AN ACT relating to educators.

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AN ACT relating to educators. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 161.028 is amended to read as follows: 3
(1) The Education Professional Standards Board is recognized to be a public body 4
corporate and politic and an agency and instrumentality of the Commonwealth, in 5
the performance of essential go vernmental functions. The Education Professional 6
Standards Board has the authority and responsibility to: 7
(a) Establish standards and requirements for obtaining and maintaining a teaching 8
certificate; 9
(b) 1. Set standards for, approve, and evaluate college , university, and school 10
district programs for the preparation of teachers and other professional 11
school personnel. The standards set for college or university programs 12
for the preparation of teachers and other professional school 13
personnel shall: 14
a. Require a student to have achieved a minimum composite or 15
component score on a college admission examination; 16
b. In lieu of meeting the requirements of subdivision a. of this 17
subparagraph, require an applicant for an undergraduate initial 18
certification program to complete and submit: 19
i. At the time of initial application, verification that the 20
candidate has completed a formative basic skills assessment 21
selected by the Education Professional Standards Board 22
and required by the college or university; and 23
ii. After an applicant has been admitted but prior to the first 24
day of attendance, the results of the formative basic skills 25
assessment taken in accordance with subpart i. of this 26
subdivision, which shall be used by the college or university 27
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solely as a format ive diagnostic assessment to determine 1
areas where a candidate may require academic support, 2
remediation, or supplemental instruction; and 3
c. Require program policy, for a candidate that is required to 4
complete a formative basic skills assessment selected by the 5
Education Professional Standards Board pursuant to subdivision 6
b. of this subparagraph, that: 7
i. Ensures that a candidate completes assessment prior to 8
initial application; 9
ii. Ensures that a candidate for an undergraduate initial 10
certification program submits the results of the assessment 11
prior to the first day of attendance; and 12
iii. Provides academic supports for a candidate aligned with 13
the candidate's performance on the formative basic skills 14
assessment. 15
Nothing in this subparagraph shall be in terpreted to prohibit the 16
board or an education preparation program provider from considering 17
assessment results, in combination with other relevant indicators, to 18
determine candidate readiness for in -program milestones after a 19
candidate has enrolled. 20
2. College or university programs may be approved by the board for a 21
college or university with regional institutional level accreditation or 22
national institutional level accreditation that is recognized by the United 23
States Department of Education and is eligible to receive federal funding 24
under 20 U.S.C. secs. 1061 to 1063. Program standards shall reflect 25
national standards and shall address, at a minimum, the following: 26
a.[1.] The alignment of programs with the state's core content for 27
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assessment as defined in KRS 158.6457; 1
b.[2.] Research-based classroom practices, including effective classroom 2
management techniques; 3
c.[3.] Emphasis on subject matter competency of teacher education 4
students; 5
d.[4.] Methodologies to meet diverse educational needs of all students; 6
e.[5.] The consistency and quality of classroom and field experiences, 7
including early practicums and student teaching experiences; 8
f.[6.] The amount of college -wide or university -wide involvement and 9
support during the preparation as well as the indu ction of new 10
teachers; 11
g.[7.] The diversity of faculty; 12
h.[8.] The effectiveness of partnerships with local school districts; and 13
i.[9.] The performance of graduates on various measures as determined 14
by the board; 15
(c) Conduct an annual review of diversity in teacher preparation programs; 16
(d) Provide assistance to universities and colleges in addressing diversity, which 17
may include researching successful strategies and disseminating the 18
information, encouraging the development of nontraditional avenues of 19
recruitment and providing incentives, waiving administrative regulations 20
when needed, and other assistance as deemed necessary; 21
(e) Discontinue approval of programs that do not meet standards or whose 22
graduates do not perform according to criteria set by the board; 23
(f) Issue, renew, revoke, suspend, or refuse to issue or renew; impose 24
probationary or supervisory conditions upon; issue a written reprimand or 25
admonishment; or any combination of actions regarding any certificate; 26
(g) Develop specific guidelines to follow upon receipt of an allegation of sexual 27
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misconduct by an employee certified by the Education Professional Standards 1
Board. The guidelines shall include investigation, inquiry, and hearing 2
procedures which ensure the process does not revictimize t he alleged victim 3
or cause harm if an employee is falsely accused; 4
(h) Receive, along with investigators hired by the Education Professional 5
Standards Board, training on the dynamics of sexual misconduct of 6
professionals, including the nature of this abuse of authority, characteristics of 7
the offender, the impact on the victim, the possibility and the impact of false 8
accusations, investigative procedures in sex offense cases, and effective 9
intervention with victims and offenders; 10
(i) Recommend to the Kentucky Board of Education the essential data elements 11
relating to teacher preparation and certification, teacher supply and demand, 12
teacher attrition, teacher diversity, and employment trends to be included in a 13
state comprehensive data and information system and periodically report data 14
to the appropriate Interim Joint Committee on Education; 15
(j) Submit reports to the Governor and the Legislative Research Commission and 16
inform the public on the status of teaching in Kentucky; 17
(k) Devise a credentialing system that provides alternative routes to gaining 18
certification and greater flexibility in staffing local schools while maintaining 19
standards for teacher competence; 20
(l) Develop a professional code of ethics; 21
(m) Charge reasonable fees for the issuance, reissuance, and renewal of 22
certificates that are established by administrative regulation. The proceeds 23
shall be used to meet a portion of the costs of the issuance, reissuance, and 24
renewal of certificates, and the costs associated with disc iplinary action 25
against a certificate holder under KRS 161.120; 26
(n) Waive a requirement that may be established in an administrative regulation 27
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promulgated by the board. A request for a waiver shall be submitted to the 1
board, in writing, by an applicant for certification, a postsecondary institution, 2
or a superintendent of a local school district, with appropriate justification for 3
the waiver. The board may approve the request if the person or institution 4
seeking the waiver has demonstrated extraordinary ci rcumstances justifying 5
the waiver. Any waiver granted under this subsection shall be subject to 6
revocation if the person or institution falsifies information or subsequently 7
fails to meet the intent of the waiver; 8
(o) Promote the development of one (1) or more innovative, nontraditional or 9
alternative administrator or teacher preparation programs through public or 10
private colleges or universities, private contractors, the Department of 11
Education, or the Kentucky Commonwealth Virtual University and waive 12
administrative regulations if needed in order to implement the program; 13
(p) Grant approval, if appropriate, of a university's request for an alternative 14
program that enrolls an administrator candidate in a postbaccalaureate 15
administrator preparation program c oncurrently with employment as an 16
assistant principal, principal, assistant superintendent, or superintendent in a 17
local school district. An administrator candidate in the alternative program 18
shall be granted a temporary provisional certificate and shall b e a candidate in 19
the Kentucky Principal Internship Program, notwithstanding provisions of 20
KRS 161.030, or the Superintendent's Assessment process, notwithstanding 21
provisions of KRS 156.111, as appropriate. The temporary certificate shall be 22
valid for a max imum of two (2) years, and shall be contingent upon the 23
candidate's continued enrollment in the preparation program and compliance 24
with all requirements established by the board. A professional certificate shall 25
be issued upon the candidate's successful co mpletion of the program, 26
internship requirements, and assessments as required by the board; 27
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(q) Employ consultants as needed; 1
(r) Enter into contracts. Disbursements to professional educators who receive less 2
than one thousand dollars ($1,000) in compensat ion per fiscal year from the 3
board for serving on an assessment validation panel or as a test scorer or 4
proctor shall not be subject to KRS 45A.690 to 45A.725; 5
(s) Sponsor studies, conduct research, conduct conferences, and publish 6
information as appropriate; and 7
(t) Issue orders as necessary in any administrative action before the board. 8
(2) (a) The board shall be composed of seventeen (17) members. The secretary of the 9
Education and Labor Cabinet and the president of the Council on 10
Postsecondary Education, or their designees, shall serve as ex officio voting 11
members. The Governor shall make the following fifteen (15) appointments: 12
1. Nine (9) members who shall be teachers representative of elementary, 13
middle or junior high, secondary, special education, an d secondary 14
vocational classrooms; 15
2. Two (2) members who shall be school administrators, one (1) of whom 16
shall be a school principal; 17
3. One (1) member representative of local boards of education; and 18
4. Three (3) members representative of postsecondary i nstitutions, two (2) 19
of whom shall be deans of colleges of education at public universities 20
and one (1) of whom shall be the chief academic officer or head of an 21
educator preparation program of an independent not-for-profit college or 22
university. 23
(b) The m embers appointed by the Governor shall be confirmed by the Senate 24
under KRS 11.160. If the General Assembly is not in session at the time of the 25
appointment, persons appointed shall serve prior to confirmation, but the 26
Governor shall seek the consent of th e Senate at the next regular session or at 27
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an intervening extraordinary session if the matter is included in the call of the 1
General Assembly. 2
(c) Each appointed member shall serve a three (3) year term. A vacancy on the 3
board shall be filled in the same m anner as the original appointment within 4
sixty (60) days after it occurs. A member shall continue to serve until his or 5
her successor is named. Any member who, through change of employment 6
status or residence, or for other reasons, no longer meets the crit eria for the 7
position to which he or she was appointed shall no longer be eligible to serve 8
in that position. 9
(d) Members of the board shall serve without compensation but shall be permitted 10
to attend board meetings and perform other board business without loss of 11
income or other benefits. 12
(e) A state agency or any political subdivision of the state, including a school 13
district, required to hire a substitute for a member of the board who is absent 14
from the member's place of employment while performing board business 15
shall be reimbursed by the board for the actual amount of any costs incurred. 16
(f) A chairman shall be elected by and from the membership. A member shall be 17
eligible to serve no more than three (3) one (1) year terms in succession as 18
chairman. Regular meetings shall be held at least semiannually on call of the 19
chairman. 20
(g) The commissioner of education shall serve as executive secretary to the board 21
and may designate staff to facilitate his or her duties. 22
(h) To carry out the functions relating to its duties and responsibilities, the board 23
is empowered to receive donations and grants of funds; to appoint consultants 24
as needed; and to sponsor studies, conduct conferences, and publish 25
information. 26
Section 2. KRS 161.030 is amended to read as follows: 27
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(1) Notwithstanding the age of the pupil, the certification of all teachers and other 1
school personnel, in public schools only, is vested in the Education Professional 2
Standards Board. When so certified, teachers and ot her school personnel shall not 3
be required to have licensure, certification, or other forms of approval from any 4
other state agency for the performance of their respective assignments within the 5
system of public schools, except as provided for by law. All certificates authorized 6
under KRS 161.010 to 161.126 shall be issued in accordance with the 7
administrative regulations of the Education Professional Standards Board. After 8
July 15, 1994, all certificate applications and other data collection instruments of 9
the board shall include a request for voluntary information about the applicant's 10
ethnic background. This information shall be available to help local school districts 11
locate minority candidates. A person who holds a certificate prior to this 12
requirement may request that ethnic information be added to his or her file. Nothing 13
in this section shall preclude the right of an individual in a nonpublic school from 14
seeking voluntary certification by the Education Professional Standards Board. 15
(2) Certificates shall be issued upon written application and in accordance with statutes 16
and regulations in effect at the time of application to persons who have completed, 17
at colleges, universities, or local school district programs approved by the 18
Education Professional Standards Board for the preparation of teachers and other 19
school personnel, the curricula prescribed by the administrative regulations of the 20
Education Professional Standards Board. 21
(3) (a) 1. Certification of all new teachers and teachers se eking additional 22
certification shall require the successful completion of appropriate 23
assessments prior to certification. The assessments shall be selected by 24
the Education Professional Standards Board and shall measure 25
knowledge in the specific teaching f ield of the applicant, including 26
content of the field and teaching of that content. The Education 27
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Professional Standards Board shall determine the minimum acceptable 1
level of achievement on each assessment. The assessments shall 2
measure those concepts, ide as, and facts which are being taught in 3
teacher education programs in Kentucky. Upon successful completion of 4
the assessments and the approved teacher preparation program, a 5
professional certificate valid for five (5) years shall be issued. 6
2. Beginning Ju ly 1, 2027, the assessments required for applicants in 7
each certification selected by the Education Professional Standards 8
Board shall be limited to: 9
a. The academic content area or areas in which an applicant is 10
seeking certification; and 11
b. Pedagogy or p rofessional knowledge necessary for effective 12
instruction. 13
The assessments selected shall be narrowly tailored to ensure 14
academic achievement and competency in the relevant content area 15
and instructional practice. 16
(b) If an applicant for teacher certifica tion has completed the approved teacher 17
