N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 80-1.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 80-1.2 - Applications and certificates, dates of issuance

(a)Applications.

(1) All applications submitted to the commissioner on or after September 1, 2009 for certificates issued pursuant to the provisions of this Part shall remain in active status for three years from the date of receipt of such application. If the candidate fails to complete all requirements for such certification within three years from the date of receipt of such application, the application shall be deemed denied by the commissioner, except the commissioner may extend the time validity of an active application beyond the three years provided for in this section, for individuals called to active duty with the Armed Forces for the time of active service and an additional 12 months after the end of such service, upon application for such an extension. If the candidate subsequently wishes to re-apply for such certification, the candidate shall submit to the commissioner a new application with the required documentation and the appropriate fee prescribed under section 3006 of the Education Law.

(2) All applications submitted to the commissioner after September 1, 2009 for certificates in the classroom teaching service, school leadership or pupil personnel through individual evaluation or reciprocity under this Part shall include a transcript from each institution of higher education that the candidate attended. Upon receipt of such application, the commissioner shall provide a written or electronic evaluation to the candidate of his/her credentials and shall notify the candidate, in writing or electronically, if there are any remaining deficiencies in the candidate's application for certification through individual evaluation or reciprocity. If the candidate fails to satisfy any remaining deficiencies in his/her application within three years from the date of receipt of such application, the application shall be deemed denied by the commissioner, except that the commissioner may extend the time validity of an active application beyond the three years provided for in this section for individuals called to active duty with the Armed Forces for the time of active service and an additional 12 months after the end of such service, upon application for such an extension. An application shall also be denied by the commissioner if the candidate submits additional documentation to correct any deficiencies in his/her application after the first evaluation and a second evaluation reveals that the application together with the additional documentation continues to be deficient and fails to meet the requirements for certification, as prescribed in this Part. If the candidate subsequently wishes to re-apply for such certification, the candidate shall submit to the commissioner a new application with any required documentation to satisfy any remaining deficiencies in such application and the appropriate fee as prescribed under section 3006 of the Education Law.

(b)Certificates, dates of issuance.

(1) Upon application, the commissioner shall issue certificates in the forms and titles for which the candidate qualifies. Such certificates may be issued in electronic and/or paper format.

(2) For purposes of reissuances, renewals and other extensions of time validity provided in this Part, expiration dates for certificates issued pursuant to the provisions of this Part shall be calculated from either the first day of February or September in the year of issuance, whichever date occurs first after the certificate is issued. However, all certificate holders shall be authorized to be employed in the public schools of this State in the area of his or her certificate title, on the date such certificate is issued.

(3) The commissioner shall not issue provisional certificates valid for the classroom teaching service with an effective date that begins after February 1, 2004, unless otherwise specifically prescribed in this Part. The commissioner may extend the effective date of a provisional certificate after February 1, 2004, pursuant to the requirements of section 80-1.6 of this Subpart.

(4) Except as otherwise provided in paragraph (6) of this subdivision, the commissioner shall issue initial and professional teachers' certificates valid for the classroom teaching service beginning with an effective date of September 1, 2004, except that the commissioner may continue to issue provisional and permanent teachers' certificates valid for classroom teaching service as specifically prescribed in this Part.

(5) The commissioner shall issue level I teaching assistant certificates, level II teaching assistant certificates, and level III teaching assistant certificates, and pre-professional teaching assistant certificates beginning with an effective date of September 1, 2004.

(6) The commissioner shall not issue permanent certificates in the classroom teaching service or in the school administrator and supervisor title to candidates with an expired provisional certificate in the classroom teaching service or school administrator and supervisor title to candidates applying for a permanent certificate on or after October 1, 2014.

(7) The commissioner shall extend the expiration date of the initial certificate, initial reissuance, provisional certificate, provisional renewal, and the extensions of the initial and provisional certificates from August 31, 2020 to January 31, 2021 in response to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

(8) The commissioner shall extend the expiration date of the conditional initial certificate from August 31, 2020 to August 31, 2021 in response to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

(9) The commissioner shall extend the expiration date of teaching assistant level I certificates, level I renewals, level II certificates, pre-professional certificates, and pre-professional renewals from August 31, 2020 to January 31, 2021 in response to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

(10) The commissioner shall not issue certificates in the literacy (birth-grade 6) and literacy (grades 5-12) certificate titles, other than the Professional certificate and reissuance of an Initial certificate, with an effective date that begins after September 1, 2027. The commissioner may extend the effective date of such certificates, as applicable, after September 1, 2027, pursuant to the requirements of section 80-1.6 of this Subpart.

(11) The commissioner shall not issue certificates in the students with disabilities (grades 1-6) and students with disabilities (grades 7-12) certificate titles, other than the professional certificate and reissuance of an initial certificate, with an effective date that begins after September 1, 2030. The commissioner may extend the effective date of such certificates, as applicable, after September 1, 2030, pursuant to the requirements of section 80-1.6 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 80-1.2

Amended, New York State Register, Volume XXXVI, Issue 27, effective 7/9/2014

Amended New York State Register December 24, 2019/Volume XLI, Issue 52, eff. 12/24/2019

Amended New York State Register September 30, 2020/Volume XLII, Issue 39, eff. 9/30/2020

Amended New York State Register December 29, 2021/Volume XLIII, Issue 52, eff. 12/29/2021

Amended New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/28/2022