EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Education Professional Standards Board

(New Administrative Regulation)

 

††††† 16 KAR 4:080. Out-of-State Recency.

 

††††† RELATES TO: KRS 161.020, 161.027, 161.028, 161.030, 161.046, 161.048, 161.053

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

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.020, 161.028, and 161.030 require that educators hold a certificate of legal qualification for his or her respective position to be issued upon completion of a program of educator preparation prescribed by Kentuckyís Education Professional Standards Board; furthermore, an educator preparation provider is required to be approved for offering a preparation program corresponding to a particular certificate on the basis of standards and procedures established by the Education Professional Standards Board. KRS 161.030 establishes additional testing and internship requirements for Kentucky certification. This administrative regulation establishes the recency requirements for the issuance of an initial Kentucky certificate to an out-of-state applicant.

 

††††† Section 1. Teacher certification issued initially under the provisions of 16 KAR 2:010 or 16 KAR 2:020 shall comply with the provisions of KRS 161.030 and the requirements and procedures established in this section.

††††† (1) There shall be a recency of preparation prerequisite for the issuance of a certificate.

††††† (a) Except as provided in paragraphs (b) and (c) of this subsection, an out-of-state applicant for initial Kentucky certification shall have prepared as a teacher or completed six (6) semester hours of graduate credit within the five (5) years preceding application.

††††† (b) An out-of-state applicant for initial Kentucky certification who has completed a planned fifth-year program shall be exempt from taking the six (6) additional hours, if the applicant has completed two (2) years of successful teaching experience within the last ten (10) years.

††††† (c)1. A certificate shall be issued for a one (1) year period ending June 30 of the next calendar year if the applicant:

††††† a. Does not meet the recency of preparation requisite;

††††† b. Has not previously held a Kentucky teaching certificate;

††††† c. Otherwise qualifies for certification; and

††††† d. Agrees that six (6) semester hours of credit applicable toward the usual renewal requirement shall be completed by September 1 of the year of expiration.

††††† 2. To renew a certificate issued under subparagraph 1. of this paragraph, the applicant shall comply with the requirements for renewal established in subsection (2) of this section.

††††† (2)(a) A teaching certificate described in this section shall be issued for a duration period of five (5) years and with provisions for a subsequent five (5) year renewal, as established in 16 KAR 4:060.

††††† (b) Semester hour credit for certificate renewal shall be earned after the issuance of the certificate. Credit earned in excess of the minimum requirement for a renewal period shall accumulate and be carried forward to apply toward a subsequent renewal.

 

DAVID WHALEY, Board Chair

††††† APPROVED BY AGENCY: December 12, 2016

††††† FILED WITH LRC: December 13, 2016 at 3 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 23, 2017, at 10:00 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 was received by that date, the hearing may be cancelled. 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 January 31, 2017 at 11:59 p.m. 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, email LisaK.Lang@ky.gov, phone (502) 564-4606, fax (502) 564-7080.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Lisa K. Lang

††††† (1) Provide a brief summary of 16 KAR 4:080

††††† (a) What this administrative regulation does: This administrative regulation establishes the recency requirements for the issuance of an initial Kentucky certificate to an out-of-state applicant.

††††† (b) The necessity of this administrative regulation:

KRS 161.020, 161.027, 161.028, 161.030 and 161.048 require that educators hold a certificate of legal qualification for his or her respective position to be issued upon completion of a program of preparation, internship and appropriate assessments prescribed by the Education Professional Standards Board (EPSB); KRS 161.028(1)(f) requires that the EPSB issue certification to educators.

This administrative regulation establishes requirements for the issuance of a certificate for initial Kentucky certification to an out-of-state applicant in addition to the requirements set forth in 16 KAR 2:010 or 16 KAR 2:020 and KRS 161.030.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 161.020, 161.027, 161.028, 161.030 and 161.048 require that educators hold a certificate of legal qualification for his or her respective position to be issued upon completion of a program of preparation, internship and appropriate assessments prescribed by the EPSB; KRS 161.028(1)(f) requires that the EPSB issue certification to educators. This administrative regulation establishes recency requirement for out-of-state applicants for certification.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes the recency requirements for the issuance of a certificate to an out-of-state applicant. This regulation is applicable to all certificates issued under KRS 161.010-161.100.

††††† (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: N/A

††††† (b) The necessity of the amendment to this administrative regulation: N/A

††††† (c) How the amendment conforms to the content of the authorizing statutes: N/A

††††† (d) How the amendment will assist in the effective administration of the statues: N/A

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: N/A

††††† (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: While this is a new regulation, the language contained therein is transferred from an existing regulation so there will be no new impact on the entities identified in question (3).

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): While this is a new regulation, the language contained therein is transferred from an existing regulation so there will be no new cost on the entities identified in question (3).

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): While this is a new regulation, the language contained in this new regulation is transferred from an existing regulation so there are no new benefits accrued to the entities identified in question (3).

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

††††† (a) Initially: While this is a new regulation, the language contained therein is transferred from an existing regulation so there will be no new cost to implement this regulation.

††††† (b) On a continuing basis: While this is a new regulation, the language contained therein is transferred from an existing regulation so there is no new continuing cost to implement this regulation.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:

While this is a new regulation, the language contained therein is transferred from an existing regulation so there is no new funding needed to implement and enforcement this regulation.

††††† (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: There is no fee or funding implication so no response is required.

††††† (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 or directly or indirectly increases any fees.

††††† (9) TIERING: Is tiering applied? Tiering is not applied because it applies to educators in an equal manner.

 

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 regulation will impact the Education Professional Standards Board (EPSB) only to the extent that the EPSB will be referencing a new regulation when processing applications for Kentucky certification which have been submitted by out-of-state applicants.

††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 161.020, 161.027, 161.028, 161.030 and 161.048 require that educators hold a certificate of legal qualification for his or her respective position to be issued upon completion of a program of preparation, internship and appropriate assessments prescribed by the EPSB; KRS 161.028 requires that the EPSB issue Kentucky certification. This administrative regulation establishes recency requirements EPSB requires for the issuance of Kentucky certificates for out-of-state applicants.

††††† 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. The EPSB does not believe that this administrative regulation will have any impact on 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.

††††† (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? The EPSB does not believe this administrative regulation will generate revenue for the state or local government (including cities, counties, fire departments, or school districts) for the first year.

††††† (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? The EPSB does not believe this administrative regulation will generate revenue for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years.

††††† (c) How much will it cost to administer this program for the first year? The EPSB does not believe this administrative regulation will cost anything to administer this program for the first year.

††††† (d) How much will it cost to administer this program for subsequent years? The EPSB does not believe this administrative regulation will cost anything to administer this program in subsequent years.

††††† 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: