Kan. Admin. Regs. § 91-31-34

Current through Register Vol. 43, No. 17, April 25, 2024

Section 91-31-34 - Governing body requirements

(a) General. Each governing body shall ensure that its education system meets the requirements of this regulation.

(b) Staff.

(1) Except as otherwise provided in this subsection, in filling positions for which a license or certificate is issued by the state board, each education system shall employ persons who hold licenses or certificates with specific endorsements for the positions held.

(2) If a teacher holding an appropriate license or certificate is not available, the education system shall use a substitute teacher holding a valid Kansas teacher or administrator license or certificate at any level or in any field or subject. An education system shall not allow any person holding a Kansas teaching license or certificate to substitute teach for more than 140 days in the same assignment.

(3) If a substitute teacher holding a valid Kansas teacher or administrator license or certificate is not available, the education system shall use a substitute teacher holding a valid Kansas substitute teaching license or certificate. An education system shall not allow a person holding a substitute teaching license or certificate to teach for more than 90 days in the same assignment.

(4) If a substitute teacher holding a valid Kansas substitute teaching license is not available, the education system shall use a person who holds a baccalaureate degree and an emergency substitute teaching license or certificate. An education system shall not allow a person who holds a baccalaureate degree and an emergency substitute teaching license or certificate to teach for more than 45 days in the same assignment.

(5)

(A) If a person holding a baccalaureate degree and an emergency substitute teaching license is not available, the education system shall use a person who has been licensed or certified by the state board as an emergency substitute teacher. An education system shall not allow any person who does not hold a baccalaureate degree to teach for more than 25 days in the same assignment or more than 75 days in a semester.

(B) If a governing body documents that there is an insufficient supply of substitute teachers, the governing body may appeal to the commissioner for authority to allow individuals holding an emergency substitute teaching license or certificate to continue to teach for an additional length of time.

(6) Each education system shall report the name of each licensed or certified staff member on the personnel report or the supplemental personnel report required by the state board. Each licensed or certified personnel staff change that occurs between September 15 and the end of the school year shall be reported on a form prescribed by the state board within 30 days after the staff change.

(c) Minimum enrollment. Each education system shall have an enrollment of 10 or more students on September 20 to remain eligible for accreditation.

(d) Credit. Each education system, through the governing body, shall have a written policy specifying that the credit of any pupil transferring from an accredited school or education system shall be accepted.

(e) Records retention. Each education system shall permanently retain each student's records relating to academic performance, attendance, and activities.

(f) Interscholastic athletics.

(1) A governing body shall not allow any student below the sixth-grade level to participate in interscholastic athletics.

(2) A governing body may allow any student at the sixth-grade level or higher to participate in interscholastic athletics.

(3) If a governing body allows students at the sixth grade level to participate in interscholastic athletics, the governing body shall comply with the guidelines for interscholastic athletics adopted by the state board.

(4) Any governing body may join the Kansas state high school activities association and participate under its rules. Each governing body that does not join that association shall comply with the guidelines for interscholastic athletics adopted by the state board.

(g) Athletic practice.

(1) Any elementary or middle school that includes any of the grades six through nine may conduct athletic practice during the school day only at times when one or more elective academic courses or a study period is offered to students.

(2) The time used for high school athletic practice that is conducted during the school day shall not count toward the statutorily required number of hours or days of instruction.

Kan. Admin. Regs. § 91-31-34

Authorized by and implementing Article 6, Section 2(a) of the Kansas Constitution; effective July 1, 2005; amended by Kansas Register Volume 40, No. 38; effective 10/8/2021.