EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Education Professional Standards Board

(Amendment)

 

      16 KAR 6:020. Assessment requirements[Written examination prerequisites] for occupation-based career and technical education teachers.

 

      RELATES TO: KRS 158.816, 161.020, 161.028, 161.030

      STATUTORY AUTHORITY: KRS 158.816, 161.028, 161.030

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.030(3)(a) requires that all new teachers, including out-of-state teachers with less than two (2) years' experience, successfully complete appropriate assessments[written tests] prior to initial certification in Kentucky and serve a one (1) year internship. This administrative regulation establishes the assessments[tests] and passing scores for occupation-based career and technical education teachers certified under 16 KAR 2:020.

 

      Section 1. (1) All new information technology, industrial education, health science, human service, and public service teacher applicants, and other applicants for occupation-based career and technical education teacher certificates both with and without a teacher preparation degree, and out-of-state applicants for occupation-based career and technical education certification with less than two (2) years of teaching experience shall successfully complete the appropriate assessments[written tests] prior to initial Kentucky certification.

      (2) Each applicant who has not completed[without] an educator preparation program or does not currently hold a specialized associates degree within the specific technical field of certification, verified by official transcript,[degree] shall successfully complete[either] the following assessments[Pre-Professional Skills Test (PPST) or the COMPASS Test] for communication skills and general knowledge:

      (a) ACT:

      1. Reading – score of twenty (20) or higher;

      2. Mathematics – score of nineteen (19) or higher; and

      3. English (Writing) – score of eighteen (18) or higher; or

      (b) SAT:

      1. Reading – score of 470 or higher on Evidence-Based Reading and Writing;

      2. Mathematics – score of 460 or higher; and

      3. English (Writing) – score of 430 or higher on Evidence-Based Reading and Writing; or

      (c) Kentucky On-Line Testing (KYOTE):

      1. Reading – score of twenty (20) or higher;

      2. Mathematics – score of twenty-two (22) or higher on College Readiness Mathematics or score of fourteen (14) or higher on College Algebra; and

      3. English (Writing) – score of six (6) or higher; or

      (d) General Education Readiness (GED):

      1. Reading – score of 165 or higher on Reasoning Through the Language Arts;

      2. Mathematics – score of 165 or higher on Mathematical Reasoning; and

      3. English (Writing) - score of 165 or higher on Reasoning Through the Language Arts.

      (3) All applicants shall demonstrate subject matter competency via passage of the specialty assessment[test] in the occupational area for which certification is to be granted or completion of the appropriate state or national industry licensure, or certification[, or registration as established in this administrative regulation].

      (4) The assessments[certificates, examinations, or prerequisites] shall be divided into the following three (3) categories:

      (a) Industrial education and information technology:

      1. National Occupational Competency Testing Institute's (NOCTI) Teacher Occupational Competency Test (TOCT) if one (1) corresponding to the teaching specialty is available;

      2. Kentucky Department of Education[or Kentucky Department of Workforce Investment] developed or identified assessment corresponding to the teaching specialty;

      3. Appropriate state or national industry licensure or[,] certification[, or registration]; or

      4. Minimum postsecondary educational attainment in a related area of study;

      (b) Health science and human services:[.]

      1. The appropriate state or national industry licensure or[,] certification[, or registration]; or

      2. Minimum postsecondary program[education attainment] in a related area of study; or

      (c) Public-service;[.] the appropriate state or national industry licensure or[,] certification[, or registration].

 

      Section 2. The Education Professional Standards Board (EPSB) shall require the specialty assessments[tests] and passing scores[or other examination prerequisites identified in this section] for new applicants[each new teacher applicant] and educators[each teacher] seeking an additional certificate under 16 KAR 2:020.

      (1) Specialty assessment scores for new applicants and educators seeking an additional certificate under 16 KAR 2:020 shall be determined by the EPSB in consultation with the Kentucky Department of Education.

      (2) The EPSB shall specify the specialty assessments and passing scores for new applicants and educators seeking an additional certificate via order of the EPSB. The order shall be posted on the Web site for the EPSB[Preprofessional Skills Test:

      (a) Reading - 167;

      (b) Mathematics - 166; and

      (c) Writing - 167;

      (2) In lieu of the Preprofessional Skills Tests identified in subsection (1) of this section, a new teacher applicant may meet the testing requirement by obtaining the following COMPASS Test scores:

      (a) Reading - 78;

      (b)1. Prealgebra - 48; or

      2. Algebra - any reported score; and

      (c) Writing - 68.

      (3) Specialty area tests or other examination prerequisites for industrial education certification:

      (a) Auto body technology and collision repair and refinish:

      1. NOCTI Collision Repair/Refinishing Technology Test - 61; or

      2. Automotive Service Excellence (ASE) certification;

      (b) Automotive technology:

      1. NOCTI Automotive Technology Test - 63; or

      2. Automotive Service Excellence (ASE) certification;

      (c) Aviation flight technician. Federal Aviation Administration certified commercial license with instructor endorsement;

      (d) Aviation maintenance technician. Federal Aviation Administration certified airframe and power plant;

      (e) Building and apartment maintenance. NOCTI Building Trades Maintenance - 52;

      (f) Construction Carpentry. NOCTI Carpentry - 58;

      (g) Computer Aided Drafting and Drafting technology. NOCTI Technical Drafting - 62;

      (h) Diesel technology:

      1. NOCTI Diesel Mechanics - 62; or

      2. Automotive Service Excellence (ASE) certification;

      (i) Digital media. No test identified;

      (j) Electrical technology. NOCTI Electrical Technology Construction - 45;

      (k) Engineering technology. Bachelor’s degree in engineering or engineering technology;

      (l) Environmental technology. No test identified;

      (m) HVAC and Air conditioning technology. No test identified;

      (n) Heavy equipment. Commonwealth of Kentucky license for equipment taught;

      (o) Industrial chemical technology. Bachelor’s degree in chemistry or related sciences;

      (p) Industrial electronics technology. No test identified;

      (q) Industrial maintenance technology. NOCTI Industrial Maintenance Mechanic - 44;

      (r) Interior finishing and design. No test identified;

      (s) Machine tool technology. NOCTI Precision Machining - 50;

      (t) Major appliance technology. No test identified;

      (u) Manufacturing. NOCTI Industrial Maintenance Mechanic - 44;

      (v) Marine technology. No test identified;

      (w) Masonry - No test identified;

      (x) Metal fabrication. No test identified;

      (y) Multimedia technology:

      1. Macromedia Certified Professional; or

      2. Adobe Certified Expert;

      (z) Plastics technology. No test identified;

      (aa) Plumbing technology. NOCTI Plumbing - 55;

      (bb) Printing technology. No test identified;

      (cc) Small engine and motorcycle repair technology:

      1. NOCTI Small engine technology - 71; or

      2. Equipment and Engine Training Council (EETC) Outdoor Power Equipment Certification;

      (dd) Visual communication art.

      1. NOCTI Advertising and Design - 69; or

      2. Adobe-certified expert in Photoshop or Illustrator;

      (ee) Welding:

      1. NOCTI Welding - 53; or

      2. American Welding Society (AWS) Certified Welder; or

      (ff) Wood manufacturing technology. No test identified;

      (4) Specialty area tests or other examination prerequisites for health science and human service:

      (a) Allied health sciences. Active licensure, certification, or registration by a state or nationally-recognized accrediting agency as a professional health care practitioner following completion of a minimum of an associate degree or technical diploma preparation program;

      (b) Barbering. A license for teacher of barbering issued by the Kentucky Board of Barbering;

      (c) Biomedical sciences. Baccalaureate or higher degree in biomedical or health science area;

      (d) Culinary arts. In the field of culinary arts, an individual shall provide proof of one (1) of the following prerequisites:

      1. NOCTI Commercial Foods - 55; or

      2. American Culinary Federation Professional Certification;

      (e) Cosmetology. A license for instructor of cosmetology issued by the Kentucky Board of Hairdressers and Cosmetologists;

      (f) Health science. An active Registered Nurse License in Kentucky and meet applicable accrediting body state and federal requirements; or

      (g) Practical nursing. An active Registered Nurse License in Kentucky and baccalaureate or higher degree in nursing;

      (5) Specialty area tests or other examination prerequisites for public service:

      (a) EMS training. First Responder Instructor Certification and EMT Instructor Certification by the Kentucky Board of Emergency Medical Services;

      (b) Fire and rescue training. State Fire Commission Instructor Certification;

      (c) Law Enforcement. Certification as a police officer or police instructor from the Kentucky Law Enforcement Council; or

      (6) Specialty area tests for information technology:

      (a) Computing Technology Industry Association (CompTIA):

      1. A+ Certification;

      2. Security+ Certification; or

      3. Network+ Certification;

      (b) Cisco Certified Network Associate (CCNA);

      (c) Microsoft Certified Professional (MCP);

      (d) Novell Certified Administrator (CAN); or

      (e) NOCTI Computer Technology Test - 63].

