Code § 405.64 (relating to teacher induction plans and evaluations).
§ 49.84. Collegiate credit acceptable for conversion of the Instructional I Certificate.
(a) College credit acceptable for conversion to the Instructional II Certificate shall be earned at a State-approved associate degree-granting institution, baccalaureate or graduate degree granting institution.
(b) Credits earned in programs designed to prepare for professional fields such as law, medicine or theology, when relevant to the area of certification, will be considered acceptable for purposes of renewing or converting the Instructional I Certificate.
(c) Credits shall be earned subsequent to the conferring of the baccalaureate degree. Graduate credits earned prior to obtaining the Instructional I Certificate are considered acceptable for purposes of converting the Instructional I Certificate.
Source The provisions of this § 49.84 amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (404331).
§ 49.85. Limitations.
(a) Instructional certificates issued before January 1, 2013, remain valid for the term of the certificate for the grade spans and age levels outlined in items paragraphs (1)—(6). For instructional certificates issued before January 1, 2013, the grade level limitations shall be the following:
(1) Early childhood (prekindergarten, kindergarten, grades one through three or ages 3 through 8).
(2) Elementary (kindergarten, grades one through six or ages 4 through 11).
(3) Middle level (grades six through nine or ages 11 through 15).
(4) Secondary (grades seven through twelve or ages 11 through 21).
(5) Specialized areas (prekindergarten through grade 12 or up to age 21).
(6) Special education (prekindergarten through grade 12 or up to age 21).
(b) For instructional certificates issued on or after January 1, 2013, the grade level limitations shall be the following:
(1) Early Childhood (prekindergarten, kindergarten, grades one through four or ages 3 through 9).
(2) Elementary/Middle (grades four through eight or ages 9 through 14). Elementary/Middle Certificates permit instruction in any subject in grades four, five and six and in a core academic subject or subjects in grades seven and eight.
(3) Secondary (grades seven through twelve or ages 11 through 21).
(4) Specialized Areas (prekindergarten through grade twelve or up through age 21).
(5) Special Education—PK—8 (prekindergarten through grade eight (ages 3 through 14)). Applicants for this certificate shall also obtain certification in one of the following certificates:
(i) Early Childhood—in accordance with paragraph (1).
(ii) Elementary/Middle—in accordance with paragraph (2).
(iii) Reading Specialist—in accordance with paragraph (4).
(6) Special Education—7—12 (grades seven through twelve (ages 11 through 21)). Applicants for this certificate shall also obtain certification in one of the following certificates:
(i) Secondary—in accordance with paragraph (3).
(ii) Reading Specialist—in accordance with paragraph (4).
(7) Special Education Hearing Impaired, Visually Impaired and Speech/Language Impaired Certificates (prekindergarten, kindergarten, grades one through twelve or ages 3 through 21).
(c) Instructional certificates issued beginning January 1, 2013, through December 31, 2021, remain valid for the term of the certificate for the grade spans and age levels outlined in subsection (b) paragraphs (1)—(7).
(d) For instructional certificates issued on or after January 1, 2022, the grade level limitations shall be the following:
(1) Early Childhood (prekindergarten, kindergarten, grades one through four or ages 3 through 9).
(2) Elementary/Middle (grades four through eight or ages 9 through 14). Elementary/Middle Certificates permit instruction in any subject in grades four, five and six and in a core academic subject or subjects in grades seven and eight.
(3) Secondary (grades seven through twelve or ages 11 through 21).
(4) Specialized areas (prekindergarten through grade twelve or up through age 21).
(5) Special Education PK—12 (prekindergarten through grade 12 or under 21 years of age). Applicants for this certificate are not required to obtain any additional certificates.
(6) Special Education Hearing Impaired, Visually Impaired and Speech/Language Impaired Certificates (prekindergarten, kindergarten, grades one through twelve or a person 3 years of age and a person under the age of 21).
(e) The decision about staffing based on age or grade level rests with the school entity.
(f) The Secretary may grant exceptions to the grade and age level limitations between Early Childhood (subsection (b)(1)), Elementary/Middle (subsection (b)(2)), Special Education—PK—8 (subsection (b)(5)) and Special Education—7—12 (subsection (b)(6)) for individual teachers on a case-by-case basis. The school entity shall submit a written request to the Secretary that provides justification for the exception. The Secretary will set a time limit for each individual exception granted. The Secretary will issue guidelines that outline the circumstances under which exceptions will be granted.
(g) When a school district contracts with a community provider for the provision of prekindergarten services, prekindergarten teachers providing the services shall possess a certificate in early childhood as provided in subsection (a)(1) or subsection (b)(1) within the following time frame:
(1) For contracts in place prior to September 22, 2007, September 24, 2012.
(2) For first-time contracts, 5 years from the start of services.
(h) The Secretary may grant exceptions in response to shortages of certified personnel that apply Statewide to specific provisions of this section when it is necessary to facilitate transition to the revised provisions scheduled to become effective on January 1, 2022. Exceptions may be granted under the following conditions:
(1) The Secretary will provide a written certification to the Board that includes relevant information and justification of the need for the exception. If the Board does not disapprove the exception within 90 days of receipt of the certification, the exception will stand approved.
(2) The exception will be valid for a limited term not to exceed 3 years.
(3) The Secretary will report annually to the Board on the nature and status of exceptions made under this section.
Source The provisions of this § 49.85 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 22, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (404331) to (404332) and (372243).
Notes of Decisions Preschool
A teacher who teaches preschool, special education classes administered by the Intermediate Unit and the Department of Education is covered by the certification provisions of this section and is entitled to use her previous 2 years in the preschool program for the purpose of obtaining the status of professional employe based merely upon having taught in a preschool environment. Haibach v. Northwest Tri-County Intermediate Unit No. 5, 471 A.2d 914 (Pa. Cmwlth. 1984).
Cross References This section is cited in 22 Pa. Code § 4.20 (relating to prekindergarten education).
§ 49.86. Accelerated program for Early Childhood and Elementary/Middle Level Certificate holders.
(a) The Department will establish standards consistent with the criteria outlined in subsection (d) for an accelerated program for Early Childhood and Elementary/Middle Level Certificate holders to be effective January 1, 2013.
(b) Early Childhood Instructional I or Instructional II Certificate holders may add the Elementary/Middle Level I Certificate through the successful completion of a Department approved accelerated program of study offered by an approved Commonwealth institution.
(c) Elementary/Middle Level Instructional I or Instructional II Certificate holders may add the Early Childhood Instructional I Certificate through the successful completion of a Department approved accelerated program of study offered by an approved Commonwealth institution.
(d) Accelerated programs must include appropriate level academic content aligned with State academic standards, child development and instructional practice appropriate for the developmental level covered by the certificate. Applicants shall demonstrate subject matter knowledge by passing the appropriate assessment under § 49.18 (relating to assessment).
Source The provisions of this § 49.86 adopted September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (372243) to (372244).
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), hold a credential issued by a Board-approved National alternative certification program and 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.
Source The provisions § 49.90 adopted July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (372244).
INTERN CERTIFICATES
§ 49.91. Criteria for eligibility.
(a) The Department may make a one-time issuance of an Intern Certificate for service in a specific area of instruction for use in elementary, middle and secondary schools to applicants who, in addition to meeting the requirements of § 49.12 (relating to eligibility), present evidence of satisfactory achievement on Department-prescribed assessments of basic skills and subject matter tests; are enrolled in and have completed appropriate professional education courses in an approved intern program, which may include an induction; and are recommended for certificates by the institution holding approval. Candidates for Elementary, K-12 Instructional and Early Childhood Certificates shall also be assessed in the area of general knowledge.
(b) The applicant will be issued an Instructional I Certificate upon completion of the approved intern program and satisfactory achievement on the assessment of professional knowledge and practice.
(c) Intern Certificate programs must provide flexible and accelerated pedagogical training to teachers who have demonstrated competency in a certification area, provided that the first year of teaching includes a minimum of one classroom observation each month by an approved college/university in this Commonwealth.
(d) An Intern Certificate is valid for 3 years of service. This professional certificate may be issued only to an applicant who is a graduate of an accredited 4-year college or university. During the first year, the applicant shall complete all tests, enroll in an authorized program and complete a minimum of nine credits per year. The certificate requires continuing enrollment in a State-approved teacher intern program. This certificate cannot be renewed.
Authority The provisions of this § 49.91 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.91 amended through January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; corrected October 8, 1999, effective October 9, 1999, 29 Pa.B. 5289; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (372244) to (372245).
Cross References This section cited in 22 Pa. Code § 49.18 (relating to assessment); and 22 Pa. Code § 403.4 (relating to highly qualified teachers).
§ 49.92. Term of validity.
The Intern Certificate will be issued for the period of time necessary for the candidate to complete the approved intern program, but this time period will not exceed 3 years of service.
Source The provisions of this § 49.92 amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (372245).
Cross References This section cited in 22 Pa. Code § 49.1 (relating to definitions); 22 Pa. Code § 49.2 (relating to inactivity and invalidity); and 22 Pa. Code § 403.4 (relating to highly qualified teachers).
EDUCATIONAL SPECIALIST CERTIFICATES
§ 49.101. General.
