Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in...

9
Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 For Department of State Use Only Sequence Number: oi "0~-z.o Phone: 615-741-2650 Notice ID(s): lOb~ Email: [email protected] File Date: __ 1.- ,,_/ .,_,__-,f-'/'}{)~1,_0 __ Notice of Rulemaking Hearing Hearings will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, T. C.A. § 4-5-204. For questions and copies of the notice, contact the person listed below. Agency/Board/Commission: State Board of Education Division: N/A Contact Person: Angie Sanders Address: 500 James Robertson Parkway, 5 th Floor, Nashville, TN 37243 Phone: 615 741-2966 Email: [email protected] Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may require aid to facilitate such participation should contact the following at least 10 days prior to the hearing: ADA Contact: Angie Sanders Address: 500 James Robertson Parkway, 5 th Floor, Nashville, TN 37243 Phone: 615 741-2966 Email: [email protected] Hearing Location(s) (for additional locations, copy and paste table) Address 1: Address 2: City: Zip: Hearing Date : Hearing Time : 500 James Robertson f>~ E~way Davy Crockett Building, Conference Room 1C, 1 st Floor Nashville, TN 37243 3/31/2020 1:00 pm _X_ CST/CDT _ EST/EDT Additional Hearing Information: Please bring identification so that you may be checked into the building by security. Conference room 1C is located on the first floor of the building. Revision Type (check all that apply): Amendment X New Repeal Rule(s) (ALL chapters and rules contained in filing must be listed. If needed, copy and paste additional tables to accommodate more than one chapter. Please enter only ONE Rule Number/Rule Title per row.) Chapter Number Chapter Title 0520-02-06 EmpJgyment St§lndards Rule Number Rule Title 0520-02-06-.01 Purpose 0520-02-06-.02 Employment Standards SS-7037 (October 2018) RDA 1693 This hearing has been cancelled. See page 9.

Transcript of Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in...

Page 1: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243

For Department of State Use Only

Sequence Number: oi "0~-z.o

Phone: 615-741-2650 Notice ID(s): lOb~

Email: [email protected] File Date: __ 1.-,,_/ .,_,__-,f-'/'}{)~1,_0 __

Notice of Rulemaking Hearing Hearings will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, T. C.A. § 4-5-204. For questions and copies of the notice, contact the person listed below.

Agency/Board/Commission: State Board of Education

Division: N/A

Contact Person: Angie Sanders

Address: 500 James Robertson Parkway, 5th Floor, Nashville, TN 37243

Phone: 615 741-2966

Email: [email protected]

Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may require aid to facilitate such participation should contact the following at least 10 days prior to the hearing:

ADA Contact: Angie Sanders

Address: 500 James Robertson Parkway, 5th Floor, Nashville, TN 37243

Phone: 615 741-2966

Email: [email protected]

Hearing Location(s) (for additional locations, copy and paste table)

Address 1: Address 2:

City: Zip:

Hearing Date : Hearing Time:

500 James Robertson f>~E~way Davy Crockett Building, Conference Room 1C, 1st Floor Nashville, TN 37243 3/31/2020 1:00 pm _X_ CST/CDT _ EST/EDT

Additional Hearing Information:

Please bring identification so that you may be checked into the building by security. Conference room 1 C is located on the first floor of the build ing.

Revision Type (check all that apply): Amendment

X New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed. If needed, copy and paste additional tables to accommodate more than one chapter. Please enter only ONE Rule Number/Rule Title per row.)

Chapter Number Chapter Title 0520-02-06 EmpJgyment St§lndards Rule Number Rule Title 0520-02-06-.01 Purpose

0520-02-06-.02 Employment Standards SS-7037 (October 2018) RDA 1693

This hearing has been cancelled. See page 9.

Page 2: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

Rule Number 0520-02-06-.03 0520-02-06-.04

Rule Title Supervisors Additional Support Personnel

SS-7037 (October 2018) RDA 1693 2

Page 3: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

0520-02-05-.01 PURPOSE.

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-02-06 EMPLOYMENT STANDARDS

(1) A teacher or principal shall hold a valid Tennessee teacher license with an endorsement covering the work assignment as provided in T.C.A. Title 49, Chapter 5.

(2) Employment standards identified in this Rule outline the requirements for certain school and district level positions not covered by an endorsement area.

(3) The department of education may provide additional endorsement flexibility as appropriate.

0520-02-05-.02 EMPLOYMENT STANDARDS.

(1) A teacher with a professional license may teach Algebra I at any grade level if they have:

(a) An endorsement to teach at least through grade eight (8);

(b) A passing score on the middle school math PRAXIS; and

(c) Successful completion of a state-approved training OR a passing score on a supplemental test in the content area approved for this purpose by the department of education.

