005.28.22 Ark. Code R. 023

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

Rule 005.28.22-023 - For Emergency Promulgation: DESE Rules governing educator licensure, sections 1-2.0,4-5.0,4-6.0 and 4-8.0

The proposed amendments would serve a limited, but critical, purpose. They will allow the Division of Elementary and Secondary Education to issue a provisional license for up to three years to an applicant enrolled in an alternative educator preparation program who has not yet passed the state-mandated assessment for the content area in which the applicant seeks to teach. In lieu of having passed the assessment, however, the applicant must either hold a bachelor's degree in the content area in which the applicant seeks to teach, have earned 18 hours of college credits in the content area in which the applicant seeks to teach, or have documented successful, relevant work experience in the content area in which the applicant seeks to teach. This would enable qualified applicants to teach for up to three years while working toward meeting all requirements of obtaining a standard license. This framework is permitted by Ark. Code Ann. § 6-17-409(d), which provides that the State Board may require passage of the content-area assessment for a provisional license but does not make it mandatory.

The State of Arkansas currently is suffering from a severe teacher shortage, which creates an imminent peril to the welfare of the State and its public school students. Consequently, the Division seeks to promulgate these amendments as emergency rules pursuant to Ark. Code Ann. § 25-15-204(c). The Division also will simultaneously promulgate the amendments through the permanent rulemaking process.

DIVISION OF ELEMNTARY AND SECONDARY EDUCATION RULES GOVERNING EDUCATOR LICENSURE

1-2.0DEFINITIONS

For the purposes of these Rules:

1-2.01"Accredited College or University" means an institution of higher education that is regionally or nationally accredited by an accrediting organization recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.

1-2.02"Accredited School Psychology program" means a program of study for school psychology that is offered by an accredited college or university, and the program is:

1-2.02.1 Nationally accredited in school psychology by the Commission on Accreditation of the American Psychological Association; or

1-2.02.2 Approved by the National Association of School Psychologists (NASP) or

1-2.02.3 Nationally accredited by an accrediting organization recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.

1-2.03"Accredited Speech-Language Pathology Program" means a speech-language pathology program that is offered by an accredited college or university, and the program is:

1-2.03.1 Nationally accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association; or

1-2.03.2 Nationally accredited by an accrediting organization recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.

1-2.04"Accredited Approved Educator Preparation Program" means an educator preparation program that is:

1-2.04.1 Accredited by an accrediting organization recognized by the U.S. Department of Education or the Council for Higher Education Accreditation; and

1-2.04.2 Approved by the licensing authority of a state government.

1-2.05"Additional Licensure Plan (ALP)" means a plan approved by the Office of Educator Licensure that allows an individual holding a Standard License or Provisional License (by reciprocity only) to accept employment or assignment in an out-of-area position, prior to completion of the requirements for the required endorsement, licensure content area, or level of licensure, for no more than six (6) consecutive semesters.

1-2.06"Administrator License" means an endorsement to a standard five (5)-year renewable license, issued by the State Board, which allows the license holder to serve as an administrator in an educational entity.

1-2.07 "Administrator Licensure Completion Plan (ALCP)" means a plan approved by the Office of Educator Licensure that allows an individual holding a Standard License to accept employment as an administrator, prior to completion of the requirements for an Administrator License, for no more than six (6) consecutive semesters.

1.2.08"Alternate Assessment Plan (AAP)" means a plan submitted by a building or district level administrator approved by the Office of Educator Licensure on behalf of an applicant for a standard license in a first time licensure area (See Appendix A) who has not demonstrated competency in their subject matter content with a passing score on a State Board approved content area assessment.

1-2.09"Alternative Educator Preparation Program" means a program of study approved by the Division for candidates who have a bachelor's degree and are preparing for licensure as teachers and leaders in public schools in this state.

1-2.10"Ancillary License" means a five (5)-year renewable license, issued by the State Board, that does not require prior classroom teaching experience, and which allows the license holder to practice in Arkansas public schools in a licensure area identified on Appendix A, excluding an administrator's endorsement.

1-2.11"Approved Professional Development" means the continuing learning experiences for educators that meet the standards and focus areas under the Division's Rules Governing Professional Development.

1-2.12"Approved Program for Educator Preparation" means an educator preparation program that is approved by the Division of Elementary and Secondary Education to prepare candidates for a license issued by the State Board of Education.

1-2.13 "Arkansas IDEAS" means Internet Delivered Education for Arkansas Schools, a partnership between the Division and the Arkansas Educational Television Network (AETN) to provide through the AETN access to high-quality, online professional development for Arkansas licensed educators.

1-2.14 "Arkansas Professional Educator Preparation Program (ArPEP)" means the alternative educator preparation program administered by the Division, whose participants hold a minimum of a baccalaureate degree and are allowed to teach with a Provisional License. The program requirements consist of two (2) years of teaching and instructional modules, which must be completed within three (3) years.

1-2.15"Building-Level Administrator" means a principal, assistant principal, or vice principal in an educational entity.

1-2.16"Candidate" means an individual who has been admitted into an educator licensure program.

1-2.17"Charter School" includes an open-enrollment public charter school, conversion public charter school, or other type of public charter school authorized under Arkansas law.

1-2.18Clinical experiences" means the activities for candidates in educator preparation programs that allow early and ongoing practice opportunities to apply content and pedagogical knowledge, such as observations, tutoring, assisting teachers and administrators, and practicums.

1-2.19"Clinical Internship" means a culminating clinical practice experience that can be of varying duration but no less than 15 weeks. The clinical internship takes place in an authentic educational setting where teacher candidates engage in the pedagogical work of the profession of teaching, closely integrated with educator preparation instruction and supported by a formal school-educator preparation partnership. Placements must reflect the subject area and grade level of the license being sought.

1-2.20"Core Academic Subject Areas" means the following areas approved by the State Board:

Elementary Education (K-6);

English Language Arts;

Mathematics;

Science;

Social Studies;

Art;

Music; and

Foreign Language

1-2.21"District-Level Administrator" means a superintendent, assistant/associate superintendent, or deputy superintendent.

1-2.22"Division" means the Arkansas Department of Education Division of Elementary and Secondary Education.

1.2.23 "Division recognized external micro-credential" means a single or a stacked micro-credential that meets the following criteria:

1-2.23.1 Is developed by a state, regional, or national educational organization;

1-2.23.2 Is based on peer-reviewed education research;

1-2.23.3 Utilizes national standards or competencies;

1-2.23.4 Contains rigorous requirements for research, performance (including submission of artifacts), and self-reflection.

1-2.24"Educational Entity" means a public school district, a charter school, an education service cooperative, or other public entity that is assigned a local education agency number by the Division.

1-2.25"Educator" means any individual holding a license issued by the State Board, specifically including, without limitation, teachers, administrators, library media specialists, and counselors.

1-2.25.1 "Educator" also includes a nonlicensed person employed under the educational entity's waiver of licensure.

1-2.26"Educator preparation program" means a planned sequence of academic courses and experiences leading to a recommendation for licensure by the State Board.

1-2.27"Educator Preparation Program Completer" means a person who has completed all coursework/modules and program requirements of a state approved program of study.

1-2.28"Effective Leader" has the meaning given that term in the state's plan adopted under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95.

1-2.29"Effective Teacher" has the meaning given that term in the state's plan adopted under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95.

1-2.30"Endorsement" means any licensure area or licensure level that may be added only to an existing Standard License.

1-2.31"Exception area endorsement" means an endorsement that is not available by testing out.

1-2.32"Good Standing" means, for the purpose of reciprocity, that:

1-2.32.1 There are no ethics proceedings or proceedings on criminal offenses for which the license would be subject to sanctions in Arkansas pending against a licensee;

1-2.32.2 The licensee has not been sanctioned for an ethics violation or criminal offense for which the license would be subject to sanction in Arkansas during the three (3) most recent years of teaching experience, if any; and

1-2.32.3 The license has not been revoked by or is not currently under suspension in the licensing state or country based on an offense for which the license would be subject to sanction in Arkansas.

1-2.33"Level of Licensure" or "Licensure Level" means the grade/age level parameter of the educator license as identified in Appendix A, Areas and Levels of Licensure.

1-2.34"Licensure Content Area" means a particular content field as recognized by the State Board. Licensure content areas are listed in Appendix A, Areas and Levels of Licensure.

1-2.35"Licensed teaching experience" means teaching in a K-12 public or private school while holding a standard or provisional teaching license, or the equivalent if the applicant is seeking licensure reciprocity. Teaching experience under a licensure exception does not count as licensed teaching experience;

1-2.36 "Licensure exception" is an exception (formerly a 'waiver') from the legal requirement that a position at an educational entity must be filled by a person holding the appropriate license issued by the State Board. Licensure exceptions approved by the State Board are identified in Chapter 7 of these rules.

1-2.37"Micro-credential" means a form of certification earned through demonstrating competency/mastery in a specific skill or set of skills.

1-2.38 "Out-of-Area Position" means a licensed position requiring a particular license, endorsement, licensure content area, or level of licensure that the employee filling the position does not currently hold.

1-2.39 "Passing Score" for a state-mandated assessment for licensure means the cut score on the assessment approved by the State Board.

1-2.39.1 A passing score on a licensure assessment approved by the State Board before the currently approved version of an assessment will be accepted for five (5) years after the date the State Board discontinued or replaced the assessment provided the passing score was achieved before the date the assessment was discontinued or replaced.

1-2.40"Preservice Teacher" means an unlicensed person who is enrolled as a student in an educator preparation program approved by the Division.

1-2.41 "Primary partnership" means a partnership that meets all the requirements of a state-recognized partnership while also requiring established and explicit processes for identifying and responding to educational entities areas of need (e.g., ESL or Special Education teachers); collaborative development of candidate selection criteria; collaborative design of high-quality, need-based clinical experiences; and collaborative implementation of high-quality clinical experiences with engagement of both partners throughout the partnership.

1-2.42"Private Credential Evaluation Agency" means an independent agency approved by the Division that:

1-2.42.1 Is located in the United States; and

1-2.42.2 Provides an educational background assessment that:

1-2.42.2.1 Contains a course-by-course evaluation of the applicant's transcript;

1-2.42.2.2 Indicates the applicant's major area of study and documents the candidate's cumulative grade point average;

1-2.42.2.3 Documents whether the applicant's out-of-country degree is equivalent to one that would have been completed at an accredited college or university in the United States;

1-2.42.2.4 Documents whether the out-of-country professional preparation program is equivalent to one that would have been completed at an approved educator preparation program or accredited speech-language pathology or school psychology program;

1-2.42.2.5 Indicates the areas of licensure represented by the out-of-country license; and

1-2.42.2.6 Documents which areas of licensure on the out-of-country license are equivalent to the areas of licensure approved by the State Board.

1-2.43"Professional Development" means a coordinated set of planned, learning development activities for teachers that are based on research, are standards-based and that meet the focus areas for professional development required by the Division.

1.2.44"Program Administrator" means a school leader who is responsible for program development and administration, and who may be responsible for employment evaluation decisions, in content areas approved by the State Board

1-2.45"Program of Study" means a curriculum that requires a candidate to demonstrate and document competency in the specific knowledge, skills, and dispositions for a particular endorsement to an educator's license, a licensure content area, or level of licensure, and is:

1-2.45.1 Provided by one (1) or more accredited colleges or universities, or an alternative educator preparation program;

1-2.45.2 Aligned with Arkansas Teaching Standards and the appropriate content knowledge and pedagogical competencies for the respective licensure areas; and

1-2.45.3 Approved by the Division.

1-2.46"Provisional License" means a temporary license issued by the State Board that allows the license holder to teach or work in Arkansas schools.

1-2.47"Reciprocity" means the recognition of a teaching license from another state or country based on these Rules or the terms of the National Association of State Directors of Teacher Education and Certification (NASDTEC) Interstate Agreement for Educator Licensure.

1-2.48"Secondary Partnership" means a partnership that meets all the requirements of a state-recognized partnership with educational entities or accredited private schools with which they do not have a primary partnership, but where enrolled candidates are placed for clinical experiences.

1-2.49 "Semester" means the fall or spring of an academic year. If an educational entity uses a different method of academic year scheduling (such as a twelvemonth academic year), the Division and the educational entity will identify a semester equivalent.

1-2.50"SPED 101 Academy" means a three (3) credit hour course developed by institutions of higher education based on competencies developed in collaboration with the Division Educator Preparation Unit, Special Education Unit, and public school districts, public charter schools, and education service cooperatives.

1-2.51"Stacked micro-credential" means a series of micro-credentials, each of which builds upon a previous micro-credential in the series;

1-2.52"Standard License" means a five-year renewable license, issued by the State Board, where a recipient has demonstrated content knowledge and understanding of pedagogical practice required to perform professional education services for the licensure content area and licensure level specified on the license.

1-2.53"Standard License Equivalent" means a current, unrestricted, non-probationary, non-provisional teaching license that allows an individual to work as a teacher, administrator, counselor, or library media specialist in another state's public schools and is in good standing with the licensing state.

1-2.54"State Board" means the Division of Elementary and Secondary State Board of Education.

1-2.55 "State-Recognized Partnership" means a partnership that establishes the roles and responsibilities of educator preparation faculty educational entities or accredited private schools, including clinical educators and supervisors, and establishes clear expectations regarding the delivery of candidate support and evaluation.

1-2.56"Successful completion of background checks" means that the individual cleared both the state and federal criminal history checks and cleared the Child Maltreatment Central Registry check as provided under the DESE Rules Governing Background Checks.

1-2.57"Teacher of Record" means an individual (or individuals in co-teaching assignments) who has been assigned the lead responsibility for a student's learning in a subject/course with aligned performance measures.

4-5.0APPLICATION FOR A PROVISIONAL LICENSE - ALTERNATIVE EDUCATOR PREPARATION PROGRAM APPLICANTS

4-5.01 The Division shall issue a Provisional License for up to three (3) years to an applicant who is enrolled in an alternative educator preparation program that is approved by the Division upon submission of the following:

4-5.01.1 A completed application form for the Provisional License, verified by the educator preparation program;

4-5.01.2 Official transcript(s) documenting an awarded four-year college bachelor's degree or higher from an institution of higher education that is regionally or nationally accredited by an accrediting organization recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.

4-5.01.2.1 For out-of-country candidates, an official college transcript evaluation from a private credential evaluation agency recognized by the Division;

4-5.01.3 An official score report evidencing passing scores on the state- required assessment for the licensure content area in which the applicant seeks to teach; or

4-5.01.3.1 If an applicant did not receive a passing score, an official score report evidencing the score received, in addition to evidence that the applicant has obtained:

4-5.01.3.1.1 A degree in the content area in which the applicant seeks to teach; or

4-5.01.3.1.2 Eighteen (18) college credit hours in the content area in which the applicant seeks to teach; or

4-5.01.3.1.3 Documented successful, relevant work experience in the content area in which the applicant seeks to teach.

4-5.01.3.2 An applicant may also be eligible for the Alternate Assessment Plan as referenced in section 4-2.01.3.2.

4-5.01.4 An offer of employment in a position as a teacher of record at an educational entity or approved accredited private school in Arkansas teaching a minimum of three (3) hours per day in the appropriate licensure area(s);

4-5.01.5 Documentation of the completion of the following professional development through the ArkansasIDEAS Portal:

4-5.01.5.1 Family and Community Engagement;

4-5.01.5.2 Child maltreatment training;

4-5.01.5.3 Teen suicide awareness and prevention;

4-5.01.5.4 Bullying prevention;

4-5.01.5.5 Human trafficking awareness; and

4-5.01.5.6 Code of Ethics.

4-5.01.6 Documentation of the successful completion of professional educator ethics training that meets the guidelines established by the Professional Licensure Standards Board.

4-5.01.6.1 The Division may deny a provisional license to an applicant who has been determined to have an ethics violation under the Division's Rules Governing the Code of Ethics for Arkansas Educators.

