Title 016 | Chapter 004 | Regulation 030REG
PROPOSED
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EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Amendment)
16 KAR 4:030.Out-of-state educator preparation.
Section 1.
Definition. "Out-of-state educator preparation provider" means an educator preparation provider located outside of the Commonwealth of Kentucky or an online educator preparation provider not subject to the licensing requirements of 13 KAR 1:020 that is not accredited by the EPSB.Section 2.
(1)
An applicant for Kentucky teacher or administrative certification whose professional preparation was completed at an out-of-state educator preparation provider, excluding providers that are solely online, shall have completed a program of preparation and the curriculum requirements approved by the responsible state education agency for teacher or administrative certification.(2)
An applicant for Kentucky teacher or administrative certification who completes an out-of-state educator preparation program through a solely online out-of-state educator preparation provider shall have:(a)
Completed a program of preparation that is:1.
Accredited or approved, as applicable, by the provider's state of origin;2.
Regionally or nationally accredited; and3.
Accredited by an educator preparation accreditor approved by the EPSB(b)
The curriculum requirements approved by the responsible state education agency for teacher or administrative certification.Section 3.
Teacher Certification.(1)
An applicant for Kentucky teacher certification whose professional preparation was completed at an out-of-state educator preparation provider shall:(a)
Meet the degree, academic preparation, and grade point average requirements for issuance of the(b)
Satisfy the degree, academic preparation, and grade point average requirements established in 16 KAR 2:010;(c)
Provide evidence that the out-of-state license or certificate required(d)
Follow the procedures for certificate application established in 16 KAR 2:010.(2)
An applicant for Kentucky teacher certification whose professional preparation was completed at an out-of-state educator preparation provider and who meets the requirements of Section 2 of this administrative regulation and subsection (1) of this section shall be issued a Kentucky teaching certificate or statement of eligibility established in 16 KAR 2:010 at the grade range and content area corresponding to the out-of-state preparation.(3)
(a)
1.
2.
(b)
1.
2.
3.
4.
Section 4.
Administrative Certification.(1)
An applicant for Kentucky administrative certification whose professional preparation was completed at an out-of-state educator preparation provider shall:(a)
Meet the degree, academic preparation, and grade point average requirements for issuance of the(b)
Satisfy the degree, academic preparation, and grade point average requirements for the administrative certificate established in 16 KAR Chapter 3;(c)
Provide evidence that the out-of-state license or certificate required(d)
Follow the procedures for certificate application established in 16 KAR Chapter 3.(2)
An applicant for Kentucky administrative certification whose professional preparation was completed at an out-of-state educator preparation provider and who meets the requirements of Section 2 of this administrative regulation and subsection (1) of this section shall be issued a Kentucky administrative certificate or statement of eligibility established in 16 KAR Chapter 3 corresponding to the out-of-state preparation.(3)
An applicant for Kentucky principal certification who was admitted to a principal preparation program located outside the Commonwealth of Kentucky prior to January 1, 2012 and who completes the program prior to January 31, 2014 shall be exempt from subsection (1)(c) of this section.Section 5.
(1)
An out-of-state applicant shall be subject to the testing and internship requirements of KRS Chapter 161 and the corresponding(2)
An out-of-state applicant shall be subject to the certificate issuance, recency, reissuance, renewal, and rank change provisions of KRS Chapter 161 and KAR Title 16.Section 6.
