EDUCATION PROFESSIONAL STANDARDS BOARD

(Amendment)

 

      16 KAR 4:030. Out-of-state educator preparation.

 

      RELATES TO: KRS 161.020, 161.028, 161.030, 161.124, 161.126

      STATUTORY AUTHORITY: KRS 161.020, 161.028, 161.030

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.020 and 161.030 require that a teacher and other professional school personnel hold a certificate of legal qualifications for the respective position to be issued upon completion of a program of preparation prescribed by the Education Professional Standards Board. KRS 161.028 requires the Education Professional Standards Board to establish the standards for obtaining and maintaining a teaching certificate. This administrative regulation establishes the certification provisions for applicants with out-of-state educator preparation.

 

      Section 1. Definition. "Out-of-state educator preparation provider" means an educator preparation provider located outside of the Commonwealth of Kentucky or an online educator preparation provider not subject to the licensing requirements of 13 KAR 1:020 that is not accredited by the Education Professional Standards Board.

 

      Section 2.(1) An applicant for Kentucky teacher or administrative certification whose professional preparation was completed at an out-of-state educator preparation provider[institution located outside the Commonwealth of Kentucky] shall have completed a program of preparation and the curriculum requirements approved by the responsible state education agency for teacher or administrative certification.

      (2) An applicant for Kentucky teacher or administrative certification who completes an out-of-state educator preparation program through a solely online out-of-state educator preparation provider shall have completed a program of preparation that is accredited or approved, as applicable, by the provider’s state of origin, regionally accredited, and accredited by the Council for Accreditation of Educator Preparation (CAEP) and the curriculum requirements approved by the responsible state education agency for teacher or administrative certification.

 

      Section 3.[2.] Teacher Certification. (1) An applicant for Kentucky teacher certification whose professional preparation was completed at an out-of-state educator preparation provider[institution located outside the Commonwealth of Kentucky] shall:

      (a) Possess a teacher license or certificate equivalent to the Kentucky statement of eligibility from the state, territory, or province where the applicant completed his or her preparation program;

      (b) Satisfy the degree, academic preparation, and grade point requirements established in 16 KAR 2:010;

      (c) Provide evidence that the out-of-state license or certificate was obtained by completion of an approved educator preparation program and not based on the completion of a written or verbal assessment; and

      (d) Follow the procedures for certificate application established in 16 KAR 2:010.

      (2) An applicant for Kentucky teacher certification whose professional preparation was completed at an out-of-state educator preparation provider[institution located outside the Commonwealth of Kentucky] and who meets the requirements of Section 2[1] of this administrative regulation and subsection (1) of this section shall be issued a Kentucky teaching certificate or statement of eligibility established in 16 KAR 2:010 at the grade range and content area corresponding to the out-of-state preparation.

      (3)(a) Beginning July 1, 2016, in addition to any other certification renewal requirements, an applicant for Kentucky teacher middle school, high school, Grades 5-12, and Grades P-12 teacher certification whose professional preparation was completed at an out-of-state educator preparation provider shall, within five (5) years of receiving certification, complete the following:

      1. A three (3) hour content literacy course aligned to the six (6) International Reading Association Standards 2010: Middle and High School Content Classroom Teacher and taught by faculty qualified to deliver literacy instruction; or

      2. Two (2) or more courses aligned to the six (6) International Reading Association Standards 2010: Middle and High School Content Classroom Teacher and taught by faculty qualified to deliver literacy instruction.

      (b) The course or courses submitted by an applicant for Kentucky teacher middle school, high school, Grades 5-12, and Grades P-12 teacher certification whose professional preparation was completed at an out-of state educator preparation provider shall meet the following requirements:

      1. The course or courses shall ensure that each candidate demonstrates the six (6) International Reading Association Standards 2010: Middle and High School Content Classroom Teacher;

      2. The syllabus for each course shall be aligned to the six (6) International Reading Association Standards 2010: Middle and High School Content Classroom Teacher;

      3. The assessments, including any scoring instruments, developed for each course shall be aligned to the six (6) International Reading Association Standards 2010: Middle and High School Content Classroom Teacher to demonstrate the candidate’s competency to provide classroom instruction aligned to each standard; and

      4. The faculty assigned to teach each course aligned to demonstrate the six (6) International Reading Association Standards 2010: Middle and High School Content Classroom Teacher shall be qualified to teach a course aligned to the six (6) International Reading Association Standards 2010: Middle and High School Content Classroom Teacher.

 

      Section 4.[3.] Administrative Certification. (1) An applicant for Kentucky administrative certification whose professional preparation was completed at an out-of-state educator preparation provider[institution located outside the Commonwealth of Kentucky] shall:

      (a) Possess an administrative license or certificate equivalent to the Kentucky corresponding statement of eligibility or administrative certificate from the state, territory, or province where the applicant completed his or her preparation program;

      (b) Satisfy the degree, academic preparation, and grade point requirements for the administrative certificate established in 16 KAR Chapter 3;

      (c) Provide evidence that the out-of-state license or certificate was obtained by completion of an approved educator preparation program consisting of a minimum of thirty (30) post Masters’ graduate-level hours in school administration; and

      (d) Follow the procedures for certificate application established in 16 KAR Chapter 3.

      (2) An applicant for Kentucky administrative certification whose professional preparation was completed at an out-of-state educator preparation provider[institution located outside the Commonwealth of Kentucky] and who meets the requirements of Section 2[1] of this administrative regulation and subsection (1) of this section shall be issued a Kentucky administrative certificate or statement of eligibility established in 16 KAR Chapter 3 corresponding to the out-of-state preparation.

      (3) An applicant for Kentucky principal certification who was admitted to a principal preparation program located outside the Commonwealth of Kentucky prior to January 1, 2012 and who completes the program prior to January 31, 2014 shall be exempt from subsection (1)(c) of this section.

 

      Section 5.[4.] (1) An out-of-state applicant shall be subject to the testing and internship requirements of KRS Chapter 161 and implementing administrative regulations of the Education Professional Standard Board in KAR Title 16.

      (2) An out-of-state applicant shall be subject to the certificate issuance, recency, reissuance, renewal, and rank change provisions of KRS Chapter 161 and KAR Title 16.

 

      Section 6. Incorporation by Reference. (1) "The Standards for Reading Professionals – Revised 2010", 2010, 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, 8:00 a.m. to 4:30 p.m.

 

CASSANDRA WEBB, Chairperson

      APPROVED BY AGENCY: June 8, 2015

      FILED WITH LRC: June 15, 2015 at 9 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 31, 2015 at 9:00 a.m. at the offices of the Education Professional Standards Board, 100 Airport Road, 3rd Floor, Conference Room A, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. 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 the end of the calendar day (11:59 p.m.) on July 31, 2015. 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: Jimmy Adams, Acting Executive Director, Education Professional Standards Board, 100 Airport Road, Third Floor, Frankfort, Kentucky 40601, phone (502) 564-4606, fax (502) 564-7080.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Jimmy Adams

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the certification provisions for applicants with out-of-state preparation.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to provide notice to out of state applicants for educator certification on the Kentucky requirements for certification.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 161.020 and 161.030 require that a teacher and other professional school personnel hold a certificate of legal qualifications for the respective position to be issued upon completion of a program of preparation prescribed by the Education Professional Standards Board. KRS 161.028 requires the Education Professional Standards Board to establish the standards for obtaining and maintaining a teaching certificate.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation states the requirements for applicants who were prepared out of state or who are certified by another state to get a Kentucky teacher or administrative certificate.

      (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 specifically defines what is an out-of-state preparation provider and establishes the minimum accreditation requirements from the state of origin for an out-of-state preparation provider. Additionally, the regulation establishes the requirement that an applicant from an out-of-state preparation provider take a content literacy course within five (5) years of initial certification in Kentucky beginning July 1, 2016.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to clearly delineate what out-of-state educator preparation provider degrees will be accepted for Kentucky certification. Additionally, applicants for Kentucky certification from out-of-state preparation need to be aware that they may need to take additional courses in content literacy prior to renewal of their Kentucky teaching certifications.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 161.020 and 161.030 require that a teacher and other professional school personnel hold a certificate of legal qualifications for the respective position to be issued upon completion of a program of preparation prescribed by the Education Professional Standards Board. KRS 161.028 requires the Education Professional Standards Board to establish the standards for obtaining and maintaining a teaching certificate.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment clarifies the regulation by adding a definition for an out-of-state educator preparation provider. This amendment also includes language currently found in 16 KAR 5:010 regarding solely online out-of-state educator preparation providers in order to ensure that an applicant prepared by a provider not accredited by the Education Professional Standards Board will have notice of what providers are accepted in Kentucky. This amendment also ensures that an out-of-state prepared applicant will have the same training in content literacy as applicants prepared in Kentucky. Kentucky prepared teachers will be required to take a content literacy course pursuant to 16 KAR 5:060.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: 173 Kentucky school districts, twenty-eight (28) educator preparation programs, and educators seeking new teacher and administrative certification.

      (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: School districts and educator preparation institutions will not have to take any measures to comply with this amendment. Applicants from out-of-state preparation providers will need to refer to the regulation to ensure their preparation will be sufficient for Kentucky certification.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There should not be any additional cost to the entities impacted by the regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The educator preparation programs and applicants will be positively affected by the clarifications to the regulation. The districts will be positively affected by a supply of teachers who are competent in their content area.

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

      (a) Initially: None

      (b) On a continuing basis: None

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

      (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 established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees, or directly or indirectly increase fees.

      (9) TIERING: Is tiering applied? No, tiering does not apply since all candidates for each certificate will be held to the same standard.

 

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? The Education Professional Standards Board, 173 school districts, eight (8) public universities with educator preparation programs.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 161.028, KRS 161.030

      (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 on expenditures or revenues.

      (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? This is not a revenue generating regulation.

      (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? This is not a revenue generating regulation.

      (c) How much will it cost to administer this program for the first year? There may be a minimal cost to the Education Professional Standards Board to update its website and ensure that applicants have notice of the new requirements.

      (d) How much will it cost to administer this program for subsequent years? No additional costs.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):      None

      Expenditures (+/-):      None

      Other Explanation:      This regulatory amendment establishes the requirements for Kentucky certification. It does not have any fiscal impact.