Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
157.390,
161.020,
161.028,
161.030,
161.100,
161.1211,
161.1221,
334A.030,
334A.033,
334A.035,
334A.050,
334A.060
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
161.100 authorizes the Education Professional
Standards Board to establish qualifications for granting emergency certificates
if qualified teachers are not available for specific positions.
KRS
161.1221(1) requires the
Education Professional Standards Board to establish a definition for
out-of-field teaching. This administrative regulation establishes the
qualifications and procedures for emergency certifications and establishes the
definition for out-of-field teaching.
Section
1. Definition. "Qualified teacher" means a teacher who holds the
appropriate certification for the position unless the superintendent of the
employing school district has documented evidence that the teacher is
unsuitable for appointment.
Section
2.
(1)
(a) Until December 31, 2014, a superintendent
of a local school district shall apply to the Education Professional Standards
Board for an emergency teaching certificate on behalf of an applicant by
completing the Form TC-4F.
(b)
Beginning January 1, 2015, a superintendent of a local school district shall
apply to the Education Professional Standards Board for an emergency teaching
certificate on behalf of an applicant by completing the Form CA-4F.
(2) In accordance with
KRS
161.100, prior to applying on behalf of an
applicant for an emergency teaching certificate, the superintendent and board
of education of a local school district shall document the following:
(a) Qualified teachers have not applied for
the vacant position and qualified teachers are not available for the
position;
(b) Diligent efforts have
been made to recruit a qualified teacher for the vacant position, and
furthermore, this vacancy has been made known locally by appropriate
means;
(c) The local school
district has been unsuccessful in recruiting qualified teachers for the vacant
position from the listings of teachers supplied by the placement services of
the teacher education institutions;
(d) The position shall be filled by the most
suitable applicant available, giving preference to the factors of academic
preparation, prior teaching experience or related educational work, and
personal attributes compatible with the demands of the teaching profession;
and
(e) The local school district
has conducted a criminal records check as required by
KRS
160.380 for each applicant prior to applying
for the emergency certificate.
(3)
(a) The
Education Professional Standards Board, depending upon the assessment of need
for the position and the availability or anticipated availability of qualified
teachers, shall approve or disapprove a request for the employment of emergency
teachers.
1. The term of validity of an
emergency certificate may be limited to a period less than the full school
year.
2. The beginning date shall
be no earlier than the date the request form is received by the Education
Professional Standards Board.
3. In
accordance with the licensure requirements of
KRS
334A.030,
334A.033,
334A.035,
334A.050,
and
334A.060,
the Education Professional Standards Board shall not issue an emergency
certificate for teaching exceptional children with communication
disorders.
(b) An
emergency certificate shall not be issued to the same person in any subsequent
year unless the original emergency certificate was issued under the following
conditions:
1. The emergency certificate was
issued after February 15 of a school year; or
2. The emergency certificate was issued for
less than fifty (50) percent of the person's class schedule.
(c) If an emergency certificate is
issued to a person pursuant to paragraph (b) of this subsection, there shall be
no more than one (1) subsequent issuance of an emergency certificate to the
same person.
(4)
(a) Emergency certification for an assignment
as teacher of exceptional children shall be issued with the condition that the
applicant shall receive intensive training on special education topics,
including IEP, assessment, evaluation, individualized instruction, methods, and
management. This training shall be accomplished as follows:
1. The applicant shall complete twelve (12)
clock hours of training as required by the Office of Special Instructional
Services of the Kentucky Department of Education;
2.
a. The
applicant shall complete an additional six (6) clock hours of training during
the fall conference conducted by the Division of Exceptional Children Services
of the Kentucky Department of Education. Teachers employed after the fall
conference shall complete these six (6) clock hours of training during the
spring conference of the Council for Exceptional Children; or
b. If the applicant is unable to attend
either the fall conference or the spring conference, the applicant shall
complete an additional six (6) clock hours of training offered through one (1)
of the state's eleven (11) special education cooperatives. The training shall
be similar to the topics covered at the conferences; and
3. The applicant shall participate in at
least one (1) day of flexible in-service training, relevant specifically to
special education. The training shall be limited to visitation in a classroom
of an exemplary special education teacher, special education training relevant
to the identified needs of the teacher, or other training provided by the
Office of Special Instructional Services.
(b) The Kentucky Department of Education
shall report to the Education Professional Standards Board those emergency
certified teachers of exceptional children who have not completed the training
requirements established in this subsection by June 30 of each year for the
preceding school year.
(5) The superintendent of the local school
district and the board of education may establish the need for emergency
substitute teachers on the basis of anticipated shortages of regularly
certified teachers and in accordance with district policies and procedures
established for the selection and employment of substitute teachers.
(6) The Education Professional Standards
Board shall periodically review the numbers of emergency certificates issued
for full-time, part-time, and substitute teaching by school district, by
position, and by academic preparation.
(7)
(a)
1. An emergency certificate for full-time or
part-time employment shall be issued only to individuals who:
a. Have completed a minimum of a bachelor's
degree from a regionally accredited college; and
b.
(i) Have
a cumulative minimum grade point average of 2.5 on a 4.0 scale; or
(ii) Have a minimum grade point average of
3.0 on a 4.0 scale on the last sixty (60) hours of credit completed, including
undergraduate and graduate coursework.
2. An emergency certificate for full-time or
part-time employment shall not be issued to individuals who have been judged to
be unsatisfactory in the beginning teacher internship established in
16 KAR
7:010.
(b) An emergency certificate for substitute
teaching shall be issued to individuals who:
1. Have completed a minimum of sixty-four
(64) semester hours of credit from a regionally accredited institution;
and
2.
a. Have a cumulative minimum grade point
average of 2.5 on a 4.0 scale; or
b.
Have a minimum grade point average of 3.0 on a 4.0 scale on the last sixty (60)
hours of credit completed, including undergraduate and graduate
coursework.
(c) An emergency certificate for substitute
teaching in any career and technical education or occupation-based position may
be issued to persons who have 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.
(8)
(a)
1. Until
December 31, 2014, a Form TC-4F signed by the local school superintendent and
approved by the local board of education shall be submitted for each
anticipated emergency position for full-time or part-time employment. The
application shall be accompanied by official transcripts of all college credits
earned by the prospective emergency teacher.
2. Beginning January 1, 2015, a Form CA-4F
signed by the local school superintendent and approved by the local board of
education shall be submitted for each anticipated emergency position for
full-time or part-time employment. The application shall be accompanied by
official transcripts of all college credits earned by the prospective emergency
teacher.
(b)
1. Until December 31, 2014, a TC-4VE signed
by the local school superintendent and approved by the local board of education
shall be submitted for each anticipated career and technical or
occupation-based emergency position for full-time or part-time employment. The
application shall be accompanied by official transcripts and certification of
all educational attainment and work experience earned by the prospective
emergency teacher.
2. Beginning
January 1, 2015, a CA-4VE signed by the local school superintendent and
approved by the local board of education shall be submitted for each
anticipated career and technical or occupation-based emergency position for
full-time or part-time employment. The application shall be accompanied by
official transcripts and certification of all educational attainment and work
experience earned by the prospective emergency teacher.
(c) A local school district shall review the
qualifications and transcripts for each applicant for an emergency certificate
for substitute teaching pursuant to the requirements of this administrative
regulation and other pertinent Kentucky statutes and administrative regulations
regarding school personnel.
1.
a.
(i) Until
December 31, 2014, a local school district shall initiate the online
application process for candidates for an emergency certificate for substitute
teaching using the EPSB Online TC-4 Application System in accordance with the
On-line TC-4 Implementation Guide for Kentucky School Districts.
(ii) Until December 31, 2014, a candidate for
an emergency certificate for substitute teaching shall complete the Form TC-4
by using the EPSB On-line TC-4 Application System in accordance with the
On-line TC-4 Implementation Guide for Kentucky School Districts.
b.
(i) Beginning January 1, 2015, a local school
district shall initiate the online application process for candidates for an
emergency certificate for substitute teaching using the EPSB Online Emergency
Substitute Application System in accordance with the On-line Emergency
Substitute Application System Implementation Guide for Kentucky School
Districts.
(ii) Beginning January
1, 2015, a candidate for an emergency certificate for substitute teaching shall
complete the Form CA-4 by using the EPSB On-line Emergency Substitute
Application System in accordance with the On-line Emergency Substitute
Implementation Guide for Kentucky School Districts.
2. A local school district shall
require candidates for an emergency certificate for substitute teaching for
career and technical education or occupation-based emergency positions to
complete a Form TC-4VE or Form CA-4VE.
3. A local school district shall submit any
TC-4VE or Form CA-4VE application on which the candidate has provided an
affirmative answer to any question in the application's Section IV, Character
and Fitness, to the Education Professional Standards Board for approval prior
to employing the candidate in a substitute teaching position.
Section 3.
Rank and Salary Provisions.
(1) The Education
Professional Standards Board shall issue the emergency certificate for
full-time or part-time employment established in Section 2 of this
administrative regulation with a rank designation based upon the criteria
established in this subsection.
(a) A teacher
holding a valid Kentucky teaching certificate shall be issued an emergency
certificate for full-time or part-time employment at the rank designated on the
teacher's regular certificate.
(b)
1. A new teacher holding a valid one (1) year
provisional certificate issued upon enrollment in the Kentucky Teacher
Internship Program established in
16 KAR
7:010 shall be issued an emergency certificate for
part-time employment at the rank designated on the teacher's one (1) year
provisional certificate.
2. The
teacher shall maintain a half-time enrollment in the internship as defined in
16 KAR
7:010 to remain eligible for the higher rank
established in this paragraph.
3.
If the teacher terminates or otherwise fails to continue enrollment in the
internship prior to its successful completion, the teacher shall be
reclassified at Rank IV until the teacher is properly reenrolled in the
internship program.
(c)
A new teacher holding a valid Kentucky Statement of Eligibility shall be issued
an emergency certificate for full-time or part-time employment at Rank IV until
the teacher:
1. Is properly enrolled in the
Kentucky Teacher Internship Program on at least a half-time basis as
established in
16 KAR
7:010; and
2. Possesses the one (1) year provisional
certificate referenced in paragraph (b)1 of this subsection.
(d) An applicant for the emergency
certificate for full-time or part-time employment who does not hold a valid
Kentucky teaching certificate shall be issued the emergency certificate at Rank
IV.
(2) Local school
districts issuing the emergency certificate for substitute teaching established
in Section 2 of this administrative regulation shall adhere to the rank
classifications established in
KRS
161.1211.
Section 4. Out-of-field Teaching.
(1) Pursuant to
KRS
161.1221(1), out-of-field
teaching shall be classified in the following four (4) categories:
(a) The number of emergency certificates
issued by grade range, subject field, and district;
(b) The number of probationary certificates
issued by grade range, subject field, and district;
(c) The number of temporary provisional
certificates issued by grade range, subject field, and district; and
(d) The number of teachers who do not possess
a certificate of legal qualifications for the professional position they hold
in the public schools, including a breakout of:
1. The number of teachers who hold no
certificate;
2. The number of
teachers who hold an expired certificate;
3. The number of certified teachers who are
teaching outside of the subject field or fields indicated on their certificate
who do not hold a credential listed in paragraph (a), (b), or (c) of this
subsection; and
4. The number of
certified teachers who are teaching outside the grade range indicated on their
certificate who do not hold a credential listed in paragraph (a), (b), or (c)
of this subsection.
(2) If data is available, reports on
out-of-field teaching in the four categories established in subsection (1) of
this section shall differentiate between teachers who possess the equivalent of
a college major, minor, or area of concentration in the subject area they are
teaching.
Section 5.
Beginning January 1, 2015, an applicant for any certificate described in this
administrative regulation who is not currently certified as an educator in
Kentucky shall submit a national and state criminal background check performed
in accordance with
KRS
160.380(5)(c) within twelve
(12) months prior to the date of application.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Form CA-4", 08/2014;
(b) "Form CA-4F", 08/2014;
(c) "Form CA-4VE", 08/2014;
(d) "Form TC-4", 10/2009;
(e) "Form TC-4F", revised 10/2009;
(f) Form TC-4VE", 10/2009;
(g) "On-line Emergency Substitute Application
Implementation Guide for Kentucky School Districts", August 2014; and
(h) "On-line TC-4 Implementation Guide for
Kentucky School Districts", May 2012.
(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.
STATUTORY AUTHORITY:
KRS
161.028(1)(a),
161.030(1),
161.100,
161.1221(1)