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| New Certification Requirements for Teaching Assistants INFORMATION BULLETIN March 2005 No. 200505 This document provides information in certification requirements for teaching assistants, particularly the changes that went into effect on February 2, 2004. It also summarizes the characteristics of teacher aides and teaching assistants in the areas of employment, job duties, licensing and certification, including New York State laws and regulations governing each area. Finally, it addresses the most frequently asked questions related to certification and licensure. This Information Bulletin covers the following topics: • Background on the employment of paraprofessionals in the education workforce and the factors contributing to their growth in employment; • A summary of New York State laws and regulations governing the employment, job duties, and certification and licensure of teacher aides and teaching assistants; • A chart indicating requirements for teaching assistants who applied for certification by February 1, 2004; • A chart indicating certification requirements for teaching assistants, as of February 2, 2004, including certificate levels leading to teacher preparation; • Portability of a teaching assistant credential across school district and BOCES boundaries; • Information on professional development for teaching assistants; • Commissioner's Regulation Section 80-5.6 governing certification requirements for teaching assistants; • Excerpts from Commissioner's Regulations related to professional development for teaching assistants; • Programs and resources from the NYSUT Education and Learning Trust; and • Frequently asked questions, with answers provided by NYSUT, regarding teaching assistant certification. This Briefing Bulletin is provided for general information purposes only. An official response on the interpretation of certification regulations or the determination of individual certification status can only be obtained from the Office of Teaching Initiatives of the New York State Education Department. Please also refer to Information Bulletin No. 200312 Teacher Aides and Teaching Assistants ~ Background ~ The employment of paraprofessionals in schools has grown steadily and their duties have changed significantly since they were introduced into classrooms four decades ago. Initially, their duties were limited to recordkeeping, preparing materials and monitoring students on playgrounds and in lunchrooms. In today's schools, many paraprofessionals provide direct instructional, vocational, transitional, library, health and other related services to children and youth. A number of factors have contributed to growth in paraprofessional employment and the need for individualized instructional and support services for students. • An increasing proportion of school-age children, especially those living in poverty, immigrants and minorities, are not meeting higher learning standards. Support for higher academic standards has increased the imperative for all students meeting them. • Increased numbers of students with disabilities are being educated in public schools because of advances in medical science and health care, resulting in more infants with disabilities and life threatening health care needs surviving and thriving. • Changes in federal and state laws resulting in greater numbers of students with disabilities being educated in public schools and general education classes have led to the expansion of inclusive education programs and classrooms. In New York State paraprofessionals are designated as either teacher aides or teaching assistants. In 1971 the position of teaching assistant was established under Part 80 of the Commissioner's Regulations, making them part of the teaching staff. This new position included providing direct instructional and support services to students under the supervision of a certified teacher. This Information Bulletin summarizes the characteristics of teacher aides and teaching assistants in areas of employment, job duties and licensing and certification requirements. Its focus will be on the new certification requirements for teaching assistants that went into effect in 2004. ~ Teacher Aides and Teaching Assistants ~ Following is a summary of the laws, rules and regulations governing the employment, job duties, license and certification of teacher aides and teaching assistants in New York State . Teacher Aides According to Education Law, Section 3009 (2)(a): A teacher aide is appointed by a board of education to assist teachers "in the performance of their teaching functions by performing those non-teaching duties (emphasis added) otherwise performed by such regular teacher or teachers." Commissioner's Regulations, Section 80 5.6, Supplementary School Personnel, describe the duties of a teacher aide. They include: • Managing records, materials and equipment; • Attending to the physical needs of children; and • Supervising students, and performing such other non-teaching duties which support teaching when such services are determined and supervised by the teacher. Teacher aides are classified employees, whose employment rights are governed by Civil Service Law. They are not subject to licensure and certification requirements under Education Law. For a more detailed description of the roles and responsibilities of a teacher aide, you may refer to the NYSUT Information Bulletins on "SED Guidelines: Teacher Aides and Teaching Assistants" (No. 200302, January 2003) and "Teacher Aides and Teaching Assistants - NCLB Requirements for Paraprofessionals" (No. 200312, August 2003). Teaching Assistants According to the Regulations of the Commissioner of Education, Section 80-5.6: A teaching assistant "is appointed by a board of education to provide, under the general supervision of a licensed or certified teacher, direct instructional service to students " (emphasis added). The teaching assistant is provided "general" (as contrasted with direct or personal) supervision by the certified teacher(s) who are responsible for the student's instruction. Commissioner's Regulations also describe the duties of a teaching assistant: • Working with individual pupils or groups of pupils on special instructional projects; • Providing the teacher with information about pupils that will assist the teacher in the development of appropriate learning experiences; • Assisting pupils in the use of available instructional resources, and assisting in the development of instructional materials; • Utilizing their own special skills and abilities by assisting in instructional programs in such areas as: foreign languages, arts, crafts, music and similar subjects; and • Assisting in related instructional work as required. Teaching assistants, unlike teacher aides, are members of the teaching staff and must be given a probationary appointment as a teaching assistant and are eligible for tenure according to Section 30.8(d) of the Regulations of the Commissioner of Education. ~ Previous Teaching Assistant Certification Requirements ~ These requirements pertain to individuals who obtained either of the following credentials effective no later than February 1, 2004. • Temporary License: Pursuant to Commissioner's Regulations, Section 80-5.6, a temporary license can be issued to a person who has completed a four-year high school program or its equivalent, supplemented by training and experience appropriate to the position in question. The temporary license is valid for one year from the date of issuance. No more than two temporary licenses may be issued. • Continuing Certificate: Pursuant to Commissioner's Regulations, Section 80-5.6, a continuing certificate may be issued to a person who has completed six semester hours of college study in a field related to elementary or secondary education, and who has completed one year of experience as a licensed teaching assistant or as a certified teacher. The continuing certificate is valid continuously, except when the holder has not been regularly employed as a teaching assistant for five consecutive years. Summary of Commissioner's Regulations for Teaching Assistant Certification Requirements on or before February 1, 2004
~ New Certification Requirements for Teaching Assistants ~ The requirements for teaching assistant certification will apply to a candidate who applies on or after February 2, 2004 for a credential to work as a teaching assistant. Among the changes are new certificate levels culminating in a pre-professional certificate leading to teacher preparation, increased collegiate study, and passing a New York State Assessment of Teaching Assistant Skills (ATAS) test or the Liberal Arts and Sciences test (LAST). The State Education Department has indicated on their web site that the LAST, which is required for teacher certification, is an acceptable alternative to the ATAS. • Level I teaching assistant certificate: A candidate must have a high school diploma or its equivalent, and pass the New York State ATAS or the LAST. The ATAS is arranged into four subareas that address the central knowledge and understanding that teaching assistants are expected to possess in Reading , Writing, Mathematics and Instructional Support. The certificate is valid for one year and can be renewed for one year. • Level II teaching assistant certificate : In addition to meeting the requirements for a Level I certificate, the candidate must also complete six semester hours of collegiate study towards meeting the requirements for a baccalaureate degree, and have one year of experience as a licensed or certified teaching assistant. The certificate is valid for two years and is not renewable. • Level III teaching assistant certificate : In addition to meeting the requirements for a Level II teaching certificate, the candidate must complete a total of at least 18 semester hours of collegiate study. In other words, a Level III teaching assistant would require at least an additional 12 semester hours of collegiate study. The certificate is continuously valid, provided that the professional development requirements 75 hours every five years are met. It is possible to move from Level I to Level III directly after one year if the appropriate course work is in place. • Pre-professional teaching assistant : In addition to the requirements for a Level III teaching certificate, the candidate must be matriculated in a program leading to teacher certification or its equivalent, or in a program with an articulation agreement with such a program. The certificate is valid for five years and can be renewed with the completion of 30 semester hours of coursework. Pre-professional teaching assistants assist teachers by performing additional duties such as: • Working with small groups of children so the teacher can work with a large group or individual children; • Helping a teacher construct lesson plans; • Presenting segments of lesson plans as directed by the classroom teacher; • Communicating with parents of students; and • Helping in training of other teaching assistants. Summary of Commissioner's Regulations for Teaching Assistant Certification Requirements on or after February 2, 2004
* New York State Assessment of Teaching Assistant Skills Test or the Liberal Arts and Sciences Test ~ Portability of Teaching Assistant Credential ~ A teaching assistant is no longer required to obtain a new certificate if they choose to seek employment in another school district or BOCES. A continuing certificate as well as a Level I, II or III certificate or a Pre-Professional certificate is portable across school district and BOCES boundaries, in the same way a teaching certificate is portable. ~ Professional Development ~ As additional responsibilities are assigned to teachers, teaching assistants are expected to take on greater responsibilities in supporting student instruction. Many aides and assistants also work with children with special needs, providing a link between special education and the regular education classroom. Yet, in spite of the recent wave of educational reform, most school districts have paid little attention to their professional development needs. This is in large part why NYSUT supported the requirement that school districts provide 75 hours of professional development every five years to Level III teaching assistants. Professional Development Plan Now that the new certification requirements for teaching assistants are in effect, the Professional Development Plan (PDP) will require each school district and BOCES to develop a professional development plan that ensures that "holders of Level III teaching assistants certificates are provided the opportunity to participate in the professional development program of the district or BOCES." High quality professional development for paraprofessionals will yield good results. Improvement in student learning, better student discipline and behavior are among the many benefits a school district will derive from investing in professional development. Comprehensive System of Personnel Development Part 100. 2(dd) of Commissioner's Regulations, related to the Professional Development Plan, specifies that "a school district or BOCES may include the local special education Comprehensive System of Personnel Development (CSPD) plan as part of its professional development plan." According to Commissioner's Regulations 200.2(h), a local CSPD plan shall include, but not be limited to: "a description of the professional development activities provided to all professional and paraprofessional staff who work with students with disabilities to assure that they have the skills and knowledge necessary to meet the needs of students with disabilities." Excerpt from: § 80-5.6 Supplementary school personnel.
(i) The requirements of this subparagraph shall be applicable in the event that an application has been submitted to the department on behalf of the candidate on or before February 1, 2004 for either the temporary license or continuing certificate, and upon application the candidate qualifies or has qualified for the credential; and for candidates who do not meet this condition, the requirements of subparagraph (ii) of this paragraph apply. Any such candidate employed as a teaching assistant shall hold one of the following credentials: (2) The application for this license shall be filed on forms prescribed by the commissioner and shall include the following information: the name and address of the candidate; the candidate's education; related teaching, administrative and/or supervisory experience; occupational and/or practical experience; and other unusual qualifications; a description of the teaching assistant's duties; a description of how the teaching assistant will be supervised; a description of the employing school district's in-service training program for teaching assistants and the professional staff utilizing such personnel; and a description of the district's plan for using teaching assistants. (1) Preparation. The candidate shall meet the requirements in each of the following items: Excerpt from: § 80-3.6 Professional development requirement. (4) Notwithstanding the requirements of paragraph (1) of this subdivision, a holder of a certificate who achieves certification from the National Board for Professional Teaching Standards shall be deemed to have met the professional development requirement, prescribed in this subdivision, for the five-year professional development period in which such national board certification is achieved. (c) Adjustments to the requirement. (1) An adjustment to the requirement prescribed in subdivision (b) of this section, in terms of clock hours and/or the time for completing professional development, shall be made by the commissioner, provided that the certificate holder documents good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health certified by a physician; or a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or extreme hardship which, in the judgment of the department, makes it impossible for the professional certificate holder to comply with the professional development requirements in a timely manner; or for a certificate holder who is regularly employed by an applicable school in New York , inability to complete the requirement because of the failure of the applicable school in New York to adopt and implement a professional development plan. (2) A certificate holder may request from the executive director of the Office of Teaching Initiatives an adjustment to the professional development requirement at any time during the professional development period, except that the certificate holder shall be required to comply with the timeframes prescribed in the due process requirements of subdivision (h) of this section, if the request is made after an initial notification, as prescribed in such subdivision, that the department's records show that the professional development requirements have not been met. (1) For individuals regularly employed by an applicable school in New York in a professional development year, acceptable professional development for such year shall be professional development approved by such applicable school in New York, pursuant to its professional development plan, as prescribed in section 100.2(dd) of this Title. (2) For individuals not regularly employed by an applicable school in New York in a professional development year, acceptable professional development for such year shall be study in the content area of the certificate held by the individual or in pedagogy related to such certificate: (i) approved by an applicable school in New York , pursuant to its professional development plan, as prescribed in section 100.2(dd) of this Title; or (ii) offered by: (a) a regionally accredited institution of higher education or institution authorized by the Board of Regents to confer degrees; or (b) the following entities located in New York State: a school district, a board of cooperative educational services, a teacher resource and computer training center, or a special education teacher resource center, or a comparable entity located outside of New York State; or (c) for certificate holders employed by any entity offering instruction in any grades kindergarten through grade 12, including but not limited to nonpublic schools located in New York State or outside of the State, professional development provided by such employer. (e) Measurement of professional development study. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 clock hours of professional development, and each quarter-hour of credit shall equal 10 clock hours of professional development for purposes of this section. (f) Recordkeeping requirements. In addition to the recordkeeping requirement for an applicable school in New York, as prescribed in section 100.2(dd) of this Title, the certificate holder shall maintain a record of completed professional development, which includes: the title of the program, the number of hours completed, the sponsor's name and any identifying number, attendance verification, and the date and location of the program. Such records shall be retained for at least seven years from the date of completion of the program and shall be available for review by the department in administering the requirements of this section. (g) Reporting requirement. (1) In addition to the reporting requirement for an applicable school in New York, as prescribed in section 100.2(dd) of this Title, for any professional development year in which the certificate holder is not regularly employed in an applicable school in New York , the certificate holder shall report to the department, in a form and timetable prescribed by the department, information concerning completed professional development. (2) Each certificate holder required to complete the professional development requirement pursuant to this section shall report to the executive director of the Office of Teaching Initiatives his or her current mailing address. Each such certificate holder shall report to the executive director a change of his or her mailing address within 30 days of such change. Failure to provide the executive director with a valid current mailing address may result in the suspension of the validity of the teaching certificate or certificates for which professional development is required, as prescribed in subparagraph (h)(2)(ii) of this section. ~ NYSUT's Education and Learning Trust ~ NYSUT's Education and Learning Trust (ELT) offers a range of professional development and educational opportunities to assist teaching assistants in meeting new certification requirements. These include: • Undergraduate Programs: The ELT is partnering with several two and four-year colleges around the state to offer an 18-credit undergraduate program of study. Three of the six courses are designed and taught by NYSUT's Effective Teaching Program (ETP) instructors. They include: Introduction to Exceptionalities, Supporting Students in Reading and Writing, and The Paraeducator. Introduction to Exceptionalities is currently being offered through Genesee and Mohawk Valley Community Colleges . • Test Preparation Programs: The ELT has developed test-preparation materials and workshops to help our members prepare for the exam. • Professional Development Workshops: To maintain their certification, Level III teaching assistants certified on or after February 2, 2004, will be required to complete 75 hours of professional development every five years. The ELT offers a variety of workshops to meet the professional development needs of our members. Topics include: Managing the IEP to Support Student Instruction and Classroom Partners: The Role of the Paraprofessional on the Instructional Team. For additional information on courses, workshops and other programs available through NYSUT's Education and Learning Trust, please call 1-800-528-6208. ~ Frequently Asked Questions ~ • What impact, if any, will the new certification requirements have on teaching assistants holding a continuing certificate? The changes will apply only to those who apply for certification on or after February 2, 2004. Those holding a continuing certificate will retain it indefinitely, unless separated from the school district for five consecutive years. • Will teaching assistants holding a continuing certificate be required to take the New York State Teacher Assistant Certification Examination? No. Only those applying for certification on or after February 2, 2004 will be required to take the test, unless a continuing certificate holder chooses to apply for a Level I, II, or III teaching assistant certificate. • Are there different job duties assigned to each of the levels leading to the pre-professional teaching certificate? According to Commissioner's Regulations, the description of job duties contained in Section 80-5.6 (b) (1) (ii) (a), applies to all teaching assistants, whether they hold a Level I, II or III certificate. However, the job duties of pre-professional certificate holders are more specialized (see p. 5 of this Information Bulletin). It will be left up to the local union and school district to negotiate the job duties and commensurate pay assigned to each level, should they choose to do so. • All Level III teaching assistants will be required to complete 75 hours of professional development over five years in order to maintain their certificate. Who is responsible for providing the professional development and will it be available to Level I and Level II teaching assistants? Commissioner's Regulations, Part 100.2(dd), require a school district and BOCES to include in their professional development plan (PDP) how they will provide teachers with substantial professional development opportunities. Level III teaching assistant certificate holders are to be afforded the same opportunities. The district is required to make professional development available during the normal school day and school year. Professional development taking place outside of the normal school day and school year needs to be negotiated by the local union and the school district. While the regulation does not specifically state that all teaching assistants (including continuing certificate holders) are to receive substantial professional development, it is important that it be made available to all teaching assistants and teacher aides, at no cost to the individual. • Can a teacher aide become a teaching assistant by meeting the requirements set forth under each of the certification levels? A teacher aide will be free to take the New York State Assessment of Teaching Assistant Skills test for certification and complete college credits; however, if the school district or BOCES have failed to create the job title of teaching assistant, a teacher aide will not be able to move into a teaching assistant job title. DOC 51564 |
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