§ 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.

   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).

   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).

   This section cited in 22 Pa. Code §  49.15 (relating to approval of experimental programs).

   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).)