N.Y. Comp. Codes R. & Regs. tit. 8 § 126.6

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

Section 126.6 - Qualifications of teaching and management personnel

(a) Each applicant shall submit, in a format specified by the commissioner, such data concerning the education, training, experience and other qualifications, including supporting documentation, of the administrative, supervisory and instructional staff of the school as the commissioner may require. Upon submission of an application for a director, the owner shall attest to the applicant's ability to comply with the provisions of this section. Pursuant to section 5002 (6) of the Education Law, all applications for teachers and directors shall be mailed or submitted electronically to the commissioner four days prior to employment at the school, an d must be completed, with all supporting materials and fees required for evaluation of the file, within 20 days thereafter. However, the commissioner, for good cause shown, may extend the time within which to complete the application. When a complete application is made, the commissioner shall act upon such application within 30 days. If no written denial is made within 30 days, the application shall be deemed to be approve d until the commissioner acts upon it or until the end of the term or semester, whichever occurs first. If a written denial is made after the 30-day period, the commissioner may allow the applicant to teach at the school f or the remainder of the term or semester if the commissioner determines that the removal of the teacher would not be in the best interest of students. If a teacher or director application, submitted to the department is mailed and postmarked, or electronically submitted less than four days prior to the employment of such individual, is evaluated and is subsequently determined that the applicant is not qualified pursuant to the provisions of this section, the school may be subject to disciplinary action pursuant to section 5003 of the Education Law, if such conduct constitutes a pattern of abuse. As used in this subdivision, a pattern of abuse is defined as violations which occur three or more times in a 12-month period.

(b) The commissioner shall issue the following types of licenses and permits:

(1) Director's license or permit--issued to qualified directors.

(2) Teacher's license or permit--issued to qualified instructors or supervisors.

(c) Directors' licenses shall be valid only for the school for which they are issued. No individual may be employed as a director at more than one school without the approval of the commissioner.

(1) Teachers' permits or licenses, issued on or after December 15, 2012, shall be valid at any licensed private career school only for the curricula, courses/content areas or occupations listed on the license.

(2) Teachers' permits or licenses issued prior to December 15, 2012, including licenses for teaching specific occupational subjects or specific subjects certified by a nationally recognized vendor, or the licenses approved pursuant to subdivision (k) of this section shall be valid only for the school or schools, curricula, courses/content areas or occupation indicated on the license, except that a teacher's license issued to a teacher in a registered business school/computer training facility on or after January 1, 1987 shall be valid at all licensed private career schools for the courses, curricula/content areas or occupation indicated on the license. Teachers holding valid private school teacher licenses valid at only one school location shall have them replaced, at no cost, with licenses valid at any licensed school in the same subject or subjects and with the same expiration date as was listed on the previous teaching license.

(d) Each licensed private career school shall employ a director who shall be responsible for all activities of the school or done in the name of the school. A director shall meet the requirements of this subdivision to be licensed by the department and, pursuant to section 5004 (4-a) of the Education Law, may apply for a private school agent's certificate on forms prescribed by the commissioner without incurring the agent application fees.

(1) Preparation. Directors shall meet the preparation requirements for licensure prescribed in subparagraph (i) or (ii) of this paragraph, as applicable, and also the preparation requirement in subparagraph (iii) of this paragraph.

(i) Directors of licensed private career schools shall meet the following preparation requirements:

(a) have completed an approved four-year high school program or hold a high school equivalency diploma; and

(b) have at least five years of acceptable practical experience in one or more of the courses taught in the school, or five years of acceptable teaching experience in one or more of the courses taught in the school, or five years of acceptable administrative or supervisory experience, or a combination of such acceptable experience amounting to at least five years; or

(c) have received an appropriate baccalaureate or higher degree upon completion of an approved college program in the field of business administration, educational administration, or public administration.

(ii) In addition to meeting the preparation requirements of subparagraph (i) of this paragraph, all directors shall have completed an approved 15 clock-hour course offered by the department in private school administration prior to receiving a full director license.

