Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:KRS
157.200,
157.250,
161.020,
161.028(1),
161.030,
20 U.S.C. 1412;
34 C.F.R. 300.156
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
161.020 and
161.028
require the Education Professional Standards Board (EPSB) to establish
standards and requirements for obtaining and maintaining a teaching certificate
for all public-school positions, including those for teaching exceptional
children. This administrative regulation establishes the certification
requirements for teachers of exceptional children.
Section 1. Certification Requirements for
Assignment of Special Education Personnel.
(1)
In accordance with Chapter 2 of Title 16 of the Kentucky Administrative
Regulations, the EPSB shall issue certificates for teaching exceptional
children with one (1) or more of the disabilities defined in
34 C.F.R.
300.8 and 707 KAR 1:002.
(2) A teacher holding the following
certification shall be assigned to serve students with moderate and severe
disabilities at any grade level: Certification for Teaching Exceptional
Children - Moderate and Severe Disabilities, Grades Primary through
12.
(3) A teacher holding the
following certification shall be assigned to serve students with learning and
behavior disorders:
(a) Certification for
Teaching Exceptional Children - Learning and Behavior Disorders, Grades 8
through 12; or
(b) Certification
for Teaching Exceptional Children - Learning and Behavior Disorders, Grades
Primary through 12.
(4) A
teacher holding the following certification shall be assigned to serve students
with visual impairments at any grade level: Certification for Teaching
Exceptional Children - Visually Impaired, Grades Primary through 12.
(5) A teacher holding the following
certification shall be assigned to serve students with hearing impairments at
any grade level:
(a) Certification for
Teaching Exceptional Children - Hearing Impaired, Grades Primary through 12;
or
(b) Certification for Teaching
Exceptional Children - Hearing Impaired with Sign Proficiency, Grades Primary
through 12.
(6) A teacher
holding the following certification shall be assigned to serve students with
speech and language and communications disorders: Certification for Teaching
Exceptional Children - Communication Disorders, Grades Primary through
12.
(7) A teacher holding the
following certification shall be assigned to serve students with orientation
and mobility disabilities: Certification for Teaching Exceptional Children -
Orientation and Mobility Specialist.
Section 2. Waiver Requests for Teacher
Assignment.
(1) Local school districts which
need to assign teachers to teach exceptional classes or students, with the
exception of students receiving services for communication disorders, not
consistent with the teacher's certification shall request a waiver for the
teacher assignment through the Kentucky Department of Education's (KDE) Office
of Special Education and Early Learning and be approved by the EPSB.
(2) The EPSB and KDE shall give consideration
for this approval based on information provided by the local school district in
its request. The request shall include:
(a)
The teacher's name, school assignment, certificate number, class plan
assignment, and current certification;
(b) A listing of pupils currently served by
category of exceptionality;
(c) A
listing of pupils the district is requesting to be served by exceptionality;
and
(d) Any other relevant
information which the district wishes to have considered in the decision-making
process.
(3) Following
consideration by the KDE and approval by the EPSB, the local district shall be
promptly notified of the decision on the waiver request.
(4) The assignment shall not exceed the
length of the school year for which it was initiated.
STATUTORY AUTHORITY:
KRS
161.020,
161.028(1)(a)