RULES AND REGULATIONS
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 49]
Certification of Professional Personnel
[29 Pa.B. 4954]
The State Board of Education (Board) amends Chapter 49 (relating to certification of professional personnel) which relates to certification of professional personnel, to read as set forth at Annex A, under authority of Article XII and sections 1109, 1141, 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. §§ 12-1201--12-1268, 11-1109, 11-1141, 26-2603-B and 26-2604-B).
Notice of proposed rulemaking was published at 27 Pa.B. 2011 (April 19, 1997) with an invitation to submit written comments within 30 days.
Chapter 49 sets forth the basic rules for teacher preparation, certification and continuing professional development in this Commonwealth. These final-form regulations are designed to strengthen teacher education programs and provide support to novice teachers; to expand the assessment program to include performance and to provide for additional assessments; and, to provide a structure of professional education and certification which supports the Commonwealth's academic standards. These changes to Chapter 49 are the result of the Board's decennial review of the chapter as required by § 49.51 (relating to review of certification).
Response to Public Comment
Considerable public comment was received on the proposal to permit equivalent education and experience to take the place of formal teacher preparation and recommendation for certification. A new section, § 49.13(b)(12) (relating to policies), was proposed which would have delegated to the Secretary of Education the responsibility to establish equivalencies of education and experience for all certificate areas. Language permitting equivalencies was found in the section establishing requirements for each of the broad areas of certification on proposed rulemaking. Most public comment was in opposition to equivalencies being established because it: (a) undermines the profession of teaching; (b) is contradictory to other areas of revision seeking to strengthen criteria for entry to the profession; and (c) is not justified by need due to a current and projected surplus of fully certified teachers. In addition, public commentators, legislators and the Independent Regulatory Review Commission (IRRC) staff questioned whether equivalences were supportable under current statute. As a result, § 49.13(b)(12) has been removed on final-form along with all references to equivalencies under each major category of certificate. Several commentators, legislators and IRRC staff also suggested that language on experimental programs (§ 49.15 (relating to approval of experimental programs)), initially proposed for deletion be restored to enable teacher preparing institutions to design programs targeted to individuals not initially preparing for education professions. Thus, in conjunction with the removal of proposed § 49.13(b)(12), the Board has restored § 49.15 on final-form.
Proposed § 49.13(b)(13) would have permitted the Secretary, upon petition by a local board of school directors, to waive requirements of certification temporarily. This provision was designed to allow schools a greater degree of flexibility in staffing when making curricula changes. Public comment on this provision was generally negative. Commentators: (a) warned that this provision would enable local boards to unnecessarily circumvent certification statute and regulation; (b) expressed the opinion that this provision is unwarranted because current provisions of regulation providing flexibility are rarely used; and (c) believed that waivers would undermine the profession. School administrators and school board members commented in favor of flexibility. Commentators, legislators and IRRC staff questioned the legal basis for waivers. As a result of comment, § 49.13(b)(13) has been removed on final-form.
As proposed, requirements for professional development applied to all professional educators regardless of the date of receipt of certificate. A number of comments received were supportive of this provision while others questioned the authority of the Board to establish this requirement. Legislators questioned the advisability of the Board establishing a professional development requirement when legislative proposals to do the same were under active consideration in the General Assembly. As such, proposed revisions have been eliminated and existing language restored in § 49.17 (relating to continuing professional development) on final-form. Related proposed revisions in §§ 49.83, 49.103, 49.111, 49.143 and 49.163 have been eliminated.
Revision to language on supervisory certificates was proposed to enable more generic supervisory certificates. Specifically, under § 49.111(a)(2) language which restricted supervisory certificates to single, specified areas was deleted in order to permit the Department to issue certificates in more general program areas. This proposed revision was based on the understanding of the Board that: (1) many of the skills of supervision were generic; (2) only larger school districts could afford subject specific supervisors, leaving smaller districts to rely instead on generally-trained principals to supervise teachers and curricula; and (3) supervisory certificates for program clusters would be within the reach of a greater number of school districts and improve instructional leadership. A majority of public commentators and the Professional Standards and Practices Commission supported specific single program supervisory certificates. Administrators favored more generic supervisory certificates. The Board continues to believe that supervisory certificates designed for clusters of subject areas are more feasible. As proposed, the language would continue to permit the Department to offer supervisory certificates in such areas as Reading, Special Education, Curriculum and Instruction and the like, but would also permit the Department to design supervisory certificates for clusters such as mathematics and science or English and language arts. As a result, the Board affirms its proposed revisions.
Additional and compelling public comment was received on the unique nature of vocational education and specific skills necessary for an individual to succeed supervising teachers and curricula in a vocational setting. As a result, the Board restored the provisions under § 49.161 (relating to Supervisor of Vocational Education) for Vocational Education Supervisor.
Assuring Parallel Requirements for Certificates:
Public comment was received that it was not clear that certificates issued to all educators provided similar requirements for continuing professional development, for successful completion of assessments, and for helping students to achieve the requirements of Chapter 4 (relating to academic standards and assessment). The Board has added language on final-form in several certificate areas to ensure that these requirements are clearly parallel.
Public commentators and legislators questioned proposed language requiring that all professional development activities for an educator be in the area of certification and assignment was too restrictive. As a result, the restriction has been removed permitting greater flexibility for professional development for the educator and the employing entity.
Program and Certificate Standards:
Public commentators, legislators and IRRC staff questioned whether the Board has the authority to delegate the development of general program standards and specific standards for certificates to the Department (for example, §§ 49.14(4); 49.81(b); 49.101; 49.111(a)(5)). To date, the Department has developed standards in consultation with the Board, where they have been presented and discussed in regular public meetings, and formally approved by the Board. While not meeting the current requirements of the regulatory review process, substantial opportunities were provided for public and legislative involvement. Revisions to final-form regulations seek to clarify the Board's responsibility to approve standards for certificates while maintaining the Department's ability to develop procedures and to issue interpretive policies and directives necessary to administer the regulation. The Board does not believe that it is practical and efficient for the Board to determine specific standards for each certificate and so continues to delegate that responsibility to the Department and will continue to consult with the Department in their development. Doing so does not lessen the Department's responsibility to develop and promulgate general and specific standards within the requirements of the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Other Revisions on Final-Form
Other changes, not based upon public comments, were made by the Board to clarify provisions in the document. These changes are included in the final-form. The original scope of proposed revisions was not expanded.
All local education agencies, teacher preparing institutions, and perspective and current teachers and administrators are affected by these regulations.
Cost and Paperwork Estimates
With the expansion of assessment to include a measure of professional performance and to measure performance and knowledge at more points, additional costs will be incurred. It is difficult to accurately estimate these costs, but it is anticipated that the current cost of $230 for an applicant is likely to double at each of the initial and advanced certificate points. In development of the assessment program, the Department is directed to use, where appropriate available instructions to eliminate development costs. Costs for assessment may be shared among the applicant for certification, the preparing institution and the employing entity.
Candidates for initial certification (Instructional I, Intern, and Education Specialist I Certificates) are required to complete a range of tests under the National Teachers Exam (NTE). The cost for these tests are borne by the applicant for certification.
Teacher Preparation Program Revisions:
With new principles/standards for preparation programs, revisions will need to be made in these programs. It is difficult to measure the costs since the 91 institutions which offer at least one teacher preparation program vary in curricular design and delivery costs. However, it is assumed that the costs for revisions in programs will be similar to those costs engaged in program redesign regularly undertaken by institutions as required by changes in licensure or accreditation standards.
The requirement for approved programs to provide support to novice teachers in their first year of teaching will likely lead to some additional costs. It is envisioned that institutions, in cooperation with one another and employing appropriate technologies, will be able to accomplish this requirement while minimizing any additional cost.
These final-form regulations will become effective upon final publication in the Pennsylvania Bulletin.
The effectiveness of Chapter 49 will be reviewed by the Board every 10 years, under § 49.51. Thus, no sunset date is necessary.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 9, 1997, the Board submitted a copy of the notice of proposed rulemaking published at 27 Pa.B. 2011 to IRRC and to the Chairpersons of the House and Senate Committees on Education for review and comment. In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of the comments received as well as other documentation.
In preparing these final-form regulations, the Board has considered the comments received from IRRC, the Committees and the public.
Final-form regulations were approved by the Committees on June 7, 1999, but were disapproved by IRRC on June 17, 1999, in accordance with section 5(c) of the Regulatory Review Act. Under section 7(a) of the Regulatory Review Act (71 P. S. § 745.7(a)), the Board notified the Governor, IRRC and the Standing Committees of its intent to revise final-form regulations and to proceed with its promulgation as revised, under section 7(c) of the Regulatory Review Act.
Two reasons were cited by IRRC for disapproval. First, IRRC questioned the authority of the Board to delegate to the Department responsibility for developing standards for certificates. Specifically, IRRC questioned the authority of the Board requiring candidates for certification to meet Department prescribed standards based on principles established in the revisions to the chapter. Variations on this delegation are found in §§ 49.42, 49.81 (b), 49.101, 49.111(a), 49.121(d) and 49.163. To address this concern, the Board revised the final-form regulations to adopt the principles as the standards for the major certificate categories. It is the Board's understanding that the authority delegated to the Department in § 49.13 (b)(3) and (10) continues to provide the Department with the authority and responsibility to establish procedures, administrative agency interpretative policies and directives relating to certification and staffing. This authority is consistent with the authority granted the Department generally by the Public School Code of 1949 (24 §§ 1-101--27-2702) and section 1302 of The Administrative Code of 1929 (71 P. S. § 352), as well as section 2 of the act of May 29, 1931 (P. L. 210, No. 126)(24 P. S.§ 1225).
Second, for reasons of clarity, IRRC questioned a provision in § 49.103 which would require applicants for an Educational Specialist II Certificate to complete 3 years of satisfactory teaching on an Educational Specialist I Certificate. This provision was questioned on proposed rulemaking by public commentators and IRRC. The Board has revised the final-form to correct the provision to require satisfactory service on the Educational Specialist I Certificate.
The report and revisions to the final form were submitted to the Standing Committees and IRRC on July 27, 1999, and were deemed approved by the Committees on August 6, 1999, and approved by IRRC on August 19, 1999, in accordance with section 5(c) of the Regulatory Review Act.
The official responsible for information on the Board's process of promulgating these final-form regulations is Peter H. Garland, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-3787.
The Board finds that:
(1) Public notice of the intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments are necessary and appropriate for the administration of the Public School Code of 1949.
The Board, acting under the authorizing statute, orders that:
(a) The regulations of the Board, 22 Pa. Code Chapter 49, are amended by amending §§ 49.1, 49.2, 49.11--49.18, 49.31--49.34, 49.41, 49.42, 49.51, 49.62, 49.62a, 49.63, 49.64a, 49.65, 49.68, 49.72, 49.81--49.83, 49.85, 49.91, 49.101--49.103, 49.105, 49.111, 49.121, 49.131, 49.133, 49.141--49.143, 49.151, 49.153, 49.161, 49.163, 49.171, 49.172 and 49.182; deleting 49.64b, 49.64c, 49.64d, 49.67, 49.112, 49.122, 49.162, 49.164, 49.183 and 49.184; and adding § 49.191 to read as set forth in Annex A.
(Editor's Note: Section 49.15 was proposed to be amended but the proposed amendments have been withdrawn and the text appears in its current version in Annex A.)
(b) The Executive Director will submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Executive Director of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order is effective upon final publication in the Pennsylvania Bulletin.
PETER H. GARLAND,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 4749 (September 4, 1999).)
Fiscal Note: Fiscal Note 6-258 remains valid for the final adoption of the subject regulations.
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subchapter C. HIGHER EDUCATION
CHAPTER 49. CERTIFICATION OF PROFESSIONAL PERSONNEL
Subchapter A. GENERAL PROVISIONS
§ 49.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Public School Code of 1949 (24 P. S. §§ 1-101--27-2702).
Approved teacher certification program--A sequence of courses and experiences offered by a preparing institution which is reviewed and approved by the Department.
Assessment of basic skills--A measurement of a candidate's ability to communicate orally and in writing and to demonstrate proficiency in fundamental computational skills.
Assessment of general knowledge--A measurement of a candidate's knowledge in the fields of literature, fine arts, mathematics, the sciences and social studies.
Assessment of professional knowledge and practice--A measurement of a candidate's knowledge of educational theory, principles of human growth and development, educational psychology and other subjects directly related to educational practice and their application/demonstration in school settings.
Assessment of subject matter--A measurement of a candidate's knowledge of an academic field or discipline to be taught in the public schools of this Commonwealth.
Candidate--A person seeking certification in any of the areas outlined in this chapter.
Certificate--A document prepared and issued by the Department indicating that the holder has completed a professional preparation program and is qualified to perform specific professional duties.
Chief school administrator--The superintendent, intermediate unit executive director, or equivalent private school administrator.
Collegiate studies--Studies pursued at institutions which are entitled to apply to themselves the designation of college or university as defined by 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries).
Commissioned officer--District superintendents and assistant district superintendents under section 1078 of the act (24 P. S. § 10-1078) (relating to Commissions; objections to election).
Continuing professional development--The formal acquisition of collegiate or in-service credits designed to improve and expand the expertise of professional personnel who receive their initial certificate in a given certificate category after June 1, 1987.
Degree-granting institution--A public college or technical institute which provides a 2 year, postsecondary college-parallel, terminal-general, terminal-technical, out-of-school youth or adult education program or a combination of these and which is established and operated under the act.
Induction--A process by which a variety of professional support services are provided to newly employed teachers and educational specialists under the guidance of professional personnel to facilitate entry into the education profession.
Induction plan--A description of the induction process developed and submitted by the school entity to the Department for approval which describes how a teacher or educational specialist will be introduced to the teaching profession under this chapter.
Invalid certificate--A certificate which no longer enables its holder to perform specific professional duties.
Occupational competency credential--A document issued by the Occupational Competency Testing Examiners which signifies that the holder possesses knowledge and skill in a technical field at a journeyman level. When the document is presented to a preparing institution or to the Department, it may be registered by the Department on the holder's vocational intern, vocational instructional or instructional certificate, and it enables the holder to teach that occupational specialty.
Permit--A document prepared and issued by the Department indicating that the holder is allowed to serve in lieu of a certificated professional for a specified period of time.
Preparing institution--A college or university that offers a program approved by the Department to prepare professional personnel for employment in the public schools.
Professional duties--A duty the performance of which is restricted to professional personnel by the scope of their certificate.
Professional personnel--Professional employes, excluding school secretaries, as defined in section 1101 of the act (24 P. S. § 11-1101) (relating to definitions).
Professional Standards and Practices Commission (PSPC)--A body composed of educators from the fields of basic and higher education, members of the general public, and an ex officio member of the Board established by the Teacher Certification Law.
Satisfactory achievement--An acceptable level of performance as determined by the Secretary in consultation with the Board on the Department prescribed assessments required in this chapter.
School entity--Public schools, school districts, intermediate units and area vocational-technical schools.
Teacher Certification Law--The act of December 12, 1973 (P. L. 397, No. 141) (24 P. S. §§ 2070.1--2070.18).
Term of validity--A period of time as specified in §§ 49.82, 49.92, 49.142 and 49.152 in which the holder of a certificate is entitled to perform the professional duties for which the certificate was issued.
§ 49.2. Inactivity and invalidity.
(a) Inactivity. A certificate or commission shall be inactive if the holder fails to meet § 49.17 (relating to continuing professional development).
(b) Invalidity. A certificate shall be invalid if the holder fails to meet, or if circumstances arise as specified in § 49.33, § 49.34(b), § 49.82, § 49.92, § 49.102, § 49.142 or § 49.152.
§ 49.11. General.
(a) Certificates and letters of eligibility in force in this Commonwealth on September 25, 1999, shall continue in force, subject to all the terms and conditions under which they were issued until they expire by virtue of their own limitations.
(b) State certificates and permits shall be issued as provided in this chapter, and teachers, and other professional personnel may not perform professional duties or services in the schools of this Commonwealth in any area for which they have not been properly certificated or permitted.
(c) This chapter establishes the specific requirements for the certification and permitting of persons serving in the public school entities of this Commonwealth as professional employes, temporary professional employes, substitutes, and commissioned school administrators of the Commonwealth.
§ 49.12. Eligibility.
In accordance with sections 1109, 1202 and 1209 of the act (24 P. S. §§ 11-1109, 12-1202 and 12-1209), every professional employe certificated or permitted to serve in the schools of this Commonwealth shall:
(1) Be of good moral character.
(2) Provide a physician's certificate stating that the applicant, with or without reasonable accommodation, is able to perform successfully the essential functions and duties of an educator. A qualified applicant who has tuberculosis or another communicable disease or a mental disability, will not be deemed to pose a direct threat to the health or safety of others unless a threat to health or safety cannot be eliminated by a reasonable accommodation.
(3) Be at least 18 years of age.
(4) Except in the case of the Temporary Permit, Vocational Instructional Intern Certificate, and Vocational Instructional Certificate, have earned minimally a baccalaureate degree as a general education requirement.
§ 49.13. Policies.
(a) The Board, through the Secretary, will provide standards for the guidance of the preparing institutions in educating professional personnel for the schools of this Commonwealth.
(b) The Department will have the following responsibilities with respect to certification and permitting of professional personnel in the schools of this Commonwealth:
(1) Provision of advisory services to college and school personnel in matters pertaining to teacher education 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 education programs leading to the certification and permitting of professional personnel. Program approval teams shall consist of professional educators from basic and higher education.
(5) Registration of certificated and permitted persons.
(6) Maintenance of records of all certificates and permits.
(7) Assurance that each professional person is properly certificated or permitted for the specific position in which the professional person is employed.
(8) Review and investigation of alleged violations of this chapter.
(9) Prescription of procedures approved by the Board for the appraisal and evaluation of education and experience of applicants for any type of professional certification issued by the Department when the applicant has been denied certification and is prepared by institutions outside this Commonwealth or has appealed in accordance with guidelines approved by the Board in § 49.66 (relating to appeal procedure), a decision pertaining to eligibility for certification rendered by a Commonwealth institution having an approved program. The appellant initially shall have appealed to the institution.
(10) The issuance of administrative agency interpretative policies and directives relating to professional certification and staffing in the schools of this Commonwealth as may be necessary to carry out the intent of this chapter.
(11) Identification and approval of assessment tools, instruments, and procedures to measure basic skills and general knowledge; professional knowledge and practice; and subject matter knowledge.
(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 certificate shall have completed an approved program and shall be recommended by the preparing institution.
(d) The Department will have the right to review approved programs at any time. Major evaluations shall be conducted at 5-year intervals by teams of professional educators appointed by the Department in accordance with subsection (b)(4) and shall review process and content.
(e) The Department will accept the request of an institution to withdraw from an approved program. The Department will have the right to withdraw the approval of a program from an institution. New students may not be accepted in a program which has lost its approved status after the date of the action.
§ 49.14. Approval of institutions.
To be authorized to conduct programs that lead to certificates for professional positions, institutions and any of their off-campus centers engaged in the preparation of teachers shall meet the following requirements:
(1) Be approved as a baccalaureate or graduate degree granting institution by the Department.
(2) Be evaluated and approved as a teacher-preparing institution to offer specific programs leading to certification in accordance with procedures established by the Department.
(3) Report to the Department, for approval, all planned changes in previously approved programs. This report shall be made 90 days prior to the implementation of the planned changes.
(4) Follow Department prescribed standards developed from the following principles:
(i) Institutions develop clear goals and purposes for each program, including attention to professional ethics and responsibilities.
(ii) Institutions are able to demonstrate how instructional and clinical activities provide educator candidates with the capacity to enable the achievement of all students.
(iii) Institutions are able to demonstrate that educator candidates have participated in instructional activities that enable the candidates to provide instruction to students to meet the provisions of Chapter 4 (relating to academic standards and assessment), including environment and ecology.
(iv) Institutions are able to demonstrate that educator candidates successfully participate in early and frequent clinical experiences fully integrated within the instructional program.
(v) Institutions have clearly expressed standards for admission to, retention in and graduation from approved programs and actively encourage the participation of students from historically underrepresented groups.
(vi) Institutions provide ongoing assessment of educator candidates' knowledge, skills, dispositions and performance with which to identify needs for further study or clinical experience or dismissal from the program.
(vii) Institutions can demonstrate how information from systematic evaluations of their programs, including students and educator evaluators, and achievement levels of candidates for certification in the Department-designed assessment program are used for continual program improvement.
(viii) Institutions, in partnership with local education agencies, provide a school-based experience integrating the teacher candidates' knowledge, skills and dispositions in professional practice. This experience shall be fully supported by institutional faculty, including frequent observation, consultation with supervising teachers, and opportunities for formative and summative evaluation.
(ix) Institutions provide ongoing support for novice educators in partnership with local education agencies during their induction period, including observation, consultation and assessment.
(x) Institutions provide evidence that an acceptable percentage of candidates applying for certification as determined by the Secretary and Board achieve at a satisfactory level all assessments appropriate to initial certification in each program for which they are approved.
§ 49.15. Approval of experimental programs.
The Department may enter into a written agreement with a preparing institution wishing to conduct an experimental program. The institution shall meet the requirements described in § 49.14 (relating to approval of institutions). Certification shall be given to graduates of an experimental program upon recommendation by the institution if the institution has met all of the following requirements:
(1) Submitted a detailed explanation of the experimental program to the Department for approval.
(2) Planned a thorough procedure conforming to accepted canons of educational research for evaluating results of the experimental program. These results shall be reported to the Department in 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 is judged 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 the induction experience for first-year teachers and educational specialists as part of their strategic plan every 6 years as required by Chapter 4 (relating to academic standards and assessments). The induction plan shall be prepared by teacher or educational specialist representatives, or both, chosen by teachers and educational specialists and administrative representatives chosen by the administrative personnel of the school entity. Newly employed professional personnel with prior school teaching experience may be required by the school entity to participate in an induction program.
(b) The Department will review for approval induction plans submitted by school entities.
(c) The induction plan shall reflect a mentor relationship between the first-year teacher or educational specialist, teacher educator and the induction team.
(d) Criteria for approval of the induction plans will be established by the Secretary in consultation with the Board.
§ 49.17. Continuing professional development.
(a) A school entity shall submit to the Secretary for approval a continuing professional development plan in accordance with section 1205.1 of the act (24 P. S. § 12-1205.1).
(1) A school entity shall develop a continuing professional development plan which shall include options for professional development including, but not limited to, activities such as the following:
(i) Graduate level coursework.
(ii) Obtaining a professionally related master's degree.
(iii) Department-approved in-service courses.
(iv) Curriculum development work.
(v) Attendance at professional conferences.
(vi) Supervised classroom observations of other professional employes.
(2) The continuing professional plan shall define terms used including, but not limited to, the following:
(i) Professionally related graduate level coursework.
(ii) Professionally related master's degree.
(iii) Curriculum development work.
(iv) Professional conferences.
(v) Supervised classroom observations of other professional employes.
(3) The continuing professional development plan shall be developed by teacher representatives chosen by the teachers and administrative representatives chosen by the administrative personnel of the school entity. The plan shall describe the persons who developed the plan and how the persons were selected.
(4) The continuing professional development plan submitted to the Secretary shall be approved by both the development committee and the board of the school entity.
(5) The Secretary will promulgate guidelines which include a process for amending approved continuing professional development plans in accordance with the requirements for initial preparation of the plans.
(6) The continuing professional development plan shall include a section which describes how the professional development needs of the school entity and its professional employes are to be met through implementation of the plan.
(7) Initial continuing professional development plans shall be implemented by a school entity no later than the beginning of the 1988-89 school year.
(b) A commissioned officer who obtains a Letter of Eligibility for Superintendent after June 1, 1987, shall, thereafter, present to the Secretary evidence of satisfactory completion of 6 credit hours of continuing professional development courses every 5 years. This subsection will be satisfied by taking collegiate studies or Department-approved in-service courses or a combination thereof.
(c) Professional personnel who fail to comply with the continuing professional development plan under subsection (a) or commissioned officers who fail to complete the required 6 credit hours under subsection (b) will have their certificates or commissions rendered inactive until the requirement is met.
(d) School districts that employ professional personnel or commissioned officers with inactive certificates or commissions are subject to penalties provided for under section 2518 of the act (24 P. S. § 25-2518).
§ 49.18. Assessment.
(a) The Secretary will institute an assessment program for candidates for certification designed to assess their basic skills and general knowledge; professional knowledge and practice; and subject matter knowledge. The following principles shall guide the Secretary in the development of an assessment program:
(1) The assessment program will be based in the standards developed for each certificate.
(2) The assessment program will measure the candidate's abilities across the domains of basic skills knowledge, professional knowledge and practice, and subject matter 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) The assessment program will be developed in consultation with teachers, administrators, teacher educators, and educational specialists with relevant certification.
(4) The assessment program will employ, when appropriate, available assessment tools, instruments and procedures.
(b) The Secretary, in consultation with the Board, will establish a satisfactory achievement level for the assessments in subsection (a).
(c) The assessments in basic skills and general knowledge; professional knowledge and practice; and subject matter knowledge will be given, and satisfactory achievement levels shall be reached, prior to the issuance of a certificate.
(d) A periodic review of the assessment program will be made by the Board every 3 years.
§ 49.31. Criteria for eligibility.
The Department may issue an emergency permit for service in the public schools, at the request of the employing public school entity, to an applicant who is a graduate of a 4-year college or university to fill a professional vacancy when a fully qualified and properly certificated applicant is not available. The emergency permit is issued on the basis of terms and conditions agreed upon between the requesting public school entity and the Department. Each July, the Department will report to the Board the number and nature of emergency permits issued during that year.
§ 49.32. Emergency cases.
The Department may approve the issuance of an emergency permit to a person at the request of a public school entity upon receiving appropriate evidence of exceptional conditions requiring Department resolution of the staffing problem.
§ 49.33. Expiration.
Emergency permits shall expire with the termination of any summer school conducted which follows the date of issuance. Persons holding an emergency permit shall be used in staffing summer school positions only when regular employes holding the appropriate provisional or permanent certificate are not available.
§ 49.34. Issuance by chief school administrator.
(a) The chief school administrator of a public school entity is authorized to issue an emergency permit for day-to-day service as a substitute when the following conditions are met:
(1) The person for whom the permit is sought holds a valid Pennsylvania certificate or its equivalent from another state.
(2) No appropriately certificated individual is available to fill the substitute position.
(3) The person for whom the permit is sought consents to an assignment outside the area of the person's certification.
(b) This permit shall be valid for 15 cumulative school days of service as a day-to-day substitute in each certificate endorsement area. If renewal is necessary, the chief school administrator may request, within 30 days of the person's last day of service, issuance of an emergency permit by the Department under §§ 49.31 and 49.32 (relating to criteria for eligibility; and emergency cases).
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