EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Education Professional Standards Board

(New Administrative Regulation)

 

      16 KAR 4:090. Reissuance.

 

      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 Kentucky’s Education Professional Standards Board (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 board. KRS 161.030 establishes additional testing and internship requirements for Kentucky certification. This administrative regulation establishes the reissuance requirements for a Kentucky certification that has lapsed.

 

      Section 1. (1)(a) If a certificate has lapsed as a result of the applicant's failure to meet the renewal requirements, the certificate shall be reissued at a later date for a one (1) year period if the applicant completes at least six (6) semester hours of graduate credit applicable toward the planned fifth-year program.

      (b) The applicant shall complete an additional nine (9) semester hours of credit applicable toward the planned fifth-year program by September 1 of the year of expiration to qualify for extending the certificate for the remaining four (4) years of the first five (5) year renewal period.

      (c) At the end of the renewal period established in paragraph (b) of this subsection, the applicant shall have completed a planned fifth-year program that meets the requirements of 16 KAR 8:020 to qualify for the next five (5) year renewal. After the renewal period established in this paragraph, the regular renewal schedule of three (3) years of successful teaching experience with evidence of continuing growth documented in a portfolio as required by 16 KAR 4:060 or six (6) semester hours of additional graduate credit each five (5) year period shall apply.

      (2) An applicant who has already completed the planned fifth-year program and whose certificate lapses shall have the certificate reissued after completing another six (6) semester hours of graduate credit. The certificate shall be issued for a five (5) year period and subject to the renewal schedule of three (3) years of successful teaching experience or completion by September 1 of the year of expiration of at least six (6) semester hours of additional credit for each five (5) year period.

      (3) Successful teaching experience shall be in a position directly corresponding to the type of certificate for which the application is being made and employment shall be at least on a half-time basis.

      (a) A full year of experience shall include at least 140 days of employment performed within the academic year; and

      (b) A half year of experience shall include at least seventy (70) days of employment performed within an academic semester.

 

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 4:090

      (a) What this administrative regulation does: This administrative regulation establishes requirements for the reissuance of a Kentucky certificate that has lapsed.

      (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 and reissue certification to educators. This administrative regulation establishes requirements for the reissuance of a Kentucky certificate that has lapsed.

      (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 and reissue certification to educators. This administrative regulation establishes reissuance requirements for a certificate that has lapsed.

      (d) How this administrative regulation currently assists or will assist in the effective

      administration of the statutes: This administrative regulation establishes the requirements for the reissuance of a certificate that has lapsed. 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: This amendment will impact those certificate holders who have allowed their certification to lapse.

      (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: There should be no new impact on the regulated entities identified in question (3) because the language in this new regulation has been taken out of 16 KAR 4:040 and inserted in this new regulation.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There should be no new cost on the regulated entities identified in question (3) because the language in this new regulation has been taken out of 16 KAR 4:040 and inserted in this new regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): There should be no new benefit that will accrue to the benefit of the regulated entities identified in question (3) because the language in this new regulation has been taken out of 16 KAR 4:040 and inserted in this new regulation.

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

      (a) Initially: There should be no new initial cost to implement this regulation because the language in this new regulation has been taken out of 16 KAR 4:040 and inserted in this new regulation.

      (b) On a continuing basis: There should be no new cost to implement this regulation on a continuing basis because the language in this new regulation has been taken out of 16 KAR 4:040 and inserted in this new regulation.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There is no new funding needed so no response is required.

      (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: No increase in fees or funding will be necessary to implement this administrative regulation.

      (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 administrative regulation will impact the Education Professional Standards Board (EPSB) only to the extent that the EPSB will be referencing a new regulation when reissuing applications that have lapsed.

      (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 reissue Kentucky certification. This administrative regulation establishes requirements for reissuance when a certification has lapsed.

      (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 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 new revenues 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 new revenues 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: