Title 016 | Chapter 002 | Regulation 120
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Amended After Comments)
16 KAR 2:120.Emergency teaching certification and 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)
(b)
(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.(2)
The emergency certificate shall be valid for one (1) school year.(3)
The emergency teaching certificate shall be limited to two (2) issuances. A candidate may qualify for an additional issuance if an emergency certificate was issued under the following conditions:(a)
The emergency certificate was issued after February 15 of a school year; or(b)
The emergency certificate was issued for less than fifty (50) percent of the person's class schedule.(4)
The EPSB shall not issue an emergency certificate for teaching exceptional children or interdisciplinary early childhood education.(3)
(a)
1.
2.
3.
(b)
1.
2.
(c)
(4)
(a)
1.
2.
a.
b.
3.
(b)
(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 EPSBSection 3.
Emergency Teaching Certificate.(1)
Issuance of an emergency teaching certificate shall require a minimum of a bachelor's degree from a regionally or nationally accredited college or university with one of the following:(a)
a cumulative minimum grade point average of 2.5 on a 4.0 scale; or(b)
a grade point average of 2.75 on a 4.0 scale on the last thirty hours of credit completed, including undergraduate and graduate coursework.(2)
A candidate meeting the requirements of Subsection (1) of this section shall be eligible for issuance of the emergency teaching certificate upon application to the EPSB, compliance with 16 KAR 2:010, Section 3(1), and submission of the following documentation:(a)
Official transcripts showing all college or university credits necessary for the requested certificate;(b)
An offer of employment in a Kentucky school district in the area in which emergency certification is being sought; and(c)
Compliance with Section 2(1) of this administrative regulation.(3)
An emergency teaching certificate shall not be issued to individuals who have been judged to be unsatisfactory in the beginning teacher internship established in 16 KAR 7:010Section 4.
(1)
(a)
(b)
(2)
(3)
(4)
(a)
(b)
Section 5.
(1)
(2)
(3)
(a)
(b)
(7)
(a)
1.
a.
b.
(i)
(ii)
2.
(b)
1.
2.
a.
b.
(c)
(8)
(a)
1.
2.
(b)
1.
2.
(c)
1.
a.
(i)
(ii)
b.
(i)
(ii)
2.
3.
Section 4.Section 6.
(1)
The EPSB(1)(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.
2.
3.
(c)
1.
2.
(2)(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)
Section 5.Section 7.
(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; and4.
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.
Section 6.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: May 15, 2024
FILED WITH LRC: May 15, 2024 at 11:30 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.
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 qualifications and procedures for emergency teaching certifications and establishes the definition for out-of-field teaching.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the certification requirements for emergency teaching certificates and the definition for out-of-field teaching.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 161.020 requires a certificate of legal qualifications for any public-school position for which a certificate is issued. KRS 161.028 requires the EPSB to establish standards and requirements for obtaining and maintaining a teaching certificate. KRS 161.100 authorizes the EPSB to establish qualifications for granting emergency certificates if qualified teachers are not available for specific positions.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation delineates the requirements for emergency teaching certificates.
(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 amendment prohibits the issuance of emergency certificates for special education teachers to comply with federal regulation on the Individuals with Disabilities Education Act. The proposed amendment also removes outdated application forms and updates the grade point average requirement for emergency teaching and allows for an additional issuance of an emergency teaching certificate. The amendment strikes reference to emergency substitute certificates and the Kentucky Teacher Internship Program.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to comply with federal regulation on the Individuals with Disabilities Education Act, remove outdated application forms, update the grade point average requirement, and allow for an additional issuance of an emergency teaching certificate. The amendment is also necessary to comply
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment sets the requirements for emergency teaching certifications.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will set the standards for issuance of emergency certificates when qualified applicants are not available for a position and will ensure compliance with federal regulation on the individuals with disabilities education act.
(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 individuals seeking emergency certificates.
(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:
The amendment will not allow issuance of emergency certificates for special education. For all other areas of certification, the amendments will not require additional action by the entities but will allow for an additional issuance of an emergency certificate.
(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. With the prohibition on issuance of emergency certificates for special education, districts will have to pursue other options to have applicants certified; however, the Education Professional Standards Board issues other one-year certificates that meet the requirements of the federal regulation and do not have a certification fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will ensure compliance with federal regulation on the Individuals with Disabilities Education Act. For all other certification areas, compliance will ensure issuance of an emergency certificate when a qualified candidate is not available.
(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 districts and individuals seeking emergency certificates.
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, 34 C.F.R. § 300.156.
(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 probationary certificates.
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 emergency 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 costs associated with the emergency certificates.
Revenues:
This regulation sets the standards for the emergency teaching certificates. It will not generate revenue for districts.
Cost Savings:
There are no cost savings expected as there has never been a fee associated with emergency teaching certificates.
(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):
Individuals seeking emergency teaching certificates.
(a) Estimate the following for the first year:
Expenditures:
There are no expected expenditures for applicants as there is no fee for an emergency certificate.
Revenues:
This regulation does not generate revenue for applicants for certification.
Cost Savings:
There are no cost savings expected as there has never been a fee associated with emergency teaching certificates.
(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. There is no financial cost to districts or applicants for emergency teaching certificates. While processing applications and issuing emergency teaching 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 carryout the amendments. Since no additional expenditures or resources are needed to carry out the amendments, and there are no fees created for districts or applicants, 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 created for districts or applicants, it was determined there is no major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
34 C.F.R. § 300.156 (c) sets personnel qualifications for special education teachers and requires that each person employed as a special education teacher in the state has obtained full state certification as a special education teacher. 34 C.F.R. § 300.156 (c)(1)(ii) prohibits emergency certificates for special education teachers.
(2) State compliance standards.
To comply with the requirements contained in 34 C.F.R. § 300.156 (c) this administrative regulation prohibits the issuance of emergency certificates to teachers of exceptional children and interdisciplinary early childhood education.
(3) Minimum or uniform standards contained in the federal mandate.
34 C.F.R. § 300.156 (c) requires that each person employed as a public-school special education teacher in the state obtain full certification. Participation in an altera route program that requires teachers to receive high-quality professional development, participate in a program of intensive supervision that consists of structured guidance and regular ongoing support, assume functions as a teacher only for a specified period not to exceed three years, and demonstrate satisfactory progress toward full certification will meet the qualifications of the federal regulation under 34 C.F.R. § 300.156 (c)(2). 34 C.F.R. § 300.156 (c) prohibits emergency certification for special education teachers.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This regulation will not impose stricter requirements, or additional or different responsibilities or requirements. The administrative prohibition will only prohibit issuance of emergency certificates to teachers of exceptional children and interdisciplinary early childhood education as required by the federal law. Emergency certificates may be issued for all other certification areas.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
Not applicable.
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Amended After Comments)
16 KAR 2:120.Emergency teaching certification and 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)
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.(2)
The emergency certificate shall be valid for one (1) school year.(3)
The emergency teaching certificate shall be limited to two (2) issuances. A candidate may qualify for an additional issuance if an emergency certificate was issued under the following conditions:(a)
The emergency certificate was issued after February 15 of a school year; or(b)
The emergency certificate was issued for less than fifty (50) percent of the person's class schedule.(4)
The EPSB shall not issue an emergency certificate for teaching exceptional children or interdisciplinary early childhood education.(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 EPSB 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.Section 3.
Emergency Teaching Certificate.(1)
Issuance of an emergency teaching certificate shall require a minimum of a bachelor's degree from a regionally or nationally accredited college or university with one of the following:(a)
a cumulative minimum grade point average of 2.5 on a 4.0 scale; or(b)
a grade point average of 2.75 on a 4.0 scale on the last thirty hours of credit completed, including undergraduate and graduate coursework.(2)
A candidate meeting the requirements of Subsection (1) of this section shall be eligible for issuance of the emergency teaching certificate upon application to the EPSB, compliance with 16 KAR 2:010, Section 3(1), and submission of the following documentation:(a)
Official transcripts showing all college or university credits necessary for the requested certificate;(b)
An offer of employment in a Kentucky school district in the area in which emergency certification is being sought; and(c)
Compliance with Section 2(1) of this administrative regulation.(3)
An emergency teaching certificate shall not be issued to individuals who have been judged to be unsatisfactory in the beginning teacher internship established in 16 KAR 7:010Section 4.
Rank and Salary Provisions.The EPSB shall issue the emergency teaching certificate established in Section 2 of this administrative regulation with a rank designation based upon the criteria established in this subsection.(1)
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.(2)
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.Section 5.
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; and4.
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.JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: May 15, 2024
FILED WITH LRC: May 15, 2024 at 11:30 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.
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 qualifications and procedures for emergency teaching certifications and establishes the definition for out-of-field teaching.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the certification requirements for emergency teaching certificates and the definition for out-of-field teaching.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 161.020 requires a certificate of legal qualifications for any public-school position for which a certificate is issued. KRS 161.028 requires the EPSB to establish standards and requirements for obtaining and maintaining a teaching certificate. KRS 161.100 authorizes the EPSB to establish qualifications for granting emergency certificates if qualified teachers are not available for specific positions.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation delineates the requirements for emergency teaching certificates.
(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 amendment prohibits the issuance of emergency certificates for special education teachers to comply with federal regulation on the Individuals with Disabilities Education Act. The proposed amendment also removes outdated application forms and updates the grade point average requirement for emergency teaching and allows for an additional issuance of an emergency teaching certificate. The amendment strikes reference to emergency substitute certificates and the Kentucky Teacher Internship Program.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to comply with federal regulation on the Individuals with Disabilities Education Act, remove outdated application forms, update the grade point average requirement, and allow for an additional issuance of an emergency teaching certificate. The amendment is also necessary to comply
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment sets the requirements for emergency teaching certifications.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will set the standards for issuance of emergency certificates when qualified applicants are not available for a position and will ensure compliance with federal regulation on the individuals with disabilities education act.
(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 individuals seeking emergency certificates.
(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:
The amendment will not allow issuance of emergency certificates for special education. For all other areas of certification, the amendments will not require additional action by the entities but will allow for an additional issuance of an emergency certificate.
(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. With the prohibition on issuance of emergency certificates for special education, districts will have to pursue other options to have applicants certified; however, the Education Professional Standards Board issues other one-year certificates that meet the requirements of the federal regulation and do not have a certification fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will ensure compliance with federal regulation on the Individuals with Disabilities Education Act. For all other certification areas, compliance will ensure issuance of an emergency certificate when a qualified candidate is not available.
(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 districts and individuals seeking emergency certificates.
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, 34 C.F.R. § 300.156.
(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 probationary certificates.
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 emergency 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 costs associated with the emergency certificates.
Revenues:
This regulation sets the standards for the emergency teaching certificates. It will not generate revenue for districts.
Cost Savings:
There are no cost savings expected as there has never been a fee associated with emergency teaching certificates.
(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):
Individuals seeking emergency teaching certificates.
(a) Estimate the following for the first year:
Expenditures:
There are no expected expenditures for applicants as there is no fee for an emergency certificate.
Revenues:
This regulation does not generate revenue for applicants for certification.
Cost Savings:
There are no cost savings expected as there has never been a fee associated with emergency teaching certificates.
(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. There is no financial cost to districts or applicants for emergency teaching certificates. While processing applications and issuing emergency teaching 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 carryout the amendments. Since no additional expenditures or resources are needed to carry out the amendments, and there are no fees created for districts or applicants, 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 created for districts or applicants, it was determined there is no major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
34 C.F.R. § 300.156 (c) sets personnel qualifications for special education teachers and requires that each person employed as a special education teacher in the state has obtained full state certification as a special education teacher. 34 C.F.R. § 300.156 (c)(1)(ii) prohibits emergency certificates for special education teachers.
(2) State compliance standards.
To comply with the requirements contained in 34 C.F.R. § 300.156 (c) this administrative regulation prohibits the issuance of emergency certificates to teachers of exceptional children and interdisciplinary early childhood education.
(3) Minimum or uniform standards contained in the federal mandate.
34 C.F.R. § 300.156 (c) requires that each person employed as a public-school special education teacher in the state obtain full certification. Participation in an altera route program that requires teachers to receive high-quality professional development, participate in a program of intensive supervision that consists of structured guidance and regular ongoing support, assume functions as a teacher only for a specified period not to exceed three years, and demonstrate satisfactory progress toward full certification will meet the qualifications of the federal regulation under 34 C.F.R. § 300.156 (c)(2). 34 C.F.R. § 300.156 (c) prohibits emergency certification for special education teachers.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This regulation will not impose stricter requirements, or additional or different responsibilities or requirements. The administrative prohibition will only prohibit issuance of emergency certificates to teachers of exceptional children and interdisciplinary early childhood education as required by the federal law. Emergency certificates may be issued for all other certification areas.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
Not applicable.