independent regulatory state board of education review ...the board further acts under the authority...

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REVISED 12/16 Regulatory Analysis Form !NDDT:JLRV (CompietedbyPromuigatingAgency) (MI Comments submitted on this regulation will appear on IRRC’swebsite) DEC 8 2020 (1) Agency Independent Regulatory State Board of Education Review Commission (2) Agency Number: 006 JRRC Number: 3 2 ? 3 Identification Number: 346 (3) PA Code Cite: 22 Pa. Code Chapter 49 (4) Short Title: Certification of Professional Personnel (5) Agency Contacts (List Telephone Number and Email Address): Primary Contact: Karen Molchanow, Executive Director, State Board of Education, (717) 787-3787, ra S kiteboa di) led I)H. Secondan’ Contact: (6)Type of Rulemaking (check applicable box): Proposed Regulation E Emergency Certification Regulation; Final Regulation Certification by the Governor fl Final Omitted Regulation H Certification by the Attorney General (7) Briefly explain the regulation in clear and nontechnical language. (100 words or less) Proposed amendments align certain provisions of Chapter 49 with stawlozy changes to the Public School Code, clad’ ambiguous language, and update language for relevancy. Proposed amendments als4equire integration of new competencies in professional ethics, structured literacy, and culturally relevant and sustaining education (inclusive of mental wellness, trauma-informed instruction, technological and virtual engagement, and cultural awareness) into instruction for individuals preparing to become educators and into training for newly-hired teachers and professional education for current educators. The proposed amendments further lengthen induction programs to two years to extend supports for new educators as they enter the classroom. (8) State the statutory authority for the regulation. Include specific statutory citation. ‘eState Board of Education (Board) is acting under the authority of Section 2603-B of the Public ol Code of 1949 (24 P. S. § 26-2603-B). Within that Section, subsection 2603-B(a) grants power to rd to “.. adopt broad policies and principles, and establish standards governing the educational of the Commonwealth” and subsection 2603-B(d)(9. I) grants power to the Board to “adopt ouraging the inclusion of trauma-informed approaches in professional education curriculum in I private institutions of higher education in this Commonwealth issuing degrees to

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Page 1: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

REVISED 12/16

Regulatory Analysis Form !NDDT:JLRV

(CompietedbyPromuigatingAgency)

(MI Comments submitted on this regulation will appear on IRRC’swebsite) DEC — 8 2020(1) Agency

Independent Regulatory

State Board of Education Review Commission

(2) Agency Number: 006 JRRC Number: 3 2 ? 3Identification Number: 346

(3) PA Code Cite: 22 Pa. Code Chapter 49

(4) Short Title: Certification of Professional Personnel

(5) Agency Contacts (List Telephone Number and Email Address):

Primary Contact: Karen Molchanow, Executive Director, State Board of Education, (717) 787-3787, ra

S kiteboa di) led I)H.

Secondan’ Contact:

(6)Type of Rulemaking (check applicable box):

Proposed Regulation E Emergency Certification Regulation;

Final Regulation Certification by the Governor

fl Final Omitted Regulation H Certification by the Attorney General

(7) Briefly explain the regulation in clear and nontechnical language. (100 words or less)

Proposed amendments align certain provisions of Chapter 49 with stawlozy changes to the Public School

Code, clad’ ambiguous language, and update language for relevancy. Proposed amendments als4equire

integration of new competencies in professional ethics, structured literacy, and culturally relevant and

sustaining education (inclusive of mental wellness, trauma-informed instruction, technological and virtual

engagement, and cultural awareness) into instruction for individuals preparing to become educators and into

training for newly-hired teachers and professional education for current educators. The proposed

amendments further lengthen induction programs to two years to extend supports for new educators as they

enter the classroom.

(8) State the statutory authority for the regulation. Include specific statutory citation.

‘eState Board of Education (Board) is acting under the authority of Section 2603-B of the Public

ol Code of 1949 (24 P. S. § 26-2603-B). Within that Section, subsection 2603-B(a) grants power to

rd to “.. adopt broad policies and principles, and establish standards governing the educational

of the Commonwealth” and subsection 2603-B(d)(9. I) grants power to the Board to “adopt

ouraging the inclusion of trauma-informed approaches in professional education curriculum in

I private institutions of higher education in this Commonwealth issuing degrees to

Page 2: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

individuals who may desire to teach in the schools of this Commonwealth.”

The Board further acts under the authority of Section 2604-B of the Public School Code (24 P. 5. § 26-2604-B). Within that Section, subsection 2604-B(b)(2)(viii) grants the Board’s Council of BasicEducation the power to establish “the qualifications for employment of pro fessional personnel in thepublic schools’ and subsection 2604-B(b)(2)(ix) grants power to the Council to address “education andtraining in trauma-informed approaches.” Subsection 2604-B(c)(2) grants further authority to the Board’sCouncil of Higher Education to “develop standards for the approval of colleges and universities for thegranting of certificates and degrees.’

Finally, the Board is acting under section 1109 and 1141 of the Public School Code of 1949 (24 P.S. §11-1109, 11-1141).

(9) Is the regulation mandated by any federal or state law or court order, or federal regulation? Are thereany relevant state or federal court decisions? If yes, cite the specific law, case or regulation as well as,any deadlines for action.

The regulation is not mandated by federal or state law. However, the proposed amendments includetechnical revisions to align certain provisions in Chapter 49 with statutory changes enacted by the GeneralAssembly. These include updating terminology to align with changes to the Professional EducatorDiscipline Act as enacted by Act 120 of 2DB; updating terminology to replace references to “vocational-technical education” with rekrences to “career and technical education” for consistency with globalterminology changes made to the School Code by Act 76 of 2019; aligning eligibility requirements forissuing a Letter of Eligibility for superintendents with changes enacted by Act 82 of 2012; reflectingupdated requirements for issuing Vocational Intern and Vocational Instructional certifications as directedby Act 39 of 2018; aligning requirements for issuing Special Education certificates with the revised agesand grade spans for such certificates as defined in Act 82 of 2018; aligning requirements for the BasicSkills Assessment with changes enacted by Act 168 of 2014; and aligning provisions throughout theregulation with changes enacted by Act 21 of 2011 that modified eligibility requirements for out-of-stateeducators to be issued certification in Pennsylvania and granted the Secretary of Education authority toevaluate and approve postbaccalaureate certification programs through providers other than institutions ofhigher education. In addition, new competencies proposed to become a required part of educators’training include trauma-informed approaches to instruction. This addition to the regulation is consistentwith Section 1205.1 and Section 1205.7 of the Public School Code that requires school entities to includetrauma-informed approaches in their continuing professional education plans.

(10) State why the regulation is needed. Explain the compelling public interest that justifies theregulation. Describe who will benefit from the regulation. Quantify the benefits as completely aspossible and approximate the number of people who will benefit.

The regulation will benefit the nearly 1.8 million students enrolled in Pennsylvania’s public schoolentities, the more than 123,000 classroom teachers that support them, and the 119 educator preparationprogram providers that operate in the Commonwealth by clarifying existing language, updating languagefor relevancy, and aligning the regulation with changes to stahite for consistency.

The regulation further will benefit both students and educators by providing teachers with additionaltraining to meet the needs of students holistically, including training in supporting swdents mental healthand addressing the needs of students who have faced adverse childhood experiences. The proposed

Page 3: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

amendments flirther will benefit new educators by enhancing the level of support they receive as theyenter the profession through extended induction programming. Increasing the effectiveness of educatorsthrough improving preparation and enhancing supports for new teachers can have a positive impact onreducing teacher attrition, the majority’ of which is not due to retirement, and on increasing retentionwithin the profession.

Substantive changes related to educator training are needed to address concerns surroundingPennsylvania’s supply of effective educators. Chapter 49 directs the Department of Education to reportannually to the Board on the status of certification in the Commonwealth (see 22 Pa. Code, Section49.51(a)). Data presented in the Department’s July 2020 annual human capital report shows thatenrollment in traditional educator preparation programs in Pennsylvania has decreased by 67% since2010, with a slight increase between 2017 and 2018.

This downward trend is consistent with declines in educator preparation program enrollments nationallythat fell by 35% between 2009 and 2014. Data on national educator preparation program enrollments waspresented by LPI in a presentation titled ‘National Trends in Teacher Preparation and Certification” thatwas delivered at a public meeting of the Board in March 2019. The steep decline in the number ofindividuals preparing for a career in education is a contributing factor to the challenges districts face inhiring fully prepared educators. Issues surrounding educator supply further are compounded by persistentteacher shortages in certain geographic areas and subject areas.

The decline in supply and resulting shortages disproportionately impact inequities in access to qualifiedteachers for low-income students and students of color. A report prepared by LPI titled “ExaminingEthwator Certification in Pennsylvania: Research and Reeonnnendations fbi- Chapter 49” notes that theeight districts that top the state’s list for teacher shortages based on unfilled vacancies are all Title Idistricts. Title 1 is a federal program that provides financial assistance to local education agencies andschools with high numbers or high percentages of children from low-income families. Collectively, in2016-17, these districts served over 13% ofthe state’s overall student population and over 30% of studentof color in Pennsylvania. According to the LPI report, six of the eight districts with the greatest teachershortages serve primarily students of color.

To address these gaps, the state has become increasingly reliant on long-term substitutes serving onemergency permits to staff classrooms as evidenced by a 100% increase in the number of emergencypermits issued to districts in Pennsylvania between 2014-15 and 2016-17. Data on the increasing relianceon emergency permits was presented to the Board in the Department’s 2018 annual certification reportand further reported in the aforementioned report prepared by LPI. These circumstances are concerningbecause research demonstrates that teachers with little or no preparation often lead classrooms with lowerstudent outcomes and experience a higher attrition rate from the field. Nationally, 66% of teacherturnover in 2015-16 was due to pre-retirement attrition, as reported by LPI in its March 2019 presentationat a public meeting of the Board.

\Vhile significant turnover occurs before educators reach retirement age, the Board also gaugedPennsylvania’s educator workforce needs by reviewing data on the supply gap as measured by potentialretirements. In 2018-19, 12% of teachers were close to or at the age of retirement (defined as age 55 orolder) and, in that same year, 5% of teachers were close to retirement based on years of services (definedas 30 or more years of service) as evidenced by data in the Department’s July 2020 annual human capitalreport.

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Proposed amendments also are intended to reinforce the professional integrity expected of both new andexperienced educators. The Professional Standards and Practices Commission, the state body chargedwith adjudicating educator misconduct, has seen its caseload more than triple over the past five yearsaccording to data from the Commission. The Commission disciplines nearly 300 educators annually, andthe Department of Educatio&s Office of Chief Counsel currently has more than 2,000 educatormisconduct complaints pending. Protecting students from educator misconduct is of the utmostimperative. Through these proposed amendments, the Board seeks to ensure that Pennsylvania educatorsare prepared not just in pedagogy and content knowledge, but that they also possess a clear understandingof the ethical practice that is expected of them.

Collectively, these challenging circumstances require attention to ensure that all students in Pennsylvaniaare served by teachers fully prepared to meet their needs. To address these challenges, the Board isproposing new educator training requirements that would be integrated throughout three points in aneducators career to provide a continuum of professional learning.

First, the proposed rulemaking adds requirements for instruction for presen’ice educators, which would bedelivered as part of undergraduate or alternative post-baccalaureate programs for individuals who areworking toward earning a teaching certificate. Under the proposed rulemaking, individuals studying tobecome teachers would need to complete instruction in professional ethics, structured literacy, and CR-SE. CR-SE is inclusive of mental wellness, trauma-informed instruction, cultural awareness, andtechnological and virtual engagement.

Second, the proposed rulemaking adds requirements for training as newly-employed teachers enter theprofession. When teachers enter the classroom for the first time, they are required to complete aninduction program that includes a variety of professional support services, often delivered under theguidance of a mentor teacher, to facilitate entry into the education profession. Induction programstypically span an educator’s first year in the classroom, and, under the proposed rulemaking, would makesupports available for at least the first two years of an educator’s career. The proposed rulemaking wouldrequire induction programs for newly-employed educators to include training in CR-SE, as describedabove, and in professional ethics.

Finally, the proposed rulemaking adds requirements for training as part of continuing professionaldevelopment for current educators. Act 48 of 1999 requires Pennsylvania educators to completecontinuing education requirements every five years in order to maintain an active teaching certificate.Educators must earn either six credits of collegiate study, six credits of Department-approved continuingprofessional education courses, or 180 hours of continuing professional education programs, activities, orlearning experiences through a Department-approved provider to maintain active certification status.

Further, both section 1205.1 of the Public School Code of 1949 and section 49.17 of Chapter 49 requireschool entities to develop continuing professional education plans every three years. The existingrequirements of Chapter 49 further require that professional education plans must address training inmeeting the needs of diverse learners (defined as students with limited English language proficiency orstudents with disabilities), improving language and literacy acquisition, and closing the achievement gapamong students. The proposed rulemaking would require that continuing professional education forcurrent educators also include training in CR-SE, structured literacy, and professional ethics.

The proposed substantive amendments are intended to support efforts to improve educator recruitment,increase the number of classrooms staffed by fully prepared teachers, increase retention in the profession,

4

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and improve swdent outcomes by strengthening the preparation of new educators, creating conditions toprovide more support for educators as they enter the classroom, and by improving the skill sets of currenteducators in working with an increasingly diverse student population.

(11) Are there any provisions that are more stringent than federal standards? If yes, identify the specificprovisions and the compelling Pennsylvania interest that demands stronger regulations.

The proposed amendments to Chapter 49 are not more stringent than federal standards.

(12) How does this regulation compare with those of the other states? How will this affect Pennsylvania’sability to compete with other states?

An educated workforce is imperative to maintaining Pennsylvania’s economic competitiveness. Amongthe challenges facing the Commonwealth, enrollment in traditional educator preparation programs inPennsylvania has decreased by 67% since 2010, with a slight increase between 2017 and 2018. This trendis consistent with declines in teacher preparation program enrollments nationally that fell by 35% between2009 and 2014. Proposed amendments to Chapter 49 are necessary to improve efforts to recruit andretain effective educators in Pennsylvania to sustain access to high-quality education that is critical tomaintaining the state’s competitiveness.

Relative to induction programs, as of October 2019, 31 states require either induction and/or mentoringsupport for new teachers. Of those, 10 states require induction and/or mentoring for one year, 10 statesrequire induction and/or mentoring for two years, and seven states require induction and/or mentoring forthree years or not more than three years. Thus, the majority of states that require induction or mentoringfor new teachers establish programs that are greater than one year of support. Proposed amendments toextend the length of induction programs in Pennsylvania would make our requirements more consistentwith the majority’ of states that require such support for new educators.

Other states also are beginning to adopt culturally responsive teaching standards that addresscompetencies for educators similar to those proposed in this rulemaking. Alaska’s State Board ofEducation and Early Development adopted Cultural Standards for Educators as part of the AlaskaStandards for Culturally-Responsive Schools. State regulations in Alaska require these standards to beintegrated into teacher preparation and hirther connect some of the state’s cultural standards to teacherevaluation. At the direction of its state legislature, Washington state’s Professional Educator StandardsBoard developed Cultural Competency Standards that are incorporated into teacher preparation,induction, and ongoing professional development. Alabama’s Continuum for Teacher Developmentincludes multiple expectations for teachers to develop culturally responsive instructional practices atdifferent points in their career. Other states, including Minnesota, California, North Carolina, Ohio, andWest Virginia, include elements of cultural awareness in their teaching standards. Finally, the InterstateNew Teacher Assessment and Support Consortium, supported by the Council of Chief State SchoolOfficers, also updated its Model Core Teaching standards to include a focus on cultural responsiveness in

Page 6: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

the classroom.

The Board’s proposed rulemaking also would require instruction and training in structured literacy, andother states either have adopted or are considering comparable policies that focus reading instruction onscientifically-based research. Rhode Island adopted legislation in 2019 that will require individualspreparing to become teachers to be trained in scientific reading instruction arid structured literacy, andthat further requires current educators to receive professional development in these competencies andrequires elementary-level educators to demonstrate proficiency in these competencies. Colorado also hasadopted legislation that requires all kindergarten through third grade teachers to receive evidence-basedLraining in teaching reading by the 2020-2021 school year and to provide this training to newly-hiredteachers after that date. Indiana’s elementary education certification standards require candidates forcertification to demonstrate a broad and comprehensive understanding of effective reading instructiongrounded in scientifically-based reading research. In January 2020, Ohio released an updated state literacyplan that calls for increasing educator capacity in the science of reading, among a number of other actionsto align reading instruction with evidence-based practices. In 2019, Minnesota enacted legislation tosupport students in reading proficiently no later than the end of third grade that includes staffdevelopment for elementary educators in scientifically-based reading instruction.

Finally, while most states have adopted codes of ethics or codes of professional practice that educatorsmust abide by, requirements specific to training in these codes vary, in Illinois, insen’ice teacher trainingprovided by districts must include training in educator ethics and teacher-student conduct. Texas requireseducation preparation programs to include the Code of Ethics and Standard Practices for Texas Educatorsin the curriculum delivered to individuals studying to become educators. The proposed rulemaking wouldestablish similar training requirements to ensure Pennsylvania educators are fully aware of the ethicalpractices expected of them as professionals.

(13) Will the regulation affect any other regulations of the promulgating agency or other state agencies?If yes, explain and provide specific citations.

In considering proposed amendments to Chapter 49, the Board’s Teacher and School LeaderEffectiveness Committee recommended that Department of Education conduct a review of its regulationsgoverning Preparation of Professional Educators in 22 Pa. Code, Chapter 354 to consider related educatorpreparation issues identified by stakeholders that fall under that other Chapter.

(14) Describe the communications with and solicitation of input from the public, any advisorycouncil/group, small businesses and groups representing small businesses in the development and draftingof the regulation. List the specific persons and/or groups who were involved. (“Sniall business” isdefined in Section 3 of the Regulatory Review Act, Act 76 of 2012.)

In July 2018, the Department of Education held three stakeholder meetings in Philadelphia, Harrisburg,and Pittsburgh to gather feedback on issues pertaining to educator preparation and certification. Theforums drew an attendance of 234 stakeholders representing institutions of higher education, schooladministrators, teachers, parents, representatives of advocacy groups, and more. (Names and affiliationsof the stakeholders who attended these meetings are published in a summary report available on theBoard’s website here:hit2’,: \\ \\ U .rthitcboaid .cduca on, pa UOV Doc ujuctits \ bout 2Uthc° 2O Board l-Icann.ts h2fland’ 2 RoimdtablcsLPlo2()Rcport°21)Examiiiinu,2UEducator? 2flCcit’2flin’2UP;\.pdI). Input from theseconvening’s informed a set of recommendations for updates to Chapter 49 that the Secretary of Education

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developed and presented to the Board for its consideration in November2018.

After accepting the Secretary’s recommendations on its agenda for consideration, the Board’s Teacherand School Leader Effectiveness Committee held four public hearings to gather additional input fromstakeholders on the draft proposed amendments prepared by the Secretary. Public hearings were held inPhiladelphia (March 4,2019), Harrisburg (March 14, 2019), Lock Haven (March 28, 2019), andPittsburgh (April 23, 2019). Individuals unable to attend one of the hearings were invited to submitwritten testimony directly to the Board. Testimony was received from varied stakeholders, includingteacher preparation program faculty members at both public and private institutions of higher education,school district superintendents, local school directors, classroom teachers, early childhood educators, andparents. In total, the Board received testimony from 44 individuaLs at its hearings and received anadditional 482 written comments.

In addition to conducting outreach through its hearings, the Board specifically sought input from smaLlbusinesses by submitting a copy of its draft proposed regulations to the Pennsylvania state chapter of theNational Federation of Independent Business (NFIB) and inviting their comments on the proposal.

Further, prior to adopting proposed amendments to Chapter 49, three public comment opportunities weremade available at the July 8,2020, meetings of the Teacher and School Leader Effectiveness Committee,Council of Higher Education, and State Board of Education. A copy of the draft proposed amendments toChapter 49 prepared for consideration by the Teacher and School Leader Effectiveness Committee wasposted on the Board’s website in advance of the July 8,2020, meetings to provide the public with accessto the content that would be the subject of deliberations.

(15) Identify the types and number of persons, businesses, small businesses (as defined in Section 3 of theRegulatory Review Act, Act 76 of 2012) and organizations which will be affected by the regulation. Howare they affected?

The regulation will affect the nearly 1.8 million students enrolled in Pennsylvania’s public school entities,the more than 123,000 classroom teachers that support them, and the 119 educator preparation programproviders that operate in the Commonwealth. Proposed amendments will benefit both our educatorworkiorce and Pennsylvania’s students by strengthening educator preparation to ensure instruction andtraining addresses competencies critical to supporting the needs of students holistically and hinher willstrengthen support for new educators as they enter the profession. Proposed amendments also will creategreater clarity and consistency in implementation of state policies pertaining to educator preparation andcertification by clarifying and updating language in the Chapter and aligning provisions for consistencywith statutory changes.

(16) List the persons, groups or entities, including small businesses, that will be required to comply withthe regulation. Approximate the number that will be required to comply.

The 119 educator preparation programs that operate in Pennsylvania and the students enrolled in theirprograms, school entities (including approximately 700 school districts, intermediate units, area careerand technical schools, charter schools and cyber charter schools), and the more than 123,000 classroomteachers employed in those school entities will be required to comply.

(17) Identify the financial, economic and social impact of the regulation on individuals, small businesses,businesses and labor communities and other public and private organizations. Evaluate the benefits

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Page 8: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

expected as a result of the regulation.

Pennsylvania faces challenges in educator recruitment and retention. Enrollment in traditional educatorpreparation programs has declined by 67% since 2010, which contributes to challenges our schools facein staffing classrooms with hilly prepared educators. The decline in supply and resulting shortagesdisproportionately impact inequities in access to qualified teachers for low-income students and studentsof color. The eight districts that top the state’s list for teacher shortages based on unfilled vacancies areall Title I districts, and six of the eight districts with the greatest teacher shortages serve primarilystudents of color. Title I is a federal program that provides financial assistance to local educationagencies and schools with high numbers or high percentages of children from low-income families.

To address these gaps, the state has become increasingly reliant on long-term substitutes serving onemergency permits to staff classrooms as evidenced by a IOO% increase in the number of emergencypermits issued to districts in Pennsylvania between 2014-15 and 2016-17. These circumstances areconcerning because research demonstrates that teachers with little or no preparation often lead classroomswith lower student outcomes and experience a higher attrition rate from the field. Nationally, 66% ofteacher turnover in 2015-16 was due to pre-retirement attrition. These challenging circumstances demandattention to ensure that all students in Pennsylvania are served by teachers fully prepared to meet theirneeds.

The proposed amendments collectively are intended to support efforts to improve educator recruitment,increase retention in the profession, increase the number of classrooms staffed by fully prepared teachers,and improve student outcomes by strengthening the preparation of new educators, creating conditions toprovide more support for educators as they enter the classroom, and by improving the skill sets of currenteducators in working with an increasingly diverse student population. Increasing retention in theprofession through staffing classrooms with more fully prepared educators can have positive financial andeconomic outcomes for the Commonwealth by reducing the amount of resources focused on recruitmentand training due to staff turnover. Stalling classrooms with more fully prepared educators hirther canengender a positive financial and economic impact on the Commonwealth by improving student outcomesand, thus, creating a more well-prepared workforce.

(18) Explain how the benefits of the regulation outweigh any cost and adverse effects.

As described above, Pennsylvania currently faces challenges in educator recruitment and retention thatrequire attention. In addressing these issues as set forth in the proposed rulemaking, the Board estimatesthat school entities will experience a cost to provide extended support to new educators as they are hiredand that the state will experience a cost to help support training for educators in new competencies.Specific cost estimates are provided in questions 20 and 21. The Board does not anticipate that theproposed rulemaking will result in adverse effects. Rather, investments in improving our currentcircumstances related to educator recruitment and retention can produce longer-term benefits in reducedcosts for new staff training and induction and improved academic outcomes for historically underservedstudents who are disproportionately impacted by the decline in educator supply and resulting shortages.

(19) Provide a specific estimate of the costs and/or savings to the regulated community associated withcompliance, including any legal, accounting or consulting procedures which may be required. Explainhow the dollar estimates were derived.

The Board anticipates that preservice instruction in the new competencies identified in proposed

S

Page 9: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

amendments to Chapter 49 will be integrated throughout educator preparation program coursework.Therefore, the Board anticipates that the proposed amendments will be implemented through the existingpractice of updating the content of required coursework for relevancy and, as such, will not impose a newcost on educator preparation programs.

(20) Provide a specific estimate of the costs and’or savings to the local governments associated withcompliance, including any legal, accounting or consulting procedures which may be required. Explainhow the dollar estimates were derived.

Currently, 58 school entities offer a two-year induction program, designed to provide a variety ofprofessional supports to newly-hired teachers, and another 68 school entities offer a three-year inductionprogram. There are 551 school entities that currently offer a one-year induction program. The proposedregulation would impact those 551 school entities that would need to extend induction programs foranother year. Costs to districts could range from S 1,000 to 55.000 per second-year teacher to supportmentor stipends and additional professional development days. The estimated cost for scaling to two-yearinduction programs statewide is $9,643,000 (based on the 551 school entities that would need to convertfrom a one-year to a two-year induction model and an assumption that each of those school entities wouldsupport seven second-year teachers annually at a cost of $2,500 per second-year teacher).

(21) Provide a specific estimate of the costs and/or savings to the state government associated with theimplementation of the regulation, including any legal, accounting, or consulting procedures which may berequired. Explain how the dollar estimates were derived.

The Department of Education supports induction programs and professional development efforts throughcontractual agreements with Intermediate Units (l.U.s) and other professional development educationalentities within the Commonwealth (such as the Center for Schools and Communities). Some trainingopportunities focused on the new competencies proposed to be added through professional developmentfor classroom teachers already are provided through these entities, and competencies proposed to bereviewed in induction programs can be addressed in these existing agreements. The Board estimates thatthe Department may incur one-time costs to develop and provide additional professional development to1.U. staff in the new competencies for educators proposed in Chapter 49; trained lU, staff then would beavailable to support school entities regionally in delivering induction and professional development inthese new competencies for current classroom educators. This one-time cost is estimated at a total ofS26.750 (based on engaging ten stakeholders over a two-day period to develop new topics and trainings ata cost of $3,000 for facilitators and $2,000 to support expenses related to this work, and a cost of 52 1,750to train one staff person in each of the states 29 I.U.s at a cost of S750 per I.U.). This estimate pertains tonew competencies addressing mental wellness, trauma-informed instruction, cultural awareness, andtechnological and virtual engagement.

Proposed amendments also require training in structured literacy to be included in professionaldevelopment for current classroom educators at the elementary level. Professional development trainingand technical assistance in structured literacy already is available at no cost to school entities through thePennsylvania Training and Technical Assistance Network. The Department intends to enhance and scaleup these current offerings by hiring a statewide lead for structured literacy efforts and establishing astatewide system of supports in structured literacy through the existing network of I.U.s. Costs to supportthis effort are estimated at $350,000 annually (based on an annual cost of $203,000 to support trainings tobe offered by 29 1.U.s estimated at $700/day for 10 days annually and the additional cost of supportingthe salary and benefits of hiring a statewide lead on structured literacy efforts). Support for the first two

9

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years of this work has been budgeted through federal hinds available through the CARES Act set asidehinds.

(22) For each of the groups and entities identified in items (1 9)-(21) above, submit a statement of legal,accounting or consulting procedures and additional reporting. recordkeeping or other paperwork,incLuding copies of forms or reports. which will be required for implementation of the regulation and anexplanation of measures which have been taken to minimize these requirements.

Assurances that new competencies are integrated into educator preparation programs and demonstrationof recruitment and submission of annual reports on students admitted, retained, and graduated fromeducator preparation programs, including students from historically underepresented groups, will bemanaged through the Department of Education’s existing annual review and major review processes.Using this approach, the annual review will be streamlined to eliminate the need for educator preparationproviders to complete a new, stand-alone process to respond to the proposed amendments.

(22a) Are forms required for implementation of the regulation?

No new forms will be required for implementation. As described above, the Department will use existingreview processes to satisfy the proposed amendments.

(22b) If forms are required for implementation of the regulation, attach copies of the forms here. Ifyour agency uses electronic forms, provide links to each form or a detailed description of the informationrequired to be reported- Failure to attach forms, provide links, or provide a detailed description ofthe information to be reported will constitute a faulty delivery of the regulation.

Proposed modifications to the Department’s annual review for educator preparation providers is attached.

(23) In the table below, provide an estimate of the fiscal savings and costs associated withimplementation and compliance for the regulated community, local government, and state government forthe current year and five subsequent years.

Current FY +1 FY +2 FY +3 FY +4 FY +5FY Year Year Year Year Year Year

2020- 2021-2022 2022-2023 2023-2024 2024-2025 21)25-20262021

SAVINGS: $ $ $ $ $ $

Regulated Community 0 0 0 0 0 0

Local Government 0 0 0 0 0 0

State Government 0 0 0 0 0 0

Total Savings 0 0 0 0 0 0

COSTS:

Regulated Community 0 0 0 0 0 0

Local Government 0 $9,643,000 $9,643,000 $9,643,000 $9,643,000 $9,643,000

I0

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State Government 5350,000 5376.750 5350,000 S350.000 S350,000 5350,000

Total Costs 5350.000 510,019,750 59,993,000 59,993,000 59.993,000 59,993,000

REVENUE LOSSES:

• Regulated Community 0 0 0 0 0 0

Local Government 0 0 0 0 0 0

State Government 0 0 0 0 0 0

Total Revenue Losses 0 0 0 0 0 0

(23a) Provide the past three year expenditure history for programs affected by the regulation.

Program FY -3 FY -2 FY -1 Current FY2017-2018 2018-2019 2019-2020 2020-2021

General 25,971,000 26,947,000 28,323,000 10,710,000*GovernmentOperations *reflects partial(Department of funding throughEducation) November 2020

per Act IA

. . 5,995,079,000 6.095.079,000 6.742,838,000 6,742.838.000Basic EducationFunding

5,959,000 5,309,000 5,309,000 2,212,000TeacherProfessional

*reflects partialDevelopmentfunding throughNovember 2020per Act IA

(24) For any regulation that may have an adverse impact on small businesses (as defined in Section 3 ofthe Regulatory Review Act, Act 76 of 2012), provide an economic impact statement that includes thefollowing:

(a) An identification and estimate of the number of small businesses subject to the regulation.(b) The projected reporting, recordkeeping and other administrative costs required for compliance

with the proposed regulation, including the type of professional skills necessary for preparation ofthe report or record.

(c) A statement of probable effect on impacted small businesses.(d) A description of any less intrusive or less costly alternative methods of achieving the purpose of

the proposed regulation.

The proposed regulation tvill not have an adverse impact on small businesses.

Ii

Page 12: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

(25) List any special provisions which have been developed to meet the particular needs of affectedgroups or persons including, but not limited to, minorities, the elderly, small businesses, and farmers.

The proposal requires all Pennsylvania educators and those studying to enter the profession to receivetraining or instruction in culturally relevant and sustaining education. This requirement is designed toensure equity for alL students and seeks to eliminate systemic institutional racial and cultural bathers thatinhibit the success of all Pennsylvani&s students — particularly those who have been historicallyunderrepresented.

(26) Include a description of any alternative regulatory provisions which have been considered andrejected and a statement that the least burdensome acceptable alternative has been selected.

The Board considered a recommendation to require educator preparation programs to provide two yearsof support for graduates of their programs as they enter the classroom as new educators. Concerns wereexpressed with this approach to providing extended support for new educators both by institutions ofhigher education and local school governing boards. Parties that would have been affected by therecommendation identified a need for a clear delineation of responsibility in decision-making and indelivery of support for new educators under this approach. Further, logistical challenges were identifiedwith the recommend as it was structured in a manner that could require educator preparation programproviders to be intimately familiar with the induction plans of hundreds of school entities, would createadditional responsibilities for educator preparation program faculty, and would add responsibility forschool administrators to manage relationships with multiple educator preparation programs on an annualbasis while still needing to maintain their own new educator support programs for candidates hired fromout-of-state preparing institutions.

In light of these concerns, the Board removed the recommendation to require educator preparationprograms to provide two years of support for their program graduates as they enter the profession.Alternatively, the Board proposed extending existing induction programs to two years with responsibilityfor designing and delivering induction programs retained by school entities. This alternative construct willcontinue to meet the goal of providing extended support for new educators in a less burdensome mannerby allowing for centralized planning for induction programming, ensuring consistency in the supportsprovided to new educators within each school entity, and allowing school entities to determine howeducator preparation programs can best serve as partners in delivering this support.

(27) In conducting a regulatory flexibility analysis, explain whether regulatory methods were consideredthat will minimize any adverse impact on small businesses (as defined in Section 3 of the RegulatoryReview Act, Act 76 of 2012), including:

a) The establishment of less stringent compliance or reporting requirements for small businesses;b) The establishment of less stringent schedules or deadlines for compliance or reporting

requirements for small businesses;c) The consolidation or simplification of compliance or reporting requirements for small businesses;d) The establishment of performance standards for small businesses to replace design or operational

standards required in the regulation; ande) The exemption of small businesses from all or any part of the requirements contained in the

regulation.

I?

Page 13: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Small businesses are not pan of the regulated community affected by the proposed regulation.

(28) If data is the basis for this regulation, please provide a description of the data, explain in detail howthe data was obtained, and how it meets the acceptability standard for empirical, replicable and testabledata that is supported by documentation, statistics, reports. studies or research. Please submit data orsupporting materials with the regulaton’ package. If the material exceeds 50 pages, please provide it in asearchable electronic format or provide a list of citations and internet links that, where possible, can beaccessed in a searchable format in lieu of the actual material. If other data was considered but not used,please explain why that data was determined not to be acceptable.

In preparing proposed amendments to Chapter 49, the Board reviewed data from the Department ofEducation on enrollment trends in Pennsylvania’s educator preparation programs, measures of teachershortages based on the issuance of emergency permits and the supply gap (identified by comparing thenumber of potential retirees age 55 or older or those with 30 or more years of service to the number ofnew certifications issued), and subject area shortages. This data was reviewed both through annualreports on human capital presented to the Board by the Department and through a report prepared by theLearning Policy Institute that informed recommendations prepared by the secretary of Education onupdating Chapter 49.

A copy of the Department of Educatio&s Annual Human Capital Report, presented in July 2020, isincluded with the proposed regulation for review.

The report of the Learning Policy Institute titled “Examinhig Educator Certification in Pennsvli’a,,ia:Research and Reconznzendationsfbr Chapter 49” is accessible on the Board’s website here:littl)N: \\ \\\\ .SL tC[I( (d.e(It.tcatioILpa.uo\ DOCUIflLIltS \litittn2Uthe’UBcrd I IeIrInLN°c2Oand2ORtiuudtahle LPI°U2OReport’kn2OExanhlninu2t)Edud11UF2t)Cert°2t)in?n201’.\.ndF

(29) Include a schedule for review of the regulation including:

A. The length of the public comment period: 30 days

B. The date or dates on which any public meetings or hearingswill be held:

January 13-14, 2021March 10-11,2021May 5-6, 2021JuLy 14-15, 2021September 8-9, 2021November 17-18, 2021

C. The expected date of delivery of the final-form regulation: May 2021

D. The expected effective date of the final-form regulation: August 2021

E. The expected date by which compliance with the final-formregulation will be required: August 2021

13

Page 14: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

F. The expected date by which required permits, licenses or otherapprovals must be obtained:

______N/A______

(30) Describe the plan developed for evaluating the continuing effectiveness of the regulations after itsimplementation.

Per 22 Pa. Code, Section 49.51(b). the Board will conduct a major review of its certification regulations at10-year intervals. In the time between the promulgation of amendments to Chapter 49 as final and thenext major review of the Chapter, the Board will monitor the effectiveness of the regulation throughannual reports on the status of certification in the Commonwealth required to be delivered by theDepartment of Education per 22 Pa. Code, Section 49.51(a). The Board will further evaluate theeffectiveness of the regulations through reports of the Deputy Secretary for Postsecondary and HigherEducation and the Deputy Secretary for Elementary and Secondary Education that are delivered regularlyat the six public meetings the Board is statutorily required to convene annually. These reports provide atimely means to keep the Board informed about the Departmen(s implementation of proposed changes toChapter 49, monitoring of implementation by education preparation program providers through theDepartment’s existing major review process, and feedback the Department is receiving from schools andhigher education institutions in the Commonwealth.

14

Page 15: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 16: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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—-

Page 17: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 30: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 33: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 37: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 38: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 39: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 40: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 41: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 43: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 45: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 46: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 47: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 48: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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Page 49: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

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FACE SHEETFOR FILING DOCUMENTS

WITH THE LEGISLATIVE REFERENCE BUREAU

(Pursuant to Commonwealth Documents Law)DEC — 8 2020

Independent RegulatoryReview Commission

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DO NOT WRITE IN THIS SPACECopy below Is hereby approved as to Copy below is here by certified to be a true and correct copy Copy below is hereby approved as to form(on,, and legality Attorney General of a document issued, prescribed or promulgated by: and legality Executive or lndependenl Agencies.

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12/3/2020 DATE OF ADOPTiON July 8.2020DATE Or APPRO.AL

BYDATE OF APPROVAL

eputy General Counsel(Chef Counsel. Independent Agency)

.

. TITLE Executive Director_____________________ (Strike inapplicable lillelCheck (applicable, EXECUTIVE OFFICER. CHAIRMAN DR SECRETARY)Copy not approved ObjectIons

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Page 50: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

PROPOSED RULEMAKING

STATE BOARDOF EDUCATION

122 PA. CODE CII. 491

Certification of Professional Personnel

The State Board of Education (Board) proposes to amend Chapter 49 (relating to

certification of professional personnel) to read as set forth in Annex A. The Board is acting

underthe authority of sections 1109, 1141,2603-B, and 2604-B of the Public School Code

of1949(24P.S. 11-1109, 11-114l,26-2603-Band26-2604-B).

Pit ‘pose

Chapter 49 sets forth requirements for educator preparation, certification.

induction, and ongoing professional education.

Background

In July 2018, the Department of Education (Department) invited interested

stakeholders to participate in dialog on issues surrounding educator preparation and

certification. Attendees at forums held in Philadelphia, Harrisburg, and Pittsburgh provided

input on potential changes to state policy that could strengthen preparation and certification

and strategies to advance the Department’s other priorities for the educator workforce,

including diversifting Pennsylvania’s educator workforce and ensuring all students have

equitable access to effective teachers. Stakeholder feedback from these convenings was

considered in tandem with a review of research on the impact and effectiveness of policy

changes suggested by stakeholders in a report prepared for the Department by the Learning

Policy Institute (LPI).

Page 1 of26

Page 51: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Guided then by input from diverse stakeholders and a review of related academic

literature, the Secretary of Education presented a set of recommendations for updating

Chapter 49 to the Board in November 2018. The Board accepted the Secretas

recommendations on its agenda for consideration and initiated a major review of Chapter

49 that is to occur at ten-year intenals per 22 Pa. Code, Section 49.51(b) with the

Secretary’s recommendations serving as a starting point for that review.

The Board, through its Teacher and School Leader Effectiveness Committee

(Committee), held four public hearings on the Secretary’s recommended updates to

Chapter 49 and invited additional testimony from stakeholders on the Chapter broadly. In

advance of the hearings, draft proposed amendments to Chapter 49 prepared by the

Secretary were posted on the Boards website for public review. Hearings were held at the

Philadelphia School District administration building on March 4,2019, at the Department

of Education in Harrisburg on March 14, 2019, at Lock Haven University on March 28,

2019, and at the Allegheny Intermediate Unit on April 23, 2019. In addition to providing

an opportunity to testify before the Committee, the Board also invited individuals to submit

written testimony on draft proposed revisions to Chapter 49.

Individuals affiliated with small businesses were welcome to participate in the

public hearings convened by the Committee and to submit written testimony to the Board.

In addition, the Board invited comments on the impact of draft proposed amendments on

small businesses directly from the Pennsylvania chapter of the National Federation of

Independent Business prior to adopting the proposed rulemaking.

Comments received during this process were taken into consideration by the Board

in making fiffiher revisions to the Secretarys recommendations. Draft proposed

Page 2 of 26

Page 52: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

amendments to Chapter 49 were reviewed and approved by the Committee and by the

Council of Higher Education before being adopted by the Board as a proposed rulemaking

at its public meeting on July 8, 2020.

Need/br the rule

This proposed rulemaking has two aims — conforming the Chapter to changes in

state statute and enhancing educator preparedness by establishing new training

requirements related to culturally responsive and sustaining education (CR-SE), structured

literacy, and professional ethics.

The majority of proposed revisions reflect technical amendments to align certain

provisions of Chapter 49 with statutory changes to the School Code, clarify ambiguous

language, and update language for relevancy.

Substantive changes related to educator training are needed to address concerns

surrounding Pennsylvania’s supply of effective educators. Chapter 49 directs the

Department of Education to report annually to the Board on the status of certification in

the Commonwealth (see 22 Pa. Code, Section 49.51(a)). Data presented in the

Department’s July 2020 annual human capital report shows that enrollment in traditional

educator preparation programs in Pennsylvania has decreased by 67% since 2010, with a

slight increase between 2017 and 2018.

This downward trend is consistent with declines in educator preparation program

enrollments nationally that fell by 35% between 2009 and 2014. Data on national educator

preparation program enrollments was presented by LPI in a presentation titled National

Trends in Teacher Preparation and Ce,tfI•aiioti”that was delivered at a public meeting

of the Board in March 2019. The steep decline in the number of individuals preparing for

Page 3 of 26

Page 53: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

a career in education is a contributing factor to the challenges districts face in hiring hilly

prepared educators. Issues surrounding educator supply fUrther are compounded by

persistent teacher shortages in certain geographic areas and subject areas.

The decline in supply and resulting shortages disproportionately impact inequities

in access to qualified teachers for low-income students and students of color. A report

prepared by LPI titled “Examining Educator Cerilfication hi Peniisyh’ania: Research and

Reconmiendations for Chapter 49” notes that the eight districts that top the state’s list for

teacher shortages based on unfilled vacancies are aLL Title I districts. Title I is a federal

program that provides financial assistance to local education agencies and schools with

high numbers or high percentages of children from low-income families. Collectively, in

2016-17, these districts served over 13% of the stat&s overall student population and over

30% of student of color in Pennsylvania. According to the LPI report, six of the eight

districts with the greatest teacher shortages serve primarily students of color.

To address these gaps, the state has become increasingly reliant on long-term

substitutes serving on emergency permits to staff classrooms as evidenced by a 100%

increase in the number of emergency permits issued to districts in Pennsylvania between

2014-15 and 2016-17. Data on the increasing reliance on emergency permits was presented

to the Board in the DepartmenCs 2018 annual certification report and further reported in

the aforementioned report prepared by LPI. These circumstances are concerning because

research demonstrates that teachers with little or no preparation often lead classrooms with

lower student outcomes and experience a higher attrition rate from the field. Nationally,

66% of teacher turnover in 2015-16 was due to pre-retirement attrition, as reported by LPL

in its March 2019 presentation at a public meeting of the Board.

Page 4 of 26

Page 54: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

While significant turnover occurs before educators reach retirement age, the Board

also gauged Pennsylvania’s educator workforce needs by reviewing data on the supply gap

as measured by potential retirements. In 2018-19, 12% of teachers were close to or at the

age of retirement (defined as age 55 or older) and, in that same year, 5% of teachers were

close to retirement based on years of services (defined as 30 or more years of service) as

evidenced by data in the Department’s July 2020 annual human capital report.

Proposed amendments also are intended to reinforce the professional integrity

expected of both new and experienced educators. The Professional Standards and Practices

Commission, the state body charged with adjudicating educator misconduct, has seen its

caseload more than triple over the past five years according to data from the Commission.

The Commission disciplines nearly 300 educators annually, and the Department of

Education’s Office of Chief Counsel currently has more than 2,000 educator misconduct

complaints pending. Protecting students from educator misconduct is of the utmost

imperative. Through these proposed amendments, the Board seeks to ensure that

Pennsylvania educators are prepared not just in pedagogy and content knowledge, but that

they also possess a clear understanding of the ethical practice that is expected of them.

Collectively, these challenging circumstances require attention to ensure that all

students in Pennsylvania are served by teachers ftilly prepared to meet their needs. To

address these challenges, the Board is proposing new educator training requirements that

would be integrated throughout three points in an educator’s career to provide a continuum

of professional learning.

First, the proposed rulemaking adds requirements for instruction for presen’ice

educators, which would be delivered as pan of undergraduate or alternative post

PageS of 26

Page 55: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

baccalaureate programs for individuals who are working toward earning a teaching

certificate. Under the proposed rulemaking, individuals studying to become teachers would

need to complete instruction in professional ethics, structured literacy, and CR-SE. CR-

SE is inclusive of mental wellness, trauma-informed instruction, cultural awareness, and

tecimological and virtual engagement.

Second, Lhe proposed rulemaking adds requirements for training as newly-

employed teachers enter the profession. When teachers enter the classroom for the first

time, they are required to complete an induction program that includes a variety of

professional support services, often delivered under the guidance of a mentor teacher, to

facililate entry into the education profession. Induction programs typically span an

educators first year iii the classroom. and. under the proposed rulemaking, would make

supports available for at least the first two years of an educators career. The proposed

rulemaking would require induction programs for newly-employed educators to include

training in CR-SE, as described above, and in professional ethics.

Finally, the proposed rulemaking adds requirements for training as part of

continuing professional development for current educators. Act 48 of 1999 requires

Pennsylvania educators to complete continuing education requirements every five years in

order to maintain an active teaching certificate. Educators must earn either six credits of

collegiate study, six credits of Department-approved continuing professional education

courses, or 180 hours of continuing professional education programs, activities, or learning

experiences through a Department-approved provider to maintain active certification

status.

Page 6 of 26

Page 56: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Further, both section 1205.1 of the Public School Code of 1949 and section 49.17

of Chapter 49 require school entities to develop continuing professional education plans

every’ three years. The existing requirements o 1 Chapter 49 further require that professional

education plans must address training in meeting the needs of diverse learners (defined as

students with limited English language proficiency or students with disabilities), improving

language and literacy acquisition, and closing the achievement gap among students. The

proposed rulemaking would require that continuing professional education for current

educators also include training in CR-SE, structured literacy, and professional ethics.

The proposed substantive amendments are intended to support efforts to improve

educator recruitment, increase the number of classrooms staffed by fully prepared teachers,

increase retention in the profession, and improve student outcomes by strengthening the

preparation of new educators, creating conditions to provide more support for educators as

they enter the classroom, and by improving the skill sets of current educators in working

with an increasingly diverse student population.

Provisions oft/ic Proposed Rulemaking

The majority of revisions in the proposed rulemaking make technical amendments

to either align provisions of Chapter 49 with statutory changes, clarify language, or update

language for reLevancy. The balance of proposed amendments establish new competencies

for educators to be incorporated both in presen’ice instruction for individuals preparing to

enter the field and in training delivered through induction programs and professional

development for current educators. The rulemaking also proposes strengthening supports

for beginning educators by extending the length of induction programs. Finally, the

proposed rulemaking creates additional certification pathways for school psychologists.

Page 7 of 26

Page 57: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Section 49. 1. Definitions.

Proposed amendments to Section 49.1 add a new definition for “alternative

program provider.” Act 21 of 2011 created new powers and duties for the Secretary of

Education through the addition of Section 1207.1 to the Public School Code of 1949. These

powers permit the Secretary to evaluate and approve postbaccalaureate certification

programs and to evaluate and approve qualified providers of postbaccalaureate certification

programs, which may include providers other than institutions of higher education. The

definition of “alternative program provider” is being added as a technical revision to align

the regulation with the authorization in statute permitting the Secretary of Education to

approve such providers and to acknowledge the current landscape of educator preparation

providers that is inclusive of approved alternative programs. References to alternative

program providers also are incorporated throughout the Chapter as appropriate to recognize

the presence of alternative program providers.

The term “approved teacher certification program’S is being updated For relevance

to refer to Thpproved educator preparation program.” This proposed revision to

terminology recognizes that preseiwice education providers offer a breadth of programming

that extends beyond preparing individuals to serve only as classroom teachers. The

definition also is being updated to reflect the presence of alternative program providers, as

described in the proposed new definition above.

A new definition for “baccalaureate degree” is being added as a technical

amendment to provide context for individuals qualified to pursue certification through an

alternative program provider as defined in statute. Requirements established in Section

PageR of 26

Page 58: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

1207.1 of the Public School Code of 1949 set forth that such programs may be offered at

die postbaccalaureate level.

The existing definition oC”professional certified personnel” is being revised to refer

to “certified personnel” to clarify professional as certified and to reflect the application of

the term as applied in current inter-state reciprocity agreements.

A new definition of”cornpleter’ is being added to differentiate between a candidate

who has met all requirements in a certification program and candidates who have received

a certificate, as some completers do not become certified.

A definition For “culturally relevant and sustaining education” (CR-SE) is being

added to describe new competencies for educators in which instruction and training would

be required under the proposed rulemaking. The definition of CR-SE includes the

following specific competencies: mental wellness, trauma-informed approaches to

instruction, technological and virtual engagement, and cultural awareness.

The existing definition for the “Professional Educator Discipline Act” is being

updated to the “Educator Discipline Act” to appropriately refer to the Act as it was renamed

by Act 120 of 2013. References to the “Professional Educator Discipline Act” throughout

the entirety of the Chapter also are updated accordingly to align with the title as changed

in statute.

A new definition for “historically underrepresented groups” is being added to

provide context for reporting under Section 49.14(4)(v).

A new definition for “professional ethics” is being added to provide context for

instruction and training for educators in ethical practice and professional integrity that

would be required under the proposed rulemaking.

Page 9 of 26

Page 59: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

The term “school entity” is being updated to replace the existing reference to “area

vocational-technical schools” with “area career and technical schools.” This amendment

aligns language included in the definition with terminology as its was updated throughout

the Public School Code of 1949 under revisions enacted by Act 76 of 2019.

A new definition for “structured literacy” is being added to provide context for

instruction and training for educators in these competencies that would be required under

the proposed rulemaking.

A new definition of”subject area” is being added to distinguish content instruction

from grade spans.

Section 49.12. Eligibility.

References to providing a physician’s certification in Section 49.12(2) are deleted

as such certificates are no longer required in statute.

Section 49.12(4) is amended for clarification.

Section 49. 13. Policies.

Amendments replacing the term “teacher education” with “educator preparation”

are reflected in Sections 49.13(b)(1) and 49.13(b)(4) to update language for relevancy and

to reflect proposed updates to the definition of “approved educator certification program”

in Section 49.1. Parallel amendments to this terminology are reflected throughout the

balance of the Chapter for greater accuracy and relevancy in identifying the breadth of

program offerings by presenice education providers.

Section 49.13(4)(ii) requires instruction in professional ethics to be integrated

throughout educator preparation programs and directs the Department to determine

whether this requirement is being satisfied by educator preparation providers. This

Page 10 of 26

Page 60: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

instruction must align with standards for competencies in professional ethics that would be

developed by the Department as set forth elsewhere in the proposed rulemaking (Section

49.14(4)(i)).

Section 49.13(c) is being updated for clarity and to reference the proposed new

definition of mlternative program provider” to recognize the presence of alternative

providers in the landscape of educator preparation programs.

Section 49.13(f) is being added to the regulation to address procedures for

evaluating applicants for certification who seek certification after their educator

preparation program has closed or been discontinued. This addition is intended to ensure

there are no gaps in the evaluation of applicants.

Section 49.14. Approval of Institiitio,;s am? Alternative Program Providers.

The title of this section is being updated to reference the proposed new definition

of “alternative program provider” to recognize the inclusion of such providers in Section

1207.1 of the Public School Code of 1949. References to “alternative program provider”

are added throughout the section, and throughout the balance of the Chapter as appropriate,

to reflect the Secretary of Education’s responsibility for approving such providers as

established by Act 24 of 2011.

Proposed amendments to Section 49.1 4(4)(i) require educator preparation program

providers to deliver instruction that includes competencies, coursework, and Held

experiences in professional ethics, structured literacy, and CR-SE, inclusive of mental

wellness, trauma-informed approaches to instruction, cultural relevancy, and virtual

instruction. The section further would require the Department of Education to identiFy the

competencies and to develop standards for them.

Page 11 of 26

Page 61: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Section 49.14(4)(iv) would grant more discretion over clinical experiences to the

Secretary in consultation with the Board.

Section 49.14(4)(v) establishes annual reporting requirements for educator

preparation programs on students admitted, retained, and graduated, including students

from historically underrepresented groups.

Amendments to Section 49.14(4)(vii) better clarify the institutional approval

process.

Section 49.1 4(4)(viii) would grant more discretion over clinical experiences to the

Secretary in consultation with the Board.

Section 49.l4(4)(x) is revised to clarify the Board’s role in consulting with the

Secretary of Education to approve achievement targets.

Amendments to Section 49.14(6) are added to acknowledge the need of educator

preparation programs to comply with federal requirements.

Section 19. 15. Approval ojexpt’iinieiittil programs.

As noted in the section above, the proposed new definition for “alternative program

provider’ is being added to relevant provisions throughout the Chapter to recognize their

inclusion in the landscape of educator preparation programs.

Section 49.15 also adds a cross-reference to Section 49.13 for clarification to

highlight needs for experimental programs to meet requirements.

Section 49. 16. Approval qf indite/ion plans.

The Board proposes to amend Section 46.16(a) to strengthen the supports available

to beginning educators by extending the length of induction programs to two years.

Page 12 of 26

Page 62: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Proposed amendments to Section 49.16(c) direct school entities to include

professional ethics, cognitive competencies, and CR-SE in induction program plans for

new educators.

Section 49.17. Co,itinuhigprofi’ssional education.

Proposed amendments to Section 49.17(a)(6) require school entities to provide

professional development in CR-SE, structured literacy, and professional ethics.

The proposed amendments direct school entities to address delivery of training in

CR-SE for current educators as part of existing continuing professional education plans.

Inclusion of trauma-informed approaches to instruction as a component of professional

development for current educators, which would be required by the inclusion of CR-SE in

Section 49.17(a)(6), is consistent with the recent additions of Section 1205.1 and Section

1205.7 to the Public School Code of 1949 that require school entities’ professional

education plans to include trauma-informed approaches.

In addition to providing a foundation in professional ethics for individuals

preparing to enter the profession as established earlier in the proposed rulemaking, training

in professional ethics also would be delivered to current educators under revisions to

Section 49.1 7(a)(6) that direct school entities to address professional ethics as a component

of their continuing professional education plans.

Finally, revisions proposed to Section 49.1 7(a)(6) would require school entities to

provide training in structured literacy for educators at the elementary level as part of

existing continuing professional education plans.

Page 13 of26

Page 63: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Section 49.17(b) and Section 49.17(c) reflect teclmical amendments to align the

regulation with Section 1205.5 and Section 1217 of the Public School Code of 1949 that

set forth requirements for continuing professional education for school and system leaders.

Amendments to Section 49,17(d) align terminology in this section with proposed

amendments to the definition of”certified personnel” in Section 19.1.

Section 49. 18. Assessment.

Amendments to Section 49.18(a) and its subsections provide clarification that

assessments used to demonstrate the knowledge and skills delineated in this section may

be stand-alone measures. These clarifications reflect existing practice in preset-vice

assessment.

Section 49.18(b) is amended for grammatical consistency with the proposed

amendments to Section 49.18(a) and its subsections.

Section 49.18(4)(c) is edited for clarification and for cross-refence to changes

enacted by Act 168 of 2014. Act 168 established satisfactory achievement of the basic

skills assessment as a requirement to be reached prior to formal entry into a certification

preparation program and further established that candidates enrolled in a postbaccalaureate

certification program are not required to take and pass a basic skills assessment.

In Section 49.18(4)(d), the Board is proposing to establish a more feasible

timeframe for conducting periodic reviews of assessments required for certification by

changing the timeframe from every three years to every five years.

Section 49.l8(4)(e) is being revised to clari’ that certifications added-on through

testing by individuals with an Instructional I or Intern Certificate may be issued in related

subject areas, and retains the exclusion for all special education certificates to be added-on

Page 14 of 26

Page 64: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

through testing. Proposed amendments to this section also claril’ the Board’s role in

consulting with (he Secretan’ in identifying other certification areas that may be excluded.

Section 49.31. Criteria/br eligibility.

Section 49.31 adds language to include approved private schools and eligible

providers as defined in Title 22, Chapter 405.2 to reflect changes in statute.

Section 49.65. OutqfState and Nationally—certified applicants.

Section 49.65(a)(3) is being revised to make clear that the section refers to subjects

on out-of-state certificates, rather than to subjects that the candidate desires to teach.

Section 49.65(d) is being added to permit school psychologists certified by the

National Association of School Psychologists to be granted the highest level cenilicate

available for certification as a school psychologist. This revision parallels existing policy

for classroom teachers in Section 49.65(c) that permits educators certified by the National

Board for Professional Teaching Standards to be granted the highest level certificate

applicable.

Section 49.65(e) is revised to reflect more accurate terminology and to make clear

that a candidate must demonstrate mastery of the “certification” area. not the “subject”

area. Also in this section, the existing reference to “bachelor’s” is replaced with

“baccalaureate” to align with the new proposed definition of “baccalaureate degree” in

Section 49.1.

Multiple provisions of Chapter 49 are being updated to reflect changes made to

statute by Act 24 of 2011, including amendments to Section 49.65(1). Act 24 modified

eligibility requirements, set forth in Section 1206(a) of the Public School Code of 1949,

for issuing instructional certificates to candidates who hold a valid certificate from

Page 15 of 26

Page 65: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

another state. Technical amendments presented in Section 49.65(1) bring the regulation

in line with eligibility requirements as now defined in statute regarding the experience

that must be demonstrated by out-of-state candidates certified in another state who are

seeking certification in Pennsylvania. Proposed revisions to this section also add

references to educational specialist, supervisory, and administrative certificates to clarify

the types of certificates to which these requirements apply.

Section 49. 72. Categories of certificates and letters of eligibilth’.

Section 49.72(a)( 10) renames the category of “Vocational Education Certificates”

as “Career and Technical Education Certificates.” This terminology update is consistent

with global terminology changes enacted throughout the Public School Code of 1949 by

Act 76 of 2019.

Section 49.82. Instntctio,,al I

Section 49.82(a) adds language for consistency with Chapter 405.2 regarding

eligible providers and in acknowledgement of additional providers for qualified service

Leading to conversion of Instructional Level Ito Instructional Level II certification.

Section 49.83. Instructional If.

The proposed amendment to Section 49.83(1) establishes completion of a two-year

induction program as a requirement to earn an Instructional II certification. This revision

is included for consistency with the proposed amendments to Section 46.16(a) that would

strengthen the supports available to beginning educators by extending the length of

induction programs to two years.

Section 49.84. Collegiate credit acceptable for conversion of the Instructional f

Certificate.

Page 16 of 26

Page 66: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Section 49.84(a) adds reference to “approved associate degree-granting

institutions” to permit credits earned at a community college to be accepted toward credits

required to convert an Instructional Level Ito an Instructional Level II certificate.

Section 49.84(c) adds language to permit graduate credits earned before an

individual becomes certified to count toward the credits required for conversion of a Level

I certificate.

Sect ion 49.85. Linzitatioiis.

Section 49.85(c) reflects tecimical amendments to align the regulation with changes

to Special Education certificates enacted by Act 82 of 2018. These statutory changes

modified the grade spans and ages for such certificates and decoupled the requirement for

special education certificates to be issued in tandem with an additional content area

certificate.

Language in Section 49.85(Q(2) is being updated for clarity.

Section 49.85(g) updates existing language that permits the Secretary ofEducation

to grant exceptions in response to shortages of certified personnel to include an effective

date ofJanuaiy 1,2022. This revision aligns the date ofapplicability with Act 82 of 2018.

Section 49. 86.Accelerated program for &zrlv Childhood and Elenientan’/Middlc

level certificate holders.

The amendment to Section 49.86 separates the words “certificate” and “holders” to

correct a typographical error in the existing text of the regulation.

Section 49.90. CrUet-ia for digihilin’.

Page 17 of 26

Page 67: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Language in Section 49.90(a)(l) related to eligibility criteria for a Temporary

Teaching Certificate is being deleted as the criteria are no longer used due to changes in

slatule.

Section 4991. Criteria Jot eligihilTh.

Consistent with revisions elsewhere in the regulation, Section 49.91(c) is revised

for clarity to refer to “certification” area rather than “subject” area.

Section 49.91(d) reflects revisions both for clarity and to align with practice that an

Intern certificate is valid for three years of service, rather than three calendar years.

Section 49.92. Terni of validity.

Like Section 49.91(d). the revision to Section 49.92 reflects both clarity and

alignment with practice that an Intern certificate is valid for three years of service, rather

than three calendar years.

Section 49. 104. College credit acceptable for conversion ofEducational Specialist

I Certificate.

Section 49.104(c) permits graduate credits earned before certification as an

Educational Specialist to count toward conversion of the certificate from Level Ito Level

II.

Section 49. Iii. Supen’iso;y Certificate.

Sections 49.111(b) and (c) are being proposed to permit individuals certified in one

area of supervision to add-on another area by demonstrating expertise in the content of that

area. Special Education Supervisory’ certificates would be excluded from this add-on

pathway.

Page 18 of 26

Page 68: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Section 49.111(e) is being added to pennit school psychologists who have

completed five years of satisfactoty certified experience as a school psychologist to be

issued a Special Education Supen-isory Certificate. The Board is proposing this revision to

help increase the availability of qualified special education supervisors in the

Commonwealth.

Section 49.121. 4dnnnLctrathc Certificate.

Section 49.121(a) aligns the regulation with requirements of Act 45 of 2007 that

established school leadership standards that must be addressed in principal and

superintendent leadership programs.

Subchapter C. Career and Technical Education Certification.

Throughout the entirety of Subchapter C, and the balance ofChapter 49, references

to “vocational-technical education” are updated to refer to the more current term “career

and technical education.” These amendments are included for consistency with the same

terminology updates that were reflected globally in the Public School Code of 1949 under

revisions enacted in Act 76 of 2019.

Section 49, 13!. Basic t’eqtsi;e;nents fbi baccalaureate coul tionbaccalaineate

programs.

Revisions to Section 49.131(a) replace “teacher education” with a more current and

more accurate reference to “educator preparation.” as reflected throughout the Chapter. and

also add a reference to the proposed new definition ibr “alternative program provider” to

recognize the presence of such providers in the landscape of educator preparation.

Section 49. 142. Career cuul Technical Instructional I.

Page 19 of26

Page 69: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Revisions to Section 49. 142(a)( 1) and Section 49.142(b) align these provisions with

statuton changes enacted by Act 39 of 2018 that address requirements for issuing Career

and Technical Lnstructional I. Career and Technical Instructional II, and Career and

Technical Intern certification.

Section 49. 143. Career and Technical Instructional II.

Revisions to Section 49.143(2) align this provision with statutory changes enacted

by Act 39 of 2018 that address requirements for issuing Career and Technical Instructional

1, Career and Technical Instructional II, and Career and Technical Intern certification.

Section 49.143(3) is updated for clarity to bring the conversion of Career and

Technical I certification to Career and Technical II certification into alignment with

conversion from Instructional Ito Instructional II under Section 49.18(a).

Section 49.143(4) establishes completion of a two-year induction program as a

requirement to earn a Career and Technical Instructional 11 certification. This revision is

included for alignment with the proposed amendments to Section 46.16(a) that would

strengthen the supports available to beginning educators by extending the length of

induction programs to two years.

Section 49.151. Eligibility and criteria.

Revisions to Section 49.151(b) align this provision with statutory changes enacted

by Act 39 of2O 18 that address requirements for issuing Career and Technical Instructional

I. Career and Technical Instructional II, and Career and Technical Intern certification.

Section 49.151(c) is added to cladf’ that continuing enrollment in a state-approved

teacher intern program is a condition for maintaining the validity ofa Career and Technical

Page 26 of 26

Page 70: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

Education Intern certificate from one year to the next. This clarification aligns with

language regarding eligibility for Intern certificates as set forth in Section 49.91(d).

Section 49.153. Career and Technical Day—to—Day Substitute Permit.

Section 49.153(b) deletes a cross-reference to Section 49.32 (relating to

Exceptional Case Permits).

Section 49. 163. Career and Technical Ad,nmistratn’e Director.

Amendments to Section 49.163(1) that reduce the minimum number of years

required from five to three reflect technical amendments to align with changes in statute.

Further revisions to this section provide clarity and relevancy by amending the phrase

“successful teaching in vocational education” with the phrase “relevant professional

experience in a Career and Technical Education School.”

Section 49.163(2) adds a cross-reference to Section 49.111(a) and adds a reference

to an “approved alternative program” as established in Section 1207.1 of the Public School

Code of 1949.

Section 49.172. Letter ofeligibility.

Section 49.172(a)(3) reflects technical amendments to align eligibility

requirements for receiving a Superintendent’s Letter of Eligibility with changes to Section

1000.3 of the Public School Code of 1949 enacted by Act 82 of 2012. These changes permit

individuals to earn a SuperintendenCs Letter of Eligibility based on prior experience in

higher education.

Section 49.182. Letter olebgibthtv.

Section 49.182(d) is being proposed by the Board to permit Intermediate Unit

Boards of Directors to address vacancies in their Executive Director positions by

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appointing an Acting Director to serve in that capacity for not more than one year if the

LU. Board finds it impossible or impractical to fill the vacancy.

Section 49.191. Letters of equivalency.

Section 49.191(1) clarifies procedures for earning a letter of equivalency for a

baccalaureate degree by removing the requirement that the minimum number of credits

toward the equivalency that must be earned at a state-approved baccalaureate degree

granting institution, currently set at 18 of the 90 total credits required, must be completed

during the final 30 credits.

Section 49.191(2) updates language for clarity to refer to certification area as

opposed to primary’ teaching assignment. This clarification is being recommended so that

college-level credits earned in pursuit of a Letter of Equivalency For a master’s degree be

in the candidate’s certification area(s) rather than in the primary teaching assignment. This

proposed revision improves the alignment of the credits with the candidate’s formal

education and area(s) of expertise, if these are different from the primary teaching

assignment. In addition, this proposed revision streamlines application reviews by the

Department as staff examining applications have ready access to the candidate’s

certification area(s) but not the primary teaching assignment.

Affi?cted Parties

The proposed mlemaking would affect educator preparation program providers and

the students enrolled in their programs, public school entities, and educators.

Cost and Papeniork Estimates

Extending induction programs to two years may result in a cost for school entities

that do not currently offer that length of support for beginning educators. Currently. 58

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school entities offer a two-year induction program and another 68 school entities offer a

three-year induction program. There are 551 school entities that offer a one-year induction

program. The proposed regulation would impact those 551 school entities that would need

to extend induction programs for another year. Costs to districts could range from S1.000

to $5,000 per second-year teacher to support mentor stipends and additional professional

development days. The estimated cost to school entities for scaling to two-year induction

programs statewide is $9,643,000 (based on the 551 school entities that would need to

convert from a one-year to a two-year induction model and an assumption that each of

those school entities would support seven second-year teachers annually at a cost of $2,500

per second-year teacher).

The Department would incur costs to support the delivery’ of training in new

competencies for educators as part of both induction programs and professional education

for current classroom educators. Some training opportunities focused on the new

competencies identified in the proposed amendments already are available through the

state’s existing network of Intermediate Units (1.U.s) and other professional development

educational entities within the Commonwealth. Work to develop additional trainings in

mental wellness, trauma-informed instruction, cultural awareness, and virtual and

technological engagement, and to provide professional development to lU. staff to serve

as trainers, is estimated at a one-time cost of $26,700, This estimate is based on engaging

10 stakeholders over a two-day period to develop new topics and trainings at a cost of

$3,000 for facilitators and $2,000 to support expenses related to this work, and an

additional cost of $21,700 to train one staff person in each of the state’s 29 [U.s at a cost

of S750 per I.U.

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Support for providing training to current classroom educators at the elementary

level in structured literacy is estimated at S350,000 annually. Professional development

training and technical assistance in structure literacy currently is available at no cost to

school entities through the Pennsylvania Training and Technical Assistance Network. To

support the proposed amendments to Chapter 49 that would require such training for all

elementary educators, the Department intends to enhance and scale up the current offerings

by hiring a statewide lead for structured literacy efforts and establishing a statewide system

of supports in structured literacy through the existing network of l.Ii.s. The estimated

annual cost to support this work is based on a cost of 5203,000 to support trainings to be

offered by 29 1.U.s (estimated at 5700/day for 10 days annually) and to support the salary

and benefits of hiring a statewide lead, Support for the first two years of this work has

been budgeted through federal funds available through CARES Act set aside hinds.

Effl’ctive Date

The proposed rulemaking would become effective upon final publication in the

Pennsylvania Bulletin.

Sunset Date

The Board will review the effectiveness of Chapter 49 every 10 years in accordance

with 22 Pa. Code, Section, 49.51(b) that directs the Board to conduct a major review of

certification regulations at 10-year intervals. Thus, no sunset date is necessary.

Regidaton’ Revieit’

Under sections 5(a) and 5(fl of the Regulatory Review Act (71 P. S. § 745.5(a) &

(1)), on December 8,2020, the Board submitted a copy of this proposed rulemaking and a

copy of the Regulatory Analysis Form to the Independent Regulatory’ Review Commission

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Page 74: Independent Regulatory State Board of Education Review ...The Board further acts under the authority ofSection 2604-B the Public School Code (24 P. 5. 26-2604-B). Within that Section,

(IRRC) and the Legislative Reference Bureau. Pursuant to section 5(1) of the Regulatory

Review Act, the Board vi1l submit the proposed regulation and a copy of the Regulatory

Analysis Form to the Chairpersons of the House and Senate Committees on Education at

the start of the 2021-2022 legislative session, no later than the second Monday after the

date by which both committee designations have been published in the Pc,,nsvh’wiiu

Bulletin. A copy of this material is available to the public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC may convey any

comments, recommendations or objections to the proposed rulemaking within 30 days of

the close of the public comment period. The comments, recommendations or objections

must specify the regulatory review criteria that have not been met. The Regulatory Review

Act specifies detailed procedures for review, prior to final publication of the rulemaking,

by the Board, the General Assembly and the Governor of comments, recommendations or

objections raised.

Public Conunents mu! Contact Person

Interested persons and individuals affiliated with small businesses are invited to

submit written comments, questions, suggestions, commendations, concerns, or objections

regarding this proposed rulemaking to Karen Molchanow, Executive Director, State Board

of Education, 333 Market Street, P1 Floor. Harrisburg, PA 17126. ra

stateboardofed’pa.gov. Comments must be submitted to Board within 30 days of

publication of this notice of proposed rulemaking in the Pennsylvania Bulletin.

Persons with disabilities needing an alternative means of providing public comment

may make arrangements by calling the Board at (717) 787-3787 or through the

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Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) or (800) 654-5988 (voice

users) to discuss how the Board may accommodate their needs.

KAREN MOLUHANOW,Executive Director

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Annex A

TITLE 22. EDUCATION

PART I. STATE BOARD OF EDUCATION

Subchapter C. HIGHER EDUCATION

CHAPTER 49. CERTIFICATION OF PROFESSLONAL PERSONNEL

Subchapter A. GENERAL PROVISIONS

THE PROGRAM

§ 49.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unlessthe context clearly indicates otherwise:

Alternative prozrana provider — provider of accelerated post-baccalaureate preparationprogram, other than an institution of higher education, that has been approved by theDepartment in accordance with 24 P.S. 12-1207.1(a).

Appivied [teacherJ educator ccrtifkcztion prograiiiA sequence of courses and experiences,offered by a preparing institution or alternative program provider, Iwhichl that is reviewedand approved by the Department.

Baccalaureate deeree — a conferred bachelor’s degree from an approved 4 year college oruniversity. The Department shall accept a conferred graduate degree as satisfaction of theBaccalaureate/bachelor’s degree required for issuance of a certificate or permit.

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Certified personnel—Professional employees. excluding school secretaries, as defined insection 1101 of the act (24 P. S. S 11-1101) and/or educators holding a comparablecertificate from another state.

Completer—A candidate who has successfully met all requirements of an approvedcertification preparation program of any type. Except where specified in certificationdefinitions and in program framework guidelines. Department-required certificationassessments are not considered program requirements.

Cultural!,’ relevant and sz,stainhw educathni ft’R-SE—Edu cation that ensures equity forall students and seeks to eliminate systemic institutional racial and cultural barriers thatinhibit the success of all Pennsylvania’s students — particularly those who have beenhistorically underrepresentcd. Culturally Relevant and Sustaining Education encompassesskills for educators including, but not limited to. approaches to mental wellness, trauma-informed approaches to instruction, technological and virtual engagement, culturalawareness and any factors that inhibit equitable access for all Pennsylvania’s students.

Educator DisciylineAct—24 P.S. 2070.ia—2070.18a.

Historical!v underreyresented Lroups—Groups that are documented to have beenrepresented across time in the educator population in proportions below theirrepresentation in the general population. These include, but are not limited to. people ofcolor, the economically disadvantaged, and first-generation college-goers.

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psi’c— I’Io/L’vsu)nal Stu,da,ls (111(1 Pr(iLticeV C onuuiscujn—A body composed of educatorsfrom (lie [kids olbasic and higher education, members oitlie general public and an cx officiomember olihe Board established by the Ilkoicssionall Educator Discipline Act.

* 4** *

jProfessional certified personnel—Professional employees, excluding school secretaries, asdefined in section 1101 of the act (24 p.s. s 11-11011.1

Professional duties—A duty the performance of which is restricted to Iprofessionall personnelby the scope of their certificate.

I Profcsiona! Educator Discipline .-1i—24 11.5. § § 2070.1 a—2070. I &i.i

Professional ethics—The accepted and collectively agree upon standards of behavior,values, and principles that, in coniunction with applicable laws and regulations, are meantto inform and guide professional decision-making. These standards of behavior, values,and principles include those detailed in the most recent Model Code of Ethics forEducators, as published by the National Association of State Directors of TeacherEducation and Certification, and other ethical codes. guidelines, or standards unique toprofessional disciplines.

School cntity—Public schools, school districts, intermediate units, area Ivocational-technicallcareer and technical schools, charter schools, cyber schools and independent schools.

Structurel literacy—Systemic, explicit instruction that integrates listening, speaking.reading, and writing and emphasizes the structure of language across the speech soundsystem (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.

Subiect Area—Specific areas of instructional content.

§ 49.12. Eligibility.

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In accordance with sections 1109, 1202 and 1209 of the act (24 P. s, § § 11-1109, 12-1202 and12-1209), even’ professional employee certified or permitted to serve in the schools of thisCommonwealth shall:

(1) Be of good moral character.

1(2) Provide a physician’s certificate stating that the applicant, with or withoutreasonable accommodation, is able to perform successfully the essential functions andduties of an educator. A qualified applicant who has tuberculosis or another communicabledisease or a mental disability, will not be deemed to pose a direct threat to the health orsafety of others unless a threat to health or safety cannot be eliminated by a reasonableaccommodation.I

1(3)1 fj Be at least 18 years of age.

f Except in the case of the Resource Specialist Permit, Ivocationall Career andTechnical Emergency Permit, IVocationall Career and Technical Instructional InternCertificate, and IVocationall Career and Technical Instructional Certificate, have earnedIminimallvi a baccalaureate degree las a general education requirementj.

§ 49.13. Policies.

(b) The Department will have the following responsibilities with respect to certification andpermitting of professional personnel in the schools of this Commonwealth:

(1) Provision of advisory services to college and school personnel in matters pertaining toIteacher educationi 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 [teacher educationi educator preparation programs leadingto the certification and permitting of professional personnel.

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(i) The evaluation by the Department will provide assurance that, on or before January 1,2011, teacher education programs will require at least 9 credits of 270 hours, or an equivalentcombination thereof, regarding accommodations and adaptations for students with disabilities inan inclusive setting. Within the context of these 9 credits or 270 hours, instruction in literacyskills development and cognitive skill developnent for students with disabilities must beincluded, as determined by the institution. At least 3 credits or 90 additional hours, or anequivalent combination thereof, must address the instructional needs of English languagelearners. For purposes of this requirement, I credit equals 30 hours of coursework. Applicablehours are limited to a combination of seat hours of classroom instruction, field observationexperiences, major research assignments, and development and implementation of lesson planswith accommodations and adaptations for diverse learners in an inclusive setting.

(ii) The evaluation by the Department will provide assurance that educatorpreparation programs demonstrate the integration of professional ethics throughout thepreparation program.

1001 {jjJ Program approval reviews shall be conducted by professional educators frombasic and higher education.

(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 certificateshall have completed an approved Iteacherl preparation program and shall be recommended bythe preparing institution or alternative program provider.

if) The Department shall prescribe procedures for evaluation of an applicant’spreparation in the event that application for a certificate is made after the program at apreparing college or university has closed or been discontinued.

§ 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 providersengaged in the preparation of Iteachersi educators shall meet the following requirements:

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(1) Be approved as a baccalaureate or graduate degree granting institution or alternativeprogram provider by the Department.

(2) Be evaluated and approved as [a teacherl an educator preparing institution or alternativeprogram provider to offer specific programs leading to certification in accordance withprocedures established by the Department.

(4) Follow Department prescribed standards developed from the following principles:

(i) Institutions and alternative program providers develop clear goals and purposes foreach program, jincluding attention to professional ethics and responsibilities.I which shallinclude competencies, coursework and field experiences that address professional ethics,cognitive competencies, structured literacy, and culturally relevant and sustainingeducation. The Department will identify these competencies and develop associatedstandards.

(ii) Institutions and alternative program providers are able to demonstrate howinstructional and clinical activities provide educator candidates with the capacity to enable theachievement of all students, including diverse learners in an inclusive setting.

(iii) Institutions and alternative program providers are able to demonstrate that educatorcandidates have participated in instructional activities that enable the candidates to provideinstruction to students to meet the provisions of Chapter 4 (relating to academic standards andassessment).

(iv) Institutions and alternative program providers are able to demonstrate that educatorcandidates successfully participate in sequential clinical experiences fully integrated within theinstructional program as determined by the Secretary in consultation with the State Board.

(v) Institutions and alternative program providers have clearly expressed standards foradmission to, retention in and graduation from approved programs and actively encourage theparticipation of students from historically underrepresented groups.j can demonstraterecruitment and participation of students from historically underrepresented groups.Institutions and alternative program providers annually will report on students admitted,retained, and graduated from their programs, including numbers from historicallyunderrepresented groups.

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(vi) Institutions and alternative program providers shall provide ongoing assessment ofeducator candidates knowledge, skills, dispositions and performance with which to identifyneeds for ftirther study, certification assessment assistance or clinical experience or dismissalfrom the program.

(vii) Institutions and alternative program providers can demonstrate how informationfrom systematic evaluations of their programs, including students and educator evaluators, andachievement levels of candidates for certification in the Department-designed assessmentprogram. are used for continual program improvement and shall develop corrective actionsteps if identified as at-risk or low performing program providers as defined by theDepartment.

(viii) Institutions and alternative program providers, in partnership with local educationagencies, provide a school-based experience integrating the teacher candidates’ knowledge. skillsand dispositions in professional practice. This experience shall be fttlly supported by institutionalfaculty, including frequent observation, consultation with supervising teachers and opportunitiesfor formative and summative evaluation. Minimum numbers of pre-culminating fieldexperience hours shall be determined by the Secretary in consultation with the Board.Requirements for culminating field experiences, including length of culminating fieldexperiences beyond the minimum required in 354.25Sf), shall be determined by theSecretary in consultation with the Board. Additional requirements for supervisingteachers. beyond the minimum required in S 354.25.(fl.(2), shall be determined by theSecretary in consultation with the Board. Requirements for supervising teachers in fieldsthat are customarily staffed at one per building or at similarly low levels not addressed in

354.25 shall be determined by the Secretary in consultation with the Board.

(ix) Institutions and alternative program providers provide ongoing support for noviceeducators in partnership with local education agencies during their induction period, includingobservation, consultation and assessment.

(x) Institutions (providel and alternative program providers supply evidence that anacceptable percentage of candidates applying for certification as determined by the Secretary andapproved by the Board achieve at a satisfactory level on all assessments appropriate to initialcertification in each program for which they are approved.

(5) Institutions and alternative program providers may enter into articulation agreementswith community colleges that permit students to earn credits toward meeting the requirements ofthis chapter.

(6) Institutions will comply with requirements set forth in the federal Elementary andSecondary Education Act and the federal Higher Education Act

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§ 49.15. Approval of experimental programs.

The Department may enter into a written agreement with a preparing institution or alternativeprogram provider wishing to conduct an experimental program. The institution and alternativeprogram provider shall meet the requirements described in 49.13 (relating to policies) and§ 49.14 (relating to approval of institutions). Certification shall be given to graduates of anexperimental program upon recommendation by the institution or alternative programprovider if the [institutionf provider has met alL of the following requirements:

(1) Submitted a detailed explanation of the experimental program to the Department forapproval.

(2) Planned a thorough procedure conforming to accepted canons of educational research forevaluating results of the experimental program. These results shall be reported to the Departmentin 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 isjudged by a program approval team to be inadequate for preparation of professional personnel.

§ 49.16. Approval of induction plans.

(a) Each school entity shall submit to the Department for approval a plan for Ithel a two-yearinduction experience for first-year teachers (including teachers in prekindergarten programs,when offered), long-term substitutes who are hired for a position for 45 days or more andeducational specialists. 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 oreducational specialist representatives, or both, chosen by teachers and educational specialists andadministrative representatives chosen by the administrative personnel of the school entity. Newlyemployed professional personnel with prior school teaching experience may be required by theschool entity to participate in an induction program. A school entity shall make its induction planavailable for public inspection and comment for a minimum of 28 days prior to approval of theplan 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 planssubmitted by school entities.

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Ic) Induction plan guidelines shall include professional ethics. cognitive competencies. andculturally relevant and sustaining education as determined by the Secretary.

[(c)I f4J 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.

I(d)I jç Criteria for approval of the induction plans will be established by the Secretary inconsultation with the Board and must include induction activities that focus on teaching diverselearners in inclusive settings.

§ 49.17. Continuing professional education.

(a) As required under § 4.13(a) (relating to strategic plans), a school entity shall submit to theSecretary for approval a 3-year professional education plan every 3 years in accordancewith the professional education guidelines established by the Secretary and section 1205.1of the act (24 P.S. § 12-1205,1). A school entity shall make its professional education planavailable for public inspection and comment for a minimum of 28 days prior to approval ofthe plan by the school entity’s governing board and submission of the plan to the Secretary.

(6) The continuing professional education plan must include a section which describeshow 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 mustdescribe how professional development activities will improve language and literacy acquisitionfor all students, including the provision of training in structured literacy for professionalemployees at the elementary level. [andi The plan also must contribute to closingachievement gaps among students, and improve professional employees knowledge ofprofessional ethics and culturally relevant and sustaining education.

(1) A commissioned olteer who lobtainsi holds a Letter ol’ Eligibility For SuperintendentIshall present to the Secretary evidence of satisfiictory completion of 6 credit hours ofcontinuinj professional education coursesi shall satisfy the requirements for continuill2

professional education through the completion of courses and credits approved by theDepartment to address the school leadership standards of section 1217 in accordance withsection 1205.5 even’ 5 years. IThis subsection will be satisfied by taking collegiate studies orDcpartment-approvcd in-service courses or a combination thereof.I

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(c) IProfessionall Certilicd personnel including school or system leaders defined in section1205.5(u) sho Ihil to comph ith the continuing prolbssional education plan tinder subsection(a) or fail to complete the requirements of sections 1205.1 landL 1205.2. anti 1205.5 of the actill have their ccrtilicates or Icommissions! Letter of Eligihilih rendered inactie by theDepartment until the requirement is met. Professiona II Certified personnel and school orsystem leaders shose cenilicate or leommissioni Letter of Eligibility is rendered inactive shallhave a right to appeal the action to the Secretary

(d) School districts that employ [professionall certified personnel or commissioned officerswith inactive certificates or commissions are subject to penalties provided for under section 2518of the act (24 P.S. § 25-25 18).

§ 49.18. Assessment.

(a) The Secretary will linstitute an assessment programs establish assessments for candidatesfor certification designed to assess their basic skills; professional knowledge and practice;and subject matter knowledge. Candidates for elementary. K-12 instructional, specialeducation and early childhood certificates shall also be assessed in the area of generalknowledge. The following principles will guide the Secretary in the development of lani auxassessment program:

(1) {Thc assessment program! Assessments will be based in the standards developed foreach certificate.

(2) IThe assessment programi Assessments will measure the candidates abilities acrossthe domains of basic skills knowledge, professional knowledge and practice, and subjectmatter 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) IThe assessment programi Assessments will be developed in consultation withteachers, administrators, teacher educators and educational specialists with relevantcertification.

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(4) IThe assessment programi Assessments will employ, when appropriate, availableassessment tools, instruments and procedures.

(b) The Secretary, in consultation with the Board, will establish a satisfactory achievement levelfor Ithel any assessments in subsection (a).

(c) The assessments in basic skills will be given, and satisfactory achievement levels shall bereached, prior to formal entry into a certification preparation program in accordance with24 P.S. S 12-1207.3). The assessments in [and] general knowledge; professional knowledge andpractice; and subject matter knowledge will be given, and satisfactory achievement levels shallbe Ireachedi obtained, prior to the issuance ofa certificate. Candidates who will complete allcertification requirements at the post-baccalaureate level are not required to take and passassessments in basic skills (24 P.S. 5 12-1 207.3).

(d) A periodic review of the [assessment programi assessments will be made by the Boardevery [3j 5 years.

(e) The Department may issue additional subject areas to holders of Instructional (see § § 49.82and 49.83 relating to Instructional I; and Instructional 10) or Intern (see § 49.91 (relating tocriteria for eligibility)) certification in related subject areas and who pass the appropriatesubject matter testing components un areas other than Health and Physical Education,Cooperative Education and all!. All Special Education areas are excluded. The Departmentmay identify other certification areas to be excluded from eligibility based on criteria establishedby the Secretary [and approved byj in consultation with the Board.

EMERGENCY, LONG-TERM ANDDAY-TO-DAY SUBSTITUTE PERMITS

§ 49.31. Criteria for eligibility.

The Department may issue an emergency. Long-Term or Day-to-Day Substitute Permit forservice in the public schools, [at the request of the employing public school entity! anapproved private school or an eligible provider setting as defined in Title 22. Chapter405.2, at the request of the employing entity, to an applicant who is a graduate of a 4-yearcollege or university_to fill a vacant position or to serve as a long-term or day-to-day substituteteacher, when a hilly qualified and properly certificated applicant is not available. The permit isissued on the basis of terms and conditions agreed upon between the requesting public school

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entity and the Department. Each July, the Department will report to the Board the number andnature of emergency, Long-Term and Day-to-Day Substitute Permits issued during that year. Along-term substitute permit may be issued only after the position has been posted a minimum of10 days on the school entity’s website and no qualified candidate has been identified.

MISCELLANEOUS PROVISIONS

§ 49.63a. Au thorily to ann iii and reinstate certificates and discipline professionaleducators.

(a) A proFessional certi licate or letter ofeligihilitv obtained by Fraud or mistake shall beconsidered void ab initio and shall be annulled b the Secretary. An annulment w II not heelThcted itl,otit prior notice and hearing in accordance lb reasonable procedures as theSecretar ill prescribe, after revie\ of and comment on [lie procedures h the Board.

(b) In accordance ith the authorit vested ith the PS PC In the I Professionall EducatorDiscipline :\ct. the Commission rna discipline protëssional educators.

§ 49.65. Out-of-State and Nationally-certified applicants.

(a) The Department will issue the appropriate Commonwealth certificate to applicants whohave:

(I) Graduated from a State approved out-of-State college or university whose jteachereducationi educator preparation requirements are comparable to those of this Commonwealth.

(2) Completed the preparing institution’s preparation Iteacher educationi program.

(3) Received the recommendation of the preparing institution for the subject or area to betaught out-of-State certificate issued.

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(4) Presented evidence of satisfactory achievement in assessments prescribed by theDepartment 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 appropriateauthority of another state to recognize comparable certificates. A temporary teaching permit maybe issued to educators prepared outside of this Commonwealth in accordance with the currentreciprocity agreement with other states. It will be valid for 1 year to allow the teacher to meet theCommonwealtWs requirements as out lined in the reciprocity agreement.

(c) Candidates certified by the National Board for Professional Teaching Standards will begranted the highest level certificate applicable.

(dl School psychologists certified by the National Association of School Psychologists willbe granted the highest level certificate available for certification as a school psychologist.

[(d)I f Candidates successfully completing other National teacher training programs thatrequire a candidate to demonstrate mastery of the Isubiecti certification area to be taught andprofessional knowledge needed for classroom effectiveness as approved by the Board, will becertified to teach in this Commonwealth, provided the approved program includes 1 year ofintensive supervision in an internship program approved by the Secretary and the teacher hassatisfied the basic certification requirements of the act (see 24 p. . 12-1202 and 12-1209),such as having good moral character, being at least 18 years old and having a (bachelor’sjbaccalaureate degree.

[(e)) ifi Candidates holding a valid and current instructional, educational specialist,supervisory, or administrative certificate issued by [one of the states party to the InterstateCertification Agreement with Pennsylvanial another state may be eligible for comparablecertification if [they have taught on the out-of-State certificate for 3 of the past 7 years theapplicant has two years of successful classroom or school experience in the area for whichPennsylvania certification is sought and [havel has achieved the qualif’ing score on theappropriate content area test required by the Commonwealth: land meet the requirements of§ 49.12 (relating to eligibility). The out-of-State certificate must be comparable to thegrade level and scope of the Pennsylvania certificate being requested, and the test musthave been taken within 5 years of the date of application for the Pennsylvania certificate. Inthose cases, no other tests will be required.I

§ 49.68. Evaluation of prescribed requirements and standards.

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Institutions of higher education within this Commonwealth with approved Iteacher educationieducator preparation programs are authorized to evaluate, equate, and accredit educationalexperience and background of candidates for meeting the specific requirements for certification.A candidate may not be recommended for certification until providing evidence of satisfactoryachievement in the assessments under § 49.18 (relating to assessment).

Subchapter B. CERTIFICATION OF GRADUATES FROMCOMMONWEALTH INSTITUTIONS

GENERAL PROVISIONS

§ 49.71. Basic requirements.

Applicants for a certificate shall have completed, in addition to all legal requirements, a programof [teacher educationi educator preparation approved by the Department and shall have therecommendation of the preparing institution.

§ 49.72. Categories of certificates and letters of eligibility.

(a) The following basic categories of certificates and letters of eligibility will be issued by theDepartment:

(1) Temporary Permit.

(2) Emergency and Substitute Permits.

(3) Intern Certificates.

(4) Instructional Certificates.

(5) Educational Specialist Certificates.

(6) Supervisory’ Certificate.

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(7) Administrative Certificate.

(8) Program Specialist Certificate.

(9) Letters of Eligibility.

(10) jvocationalj 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 certificatesand letters of eligibility which the Department has issued during the past fiscal year or proposesto issue in the ensuing year.

INSTRUCTIONAL CERTIFICATES

§ 49.82. Instructional I.

(a) The Instructional I Certificate is valid for 6 years of teaching in public schools or in eligibleprovider settings (as defined in Chapter 405.2) in this Commonwealth in the area for which itapplies. It may be converted to an Instructional II Certificate as provided by § 49.83 (relating toInstructional II).

(b) The Instructional I Certificate will be issued to applicants who:

(1) Possess a baccalaureate degree.

(2) Present evidence of successful completion ofa Department-approved teacher preparationprogram.

(3) Present evidence of satisfactory achievement in assessments prescribed by the Departmentunder § 49.18(a) (relating to assessment).

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(4) Receive recommendation for certification from [af the preparing college or university Qalternative program provider.

§ 49.83. Instructional II.

The Instructional II Certificate will be issued to an applicant who has completed:

(1) A Department-approved two-year induction program.

§ 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 ata State-approved associate degree-granting institution, baccalaureate or graduate degreegranting institution.

(b) Credits earned in programs designed to prepare for professional fields such as law, medicineor theology, when relevant to the area of certification, will be considered acceptable for purposesof renewing or converting the Instructional I Certificate.

(c) Credits shall be earned subsequent to the conferring of the baccalaureate degree. Graduatecredits earned prior to obtaining the Instructional I certificate are considered acceptablefor purposes of converting the Enstructional I Certificate.

§ 49.85. Limitations.

(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 outlinedin item (Wi paragraphs (l)—(7). For instructional certificates issued on or after January 1,2022. the grade level limitations shall be the following:

(1) Grade level limitations as presented in (bWl)-(4).

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(2) Special Education PK-12 (prekindergarten through grade 12 or age 21). Applicantsfor this certificate are not required to obtain any additional certificates.

(3) Special Education Hearing Impaired. Visually Impaired and Speech/LanguageImpaired Certificates (prekindergarten, kindergarten, grades one through twelve or ages 3through 21).

[(c)J £4j The decision about staffing based on age or grade level rests with the school entity.

[(d)I The Secretary may grant exceptions to the grade and age level limitations betweenEarly Childhood (subsection (b)(l)), Elementary/Middle (subsection (b)(2)), Special EducationPK—8 (subsection (b)(5)) and Special Education-7—12 (subsection (b)(6)) for individualteachers on a case-by-case basis. The school entity shall submit a written request to the Secretarythat provides justification for the exception. The Secretary will set a time limit for eachindividual exception granted. The Secretary will issue guidelines that outline the circumstancesunder which exceptions will be granted.

((e)I ffl \•‘hen a school district contracts with a community provider for the provision ofprekindergarten services, prekindergarten teachers providing the services shall possess acertificate in early childhood as provided in subsection (a)( I) or subsection (b)( I) within thefollowing time frame:

(I) For contracts in place prior to September 22, 2007, September 24, 2012.

(2) For Inewl first-time contracts, 5 years from the start of services.

1(01 jgj The Secretary may grant exceptions in response to shortages of certified personnel thatapply Statewide to specific provisions of this section when it is necessary to facilitate transitionto the revised provisions scheduled to become effective on January 1, 12013! 2022. Exceptionsmay be granted under the following conditions:

(I) The Secretary will provide a written certification to the Board that includes reLevantinformation and justification of the need for the exception, If the Board does not disapprove theexception 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 exceptionsmade under this section.

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§ 49.86. Accelerated program for Early Childhood and Elementary/Middle levelcertificat eholders.

TEMPORARY TEACHING PERMITS

§ 49.90. Criteria for eligibility.

(a) The Department may make a one-time issuance of a Temporary’ Teaching Permit for servicein a specific area of instruction for use in elementary’, middle or secondary’ schools to applicantswho, in addition to meeting the requirements of 49.12 (relating to eligibility), Ipresentevidence of one of the following:

(1) For candidates prepared outside of this Commonwealth, met all requirements for anInstructional I certificate, with the exception of the Math/English course requirementsunder Chapter 354 (relating to preparation of professional educators).

(2) For candidates holdingj hold a credential issued by a Board-approved Nationalaliemative certification program, and completed any ancillary’ requirements agreed upon by theDepartment and the credentialing authority.

(b) The Temporan’ 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 orancillary’ requirements are satisfied.

INTERN CERTIFICATES

§ 49.91. Criteria for eligibility.

*4*4*

(c) Intern certificate programs must provide flexible and accelerated pedagogical training toteachers who have demonstrated competency in a Isubiecti certification area, provided that the

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first year of teaching includes a minimum of one classroom observation each month by anapproved college/university in this Commonwealth.

(d) An Intern Certificate is valid for 3 Icalendarl years of service. This professional certificatemay be issued only to an applicant who is a graduate of an accredited 4-year college oruniversity. During the first year, the applicant shall complete all tests, enroll in an authorizedprogram and complete a minimum of nine credits per year. The certificate requires continuingenrollment in a State-approved teacher intern program. This certificate cannot be renewed.

§ 49.92. Term of validity.

The Intern Certificate will be issued for the period of time necessary’ for the candidate tocomplete the approved intern program, but this time period will not exceed 3 years of service.

EDUCATIONAL SPECIALIST CERTIFICATES

§ 49.104. College credit acceptable for conversion of Educational Specialist! Certificate.

* ** * *

(c) Credits shall be earned subsequent to the conferring of the baccalaureate degree. Craduatecredits earned prior to obtaining the Educational Specialist I certificate are consideredacceptable for purposes of convertizw the Educational Specialist I Certificate.

SUPERVISORY CERTIFICATES

§ 49.111. Supervisory Certificate.

(a) The Department will issue Supervisory Certificates for positions in the schools of thisCommonwealth to persons who:

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(1) Have completed 5 years of satisfactory Iprofessionall certified experience in the area inwhich the supervisory’ certificate is sought.

(2) Have completed an approved graduate program preparing the applicant for theresponsibilities of supen’ising in the program area and of directing the activities of certifiedprofessional employees.

(3) Present evidence of satisfactory achievement in assessments prescribed by the Departmentunder § 49.18(a) (relating to assessment).

(4) Are able to help students achieve under Chapter 4 (relating to academic standards andassessment).

(5) Meet the following standards:

(i) The supervisor understands the central concepts of organizational leadership. tools ofresearch and inquiry and principles of teaching and learning that make supervision effective andefficient.

(ii) The supervisor understands how all children learn and develop and configures resourcesto support the intellectual, social and personal growth of all students.

(iii) The supervisor knows and understands effective instructional strategies and encouragesand facilitates employment of them by teachers.

(iv) The supervisor uses an understanding of individual and group motivation to create aprofessional development environment that engages teachers to develop and apply effectiveinstructional 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 togauge effectiveness of people and programs on student learning.

(viii) The supervisor understands the process of curriculum development, implementationand evaluation and uses this understanding to develop high quality curricula for student learningin collaboration with teachers, administrators, parents and community members.

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(ix) The supervisor possesses knowledge and skills in observation of instruction andconducting conferences with professional staff that are intended to improve their performanceand enhance the quality of learning experiences for all students.

(x) The supervisor thinks systematically about practice, learns from experience, seeks theadvice of others, draws upon educational research and scholarship and actively seeks outopportunities to grow professionally.

(xi) The supervisor contributes to school effectiveness by collaborating with otherprofessionals and parents, by using community resources, and by working as an advocate toimprove opportunities for student learning.

(b) Notwithstanding the requirements of paragraph (a), and excluding SpecialEducation Supervisory Certification, the Department may issue additional SupervisoryCertificate areas to individuals who already hold a valid Pennsylvania SupervisoryCertificate if they demonstrate competency in the requested supervisory area by one ofthe following:

(1) complete 12 Department-approved credits of collegiate study in the supervisoryarea sought, or

(2) achieve a passing score on the applicable content test

(ci For Supervisory Certificates issued pursuant to paragraph (b), 5 years of service inthe area is not required.

1(b)! 141 A Supervisory Certificate for either Curriculum and Instruction or Pupil PersonnelServices will be issued to persons who:

(1) Have 5 years of satisfactory professional certified service in the school program area forwhich the comprehensive certificate is sought.

(2) Have completed an approved graduate 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 Departmentunder 49.18(a).

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(e) Notwithstanding the requirements of paragraph (a), the Department may issue aSpecial Education Supervisory Certification to individuals who have completed five yearsof satisfactory certified experience as a school psychologist.

ADMINISTRATIVE CERTIFICATES

§ 49.121. Administrative Certificate.

(a) The Department will issue Administrative Certificates to persons who have [hadi aminimum of II 3 years of satisfactory jprofessional certified schooll instructional or studentsupport experience completed in a public or private PK-12 school or accredited institutionof higher education and have completed an approved program of graduate study, approvedalternative program, or completed the alternative route in accordance with 24 P.S.1207.1(d) preparing the applicant to direct, operate, supervise and administer the organizationaland general educational activities of a school. Applicants shall be recommended by the preparinginstitution or alternative program provider in which the lgraduatel program was completed.Candidates for administrative certificates shall be able to help students achieve under Chapter 4(relating to academic standards and assessment).

Subchapter C. IVOCATIONALI CAREER AND TECHNICAL EDUCATIONCERTIFICATION

GENERAL PROVISIONS

jVOCATIONAL) CAREER AND TECHNICAL INSTRUCTIONALCERTIFICATES

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IVOCATIONALI CAREER AND TECHNICAL INTERN CERTIFICATES

49.153. Ivocationall Career and Technical Day-to-Day Substitute Permit.

SUPERVISOR OF IVOCATIONALI CAREER AND TECHNICALEDUCATION CERTIFICATE

49.161. Supervisor of jVocational) Career and Technical Education.49.162. [Reserved].

IVOCATIONALI CAREER AND TECHNICAL ADMINISTRATIVEDIRECTOR CERTIFICATE

49.163. IVocationall Career and Technical Administrative Director.49.164. [Reserved.

GENERAL PROVISIONS

§ 49.13 1. Basic requirements for baccalaureate and nonbaccalaureate programs.

(a) Applicants for a certificate shall have completed, in addition to all legal requirements, aprogram of [teacher educationi educator preparation approved by the Department and shallhave received the recommendation of the preparing institutions or alternative programprovider.

§ 49.132. Types of certificates.

Five basic types of certificates will be issued, as follows:

(1) [Vocationall Career and Technical Instructional Intern.

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(2) IVocationall Career and Technical Instructional.

(3) Supen’isorofjVocationalj Career and Technical Education.

(4) [\7ocationall Career and Technical Administrative Director.

(5) Vocational Career and Technical Substitute Permits.

§ 49.133. Levels of certification.

IVocationall Career and Technical Instructional Certificates shall be issued for the followinglevels of qualifications:

(1) Level I (Provisional).

(2) Level LI (Permanent).

IVOCATIONALI CAREER AND TECHNICAL INSTRUCTIONALCERTIFICATES

§ 49.141. General.

(a) The Department will issue IVocationall Career and Technical Instructional Certificates topersons whose prinmry responsibility is teaching occupational skills in State approvedjvocationalj career and technical education programs in the public schools of thisCommonwealth. The certificates will be valid for teaching in any Ivocationali career andtechnical or technical area for which the holder has registered his occupational competencycredential with the Department in the manner prescribed by the Department.

(b) The holder oft (Vocationalj Career and Technical Teaching Certificate may also teachthe technical skills and knowledge of the holder’s occupation in courses of comparable contentprovided in secondary school programs which have not been accorded State approval as[vocationall career and technical education programs under conditions in the poLicies andstandards of the Department. Candidates for IVocationali Career and Technical TeachingCertificates shall be able to help students achieve under Chapter 4 (relating to academicstandards and assessment).

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§ 49.142. [Vocationall Career and Technical Instructional I.

(a) A single certificate will be issued and titled, “[Vocationalj Career and TechnicalInstructional Certificate.” Individuals qualifying for this certificate shall be authorized to teachin the areas for which they also hold an occupational competency credential. The occupationalcompetency credential will be issued by the Department or an institution of higher educationapproved by the Secretary’. The applicant shall have:

(1) A minimum of[2 yearsl 8.000 hours (equivalent to 4 years full-time) wage-earningexperience lull addition to the learning period required to establish competency in theoccupation to be taught in Ihe occupational area to be taught or 4,000 hours (equivalent to2 years) wage-earning experience plus a baccalaureate degree.

(2) Successfully completed the occupational competency examination or evaluation ofcredentials 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 Ivocationall career and technicaljteacher educationi educator preparation. For jvocational) Career and Technical ICertificates issued on or after January 1, 2013, the 18 credit hours must include at least 3 creditsor 90 hours, or equivalent combination thereof, regarding accommodations and adaptations fordiverse learners in an inclusive setting. For purposes of this requirement, I credit equals 30 hoursofcoursework. Applicable hours are limited to a combination of seat hours of classroominstruction, field observation experiences, major research assignments, and development andimplementation of lesson plans with accommodations and adaptations for diverse learners in aninclusive setting.

(4) Presented evidence of satisfactory’ achievement on the assessment of basic skills under§ 49.18.

(b) The [Vocationalj Career and Technical Instructional I Certificate shall be valid for [61 ayears during which time the applicant shall complete the approved preparation program leadingto the [Vocationalj Career and Technical Instructional II Certificate.

§ 49.143. IVocationall Career and Technical Instructional II.

The (‘ocationalj Career and Technical Instructional II Certificate shall be a permanentcertificate issued to an applicant who has:

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(1) Completed 3 years of satisfactory teaching on a IVocadonali Career and TechnicalInstructional I Certificate attested to by the chief school administrator of the approved public ornonpublic school entity in which the most recent service of the applicant was performed.

(2) Completed j60 credit hoursj an additional 42 credit hours including at least 6 credits or180 hours, or an equivalent combination thereof, regarding accommodations and adaptations forstudents with disabilities in an inclusive setting and at least 3 credits or 90 hours, or anequivalent combination thereof, in teaching English language learners, in an approved programin the appropriate field of Ivocationall career and technical education. For purposes of thisrequirement, I credit equals 30 hours of coursework. Applicable hours are limited to acombination of seat hours of classroom instruction, field observation experiences, major researchassignments, and development and implementation of lesson plans with accommodations andadaptations for diverse learners in an inclusive setting.

(3) Presented evidence of satisfactory achievement in assessments jof general knowledge andof professional knowledge and practicej under § 49.1 8flrelating to assessment).

(4) Completed a Department-approved two-scar induction program.

IVOCATIONALI CAREER AND TECHNICAL INTERN CERTIFICATES

§ 49.15 1. Eligibility and criteria.

(a) The Department will issue jvocationalj Career and Technical Intern Certificates forteaching in State approved programs of Ivocationall career and technical education in thepublic schools of this Commonwealth to applicants who have:

(1) Met all eligibility requirements stipulated in § 49.12 (relating to eligibility) except for thebaccalaureate degree requirement in § 49.12(4).

(2) Provided evidence of satisfactory achievement in assessments of subject matter under§ 49.18 (relating to assessment) or satisfactory occupational competency by one of thefollowing:

(i) Successfully completing the occupational competency examination of the Department.

(ii) Securing recognition of occupational competency upon the basis of credentials reviewand adequate work experience beyond the learning period as established by the Department inthose competency areas where occupational competency examinations do not exist.

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(iii) Receiving State licensure or occupational accreditation by a Board of Examinersrecognized by the Commonwealth.

(iv) Receiving certification from another state whose certification criteria are similar to thoseof this Commonwealth.

(3) Been accepted for enrollment in a State approved Ivocationall career and technicalItcacheri educator preparation program at a Commonwealth college or university.

(4) Been recommended for the certificate by the institution at which they are enrolled oraccepted.

(b) The applicant shall be issued a [Vocationalj Career and Technical Instructional ICertificate upon presenting evidence of [2 yearsl 8,000 hours (equivalent to four years full-time) wage-earning experience in the occupational area to be taught j, completion of anapproved intern programj and satisfactory achievement on the assessment of basic skills.

(c) The certificate requires continued enrollment in a State-approved teacher internprogram.

§ 49.152. Term of validity.

The Ivocationall Career and Technical Instructional Intern Certificate shall be issued for theperiod of time needed by the applicant to complete 18 semester hours within the approvedIvocationall career and technical Iteacherl educator preparation program. but in no case shallthe validity period exceed 3 years from the date of issuance.

§ 49.153. IVocationall Career and Technical Day-to-Day Substitute Permit.

(a) The chief school administrator or [vocationall career and technical school administrativedirector having jurisdiction over any approved IVocationall Career and Technical Educationprogram is authorized to issue a special Day-to-Day Substitute Permit to an occupationalpractitioner when no properly certified teachers are available. The teacher shall function underthe supervision of a properly certified supervisor or administrator. Assignments as described inthis section shall be made only in case of an emergency and may not exceed 20-consecutiveschool days. This permit will be valid for 20 days of substitute service and may be renewed foran 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 avacant position or as a long-term substitute. These positions shall be filled by a person holding a

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valid Ivocationall Career and Technical Instructional or a State issued Long-term or Day-toDay Substitute Permit. IReference should be made to § 49.32 (relating to Exceptional CasePermits).)

SUPERVISOR OF IVOCATIONALI CAREER AND TECHNICALEDUCATION CERTIFICATE

§ 49.16 I. Supervisor of [Vocational) Career and Technical Education.

(a) The Department will issue a Supenisoroflvocationall Career and Technical EducationCertificate to a person who has a minimum of3 years satisfactory certified Ivocationall careerand technical teaching experience and whose primary assignment will be one or more of thefollowing:

(1) Instructional supervision in the fields of Ivocationall career and technical education—[vocational) career and technical agriculture, Ivocationall career and technical business,distributive education, health occupations, [vocational) career and technical home economics,and Ivocationall career and technical industrial, or trade and industrial—in area [vocational)career and technical schools and corresponding Ivocationall career and technical courses inthe public secondary schools of this Commonwealth.

(2) Directing the activities of professional staff teaching in the program areas specified inparagraph (1).

(b) The Department will issue a Supervisor of [Vocational) Career and Technical EducationCertificate to a person who shall meet the requirements of § 49.111 (a)(3)—(5) (relating toSupervisory Certificate).

IVOCATIONAL) CAREER AND TECHNICAL ADMINISTRATIVEDIRECTOR CERTIFICATE

§ 49.163. jVocational) Career and Technical Administrative Director.

The Department will issue the [Vocationalj Career and Technical Administrative DirectorCertificate to persons who:

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(1) Have a minimum of !] 1 years Isuccessful teaching in vocational education] of relevantprofessional experience in a Career and Technical Education School.

(2) Have completed an approved program of graduate study following standards listed in49.111(a) and § 49.121(d) (relating to Administrative Certificate) or an approved

alternative program pursuant to 24 P.S. 12-1207.1 preparing them to direct, operate,supervise, and administer the organizational and educational activities ofa Ivocalionaltechnicall career and technical school or department; applicants shall be recommended by thepreparing institution in which the graduate program was completed.

(3) Present evidence of satisfactory achievement on assessments prescribed by the Departmentunder § 49.18(a) (relating to assessment).

Subchapter D. OUT-OF-STATE APPLICANTS

§ 49.172. Letter of eligibility.

(a) The Department will issue the appropriate letter of eligibility for consideration forappointment as a district superintendent or an assistant district superintendent to an applicantwho:

(I) Has completed a Pennsylvania approved graduate level program of educationaladministrative study for the preparation of chief school administrators or been prepared throughan 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 chiefschool, district level, administrator.

(3) Has provided evidence of 6 years of [certifiedi satisfacton’ educational or studentsupport service in Ithe basici private or public K-12 schools or an accredited institution ofhigher education land, for the superintendent’s letter, including] of which at least 3 years lofsatisfactory certified! must be service in supervisory or administrative positions.

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Subchapter E COMMISSIONS AND CERTIFICATES FORINTERMEDIATE UNITS

* ** * *

§ 49.182. Letter of eligibility.

(d) Vhen an Intermediate Unit Board of Directors finds it impossible or impractical to fillimmediately a vacancy occurring in the position of intermediate unit executive director orassistant intermediate unit executive director, the board may appoint an actingintermediate unit executive director or an acting intermediate unit executive director whodoes not meet the requirements of paragraph (a) to serve no more than one year from thetime of the appointment as acting intermediate unit executive director or acting assistantintermediate unit executive director.

Subchapter F. LETTERS OF EQUIVALENCY FORPAY PURPOSES

§ 49.191. Letters of Equivalency.

A Letter of Equivalency will be issued for salary’ purposes only, subject to the following termsand conditions:

(1) The Letter of Equivalency for Baccalaureate Degree is issued to holders of [Vocational)Career and Technical Instructional I, [Vocational) Career and Technical Instructional II ortheir equivalents upon the accumulation of 90 college credits. A minimum of 18 credit hours (ofthe final 30) shall be earned at a State-approved baccalaureate degree granting institution. ITheremaining 12) Twelve of the final 30 credit hours may be satisfied, in full or in part, throughin-service programs approved by the Secretary for meeting baccalnureate equivalencyrequirements.

(2) The Letter of Equivalency for Master’s Degree is issued to persons holding a validInstructional I, Instructional II, EducationaL Specialist I, Educational Specialist II certificate,[‘ocational) Career and Technical Instructional 1, IVocationall Career and Technical

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[nstrnctional II certificate, or their equivalents, upon the accumulation of 36 hours of graduatelevel credit. A minimum of IS academic graduate credits shall be earned in the content area ofthe applicanis Iprimary teaching assignment] certification area(s) at a college or universityapproved to offer graduate work. A maximum of 18 of the credit requirement may be satisfiedthrough in-service programs approved by the Secretary for meeLing rnasters equivalencyrequirements.

(3) A grade of “C’’ or better is required in college and university courses in which grades aregiven and a letter of satisfactory completion is required for all in-service courses used toward theattainment of the certificate.

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n‘pennsyLvaniaSTATE BOARD OF EDUCATION

December 8, 2020

Mr. David SumnerExecutive DirectorIndependent Regulatory Review Commission14th Floor, 333 Market StreetHanisburg,PA 17101

Dear Mr. Sumner:

Attached is a copy of a proposed regulation approved by the State Board ofEducation (PA Code Cite: 22 Pa. Code Chapter 49—Certification of ProfessionalPersonnel, #006-346) for review by the Commission pursuant to the Regulatory’ ReviewAct. The regulation also is being delivered today to the Legislative Reference Bureau forpublication in the Pennsylvania Bulletin. As the 2019-2020 legislative session hasconcluded, we are holding delivery of proposed regulation #6-346 to the House andSenate Committees on Education until the start of the new legislative session.

The State Board of Education will provide the Commission with any assistance itrequires to facilitate a thorough review of these proposed regulations.

Thank you for your consideration.

Sincerely,

Karen MolchanowExecutive Director

cc: Noe Ortega, Acting Secretary of EducationThomas P. Howell, Esq.Marisa Lehr, Esq.

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Jones, Stephanie

From: Bulletin <[email protected]>To: Jones, StephanieSent: Tuesday, December 8, 2020 8:42 AMSubject Read: fExternal] Read: Proposed Regulation #6-345

Your message

To: BulletinSubject: Proposed Regulation #6-346Sent: Tuesday, December 8, 2020 7:58:01 AM (UTC-05:00) Eastern Time (US & Canada)

was read on Tuesday, December 8,2020 8:42:11 AM (UTC-05:00) Eastern Time (US & Canada).

DEC —8 2020

Independent RegulatoryReview Commission

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