S. 2113 2 A. 3043
PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY
OF THIS TITLE APPLY TO THIS ARTICLE.
S 8901. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "PROFESSIONAL TEACHER" MEANS A PERSON LICENSED OR OTHERWISE AUTHOR-
IZED PURSUANT TO THIS ARTICLE TO PRACTICE TEACHING IN THE PUBLIC SCHOOLS
AND NONPUBLIC SCHOOLS OR IN ANY PROGRAM FOR THE EDUCATION OF CHILDREN
WITH DISABILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES, PROVIDED THAT
SUCH TERM SHALL NOT INCLUDE A LICENSED TEACHING ASSISTANT.
2. "LICENSED TEACHING ASSISTANT" MEANS A PERSON LICENSED OR OTHERWISE
AUTHORIZED PURSUANT TO THIS ARTICLE TO PRACTICE AS A TEACHING ASSISTANT
IN THE PUBLIC SCHOOLS AND NONPUBLIC SCHOOLS OR IN ANY PROGRAM FOR THE
EDUCATION OF CHILDREN WITH DISABILITIES OR PRESCHOOL CHILDREN WITH DISA-
BILITIES.
3. "STATE BOARD" MEANS THE STATE BOARD FOR TEACHING.
4. "SUPERINTENDENT OF SCHOOLS" MEANS THE CHIEF SCHOOL OFFICER OF ANY
PUBLIC OR NONPUBLIC SCHOOL DISTRICT IN THE STATE, INCLUDING THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK AND ANY COMMUNITY SCHOOL
DISTRICT THEREIN, OR A DISTRICT SUPERINTENDENT OF SCHOOLS.
S 8902. DEFINITION OF THE PRACTICE OF TEACHING. 1. THE PRACTICE OF THE
PROFESSION OF TEACHING AS A PROFESSIONAL TEACHER IS DEFINED AS PROVIDING
INSTRUCTION OR EDUCATIONAL SUPPORT SERVICES TO PUPILS, WHEN APPOINTED OR
OTHERWISE EMPLOYED BY THE GOVERNING BODY OF A PUBLIC OR NONPUBLIC SCHOOL
DISTRICT, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR A COUNTY VOCA-
TIONAL EDUCATION AND EXTENSION BOARD, OR WHEN EMPLOYED BY ANY ENTITY IN
A PROGRAM FOR THE EDUCATION OF CHILDREN WITH DISABILITIES OR PRESCHOOL
CHILDREN WITH DISABILITIES.
2. THE PRACTICE OF TEACHING AS A LICENSED TEACHING ASSISTANT IS
DEFINED AS ASSISTING A PROFESSIONAL TEACHER BY PROVIDING DIRECT INSTRUC-
TIONAL SERVICES TO PUPILS UNDER THE GENERAL SUPERVISION OF SUCH TEACHER,
WHEN APPOINTED, OR OTHERWISE EMPLOYED, BY THE GOVERNING BODY OF A PUBLIC
OR NONPUBLIC SCHOOL DISTRICT, A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, OR A COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD, OR WHEN
EMPLOYED BY ANY ENTITY IN A PROGRAM FOR THE EDUCATION OF CHILDREN WITH
DISABILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES.
S 8903. PRACTICE OF TEACHING AND USE OF TITLE "PROFESSIONAL TEACHER"
OR "LICENSED TEACHING ASSISTANT". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED OR EXEMPTED UNDER THIS ARTICLE MAY PRACTICE TEACHING,
PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS TO
REQUIRE NONPUBLIC SCHOOLS TO EMPLOY OR PRECLUDE NONPUBLIC SCHOOLS FROM
EMPLOYING PROFESSIONAL TEACHERS OR PROFESSIONAL TEACHING ASSISTANTS
LICENSED PURSUANT TO THIS ARTICLE. ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS ARTICLE TO PRACTICE TEACHING AS A PROFESSIONAL
TEACHER MAY USE THE TITLE "PROFESSIONAL TEACHER". ONLY A PERSON LICENSED
OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE TO PRACTICE TEACHING AS A
TEACHING ASSISTANT MAY USE THE TITLE "LICENSED TEACHING ASSISTANT."
S 8904. STATE BOARD FOR TEACHING. 1. A STATE BOARD FOR TEACHING SHALL
BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMIS-
SIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPART-
MENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE
COMMISSIONER MAY RECEIVE NOMINATIONS FOR THE TEACHER CATEGORY OF BOARD
MEMBERSHIP FROM STATEWIDE TEACHER ORGANIZATIONS REPRESENTING TEACHER
COLLECTIVE BARGAINING UNITS AND MAY RECEIVE NOMINATIONS FOR THE REMAIN-
ING CATEGORIES OF MEMBERSHIP FROM APPROPRIATE STATEWIDE REPRESENTATIVE
ORGANIZATIONS, BUT THE BOARD OF REGENTS SHALL NOT BE REQUIRED TO APPOINT
CANDIDATES SO NOMINATED.
S. 2113 3 A. 3043
2. NOTWITHSTANDING ANY PROVISIONS OF SECTION SIXTY-FIVE HUNDRED EIGHT
OF THIS TITLE TO THE CONTRARY, THE STATE BOARD FOR TEACHING SHALL HAVE
THE COMPOSITION PRESCRIBED IN THIS SUBDIVISION. THE STATE BOARD SHALL
CONSIST OF NO LESS THAN TWENTY-FOUR VOTING MEMBERS, AND SHALL BE
COMPOSED AS FOLLOWS:
A. THIRTEEN MEMBERS OR AT LEAST SIXTY PERCENT OF THE TOTAL MEMBERSHIP
OF THE STATE BOARD WITHOUT ROUNDING, WHICHEVER IS GREATER, SHALL BE
PROFESSIONAL TEACHERS WITHOUT ADMINISTRATIVE OR SUPERVISORY DUTIES WHO
HAVE BEEN EMPLOYED ON A FULL-TIME BASIS FOR AT LEAST FIVE YEARS AND WHO
POSSESS LICENSES AS PROFESSIONAL TEACHERS; PROVIDED THAT SERVICES AS A
MENTOR OR LEAD TEACHER SHALL NOT BE CONSIDERED ADMINISTRATIVE OR SUPER-
VISORY DUTIES FOR PURPOSES OF THIS PARAGRAPH;
B. ONE MEMBER SHALL BE A PROFESSIONAL TEACHER WHO HAS BEEN EMPLOYED ON
A FULL-TIME BASIS IN A PROGRAM FOR THE EDUCATION OF CHILDREN WITH DISA-
BILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES AND WHO POSSESSES A
LICENSE AS A PROFESSIONAL TEACHER;
C. ONE MEMBER SHALL BE A LICENSED TEACHING ASSISTANT EMPLOYED FOR AT
LEAST FIVE YEARS;
D. ONE MEMBER SHALL BE A SUPERINTENDENT OR DISTRICT SUPERINTENDENT OF
SCHOOLS WHO AS A SCHOOL SUPERINTENDENT HAS PRACTICED SCHOOL SUPERINTEN-
DENCY FOR AT LEAST FIVE YEARS;
E. ONE MEMBER SHALL BE AN ADMINISTRATOR;
F. ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS THE PARENT OF A
CHILD ATTENDING A PUBLIC SCHOOL OR PROGRAM FOR THE EDUCATION OF CHILDREN
WITH DISABILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES AT THE TIME OF
APPOINTMENT;
G. ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS THE PARENT OF A
CHILD ATTENDING A NONPUBLIC SCHOOL OR PROGRAM FOR THE EDUCATION OF CHIL-
DREN WITH DISABILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES AT THE
TIME OF APPOINTMENT;
H. ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS A MEMBER OF THE
BOARD OF EDUCATION OF A PUBLIC SCHOOL DISTRICT OUTSIDE OF THE CITY OF
NEW YORK AT THE TIME OF APPOINTMENT;
I. ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS A MEMBER OF THE
BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
OR THE BOARD OF EDUCATION OF A COMMUNITY SCHOOL DISTRICT WITHIN THE CITY
OF NEW YORK AT THE TIME OF APPOINTMENT;
J. THREE MEMBERS SHALL, AT THE TIME OF APPOINTMENT, BE EDUCATORS
EMPLOYED BY AN INSTITUTION OF HIGHER EDUCATION WITHIN NEW YORK STATE WHO
HAVE BEEN DIRECTLY INVOLVED IN THE PREPARATION OF TEACHERS FOR AT LEAST
FIVE YEARS;
K. NO MEMBER APPOINTED SHALL BE COUNTED IN MORE THAN ONE CATEGORY SET
FORTH IN PARAGRAPHS A THROUGH J OF THIS SUBDIVISION.
