Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
161.020,
161.028(1)(a),
(f),
161.030(1),
(9),
161.100
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
161.020,
161.028,
and
161.030
require that a teacher and other professional school personnel hold a
certificate of legal qualifications for the respective position issued by the
Education Professional Standards Board.
KRS
161.100 provides for the issuance of an
emergency certificate. This administrative regulation establishes a Certificate
for Substitute Teaching, the priority selection process for employing a
substitute teacher, and the Emergency Noncertified School Personnel
Program.
Section 1.
(1) The Certificate for Substitute Teaching
shall be issued in accordance with the pertinent Kentucky statutes and
administrative regulations of the Education Professional Standards Board to an
applicant who:
(a) Holds a valid statement of
eligibility for a Kentucky teaching certificate; or
(b) Has previously held a Kentucky
certificate for classroom teaching for which the completion of a four (4) year
program of teacher preparation and a bachelor's degree were required.
(2) The Certificate for Substitute
Teaching shall be issued initially for a duration period of five (5) years and
may be reissued or renewed upon recommendation of the employing school district
superintendent.
(3) The Certificate
for Substitute Teaching shall:
(a) Be valid
for substitute teaching; and
(b)
Not be valid:
1. For continuous part-time
employment for classroom teaching; or
2. As a permanent replacement for a teacher
of record for the remainder of the school year.
Section 2. To employ a
substitute teacher during the temporary absence of the teacher of record for a
position, priority in selection and employment shall be given in accordance
with the following order:
(1) A teacher who
holds appropriate regular certification corresponding to the grade level of the
teaching assignment;
(2) A teacher
who holds regular certification for classroom teaching at any grade
level;
(3) A teacher who holds the
Certificate for Substitute Teaching;
(4) Except as provided in subsection (5) of
this section, a person certified on an emergency basis for substitute teaching
pursuant to
16 KAR
2:120, who shall be called according to the following
descending order relating to the amount of college hours completed:
(a) A Bachelor's degree;
(b) At least ninety-six (96) semester hours
of college credit;
(c) From
sixty-four (64) to ninety-five (95) semester hours of college credit;
(5) A person certified on an
emergency basis for substitute teaching in a health, technical, or industrial
occupation with a minimum of four (4) years of occupational experience in the
area to be taught and a high school diploma or its equivalent as determined by
evidence of a passing score on the General Education Development
Test.
Section 3. If a
district is unable to employ a substitute teacher using the priority selection
process established in Section 2 of this administrative regulation, a district
may utilize a person through the Emergency Noncertified School Personnel
Program established by the Education Professional Standards Board. A district
seeking participation in this program shall apply to and receive approval from
the Education Professional Standards Board on an annual basis.
(1) A district shall submit a written letter
of application for participation in the Emergency Noncertified School Personnel
Program. A district may make application at any time during the school year.
The application letter shall be reviewed for approval by the Education
Professional Standards Board based upon the following documented components:
(a) The number of teaching days not filled
with an appropriately certified teacher or appropriately certified emergency
substitute in the preceding school year;
(b) The extent and anticipated usage of
emergency school personnel;
(c) A
plan to eliminate the need for emergency school personnel in the
future;
(d) The steps taken by the
district to recruit and retain emergency certified personnel;
(e) The recruitment of persons with a high
school diploma or its equivalent as determined by evidence of a passing score
on the General Education Development Test, age twenty-five (25) or over, except
an individual enrolled in an approved teacher education program who may be less
than twenty-five (25) years old;
(f) Recruitment of parents or other
paraprofessionals assigned to the school;
(g) A detailed outline of a minimum eighteen
(18) clock hour orientation program including emphasis on student safety,
district policies, and procedures; and
(h) An outline of the district screening
process, including the required criminal record and reference check.
(2) Upon Education Professional
Standards Board approval of the plan for the school year, the district shall:
(a) Submit a list, by name, Social Security
number, and school, of personnel meeting the requirements established in
subsection (1) of this section;
(b)
Submit a quarterly report to the Education Professional Standards Board
identifying the number of days personnel were utilized under this
plan;
(c) Submit a summary
evaluation of the program at the end of the school year for which approval was
received from the Education Professional Standards Board; and
(d)
1.
Utilize emergency school personnel in a single school for which the staff
member has been approved and assigned by the district; or
2. If the staff member participated in the
district's Emergency Noncertified School Personnel Program the previous school
year, the district may choose to utilize the staff member in more than one (1)
school in the district.
(3) A district that was approved by the
Education Professional Standards Board to operate an Emergency Noncertified
School Personnel Program the preceding year may file Form TC-EN requesting
renewal for continuation of the program. Renewal shall be contingent upon:
(a) Demonstration of the continued need for
the program; and
(b) Successful
evaluation of the previous year's program pursuant to reporting requirements of
this administrative regulation.
Section 4. Incorporation by Reference.
(1) Form TC-EN, May 2002, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Education Professional Standards Board, 100 Airport Road, 3rd Floor, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
SBE 42.815; 1
Ky.R. 504; eff. 3-12-75; Am. 8 Ky.R. 1165; eff. 6-2-82; 11 Ky.R. 637; 980; eff.
12-11-84; 1481; eff. 5-14-85; 19 Ky.R. 1140; 1540; eff. 1-4-93; 24 Ky.R. 1140;
1507; eff. 1-12-98; 26 Ky.R. 896; 1156; eff. 12-16-99; 27 Ky.R. 1077; eff.
12-21-2000; 28 Ky.R. 2246; 2574; eff. 6-14-2002; Recodified from 704 KAR
20:210, 7-2-2002; Crt eff. 2-27-2020.
STATUTORY AUTHORITY:
KRS
161.020,
161.028(1)(a),
(f),
161.030(1),
(9),
161.100