(iii) Upon a finding by the commissioner that an applicant for licensure possesses education, training and/or experience that is substantially equivalent to a preparation requirement of this paragraph, the commissioner may accept such education, training and/or experience in lieu of meeting the preparation requirement of this paragraph.

(2) Directors shall be of good moral character, as determined by the commissioner.

(3) Directors shall have the administrative and educational competency to operate a school, as determined by the commissioner. The factors considered by the commissioner in evaluating administrative and educational competency shall include, but not be limited to, patterns of violations of the duties and responsibilities of a director relating to the administration of a school, as set forth in this Part and article 101 of the Education Law.

(4) Temporary permit requirements. Individuals who meet the preparation requirements of subparagraph (1)(i) of this subdivision may be issued a temporary permit, valid for one year, during which the requirement of subparagraph (1)(ii) of this subdivision shall be met. A full director's license shall not be issued until the candidate meets all applicable preparation requirements, prescribed in paragraph (1) of this subdivision.

(5) Duration of license.

(i) A full director's license issued on or after May 25, 2000 shall be valid for the same period for which the school is licensed or registered and a renewal application for such license shall be submitted with the renewal application for the employing school.

(ii) A permanent director's license issued prior to May 25, 2000, shall continue to be valid without renewal until such time as the director leaves the school and location for which the license is valid.

(e) All teachers who have been issued a license or permit pursuant to the requirements of this section shall successfully complete an orientation to classroom management program within four weeks of employment at a licensed private career school according to the following requirements:

(1) The orientation to classroom management program shall be developed by the licensed private school or registered business school/ computer training facility and offered to all licensed teachers or teachers holding a permit.

(2) The topics for the orientation to classroom management program shall include, but not be limited to, information on adult learning styles, introduction to the syllabus, writing lesson plans, testing, the maintenance of attendance records, grading, discipline and teacher licensing requirements.

(3) A one-page checklist in a format prescribed by the commissioner, certifying the teacher's completion of the program, must be provided to the teacher and placed in the teacher's personnel file for review by department staff upon request.

(f) All teachers in licensed private career schools shall meet the requirements of this subdivision.

(1) Teachers shall meet the following requirements:

(i) have completed an approved four-year high school program or hold a valid high school equivalency diploma; and

(ii) have the required preparation and training set forth in either clause (a) or (b) of this subparagraph:

(a) at least two years of practical experience acceptable to the commissioner in the subject area or occupation to be taught. Teaching experience will not be accepted in lieu of practical experience; or

(b) for specific business subject areas only:

(1) the candidate shall hold a valid permit:

(i) for a permit in general academic, an applicant shall have been awarded a baccalaureate or equivalent degree from an institution whose programs are registered or recognized by the department;

(ii) for a permit in accounting, office skills, or management and marketing, an applicant shall have been awarded a baccalaureate or equivalent degree and 18 semester hour credits in approved course work appropriate for the instructional area of the permit from an institution whose programs are registered or recognized by the department. Such 18 semester hour credits may be earned in the baccalaureate or equivalent program or may be credits earned in addition to credits earned in such a program;

(iii) for a permit in English for speakers of other languages (ESOL), an applicant shall have been awarded a baccalaureate or equivalent degree from an institution whose programs are registered or recognized by the department; and either:

(A) shall have successfully completed an approved 30-clock-hour course in teaching English for speakers of other languages (ESOL) from a proprietary school association recognized by the commissioner; or

(B) shall have been awarded three semester hour credits in teaching ESOL from an institution whose programs are registered or recognized by the department;

(iv) for a permit in computer applications or computer programming, an applicant either:

(A) shall have been awarded a baccalaureate or equivalent degree and 18 semester hour credits in approved course work appropriate for the instructional area of the permit from an institution whose programs are registered or recognized by the department; provided that such 18 semester hour credits may be earned in the baccalaureate or equivalent program or may be credits earned in addition to credits earned in such a program and that appropriate work experience may be substituted for up to six of the 18 semester hour credits; or

