N.Y. Education Law Section 3004
Regulations governing certification of teachers


1.

The commissioner shall prescribe, subject to approval by the regents, regulations governing the examination and certification of teachers employed in all public schools of the state, except that no such regulation affecting the examination, certification, license, probationary periods, appointment, and tenure of position of persons employed in the teaching, and supervising service in a city having a population of four hundred thousand or more shall be prescribed which may cause the discontinuance of the service of such persons who have satisfactorily completed their probationary periods, or the removal of such persons from their positions in a manner other than that provided by § 2573 (Appointment of assistant, district or other superintendents, teachers and other employees)section twenty-five hundred seventy-three of this chapter, but no such regulations established by the commissioner or by any school district, or pursuant to the provisions of section twenty-five hundred fifty-four, twenty-five hundred sixty-six, twenty-five hundred sixty-nine, twenty-five hundred seventy-three or three thousand eight of this chapter or otherwise, shall hereafter prohibit, prevent or disqualify any person, who is otherwise qualified, from competing, participating and registering for such examination or from obtaining a teacher’s certificate or from qualifying for a position as a teacher solely by reason of a disability provided such disability does not interfere with such person’s ability to perform teaching duties, nor shall any person who is otherwise qualified be denied enrollment in any teacher training, which provides for certification as a teacher in a school or facility which conducts classes for children with disabilities solely by reason of a disability. 1-a. The commissioner shall waive fees paid by applicants for the renewal of a temporary teaching certificate or license, as defined by the commissioner, if such certificate or license lapsed while such applicant was deployed by the United States armed forces and any of its reserve components in a combat theater or combat zone of operations at any time on or after the second day of August, nineteen hundred ninety.

2.

Notwithstanding any other provision of law, the commissioner shall prescribe regulations requiring that all persons applying, on or after January first, nineteen hundred ninety-one, for a certificate or license to be a teacher shall, in addition to all the other certification or licensure requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training. The coursework or training shall include information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Each applicant shall provide the department with documentation showing that he or she has completed the required training.

3.

The commissioner shall prescribe regulations requiring that all persons applying on or after February second, two thousand one for a teaching certificate or license, including but not limited to a certificate or license valid for service as a classroom teacher, teaching assistant, pupil personnel service professional, school administrator or supervisor or superintendent of schools, shall, in addition to all the other certification or licensing requirements, have completed two hours of course work or training in school violence prevention and intervention. The course work or training shall be obtained from an institution or provider which has been approved by the department to provide such course work or training. Such regulations shall also require that school districts and boards of cooperative educational services include training for teachers and other certified or licensed employees in school violence prevention and intervention in their required professional development plans.

4.

a. The commissioner shall prescribe regulations requiring that all persons applying on or after September second, two thousand nine for a teaching certificate or license as a special education teacher for the purposes pursuant to article 89 (Children With Disabilities)article eighty-nine of this chapter shall, in addition to all the other certification or licensing requirements, have completed enhanced course work or training in area of children with autism. In addition, such regulations shall require that enhanced training in the needs of autistic children be provided to each certified school administrator or supervisor assigned on or after September second, two thousand nine to serve as a special education administrator. Such training shall be provided prior to, or as soon as practicable following, assignment as a special education administrator. Individuals serving as special education administrators as of September second, two thousand nine shall complete such training by such date. The enhanced course work or training shall be obtained from an institution or provider which has been approved by the department to provide such course work or training in the needs of autistic children, provided that enhanced training for certified school administrators or supervisors that meets standards prescribed by the commissioner may be included in the professional development provided by the school district or board of cooperative educational services to such administrators or supervisors.

b.

The commissioner shall assure that teacher preparation institutions, in the two thousand eight--two thousand nine academic year, include instruction in the needs of autistic children in all programs leading to certification as a special education teacher.

5.

Notwithstanding any other provision of law, the commissioner is authorized and empowered to certify or require training of teachers, administrators and instructors in the area of autistic needs. The commissioner shall have the power to prescribe the necessary regulations and establish such programs and training related to the needs of autistic children. Such programs and training shall be obtained from an institution or provider which has been approved by the department to provide such programs and training, except that a school district or board of cooperative educational services may provide such training as part of its professional development program.

6.

The regents and the commissioner shall review the alternative teacher preparation programs available to candidates for teaching certificates under the regulations of the commissioner in the two thousand seven--two thousand eight school year and shall consider means of expanding the availability of such preparation in the future, while maintaining teacher quality. The regents and the commissioner shall develop programs to assist in the expansion of alternative teacher preparation programs.

Source: Section 3004 — Regulations governing certification of teachers, https://www.­nysenate.­gov/legislation/laws/EDN/3004 (updated Sep. 22, 2014; accessed Jul. 20, 2024).

3001
Qualifications of teachers
3001‑A
Temporary teaching permit, person not a citizen
3001‑B
First aid instruction mandatory for coaches of extra-class public school athletic activities
3001‑C
First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities
3001‑D
Criminal history record checks and conditional appointments
3002
Oath to support federal and state constitutions
3003
Qualifications of superintendents
3004
Regulations governing certification of teachers
3004‑A
National board for professional teaching standards certification grant program
3004‑B
Special procedures for certification
3004‑C
Denial of application for certification
3005
Leave of absence to teachers for teaching in foreign countries, other states and territories and other school districts
3005‑A
Leave of absence for teaching purposes
3005‑B
Leave of absence for personal illness
3006
Commissioner of education to issue certificates
3006‑A
Registration and continuing teacher and leader education requirements for holders of professional certificates in the classroom teaching ...
3007
Endorsement of foreign certificates and diplomas
3008
Certification of teachers by local authorities
3009
Unqualified teachers shall not be paid from school moneys
3010
Penalty for payment of unqualified teacher
3011
Contract with teacher
3012
Tenure: certain school districts
3012‑A
Elementary tenure area
3012‑C
Annual professional performance review of classroom teachers and building principals
3012‑D
Annual teacher and principal evaluations
3012‑E
Teacher and principal performance review plans
3013
Abolition of office or position
3014
Tenure: boards of cooperative educational services
3014‑A
Teachers’ rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school...
3014‑B
Teachers’ rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services
3014‑C
Teachers’ rights as a result of a school district taking back tuition students
3014‑D
Teachers’ rights as a result of a school district sending students to another district on a tuition basis pursuant to section two thousan...
3015
Teacher’s salary when payable
3016
Contract when teacher is related to trustee or member of board of education
3017
Individual liability of trustees
3018
Revocation of certificate by district superintendent
3019
Penalty for teacher’s failure to complete contract
3019‑A
Notice of termination of service by teachers
3020
Discipline of teachers
3020‑A
Disciplinary procedures and penalties
3020‑B
Streamlined removal procedures for teachers rated ineffective
3021
Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances
3021‑A
Notification of accusatory instrument alleging a sex offense
3022
Elimination of subversive persons from the public school system
3023
Liability of a board of education, trustee, trustees or board of cooperative educational services
3024
Teachers responsible for record books
3025
Verification of school register
3026
Discriminations based on sex prohibited
3027
Discrimination based on age prohibited
3028
Liability of school district for cost and attorney’s fees of action against, or prosecutions of, teachers, members of supervisory and adm...
3028‑A
Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction
3028‑B
Notification of teachers’ duty to provide information and immunity from liability
3028‑C
Protection of school employees who report acts of violence and weapons possession
3028‑D
Protection of school employees who report information regarding illegal or inappropriate financial practices
3029
Hours of continuous duty for full time teachers
3029‑A
Silent meditation in public schools
3030
Interstate agreement on qualifications of educational personnel
3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued
3032
Teacher summer business training and employment program
3033
New York state mentor teacher-internship program
3034
Teacher career recruitment clearinghouse
3035
Duties of commissioner
3036
Coursework for reporting child abuse and maltreatment for those with coaching licenses or coaching certificates
3037
Grants for hiring teachers
3038
The superintendent of each school district, in consultation with the district superintendent of a board of cooperative educational servic...

Accessed:
Jul. 20, 2024

Last modified:
Sep. 22, 2014

§ 3004’s source at nysenate​.gov

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