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16 KAR 2:030.Substitute teachers.

RELATES TO:

KRS 161.020, 161.028(1)(a), (f), 161.030, 161.100

STATUTORY AUTHORITY:

KRS 161.020, 161.028(1)(a), (f), 161.030, 161.100, 161.102

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 (EPSB). KRS 161.102 creates a one (1) year, five (5) year, and ten (10) year certificate for substitute teaching. This administrative regulation establishes the requirements for the issuance of the certificates for substitute teaching and the priority selection process for employing a substitute teacher.

Section 1.

One (1) Year Emergency Certificate for Substitute Teaching.

(1)

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 substitute teachers.

(2)

A one (1) year emergency certificate for substitute teaching may be issued to a candidate who possesses a minimum of a high school diploma or high school equivalency diploma.

(3)

A local school district shall review the qualifications and transcripts for each applicant for an emergency substitute certificate and verify to the EPSB that the candidate possesses a minimum of a high school diploma or a high school equivalency diploma.

(4)

Application for the one (1) year emergency certificate for substitute teaching shall be submitted to the EPSB and shall:

(a)

Contain verification of an offer of employment in a Kentucky school district;

(b)

Contain verification that the candidate possesses a minimum of a high school diploma or high school equivalency; and

(c)

Be in compliance with 16 KAR 2:010, Section 3(1).

Section 2.

Five (5) Year Certificate for Substitute Teaching.

(1)

A five (5) year certificate for substitute teaching may be issued to a candidate who possesses a bachelor's degree from a regionally or nationally accredited postsecondary education institution.

(2)

Application for the five (5) year certificate for substitute teaching shall be submitted to the EPSB and shall:

(a)

Contain an official transcript from the college or university attended resulting in a bachelor's degree; and

(b)

Be in compliance with 16 KAR 2:010, Section 3(1).

(3)

Application for renewal of the five (5) year certificate for substitute teaching shall be submitted to the EPSB and be in compliance with 16 KAR 2:010, Section 3(1).

(4)

The five (5) year certificate for substitute teaching shall be issued at a Rank IV.

Section 3.

Ten (10) Year Certificate for Substitute Teaching.

(1)

A ten (10) year certificate for substitute teaching may be issued to a candidate who:

(a)

Holds a valid statement of eligibility for a Kentucky teaching certificate;

(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; or

(c)

Currently holds or previously held a valid out-of-state teaching certificate for which the completion of a four (4) year program of teacher preparation and a bachelor's degree were required.

(2)

Application for the ten (10) year certificate for substitute teaching shall be submitted to the EPSB and shall:

(a)

Contain an official transcript from the college or university attended resulting in a bachelor's degree; and

(b)

Be in compliance with 16 KAR 2:010, Section 3(1).

(3)

Application for renewal of the ten (10) year certificate for substitute teaching shall be submitted to the EPSB and be in compliance with 16 KAR 2:010, Section 3(1).

(4)

A teacher holding a valid Kentucky teaching certificate shall be issued a ten (10) year certificate for substitute teaching at the rank designated on the teacher's regular certificate.

(5)

A teacher holding or previously holding a valid out-of-state teaching certificate shall be issued a ten (10) year certificate for substitute teaching at the rank corresponding to the teacher's regular certificate.

Section 4.

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 ten (10) year certificate for substitute teaching;

(4)

A candidate who holds the five (5) year certificate for substitute teaching;

(5)

A candidate who holds the one (1) year emergency certificate for substitute teaching.

HISTORY: (SBE 42.815; 1 Ky.R. 504; eff. 3-12-1975; Am. 8 Ky.R. 1165; eff. 6-2-1982; 11 Ky.R. 637; 980; eff. 12-11-1984; 1481; eff. 5-14-1985; 19 Ky.R. 1140; 1540; eff. 1-4-1993; 24 Ky.R. 1140; 1507; eff. 1-12-1998; 26 Ky.R. 896; 1156; eff. 12-16-1999; 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; Cert eff. 2-27-2020; 51 Ky.R. 333; eff. 11-8-2024.)

JUSTIN MITCHELL, Board Chair

APPROVED BY AGENCY: July 15, 2024

FILED WITH LRC: July 15, 2024 at 10:50 a.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on September 23, 2024, at 10:00 a.m. in the State Board Room, Fifth Floor, 300 Sower Boulevard, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through September 30, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to:

CONTACT PERSON: Todd Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321; email regcomments@education.ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person:

Todd Allen

(1) Provide a brief summary of:

(a) What this administrative regulation does:

This administrative regulation establishes the three certificates for substitute teaching and the priority selection process.

(b) The necessity of this administrative regulation:

This administrative regulation is necessary to set the certification requirements for the three certificates for substitute teaching and the priority selection process.

KRS 161.020, 161.028 and 161.030 require that teachers and other professional school personnel hold certificates of legal qualifications for their respective positions to be issued upon completion of programs of preparation approved by the Education Professional Standards Board. KRS 161.102 creates a one (1) year emergency certificate for substitute teaching, a five (5) year certificate for substitute teaching, and a ten (10) year certificate for substitute teaching.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

This administrative regulation delineates the certification requirements for the three certificates for substitute teaching.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation:

The proposed amendment includes the certification requirements for all three certificates and updates the priority selection process accordingly. Additionally, the amendment removes the emergency noncertified personnel program, since the amendments to KRS 161.102 in House Bill 387 of the legislative session allow these individuals to qualify the one (1) year emergency certificate for substitute teaching.

(b) The necessity of the amendment to this administrative regulation:

This amendment is necessary to comply with the amendments to KRS 161.102 in House Bill 387 of the 2024 legislative session and set the requirements for the three certificates for substitute teaching it established. It is also necessary to remove the emergency noncertified personnel program as those candidates qualify for the new one (1) year emergency certificate.

The amendment sets the requirements for issuance of the three certificates for substitute teaching established in KRS 161.120.

(d) How the amendment will assist in the effective administration of the statutes:

This amendment sets clear certification standards for the issuance of the three certificates for substitute teaching and amends the priority selection process accordingly.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

171 Kentucky school districts and applicants for certification for substitute teaching.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:

Applicants for certification for substitute teaching will have to meet the requirements of the certificate that they are pursuing. Districts will have to employ substitutes utilizing the priority selection process.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):

There is no fee established by the Education Professional Standards Board in this regulation.

Compliance will result in issuance of substitute teaching certificates to qualified candidates.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially:

There are no costs expected to implement this amendment.

(b) On a continuing basis:

There are no expected continuing costs with this amendment.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:

General Fund.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:

An increase in fees or funding will not be necessary for the Education Professional Standards Board to implement this administrative regulation.

(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:

No fees are established or increased by this regulation.

(9) TIERING: Is tiering applied?

There are three substitute teaching certificates for created in KRS 161.102 with different requirements for each. A candidate’s academic preparation determines which substitute teaching certificate is available to them. These requirements are mirrored in the regulation.

FISCAL IMPACT STATEMENT

(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.

KRS 161.020, 161.028, 161.030, 161.102

(2) Identify the promulgating agency and any other affected state units, parts, or divisions:

The Education Professional Standards Board.

(a) Estimate the following for the first year:

Expenditures:

No additional expenditure is expected to be needed since the systems and staff are already in place for processing applications and issuing certificates for substitute teaching.

Revenues:

The amendment to this administrative regulation is not expected to generate any revenue during the first year as this regulation does not create fees. There are also no fees associated with one (1) year certificates.

Cost Savings:

No cost savings are expected with this amendment.

(b) How will expenditures, revenues, or cost savings differ in subsequent years?

Expenditures, revenues and cost savings are not expected to differ in subsequent years.

(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):

Public-school districts.

(a) Estimate the following for the first year:

Expenditures:

There are no expected expenditures for districts as there are no fees established in this regulation.

Revenues:

This regulation sets the standards for issuance of the certificates for substitute teaching and will not generate revenue for districts.

Cost Savings:

There is no expected cost savings since there are no fees created or reduced by this regulation.

(b) How will expenditures, revenues, or cost savings differ in subsequent years?

The expenditures, revenues and cost savings are not expected to differ in subsequent years.

(4) Identify additional regulated entities not listed in questions (2) or (3):

Applicants for certification for substitute teaching.

(a) Estimate the following for the first year:

Expenditures:

There are no expected expenditures for applicants to comply with this amendment.

Revenues:

This regulation sets the standards for the certificates for substitute teaching. It will not generate revenue for applicants.

Cost Savings:

There is no expected cost savings since there are no fees created or reduced by this regulation.

(b) How will expenditures, revenues, or cost savings differ in subsequent years?

The expenditures, revenues and cost savings are not expected to differ in subsequent years.

(5) Provide a narrative to explain the:

(a) Fiscal impact of this administrative regulation:

There is no fiscal impact as a result of the proposed amendments to this regulation. No fees are established or increased in this regulation. While processing applications and issuing certificates does require staff time and resources from the Education Professional Standards Board, the amendments can be carried out by the existing staff and systems.

(b) Methodology and resources used to determine the fiscal impact:

The methodology and resources used to determine that there is no fiscal impact, is looking to current systems and processes to see if additional expenditures or resources are needed to carry out the amendments. Since no additional expenditures or resources are needed to carry out the amendments, and there are no fees established or increased by this regulation, it was determined there is no fiscal impact.

(6) Explain:

(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)

There is not an expected major economic impact from this regulation as it does not create additional costs for the Education Professional Standards Board or the regulated entities.

(b) The methodology and resources used to reach this conclusion:

The methodology and resources used to determine this is looking to current systems and processes to see if additional expenditures or resources are needed to carry out the amendments. Since no additional expenditures or resources are needed to carry out the amendments, and there are no fees are established or increased by this regulation, there will not be a negative or adverse major economic impact.

16 KAR 2:030.Substitute teachersand emergency school personnel.

RELATES TO:

KRS 161.020, 161.028(1)(a), (f), 161.030~~(1), (9)~~, 161.100

STATUTORY AUTHORITY:

KRS 161.020, 161.028(1)(a), (f), 161.030~~(1), (9)~~, 161.100, 161.102

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 (EPSB). KRS 161.102 creates a one (1) year, five (5) year, and ten (10) year certificate for substitute teaching.~~KRS 161.100 provides for the issuance of an emergency certificate.~~ This administrative regulation establishes the requirements for the issuance of the certificates for substitute teaching and~~a Certificate for Substitute Teaching,~~ the priority selection process for employing a substitute teacher.~~, and the Emergency Noncertified School Personnel Program.~~

Section 1.

One (1) Year Emergency Certificate for Substitute Teaching.

(1)

(2)

A one (1) year emergency certificate for substitute teaching may be issued to a candidate who possesses a minimum of a high school diploma or high school equivalency diploma.

(3)

(4)

Application for the one (1) year emergency certificate for substitute teaching shall be submitted to the EPSB and shall:

(a)

Contain verification of an offer of employment in a Kentucky school district;

(b)

Contain verification that the candidate possesses a minimum of a high school diploma or high school equivalency; and

(c)

Be in compliance with 16 KAR 2:010, Section 3(1).

Section 2.

Five (5) Year Certificate for Substitute Teaching.

(1)

A five (5) year certificate for substitute teaching may be issued to a candidate who possesses a bachelor's degree from a regionally or nationally accredited postsecondary education institution.

(2)

Application for the five (5) year certificate for substitute teaching shall be submitted to the EPSB and shall:

(a)

Contain an official transcript from the college or university attended resulting in a bachelor's degree; and

(b)

Be in compliance with 16 KAR 2:010, Section 3(1).

(3)

Application for renewal of the five (5) year certificate for substitute teaching shall be submitted to the EPSB and be in compliance with 16 KAR 2:010, Section 3(1).

(4)

The five (5) year certificate for substitute teaching shall be issued at a Rank IV.

Section 3.

Ten (10) Year Certificate for Substitute Teaching.

(1)

A ten (10) year certificate for substitute teaching may be issued to a candidate who: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.; or

(c)

Currently holds or previously held a valid out-of-state teaching certificate for which the completion of a four (4) year program of teacher preparation and a bachelor's degree were required.

(2)

Application for the ten (10) year certificate for substitute teaching shall be submitted to the EPSB and shall:

(a)

Contain an official transcript from the college or university attended resulting in a bachelor's degree; and

(b)

Be in compliance with 16 KAR 2:010, Section 3(1).

(3)

Application for renewal of the ten (10) year certificate for substitute teaching shall be submitted to the EPSB and be in compliance with 16 KAR 2:010, Section 3(1).

(4)

A teacher holding a valid Kentucky teaching certificate shall be issued a ten (10) year certificate for substitute teaching at the rank designated on the teacher's regular certificate.

(5)

(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 4.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 ten (10) year certificate for substitute teaching~~Certificate for Substitute Teaching~~;

(4)

A candidate who holds the five (5) year certificate for substitute teaching;

(5)

A candidate who holds the one (1) year emergency 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.