005.16.07 Ark. Code R. 010

Current through Register Vol. 49, No. 10, October, 2024

Rule 005.16.07-010 - ADE 270: Rules Governing Waivers for Substitute Teachers

1.00 REGULATORY AUTHORITY

1.01 These rules shall be known as the Arkansas Department of Education (ADE) Rules Governing Waivers for Substitute Teachers.

1.02 These rules are enacted pursuant to the State Board of Education's authority under Ark. Code Ann. §§ 6-11-105, 6-15-1004, 6-17-402, 25-15-201 et seq. and Acts 46 and 57 of 2007.

2.00 PURPOSE

2.01 The purposes of these rules are to improve instruction by ensuring that no class of students receives instructions from a substitute teacher(s) for more than thirty (30) consecutive school days in the same class during the year unless that teacher has a bachelor's degree awarded by an accredited college or university or has been licensed to teach by the State of Arkansas, and to establish the procedures for requesting from the State Board of Education, or its designee, a waiver for substitute teachers.

3.00 DEFINITIONS- For the purpose of these Rules, the following definitions shall apply:

3.01Department means the Arkansas Department of Education.

3.02Licensed teacher means any school district employee who is licensed by the ADE Professional Licensure Office.

3.03Substitute teacher is defined as the person who takes the place of the contracted licensed teacher on a short-term or long-term basis. Any person serving as a substitute teacher shall be a high school graduate or hold a Graduate Equivalent Degree (G.E.D.).

3.04Undue Hardship Situations means those events which would cause the school district to believe it could not attain compliance with these rules and thus apply to the Arkansas State Board of Education for a waiver.

4.00 EMPLOYMENT OF SUBSTITUTE TEACHERS

4.01 Since it is sometimes necessary to utilize the services of substitute personnel, school districts should select competent individuals who can be entrusted with the instructional responsibilities of the school. As much care should be given to the recruitment, selection and utilization of those who will be used as substitutes as is given to licensed personnel.

4.02 A person serving as a substitute teacher shall be a high school graduate or hold a Graduate Equivalent Degree (G.E.D.).

4.03 Substitute teachers assigned to the same class for more than thirty (30) consecutive days during a school year must hold a bachelor's degree awarded by an accredited college or university or be licensed to teach by the State of Arkansas.

4.03.1 The school district shall request a waiver to employ a substitute teacher(s) whenever a class of students will be receiving instructions from a substitute teacher or teachers for longer than thirty (30) consecutive days unless the substitute is fully licensed in Arkansas for areas in which the substitute is employed.

4.03.1.1 School districts shall not avoid a waiver request by terminating the services of a substitute teacher(s) prior to the thirty first (31^st) day of instruction.

4.04 A substitute teacher or teachers possessing a bachelor's degree shall continue to teach the class from at least the thirty-first (31^st) consecutive day after the regular teacher is absent from the class until the return of the regular teacher to that class.

4.05 This provision shall not apply to non-degreed vocational-technical teachers.

5.00 APPROVAL PROCEDURES AND REPORTING OF WAIVERS

5.01 Superintendents may apply for a waiver from the Arkansas State Board of Education if the requirements set fourth in Section 4.00 of these rules impose an undue hardship on a school or district.

5.02 A written application for waivers shall be submitted to the Department's Assistant Commissioner for Human Resources/Licensure, as soon as an undue hardship is determined by the superintendent. The application letter shall include:

5.02.1 A justification of need for the waiver,

5.02.2 Documentation that a currently licensed personnel and/or personnel with a bachelor's degree is not available to be employed,

5.02.3 Instructional area that will be assigned to the substitute teacher, and

5.02.4 The length of time the substitute will be employed.

5.03 Waivers for use of a substitute teacher(s) for longer than thirty (30) days may be granted for only one semester but may be renewed for a second semester. Such waivers are to be submitted immediately once the substitute(s) have been in the classroom for thirty-one (31) days.

5.04 Applications for waivers shall be reviewed by the Department and presented to the Arkansas State Board of Education for its decision.

5.05 The final decision regarding the granting of the waiver will rest with the Arkansas State Board of Education.

5.06 Any school district granted a waiver will be reported in the Department's annual school district report card.

005.16.07 Ark. Code R. 010

10/12/2007