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AN ACT relating to education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 165A.370 is amended to read as follows: 3
(1) No proprietary school located or doing business in this state shall be issued a 4
license under these provisions until the commission has determined that the 5
proprietary school is maintained, operated, or, in the event of a new proprietary 6
school, that the school, after a physical inspection of the premises, can be 7
reasonably maintained and operated, in substantial compliance with the following 8
minimum standards: 9
(a) That the instructional quality and content of each course or program of 10
instruction or study shall be adequate to provide reasonable education and 11
training to each enrolled student, and that the quality and content shall be 12
consistent with the public interest; 13
(b) That the proprietary school has adequate space, equipment, instructional 14
materials, and instructor personnel to provide the authorized training and 15
preparation of the quality specified in paragraph (a) of this subsection; 16
(c) That the educational and experience qualifications of directors, administrators, 17
supervisors, and instructors are satisfactory in terms of the quality of 18
instruction specified in paragraph (a) of this subsection; 19
(d) That the administrators shall hold a baccalaureate degree from an accredited 20
college or university, or demonstrate the appropriate training or experience 21
related to the responsibilities of the position as determined by the 22
commission; 23
(e) That the instructors shall hold a baccalaureate degree from an accredited 24
college or university in the area of teaching responsibility, or demonstrate 25
appropriate training or experience related to the responsibilities of the position 26
as determined by the commission; 27 UNOFFICIAL COPY 24 RS BR 836
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(f) That a copy of the course outline and a schedule of all tuition, fees, tuition 1
refund schedules, program completion rates, and program placement rates of 2
the school's graduates for the preceding twelve (12) months be furnished each 3
student applicant prior to enrollment; 4
(g) That, as defined by commission regulation, a diploma, associate degree, 5
certificate, or other appellation shall be awarded to the student upon 6
satisfactory completion of training by the proprietary school which indicates 7
that the course or courses of instruction or study had been satisfactorily 8
completed; 9
(h) That adequate records shall be maintained on all personnel and available for 10
inspection and shall include the following materials: 11
1. Current personnel forms; 12
2. Teacher evaluations; 13
3. Inventory of equipment and instructional material; and 14
4. Faculty transcripts; 15
(i) That separate files shall be maintained on each student and be available for 16
inspection, and shall include copies of the following materials: 17
1. Student's application for admission; 18
2. Enrollment agreement; 19
3. Academic record; 20
4. Attendance record; 21
5. Financial payment record; and 22
6. Placement record; 23
(j) That the proprietary school shall be maintained and operated in compliance 24
with all local, city, and county ordinances and state law, including rules and 25
regulations adopted pursuant thereto, relative to the safety and health of all 26
persons upon the premises; 27 UNOFFICIAL COPY 24 RS BR 836
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(k) That the proprietary school is financially sound and reasonably capable of 1
fulfilling commitments to students for training and preparation; 2
(l) That the school shall have available, if requested by the commission, a 3
financial statement certified by an independent accountant, and a profit-loss 4
statement certified by the owner as being true and current. The commission 5
may call for any or all of the above information at any time; 6
(m) That the proprietary school does not utilize advertising of any type which is 7
untrue, deceptive, or misleading and shall be able to document all advertised 8
claims; 9
(n) That the chief executive officer, directors, owners, administrators, 10
supervisors, and instructors are of good moral character as determined by the 11
commission; 12
(o) That the proprietary school adheres to a tuition refund schedule as presented 13
in published form prior to enrollment; 14
(p) That the school shall prominently display its current license and the address 15
and telephone number of the commission office; and 16
(q) That the proprietary school adheres to the other requirements consistent with 17
the public interest as the commission shall determine are necessary to improve 18
the courses or programs of instruction or study offered by the school, and to 19
prevent misrepresentation, fraud, and collusion in the offering thereof. 20
(2) In determining compliance with the minimum standards described in subsection (1) 21
of this section, the commission shall require at a minimum: 22
(a) For a degree-granting institution, appropriate accreditation; and 23
(b) For a non-degree granting institution, a statement of quality assurance. 24
(3) A license holder or applicant may seek a single accreditation from any 25
accrediting agency or entity for all the school locations it operates in the state. A 26
license holder or applicant who operates schools at multiple locations shall be 27 UNOFFICIAL COPY 24 RS BR 836
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allowed to provide evidence of the operations of all the locations collectively as an 1
alternative to providing evidence of operations for each individual location. 2
(4) The commission shall investigate, appraise, and evaluate from time to time, or upon 3
receipt of a formal complaint, any proprietary school now located, or which may be 4
hereafter located, in this state. The investigation, appraisal, and evaluation shall be 5
for the purpose of determining whether the proprietary school or its programs are 6
maintained and operated or, in the event of a new proprietary school, whether the 7
new proprietary school can be reasonably maintained and operated, in compliance 8
with the provisions of this section and all other applicable Kentucky statutes and 9
administrative regulations. The investigation, appraisal, and evaluation shall include 10
but are not limited to inspection of all records, books, and facilities at reasonable 11
times and places without prior notice. 12
(5)[(4)] If the commission determines upon investigation, appraisal, and evaluation 13
that a proprietary school located within this state is maintained and operated, or, in 14
the event of a new proprietary school, that the school can be reasonably maintained 15
and operated, in compliance with the minimum standards prescribed by this section, 16
the commission shall issue a license to the proprietary school. 17
(6)[(5)] If the commission determines that any school is not maintained and operated, 18
or cannot be reasonably maintained and operated, in compliance with the minimum 19
standards prescribed by this section and the minimum requirements determined by 20
the commission, or is in violation of Kentucky statutes or administrative 21
regulations, the commission, after notice and an opportunity for a hearing to be 22
conducted in accordance with KRS Chapter 13B, may deny the issuance of a 23
license or may establish conditions in conformity with these provisions which shall 24
be met by the school prior to issuance of a license. The commission may issue a 25
conditional license for up to a nine (9) month period of time. 26
Section 2. KRS 161.048 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 836
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(1) The General Assembly hereby finds that: 1
(a) 1. There are persons who have distinguished themselves through a variety 2
of work and educational experiences that could enrich teaching in 3
Kentucky schools; 4
2. There are distinguished scholars who wish to become teachers in 5
Kentucky's public schools, but who did not pursue a teacher preparation 6
program; 7
3. There are persons who should be recruited to teach in Kentucky's public 8
schools as they have academic majors, strong verbal skills as shown by 9
a verbal ability test, and deep knowledge of content, characteristics that 10
empirical research identifies as important attributes of quality teachers; 11
4. There are persons who need to be recruited to teach in Kentucky schools 12
to meet the diverse cultural and educational needs of students; and 13
5. There should be alternative procedures to the traditional teacher 14
preparation programs that qualify persons as teachers; 15
(b) There are hereby established alternative certification program options as 16
described in subsections (2) to (10) of this section; 17
(c) It is the intent of the General Assembly that the Education Professional 18
Standards Board inform scholars, persons with exceptional work experience, 19
and persons with diverse backgrounds who have potential as teachers of these 20
options and assist local boards of education in implementing these options and 21
recruitment of individuals who can enhance the education system in 22
Kentucky; 23
(d) The Education Professional Standards Board may reject the application of any 24
candidate who is judged as not meeting academic requirements comparable to 25
those for students enrolled in Kentucky teacher preparation programs; and 26
(e) The Education Professional Standards Board shall promulgate administrative 27 UNOFFICIAL COPY 24 RS BR 836
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regulations establishing standards and procedures for the alternative 1
certification options described in this section. If the certification option 2
requires employment prior to certification, the procedures shall establish a 3
process for candidates to obtain an eligible for hire letter from the Education 4
Professional Standards Board. 5
(2) Option 1: Certification of a person with exceptional work experience. An individual 6
who has exceptional work experience and has been offered employment in a local 7
school district shall receive a one (1) year provisional certificate with approval by 8
the Education Professional Standards Board of a joint application by the individual 9
and the employing school district under the following conditions: 10
(a) The application contains documentation of all education and work experience; 11
(b) The candidate has documented exceptional work experience in the area in 12
which certification is being sought; and 13
(c) The candidate possesses: 14
1. A bachelor's degree or a graduate degree; 15
2. A minimum cumulative grade point average of two and seventy-five 16
hundredths (2.75) on a four (4) point scale or a minimum grade point 17
average of three (3.0) on a four (4) point scale on the last thirty (30) 18
hours of credit completed, including undergraduate and graduate 19
coursework from a nationally or regionally accredited postsecondary 20
institution; and 21
3. An academic major or a passing score on the academic content 22
assessment in the area in which certification is being sought by the 23
applicant as designated by the Education Professional Standards Board. 24
The candidate shall participate in the teacher internship program under KRS 25
161.030. After successful completion of the internship program, the candidate shall 26
receive a professional certificate and shall be subject to certificate renewal 27 UNOFFICIAL COPY 24 RS BR 836
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requirements the same as other teachers with a professional certificate. 1
(3) Option 2: Certification through a local school district training program. A local 2
school district or group of school districts may seek approval for a training 3
program. The state-approved local school district training program is an alternative 4
to the college teacher preparation program as a means of acquiring teacher 5
certification for a teacher at any grade level. The training program may be offered 6
for all teaching certificates approved by the Education Professional Standards 7
Board, including interdisciplinary early childhood education, except for specific 8
certificates for teachers of exceptional children. To participate in a state-approved 9
local school district alternative training program, the candidate shall possess: 10
(a) A bachelor's degree or a graduate degree; 11
(b) A minimum cumulative grade point average of two and seventy-five 12
hundredths (2.75) on a four (4) point scale or a minimum grade point average 13
of three (3) on a four (4) point scale on the last thirty (30) hours of credit 14
completed, including undergraduate and graduate coursework from a 15
nationally or regionally accredited postsecondary institution; 16
(c) A passing score on the academic content assessment in the area in which 17
certification is being sought by the applicant as designated by the Education 18
Professional Standards Board. To be eligible to take an academic content 19
assessment, the applicant shall have completed a thirty (30) hour major in the 20
academic content area or five (5) years of experience in the academic content 21
area as approved by the Education Professional Standards Board; and 22
(d) An offer of employment in a school district which has a training program 23
approved by the Education Professional Standards Board. 24
Upon meeting the participation requirements as established in this subsection, the 25
candidate shall be issued a one (1) year provisional certificate by the Education 26
Professional Standards Board. The candidate shall participate in the teacher 27 UNOFFICIAL COPY 24 RS BR 836
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internship program under KRS 161.030. After successful completion of the 1
internship program, the candidate shall receive a professional certificate and shall 2
be subject to certificate renewal requirements the same as other teachers with a 3
professional certificate. 4
(4) Option 3: Certification of a professional from a postsecondary institution: A 5
candidate who possesses the following qualifications may receive a one (1) year 6
provisional certificate for teaching at any level: 7
(a) A master's degree or doctoral degree in the academic content area for which 8
certification is sought; 9
(b) A minimum of five (5) years of full-time teaching experience, or its 10
equivalent, in the academic content area for which certification is sought in a 11
regionally or nationally accredited institution of higher education; and 12
(c) An offer of employment in a school district which has been approved by the 13
Education Professional Standards Board. 14
The candidate shall participate in the teacher internship program under KRS 15
161.030. After successful completion of the internship program, the candidate shall 16
receive a professional certificate and shall be subject to certificate renewal 17
requirements the same as other teachers with professional certificates. 18
(5) Option 4: Certification of an adjunct instructor. A person who has expertise in areas 19
such as art, music, foreign language, drama, science, computer science, and other 20
specialty areas may be employed as an adjunct instructor in a part-time or a full-21
time position by a local board of education under KRS 161.046. 22
(6) Option 5: Certification of a veteran of the Armed Forces. The Education 23
Professional Standards Board shall issue a statement of eligibility, valid for five (5) 24
years, for teaching at the elementary, secondary, and secondary career technical 25
education levels to a veteran of the Armed Forces who was honorably discharged 26
from active duty as evidenced by Defense Department Form 214 (DD 214) or 27 UNOFFICIAL COPY 24 RS BR 836
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National Guard Bureau Form 22 or to a member of the Armed Services currently 1
serving with six (6) or more years of honorable service, including Reserves, 2
National Guard, or active duty. The candidate shall possess: 3
(a) A bachelor's degree or graduate degree; 4
(b) A minimum cumulative grade point average of two and seventy-five 5
hundredths (2.75) on a four (4) point scale or a minimum grade point average 6
of three (3) on a four (4) point scale on the last thirty (30) hours of credit 7
completed, including undergraduate and graduate coursework from a 8
nationally or regionally accredited postsecondary institution; and 9
(c) An academic major or a passing score on the academic content assessment in 10
the area in which certification is being sought by the applicant as designated 11
by the Education Professional Standards Board. 12
Upon an offer of employment by a school district, the eligible veteran shall receive 13
a one (1) year provisional certificate with approval by the Education Professional 14
Standards Board of a joint application by the veteran and the employing school 15
district. During this year, the veteran shall participate in the teacher internship 16
program under KRS 161.030. After successful completion of the internship 17
program, the veteran shall receive a professional certificate. 18
(7) Option 6: University alternative program. With approval of the Education 19
Professional Standards Board, a university may provide an alternative program that 20
enrolls students in a postbaccalaureate teacher preparation program concurrently 21
with employment as a teacher in a local school district. A student in the alternative 22
program shall be granted a one (1) year provisional certificate and shall participate 23
in the Kentucky teacher internship program, notwithstanding provisions of KRS 24
161.030. A student may not participate in the internship program until the student 25
has successfully completed the assessments required by the board. The one (1) year 26
provisional certificate may be renewed four (4) additional years, and shall be 27 UNOFFICIAL COPY 24 RS BR 836
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contingent upon the candidate's continued enrollment in the preparation program 1
and compliance with all requirements established by the board. A professional 2
certificate shall be issued upon the teacher candidate's successful completion of the 3
program, the internship program requirements, and all academic content 4
assessments in the specific teaching field of the applicant as designated by the 5
Education Professional Standards Board. 6
(8) Option 7: Certification of a person in a field other than education to teach in 7
elementary, middle, or secondary programs. This option shall not be limited to 8
teaching in shortage areas. An individual certified under provisions of this 9
subsection shall be issued a one (1) year provisional certificate, renewable for a 10
maximum of four (4) additional years with approval of the Education Professional 11
Standards Board. 12
(a) The candidate shall possess: 13
1. A bachelor's degree with a declared academic major in the area in which 14
certification is sought or a graduate degree in a field related to the area 15
in which certification is sought; 16
2. A minimum cumulative grade point average of two and seventy-five 17
hundredths (2.75) on a four (4) point scale or a minimum grade point 18
average of three (3) on a four (4) point scale on the last thirty (30) hours 19
of credit completed, including undergraduate and graduate coursework 20
from a nationally or regionally accredited postsecondary institution; 21
3. A passing score on the GRE or equivalent as designated by the 22
Education Professional Standards Board. A candidate who has a 23
terminal degree shall be exempt from the requirements of this 24
subparagraph; and 25
4. A passing score on the academic content assessment in the area in which 26
certification is being sought as designated by the Education Professional 27 UNOFFICIAL COPY 24 RS BR 836
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Standards Board. 1
(b) Prior to receiving the one (1) year provisional certificate or during the first 2
year of the certificate, the teacher shall complete the following: 3
1. For elementary teaching, the individual shall successfully complete the 4
equivalent of a two hundred forty (240) hour institute, based on six (6) 5
hour days for eight (8) weeks. The providers and the content of the 6
institute shall be approved by the Education Professional Standards 7
Board. The content shall include research-based teaching strategies in 8
reading and math, research on child and adolescent growth, knowledge 9
of individual differences, including teaching exceptional children, and 10
methods of classroom management. 11
2. For middle and secondary teaching, the individual shall successfully 12
complete the equivalent of a one hundred eighty (180) hour institute, 13
based on six (6) hour days for six (6) weeks. The providers and the 14
content of the institute shall be approved by the Education Professional 15
Standards Board and shall include research-based teaching strategies, 16
research on child and adolescent growth, knowledge of individual 17
differences, including teaching exceptional children, and methods of 18
classroom management. 19
(c) The candidate shall participate in the teacher internship program under KRS 20
161.030. After successful completion of the internship program, the candidate 21
shall receive a professional certificate and shall be subject to certificate 22
renewal requirements the same as other teachers with a professional 23
certificate. 24
(9) Option 8: Certification of a Teach for America participant to teach in elementary, 25
middle, or high schools. Nothing in this subsection shall conflict with the 26
participation criteria of the Teach for America program. An individual certified 27 UNOFFICIAL COPY 24 RS BR 836
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under this subsection shall be issued a one (1) year provisional certificate. 1
(a) The candidate shall possess: 2
1. An offer of employment from a local school district; 3
2. A bachelor's degree; 4
3. A successful completion of the summer training institute and ongoing 5
professional development required by Teach for America, including 6
instruction in goal-oriented, standards-based instruction, diagnosing and 7
assessing students, lesson planning and instructional delivery, classroom 8
management, maximizing learning for diverse students, and teaching 9
methodologies; and 10
4. A passing score on the academic content assessment in the area in which 11
certification is being sought as designated by the Education Professional 12
Standards Board. 13
(b) The provisional certificate granted under paragraph (a) of this subsection may 14
be renewed two (2) times with a recommendation of the superintendent and 15
approval of the Education Professional Standards Board. 16
(c) A Teach for America participant who is approved for a second renewal of his 17
or her provisional certificate under paragraph (b) of this subsection may 18
participate in the teacher internship program under KRS 161.030. 19
(d) A Teach for America participant shall be issued a professional certificate 20
upon the participant's successful completion of the internship program and 21
assessments relating to teaching of subject matter required by the Education 22
Professional Standards Board under KRS 161.030. 23
(e) Notwithstanding any statute or administrative regulation to the contrary, a 24
teacher certified under this subsection shall have ten (10) years from the date 25
that the teacher successfully completed the internship program to complete a 26
master's degree or fifth year program, or the equivalent as specified by the 27 UNOFFICIAL COPY 24 RS BR 836
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Education Professional Standards Board in administrative regulation. 1
(10) Option 9: Expedited certification of a person to teach at any grade level through a 2
cooperative program. With approval of the Education Professional Standards 3
Board, a college or university may partner with a school district to develop an 4
expedited certification program that results in a bachelor's degree and initial 5
certification within three (3) school years. 6
(a) The program shall: 7
1. Include a residency or paraprofessional component which employs the 8
person within the participating district for the duration of the program to 9
gain work experience to supplement the expedited program and reduced 10
coursework; 11
2. Utilize experienced teachers employed by the district to provide 12
coaching and to mentor the candidates; and 13
3. Be designed to meet the needs of the participating district and may 14
include an emphasis in developing a teacher pipeline for the district's 15
students, improving the numbers of underrepresented populations 16
among the district's workforce, or focusing on increasing the number of 17
teachers with certification areas that are in high demand. 18
(b) A school district entering into a cooperative partnership shall ensure the 19
availability of funding for each candidate employed within the district in the 20
residency or paraprofessional program for the duration of the candidate's 21
participation in the program. However, nothing in this subsection shall be 22
interpreted as requiring the district to continue employing the candidate 23
during the program or after the candidate has received initial certification. 24
(c) A person who has begun a traditional path or another option for certification 25
shall be eligible to transfer into this option if the person meets the program's 26
requirements. 27 UNOFFICIAL COPY 24 RS BR 836
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(d) If a school district participating in a cooperative partnership determines to end 1
the partnership, the district shall no longer accept new candidates to the 2
program but shall continue the partnership until the district's employed 3
candidates for Option 9 certification complete the program or are no longer 4
employed by the district. 5
(11) A public school teacher certified under subsections (2) to (10) of this section shall 6
be placed on the local district salary schedule for the rank corresponding to the 7
degree held by the teacher. 8
(12) Subsections (1) to (3) of this section notwithstanding, a candidate who possesses 9
the following qualifications may receive certification for teaching programs for 10
exceptional students: 11
(a) An out-of-state license to teach exceptional students; 12
(b) A bachelor's or master's degree in the certification area or closely related area 13
for which certification is sought; and 14
(c) Successful completion of the teacher internship program requirement required 15
under KRS 161.030. 16
Section 3. KRS 161.046 is amended to read as follows: 17
(1) For purposes of this section, "adjunct instructor" means an individual who has 18
training or experience in a specific subject area and who has met the requirements 19
for certification as an adjunct instructor established by the Education Professional 20
Standards Board. 21
(2) The Education Professional Standards Board shall adopt administrative regulations 22
governing the qualifications and utilization of adjunct instructors. These 23
administrative regulations shall specify the minimum essential competencies which 24
must be demonstrated by persons seeking an adjunct instructor certificate. 25
(3) Holders of an adjunct instructor certificate shall be employed on an annual contract 26
basis and shall not be eligible for continuing service status pursuant to KRS 27 UNOFFICIAL COPY 24 RS BR 836
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161.740 or for the retirement provisions of KRS 161.220 through 161.714, except 1
that the return to work limitations set forth in KRS 161.605 shall apply to any 2
retired member of the Kentucky Teachers' Retirement System who resumes 3
employment as an adjunct instructor. The granting of successive annual contracts to 4
the holder of an adjunct instructor certificate shall not give rise to a claim of 5
expectation of continuing employment. 6
(4) Local school boards may contract with certificated adjunct instructors for part-time 7
or full-time services on an hourly, daily, or other periodic basis as best meets the 8
needs of the board. An adjunct instructor shall not fill a position that will result in 9
the displacement of a qualified teacher with a regular certificate who is already 10
employed in the district. 11
(5) An orientation program shall be developed and implemented for adjunct instructors 12
by the local school board. 13