EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Education Professional Standards Board

(Amended After Comments)

 

      16 KAR 8:040. Ranking of occupation-based career and technical education teachers.

 

      RELATES TO: KRS 156.095, 161.020, 161.028, 161.030, 161.1211

      STATUTORY AUTHORITY: KRS 161.1211

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.1211 requires the Education Professional Standards Board (EPSB) to rank teachers. KRS 161.1211 requires the EPSB to give consideration to apprenticeship training and industrial experience to occupation-based career and technical education teachers when defining rank change requirements.[to determine equivalent qualifications for the salary ranks and directs that consideration be given to the apprenticeship and industrial experience of certain vocational and career and technical teachers]. This administrative regulation defines rank change requirements for occupation-based career and technical education teachers[equivalency for Rank III, Rank II, and Rank I classifications taking into account the factors of apprenticeship and industrial experience].

 

      Section 1. (1) Equivalent ranking qualifications for occupation-based career and technical education teachers, as provided for in KRS 161.1211, shall be limited to those persons who are serving in positions identified as occupation-based career and technical education and who hold one (1) of the certificates established in 16 KAR 2:020.

      (2) Occupation-based career and technical education teachers identified in subsection (1) of this section who achieve certification as principal, supervisor, or coordinator of career and technical education may retain the same rank, or advance to a higher rank, earned on the basis of the provisions of this administrative regulation.

 

      Section 2. A Rank III Classification for an occupation-based career and technical education teacher identified in Section 1 of this administrative regulation shall require the following:

      (1) A one (1) year provisional certificate for teaching occupation-based career and technical education issued[established] in accordance with 16 KAR 2:020;

      (2)(a) High school graduation; or

      (b) The equivalent determined by evidence of an acceptable score on the general education development test administered by an approved testing center; and

      (3) Four (4) years of successful and appropriate occupational experience in the area to be taught, in accordance with 16 KAR 2:020[, Section 2(1)(b)].

 

      Section 3. A Rank II classification for an occupation-based career and technical education teacher identified in Section 1 of this administrative regulation shall require one of the following:

      (1) An occupation-based career and technical educator associate degree issued in accordance with 16 KAR 2:020.[Completion of a planned program consisting of a minimum of sixty-four (64) semester hours of approved college credit established in 16 KAR 2:020]; or

      (2) An occupation-based associate degree within the specific technical field in which certification was issued in accordance with 16 KAR 2:020.[Three (3) years of teaching experience as an occupation-based career and technical education teacher. The experience shall be further defined as follows:

      (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;

      (3) One (1) of the following certificates:

      (a) Certificate for Vocational Education - Industrial Education, Ten (10) Year Certificate;

      (b) Certificate for Vocational Education - Industrial Education, Five (5) Year Certificate;

      (c) Any high school certification with an area of concentration in vocational industrial and technical education (certification code A77) or industrial education - preparation level (certification code A96);

      (d) Certificate for Trades and Industrial Education; or

      (e) A professional certificate for teaching occupation-based career and technical education established in 16 KAR 2:020.]

 

      Section 4. A Rank I classification for an occupation-based career and technical education teacher identified in Section 1 of this administrative regulation shall require an occupation-based degree beyond an associate’s degree within the technical field in which certification was issued in accordance with[the following:

      (1) An approved bachelor's degree from a regionally accredited institution defined as follows:

      (a) A bachelor's degree in technical education, industrial education, health occupations, health science, human services occupation, public service, information technology, personal services occupation or which has been planned with a teacher education institution and is specifically related to the occupation to be taught; or

      (b) A bachelor's degree leading to a provisional high school certificate with an area of concentration identified in subsection (2)(c) (3)(c) of this section;

      (2) Six (6) years of teaching experience identified as occupation-based career and technical education teacher. The experience shall be further defined as follows:

      (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;

      (3) One (1) of the following certificates:

      (a) Certificate for Vocational Education - Industrial Education, Ten (10) Year Certificate;

      (b) Certificate for Vocational Education - Industrial Education, Five (5) Year Certificate;

      (c) Any high school certification with an area of concentration in vocational industrial and technical education (certification code A77) or industrial education - preparation level (certification code A96);

      (d) Certificate for Trades and Industrial Education; or

      (e) A professional certificate for teaching occupation-based career and technical education established in] 16 KAR 2:020 and the standards established in 16 KAR 8:020, Section 2.