The Department will issue Educational Specialist Certificates to persons whose primary responsibility 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 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:
(1) The educational specialist understands the central concepts, structures and delivery styles of the professional area in which the educational specialist practices and can foster learning experiences for all students.
(2) The educational specialist understands how all children learn and develop, and can contribute to the provision of learning opportunities that support their intellectual, social, career and personal development.
(3) The educational specialist understands how students differ in their ability and approaches to learning and creates opportunities that are adapted to diverse learners.
(4) The educational specialist understands and uses a variety of professional strategies to encourage students’ development of critical thinking, problem solving and performance skills.
(5) The educational specialist uses an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning and self-motivation.
(6) The educational specialist uses knowledge of effective verbal, nonverbal, and media communication techniques supported by appropriate technology to foster active inquiry, collaboration, and supportive interaction in and out of the classroom.
(7) The educational specialist plans professional services based upon knowledge of the professional field, students, the community and curriculum goals.
(8) The educational specialist understands and uses formal and informal assessment strategies to evaluate and ensure the continuous intellectual, social and physical development of the learner.
(9) The educational specialist thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks out opportunities to grow professionally.
(10) The educational specialist contributes to school effectiveness by collaborating with other educators and parents, by using community resources, and by working as an advocate for change to improve opportunities for student learning.
Source The provisions of this § 49.101 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (295074) and (260825).
Cross References This section cited in 22 Pa. Code § 19.3 (relating to nonteaching professional employee effectiveness rating tool).
§ 49.102. Educational Specialist I.
(a) The Educational Specialist I Certificate 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).
(b) The Educational Specialist I Certificate will be issued to applicants who:
(1) Present evidence of successful completion of a Department-approved educational specialist preparation program or its equivalent.
(2) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment).
(3) Receive recommendation for certification from a college or university if completing a Department-approved educational specialist preparation program.
Authority The provisions of this § 49.102 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.102 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial page (260825).
Cross References This section cited in 22 Pa. Code § 19.3 (relating to nonteaching professional employee effectiveness rating tool); 22 Pa. Code § 49.1 (relating to definitions); and 22 Pa. Code § 49.2 (relating to inactivity and invalidity).
§ 49.103. Educational Specialist II.
The Educational Specialist II Certificate will be issued to an applicant subject to the requirements of § 49.17(c) (relating to professional development) who has completed:
(1) A Department-approved induction program.
(2) 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) Twenty-four credit hours of collegiate study or its equivalent in credits approved by the Department, credits from an intermediate unit, or any combination thereof.
Authority The provisions of this § 49.103 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.103 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260825) to (260826).
Cross References This section cited in 22 Pa. Code § 19.3 (relating to nonteaching professional employee effectiveness rating tool); and 22 Pa. Code § 49.102 (relating to Educational Specialist I).
§ 49.104. College credit acceptable for conversion of Educational Specialist I Certificate.
(a) College credit acceptable for conversions to the Educational Specialist II shall be earned at a State-approved baccalaureate or graduate degree granting institution.
(b) Credits earned in programs designed to prepare for professional fields such as law, medicine or theology, when relevant to the area of certification, will not be considered acceptable for purposes of converting the Educational Specialist I Certificate.
(c) Credits shall be earned subsequent to the conferring of the baccalaureate degree. Graduate credits earned prior to obtaining the Educational Specialist I Certificate are considered acceptable for purposes of converting the Educational Specialist I Certificate.
Source The provisions of this § 49.104 amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (372248).
Cross References This section cited in 22 Pa. Code § 19.3 (relating to nonteaching professional employee effectiveness rating tool).
§ 49.105. Limitations.
The grade level limitations of educational specialist certificates shall be specified in the standards stated for the respective preparation programs of certification.
Source The provisions of this § 49.105 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (256383).
Cross References This section cited in 22 Pa. Code § 19.3 (relating to nonteaching professional employee effectiveness rating tool).
SUPERVISORY CERTIFICATES
§ 49.111. Supervisory Certificate.
(a) The Department will issue Supervisory Certificates for positions in the schools of this Commonwealth to persons who:
(1) Have completed 5 years of satisfactory certified experience in the area in which the Supervisory Certificate is sought.
(2) Have completed an approved graduate or approved alternative program preparing the applicant for the responsibilities of supervising in the program area and of directing the activities of certified professional employees.
(3) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a) (relating to assessment).
(4) Are able to help students achieve under Chapter 4 (relating to academic standards and assessment).
(5) Meet the following standards:
(i) The supervisor understands the central concepts of organizational leadership, tools of research and inquiry and principles of teaching and learning that make supervision effective and efficient.
(ii) The supervisor understands how all children learn and develop and configures resources to support the intellectual, social and personal growth of all students.
