Title 016 | Chapter 002 | Regulation 110REG
PROPOSED
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PREVIOUS VERSION
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EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Amendment)
16 KAR 2:110.Endorsement for teachers for gifted education.
Section 1.
Definition(1)
(2)
"Teacher for gifted education" means a teacher who works:(1)(a)
Directly with identified gifted pupils, in addition to the regularly assigned classroom teacher; or(2)(b)
For at least one-half (1/2) of the regular school day in a classroom made up only of properly identified gifted students.Section 2.
(1)
A certificate endorsement as teacher for gifted education shall be issued in accordance with KRS Chapter 161 and KAR Title 16 to an applicant who:(a)
Holds a certificate valid for classroom teaching at the elementary school level, the middle grade level, or the high school level; and(b)
(c)
Has completed the appropriate program of preparation for the certificate endorsement established in this administrative regulation at a teacher education institution approved under the standards and procedures established in 16 KAR 5:010.(2)
The endorsement as teacher for gifted education shall be valid for grades primary(a)
Assignment to a full-time self-contained gifted education class shall be restricted to the level of the base certificate.(b)
The endorsement shall have the same duration as the base certificate.(3)
Each person employed as a teacher for gifted education shall hold an appropriate certificate endorsement for gifted education, except a teacher:(a)
Identified in Section 3 of this administrative regulation; or(b)
Certified on or before July 1, 1984, in accordance with KRS 161.052.Section 3.
(1)
A probationary endorsement for teachers for gifted education may be issued to a candidate who:(a)
Holds a Kentucky teaching certificate; and(b)
Is enrolled in an EPSB approved preparation program for the endorsement for teachers for gifted education.(2)
Application for a probationary endorsement for teachers for gifted education shall be submitted to the EPSB and shall:(a)
Contain a recommendation from the educator preparation provider for the endorsement; and(b)
Be in compliance with 16 KAR 2:010, Section 3(1).(a)
(b)
(c)
(d)
(2)
(3)
(a)
The probationary endorsement for teachers for gifted education shall be valid for a period of two (2) years from the initial request.(b)
A teacher receiving this probationary endorsement shall complete the required curriculum for recommendation for the endorsement for teacher for gifted education issued under Section 2 of this administrative regulation within the two (2) year validity of the probationary endorsement.(c)
The probationary endorsement shall not be renewed.Section 4.
(1)
(2)
JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: April 8, 2024
FILED WITH LRC: May 15, 2024 at 11:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on July 29, 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 July 31, 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 endorsement for teachers of gifted education and the probationary endorsement for teachers of gifted education.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the certification requirements for the endorsement for teachers of gifted education and the probationary endorsement for teachers of gifted education.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
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 161.052 requires that all persons employed as a teacher for gifted education hold an appropriate certificate endorsement for gifted education.
(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 endorsement for teachers of gifted education and the probationary endorsement for teachers of gifted education.
(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 streamlines the language in the regulation to make clear that any Kentucky certified teacher is eligible for a probationary endorsement upon enrollment in an approved educator preparation program for teachers of gifted education, removes the requirement that the candidate complete coursework prior to issuance of the probationary endorsement and removes the reference to an outdate application form. The amendment also removes the reference to the Kentucky Teacher Internship Program.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to allow candidates to be issued probationary certificates upon enrollment in an approved educator preparation program for teachers of gifted education. It is also necessary to remove the requirement that candidates have an offer of employment and remove references to the Kentucky Teacher Internship Program.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment sets the requirements for issuance of the endorsement and probationary endorsement for teaching gifted education. The amendment removes the condition that the candidates for the probationary endorsement have a job offer prior to issuance and removes references to the Kentucky Teacher Internship Program to comply with the amendments in Senate Bill 265 from the 2024 Legislative Session.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment streamlines the language in the regulation to make clear that any Kentucky certified teacher is eligible for a probationary endorsement upon enrollment in an approved educator preparation program for teachers of gifted education.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
171 Kentucky school districts, 31 institutions of higher education with an approved educator preparation program, and those pursing the endorsement or probationary endorsement for teaching gifted education.
(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:
This amendment will not require any additional actions from the regulated entities. It removes the reference to an outdated application form and removes the requirements that an applicant possess a job offer or complete coursework prior to issuance of the probationary certificate. Applicants for the probationary certificate will have to enroll in an approved educator preparation program. Institutions of higher education will have to verify enrollment.
(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.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will result in issuance of a probationary endorsement to eligible candidates sooner.
(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?
Tiering is not applicable to the requirements of this regulation because the standards apply to all teachers seeking certification for teaching gifted education.
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, KRS 161.028, KRS 161.030, KRS 161.052
(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 expenditures are expected to be needed since the systems and staff are already in place for processing applications and issuing endorsements and probationary endorsements for teaching gifted education.
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 and there are no fees associated with probationary endorsements.
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 the endorsement and probationary endorsement for teachers of gifted. It will not generate revenue for districts.
Cost Savings:
There may be some cost savings in the form of staff time. Since applicants no longer have to have an offer of employment prior to issuance of the probationary endorsement, districts will not have to initiate the application for the probationary certificate.
(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 teaching gifted education.
(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 endorsement and probationary endorsement for teachers of gifted education. 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, and there are no fees for probationary endorsements. While processing applications and issuing endorsements and probationary endorsements 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.
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Amendment)
16 KAR 2:110.Endorsement for teachers for gifted education.
Section 1.
Definition."Teacher for gifted education" means a teacher who works:(1)
Directly with identified gifted pupils, in addition to the regularly assigned classroom teacher; or(2)
For at least one-half (1/2) of the regular school day in a classroom made up only of properly identified gifted students.Section 2.
(1)
A certificate endorsement as teacher for gifted education shall be issued in accordance with KRS Chapter 161 and KAR Title 16 to an applicant who:(a)
Holds a certificate valid for classroom teaching at the elementary school level, the middle grade level, or the high school level; and(b)
Has completed the appropriate program of preparation for the certificate endorsement established in this administrative regulation at a teacher education institution approved under the standards and procedures established in 16 KAR 5:010.(2)
The endorsement as teacher for gifted education shall be valid for grades primary-12.(a)
Assignment to a full-time self-contained gifted education class shall be restricted to the level of the base certificate.(b)
The endorsement shall have the same duration as the base certificate.(3)
Each person employed as a teacher for gifted education shall hold an appropriate certificate endorsement for gifted education, except a teacher:(a)
Identified in Section 3 of this administrative regulation; or(b)
Certified on or before July 1, 1984, in accordance with KRS 161.052.Section 3.
(1)
A probationary endorsement for teachers for gifted education may be issued to a candidate who:(a)
Holds a Kentucky teaching certificate; and(b)
Is enrolled in an EPSB approved preparation program for the endorsement for teachers for gifted education.(2)
Application for a probationary endorsement for teachers for gifted education shall be submitted to the EPSB and shall:(a)
Contain a recommendation from the educator preparation provider for the endorsement; and(b)
Be in compliance with 16 KAR 2:010, Section 3(1).(3)
(a)
The probationary endorsement for teachers for gifted education shall be valid for a period of two (2) years from the initial request.(b)
A teacher receiving this probationary endorsement shall complete the required curriculum for recommendation for the endorsement for teacher for gifted education issued under Section 2 of this administrative regulation within the two (2) year validity of the probationary endorsement.(c)
The probationary endorsement shall not be renewed.JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: April 8, 2024
FILED WITH LRC: May 15, 2024 at 11:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on July 29, 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 July 31, 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 endorsement for teachers of gifted education and the probationary endorsement for teachers of gifted education.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the certification requirements for the endorsement for teachers of gifted education and the probationary endorsement for teachers of gifted education.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
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 161.052 requires that all persons employed as a teacher for gifted education hold an appropriate certificate endorsement for gifted education.
(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 endorsement for teachers of gifted education and the probationary endorsement for teachers of gifted education.
(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 streamlines the language in the regulation to make clear that any Kentucky certified teacher is eligible for a probationary endorsement upon enrollment in an approved educator preparation program for teachers of gifted education, removes the requirement that the candidate complete coursework prior to issuance of the probationary endorsement and removes the reference to an outdate application form. The amendment also removes the reference to the Kentucky Teacher Internship Program.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to allow candidates to be issued probationary certificates upon enrollment in an approved educator preparation program for teachers of gifted education. It is also necessary to remove the requirement that candidates have an offer of employment and remove references to the Kentucky Teacher Internship Program.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment sets the requirements for issuance of the endorsement and probationary endorsement for teaching gifted education. The amendment removes the condition that the candidates for the probationary endorsement have a job offer prior to issuance and removes references to the Kentucky Teacher Internship Program to comply with the amendments in Senate Bill 265 from the 2024 Legislative Session.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment streamlines the language in the regulation to make clear that any Kentucky certified teacher is eligible for a probationary endorsement upon enrollment in an approved educator preparation program for teachers of gifted education.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
171 Kentucky school districts, 31 institutions of higher education with an approved educator preparation program, and those pursing the endorsement or probationary endorsement for teaching gifted education.
(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:
This amendment will not require any additional actions from the regulated entities. It removes the reference to an outdated application form and removes the requirements that an applicant possess a job offer or complete coursework prior to issuance of the probationary certificate. Applicants for the probationary certificate will have to enroll in an approved educator preparation program. Institutions of higher education will have to verify enrollment.
(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.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will result in issuance of a probationary endorsement to eligible candidates sooner.
(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?
Tiering is not applicable to the requirements of this regulation because the standards apply to all teachers seeking certification for teaching gifted education.
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, KRS 161.028, KRS 161.030, KRS 161.052
(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 expenditures are expected to be needed since the systems and staff are already in place for processing applications and issuing endorsements and probationary endorsements for teaching gifted education.
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 and there are no fees associated with probationary endorsements.
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 the endorsement and probationary endorsement for teachers of gifted. It will not generate revenue for districts.
Cost Savings:
There may be some cost savings in the form of staff time. Since applicants no longer have to have an offer of employment prior to issuance of the probationary endorsement, districts will not have to initiate the application for the probationary certificate.
(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 teaching gifted education.
(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 endorsement and probationary endorsement for teachers of gifted education. 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, and there are no fees for probationary endorsements. While processing applications and issuing endorsements and probationary endorsements 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.