preparation program and has taken but failed to successfully complete the 18
appropriate assessments selected by the Education Professional Standards 19
Board, a conditional certificate may be issued for a period not to ex ceed one 20
(1) year. The employing school district, in collaboration with the teacher 21
education institution, shall provide technical assistance and mentoring support 22
to the conditionally certified teacher. The teacher shall retake the assessments 23
during the validity period of the conditional certificate. The conditional 24
certificate shall not be reissued. Upon successful completion of the required 25
assessments, a professional certificate valid for five (5) years shall be issued. 26
The Education Professional Stand ards Board shall promulgate administrative 27
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regulations to establish the standards and procedures for issuance of a 1
conditional certificate. 2
(c) If an out -of-state teacher with less than two (2) years' experience comes to 3
Kentucky after the deadline for taking the assessments, a temporary certificate 4
may be issued for a period up to six (6) months. The teacher shall take the 5
assessments during the period of the temporary certificate. If the teacher fails 6
the assessments, the temporary certificate shall be va lid only for the current 7
semester. If the teacher passes the assessments, a professional certificate valid 8
for five (5) years shall be issued. 9
(4) A reasonable fee to be paid by the teacher and directly related to the actual cost of 10
the administration of t he assessments shall be established by the Education 11
Professional Standards Board. Provisions shall be made for persons having less than 12
minimum levels of performance on any assessment to repeat that assessment, and 13
candidates shall be informed of their st rengths and weaknesses in the specific 14
performance areas. The Education Professional Standards Board shall provide for 15
confidentiality of the individual assessment scores. Scores shall be available only to 16
the candidate and to the education officials who a re responsible for determining 17
whether established certification standards have been met. Scores shall be used only 18
in the assessment for certification of new teachers and of out -of-state teachers with 19
less than two (2) years of teaching experience who are seeking initial certification 20
in Kentucky. 21
(5) If an applicant establishes eligibility for a five (5) year professional certificate under 22
the provisions of subsection (3)(a) of this section, the applicant shall also be eligible 23
for the issuance of a certi ficate for substitute teaching as provided by the 24
administrative regulations of the Education Professional Standards Board. 25
(6) (a) The Education Professional Standards Board shall issue a ten (10) year 26
emeritus certificate to an applicant who has: 27
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1. Retired or will retire not more than one (1) year prior to the expiration 1
date of the certificate; 2
2. Met the requirements to receive an emeritus certificate as set forth in 3
administrative regulation promulgated by the Education Professional 4
Standards Board; and 5
3. Completed the required application unless the provisions of KRS 6
161.120 apply. 7
(b) The Education Professional Standards Board shall issue a one (1) time five (5) 8
year exception certificate to an individual: 9
1. Whose certificate has expired; 10
2. Whose rank upon expiration was Rank I or Rank II; 11
3. Who has met the requirements to receive an exception certificate as set 12
forth in administrative regulation promulgated by the Education 13
Professional Standards Board; 14
4. Who completed three (3) years of classro om instruction prior to the 15
certificate's expiration; and 16
5. Who has completed the required application unless the provisions of 17
KRS 161.120 apply. 18
(7) The Education Professional Standards Board shall approve the curricula of any 19
college or university, or of any department thereof, for the training of teachers, and 20
any nontraditional or alternative teacher preparation program offered in a public or 21
private postsecondary education institution, private contractor, or state agency, and 22
shall also approve the c urricula of any local district alternative certification 23
program, when the curricula comply with the administrative regulations of the 24
Education Professional Standards Board for the issuance of certificates and when 25
the institution has met the terms and co nditions provided in KRS 161.010 to 26
161.120. Any student who has completed any of these curricula, as approved by the 27
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Education Professional Standards Board, and who has completed the prescribed 1
requirements for the issuance of certificates shall be grante d a certificate 2
corresponding to the curricula completed. 3
(8) The issuance of any certificate, except emergency certificates issued pursuant to 4
KRS 161.100, by the Education Professional Standards Board shall not be 5
dependent upon an offer of employment. T he certification process, except for 6
emergency certificates, is independent of any job prospects and certification shall 7
be awarded on the basis of completing a teacher preparation program or an 8
alternative certification pathway and passing required assessments. 9