ny-EDU-39-26-00030-EP: New York rulemaking EDU-39-26-00030-EP

I.D. No. EDU-39-26-00030-EP Filing No. 864 Filing Date: 2026-09-15 Effective Date: 2026-09-15 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Proposed Action: Amendment of section 80-5.3 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: At its December 2020 meeting, the Board of Regents permanently adopted regulatory amendments to increase the amount of incidental teaching permitted in schools from up to five classroom hours a week to up to 10 classroom hours a week during the 2020-2021 school year in response to the COVID-19 pandemic. Through incidental teaching, certified teachers can teach a subject not covered by their certificate when no certified or quali- fied teachers are available after extensive and documented recruitment. The Board of Regents permanently adopted regulatory amendments at its October 2021, September 2022, September 2023, November 2024, and Rule MakingActivities November 2025 meetings to extend the flexibility for incidental teaching from the 2021-2022 through the 2025-2026 school years, respectively, to give districts another way to address staffing challenges. The Department now proposes to extend the flexibility for incidental teaching again through the 2026-2027 school year. This proposal enables school districts to ad- dress their continuing staffing challenges by providing them with flex- ibility in making teaching assignments. Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be adopted by regular (non-emergency) action after expiration of the 60-day public comment period provided for in the StateAdministrative ProcedureAct (SAPA) sections 201(1) and (5) would be the January 2027 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earliest effective date of the proposed rule, if adopted at the January meeting, would be January 27, 2027, the date the Notice ofAdop- tion would be published in the State Register. Therefore, emergency ac- tion is necessary at the September 2026 meeting for the preservation of the general welfare to continue allowing certified teachers to teach up to 10 classroom hours a week in a subject area not covered by their certificate for the 2026-2027 school year to address teacher shortages. It is anticipated that the proposed rule will be presented to the Board of Regents for adop- tion as a permanent rule at its January 2027 meeting, which is the first scheduled meeting after expiration of the 60-day public comment period mandated by SAPAfor State agency rulemaking. However, since the emer- gency action will expire before the January 2027 meeting, it is anticipated that an additional emergency action will be presented for adoption at the November 2026 Regents meeting. Subject: Extending F