16 KAR 2:030.
Substitute teachers and emergency school personnel.
RELATES TO: KRS
161.020, 161.028(1)(a), (f), 161.030(1), (9), 161.100
STATUTORY AUTHORITY:
KRS 161.020, 161.028(1)(a), (f), 161.030(1), (9), 161.100
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 161.020, 161.028, and 161.030 require that a teacher and
other professional school personnel hold a certificate of legal qualifications
for the respective position issued by the Education Professional Standards
Board. KRS 161.100 provides for the issuance of an emergency certificate. This
administrative regulation establishes a Certificate for Substitute Teaching,
the priority selection process for employing a substitute teacher, and the
Emergency Noncertified School Personnel Program.
Section 1. (1) The
Certificate for Substitute Teaching shall be issued in accordance with the
pertinent Kentucky statutes and administrative regulations of the Education
Professional Standards Board to an applicant who:
(a) Holds a valid
statement of eligibility for a Kentucky teaching certificate; or
(b) Has previously
held a Kentucky certificate for classroom teaching for which the completion of
a four (4) year program of teacher preparation and a bachelor's degree were
required.
(2) The Certificate
for Substitute Teaching shall be issued initially for a duration period of five
(5) years and may be reissued or renewed upon recommendation of the employing
school district superintendent.
(3) The Certificate
for Substitute Teaching shall:
(a) Be valid for
substitute teaching; and
(b) Not be valid:
1. For continuous
part-time employment for classroom teaching; or
2. As a permanent
replacement for a teacher of record for the remainder of the school year.
Section 2. To employ
a substitute teacher during the temporary absence of the teacher of record for
a position, priority in selection and employment shall be given in accordance
with the following order:
(1) A teacher who
holds appropriate regular certification corresponding to the grade level of the
teaching assignment;
(2) A teacher who
holds regular certification for classroom teaching at any grade level;
(3) A teacher who
holds the Certificate for Substitute Teaching;
(4) Except as
provided in subsection (5) of this section, a person certified on an emergency basis
for substitute teaching pursuant to 16 KAR 2:120, who shall be called according
to the following descending order relating to the amount of college hours
completed:
(a) A Bachelor's
degree;
(b) At least
ninety-six (96) semester hours of college credit;
(c) From sixty-four
(64) to ninety-five (95) semester hours of college credit;
(5) A person
certified on an emergency basis for substitute teaching in a health, technical,
or industrial occupation with a minimum of four (4) years of occupational experience
in the area to be taught and a high school diploma or its equivalent as
determined by evidence of a passing score on the General Education Development
Test.
Section 3. If a
district is unable to employ a substitute teacher using the priority selection
process established in Section 2 of this administrative regulation, a district
may utilize a person through the Emergency Noncertified School Personnel
Program established by the Education Professional Standards Board. A district
seeking participation in this program shall apply to and receive approval from
the Education Professional Standards Board on an annual basis.
(1) A district shall
submit a written letter of application for participation in the Emergency
Noncertified School Personnel Program. A district may make application at any
time during the school year. The application letter shall be reviewed for
approval by the Education Professional Standards Board based upon the following
documented components:
(a) The number of
teaching days not filled with an appropriately certified teacher or
appropriately certified emergency substitute in the preceding school year;
(b) The extent and
anticipated usage of emergency school personnel;
(c) A plan to
eliminate the need for emergency school personnel in the future;
(d) The steps taken
by the district to recruit and retain emergency certified personnel;
(e) The recruitment
of persons with a high school diploma or its equivalent as determined by
evidence of a passing score on the General Education Development Test, age
twenty-five (25) or over, except an individual enrolled in an approved teacher
education program who may be less than twenty-five (25) years old;
(f) Recruitment of
parents or other paraprofessionals assigned to the school;
(g) A detailed
outline of a minimum eighteen (18) clock hour orientation program including
emphasis on student safety, district policies, and procedures; and
(h) An outline of
the district screening process, including the required criminal record and
reference check.
(2) Upon Education
Professional Standards Board approval of the plan for the school year, the
district shall:
(a) Submit a list,
by name, Social Security number, and school, of personnel meeting the
requirements established in subsection (1) of this section;
(b) Submit a
quarterly report to the Education Professional Standards Board identifying the
number of days personnel were utilized under this plan;
(c) Submit a summary
evaluation of the program at the end of the school year for which approval was
received from the Education Professional Standards Board; and
(d)1. Utilize emergency
school personnel in a single school for which the staff member has been
approved and assigned by the district; or
2. If the staff member participated in
the district’s Emergency Noncertified School Personnel Program the previous
school year, the district may choose to utilize the staff member in more than
one (1) school in the district.
(3) A district that was
approved by the Education Professional Standards Board to operate an Emergency
Noncertified School Personnel Program the preceding year may file Form TC-EN
requesting renewal for continuation of the program. Renewal shall be contingent
upon:
(a) Demonstration of the continued need
for the program; and
(b) Successful evaluation of the previous
year’s program pursuant to reporting requirements of this administrative
regulation.
Section 4. Incorporation by Reference.
(1) Form TC-EN, May 2002, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Education Professional
Standards Board, 100 Airport Road, 3rd Floor, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m. (SBE
42.815; 1 Ky.R. 504; eff. 3-12-75; Am. 8 Ky.R. 1165; eff. 6-2-82; 11 Ky.R. 637;
980; eff. 12-11-84; 1481; eff. 5-14-85; 19 Ky.R. 1140; 1540; eff. 1-4-93; 24
Ky.R. 1140; 1507; eff. 1-12-98; 26 Ky.R. 896; 1156; eff. 12-16-99; 27 Ky.R.
1077; eff. 12-21-2000; 28 Ky.R. 2246; 2574; eff. 6-14-2002; recodified from 704
KAR 20:210, 7-2-2002.)