(iii) The supervisor knows and understands effective instructional strategies and encourages and facilitates employment of them by teachers.
(iv) The supervisor uses an understanding of individual and group motivation to create a professional development environment that engages teachers to develop and apply effective instructional techniques for all students.
(v) The supervisor is an effective communicator with various school communities.
(vi) The supervisor organizes resources and manages programs effectively.
(vii) The supervisor understands and uses formative and summative assessment strategies to gauge effectiveness of people and programs on student learning.
(viii) The supervisor understands the process of curriculum development, implementation and evaluation and uses this understanding to develop high quality curricula for student learning in collaboration with teachers, administrators, parents and community members.
(ix) The supervisor possesses knowledge and skills in observation of instruction and conducting conferences with professional staff that are intended to improve their performance and enhance the quality of learning experiences for all students.
(x) The supervisor thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks out opportunities to grow professionally.
(xi) The supervisor contributes to school effectiveness by collaborating with other professionals and parents, by using community resources, and by working as an advocate to improve opportunities for student learning.
(b) Notwithstanding the requirements of subsection (a), and excluding Special Education Supervisory Certification, the Department may issue additional Supervisory Certificate areas to individuals who already hold a valid State Supervisory Certificate if they demonstrate competency in the requested supervisory area by one of the following:
(1) complete 12 Department-approved credits of collegiate study in the supervisory area sought, or
(2) achieve a passing score on the applicable content test.
(c) For Supervisory Certificates issued under paragraph (b), 5 years of service in the area is not required.
(d) A Supervisory Certificate for either Curriculum and Instruction or Pupil Personnel Services will be issued to persons who:
(1) Have 5 years of satisfactory professional certified service in the school program area for which the comprehensive certificate is sought.
(2) Have completed an approved graduate or approved alternative program preparing the applicant for the broad area, districtwide supervisory functions specified by the endorsement area of the certificate.
(3) Present evidence of satisfactory achievement in assessments prescribed by the Department under § 49.18(a).
Authority The provisions of this § 49.111 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.111 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (372249) to (372251).
Notes of Decisions Professional Employee
Person who had been certificated as a teacher but not as a supervisor and who wished to contest her ‘‘demotion’’ from a supervisory position to a teaching assignment was not a ‘‘professional employee’’ for purposes of requiring a hearing under section 1151 of the Public School Code of 1949 (24 P. S. § 11-1151). School District of Philadelphia v. Brockington, 511 A.2d 944 (Pa. Cmwlth. 1986); appeal denied 523 A.2d 1132 (Pa. 1987).
Cross References This section cited in 22 Pa. Code § 19.3 (relating to nonteaching professional employee effectiveness rating tool); 22 Pa. Code § 49.161 (relating to Supervisor of Career and Technical Education); and 22 Pa. Code § 49.163 (relating to Career and Technical Administrative Director).
§ 49.112. [Reserved].
Notes of Decisions Person who had been certificated as a teacher but not as a supervisor and who wished to contest her ‘‘demotion’’ from a supervisory position to a teaching assignment was not a ‘‘professional employee’’ for purposes of requiring a hearing under section 1151 of the Public School Code of 1949 (24 P. S. § 11-1152). School District of Philadelphia v. Brockington, 511 A.2d 944 (Pa. Cmwlth. 1986); appeal denied 523 A.2d 1132 (Pa. 1987).
Source The provisions of this § 49.112 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (256384).
ADMINISTRATIVE CERTIFICATES
§ 49.121. Administrative Certificate.
(a) The Department will issue Administrative Certificates to persons who have a minimum of 3 years of satisfactory instructional or student support experience completed in a public or private PK—12 school or accredited institution of higher education and have completed an approved program of graduate study, approved alternative program, or completed the alternative route in accordance with section 1207.1(d) of the act (24 P.S. § 12-1207.1(d)) 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 or alternative program provider in which the program was completed. Candidates for Administrative Certificates shall be able to help students achieve under Chapter 4 (relating to academic standards and assessment).
(b) Certificates may be issued for any administrative area for which program approval has been granted by the Department.
(c) The Department will issue Administrative Certificates to persons who present evidence of satisfactory achievement on assessments prescribed by the Department under § 49.18(a) (relating to assessment).
(d) The Department will issue Administrative Certificates to persons who meet the following standards:
(1) The administrator demonstrates instructional leadership which provides purpose and direction for the achievement of all students.
(2) The administrator demonstrates the organizational skills to implement plans of action efficiently and effectively for student achievement.
(3) The administrator, in collaboration with students, faculty, staff and parents, creates a school climate that fosters student achievement.
(4) The administrator gathers information from, and communicates effectively to students, faculty, parents, staff and the community to facilitate student achievement.
(5) The administrator understands the importance of a clear, detailed vision and an explicitly stated philosophy in shaping a coherent curriculum and in fostering an effective school.
(6) The administrator makes systematic use of data to assess the needs and accomplishments of students, faculty and staff.
(7) The administrator thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship, and actively seeks out opportunities to grow professionally.
Source The provisions of this § 49.121 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (372251) to (372252).
Notes of Decisions Experience Requirements Mandatory
Applicant was not entitled to administrative certificate as secondary principal pursuant to experience requirements established by the Department of Education which is authorized to issue administrative agency interpretative policies and directives. Davenport v. Department of Education, 850 A.2d 802, 803 (Pa. Cmwlth. 2004)
Cross References This section cited in 22 Pa. Code § 19.3 (relating to nonteaching professional employee effectiveness rating tool); and 22 Pa. Code § 49.163 (relating to Career and Technical Administrative Director).
§ 49.122. [Reserved].
Source The provisions of this § 49.122 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227869).
Subchapter C. CAREER AND TECHNICAL EDUCATION CERTIFICATION
GENERAL PROVISIONS Sec.
49.131. Basic requirements for baccalaureate and nonbaccalaureate programs.
49.132. Types of certificates.
49.133. Levels of certification.
CAREER AND TECHNICAL INSTRUCTIONAL CERTIFICATES
49.141. General.
49.142. Career and Technical Instructional I.
49.143. Career and Technical Instructional II.
CAREER AND TECHNICAL INTERN CERTIFICATES
49.151. Eligibility and criteria.
49.152. Term of validity.
49.153. Career and Technical Day-to-Day Substitute Permit.
SUPERVISOR OF CAREER AND TECHNICAL EDUCATION CERTIFICATE
49.161. Supervisor of Career and Technical Education.
49.162. [Reserved].
CAREER AND TECHNICAL ADMINISTRATIVE DIRECTOR CERTIFICATE
49.163. Career and Technical Administrative Director.
49.164. [Reserved].
GENERAL PROVISIONS
§ 49.131. Basic requirements for baccalaureate and nonbaccalaureate programs.
(a) Applicants for a certificate shall have completed, in addition to all legal requirements, a program of educator preparation approved by the Department and shall have received the recommendation of the preparing institutions or alternative program provider.
(b) Preparation in general education, special education, professional education and specialized studies shall be in accordance with standards established by the Department.
(c) Applicants shall present evidence of satisfactory achievement on assessments required in § 49.18 (relating to assessment).
(d) Professional personnel shall present evidence of compliance with § 49.17 (relating to continuing professional development).
Authority The provisions of this § 49.131 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.131 amended January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (372253) to (372254).
Notes of Decisions General Comments
This regulation is simply a reflection of an administrative policy aimed at reducing incomplete and/or fraudulent applications for teacher certification and cannot be used as a basis for inferring an agency relationship. The Department of Education has not delegated any of its certification responsibilities to the preparing institutions which are responsible for the education of teachers; the Department has only implemented a policy aimed at reducing the number of incomplete applications. Logsdon v. Department of Education, 671 A.2d 302 (Pa. Cmwlth. 1996).
§ 49.132. Types of certificates.
Five basic types of certificates will be issued, as follows:
(1) Career and Technical Instructional Intern.
(2) Career and Technical Instructional.
(3) Supervisor of Career and Technical Education.
(4) Career and Technical Administrative Director.
(5) Vocational Career and Technical Substitute Permits.
Authority The provisions of this § 49.132 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.132 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (372254).
§ 49.133. Levels of certification.
Career and Technical Instructional Certificates shall be issued for the following levels of qualifications:
(1) Level I (Provisional).
(2) Level II (Permanent).
Authority The provisions of this § 49.133 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.133 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (372254).
CAREER AND TECHNICAL INSTRUCTIONAL CERTIFICATES
§ 49.141. General.
(a) The Department will issue Career and Technical Instructional Certificates to persons whose primary responsibility is teaching occupational skills in State approved career and technical education programs in the public schools of this Commonwealth. The certificates will be valid for teaching in any career and technical or technical area for which the holder has registered his occupational competency credential with the Department in the manner prescribed by the Department.
(b) The holder of a Career and Technical 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 career and technical education programs under conditions in the policies and standards of the Department. Candidates for Career and Technical Teaching Certificates shall be able to help students achieve under Chapter 4 (relating to academic standards and assessment).
Authority The provisions of this § 49.141 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.141 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (372254) and (404333).
§ 49.142. Career and Technical Instructional I.
(a) A single certificate will be issued and titled, ‘‘Career and Technical Instructional Certificate.’’ Individuals qualifying for this certificate shall be authorized to teach in the areas for which they also hold an occupational competency credential. The occupational competency credential will be issued by the Department or an institution of higher education approved by the Secretary. The applicant shall have:
(1) A minimum of 8,000 hours (equivalent to 4 years full-time) wage-earning experience in the occupational area to be taught or 4,000 hours (equivalent to 2 years) wage-earning experience plus a baccalaureate degree.
(2) Successfully completed the occupational competency examination or evaluation of credentials for occupations where examinations do not exist or present evidence of satisfactory achievement on an assessment of subject matter under § 49.18 (relating to assessment).
(3) Completed 18 credit hours in an approved program of career and technical educator preparation. For Career and Technical I Certificates issued on or after January 1, 2013, the 18 credit hours must include at least 3 credits or 90 hours, or equivalent combination thereof, regarding accommodations and adaptations for diverse learners in an inclusive setting. For purposes of this requirement, 1 credit equals 30 hours of coursework. Applicable hours are limited to a combination of seat hours of classroom instruction, field observation experiences, major research assignments, and development and implementation of lesson plans with accommodations and adaptations for diverse learners in an inclusive setting.
(4) Presented evidence of satisfactory achievement on the assessment of basic skills under § 49.18.
(b) The Career and Technical Instructional I Certificate shall be valid for 8 years during which time the applicant shall complete the approved preparation program leading to the Career and Technical Instructional II Certificate.
Authority The provisions of this § 49.142 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.142 amended through January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (404333) to (404334).
Cross References This section cited in 22 Pa. Code § 49.1 (relating to definitions); and 22 Pa. Code § 49.2 (relating to inactivity and invalidity).
§ 49.143. Career and Technical Instructional II.
The Career and Technical Instructional II Certificate shall be a permanent certificate issued to an applicant who has:
(1) Completed 3 years of satisfactory teaching on a Career and Technical Instructional 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.
(2) Completed an additional 42 credit hours including at least 6 credits or 180 hours, or an equivalent combination thereof, regarding accommodations and adaptations for students with disabilities in an inclusive setting and at least 3 credits or 90 hours, or an equivalent combination thereof, in teaching English language learners, in an approved program in the appropriate field of career and technical education. For purposes of this requirement, one credit equals 30 hours of coursework. Applicable hours are limited to a combination of seat hours of classroom instruction, field observation experiences, major research assignments, and development and implementation of lesson plans with accommodations and adaptations for diverse learners in an inclusive setting.
(3) Presented evidence of satisfactory achievement in assessments under § 49.18(a) (relating to assessment).
(4) Completed a Department-approved 2-year induction program.
Authority The provisions of this § 49.143 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.143 amended through January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (404334) to (404335).
Notes of Decisions Testing Requirements
A provisionally certified teacher was charged with the knowledge of the statutes and regulations regarding professional certification, and the teacher cannot rely on the failure of an academic advisor to inform the teacher of the Department of Education’s applicable testing requirements for permanent certification as a means to avoid compliance with them. Logsdon v. Department of Education, 671 A.2d 302 (Pa. Cmwlth. 1996).
The testing requirements implemented pursuant to this regulation are applicable to a teacher who filed the appropriate paperwork with a preparing institution 2 days prior to the effectiveness of these regulations because the Department of Education did not receive the approval from the preparing institution until several weeks after the effectiveness of the regulation. The date the preparing institution received the application cannot be deemed the date the Department received it. Logsdon v. Department of Education, 671 A.2d 302 (Pa. Cmwlth. 1996).
CAREER AND TECHNICAL INTERN CERTIFICATES
§ 49.151. Eligibility and criteria.
(a) The Department will issue Career and Technical Intern Certificates for teaching in State approved programs of career and technical education in the public schools of this Commonwealth to applicants who have:
(1) Met all eligibility requirements stipulated in § 49.12 (relating to eligibility) except for the baccalaureate degree requirement in § 49.12(3).
(2) Provided evidence of satisfactory achievement in assessments of subject matter under § 49.18 (relating to assessment) or satisfactory occupational competency by one of the following:
(i) Successfully completing the occupational competency examination of the Department.
(ii) Securing recognition of occupational competency upon the basis of credentials review and adequate work experience beyond the learning period as established by the Department in those competency areas where occupational competency examinations do not exist.
(iii) Receiving State licensure or occupational accreditation by a Board of Examiners recognized by the Commonwealth.
(iv) Receiving certification from another state whose certification criteria are similar to those of this Commonwealth.
(3) Been accepted for enrollment in a State approved career and technical educator preparation program at a Commonwealth college or university.
(4) Been recommended for the certificate by the institution at which they are enrolled or accepted.
(b) The applicant shall be issued a Career and Technical Instructional I Certificate upon presenting evidence of 8,000 hours (equivalent to 4 years full-time) wage-earning experience in the occupational area to be taught and satisfactory achievement on the assessment of basic skills.
(c) The certificate requires continued enrollment in a State-approved teacher intern program.
Authority The provisions of this § 49.151 issued under sections 202, 408.1, 1302 and 1317—1320 of The Administrative Code of 1929 (71 P.S. § § 62, 118.1 (Repealed), 352 and 367—370 (Repealed)).
Source The provisions of this § 49.151 amended through January 25, 1985, effective June 1, 1987, 15 Pa.B. 245; readopted May 29, 1992, effective May 30, 1992, 22 Pa. B. 2824; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (404335) and (320391).
§ 49.152. Term of validity.
The Career and Technical Instructional Intern Certificate shall be issued for the period of time needed by the applicant to complete 18 semester hours within the approved career and technical educator preparation program, but in no case shall the validity period exceed 3 years from the date of issuance.
Authority The provisions of this § 49.152 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.152 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (320391) to (320392).
Cross References This section cited in 22 Pa. Code § 49.1 (relating to definitions); and 22 Pa. Code § 49.2 (relating to inactivity and invalidity).
§ 49.153. Career and Technical Day-to-Day Substitute Permit.
(a) The chief school administrator or career and technical school administrative director having jurisdiction over any approved Career and Technical Education program is authorized to issue a special Day-to-Day Substitute Permit to an occupational practitioner when no properly certified teachers are available. The teacher shall function under the supervision of a properly certified supervisor or administrator. Assignments as described in this section shall be made only in case of an emergency and may not exceed 20 consecutive school days. This permit will be valid for 20 days of substitute service and may be renewed for an additional 20 school days upon the approval of the Secretary.
(b) This permit does not qualify the holder to serve as a regularly employed teacher to fill a vacant position or as a long-term substitute. These positions shall be filled by a person holding a valid Career and Technical Instructional or a State issued Long-term or Day-to-Day Substitute Permit.
Authority The provisions of this § 49.153 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.153 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (320392).
SUPERVISOR OF CAREER AND TECHNICAL EDUCATION CERTIFICATE
§ 49.161. Supervisor of Career and Technical Education.
(a) The Department will issue a Supervisor of Career and Technical Education Certificate to a person who has a minimum of 3 years satisfactory certified career and technical teaching experience and whose primary assignment will be one or more of the following:
(1) Instructional supervision in the fields of career and technical education—career and technical agriculture, career and technical business, distributive education, health occupations, career and technical home economics, and career and technical industrial, or trade and industrial—in area career and technical schools and corresponding career and technical courses in the public secondary schools of this Commonwealth.
(2) Directing the activities of professional staff teaching in the program areas specified in paragraph (1).
(b) The Department will issue a Supervisor of Career and Technical Education Certificate to a person who shall meet the requirements of § 49.111(a)(3)—(5) (relating to Supervisory Certificate).
Authority The provisions of this § 49.161 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.161 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (320392) to (320393).
§ 49.162. [Reserved].
Source The provisions of this § 49.162 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial pages (227875) to (227876).
CAREER AND TECHNICAL ADMINISTRATIVE DIRECTOR
CERTIFICATE
§ 49.163. Career and Technical Administrative Director.
The Department will issue the Career and Technical Administrative Director Certificate to persons who:
(1) Have a minimum of 3 years of relevant professional experience in a Career and Technical Education School.
(2) Have completed an approved program of graduate study following standards listed in § § 49.111(a) and 49.121(d) (relating to Supervisory Certificate; and Administrative Certificate) or an approved alternative program under section 1207.1 of the act (24 P.S. § 12-1207.1) preparing them to direct, operate, supervise, and administer the organizational and educational activities of a career and technical school or department; applicants shall be recommended by the preparing institution in which the graduate program was completed.
(3) Present evidence of satisfactory achievement on assessments prescribed by the Department under § 49.18(a) (relating to assessment).
Authority The provisions of this § 49.163 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.163 adopted September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (320393) to (320394).
§ 49.164. [Reserved].
Source The provisions of this § 49.164 adopted September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial pages (227876) to (227877).
Subchapter D. OUT-OF-STATE APPLICANTS
Sec.
49.171. General requirements.
49.172. Letter of eligibility.§ 49.171. General requirements.
(a) Applicants recommended by out-of-State institutions shall submit to the Department official transcripts for all professional preparation and related studies and satisfactory evidence of educational and work experience. These records will be evaluated by the Department using the established standards applicable to the comparable approved programs at Commonwealth institutions.
(b) The Department will issue the appropriate certificates to persons whose preparation and experience equate to the established standards. If an evaluation by the Department reveals minor deficiencies, the Department will prescribe the additional educational requirements.
(c) The Department may issue the comparable Pennsylvania Certificate to an applicant who, lacking institutional recommendation:
(1) Has been legally certified by another state at a level comparable to the Pennsylvania certificate sought.
(2) Provides evidence of preparation and experience equating to the established standards for the area of certification sought.
Authority The provisions of this § 49.171 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.171 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655. Immediately preceding text appears at serial pages (260837) to (260838).
Cross References This section cited in 22 Pa. Code § 49.13 (relating to policies).
§ 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:
(1) Has completed a State-approved graduate level program of educational administrative study for the preparation of chief school administrators or been prepared through an out-of-State graduate level program equivalent to those approved in this Commonwealth.
(2) Has received the recommendation of the preparing institution for certification as a chief school, district level, administrator.
(3) Has provided evidence of 6 years of satisfactory educational or student support service in private or public K—12 schools or an accredited institution of higher education of which at least 3 years must be service in supervisory or administrative positions.
(b) Department evaluation will comply with the following:
(1) The adequacy of preparation will be determined by the Department.
(2) The qualifying educational service to meet experience requirements out-of-State will be determined for all applicants by the Department.
(3) Institutional endorsement of the candidate may be waived by the Department for exceptional reasons such as, but not limited to, nonrecency of graduation, multi-institutional preparation, and institution no longer offering a preparation program for the superintendent.
(c) A commission shall be issued to a person holding a letter of eligibility upon election as a district superintendent or assistant district superintendent by the respective local board of school directors.
Authority The provisions of this § 49.172 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.172 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (320395).
Subchapter E. COMMISSIONS AND CERTIFICATES FOR
INTERMEDIATE UNITS
Sec.
49.181. [Reserved].
49.182. Letter of eligibility.
49.183. [Reserved].
49.184. [Reserved].§ 49.181. [Reserved].
Source The provisions of this § 49.181 reserved September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665. Immediately preceding text appears at serial page (7404).
§ 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:
(1) An earned doctorate or a master’s degree plus 40 hours of graduate study successfully completed at a State approved college or university.
(2) Six years of experience in education work at the elementary, secondary, county office, intermediate unit, the Department, or State approved college or university level. In 3 of these 6 years, the applicant shall have served successfully in a management or supervisory capacity.
(b) The appropriateness of this experience and the candidate’s academic preparation will be determined by the Department.
(c) A commission will be issued to a person holding an appropriate letter of eligibility upon the candidate’s election as the executive director or assistant executive director of an intermediate unit by its respective board of directors.
(d) When an Intermediate Unit Board of Directors finds it impossible or impractical to fill immediately a vacancy occurring in the position of intermediate unit executive director or assistant intermediate unit executive director, the board may appoint an acting intermediate unit executive director or an acting intermediate unit executive director who does not meet the requirements of subsection (a) to serve no more than 1 year from the time of the appointment as acting intermediate unit executive director or acting assistant intermediate unit executive director.
Authority The provisions of this § 49.182 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P.S. § § 367 and 369) (Repealed).
Source The provisions of this § 49.182 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial page (320396).
§ 49.183. [Reserved].
Source The provisions of this § 49.183 amended September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial pages (227879) to (227880).
§ 49.184. [Reserved].
Source The provisions of this § 49.184 amended through September 12, 1980, effective September 13, 1980, 10 Pa.B. 3665; reserved September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954. Immediately preceding text appears at serial page (227880).
Subchapter F. LETTERS OF EQUIVALENCY FOR
PAY PURPOSES
Sec.
49.191. Letters of Equivalency.
Authority The provisions of this Subchapter F issued under Article XII and sections 1109, 1141, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 12-1201—12-1268, 11-1109, 11-1141, 26-2603-B and 26-2604-B), unless otherwise noted.
Source The provisions of this Subchapter F adopted September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954, unless otherwise noted.
§ 49.191. Letters of Equivalency.
A Letter of Equivalency will be issued for salary purposes only, subject to the following terms and conditions:
(1) The Letter of Equivalency for Baccalaureate Degree is issued to holders of Career and Technical Instructional I, Career and Technical Instructional II or their equivalents upon the accumulation of 90 college credits. A minimum of 18 credit hours shall be earned at a State-approved baccalaureate degree granting institution. Twelve of the final 30 credit hours 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, Career and Technical Instructional I, Career and Technical Instructional 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 certification area(s) 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.
(3) A grade of ‘‘C’’ or better is required in college and university courses in which grades are given and a letter of satisfactory completion is required for all in-service courses used toward the attainment of the certificate.
Source The provisions of this § 49.191 amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended April 22, 2022, effective April 23, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (320397) to (320398).
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