4-5.01.7 Before a candidate may enter a public school classroom, evidence that the applicant successfully completed the background checks required under the Division's Rules Governing Background Checks.

4-5.01.8 An applicant enrolled in a master's degree in teaching program (MAT, M.Ed., or MTLL) in Special Education shall document successful completion of the following before a Provisional License may be issued:

4-5.01.8.1 SPED 101 Academy or course aligned to the SPED 101 educator competencies;

4-5.01.8.2 Three (3) credit hours in special education; and

4-5.01.8.3 The appropriate content area assessments for special education.

4-5.02 A Provisional License under this Section 4-5.0 is issued to a participant in one (1) licensure content area based upon the areas and levels of teaching assignment has been approved by the State Board, except as follows:

4-5.02.1 A Middle Childhood (4-8) participant may license in one (1) or more of the four (4) middle childhood licensure content areas of math, science, social studies, and language arts, and may have one (1) or more endorsements at (K-12) or (4-8).

4-5.02.2 A Secondary (7-12) participant must successfully complete one (1) secondary licensure content area and may have one (1) endorsement; (7-12), (K-12), or (4-12) level.

4-5.02.3 A participant must have a teaching assignment in each licensure content area of the Provisional License;

4-5.03 The Division may extend the Provisional License for one (1) additional year for extenuating circumstances, as approved by the State Board, but in no event shall a Provisional License be issued for more than three (3) years.

4-5.04 The Provisional License may be converted to a Standard License upon completion of the remaining requirements for a Standard License.

4-5.04.1 An applicant who has completed the American Board for Certification of Teacher Excellence (ABCTE) program shall provide a recommendation for a Standard License from the applicant's superintendent.

4-6.0APPLICATION FOR A PROVISIONAL LICENSE -PROFESSIONAL PROVISIONAL TEACHING LICENSE (PPTL) PATHWAY APPLICANTS

4-6.01 The Division shall issue a Provisional License for three (3) years to an applicant who is seeking licensure through the Professional Provisional Teaching License pathway upon submission of the following:

4-6.01.1 A completed application form for the Provisional License;

4-6.01.2 Official transcript(s) documenting an awarded four-year college bachelor's degree or higher from an institution of higher education that is regionally or nationally accredited by an accrediting organization recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.

4-6.01.2.1 For out-of-country candidates, an official college transcript evaluation from a private credential evaluation agency recognized by the Division.

4-6.01.3 An official score report evidencing passing scores on the state-required assessment for the licensure content area in which the applicant seeks to teach; or

4-6.01.3.1 If an applicant did not receive a passing score, an official score report evidencing the score received, in addition to evidence that the applicant has obtained:

4-6.01.3.1.1 A degree in the content area in which the applicant seeks to teach; or

4-6.01.3.1.2 Eighteen (18) college credit hours in the content area in which the applicant seeks to teach; or

4-6.01.3.1.3 Documented successful, relevant work experience in the content area in which the applicant seeks to teach.

4-6.01.3.2 An applicant may also be eligible for the Alternate Assessment Plan as referenced in section 4-2.01.3.2.

4-6.01.4 Evidence that the applicant has successfully completed background checks required under the Division's Rules Governing Background Checks;

4-6.01.5 Documentation of the completion of the following professional development through the ArkansasIDEAS Portal:

4-6.01.5.1 Family and Community Engagement;

4-6.01.5.2 Child maltreatment training;

4-6.01.5.3 Teen Suicide awareness and prevention

4-6.01.5.4 Bullying prevention;

4-6.01.5.5 Human trafficking awareness and

4-6.01.5.6 Code of Ethics.

4-6.01.6 Verification of a minimum of three (3) years of working experience in the licensure content area of the class to be taught;

4-6.01.7 Verification of an offer of employment to teach classes in an Arkansas educational entity in any first-time license content area for a standard license, as identified on Appendix A, except for Special Education, Elementary Education (K-6), and Guidance and Counseling;

4-6.01.8 One (1) letter of justification from the applicant expressing the relevance of the applicant's credentials to teach the subject in question; and

4-6.01.9 Two (2) professional letters of recommendation submitted by references to the Division.

4-6.02 The Provisional License will be issued for each licensure content area the applicant is assigned to teach, as verified by the applicant's superintendent.

4-6.03 The applicant shall complete twelve (12) hours each year of the Provisional License of training in pedagogy through ArkansasIDEAS as determined by the Division.

4-6.04.1 The hours of training in pedagogy are in addition to and not considered a part of the annual professional development requirement.

4-6.05 The Provisional License may be converted to a Standard License upon completion of the requirements for a Standard License and with a recommendation from the superintendent of the employing school district.

4-8.0APPLICATION FOR A PROVISIONAL LICENSE - ARKANSAS PROFESSIONAL EDUCATOR PREPARATION (ArPEP) APPLICANTS

4-8.01 The Division shall issue a Provisional License for up to three (3) years to an applicant who is seeking licensure through the Arkansas Professional Pathway to Educator Licensure (ArPEP) program upon submission of the following:

4-8.01.1 A completed application form for the Provisional License, verified by the ArPEP program;

4-8.01.2 Official transcript(s) documenting an awarded four-year college bachelor's degree or higher from an institution of higher education that is regionally or nationally accredited by an accrediting organization recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.

4-8.01.2.1 For out-of-country candidates, an official college transcript evaluation from a private credential evaluation agency recognized by the Division;

4-8.01.3 An official score report evidencing passing scores on the state-required assessment for the licensure content area in which the applicant seeks to teach; or

4-8.01.3.1 If an applicant did not receive a passing score, an official score report evidencing the score received, in addition to evidence that the applicant has obtained:

4-8.01.3.1.1 A degree in the content area in which the applicant seeks to teach; or

4-8.01.3.1.2 Eighteen (18) college credit hours in the content area in which the applicant seeks to teach; or

4-8.01.3.1.3 Documented successful, relevant work experience in the content area in which the applicant seeks to teach.

4-8.01.3.2 An applicant may also be eligible for the Alternate Assessment Plan as referenced in section 4-2.01.3.2.

4-8.01.4 Evidence that the applicant has successfully completed the required background checks under the Division's Rules Governing Background Checks;

4-8.01.5 Verification of an offer of employment to teach classes in an Arkansas educational entity, or accredited private school, in a licensure content area identified by the ArPEP program; and

4-8.01.6 Documentation of the completion of the following professional development through the ArkansasIDEAS Portal:

4-8.01.6.1 Family and Community Engagement;

4-8.01.6.2 Child maltreatment training;

4-8.01.6.3 Teen suicide awareness and prevention;

4-8.01.6.4 Bullying prevention;

4-8.01.6.5 Human trafficking awareness: and

4-8.01.6.6 Code of Ethics.

4-8.02 An applicant enrolled in the ArPEP program shall adhere to and abide by all the policies and procedures as outlined in the published ArPEP Program Handbook for the year of admission.

4-8.03 The Division may rescind the Provisional License for the licensee's failure to abide by ArPEP policies and procedures or for the failure to meet any of the requirements for the Provisional License.

4-8.04 The Division may refuse to admit for enrollment in the ArPEP program a person who has been dismissed from an educator preparation program at an institution of higher education.

Emergency Clause

Whereas, the State of Arkansas currently is suffering from a severe teacher shortage; and

Whereas, the emergency promulgation of Sections 1-2.0, 4-5.0, 4-6.0, and 4-8.0 of the Division of Elementary and Secondary Education Rules Governing Educator Licensure would increase equitable access to effective teachers to Arkansas students, thus enhancing learning opportunities, by enabling qualified applicants who are enrolled in an alternative educator preparation program but who have not yet passed the state-mandated assessment to obtain a provisional teaching license for up to three years.

THEREFORE, the State Board of Education hereby determines pursuant to Ark. Code Ann. § 25-15-204 that immediate peril to the welfare of the State and its public school students will result without emergency promulgation of Sections 1-2.0, 4-5.0, 4-6.0, and 4-8.0 of these Rules.

005.28.22 Ark. Code R. 023

Adopted by Arkansas Register Volume 47 Number 08, Effective 8/22/2022