2013 Kentucky Revised Statutes CHAPTER 161 - SCHOOL EMPLOYEES -- TEACHERS' RETIREMENT AND TENURE 161.028 Education Professional Standards Board -- Powers and duties regarding the preparation and certification of professional school personnel -- Membership.
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161.028 Education Professional Standards Board -- Powers and duties
regarding the preparation and certification of professional school
personnel -- Membership.
(1)
The Education Professional Standards Board is recognized to be a public body
corporate and politic and an agency and instrumentality of the Commonwealth,
in the performance of essential governmental functions. The Education
Professional Standards Board has the authority and responsibility to:
(a) Establish standards and requirements for obtaining and maintaining a
teaching certificate;
(b) Set standards for, approve, and evaluate college, university, and school
district programs for the preparation of teachers and other professional
school personnel. Program standards shall reflect national standards and
shall address, at a minimum, the following:
1.
The alignment of programs with the state's core content for
assessment as defined in KRS 158.6457;
2.
Research-based classroom practices, including effective classroom
management techniques;
3.
Emphasis on subject matter competency of teacher education
students;
4.
Methodologies to meet diverse educational needs of all students;
5.
The consistency and quality of classroom and field experiences,
including early practicums and student teaching experiences;
6.
The amount of college-wide or university-wide involvement and
support during the preparation as well as the induction of new
teachers;
7.
The diversity of faculty;
8.
The effectiveness of partnerships with local school districts; and
9.
The performance of graduates on various measures as determined
by the board;
(c) Conduct an annual review of diversity in teacher preparation programs;
(d) Provide assistance to universities and colleges in addressing diversity,
which may include researching successful strategies and disseminating
the information, encouraging the development of nontraditional avenues
of recruitment and providing incentives, waiving administrative regulations
when needed, and other assistance as deemed necessary;
(e) Discontinue approval of programs that do not meet standards or whose
graduates do not perform according to criteria set by the board;
(f) Issue, renew, revoke, suspend, or refuse to issue or renew; impose
probationary or supervisory conditions upon; issue a written reprimand or
admonishment; or any combination of actions regarding any certificate;
(g) Develop specific guidelines to follow upon receipt of an allegation of
sexual misconduct by an employee certified by the Education
Professional Standards Board. The guidelines shall include investigation,
inquiry, and hearing procedures which ensure the process does not
revictimize the alleged victim or cause harm if an employee is falsely
accused;
(h) Receive, along with investigators hired by the Education Professional
Standards Board, training on the dynamics of sexual misconduct of
professionals, including the nature of this abuse of authority,
characteristics of the offender, the impact on the victim, the possibility and
the impact of false accusations, investigative procedures in sex offense
cases, and effective intervention with victims and offenders;
(i) Recommend to the Kentucky Board of Education the essential data
elements relating to teacher preparation and certification, teacher supply
and demand, teacher attrition, teacher diversity, and employment trends
to be included in a state comprehensive data and information system and
periodically report data to the Interim Joint Committee on Education;
(j) Submit reports to the Governor and the Legislative Research
Commission and inform the public on the status of teaching in Kentucky;
(k) Devise a credentialing system that provides alternative routes to gaining
certification and greater flexibility in staffing local schools while
maintaining standards for teacher competence;
(l) Develop a professional code of ethics;
(m) Set the qualifications and salary for the positions of executive director and
deputy executive director to the board, notwithstanding the provisions of
KRS 64.640;
(n) Recruit, select, employ and evaluate the executive director to the board;
(o) Approve employment procedures for the employment of policy level staff,
subject to the provisions of KRS 12.050;
(p) Approve the biennial budget request;
(q) Charge reasonable fees for the issuance, reissuance, and renewal of
certificates that are established by administrative regulation. The
proceeds shall be used to meet a portion of the costs of the issuance,
reissuance, and renewal of certificates, and the costs associated with
disciplinary action against a certificate holder under KRS 161.120;
(r) Waive a requirement that may be established in an administrative
regulation promulgated by the board. A request for a waiver shall be
submitted to the board, in writing, by an applicant for certification, a
postsecondary institution, or a superintendent of a local school district,
with appropriate justification for the waiver. The board may approve the
request if the person or institution seeking the waiver has demonstrated
extraordinary circumstances justifying the waiver. Any waiver granted
under this subsection shall be subject to revocation if the person or
institution falsifies information or subsequently fails to meet the intent of
the waiver;
(s) Promote the development of one (1) or more innovative, nontraditional or
alternative administrator or teacher preparation programs through public
or private colleges or universities, private contractors, the Department of
Education, or the Kentucky Commonwealth Virtual University and waive
administrative regulations if needed in order to implement the program;
(t)
(2)
Grant approval, if appropriate, of a university's request for an alternative
program that enrolls an administrator candidate in a postbaccalaureate
administrator preparation program concurrently with employment as an
assistant principal, principal, assistant superintendent, or superintendent
in a local school district. An administrator candidate in the alternative
program shall be granted a temporary provisional certificate and shall be
a candidate in the Kentucky Principal Internship Program, notwithstanding
provisions of KRS 161.030, or the Superintendent's Assessment process,
notwithstanding provisions of KRS 156.111, as appropriate. The
temporary certificate shall be valid for a maximum of two (2) years, and
shall be contingent upon the candidate's continued enrollment in the
preparation program and compliance with all requirements established by
the board. A professional certificate shall be issued upon the candidate's
successful completion of the program, internship requirements, and
assessments as required by the board;
(u) Employ consultants as needed;
(v) Enter into contracts. Disbursements to professional educators who
receive less than one thousand dollars ($1,000) in compensation per
fiscal year from the board for serving on an assessment validation panel
or as a test scorer or proctor shall not be subject to KRS 45A.690 to
45A.725;
(w) Sponsor studies, conduct research, conduct conferences, and publish
information as appropriate; and
(x) Issue orders as necessary in any administrative action before the board.
(a) The board shall be composed of seventeen (17) members. The
commissioner of education and the president of the Council on
Postsecondary Education, or their designees, shall serve as ex officio
voting members. The Governor shall make the following fifteen (15)
appointments:
1.
Nine (9) members who shall be teachers representative of
elementary, middle or junior high, secondary, special education, and
secondary vocational classrooms;
2.
Two (2) members who shall be school administrators, one (1) of
whom shall be a school principal;
3.
One (1) member representative of local boards of education; and
4.
Three (3) members representative of postsecondary institutions, two
(2) of whom shall be deans of colleges of education at public
universities and one (1) of whom shall be the chief academic officer
of an independent not-for-profit college or university.
(b) The members appointed by the Governor after June 21, 2001, shall be
confirmed by the Senate and the House of Representatives under KRS
11.160. If the General Assembly is not in session at the time of the
appointment, persons appointed shall serve prior to confirmation, but the
Governor shall seek the consent of the General Assembly at the next
regular session or at an intervening extraordinary session if the matter is
included in the call of the General Assembly.
(c)
(d)
(e)
(f)
(g)
A vacancy on the board shall be filled in the same manner as the original
appointment within sixty (60) days after it occurs. A member shall
continue to serve until his successor is named. Any member who, through
change of employment status or residence, or for other reasons, no
longer meets the criteria for the position to which he was appointed shall
no longer be eligible to serve in that position.
Members of the board shall serve without compensation but shall be
permitted to attend board meetings and perform other board business
without loss of income or other benefits.
A state agency or any political subdivision of the state, including a school
district, required to hire a substitute for a member of the board who is
absent from the member's place of employment while performing board
business shall be reimbursed by the board for the actual amount of any
costs incurred.
A chairman shall be elected by and from the membership. A member
shall be eligible to serve no more than three (3) one (1) year terms in
succession as chairman. The executive director shall keep records of
proceedings. Regular meetings shall be held at least semiannually on call
of the chairman.
To carry out the functions relating to its duties and responsibilities, the
board is empowered to receive donations and grants of funds; to appoint
consultants as needed; and to sponsor studies, conduct conferences, and
publish information.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 117, sec. 2, effective July 13, 2004. -Amended 2002 Ky. Acts ch. 288, sec. 3, effective July 15, 2002. -- Amended
2001 Ky. Acts ch. 137, sec. 7, effective June 21, 2001. -- Amended 2000 Ky.
Acts ch. 527, sec. 15, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 362, sec. 3, effective July 15, 1998. -- Amended 1997 (1st Extra. Sess.) Ky.
Acts ch. 1, sec. 66, effective May 30, 1997. -- Amended 1996 Ky. Acts ch. 107,
sec. 1, effective July 15, 1996; and ch. 343, sec. 4, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 265, sec. 1, effective July 15, 1994; and ch. 470,
sec. 1, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 476, Pt. II, sec. 56,
effective July 13, 1990.
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