4 Alaska Admin. Code § 12.401

Current through September 25, 2024
Section 4 AAC 12.401 - Emergency certificate
(a) The commissioner may issue a temporary emergency certificate to a person if, in the judgment of the commissioner, a situation requires the issuance of a temporary emergency certificate to a person who is not otherwise qualified, including a situation other than one identified in (b) of this section meeting the requirements of (b) of this section. The commissioner may determine that issuance of ajr emergency certificate to a person who is not otherwise qualified.
(b) The commissioner may issue a temporary emergency certificate to a person based on a school district's inability to locate a qualified applicant for a position if
(1) the school board applies to the commissioner for the issuance of a temporary emergency certificate under AS 14.20.020(b) for a person the district seeks to hire in a position for which an initial teaching certificate or an administrative certificate (Type B) is required;
(2) the school board presents facts in its application showing
(A) the district's inability despite due diligence to fill a position with a qualified person holding the required certificate;
(B) the harm to the education program in which the position is located caused by the inability of the district to fill the position;
(C) the harm to students in the district due to the inability of the district to fill the position;
(D) all efforts made by the district to locate a qualified applicant for the position, including the dates and venues of all advertising for the position;
(E) any additional facts that support the district's application regarding its difficulty in filling the position that requires an initial teaching certificate or administrative certificate (Type B) and the consequences to the district of failing to locate a qualified applicant;
(F) the district's commitment to provide a mentor for a person employed under an emergency certificate; the application must include the name and qualifications of the mentor and a description of the mentoring services to be provided; for a person to be employed under temporary emergency initial teaching certificate, the mentor shall be an experienced teacher; for a person to be employed under temporary emergency administrative certificate, the mentor shall be an experienced administrator.
(c) A temporary emergency certificate issued under (b) of this section is valid only to the end of the school year in which it is issued.
(d) A person employed in a public school of the state as a special education teacher or related service provider is not eligible under 20 U.S.C. 1412(a)(14) (Individuals with Disabilities Education Act) for a temporary emergency certificate.
(e) The commissioner may not issue a temporary emergency certificate under (b) of this section to a person who has
(1) not received at least an associate degree from an institution of higher education accredited by a recognized regional or national accrediting association or approved by the commissioner;
(2) been convicted of a crime involving a minor under AS 14.20.020(f);
(3) not submitted fingerprints to the department under AS 14.20.020(j); or
(4) not completed the training required by AS 14.20.020(k).
(f) A temporary emergency certificate may not be renewed.

4 AAC 12.401

Eff. 12/25/2020, Register 236, January 2021; am 10/26/2022, Register 244, January 2023