(1)
(2)
JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: February 12, 2024
FILED WITH LRC: February 15, 2024 at 11:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on April 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 April 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 certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 161.020 and 161.030 require that a teacher and other professional school personnel hold a certificate of legal qualifications for the respective position to be issued upon completion of a program of preparation prescribed by the Education Professional Standards Board (EPSB). KRS 161.028 requires the EPSB to establish the standards for obtaining and maintaining a teaching certificate. This administrative regulation establishes the certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(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 applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(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:
This amendment updates Section 2 of the regulation to reflect the EPSB’s recognition of multiple national educator preparation accreditors. It amends Section 3 and Section 4 of the regulation to remove the requirement that the applicant possess the out-of-state certificate but requires that they meet the preparation requirements for the out-of-state certificate. It also strikes language in Section 3 that adds an additional renewal requirement on out-of-state prepared applicants.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to establish the certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment provides for issuance of a certificate for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(d) How the amendment will assist in the effective administration of the statutes:
The amendments to Section 3 and 4 of the regulation will make it easier for an out -of-state prepared educator to obtain Kentucky certification by replacing the requirement that they hold the out-of-state certificate, which often requires completion of the state’s certification assessments, with the requirement that they meet the preparation requirements for the out-of-state certificate.
(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 with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(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 school districts. Candidates for certification who completed out-of-state educator preparation programs will no longer have to show that they obtained the out-of-state certification, but simply that they met the education and preparation requirements for the out-of-state 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.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will result in approval of a Kentucky certificate for an out-of-state prepared educator.
(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 out-of-state prepared educators.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The EPSB and public-school districts.
(2) Identify each state or 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.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The amendment to this administrative regulation is not expected to generate any revenue during the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The amendment to this administrative regulation is not expected to generate any revenue during subsequent years.
(c) How much will it cost to administer this program for the first year?
There are no additional costs expected with this amendment.
(d) How much will it cost to administer this program for subsequent years?
There are no additional costs expected with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
The EPSB is not imposing or collecting any fees under this administrative regulation. Certification fees are established in 16 KAR 4:040.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None anticipated.
(c) How much will it cost the regulated entities for the first year?
There are no costs created by this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs created by this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] There is not an expected major economic impact from this regulation as it does not create additional costs for the EPSB or the regulated entities.
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(Amendment)
16 KAR 4:030.Out-of-state educator preparation.
Section 1.
Definition. "Out-of-state educator preparation provider" means an educator preparation provider located outside of the Commonwealth of Kentucky or an online educator preparation provider not subject to the licensing requirements of 13 KAR 1:020 that is not accredited by the EPSB.Section 2.
(1)
An applicant for Kentucky teacher or administrative certification whose professional preparation was completed at an out-of-state educator preparation provider, excluding providers that are solely online, shall have completed a program of preparation and the curriculum requirements approved by the responsible state education agency for teacher or administrative certification.(2)
An applicant for Kentucky teacher or administrative certification who completes an out-of-state educator preparation program through a solely online out-of-state educator preparation provider shall have:(a)
Completed a program of preparation that is:1.
Accredited or approved, as applicable, by the provider's state of origin;2.
Regionally or nationally accredited; and3.
Accredited by an educator preparation accreditor approved by the EPSB; and(b)
The curriculum requirements approved by the responsible state education agency for teacher or administrative certification.Section 3.
Teacher Certification.(1)
An applicant for Kentucky teacher certification whose professional preparation was completed at an out-of-state educator preparation provider shall:(a)
Meet the degree, academic preparation, and grade point average requirements for issuance of the teacher license or certificate equivalent to the Kentucky statement of eligibility from the state, territory, or province where the applicant completed his or her preparation program;(b)
Satisfy the degree, academic preparation, and grade point average requirements established in 16 KAR 2:010;(c)
Provide evidence that the out-of-state license or certificate required completion of an approved educator preparation program and not based on the completion of a written or verbal assessment; and(d)
Follow the procedures for certificate application established in 16 KAR 2:010.(2)
An applicant for Kentucky teacher certification whose professional preparation was completed at an out-of-state educator preparation provider and who meets the requirements of Section 2 of this administrative regulation and subsection (1) of this section shall be issued a Kentucky teaching certificate or statement of eligibility established in 16 KAR 2:010 at the grade range and content area corresponding to the out-of-state preparation.Section 4.
Administrative Certification.(1)
An applicant for Kentucky administrative certification whose professional preparation was completed at an out-of-state educator preparation provider shall:(a)
Meet the degree, academic preparation, and grade point average requirements for issuance of the administrative license or certificate equivalent to the Kentucky corresponding statement of eligibility or administrative certificate from the state, territory, or province where the applicant completed his or her preparation program;(b)
Satisfy the degree, academic preparation, and grade point average requirements for the administrative certificate established in 16 KAR Chapter 3;(c)
Provide evidence that the out-of-state license or certificate required completion of an approved educator preparation program consisting of a minimum of thirty (30) post Masters' graduate-level hours in school administration; and(d)
Follow the procedures for certificate application established in 16 KAR Chapter 3.(2)
An applicant for Kentucky administrative certification whose professional preparation was completed at an out-of-state educator preparation provider and who meets the requirements of Section 2 of this administrative regulation and subsection (1) of this section shall be issued a Kentucky administrative certificate or statement of eligibility established in 16 KAR Chapter 3 corresponding to the out-of-state preparation.(3)
An applicant for Kentucky principal certification who was admitted to a principal preparation program located outside the Commonwealth of Kentucky prior to January 1, 2012 and who completes the program prior to January 31, 2014 shall be exempt from subsection (1)(c) of this section.Section 5.
(1)
An out-of-state applicant shall be subject to the testing and internship requirements of KRS Chapter 161 and the corresponding administrative regulations of the EPSB in KAR Title 16.(2)
An out-of-state applicant shall be subject to the certificate issuance, recency, reissuance, renewal, and rank change provisions of KRS Chapter 161 and KAR Title 16.JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: February 12, 2024
FILED WITH LRC: February 15, 2024 at 11:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on April 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 April 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 certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 161.020 and 161.030 require that a teacher and other professional school personnel hold a certificate of legal qualifications for the respective position to be issued upon completion of a program of preparation prescribed by the Education Professional Standards Board (EPSB). KRS 161.028 requires the EPSB to establish the standards for obtaining and maintaining a teaching certificate. This administrative regulation establishes the certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(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 applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(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:
This amendment updates Section 2 of the regulation to reflect the EPSB’s recognition of multiple national educator preparation accreditors. It amends Section 3 and Section 4 of the regulation to remove the requirement that the applicant possess the out-of-state certificate but requires that they meet the preparation requirements for the out-of-state certificate. It also strikes language in Section 3 that adds an additional renewal requirement on out-of-state prepared applicants.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to establish the certification provisions for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment provides for issuance of a certificate for applicants with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(d) How the amendment will assist in the effective administration of the statutes:
The amendments to Section 3 and 4 of the regulation will make it easier for an out -of-state prepared educator to obtain Kentucky certification by replacing the requirement that they hold the out-of-state certificate, which often requires completion of the state’s certification assessments, with the requirement that they meet the preparation requirements for the out-of-state certificate.
(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 with out-of-state educator preparation who do not qualify for the Interstate Teacher Mobility Compact.
(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 school districts. Candidates for certification who completed out-of-state educator preparation programs will no longer have to show that they obtained the out-of-state certification, but simply that they met the education and preparation requirements for the out-of-state 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.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will result in approval of a Kentucky certificate for an out-of-state prepared educator.
(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 out-of-state prepared educators.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The EPSB and public-school districts.
(2) Identify each state or 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.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The amendment to this administrative regulation is not expected to generate any revenue during the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The amendment to this administrative regulation is not expected to generate any revenue during subsequent years.
(c) How much will it cost to administer this program for the first year?
There are no additional costs expected with this amendment.
(d) How much will it cost to administer this program for subsequent years?
There are no additional costs expected with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
The EPSB is not imposing or collecting any fees under this administrative regulation. Certification fees are established in 16 KAR 4:040.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None anticipated.
(c) How much will it cost the regulated entities for the first year?
There are no costs created by this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs created by this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] There is not an expected major economic impact from this regulation as it does not create additional costs for the EPSB or the regulated entities.