(B) shall have been awarded an associate degree in computer science from an institution whose programs are registered or recognized by the department and shall have completed two years of appropriate work experience in the instructional area of the permit;

(v) for a permit in hospitality management, an applicant either:

(A) shall have been awarded a baccalaureate in hospitality management from an institution whose programs are registered or recognized by the department; or

(B) shall have been awarded a baccalaureate or equivalent degree in another field and 12 semester hour credits in approved course work appropriate for a permit in hospitality management from an institution whose programs are registered or recognized by the department; provided that such 12 semester hour credits may be earned in the baccalaureate or equivalent program or may be credits earned in addition to credits earned in such a program, and shall have completed four years of appropriate work experience in hospitality management; or

(C) shall have been awarded an associate degree in hospitality management from an institution whose programs are registered or recognized by the department and shall have completed two years of appropriate work experience in hospitality management;

(vi) for a permit in court reporting or paralegal, the applicant shall have been awarded a high school diploma or its equivalent, completed successfully an approved program in the instructional area of the permit, and completed two years of appropriate work experience;

(vii) for a permit for travel and tourism, an applicant either:

(A) shall have been awarded a high school diploma or its equivalent and shall have completed four years of appropriate work experience in travel and tourism; or

(B) shall have been awarded an associate degree in travel and tourism from an institution whose programs are registered or recognized by the department and shall have completed two years of appropriate experience in the field of travel and tourism;

(viii) for a permit to teach a specific subject from a curriculum certified by a nationally recognized vendor, an applicant shall hold certification as an instructor by the vendor, in accordance with section 5002 (6)(c) of the Education Law;

(iii) an exception may be made by the commissioner for an applicant who does not meet the requirements of subparagraph (i) or (ii) of this paragraph, if such applicant possesses qualifications sufficiently unique in the judgment of the commissioner to warrant such exception;

(iv) if an occupationally required credential is required for the performance of any occupation other than teaching, the teacher shall also be required to hold such credential;

(v) be of good moral character, as determined by the commissioner; and

(vi) have the instructional competency to provide the instruction authorized by the license, as determined by the commissioner, based on factors to be considered by the commissioner which shall include, but shall not be limited to, patterns of violations of the requirements of this Part or article 101 of the Education Law, relating to the instruction of students.

(2) Teachers who meet the requirements of paragraph (1) of this subdivision and apply for a permit or license may be issued:

(i) a temporary teacher's permit valid for one year, during which time a 30- clock-hour approved course in general teaching methods from a proprietary school association recognized by the commissioner or a three-semester-credit-hour course in general teaching methods from an institution whose programs are registered or recognized by the department shall be completed;

(ii) a provisional teacher's license valid for a period of three years after completion of the requirements set forth in subparagraph (i) of this paragraph;

(iii) a full teacher's license after completion of two additional 30-clock-hour approved professional education courses from a proprietary school association recognized by the commissioner or three additional semester credit hours in appropriate professional education from an institution whose programs are registered or recognized by the department during the period of validity of the provisional license. Such full teacher's license shall be valid for a period of four years, and a teacher shall apply for the renewal of such teacher's license every four years.

(3) A permanent teacher's license issued prior to May 25, 2000, shall continue to be valid without renewal until such time as the teacher leaves the school and location for which the license is valid.

(4) Provisional licenses. Applicants for a provisional license shall meet the appropriate requirements set forth in paragraph (1) of this subdivision and shall also meet the following requirements:

(i) For a provisional license for all instructional areas identified in paragraph (1) of this subdivision with the exception of English for speakers of other languages (ESOL), an applicant shall have successfully completed either three semester credit hours of study in approved course work in general teaching methods from an institution whose programs are registered or recognized by the department, or an approved 30-clock-hour course in general teaching methods from a proprietary school association recognized by the commissioner.

(ii) For a provisional license for English for speakers of other languages (ESOL), an applicant shall have successfully completed either three semester credit hours of study in approved course work in general teaching methods from an institution whose programs are registered or recognized by the department, or an approved 30-clock-hour program in general teaching methods or methods of teaching English for speakers of other languages (ESOL) from a proprietary school association recognized by the commissioner.

