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.)