3. EACH MEMBER OF THE STATE BOARD SHALL BE APPOINTED FOR A TERM OF
FIVE YEARS, EXCEPT THAT THE TERMS OF THOSE FIRST APPOINTED SHALL BE
ARRANGED SO THAT AS NEARLY AS POSSIBLE AN EQUAL NUMBER SHALL TERMINATE
ANNUALLY. A VACANCY OCCURRING DURING A TERM SHALL BE FILLED BY APPOINT-
MENT BY THE BOARD OF REGENTS IN ACCORDANCE WITH SUBDIVISION ONE OF THIS
SECTION FOR THE UNEXPIRED TERM. IN ADDITION, THE STATE BOARD SHALL
ESTABLISH ROSTERS OF AUXILIARY MEMBERS FROM CANDIDATES NOMINATED BY
STATEWIDE TEACHER ORGANIZATIONS REPRESENTING TEACHER AND TEACHING
ASSISTANT COLLECTIVE BARGAINING UNITS AND PROFESSIONAL ASSOCIATIONS OF
PROFESSIONAL TEACHERS AND TEACHING ASSISTANTS, FOR APPOINTMENT BY THE
BOARD OF REGENTS, ON THE RECOMMENDATION OF THE COMMISSIONER, TO SERVE AS
MEMBERS OF THE STATE BOARD SOLELY FOR THE PURPOSES OF PROFESSIONAL
DISCIPLINARY PROCEEDINGS, PROCEEDINGS RELATING TO THE MORAL CHARACTER OF
S. 2113 4 A. 3043
AN APPLICANT FOR LICENSURE AND PROCEEDINGS RELATING TO APPLICATIONS FOR
THE RESTORATION OF A PROFESSIONAL LICENSE.
S 8905. TYPES OF LICENSES. THE COMMISSIONER MAY, IN REGULATIONS
APPROVED BY THE BOARD OF REGENTS AFTER CONSULTATION WITH THE STATE
BOARD, PROVIDE FOR THE ISSUANCE OF LICENSES, LIMITED TO SPECIFIC AREAS
IN WHICH AN APPLICANT IS QUALIFIED TO PRACTICE. IF LICENSES ARE SO
LIMITED, NO PERSON SHALL BE AUTHORIZED TO PROVIDE TEACHING SERVICES
PURSUANT TO SUCH LICENSE EXCEPT IN THE AREA FOR WHICH IT IS ISSUED;
PROVIDED THAT SUCH REGULATIONS MAY AUTHORIZE PRACTICE OUTSIDE OF THE
LICENSE AREA ON AN INCIDENTAL BASIS, AS DEFINED IN SUCH REGULATIONS.
S 8906. REQUIREMENTS FOR A PROFESSIONAL TEACHER'S LICENSE. TO QUALIFY
FOR A LICENSE AS A PROFESSIONAL TEACHER, AN APPLICANT SHALL FULFILL THE
REQUIREMENTS PRESCRIBED BY THE COMMISSIONER IN REGULATIONS APPROVED BY
THE BOARD OF REGENTS AFTER CONSULTATION WITH THE STATE BOARD, WHICH, AT
A MINIMUM, SHALL INCLUDE THE FOLLOWING:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION:
A. INITIAL REQUIREMENTS FOR THE LICENSE SHALL INCLUDE A BACHELOR'S
DEGREE FROM A REGISTERED PROGRAM OR ITS EQUIVALENT, A PASSING SCORE ON
STATE-REQUIRED PROFESSIONAL EXAMINATIONS, SUCCESSFUL COMPLETION OF A
YEAR-LONG SUPERVISED ACADEMIC TEACHING INTERNSHIP IN A PUBLIC OR NONPUB-
LIC ELEMENTARY AND/OR SECONDARY SCHOOL.
B. MAINTENANCE OF THE LICENSE WOULD REQUIRE, EVERY THREE YEARS, HAVING
ATTAINED STATE-APPROVED CONTINUING OR IN-SERVICE EDUCATION CREDITS, WITH
THE FOLLOWING ADDITIONS:
(1) MAINTENANCE OF REGISTRATION AFTER THE SECOND THREE-YEAR PERIOD
SHALL REQUIRE AN EARNED MASTER'S DEGREE FUNCTIONALLY RELATED TO THE
FIELD OF TEACHING SERVICE AS WELL AS EVIDENCE OF SATISFACTORY PERFORM-
ANCE ON STATE-SANCTIONED TEACHER SPECIALTY EXAMINATIONS AND ASSESSMENTS
OF TEACHING SKILLS.
(2) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
(3) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE STATE
BOARD'S CODES OF ETHICS AND PRACTICE; AND
(4) FEES: PAY THE FOLLOWING FEES TO THE DEPARTMENT:
A. A FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR INITIAL LICENSURE,
PROVIDED THAT ONLY ONE SUCH FEE SHALL BE PAYABLE FOR LICENSURE OF AN
APPLICANT WHO SIMULTANEOUSLY FILES MULTIPLE APPLICATIONS FOR LICENSURE
IN DIFFERENT AREAS OF TEACHING SERVICE;
B. IF REQUIRED PURSUANT TO REGULATIONS OF THE COMMISSIONER, A FEE FOR
ADMISSION TO LICENSING EXAMINATIONS AND/OR ASSESSMENTS AND A FEE FOR
EACH RE-EXAMINATION;
C. A FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
S 8907. REQUIREMENTS FOR A LICENSE AS A TEACHING ASSISTANT. 1. TEMPO-
RARY TEACHING ASSISTANT LICENSE. THE DEPARTMENT MAY ISSUE TEMPORARY
TEACHING ASSISTANT LICENSES, VALID FOR ONE YEAR AND RENEWABLE AT THE
DISCRETION OF THE COMMISSIONER, TO APPLICANTS WHO MEET THE REQUIREMENTS
OF THIS SUBDIVISION. TO QUALIFY FOR A TEMPORARY TEACHING ASSISTANT
LICENSE, AN APPLICANT SHALL FULFILL THE REQUIREMENTS ESTABLISHED BY THE
COMMISSIONER IN REGULATIONS APPROVED BY THE BOARD OF REGENTS AFTER
CONSULTATION WITH THE STATE BOARD, WHICH, AT A MINIMUM, SHALL INCLUDE
THE FOLLOWING:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING COMPLETION OF HIGH
SCHOOL OR ITS EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
S. 2113 5 A. 3043
C. TRAINING: SUBMIT A CERTIFICATION BY THE SUPERINTENDENT OF SCHOOLS
OR OTHER CHIEF SCHOOL OFFICER OF THE EMPLOYING SCHOOL THAT IN-SERVICE
TRAINING WILL BE PROVIDED TO THE APPLICANT DURING THE TERM OF THE TEMPO-
RARY LICENSE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
F. FEES: PAY A FEE OF FIFTY DOLLARS FOR AN ANNUAL TEMPORARY LICENSE.
G. REGISTRATION: A LICENSEE HOLDING A VALID TEMPORARY LICENSE SHALL BE
DEEMED REGISTERED DURING THE TERM OF THE TEMPORARY LICENSE WITHOUT THE
PAYMENT OF A REGISTRATION FEE, EXCEPT THAT THIS PARAGRAPH SHALL NOT
APPLY TO A LICENSEE PRACTICING UNDER A PROFESSIONAL LICENSE AS A TEACH-
ING ASSISTANT.
2. PROFESSIONAL LICENSE. IN ORDER TO QUALIFY FOR A PROFESSIONAL
LICENSE AS A TEACHING ASSISTANT, AN APPLICANT SHALL FULFILL ALL OF THE
REQUIREMENTS FOR A TEMPORARY LICENSE AND THE FOLLOWING ADDITIONAL
REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAVE COMPLETED ADDITIONAL EDUCATION AND/OR TRAINING IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
C. EXPERIENCE: HAVE COMPLETED ONE YEAR OF SATISFACTORY EXPERIENCE AS A
TEACHING ASSISTANT, OR EQUIVALENT EXPERIENCE AS PRESCRIBED IN THE
COMMISSIONER'S REGULATIONS; AND
D. FEES: PAY A FEE OF FIFTY DOLLARS FOR A PROFESSIONAL LICENSE AND A
FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8908. LIMITED PERMITS. 1. THE COMMISSIONER MAY, IN REGULATIONS
APPROVED BY THE BOARD OF REGENTS AFTER CONSULTATION WITH THE STATE
BOARD, PROVIDE FOR THE ISSUANCE OF PERMITS TO PRACTICE TEACHING THAT ARE
LIMITED AS TO ELIGIBILITY, PRACTICE AND DURATION. UPON APPROVAL OF THE
COMMISSIONER, A PERSON HAVING SPECIAL QUALIFICATIONS, AS DEFINED BY THE
COMMISSIONER IN REGULATION, MAY BE ISSUED A LIMITED PERMIT AS A VISITING
LECTURER.
2. EXCEPT AS OTHERWISE PROVIDED IN THE REGULATIONS OF THE COMMISSION-
ER, A LIMITED PERMIT ISSUED PURSUANT TO THIS SECTION SHALL BE LIMITED IN
DURATION TO ONE SCHOOL YEAR. A PERMIT MAY BE RENEWED TO THE EXTENT
PROVIDED IN THE REGULATIONS OF THE COMMISSIONER.
3. FEES. THE FEE FOR A LIMITED PERMIT SHALL BE PRESCRIBED BY THE
COMMISSIONER BY REGULATION.
S 8909. EXEMPT PERSONS. THE FOLLOWING PERSONS UNDER THE FOLLOWING
LIMITATIONS MAY PRACTICE TEACHING WITHIN THE STATE WITHOUT A LICENSE OR
LIMITED PERMIT ISSUED PURSUANT TO THIS ARTICLE.
1. A STUDENT ENROLLED IN AN APPROVED TEACHER EDUCATION PROGRAM AS PART
OF A SUPERVISED PRACTICUM.
2. A TEACHER OR TEACHING ASSISTANT EMPLOYED BY A NONPUBLIC SCHOOL
INCLUDING A NONPUBLIC SCHOOL WHICH OPERATES A PROGRAM SERVING SCHOOL-AGE
AND PRE-SCHOOL CHILDREN WITH DISABILITIES.
S 8910. SPECIAL PROVISIONS. 1. ANY PERSON WHO, ON THE EFFECTIVE DATE
OF THIS ARTICLE, HOLDS A PERMANENT CERTIFICATE VALID FOR TEACHING OR
PUPIL PERSONNEL SERVICE BY THE STATE OF NEW YORK PURSUANT TO SECTION
THREE THOUSAND FOUR OF THIS CHAPTER OR WAS LICENSED AS A TEACHER BY THE
CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO OR NEW YORK, OR WHO WAS
OTHERWISE DEEMED CERTIFIED OR LICENSED AS A TEACHER BY ANY PROVISION OF
LAW, SHALL BE DEEMED PROFESSIONALLY LICENSED PURSUANT TO THIS ARTICLE
PROVIDED THAT ANY NEW REQUIREMENTS OR STANDARDS APPLICABLE TO THE PRAC-
TICE OF TEACHING SHALL APPLY TO SUCH PERSONS AT THE END OF THREE YEARS,
WHEN TRIENNIAL REGISTRATIONS MUST BE MAINTAINED.
S. 2113 6 A. 3043
2. ANY PERSON WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, HOLDS A
PROVISIONAL CERTIFICATE AS A TEACHER MAY BE ISSUED A PROFESSIONAL
LICENSE PURSUANT TO THIS ARTICLE UPON FULFILLMENT OF THE REQUIREMENTS
FOR PERMANENT CERTIFICATION OR LICENSURE IN EFFECT WHEN THE PROVISIONAL
CERTIFICATE WAS ISSUED. SUCH EXEMPTION SHALL LAPSE UPON EXPIRATION OF
THE TERM OR TIME VALIDITY OF THE PROVISIONAL CERTIFICATE.
3. THE HOLDER OF SUCH A PERMANENT CERTIFICATE OR PROVISIONAL CERTIF-
ICATE OR LICENSE SHALL BE DEEMED TO BE THE HOLDER OF A PROFESSIONAL
TEACHERS LICENSE FOR ALL PURPOSES UNDER THIS CHAPTER.
4. THIS SPECIAL PROVISION SHALL EXTEND ONLY TO THE PRACTICE OF TEACH-
ING IN THE AREA IN WHICH SUCH PERSON HOLDS SUCH CERTIFICATION OR
LICENSE.
5. ANY PERSON WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, POSSESSES A
VALID CONTINUING CERTIFICATE AS A TEACHING ASSISTANT THAT WAS ISSUED
PURSUANT TO SECTION THREE THOUSAND FOUR OF THIS CHAPTER AND THE REGU-
LATIONS OF THE COMMISSIONER OR A VALID LICENSE AS A TEACHING ASSISTANT
ISSUED BY THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO OR A VALID
LICENSE ISSUED BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK FOR
THE TITLES OF TEACHER AIDES, EDUCATIONAL ASSISTANCE, EDUCATIONAL ASSOCI-
ATE, AUXILIARY TRAINER, BILINGUAL PROFESSIONAL ASSISTANT, TEACHER'S
ASSISTANT OR SUBSTITUTE VOCATIONAL ASSISTANT, SHALL BE DEEMED TO HOLD A
PERMANENT LICENSE AS A TEACHING ASSISTANT ISSUED PURSUANT TO THIS ARTI-
CLE; EXCEPT THAT ANY NEW REQUIREMENTS OR STANDARDS APPLICABLE TO THE
PRACTICE OF TEACHING AS A TEACHING ASSISTANT SHALL APPLY TO SUCH PERSONS
AT THE END OF THREE YEARS WHEN TRIENNIAL REGISTRATIONS MUST BE MAIN-
TAINED.
S 8911. DISCIPLINARY PROCEDURES AND REMEDIES. 1. IN ADDITION TO THE
OFFENSES LISTED IN SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE, A
PROFESSIONAL TEACHER OR LICENSED TEACHING ASSISTANT MAY BE FOUND GUILTY
OF GROSS PEDAGOGICAL INCOMPETENCY, WHICH SHALL INCLUDE, BUT NOT BE
LIMITED TO, LACK OF SUBSTANTIVE KNOWLEDGE OF THE SUBJECT MATTER IN THE
LICENSE AREA FOR WHICH A LICENSE HAS BEEN GRANTED, LACK OF SKILLS APPRO-
PRIATE TO TEACHING IN THE LICENSE AREA OR LACK OF CONTINUED COMPLIANCE
WITH ANY GROUND OR CONDITION FOR OBTAINING A LICENSE.
2. HEARINGS ON COMPLAINTS OF GROSS PEDAGOGICAL INCOMPETENCY. EXCEPT
AS OTHERWISE PROVIDED IN THIS SUBDIVISION, HEARINGS IN CONTESTED DISCI-
PLINARY PROCEEDINGS IN THE TEACHING PROFESSION SHALL BE CONDUCTED IN
ACCORDANCE WITH SUBDIVISION THREE OF SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
3. HEARING PANEL FOR COMPLAINTS OF GROSS PEDAGOGICAL INCOMPETENCY. FOR
COMPLAINTS OF GROSS PEDAGOGICAL INCOMPETENCY, A HEARING SHALL BE
CONDUCTED BEFORE A FIVE-MEMBER HEARING PANEL COMPOSED OF THREE VOTING
MEMBERS OF THE STATE BOARD FOR TEACHING, AT LEAST ONE OF WHOM SHALL BE A
PUBLIC REPRESENTATIVE, AND TWO AUXILIARY MEMBERS OF THE STATE BOARD
APPOINTED BY THE BOARD OF REGENTS PURSUANT TO SUBDIVISION THREE OF
SECTION EIGHTY-NINE HUNDRED FOUR OF THIS ARTICLE. THE STATE BOARD SHALL
MAINTAIN LISTS OF AUXILIARY STATE BOARD MEMBERS COMPOSED OF PRACTICING
PROFESSIONAL TEACHERS IN EACH LICENSE AREA, AND A LIST COMPOSED OF PRAC-
TICING LICENSED TEACHING ASSISTANTS. THE COMMISSIONER SHALL APPOINT TO
EACH SUCH HEARING PANEL TWO AUXILIARY STATE BOARD MEMBERS FROM THE LIST
WHICH CORRESPONDS TO THE LICENSE AREA OF THE LICENSEE WHO IS CHARGED
WITH GROSS PEDAGOGICAL INCOMPETENCY, PROVIDED THAT SUCH APPOINTMENTS MAY
BE MADE FROM THE LIST FOR ANY LICENSE AREA IN THE EVENT THAT THE APPLI-
CABLE LIST IS EXHAUSTED.
4. IN THE EVENT THAT THE BOARD OF REGENTS ISSUES AN ORDER REVOKING THE
LICENSE OF A PROFESSIONAL TEACHER OR LICENSED TEACHING ASSISTANT, OR IN
S. 2113 7 A. 3043
THE EVENT OF FAILURE TO MAINTAIN REGISTRATION PURSUANT TO SECTION EIGHT-
Y-NINE HUNDRED SIX OF THIS ARTICLE THE EMPLOYING SCHOOL DISTRICT OR
BOARD SHALL BE AUTHORIZED TO SUSPEND SUCH INDIVIDUAL WITHOUT PAY PENDING
A FINAL DECISION ON JUDICIAL REVIEW OF SUCH ORDER; PROVIDED THAT IF,
UPON COMPLETION OF JUDICIAL REVIEW, THE ORDER REVOKING THE LICENSE OR
DENYING REGISTRATION OF THE PROFESSIONAL TEACHER OR LICENSED TEACHING
ASSISTANT IS ANNULLED AND SUCH LICENSE IS RESTORED OR REGISTRATION
GRANTED, THE LICENSEE SHALL BE ENTITLED TO REINSTATEMENT AND FULL PAY
FOR ANY PERIOD OF SUSPENSION. IF, UPON COMPLETION OF JUDICIAL REVIEW,
THE ORDER OF THE REGENTS REVOKING THE LICENSE OR DENYING REGISTRATION IS
SUSTAINED, THE TEACHER OR TEACHING ASSISTANT SHALL BE DEEMED TO HAVE
VACATED HIS OR HER POSITION OF EMPLOYMENT AS OF THE DATE THE REGISTRA-
TION EXPIRED OR AS OF THE DATE THE LICENSE IS SURRENDERED TO THE DEPART-
MENT OR FIVE DAYS AFTER THE EFFECTIVE DATE OF SERVICE OF THE REGENTS
ORDER, WHICHEVER IS EARLIER.
S 8912. PENALTIES UPON CONVICTION OF A FELONY. NOTWITHSTANDING THE
PROVISIONS OF SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE, A TEACHER
OR TEACHING ASSISTANT CONVICTED OF A FELONY SHALL AUTOMATICALLY LOSE HIS
OR HER LICENSE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.