This emergency administrative regulation is being promulgated to meet an imminent deadline for the promulgation of an administrative regulation that is established by state statute. During the 2024 legislative session, the General Assembly passed House Bill 387 and the Governor signed it into law on April 19, 2024. This legislation, which is slated to become effective on July 15, 2024, amends KRS 161.102 to create three (3) certificates for substitute teaching to be issued by the Education Professional Standards Board (EPSB). As there are only eighty-seven (87) days between the Governor signing this bill into law and its effective date, the ordinary administrative regulation process would not allow the EPSB time to promulgate an ordinary administrative regulation to be effective when the bill goes into effect. Therefore, the emergency regulation is necessary to set the standards and requirements for issuance of the certificates for substitute teaching when the bill goes into effect. This emergency administrative regulation will be replaced by an ordinary administrative regulation because the certificates for substitute teaching are expected to remain in statute. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JUSTIN MITCHELL, Chair
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Emergency Amendment)
Substitute teachers.
One (1) Year Emergency Certificate for Substitute Teaching.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.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.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.Application for the one (1) year emergency certificate for substitute teaching shall be submitted to the EPSB and shall:Contain verification of an offer of employment in a Kentucky school district;Contain verification that the candidate possesses a minimum of a high school diploma or high school equivalency; andBe in compliance with 16 KAR 2:010, Section 3(1).Five (5) Year Certificate for Substitute Teaching.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.Application for the five (5) year certificate for substitute teaching shall be submitted to the EPSB and shall:Contain an official transcript from the college or university attended resulting in a bachelor's degree; andBe in compliance with 16 KAR 2:010, Section 3(1).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).The five (5) year certificate for substitute teaching shall be issued at a Rank IV.Ten (10) Year Certificate for Substitute Teaching.A ten (10) year certificate for substitute teaching may be issued to a candidate who:Holds a valid statement of eligibility for a Kentucky teaching certificate;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; orCurrently 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.Application for the ten (10) year certificate for substitute teaching shall be submitted to the EPSB and shall:Contain an official transcript from the college or university attended resulting in a bachelor's degree; andBe in compliance with 16 KAR 2:010, Section 3(1).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).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.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.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:A teacher who holds appropriate regular certification corresponding to the grade level of the teaching assignment;A teacher who holds regular certification for classroom teaching at any grade level;A teacher who holds the ten (10) year certificate for substitute teaching;A candidate who holds the five (5) year certificate for substitute teaching;A candidate who holds the one (1) year emergency certificate for substitute teaching.
JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: July 15, 2024
FILED WITH LRC: July 15, 2024 at 10:50 a.m.
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.
This emergency administrative regulation is being promulgated to meet an imminent deadline for the promulgation of an administrative regulation that is established by state statute. During the 2024 legislative session, the General Assembly passed House Bill 387 and the Governor signed it into law on April 19, 2024. This legislation, which is slated to become effective on July 15, 2024, amends KRS 161.102 to create three (3) certificates for substitute teaching to be issued by the Education Professional Standards Board (EPSB). As there are only eighty-seven (87) days between the Governor signing this bill into law and its effective date, the ordinary administrative regulation process would not allow the EPSB time to promulgate an ordinary administrative regulation to be effective when the bill goes into effect. Therefore, the emergency regulation is necessary to set the standards and requirements for issuance of the certificates for substitute teaching when the bill goes into effect. This emergency administrative regulation will be replaced by an ordinary administrative regulation because the certificates for substitute teaching are expected to remain in statute. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JUSTIN MITCHELL, Chair
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Emergency Amendment)
Substitute teachersand emergency school personnel.
One (1) Year Emergency Certificate for Substitute Teaching.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.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.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.Application for the one (1) year emergency certificate for substitute teaching shall be submitted to the EPSB and shall:Contain verification of an offer of employment in a Kentucky school district;Contain verification that the candidate possesses a minimum of a high school diploma or high school equivalency; andBe in compliance with 16 KAR 2:010, Section 3(1).Five (5) Year Certificate for Substitute Teaching.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.Application for the five (5) year certificate for substitute teaching shall be submitted to the EPSB and shall:Contain an official transcript from the college or university attended resulting in a bachelor's degree; andBe in compliance with 16 KAR 2:010, Section 3(1).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).The five (5) year certificate for substitute teaching shall be issued at a Rank IV.Ten (10) Year Certificate for Substitute Teaching.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:Holds a valid statement of eligibility for a Kentucky teaching certificate; orHas 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.; orCurrently 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.Application for the ten (10) year certificate for substitute teaching shall be submitted to the EPSB and shall:Contain an official transcript from the college or university attended resulting in a bachelor's degree; andBe in compliance with 16 KAR 2:010, Section 3(1).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).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.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.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.The Certificate for Substitute Teaching shall:Be valid for substitute teaching; andFor continuous part-time employment for classroom teaching; orAs a permanent replacement for a teacher of record for the remainder of the school year.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:A teacher who holds appropriate regular certification corresponding to the grade level of the teaching assignment;A teacher who holds regular certification for classroom teaching at any grade level;A teacher who holds the ten (10) year certificate for substitute teachingCertificate for Substitute Teaching;A candidate who holds the five (5) year certificate for substitute teaching;A candidate who holds the one (1) year emergency certificate for substitute teaching.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:At least ninety-six (96) semester hours of college credit;From sixty-four (64) to ninety-five (95) semester hours of college credit;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.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.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:The number of teaching days not filled with an appropriately certified teacher or appropriately certified emergency substitute in the preceding school year;The extent and anticipated usage of emergency school personnel;A plan to eliminate the need for emergency school personnel in the future;The steps taken by the district to recruit and retain emergency certified personnel;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;Recruitment of parents or other paraprofessionals assigned to the school;A detailed outline of a minimum eighteen (18) clock hour orientation program including emphasis on student safety, district policies, and procedures; andAn outline of the district screening process, including the required criminal record and reference check.Upon Education Professional Standards Board approval of the plan for the school year, the district shall:Submit a list, by name, Social Security number, and school, of personnel meeting the requirements established in subsection (1) of this section;Submit a quarterly report to the Education Professional Standards Board identifying the number of days personnel were utilized under this plan;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; andUtilize emergency school personnel in a single school for which the staff member has been approved and assigned by the district; orIf 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.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:Demonstration of the continued need for the program; andSuccessful evaluation of the previous year's program pursuant to reporting requirements of this administrative regulation.Incorporation by Reference.Form TC-EN, May 2002, is incorporated by reference.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.
JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: July 15, 2024
FILED WITH LRC: July 15, 2024 at 10:50 a.m.
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.