 

      Section 3. An[A teacher] applicant in any occupation-based career and technical education program for which no appropriate specialty assessment[test] is yet available shall not be required to take a specialty assessment[test], except for research and validation purposes. After a new program has been piloted and fully implemented, an assessment[a test] shall be developed or identified and only new applicants[and a new teacher applicant] shall be required to pass the new [a designated] specialty assessment[test].

 

      Section 4. (1) An applicant for initial certification may take the assessments[written tests] on any of the dates established by the Kentucky Department of Education or other appropriate entity[Workforce Investment, with the tests to be administered on a regular basis].

      (2)[Public announcement of testing dates and locations shall be issued sufficiently in advance of testing dates to permit advance registration as required by the Kentucky Department of Workforce Investment.

      (3) An applicant shall seek information regarding the dates and location of the tests and make application to the Kentucky Department of Workforce Investment for the appropriate tests prior to the deadlines established and sufficiently in advance of anticipated employment.

      (4)] Applicants shall authorize assessment[test] results to be forwarded to the Education Professional Standards Board (EPSB).

 

      Section 5. Applicants shall pay an examination fee directly to the appropriate entity[testing agency] for the required assessments [tests. The testing agency shall publish the examination fee with the publication of testing dates].

 

      Section 6. An applicant who fails to achieve at least the minimum score on any of the appropriate assessments[examinations] may retake the assessment or assessments[test or tests during one (1) of the scheduled test administrations. All retakes shall meet the regularly scheduled testing dates]. Initial certification shall not be granted until acceptable scores are achieved in each of the required areas.

 

      Section 7. Assessment Recency. (1) An applicant for initial or additional[Kentucky teacher] certification under 16 KAR 2:020 shall comply with the assessment recency requirements established in this section.

      (2) An assessment[A test] established in this administrative regulation shall be valid for five (5) years from the[test] administration date.

      (3) A passing score on an assessment[a test] established in this administrative regulation and completed on or after January 1, 2002 shall be valid for five (5) years from the[test] administration date.

      (4)(a) An applicant[A teacher] shall complete application for certification to the EPSB[Education Professional Standards Board] within the five (5) year validity period of the assessment[test] and the passing score.

      (b) An applicant[A teacher] who fails to complete application for certification to the EPSB [Education Professional Standard Board] within the five (5) year validity period of the assessment[test] and the passing score shall retake the appropriate assessment or assessments[test or tests] and achieve the appropriate passing score or scores required for certification at the time of application. [(5) The test administration date shall be established by the National Occupational Competency Testing Institute or other authorized test administrator.]

 

      Section 8. The EPSB[Education Professional Standards Board] in conjunction with the Kentucky Department of Education and the Kentucky Center for Education and Workforce Statistics[Department of Workforce Investment] shall collect data and conduct analyses of[the impact of] these assessments to determine whether the assessment scores are appropriate and to evaluate the adequacy of educator preparation program[tests as to permit a review of this administrative regulation on a regular basis].

 

DAVID WHALEY, Board Chair

      APPROVED BY AGENCY: February 13, 2017

      FILED WITH LRC: February 14, 2017 at 10 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 21, 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 was received by that date, the hearing may be cancelled. This 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 March 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 assessment requirements for occupation-based career and technical education teachers certified under 16 KAR 6:020.

      (b) The necessity of this administrative regulation: KRS 161.028(1)(a) requires that the Education Professional Standards Board (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. KRS 158.816(3)(a) requires that the Kentucky Department of Education coordinate the development of a statewide technical assistance plan relating to technical education to aid providers of programs identify areas where improvement is needed. That plan must include analysis of the adequacy of teacher preparation.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 161.028(1)(a) authorizes the EPSB to establish standards and requirements for obtaining and maintaining a teaching certificate. KRS 161.030(3) and (4) require the EPSB to select and determine the appropriate level of achievement for assessments required prior to teacher certification. KRS 158.816 requires that the Kentucky Department of Education (KDE) consult with the Education Professional Standards Board as it relates to teacher preparation.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes assessment requirements for occupation-based career and technical education teachers certified under 16 KAR 6:020.

      (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 removes from the regulation those assessments that were designed to assess communication skills and general knowledge, but have been discontinued (the Pre-Professional Skills Test (PPST) and the COMPASS Test). This amendment replaces those discontinued assessments with four different assessments new teachers and teachers seeking additional certification may choose to take to demonstrate communication skills and general knowledge. These assessments have been aligned to those assessments required by the Kentucky Community and Technical College System. This amendment aligns the language of this regulation with the language contained in KRS 161.028 and 161.030, by substituting "test" with "assessment". This amendment no longer specifically identifies every specialty assessment in the occupational area for which teacher certification is requested. These specialty assessments are the same assessments that must be taken and passed to receive appropriate state or national industry licensure, or certification. The occupational area determines the appropriate assessments to be taken. Neither the KDE nor the EPSB have any control or input over specialty assessments in occupational areas that result in state or national industry licensure, or certification. The EPSB in conjunction with the KDE makes information relating to these assessments available to new teachers and teachers seeking teaching certification an additional certification area. Given the fast pace of ever-changing industry, it is more efficient for the EPSB and the KDE to periodically review and update as necessary the specialty assessments and the corresponding scores necessary for teacher certification. This amendment makes clear that the EPSB will work in conjunction with the KDE and the Kentucky Center for Education and Workforce Statistics to gather data necessary to evaluate the adequacy of educator preparation programs.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to replace and/or discontinue assessments designed to ensure new teachers possess the communication skills and general knowledge necessary to teach technical programs and to provide the EPSB and the KDE with greater flexibility to review, revise, and update specialty assessments of occupational areas that require state or national industry licensure.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment establishes assessment requirements and minimal acceptable achievement scores for those assessments required of teachers of technical programs as required by KRS 161.028(1)(a) and 161.030(3)(a).

      (d) How the amendment will assist in the effective administration of the statues: This amendment clarifies the assessments required for teacher certification for technical programs and their corresponding minimal acceptable achievement scores for certification.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect candidates for Kentucky certification; the KDE because the KDE submits Kentucky certification recommendations on behalf of candidates for provisional teaching certificates for technical programs; institutions of higher education that offer educator preparation programs for technical programs; and the 173 Kentucky public school districts who hire teachers to teach technical programs.

      (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: Candidates for teacher certification must ensure that they have taken and successfully passed the appropriate assessment for certification. The KDE will assist the EPSB with the notification of candidates for certification interested in teaching technical programs. Institutions of higher education will need to review their curriculum to implement changes, if necessary. Public school districts will not have to take any action.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no additional cost associated with this amendment. The cost associated with any new assessments is the same as the cost associated with the previous assessments.

      (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 Kentucky’s commitment to ensure that only qualified individuals are issued a teaching certificate, thus enabling them to provide instruction to Kentucky’s children. All teacher candidates must successfully demonstrate essential knowledge via comprehensive assessments which help measure skills and content knowledge. Educator preparation programs must ensure their curriculum prepares teachers for the specific teaching field of the applicant, including content of the field and teaching of that content. The assessments measure those concepts, ideas, and facts which are being taught in teacher education programs in Kentucky.

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

      (a) Initially: N/A

      (b) On a continuing basis: N/A

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Assessment fees are provided to the test administrator by the certification candidates.

      (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: These assessments are not administered by the EPSB therefore no fee or funding increase will be necessary.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: No fees have been increased. This is a cost to the certification candidate and is paid to the assessment administration agent.

      (9) TIERING: Is tiering applied? Tiering is not applicable to the requirements of this regulation. All candidates for certification are required to take the specified assessment which measures content knowledge in the specific teaching field of the applicant. The EPSB does not administer these assessments nor does the EPSB set the rates for these assessments.

 

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, and Kentucky public school districts.

      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? Currently, the EPSB spends approximately $25,000.00 per year to manage assessments.

      (d) How much will it cost to administer this program for subsequent years? The administrative costs associated with this program are estimated to remain constant at approximately $25,000.00 per year.

      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: