EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Education Professional Standards Board

(Amendment)

 

††††† 16 KAR 2:020. Occupation-based career and technical education certification.

 

††††† RELATES TO: KRS 156.095, 158.070, 158.816, 160.380, 161.020, 161.028, 161.030

††††† STATUTORY AUTHORITY: KRS 161.028, 161.030

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.020, 161.028, and 161.030 require that teachers and other professional school personnel hold certificates of legal qualifications for their respective positions to be issued upon completion of programs of preparation prescribed by the Education Professional Standards Board. This administrative regulation establishes the qualifications for teachers of occupation-based career and technical education and implements the testing and internship requirements of KRS 161.030.

 

††††† Section 1. (1) The Education Professional Standards Board (EPSB) shall issue and reissue certificates for occupation-based career and technical teachers[education established in this administrative regulation shall be issued and renewed for occupation-based career and technical education teachers] employed by the public schools, the Kentucky Community and Technical College System, or the Kentucky Department of Education Office of Career and Technical Education (KDE).

††††† (2) The EPSB may issue certificates[may be issued] for any information technology, industrial education, public service, health science, or human services occupation area for which programs may be offered under the required Kentucky Academic Standards established in 704 KAR 3:303.(3) The EPSB shall issue certificates for occupation-based career and technical teachers[education] established in this administrative regulation to[shall]:

††††† (a) Teacher [Be initially issued too teacher] candidates who are employed based upon required occupational experience in the occupation[subject] area to be taught; and

††††† (b) The EPSB shall not require a college degree for initial issuance.

 

††††† Section 2. Issuance and Renewal of One (1) Year Provisional Certificates. (1) Initial issuance. The EPSB shall issue a provisional[internship] certificate to[for teaching] occupation-based career and technical teacher candidates[education, valid for teaching only the subject or subjects stated on the face of the certificate, shall be issued to an applicant who has submitted a completed CA-3] for a duration period of one (1) year. The EPSB shall only issue the provisional certificate after the KDE and, if applicable, an accredited provider of an occupation-based educator preparation program recommends the teacher candidate for certification and the teacher candidate completes the requirements set forth in this section.[upon completion of the following requirements:]

††††† (a) For those teacher candidates who do not hold at least an associate degree in the occupation area in which the teacher candidate is seeking certification, the teacher candidate shall:[A minimum of a high school diploma or its equivalent determined by evidence of an acceptable score on the general education development test administered by an approved testing center;]

††††† 1. Demonstrate that he or she has at least a high school diploma or its equivalent;

††††† 2. Demonstrate that he or she has four (4) years of successful and appropriate occupational experience in the occupation area in which certification is sought along with:

††††† a. At least two (2) years of the occupational experience completed within the last five (5) years. A maximum of one (1) year of the required work experience may be satisfied by completion of an occupation-based educator preparation program for the occupation to be taught; and

††††† b. Proof that KDE confirmed the occupational experience;

††††† 3. Demonstrate that he or she meets the assessment requirements set forth in 16 KAR 6:020;

††††† 4. Answer "no" to the EPSBís background disclosure questions set forth in Section 4; and

††††† 5. Demonstrate that a local school district, the KDE, or the Kentucky Community and Technical College System has made an offer of employment.

††††† (b) For those teacher candidates who hold either an occupation-based degree in the occupation area in which certification is sought or a degree from an approved occupation-based educator program, the teacher candidates shall provide proof of that degree to the EPSB.[Four (4) years of successful and appropriate occupational experience in the area to be taught, with:

††††† 1. At least two (2) years of the occupational experience completed within the last five (5) years. A maximum of one (1) year of the required work experience may be satisfied by completion of an accredited occupational preparation program for the occupation to be taught; and

††††† 2. The occupational experience confirmed by the Kentucky Department of Education Office of Career and Technical Education;]

††††† (c) For those teacher candidates who answer "yes" to the EPSBís background disclosure questions set forth in Section 4, the EPSB may issue provisional certificates to those teacher candidates, but the board shall retain final authority to deny the request for a certificate if the board so chooses.[The testing provisions established in 16 KAR 6:020;

††††† (d) A national and state criminal background check performed in accordance with KRS 160.380(5) within twelve (12) months prior to the date of application; and

††††† (e) An offer of employment from a local school district, the Kentucky Department of Education, the Department of Workforce Investment, or the Kentucky Community and Technical College System.]

††††† (2) First renewal of one (1) year provisional certificates. The EPSB shall issue the first renewal of the one (1) year provisional certificate to a requesting teacher candidate only after the KDE and, if applicable, an accredited provider of an occupation-based educator preparation degree recommends the renewal of the provisional certificate and the teacher candidate meets the requirements set forth in subsection (2)(b).[shall require the successful completion of:]

††††† (a) The KDE or the accredited provider of an occupation-based educator preparation degree program shall only recommend renewal of the first provisional certificate for a teacher candidate who does not hold an occupation-based degree in the area in which certification is sought after that teacher candidate:[Kentucky Teacher Internship Program established in 16 KAR 7:010; and]

††††† 1. Completes three (3) semester hours of credit in laboratory or classroom management. The teacher candidate may meet this requirement by successfully completing professional learning through the New Teacher Institute (NTI) sponsored by the KDE;

††††† 2. Completes professional learning through the NTI;

††††† 3. Receives a recommendation by the KDE or an accredited provider of an occupation-based educator preparation program for enrollment in the Kentucky Teacher Internship Program (KTIP);

††††† (b) The teacher candidate answers "no" to the EPSBís background disclosure questions set forth in Section 4. If the teacher candidate answers "yes" to the questions set forth in Section 4, the EPSB may renew the provisional certificates for those teacher candidates, but the board shall retain final authority to deny a request for certification if the board so chooses.[Three (3) semester hours of credit in occupation-based career and technical education laboratory/classroom management. This requirement may be met by successfully completing the New Teacher Institute sponsored by the Kentucky Department of Education Office of Career and Technical Education.]

††††† (3) Subsequent renewal of one (1) year provisional certificate. The EPSB shall issue any subsequent renewal of the one (1) year provisional certificate to a requesting teacher candidate only after the KDE or the provider of an approved occupational preparation program recommends to the EPSB that the EPSB renew the one (1) year provisional certificate. The KDE or an approved occupation-based preparation program shall ensure that the teacher candidate meets the following requirements before recommending renewal[an applicant who has submitted a completed CA-3 after the successful completion of the internship shall require]:

††††† (a) The completion of a minimum of six (6) semester hours of college credit for each renewal selected from the approved degree program;[sixty-four (64) semester hour planned program for the preparation of teachers in information technology, industrial education, public service, health science, or human services occupations established in Section 4 of this administrative regulation; and]

††††† (b) Documentation of completion of four (4) days of professional development as required by KRS 156.095 and 158.070; and[.]

††††† (c) Answers "no" to the EPSBís background disclosure questions set forth in Section 4. If the teacher candidate answers "yes" to the questions set forth in Section 4, the EPSB may renew the provisional certificates for those teacher candidates, but the board shall retain final authority to deny a request for certification if the board so chooses.

††††† (4) The one (1) year provisional certificate shall be limited to five (5), one (1) year renewals for a total validity period of six (6) years which do not need to be consecutive.[Credit granted by a regionally- or nationally-accredited postsecondary institution for occupational proficiency based upon past relevant experience or credit by examination shall not be applied toward the provisional certificate renewal requirements.

††††† (5) The one (1) year provisional certificate shall be limited to nine (9), one (1) year renewals for a total validity period of ten (10) years, which do not need to be consecutive.

††††† (6) Upon completion of the sixty-four (64) hour planned program established in Section 4 of this administrative regulation, the teacher shall:

††††† (a) receive the professional certificate established in Section 3 of this administrative regulation; and

††††† (b) Adhere to the subsequent renewal requirements established in Section 3(3) of this administrative regulation.]

 

††††† Section 3. Issuance and Renewal of the Professional Certificate. (1)[Initial] Issuance. The EPSB shall issue a professional certificate pursuant to this administrative regulation[for teaching occupation-based career and technical education, valid for teaching only the subject or subjects stated on the face of the certificate, shall be issued] for a duration period of five (5) years[one (1) year] to a requesting teacher candidate only after the KDE and, if applicable, a provider of an approved occupation-based preparation program recommends that the EPSB issue the professional certificate. Neither the KDE nor the provider of the approved occupation-based preparation program shall recommend issuance of the professional certificate until the teacher candidate has met[an applicant who has submitted a completed CA-3 upon completion of] the following requirements:

††††† (a) The teacher candidate receives an occupation-based degree or an occupation-based educator preparation degree;[Compliance with Section 2(1) of this administrative regulation; and]

††††† (b) The teacher candidate completes the two (2) years professional learning through NTI sponsored by KDE; and[The completion of a planned program consisting of a minimum of sixty-four (64) semester hours of college credit established in Section 4 of this administrative regulation.]

††††† (c) The teacher candidate successfully completes KTIP.

††††† (2)[First]Renewal. The EPSB shall renew the professional certificate in accordance with 16 KAR 4:060. [(a) The first renewal shall require the successful completion of the Kentucky Teacher Internship Program established in 16 KAR 7:010.

††††† (b) Upon meeting the requirements established in paragraph (a) of this subsection, the teacher shall receive the professional certificate valid for an additional four (4) years.

††††† (c) An occupation-based career and technical education teacher who has successfully completed the Kentucky Teacher Internship Program prior to issuance of the initial professional certificate or who is not required to complete the internship program under the requirements for out-of-state teachers established in KRS 161.030(5) shall not be required to complete the internship program again while serving on the professional certificate.

††††† (3) Subsequent renewal. The professional certificate shall be renewed for subsequent five (5) year periods upon completion of:

††††† (a) Three (3) years of teaching or occupational experience in the occupational specialty; or

††††† (b) Six (6) semester hours of college credit related to the certification area.]

 

††††† Section 4. Disclosure of Background Information.[The planned program for occupation-based career and technical education teachers shall:]

††††† (1) Teachers and teacher candidates shall disclose certain background information to the EPSB whenever those teachers and teacher candidates apply for the issuance and renewal of the provisional certificate and the professional certificate by answering the following questions:[Include a minimum of sixty-four (64) semester hours of college credit with at least twenty-four (24) semester hours in academic and professional education preparation during the first four (4) years of certificate validity;]

††††† (a) Have you ever had a professional certificate, license, credential, or any document issued for practice denied, suspended, revoked, or voluntarily surrendered? If you have had a professional certificate, license, credential, or any other document issued for practice initially denied by a licensing body, but later issued, you must answer "yes."

††††† (b) Have you ever been suspended or discharged from any employment or military service because of allegations of misconduct?

††††† (c) Have you ever resigned, entered into a settlement agreement, or otherwise left employment as a result of allegations of misconduct?

††††† (d) Is any action now pending against you for alleged misconduct in any school district, court, or before any educator licensing agency?

††††† (e) Have you ever been convicted of or entered a guilty plea, an "Alford" plea, or a plea of nolo contendere (no contest) to a felony or misdemeanor, even if adjudication of the sentence was withheld in Kentucky or any other state? Minor traffic violations should not be reported. Convictions for driving while intoxicated (DWI) or driving under the influence of alcohol or other drugs (DUI) must be reported.

††††† (f) Do you have any criminal charges pending against you?

††††† (g) If you answered affirmatively to any of the questions in this section, has the EPSB previously reviewed the information?

††††† (2) The EPSB shall provide teachers and teacher candidates with the opportunity to submit a narrative to the board to consider before the board approves the request for issuance or renewal of a provisional certificate or a professional certificate. The teacher or teacher candidate may include in their narrative any dates, locations, school systems, court records, or any other information the teacher or teacher candidate would like the board to consider.[ Utilize the proficiency evaluation established in 16 KAR 5:030;

††††† (3) Be based upon the experienced teacher standards established in 16 KAR 1:010;

††††† (4) Meet the specialty program association standards established in 16 KAR 5:010; and

††††† (5) Be accredited by the Education Professional Standards Board using the applicable standards and procedures established in 16 KAR 5:010.]

 

††††† Section 5. Effective August 1, 2018, the EPSB shall not issue provisional or professional certificates to those teacher candidates who do not have at least an associate degree in the area in which the teacher candidate is seeking certification, and who have not completed the two (2) year professional learning through NTI sponsored by KDE.[Information Technology Teachers. (1) A teacher shall possess one (1) of the following credentials to instruct in the field of information technology:

††††† (a) Provisional certificate established in Section 2 of this administrative regulation;

††††† (b) Professional certificate established in Section 3 of this administrative regulation;

††††† (c) Computer information systems certificate established in 16 KAR 2:010;

††††† (d) Computer science endorsement established in 16 KAR 2:010; or

††††† (e) Instructional computer technology endorsement established in 16 KAR 2:010.

††††† (2) If a qualified teacher is not available for the position of information technology teacher, as attested to by the local school superintendent or the Associate Commissioner of the Kentucky Department of Education Office of Career and Technical Education, a one (1) year probationary certificate may be issued under the requirements established in 16 KAR 2:190.

 

††††† Section 6. Incorporation by Reference. (1) "CA-3", 3/15, 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, 8:00 a.m. to 4:30 p.m.]

 

DAVID WHALEY, Board Chair

††††† APPROVED BY AGENCY: April 12, 2017

††††† FILED WITH LRC: April 13, 2017 at 2 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 22, 2017 at 9:00 a.m., at 100 Airport Road, Third Floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays 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 cancelled. 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 until May 31, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

††††† CONTACT PERSON: Lisa K. Lang, General Counsel, 100 Airport Road, Third Floor, Frankfort, Kentucky 40601, phone (502) 564-4606, fax (502) 564-7080, email LisaK.Lang@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Lisa K. Lang

††††† (1) Provide a brief summary of

††††† (a) What this administrative regulation does: This administrative regulation establishes the qualifications for teachers of occupation-based career and technical education and implements the assessment and internship requirements of KRS 161.030.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to make applicants aware of the qualifications and procedures for occupation-based career and technical education certification.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 161.020 provides that no person shall be eligible to hold the position of a teacher for which a certificate may be issued, or receive a salary for services rendered in the position, unless he or she holds a certificate of legal qualifications for the position. KRS 161.028 provides the EPSB with the authority and responsibility to establish standards and requirements for obtaining and maintaining a teaching certificate; it also provides the EPSB with the authority and responsibility to set standards for and approve programs for the preparation of teachers. KRS 161.030 provides that the EPSB alone has the authority to certify all teachers in public schools.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation delineates the qualifications for occupation-based career and technical education and establishes the procedures by which an applicant may apply for teaching certification in certain career and technical education areas.

††††† (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 will require that all teacher candidates seeking certification in occupation-based career and technical education obtain the minimum of an associate degree. This amendment will reduce the amount of time teacher candidates seeking certification in occupation-based career and technical education may take to complete the required degree from ten years to six years. This amendment require all teacher candidates seeking certification in occupation-based career and technical education to complete the internship in their second year rather than their first year of teaching. This amendment will increase the support provided to all new teacher candidates seeking certification in occupation-based career and technical education by a professional development program sponsored by Kentucky Department of Education (New Teacher Institute) over a two year time period rather than delivering it in a two week time period. This amendment will no longer incorporate an application form by reference. This amendment will incorporate the character and fitness questions from the application into the regulation. This amendment will eliminate the specific reference to one type of certification (information technology teachers). This amendment will eliminate the requirement that all degree programs leading to certification for teacher candidates seeking certification in occupation-based career and technical education be approved by the Education Professional Standards Board using the applicable standards and procedures established in 16 KAR 5:010.

††††† (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to retain teachers of occupation-based career and technical education by improving the support they receive in the initial years of teaching. This amendment is necessary to ensure that teachers of occupation-based career and technical education are completing their degrees sooner thereby making them available to teach dual-credit courses sooner.

††††† (c) How the amendment conforms to the content of the authorizing statutes: KRS 161.020, 161.028, and 161.020 require that teachers hold legal qualifications for their respective positions to be issued upon completion of programs prescribed by the EPSB.

††††† (d) How the amendment will assist in the effective administration of the statues: This amendment provides the criteria necessary for certification of teachers of occupation-based career and technical education.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will impact the Kentucky Department of Education; it will impact 173 public school districts; it will impact at least five (5) educator preparation programs; it will impact teacher candidates seeking certification in occupation-based career and technical education areas not covered by 16 KAR 2:010; it will affect those students enrolled in 173 public school districts interested in enrolling in dual-credit courses.

††††† (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: KDE and educator preparation providers will be responsible for supporting teacher candidates as teacher candidates work to complete their programs necessary for certification in a shorter time period. Educator preparation providers will need to evaluate their programs to determine whether the programs will still be viable options for teacher candidates seeking certification in specific occupation-based career and technical areas. Kentucky school districts will need to support teacher candidates seeking certification in occupation-based career and technical education in a shorter time period.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There may be a loss of revenue of some educator preparation providers who previously provided 64 credit programs that did not result in the issuance of a degree, but did result in a teaching certification.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Teaching quality is the most important school-based factor in determining student success and we must ensure that all Kentucky teachers enter their classroom prepared to excel. These amendments reflect Kentuckyís commitment to recruit and retain quality teachers of occupation-based career and technical education that are on a path to achieving credentials necessary to teach dual credit.

††††† (5) Provide an estimate of how much it will cost to implement this administrative regulation:

††††† (a) Initially: There will be no cost to the EPSB to implement this administrative regulation.

††††† (b) On a continuing basis: There will be no cost to the EPSB to implement this administrative regulation.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Funds appropriated by the General Assembly to the Education Professional Standards Board.

††††† (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: The EPSB does not anticipate an additional fee or funding increase.

††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation does not establish any fees directly nor does it indirectly increase fees.

††††† (9) TIERING: Is tiering applied? No, tiering will not apply because all applicants for certification are required to meet the same requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† 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? This administrative regulation will impact the Education Professional Standards Board, the KDE, institutions of higher education, Kentucky public school districts, and occupation-based career and technical education teacher candidates.

††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 161.028(1)(a) requires that the EPSB establish requirements for obtaining and maintaining a teaching certificate. KRS 161.030(3)(a) states that the certification of all new teachers and teachers seeking additional certification shall require the successful completion of the appropriate assessments prior to certification.

††††† 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. There should be no 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? No revenue will be generated.

††††† (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? No revenue will be generated.

††††† (c) How much will it cost to administer this program for the first year? There will be no additional cost to administer this regulation.

††††† (d) How much will it cost to administer this program for subsequent years? There will be no additional cost to administer this regulation.

††††† 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: