16 KAR 2:030. Substitute teachers and emergency school personnel

Link to law: http://www.lrc.ky.gov/kar/016/002/030.htm
Published: 2015

      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.)
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