Title 016 | Chapter 009 | Regulation 100
SUPERSEDED
This document is no longer current.
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(New Administrative Regulation)
16 KAR 9:100.Alternative route to Certification Institute.
Section 1.
Institute Providers.(1)
Providers who are not currently accredited by the EPSB in accordance with 16 KAR 5:010, are recommended to demonstrate partnerships with institutions of higher education accredited by the EPSB and school districts or cooperatives recognized by the Kentucky Department of Education.(2)
Providers shall submit an application to the EPSB in accordance with the Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute.Section 2.
Application Review.(1)
Applications to provide an alternative route to certification institute shall be submitted to EPSB staff.(2)
EPSB staff shall complete an initial review to ensure that the application addresses the requirements of KRS 161.048(8) and the Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute.(a)
If EPSB staff determines that the application addresses the requirements, it shall be forwarded to an external review team.(b)
If EPSB staff determines that the application does not address all the requirements, staff shall notify the provider of the deficiencies.(3)
An external review team of trained reviewers identified by EPSB staff shall review the application in accordance with KRS 161.048(8) and the Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute.(4)
The external review team shall be comprised of:(a)
One (1) representative from an EPSB accredited postsecondary institution;(b)
One (1) representative from a Kentucky education cooperative; and(c)
One (1) representative from a Kentucky public school district.(5)
The external review team shall review the application to provide an alternative route to certification institute and determine the quality of the application. The review team shall recommend acceptance or denial of the application to the EPSB and shall include a supporting rationale for the recommendation.(6)
The EPSB shall review the external review team's recommendation, shall approve or deny each application, and shall transmit the decision and rationale for the decision to the provider.(7)
The provider may revise and resubmit a plan that has been denied.(8)
Any approval granted by the EPSB shall specify the period of approval of the institute, which shall not exceed two (2) years for initial approval. Providers may apply for an extension of approval as outlined in Section 3 of this administrative regulation.Section 3.
Continuance of Program Approval.(1)
An institute provider may apply for continuance of an approved alternative route to certification institute for an additional period of time not to exceed seven (7) years. The request for continuance shall specify any changes in program components that have occurred since the institute received prior EPSB approval and that are planned for implementation in subsequent training periods.(2)
The request for continuance shall provide specific examples of demonstrating program quality. The request for continuance shall set forth statistical information related to teacher retention for all prior candidates who have completed the institute. Standards for program approval and program quality specified under this administrative regulation shall be maintained under any program extension.Section 4.
Revocation for Cause.(1)
If an area of concern or an allegation of misconduct arises after an institute has been approved, staff shall bring a complaint to the EPSB for initial review.(2)
After review of the allegations in the complaint, the EPSB may refer the matter to the external review team for further investigation.(3)
(a)
Notice of the EPSB's decision to refer the matter and the complaint shall be sent to the provider.(b)
Within thirty (30) days of receipt of the complaint, the provider shall respond to the allegations in writing and provide evidence pertaining to the allegations in the complaint to the EPSB.(4)
(a)
The external review team shall review any evidence supporting the allegations and any information submitted by the provider.(b)
The external review team may conduct on-site evaluations to evaluate the quality of the programs.(c)
Upon completion of the review, the external review team shall issue a report recommending to the EPSB continued approval of the institute or revocation of institute approval if the institute no longer meets the standards and requirements for approval.(5)
The provider shall receive a copy of the external review team's report and may file a response to the recommendation.(6)
(a)
The recommendation from the external review team and the provider's response shall be presented to the EPSB.(b)
The EPSB shall consider the findings and recommendations of the external review team and make a final determination regarding the approval of the institute.Section 5.
Appeals Process.(1)
If a provider seeks appeal of an EPSB decision, the provider shall appeal within thirty (30) days of receipt of the EPSB official notification. A provider shall appeal on the grounds that:(a)
A prescribed standard was disregarded;(b)
A procedure was not followed; or(c)
Evidence of compliance in place at the time of the review and favorable to the provider was not considered.(2)
An appeals panel of no fewer than three (3) members shall be appointed by the EPSB chair from members of the EPSB who do not have a conflict of interest regarding the provider or institute. The ad hoc committee shall recommend action on the appeal to the full EPSB.(3)
The consideration of the appeal shall be in accordance with KRS Chapter 13B.Section 6.
Data Reports.(1)
The EPSB shall maintain data reports related to the following:(a)
Approval status of all EPSB approved Option 7programs;(b)
Contact information for the person responsible for the institute;(c)
Year of last program review;(d)
Tables relating the institute total enrollment disaggregated by ethnicity and gender for the last three (3) years;(e)
Tables relating the institute faculty disaggregated by the number of full-time equivalents (FTE), ethnicity, and gender for the last three (3) years;(f)
Table of the number of program completers for the last three (3) years;(g)
Table relating pass rates on the required assessments;(h)
Table relating program completer satisfaction with the preparation program; and(i)
Table relating new teacher (under three (3) years) and supervisor satisfaction with the preparation program.(2)
Providers shall report to the EPSB staff at the end of each school year continuous improvement efforts relating to the institute.Section 7.
Temporary Provisional Certificate.(1)
An eligible candidate who meets the requirements of KRS 161.048 (8)(a)1.-4. and 16 KAR 2:010, Section 3 (1), shall be issued a one-year provisional teaching certificate.(2)
The candidate shall apply to the EPSB and provide:(a)
Official transcripts of all college work undertaken by the candidate establishing proof of a bachelor's degree or graduate degree and grade point average;(b)
Proof of a passing score on the admission assessments as established in 16 KAR 5:020;(c)
Proof of a passing score on the academic content assessment, as established in 16 KAR 6:010, in the area in which certification is being sought;(d)
Verification by the institute provider of completion of half of the requisite institute hours; and(e)
Evidence of employment in a Kentucky school district or nonpublic school in the content area of the certification.(3)
The temporary provisional certificate may be renewed for a maximum of two (2) additional years.(4)
A candidate shall be eligible for first renewal of the temporary provisional certificate upon application to the EPSB, compliance with 16 KAR 2:010, Section 3(1), and successful completion of the following requirements:(a)
Verification of completion of:1.
240 hour institute for elementary or K-12 certification; or2.
180 hour institute for middle or high school certification.(b)
Evidence of employment in a Kentucky school district or nonpublic school in the content area of the certification.Section 8.
Professional Certificate.(1)
Upon completion of all program requirements of the alternative route to certification institute, the applicant may apply for the professional certificate.(2)
Prior to issuance of the professional certificate, the candidate shall obtain a passing score on the pedagogy assessment, as established in 16 KAR 6:010, for the certificate being sought.(3)
Upon application to the EPSB, compliance with 16 KAR 2:010, Section 3(1), and verification that a candidate has met all eligibility requirements for certificate issuance, the EPSB shall issue the candidate a professional certificate.Section 9.
Incorporation by Reference.(1)
The following material is incorporated by reference:" Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute", 2022.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Education Professional Standards Board, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: July 6, 2022
FILED WITH LRC: July 13, 2022 at 3:55 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on September 26, 2022, at 10:00 a.m. in the State Board Room, Fifth Floor, 300 Sower Boulevard, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through September 30, 2022. 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 standards and procedures of the Option 7 institute route to certification.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the standards and procedures for the Option 7 institute route to certification.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 161.028 requires the Education Professional Standards Board to establish standards and requirements for obtaining and maintaining a teaching certificate. KRS 161.048(8) creates the Option 7 alternative route to certification and KRS 161.048(1)(e) requires the Education Professional Standards Board to promulgate administrative regulations establishing standards and procedures for the alternative certification options.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation delineates the requirements for providing an Option 7 alternative route to certification program as well as the requirements for candidates of the route to obtain certification.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(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 and approved educator preparation program, and applicants for certification.
(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:
School districts and educator preparation providers will have to meet the requirements of this regulation and apply to the Education Professional Standards Board to be approved to offer Option 7 programs. Candidates of this route will have to complete the program requirements and apply to the Education Professional Standards Board for certification upon completion.
(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):
Applicants to provide an Option 7 program will meet the requirements for approval by the Education Professional Standards Board. Candidates for this route will have access to high quality programs.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The initial cost to implement this regulation will be the time and resources for processing and reviewing the applications to provide an Option 7 program. In the past there have been very few applicants to provide an Option 7 route.
(b) On a continuing basis:
The continuing cost to implement this regulation will be the staff time and resources for processing applications to provide an Option 7 program and applications for certification from program completers. It is unknown how many applications will be received.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
General Fund and certification fees collected pursuant to 16 KAR 4:040.
(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:
At this time, it is not expected that an increase in fees or funding will 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:
Certification fees are established by 16 KAR 4:040. No additional fees are established by this regulation.
(9) TIERING: Is tiering applied?
Tiering is not applicable to the requirements of this regulation.
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 Education Professional Standards Board, public-school districts, and public institutions of higher education with approved educator preparation programs.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 161.028, KRS 161.030, KRS 161.048.
(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?
This will not generate any revenue for the Education Professional Standards Board in the first year. This will not generate revenue for participating school districts but may generate revenue in the form of tuition for participating institutions of higher education.
(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?
Each applicant for certification through this route will have to pay the certification fee established in 16 KAR 4:040. In the past, this route has not garnered much interest so it is unknown how many applications will be received through it. Certification fees are a part of the Education Professional Standards Board’s restricted funds, that in accordance with KRS 161.028 (1)(m) can be used towards the costs of issuance, reissuance, and renewal of certificates, and the costs associated with disciplinary action against a certificate holder. In subsequent years, this will not generate revenue for participating school districts but may generate revenue in the form of tuition for participating institutions of higher education.
(c) How much will it cost to administer this program for the first year?
For the first year, cost will be the time and resources for processing and reviewing the applications to provide an Option 7 program. There will also be development costs for the school districts and institutions of higher education wishing to offer an Option 7 program. Those costs are not established by this regulation but are inherent in the statutory requirements of the route.
(d) How much will it cost to administer this program for subsequent years?
For the subsequent years, the cost will be the staff time and resources for reviewing applications to offer an Option 7 program, overseeing the continuous review of providers, processing the applications for certification from route completers and issuing certificates. This will vary depending on the number of applications and certificates. There will also be ongoing costs to providers to run the institutes and offer mentoring and support to candidates. These costs are not established by this administrative regulation but are inherent in the statutory requirements of the route.
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:
At this time, it is unknown how many future educators will pursue this route. Applicants will be required to pay the certification fee established in 16 KAR 4:040. The certification fees collected for these applications will offset the costs of issuance.
(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 will be initial costs to school districts and institutions of higher education wishing to participate in this route; however, those costs are not created by this regulation but are inherent to the route and its statutory requirements.
(d) How much will it cost the regulated entities for subsequent years?
There will be costs to school districts and institutions of higher education wishing to participate in this route; however, those costs are not created by this regulation but are inherent to the route and its statutory requirements.
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 costs for the Education Professional Standards Board or the regulated entities.
EDUCATION AND LABOR CABINET
Education Professional Standards Board
(New Administrative Regulation)
16 KAR 9:100.Alternative route to Certification Institute.
Section 1.
Institute Providers.(1)
Providers who are not currently accredited by the EPSB in accordance with 16 KAR 5:010, are recommended to demonstrate partnerships with institutions of higher education accredited by the EPSB and school districts or cooperatives recognized by the Kentucky Department of Education.(2)
Providers shall submit an application to the EPSB in accordance with the Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute.Section 2.
Application Review.(1)
Applications to provide an alternative route to certification institute shall be submitted to EPSB staff.(2)
EPSB staff shall complete an initial review to ensure that the application addresses the requirements of KRS 161.048(8) and the Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute.(a)
If EPSB staff determines that the application addresses the requirements, it shall be forwarded to an external review team.(b)
If EPSB staff determines that the application does not address all the requirements, staff shall notify the provider of the deficiencies.(3)
An external review team of trained reviewers identified by EPSB staff shall review the application in accordance with KRS 161.048(8) and the Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute.(4)
The external review team shall be comprised of:(a)
One (1) representative from an EPSB accredited postsecondary institution;(b)
One (1) representative from a Kentucky education cooperative; and(c)
One (1) representative from a Kentucky public school district.(5)
The external review team shall review the application to provide an alternative route to certification institute and determine the quality of the application. The review team shall recommend acceptance or denial of the application to the EPSB and shall include a supporting rationale for the recommendation.(6)
The EPSB shall review the external review team's recommendation, shall approve or deny each application, and shall transmit the decision and rationale for the decision to the provider.(7)
The provider may revise and resubmit a plan that has been denied.(8)
Any approval granted by the EPSB shall specify the period of approval of the institute, which shall not exceed two (2) years for initial approval. Providers may apply for an extension of approval as outlined in Section 3 of this administrative regulation.Section 3.
Continuance of Program Approval.(1)
An institute provider may apply for continuance of an approved alternative route to certification institute for an additional period of time not to exceed seven (7) years. The request for continuance shall specify any changes in program components that have occurred since the institute received prior EPSB approval and that are planned for implementation in subsequent training periods.(2)
The request for continuance shall provide specific examples of demonstrating program quality. The request for continuance shall set forth statistical information related to teacher retention for all prior candidates who have completed the institute. Standards for program approval and program quality specified under this administrative regulation shall be maintained under any program extension.Section 4.
Revocation for Cause.(1)
If an area of concern or an allegation of misconduct arises after an institute has been approved, staff shall bring a complaint to the EPSB for initial review.(2)
After review of the allegations in the complaint, the EPSB may refer the matter to the external review team for further investigation.(3)
(a)
Notice of the EPSB's decision to refer the matter and the complaint shall be sent to the provider.(b)
Within thirty (30) days of receipt of the complaint, the provider shall respond to the allegations in writing and provide evidence pertaining to the allegations in the complaint to the EPSB.(4)
(a)
The external review team shall review any evidence supporting the allegations and any information submitted by the provider.(b)
The external review team may conduct on-site evaluations to evaluate the quality of the programs.(c)
Upon completion of the review, the external review team shall issue a report recommending to the EPSB continued approval of the institute or revocation of institute approval if the institute no longer meets the standards and requirements for approval.(5)
The provider shall receive a copy of the external review team's report and may file a response to the recommendation.(6)
(a)
The recommendation from the external review team and the provider's response shall be presented to the EPSB.(b)
The EPSB shall consider the findings and recommendations of the external review team and make a final determination regarding the approval of the institute.Section 5.
Appeals Process.(1)
If a provider seeks appeal of an EPSB decision, the provider shall appeal within thirty (30) days of receipt of the EPSB official notification. A provider shall appeal on the grounds that:(a)
A prescribed standard was disregarded;(b)
A procedure was not followed; or(c)
Evidence of compliance in place at the time of the review and favorable to the provider was not considered.(2)
An appeals panel of no fewer than three (3) members shall be appointed by the EPSB chair from members of the EPSB who do not have a conflict of interest regarding the provider or institute. The ad hoc committee shall recommend action on the appeal to the full EPSB.(3)
The consideration of the appeal shall be in accordance with KRS Chapter 13B.Section 6.
Data Reports.(1)
The EPSB shall maintain data reports related to the following:(a)
Approval status of all EPSB approved Option 7programs;(b)
Contact information for the person responsible for the institute;(c)
Year of last program review;(d)
Tables relating the institute total enrollment disaggregated by ethnicity and gender for the last three (3) years;(e)
Tables relating the institute faculty disaggregated by the number of full-time equivalents (FTE), ethnicity, and gender for the last three (3) years;(f)
Table of the number of program completers for the last three (3) years;(g)
Table relating pass rates on the required assessments;(h)
Table relating program completer satisfaction with the preparation program; and(i)
Table relating new teacher (under three (3) years) and supervisor satisfaction with the preparation program.(2)
Providers shall report to the EPSB staff at the end of each school year continuous improvement efforts relating to the institute.Section 7.
Temporary Provisional Certificate.(1)
An eligible candidate who meets the requirements of KRS 161.048 (8)(a)1.-4. and 16 KAR 2:010, Section 3 (1), shall be issued a one-year provisional teaching certificate.(2)
The candidate shall apply to the EPSB and provide:(a)
Official transcripts of all college work undertaken by the candidate establishing proof of a bachelor's degree or graduate degree and grade point average;(b)
Proof of a passing score on the admission assessments as established in 16 KAR 5:020;(c)
Proof of a passing score on the academic content assessment, as established in 16 KAR 6:010, in the area in which certification is being sought;(d)
Verification by the institute provider of completion of half of the requisite institute hours; and(e)
Evidence of employment in a Kentucky school district or nonpublic school in the content area of the certification.(3)
The temporary provisional certificate may be renewed for a maximum of two (2) additional years.(4)
A candidate shall be eligible for first renewal of the temporary provisional certificate upon application to the EPSB, compliance with 16 KAR 2:010, Section 3(1), and successful completion of the following requirements:(a)
Verification of completion of:1.
240 hour institute for elementary or K-12 certification; or2.
180 hour institute for middle or high school certification.(b)
Evidence of employment in a Kentucky school district or nonpublic school in the content area of the certification.Section 8.
Professional Certificate.(1)
Upon completion of all program requirements of the alternative route to certification institute, the applicant may apply for the professional certificate.(2)
Prior to issuance of the professional certificate, the candidate shall obtain a passing score on the pedagogy assessment, as established in 16 KAR 6:010, for the certificate being sought.(3)
Upon application to the EPSB, compliance with 16 KAR 2:010, Section 3(1), and verification that a candidate has met all eligibility requirements for certificate issuance, the EPSB shall issue the candidate a professional certificate.Section 9.
Incorporation by Reference.(1)
The following material is incorporated by reference:" Guidelines for Submitting an Application to Provide an Alternative Route to Certification Institute", 2022.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Education Professional Standards Board, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.JUSTIN MITCHELL, Board Chair
APPROVED BY AGENCY: July 6, 2022
FILED WITH LRC: July 13, 2022 at 3:55 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on September 26, 2022, at 10:00 a.m. in the State Board Room, Fifth Floor, 300 Sower Boulevard, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through September 30, 2022. 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 standards and procedures of the Option 7 institute route to certification.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the standards and procedures for the Option 7 institute route to certification.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 161.028 requires the Education Professional Standards Board to establish standards and requirements for obtaining and maintaining a teaching certificate. KRS 161.048(8) creates the Option 7 alternative route to certification and KRS 161.048(1)(e) requires the Education Professional Standards Board to promulgate administrative regulations establishing standards and procedures for the alternative certification options.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation delineates the requirements for providing an Option 7 alternative route to certification program as well as the requirements for candidates of the route to obtain certification.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(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 and approved educator preparation program, and applicants for certification.
(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:
School districts and educator preparation providers will have to meet the requirements of this regulation and apply to the Education Professional Standards Board to be approved to offer Option 7 programs. Candidates of this route will have to complete the program requirements and apply to the Education Professional Standards Board for certification upon completion.
(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):
Applicants to provide an Option 7 program will meet the requirements for approval by the Education Professional Standards Board. Candidates for this route will have access to high quality programs.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The initial cost to implement this regulation will be the time and resources for processing and reviewing the applications to provide an Option 7 program. In the past there have been very few applicants to provide an Option 7 route.
(b) On a continuing basis:
The continuing cost to implement this regulation will be the staff time and resources for processing applications to provide an Option 7 program and applications for certification from program completers. It is unknown how many applications will be received.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
General Fund and certification fees collected pursuant to 16 KAR 4:040.
(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:
At this time, it is not expected that an increase in fees or funding will 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:
Certification fees are established by 16 KAR 4:040. No additional fees are established by this regulation.
(9) TIERING: Is tiering applied?
Tiering is not applicable to the requirements of this regulation.
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 Education Professional Standards Board, public-school districts, and public institutions of higher education with approved educator preparation programs.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 161.028, KRS 161.030, KRS 161.048.
(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?
This will not generate any revenue for the Education Professional Standards Board in the first year. This will not generate revenue for participating school districts but may generate revenue in the form of tuition for participating institutions of higher education.
(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?
Each applicant for certification through this route will have to pay the certification fee established in 16 KAR 4:040. In the past, this route has not garnered much interest so it is unknown how many applications will be received through it. Certification fees are a part of the Education Professional Standards Board’s restricted funds, that in accordance with KRS 161.028 (1)(m) can be used towards the costs of issuance, reissuance, and renewal of certificates, and the costs associated with disciplinary action against a certificate holder. In subsequent years, this will not generate revenue for participating school districts but may generate revenue in the form of tuition for participating institutions of higher education.
(c) How much will it cost to administer this program for the first year?
For the first year, cost will be the time and resources for processing and reviewing the applications to provide an Option 7 program. There will also be development costs for the school districts and institutions of higher education wishing to offer an Option 7 program. Those costs are not established by this regulation but are inherent in the statutory requirements of the route.
(d) How much will it cost to administer this program for subsequent years?
For the subsequent years, the cost will be the staff time and resources for reviewing applications to offer an Option 7 program, overseeing the continuous review of providers, processing the applications for certification from route completers and issuing certificates. This will vary depending on the number of applications and certificates. There will also be ongoing costs to providers to run the institutes and offer mentoring and support to candidates. These costs are not established by this administrative regulation but are inherent in the statutory requirements of the route.
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:
At this time, it is unknown how many future educators will pursue this route. Applicants will be required to pay the certification fee established in 16 KAR 4:040. The certification fees collected for these applications will offset the costs of issuance.
(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 will be initial costs to school districts and institutions of higher education wishing to participate in this route; however, those costs are not created by this regulation but are inherent to the route and its statutory requirements.
(d) How much will it cost the regulated entities for subsequent years?
There will be costs to school districts and institutions of higher education wishing to participate in this route; however, those costs are not created by this regulation but are inherent to the route and its statutory requirements.
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 costs for the Education Professional Standards Board or the regulated entities.