Bilingual 97-02
To: | District Superintendents |
Presidents of Boards of Education | |
Superintendents of Schools | |
Organizations, Parents, and Individuals Concerned with Special Education | |
Superintendents of State-Operated and State-Supported Schools | |
Nonpublic School Administrators and Educators | |
NYS Association for Bilingual Education | |
NYS Teachers of English to Speakers of Other Languages | |
Bilingual Special Education Advisory Council | |
State and Local Teacher Associations | |
NYC Board of Education | |
Executive Directors of Approved Private Schools | |
NYS Board for Physical Therapy | |
NYS Board for Psychology | |
NYS Board for Speech-Language Pathology and Audiology | |
Directors of Special Education | |
Chairpersons of Committees of Special Education | |
Chairpersons of Committees of Preschool Special Education | |
Directors of Pupil Personnel Services | |
Directors of Approved Preschools Programs and Preschool Educators | |
Municipality Preschool Special Education Coordinators | |
Early Childhood Directions Centers | |
Colleges with Special Education Teacher Training | |
Colleges with Bilingual Education Teacher Training | |
Commissioner's Advisory Panel for Special Education Services | |
Independent Living Centers | |
Community Dispute Resolution Centers | |
Impartial Hearing Officers | |
SETRC Project Directors and Training Specialists | |
SEALTA Project Directors | |
Head Start Directors | |
Chief Elected Officials of Counties | |
From: | Johanna Duncan-Poitier, Associate Commissioner - Office of the Professions Lawrence T. Waite, Coordinator - Special Education Services Charles C. Mackey, Jr., Administrator - Teacher Certification Policy |
Subject: |
Certification and Licensing of Bilingual Special Education Professionals |
The purpose of this memorandum is to clarify the certification and licensing requirements for bilingual special education professionals. A prerequisite for providing special education programs and services in New York State is a New York State certificate as a teacher (special education, speech and hearing handicapped, deaf and hearing impaired, or blind and partially sighted) or school psychologist, school social worker or school counselor or, in some cases, a professional license.
The information which follows, in a question and answer format, clarifies the certification and licensure requirements of individuals who conduct bilingual evaluations and provide bilingual special education programs and services for children within preschool, elementary or secondary programs. Two tables summarize the credentialing requirements at both the preschool and school-age levels. It is recommended that individuals use the tables to determine specific credential requirements.
A school certificate which is issued by the New York State Education Department's Office of Teaching is valid only for service in the certification area while employed in a school district. Licenses issued by the New York State Education Department's Office of the Professions give individuals the general authority to practice a specific profession in many settings. However, individuals who hold a professional license but not a school certificate may only practice within the school setting under special conditions.
In accordance with Part 80 of the Regulations of the Commissioner of Education,
requirements for teaching certificates in the State of New York include a)
coursework completed in a registered program at an approved institution of
higher education; b) satisfactory completion of teacher examinations; c)
United States citizenship (permanent certificate) or declaration of intent
to apply for U.S. citizenship (provisional certificate); and d) participation
in a workshop in the identification and reporting of suspected child abuse.
Under Part 80 of the Regulations of the Commissioner of Education, the New York State Education Department issues certificates in teaching, including classroom teaching, special education, school psychology, school social work and school administration among others. All salaried school staff working in these categories must hold valid teaching certificates. These teachers may provide services as employees of the school district whether they are in the school setting in which they work, or in another setting, such as an approved preschool, school district, municipality or BOCES, with which their school district has a contractual agreement to provide such services. Certified school psychologists and certified teachers of the speech and hearing handicapped may conduct evaluations and provide special education programs and services only as salaried employees of an elementary, middle or secondary school, or when employed in a salaried position in a federal, State, county or municipal agency. [ Note that the Department has construed an elementary school to include a preschool program approved in accordance with Section 4410 of the Education Law.] However, certified school psychologists may only provide services as salaried employees of chartered preschools or preschools formed under the Business Corporation Law or NPCL with consent of the Commissioner, provided that their certificate of incorporation includes the language required by Regents Rule 3.26.
A person holding only a school certificate in an area in which there
also is a professional license (e.g., psychology and speech-language pathology)
may only provide services related to their certification area in the school
district, Board of Cooperative Educational Service (BOCES), New York State
approved preschool or school-age special education program in which they
are employed. A school district, chartered preschool (or preschool formed
under Business Corporation Law or NPCL as indicated above), municipality
or BOCES may contract with another such entity for the services of a school
psychologist who is a salaried employee of such entity.
Professional licenses are issued to psychologists, speech-language pathologists,
audiologists, occupational therapists, physical therapists and certified
social workers. Licensed psychologists may provide special education programs
and services as independent contractors and conduct evaluations under certain
conditions. A board of education has no general statutory authorization to
contract with a licensed psychologist for the services provided by school
psychologists unless so ordered by a Court of Law to ensure the timely provision
of special education programs and services. As specified in statute and
regulations (Section 4402 of Education Law and Section 200.4 of the Regulations
of the Commissioner of Education), a "school psychologist" would determine
the need to have a licensed psychologist conduct the psychological evaluation
for a school- age student.
Individuals holding only a professional license in speech-language
pathology may conduct evaluations [in a school setting] as an independent
contractor but must also be certified in order to provide related services
(e.g., speech). Licensed occupational therapists, physical therapists or
audiologists may conduct evaluations as well as provide special education
programs and services either as an independent contractor or a salaried school
employee.
Generally, yes. However, staff should be aware that differences exist for certain personnel categories. Table I provides an overview of credentialing requirements at the preschool level. There are no differences for licensed occupational therapists, physical therapists or audiologists.
No. Staff employed by the City School District of Buffalo or the City of
New York must hold a license issued by the city in which they are employed.
This license is only valid within that district. Staff holding only a New
York City or Buffalo license may only work outside their school district
in an approved preschool, school district, municipality or BOCES with which
the school district which employs them has a contract.
Bilingual special education service providers must hold a New York State certificate as indicated above with a bilingual education extension to that certificate. The bilingual education extension attests to the fact that the holder has completed additional coursework in bilingual education in a program registered to provide these courses and has successfully demonstrated proficiency in English and the target language on the language proficiency assessments (LPAs). If employed by New York City or Buffalo, the individual must also hold a bilingual license issued by New York City or Buffalo (for service in those districts).
If a school district, approved private school, BOCES or municipality is unable to locate an appropriately certified teacher, an application may be made to the Department for approval of a temporary license which will allow the program to temporarily employ an uncertified teacher (8 NYCRR 80.18). The temporary license, which can only be requested by the school district, approved private school, BOCES or municipality employing the uncertified teacher, is granted for one year and is renewable for five additional years while the individual is completing requirements for certification in the area. The temporary license is renewed contingent on the individual's completion of at least six semester hours of study annually toward certification at a registered institution of higher education.
Temporary bilingual education extension licenses can also be granted
to those individuals who hold a certificate in school psychology, school
counseling and school social work.
Language proficiency alone does not qualify an individual to provide bilingual
services. Employers and service providers must comply with all relevant licensing
and certification requirements.
A person may ascertain whether they require additional coursework or other
examinations for certification by applying to the New York State Education
Department for the bilingual education certificate extension. If the candidate
has completed all requirements, s/he will receive the certificate. In all
other cases, the candidate will receive a statement specifying the deficiency
(ies).
Some candidates may receive credit for coursework completed for certificates
received in other States or territories; however, this determination can
only be made through formal application to the New York State Education
Department. Holders of out-of-state certificates are required to apply for
a certificate from the New York State Education Department and successfully
complete all teacher examinations and, in the case of the bilingual education
extension, language proficiency assessments. A certificate or license issued
by another State, territory or country does not automatically qualify an
individual to provide services in New York State.
As of September 2, 1995, candidates for New York State bilingual education
extension certificates may demonstrate proficiency in English and the target
language only by successfully completing the Language Proficiency Assessments
(LPAs) administered by the National Evaluation Systems under contract with
the New York State Education Department. The only exception to this provision
is the candidate who has made formal application to the New York State Education
Department for a bilingual extension of a teaching certificate prior to September
2, 1995. He/she may satisfy the language proficiency requirement by successfully
completing a language proficiency examination administered by an institution
of higher education approved for this purpose. All candidates must successfully
complete a language proficiency assessment in both English and the target
language.
Yes.
A licensed speech-language pathologist may conduct bilingual evaluations as an independent contractor or as an employee of a preschool. A speech-language pathologist who holds only a license is not required by licensing law to have completed additional bilingual coursework or demonstrated proficiency in English or the language in which the evaluation is being conducted. Agencies contracting with a licensed speech-language pathologist may require additional preparation as a pre condition to his/her contractual agreement. Such agencies may consider minimally requiring that a contractor successfully complete the National Evaluation Systems Language Proficiency Assessments (LPAs).
Speech-language pathologists who provide services to children based on their
Individualized Education Plan (IEP) must be certified as Teachers of the
Speech and Hearing Handicapped regardless of whether they are employees or
independent contractors. [The requirement for a license and a certificate
also applies to Related Service Agreements (RSAs) with New York City Public
Schools].
A speech-language pathologist must hold a certificate as a teacher of the
speech and hearing handicapped with a bilingual education extension to provide
bilingual evaluation and speech services as an employee of a board of education
serving school-age students.
A salaried employee of an approved preschool program must hold a certificate
as a teacher of the speech and hearing handicapped with a bilingual extension
to provide speech services. However, an individual may be employed to provide
bilingual evaluations while holding only a license as a speech-language
pathologist.
A licensed psychologist may conduct bilingual evaluations of and provide
special education programs and services to preschool students as an independent
contractor with no further credential. However, for school-age students,
a board of education has no general statutory authorization to contract with
a licensed psychologist for the services provided by school psychologists
unless so ordered by a Court of Law to ensure the timely provision of special
education programs and services. As specified in statute and regulations
(Section 4402 of Education Law and Section 200.4 of the Regulations of the
Commissioner of Education), a school psychologist would determine the need
to conduct a psychological evaluation of a school-age student. Such a
determination is based on an assessment performed by a school psychologist
as described in the memorandum "Procedures for the Determination of the Need
to Administer Psychological Evaluations" (September 1995).
A psychologist who holds only a license is not required by Education Law
to have completed additional bilingual education coursework or demonstrated
proficiency in English or the language in which the evaluation is being
conducted. Agencies contracting with a licensed psychologist may require
additional preparation as a pre condition to his/her contractual agreement
such as successful completion of the National Evaluation Systems Language
Proficiency Assessments (LPAs).
The school psychologist must hold a bilingual education extension of his/her school psychology certificate to conduct bilingual evaluations and provide bilingual special education programs and services as a salaried employee of a public or nonpublic elementary or secondary school or appropriately chartered nonpublic school or chartered preschool. A school district may contract with another school district or BOCES for the use of a bilingual school psychologist.
D. SOCIAL WORK
There are no further coursework requirements for a school certificate. Individuals must apply for a New York State certificate as a school social worker.
Individuals may request an application for a New York State certificate by
writing to: New York State Education Department, Office of Teaching, Cultural
Education Center, Albany, New York 12230. Information may be obtained on
certification by calling (518) 474-3901 or through the worldwide web:
http://www.nysed.gov/tcert/homepage/htm Information on New York State Teacher
Certification Examinations can be obtained from National Evaluation Systems
at (413) 256-2882.
Information may be obtained by contacting the New York State Education Department
Office of Vocational and Educational Services for Individuals with Disabilities
(VESID) at (518) 486-7462.
Information may be obtained by contacting the New York State Education Department Office of the Professions at (518) 474-3817 or through the worldwide web address: http://www.op.nysed.gov/
Table 1
CREDENTIALS REQUIRED FOR
BILINGUAL SERVICES IN A K-12 SCHOOL SETTING
OR A PRESCHOOL PROGRAM IN A SCHOOL DISTRICT
Type of Credential |
Evaluations |
Special Education Programs and Services 1 |
|||
License |
School Certificate |
School Employment |
Contract Service/Independent Provider |
School Employment |
Contract Service/Independent Provider |
Psychologist | . | . | X 2 | . | X 3 |
. | School Psychologist with bilingual education extension | X 4 | . | X 4 | . |
Speech Language Pathologist | . | . | X | . | . |
. | Teacher of Speech and Hearing Handicapped with bilingual education extension | X 4 | . | X 4 | X 5 |
Social Worker (CSW) | . | . | X | . | . |
Social Worker (CSW) | School Social Worker with bilingual education extension | X | X | X | X |
Audiologist | . | X | X | X | X |
Occupational Therapist | . | X | X | X | X |
Physical Therapist | . | X | X | X | X |
Footnotes for Table 1
1. Special education programs and services mean specially designed individualized or group instruction or special services or programs, as defined in subdivision 2 of section 4401 of the Education Law, provided at no cost to the parent, to meet the individual needs of students with disabilities.
2. A licensed psychologist may only be contracted to conduct an evaluation pursuant to 8NYCRR 200.4 (b) if referred by a school psychologist after an assessment or to conduct an independent evaluation pursuant to 8NYCRR 200.1 and 200.5 of the Regulations of the Commissioner of Education.
3. A licensed psychologist may be used only under special circumstances, e.g., under a court order.
4. Personnel holding only school certification may provide services as salaried employees of the school district whether they are in the school setting in which they work, or in another setting, such as an approved preschool, school district, municipality, or BOCES, with which their school district has a contractual agreement to provide such services.
5. Personnel holding only school certification may provide programs and services
of "specially designed instruction" in another setting, such as an approved
preschool, school district, municipality, or BOCES as an independent
provider.
Table 2
CREDENTIALS FOR THE PROVISION OF BILINGUAL SERVICES
TO PRESCHOOL STUDENTS WITH DISABILITIES IN
PROGRAMS NOT ADMINISTERED BY SCHOOL DISTRICTS
Type of Credential |
Evaluations |
Special Education Programs and Services 1 |
|||
License | School Certificate | Approved Preschool or Evaluation Site Employment | Contract Service | Approved Preschool Employment | Contract Service |
Psychologist | . | X | X | X | X |
. | School Psychologist with bilingual education extension | X 2 | . | X 2 | . |
Speech Language Pathologist | .. | X | X | . | . |
. | Teacher of Speech and Hearing Handicapped with Bilingual Education Extension | X 3 | . | X | X 4 |
Social Worker (CSW) | . | X | X | X | X |
Social Worker (CSW) | School Social Worker with bilingual education extension | X | X | X | X |
Audiologist | . | X | X | X | X |
Occupational Therapist | . | X | X | X | X |
Physical Therapist | . | X | X | X | X |
Footnotes for Table 2
1. Special education programs and services mean specially designed individualized
or group instruction or special services or programs, as defined in subdivision
2 of section 4401 of the Education Law, provided at no cost to the parent,
to meet the individual needs of students with disabilities.
2. A school psychologist may be employed by a municipality or a chartered preschool or preschool formed under the Business Corporation Law or NPCL with consent of the Commissioner, provided that their certificate of incorporation includes the language required by Regents Rule 3.26. Staff employed under these conditions may provide services in another setting, such as an approved preschool, municipality, school district or BOCES, with which their agency has a contractual agreement to provide such services.
3. Personnel holding only school certification may conduct evaluations as employees of the approved preschool program whether they are in the school setting in which they work, or in another setting, such as an approved preschool, school district, BOCES or municipality with which their employer has a contractual agreement to provide such services.
4. Personnel holding only school certification may provide programs and services of "specially designed instruction" as an independent provider.