(5) Full licenses. Applicants for a full license shall meet the appropriate requirements set forth in subparagraphs (i) and (ii) of this paragraph, including any required coursework. Applicants shall also complete the following:

(i) For a full license for all instructional areas with the exception of English for speakers of other languages (ESOL), applicants shall have successfully completed either:

(a) an additional three semester credit hours of appropriate study in professional education from an institution whose programs are registered or recognized by the department; or

(b) an approved 60-clock-hour program(s) in professional education from a proprietary school professional association recognized by the commissioner.

(ii) For a full license to teach English for speakers of other languages (ESOL), an applicant shall have successfully completed:

(a) coursework in methods of teaching ESOL totaling 60 clock hours from a proprietary school association recognized by the commissioner or three semester credits from a program registered or recognized by the department; and

(b) coursework in general teaching methods totaling 30 clock hours from a proprietary school association recognized by the commissioner or three semester credits from a program registered or recognized by the department.

(g) Notwithstanding the provisions of subdivision (f) of this section, instructors and/or examiners in home study, internet or correspondence schools must have appropriate education and experience qualifications acceptable to the commissioner to meet the requirements for a license.

(h) A $100 nonrefundable application fee in the form of a check or money order payable to the State Education Department shall accompany all applications for teachers' permits and licenses, directors' permits and licenses, renewals thereof, and amendments of temporary permits and licenses. Applications for licenses issued to teachers may be submitted by the applicants or the directors of the schools.

(i) Upon a finding by the commissioner that an applicant possesses sufficiently unique and exceptional training and/or experience that are the substantial equivalent of the preparation and experience requirements of this section, a variance may be granted from any such requirements established in this section.

(j) All teachers or directors licensed pursuant to this section who hold a permit or a provisional license shall submit an application for the next level of licensure at least 30 days prior to the expiration of the existing permit or license. All full license holders shall submit license renewal applications at least 90 days prior to the expiration of the existing license.

(k) An applicant for licensure pursuant to the requirements of subdivision (f) of this section shall be exempt from the required general teaching methods course and the professional education courses, if the applicant meets one of the following criteria:

(1) possesses a degree in doctor of law (J.D.), doctor of medicine (M.D.), doctor of philosophy (Ph.D.) or doctor of education (Ed.D); or

(2) is identified by the commissioner as a special lecturer for a non-occupational course who is employed by the school as an expert in the field to provide instruction for a limited component of a course or curriculum.

(l) Proprietary school professional associations approved by the commissioner to conduct teacher training courses as specified in this section may have such approval rescinded if the courses are not provided as approved including but not limited to the failure to conduct such courses the approved number of times.

(m) Substitute teachers. Only a teacher licensed pursuant to this section may act as a substitute teacher in a school under the following conditions:

(1) Except as otherwise noted in paragraph (2) of this subdivision, a substitute teacher shall be licensed in the course, curriculum or instructional area for which he or she is providing instruction.

(2) A school may utilize the services of a substitute teacher who is licensed but not licensed for the appropriate course, curriculum or instructional area, if such substitute teacher meets the following requirements:

(i) the school's director appoints an appropriately licensed teacher employed at the school to serve as a mentor for such substitute teacher, and such mentor meets with the substitute teacher at least one hour each week to review lesson plans, resolve problems, explain school policies and provide the necessary support for the substitute teacher; and

(ii) such substitute teaching shall not exceed 10 percent of the total hours of the course or curriculum offering.

(n) Vendor demonstrator. In cases where the curricula/courses offered require the assistance of a vendor demonstrator, the need for a demonstrator must be included and approved in the specific course or curriculum approval. Vendor demonstrators are not recognized as teachers, may not assume the routine function of teachers, and can only be used with a licensed teacher present.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.6

Amended New York State Register August 1, 2018/Volume XL, Issue 31, eff. 8/1/2018