Chapter 49 Implementation

March 2022

• Final amendments to Chapter 49 were deemed approved by the Senate Education Committee and the House Education Committee on March 9, 2022. 
• On March 10, 2022, the Independent Regulatory Review Commission (IRRC) considered final amendments to Chapter 49 at a public meeting of the Commission. 
• Comments submitted to IRRC identified a typographical error in the definition of "structured literacy." In reviewing these comments, the State Board agreed that the final-form regulation erroneously uses the term "systemic" when referring to "structured literacy" and that the correct term is "systematic."  The Board noted for IRRC that it will work cooperatively with the Legislative Reference Bureau to ensure that the proper revised text is published in the Pennsylvania Code and Bulletin. 
• IRRC approved the final-form amendments to Chapter 49 at its public meeting on March 10, 2022.    

April 2022

• Final-form amendments to Chapter 49 were published in the April 23, 2022, edition of the Pennsylvania Bulletin and take effect at the time of publication. 

January 2021

• Public comment is closed. 

Spring 2021

• Review and consideration of public comments. 

September 2021

• A revised final-form rulemaking encompassing the amendments previously described was approved by the Council of Higher Education and by the Board. 

PDE may now accept a conferred graduate degree from an accredited college or university in lieu of a baccalaureate degree. [49.12 (4) (Eligibility)]

PDE may issue an emergency, Long-Term or Day-to-Day Substitute Permit for service in the public schools, or an eligible provider setting as defined in § 405.2 (relating to definitions), at the request of the employing entity, to an applicant who is a graduate of a 4- year college or university to fill a vacant position or to serve as a long-term or day-to-day substitute teacher, when a fully qualified and properly certificated applicant is not available. The permit is issued on the basis of terms and conditions agreed upon between the requesting public school entity and the Department. [49.31 (Criteria for Eligibility)]

Each July, the Department will report to the Board the number and nature of emergency, Long-Term and Day-to-Day Substitute Permits issued during that year. A long-term substitute permit may be issued only after the position has been posted a minimum of 10 days on the school entity's web site and no qualified candidate has been identified. [49.31 (Criteria for Eligibility)]

School psychologists certified by the National Association of School Psychologists will be granted the highest level certificate available for certification as a school psychologist. [49.65(d) (Out of State and Nationally-certified applicants)]

​Note: Per statute, this requirement already existed for Instructional certification.

Candidates holding a valid and current instructional, educational specialist, supervisory, or administrative certificate issued by another state may be eligible for comparable certification if the applicant has two years of successful classroom or school experience in the area for which Pennsylvania certification is sought and has achieved the qualifying score on the appropriate content area test required by the Commonwealth. [49.65 (f) (Out of State and Nationally-certified applicants)]

The Instructional I Certificate is valid for 6 years of teaching in public schools or in eligible provider settings (as defined in § 405.2 (relating to definitions)) in this Commonwealth in the area for which it applies. It may be converted to an Instructional II Certificate as provided by § 49.83 (relating to Instructional II). [49.82(a) (Instructional I)]

College credit acceptable for conversion to the Instructional II Certificate shall be earned at a State-approved associate degree-granting institution, baccalaureate or graduate degree granting institution. [49.84(a) (Criteria for Eligibility)]

An Intern Certificate is valid for 3 [calendar] years of service. This professional certificate may be issued only to an applicant who is a graduate of an accredited 4-year college or university. During the first year, the applicant shall complete all tests, enroll in an authorized program and complete a minimum of nine credits per year. The certificate requires continuing enrollment in a State-approved teacher intern program. This certificate cannot be renewed. [49.91(d) (Criteria for Eligibility)]

An individual who currently holds a PA Supervisory certificate may add a Supervisory certificate in another subject area, other than special education, by either completing 12 semester-hour credits in the content area of the Supervisory certificate being added or by passing the applicable content test.

Notwithstanding the requirements of subsection (a), and excluding Special Education Supervisory Certification, the Department may issue additional Supervisory Certificate areas to individuals who already hold a valid Pennsylvania Supervisory Certificate if they demonstrate competency in the requested supervisory area by one of the following:

(1) Achieve a passing score on the applicable content test. [49.111(b) (Supervisory Certificates)]

OR

(2) For Supervisory Certificates issued pursuant to paragraph (b), 5 years of service in the area is not required [49.111(c) (Supervisory Certificates)]

PDE will issue Administrative Certificates to persons who have a minimum of 3 years of satisfactory instructional or student support experience completed in a public or private PK-12 school or accredited institution of higher education and have completed an approved program of graduate study, approved alternative program, or completed the alternative route in accordance with 24 P.S. 1207.1(d) of the act (24 P.S. § 1207.1(d)) preparing the applicant to direct, operate, supervise and administer the organizational and general educational activities of a school. [49.121 Administrative Certificate] 

Applicants shall be recommended by the preparing institution or alternative program provider in which the program was completed. [49.121 Administrative Certificate]

(1) Have a minimum of 3 years of relevant professional experience in a Career and Technical Education School. [Section 49.163(1) (Career and Technical Administrative Director)]

When an Intermediate Unit Board of Directors finds it impossible or impractical to fill immediately a vacancy occurring in the position of intermediate unit executive director or assistant intermediate unit executive director, the board may appoint an acting intermediate unit executive director or an acting intermediate unit executive director who does not meet the requirements of subsection (a) to serve no more than 1 year from the time of the appointment as acting intermediate unit executive director or acting assistant intermediate unit executive director. [49.182(d) (IU Director Letter of Eligibility)]

The Letter of Equivalency for Baccalaureate Degree is issued to holders of [Vocational] Career and Technical Instructional I, Career and Technical Instructional II or their equivalents upon the accumulation of 90 college credits. A minimum of 18 credit hours shall be earned at a State-approved baccalaureate degree granting institution. Twelve of the final 30 credit hours may be satisfied, in full or in part, through in-service programs approved by the Secretary for meeting baccalaureate equivalency requirements. [49.191(1) (Letters of equivalency)]

The Letter of Equivalency for Master's Degree is issued to persons holding a valid Instructional I, Instructional II, Educational Specialist I, Educational Specialist II certificate, Career and Technical Instructional I, Career and Technical Instructional II certificate, or their equivalents, upon the accumulation of 36 hours of graduate level credit. [49.191(1) (Letters of equivalency)]

A minimum of 18 academic graduate credits shall be earned in the content area of the applicant's certification area(s) at a college or university approved to offer graduate work. [49.191(1) (Letters of equivalency)]

A maximum of 18 of the credit requirement may be satisfied through in-service programs approved by the Secretary for meeting master's equivalency requirements. [49.191(1) (Letters of equivalency)]