S T A T E O F N E W Y O R K
________________________________________________________________________
1532
2021-2022 Regular Sessions
I N S E N A T E
January 12, 2021
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Introduced by Sen. RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to expedited teaching
licensing by certain military spouses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3001 of the education law is amended by adding a
new subdivision 4 to read as follows:
4. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI-
CANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS TITLE WHO IS THE
SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS 1209
AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS STATE
SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION FOR
LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPART-
MENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF THE MILITARY
STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING DOCUMENTATION
THAT THE DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH APPLICATION, THE
DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF THE APPLICANT HOLDS
A LICENSE IN GOOD STANDING IN ANOTHER STATE AND IN THE OPINION OF THE
DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF SUCH OTHER STATE ARE
SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE IN THIS
STATE.
B. IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH A OF THIS
SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION THAT
HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE, MAY
REQUEST THE ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE
DEPARTMENT MAY GRANT SUCH TEMPORARY TEACHING PERMIT WHEN IT APPEARS
BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05042-01-1
S. 1532 2
APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
HE OR SHE HOLDS A LICENSE IN GOOD STANDING FROM ANOTHER STATE WITH
SIGNIFICANTLY COMPARABLE LICENSURE REQUIREMENTS TO THOSE OF THIS STATE,
EXCEPT THE DEPARTMENT HAS NOT BEEN ABLE TO SECURE DIRECT SOURCE VERIFI-
CATION OF THE APPLICANT'S UNDERLYING CREDENTIALS (E.G., RECEIPT OF
ORIGINAL TRANSCRIPT, EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE
VALID FOR SIX MONTHS OR UNTIL TEN DAYS AFTER NOTIFICATION THAT THE
APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL
SIX MONTHS MAY BE GRANTED UPON A DETERMINATION BY THE DEPARTMENT THAT
THE APPLICANT IS EXPECTED TO QUALIFY FOR THE FULL LICENSE UPON RECEIPT
OF THE REMAINING DIRECT SOURCE VERIFICATION DOCUMENTS REQUESTED BY THE
DEPARTMENT IN SUCH TIME PERIOD AND THAT THE DELAY IN PROVIDING THE
NECESSARY DOCUMENTATION FOR FULL LICENSURE WAS DUE TO EXTENUATING
CIRCUMSTANCES WHICH THE MILITARY SPOUSE COULD NOT AVOID.
C. A TEMPORARY TEACHING PERMIT ISSUED UNDER PARAGRAPH B OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
TY OF THE BOARD OF REGENTS AND THE DEPARTMENT, PURSUANT TO THIS TITLE,
AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS
ARTICLE.
D. THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE APPLICATION FEE
BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
THIS SUBDIVISION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.