 

ROB AKERS, Board Chair

      APPROVED BY AGENCY: July 6, 2017

      FILED WITH LRC: July 7, 2017 at 2 p.m.

      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 requirements for achieving a Rank I and Rank II for occupation-based career and technical education teachers.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to attract and retain occupation-based career and technical education teachers.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 161.1211 provides that the Education Professional Standards Board shall rank teachers. When determining ranks, KRS 161.1211 provides that the EPSB shall consider apprenticeship training and industrial experience.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the effective administration of KRS 161.1211 by defining rank change requirements for occupation-based career and technical education teachers.

      (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 eliminate teaching experience as a requirement for occupation-based career and technical education teachers. The EPSB shall award a Rank II based on the relevant occupational experience of the occupation-based career and technical education teacher and the attainment of an associate degree; the EPSB shall award a Rank I based on the relevant occupational experience of the occupation-based career and technical education teacher and the attainment of a bachelor degree or higher.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to attract and retain teachers of occupation-based career and technical education by allowing them to be eligible for a rank change earlier in their teaching career.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 161.1211 provides that the Education Professional Standards Board shall rank teachers. When determining ranks, KRS 161.1211 provides that the EPSB shall consider apprenticeship training and industrial experience. The EPSB will be better able to satisfy the original intent of KRS 161.1211 by eliminating teaching experience as a requirement.

      (d) How the amendment will assist in the effective administration of the statues: This amendment will ensure that the prior occupational experience and education of an occupation-based career and technical education teacher are the sole considerations when determining rank.

      (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 those entities that operate and manage Area Technology Centers, public school districts, and occupation-based career and technical education teachers.

      (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: Occupation-based career and technical education teachers (OCTE teachers) will be eligible for rank changes earlier in their careers. Once occupation-based career and technical education teachers apply to the EPSB for their rank change, those public entities that employ those occupation-based career and technical education teachers will be required to pay those teachers more.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): This amendment will result in OCTE teachers receiving a pay increase earlier in their career. By increasing the salaries of OCTE teachers, it will assist the public entities retain OCTE teachers. The impact on any public entity will depend on the number of OCTE teachers that the public entity employs.

      (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 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. This amendment may help entities recruit teacher candidates for occupation-based career and technical education.

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

      (a) Initially: The public entities that employ OCTE teachers include, but are not limited to, the KDE and public school districts. The cost of implementation of this regulation for these public entities will vary depending on the public entity, the number of OCTE teachers employed by the public entity, and the salary schedule of the public entity. The KDE administers Area Technology Centers across the Commonwealth of Kentucky. OCTE teachers make up the majority of employees in these Area Technology Centers. The KDE anticipates that this amendment will result in numerous OCTE teachers applying for a rank change. Once the OCTE teachers receive a rank change, the KDE will be required to pay these OCTE teachers at a higher rate of pay. KDE estimates that this increased rate of pay will increase its personnel costs by $150,000.00 per year. The EPSB also anticipates that this amendment will result in OCTE teachers employed by local school districts also applying for a rank change. These local school districts will also be required to pay their OCTE teachers at a higher rate of pay. The total increase in personnel cost will vary by local school district. KDE estimates that this increased rate of pay will cost an average of $3,500 per school district.

      (b) On a continuing basis: The KDE anticipates that it will cost the KDE a total of $60,000 per year after the first year in increased personnel costs. The cost from year to year, however, will depend on the total number of OCTE teachers entering the teaching field as an occupation-based career and technical education teacher. As stated above, the cost for local school districts with local Area Technology Centers will vary by district.

      (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? Tiering is applied based on level of occupation-based experience and level of education.

 

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 those entities that employ occupation-based career and technical education teachers.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 161.1211 provides that the Education Professional Standards Board shall rank teachers. When determining ranks, KRS 161.1211 provides that the EPSB shall consider apprenticeship training and industrial experience.

      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.

      (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 is no additional cost for the EPSB to administer this program.

      (d) How much will it cost to administer this program for subsequent years? There is no additional cost for the EPSB to administer this program.

      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: