(A) For the purposes of this rule, a resident educator means an individual who:
(1) Holds a valid resident educator license issued under section 3319.22 or 3319.227 of the Revised Code or an alternative resident educator license issued under section 3319.26 or 3319.261 of the Revised Code;
(2) Is employed under a license described in paragraph (A)(1) of this rule;
(3) Teaches at least two classes per school day or .25 full-time equivalent (FTE) in their area of licensure or in the area in which the teacher holds a supplemental teaching license or endorsement;
(4) Is responsible for planning and delivering standards-based prekindergarten through grade twelve curriculum to students and evaluating the students progress during the school year; and
(5) Provides instruction for a minimum of one hundred twenty days during the school year as defined in section 3319.09 of the Revised Code.
(B) Any entity that employs a resident educator, either directly or pursuant to a contract, shall be required to provide a four-year resident educator program as described in section 3319.223 of the Revised Code. The program shall provide mentoring on an ongoing basis that is both congruent with the required performance-based assessment and consistent with standards and guidelines established by the department of education.
(C) If the resident educator does not successfully complete the performance-based assessment on their initial attempt, the resident educator shall be required to retake the performance-based assessment. If the resident educator is not able to successfully complete the performance-based assessment within four years from the date their license was first issued, a one year extension of the resident educator license or alternative resident educator license may be issued to provide the resident educator additional time to successfully complete the performance based assessment subject to the total number of attempts as described in paragraph (D) of this rule. The resident educator must take the performance-based assessment under the extension.
(D) Beginning July 1, 2018, the resident educator shall be permitted no more than three total attempts to successfully complete the performance-based assessment. A resident educator who fails to successfully complete the performance-based assessment after three total attempts, subject to the exception in paragraph (E) of this rule, will be permanently ineligible to advance to a professional license in the respective area(s), or any renewal or extension of the resident educator license(s) or alternative resident educator license(s).
(E) Notwithstanding the foregoing, resident educators who have already attempted the performance-based assessment three or more times prior to July 1, 2018, may be issued a one year extension of their license to provide one final attempt to successfully complete the performance-based assessment.
(F) A resident educator shall be deemed to have successfully completed the resident educator program discussed in this rule provided the individual completes the requirements listed in this rule, including passage of the performance-based assessment within the number of attempts permitted in this rule.
(G) Notwithstanding any of the time limitations listed in this rule, a resident educator who is unable to complete the performance based assessment due to being on approved leave shall provide documentation to the department that is signed by the superintendent. For purposes of this paragraph, approved leave is defined as leave taken under 29 U.S.C. 2601-2653, the "Family Medical Leave Act of 1993," or leave taken due to approved military service.