ny-EDU-26-26-00007-E: New York rulemaking EDU-26-26-00007-E

I.D. No. EDU-26-26-00007-E Filing No. 861 Filing Date: 2026-09-14 Effective Date: 2026-09-14 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Amendment of sections 80-2.9, 80-4.3 and 80-5.18 of Title 8 NYCRR. Statutory authority: Education Law, sections 101, 207, 208, 305, 308, 3001, 3004 and 3009 Finding of necessity for emergency rule: Preservation of general welfare. Specific reasons underlying the finding of necessity: The Board of Regents permanently adopted regulatory amendments at its January 2024, November 2024, and October 2025 meetings to the Supplementary certifi- cate requirements in order to provide flexibility for certified teachers who apply for the Supplementary English to Speakers of Other Languages (ESOL) certificate, and for teachers who hold a valid Initial, Professional, or Permanent ESOL certificate and apply for a Supplementary certificate in another area throughAugust 31, 2026. This flexibility allows candidates to complete either the examination requirement or the enrollment and education requirements. At these same meetings, the Board of Regents also permanently adopted regulatory amendments to the Supplementary Bilingual Education extension requirements in order to create flexibility for certified teachers and certified pupil personnel services providers who apply for such extension throughAugust 31, 2026. The Department now proposes to extend these flexibilities for one ad- ditional year, through August 31, 2027, in order to ensure that educators can continue to expeditiously obtain this certificate and extension to ad- dress the influx of ELLs in schools. The proposed amendment was presented to the Higher Education Com- mittee for recommendation to the Full Board for adoption as an emer- gency rule at the June 2026 meeting of the Board of Regents, effective June 16, 2026. Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be adopted by regular (nonemer- gency) action after expiration of the 60-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5) would be the October 2026 Regents meeting. Furthermore, pursuant to SAPA203(1), the earlier effective date of the proposed rule, if adopted at the October 2026 meeting, would be October 21, 2026, the date the Notice ofAdoption would be published in the State Register. 9 Rule MakingActivities However, the emergency rule will expire on September 13, 2026. Therefore, a second emergency action is necessary at the July 2026 meet- ing, effective September 14, 2026 for the preservation of the general welfare to continue allowing flexibilities for the Supplementary certificate and Supplementary Bilingual Education extension requirements in order to address staffing challenges due to the influx of recently arrived and asylum-seeking students and to ensure that the emergency action taken at the June 202