(2) Gifted Education

(a) A general education or special education teacher providing direct instruction to a student identified as intellectually gifted, in accordance with the student's IEP, shall meet the following employment standards:

1. Hold a valid Tennessee teaching license with an endorsement in a general education area or special education area; and

2. Meet one (1) of the following criteria:

(i) Hold an endorsement in gifted education;

(ii) Provide gifted services under the supervision of a gifted consulting teacher that meets the requirements of this rule;

(iii) Complete a minimum of six (6) semester hours in gifted coursework from a state board approved educator preparation program, or from an educator preparation program approved by a state other than Tennessee; or

(iv) Complete a gifted education training program recognized by the Department of Education.

3

Page 4: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

(b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision, for implementation of IEPs for gifted students. All consulting teachers in gifted education shall hold a valid Tennessee teaching license with an endorsement in gifted education.

(c) Individuals serving as a gifted education coordinator in special or general education shall meet one (1) of the following employment standards:

1. Hold a valid Tennessee teaching license with an endorsement in gifted education;

2. Hold a valid Tennessee teaching license and complete six (6) semester hours in gifted education from a State Board approved educator preparation program or from an educator preparation program approved by a state other than Tennessee; or

3. Hold a valid Tennessee Instructional Leader License.

(d) Individuals serving as a gifted education coordinator in special or general education shall not serve as a consulting teacher in gifted education unless they meet the requirements of a consulting teacher in gifted education under this rule.

(3) Personal Finance.

(a) A teacher of personal finance shall hold a valid Tennessee teacher license and shall meet one (1) of the following requirements

1. Complete a minimum of fourteen (14) clock hours of training on use of the state adopted Personal Finance standards provided by:

(i) The Department of Education; or

(ii) A Department of Education-approved organizations or institution of higher education; or

2. Hold an active endorsement in Economics, Business, Marketing, or Family and Consumer Sciences.

0520-02-06-.03 SUPERVISORS.

(1) A principal of a school with fewer than 225 students shall not be required to meet the requirements for licensure as set forth in State Board Rule 0520-02-03 Educator Licensure.

(2) Supervisors of Instruction. A supervisor of instruction shall :

(a) Hold a valid Tennessee instructional leader license or professional administrator license; or

(b) Hold an advanced degree and a valid Tennessee teacher license with endorsement in area for which they will be instructional supervisor.

4

Page 5: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

(3) Special Education Supervisors. A supervisor of special education shall :

(a) Hold a valid Tennessee instructional leader license or professional administrator license and shall have three (3) years of experience with programs for children with disabilities; or

(b) Hold an advanced degree and a valid Tennessee teacher license with endorsement in at least one (1) area of special education and shall have three (3) years of experience with programs for children with disabilities.

(4) Career and Technical Education (CTE) Directors. A CTE director shall:

(a) Hold an instructional leader license, a professional administrator license; or

(b) Hold a bachelor's degree with a major in career and technical education with :

1. At least three (3) years of teaching experience in an approved CTE program; and

2. At least two (2) years in an industry-related field;

(5) School Nutrition Program Directors.

(a) School nutrition program directors hired on or after July 1, 2015, shall complete at least eight (8) hours of food safety training either not more than five (5) years prior to the employee's start date or within thirty (30) days of the employee's start date and shall meet the following criteria:

1. School nutrition program directors employed by LEAs with a student enrollment of 500 to 2,499 must meet one (1) of the following criteria:

(i) Bachelor's degree or equivalent educational experience with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field;

(ii ) Bachelor's degree in any academic major and a School Nutrition Association Level 3 Certificate in School Nutrition;

(iii) A valid Tennessee teacher license with a school food service supervisor endorsement or a food production and management services endorsement;

(iv) Bachelor's degree in any academic major and at least one (1) year of relevant school nutrition experience;

(v) Associate's degree or equivalent educational experience, with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field and at least one (1) year of relevant school nutrition programs experience; or

(vi) High school diploma, or equivalency diploma, and at least three (3) years of relevant experience in school nutrition programs.

2. School nutrition program directors employed by LEAs with a student enrollment of 2,500 to 9,999 must meet one (1) of the following criteria:

5

Page 6: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

EMPLOYMENT STANDARDS

(Rule 0520-02-06-.03, continued)

CHAPTER 0520-02-06

Bachelor's degree or equivalent educational experience with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field;

(i) Bachelor's degree in any academic major and a School Nutrition Association Level 3 Certificate in School Nutrition;

(ii) A valid Tennessee teacher license with a school food service supervisor endorsement or a food production and management services endorsement;

(iii) Bachelor's degree in any academic major and at least two (2) years of relevant school nutrition experience; or

(iv) Associate's degree or equivalent educational experience, with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field and at least two (2) years of relevant school nutrition programs experience.

3. School nutrition program directors employed by LEAs with a student enrollment of more than 10,000 must meet one (1) of the following criteria:

(i) Bachelor's degree or equivalent educational experience with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field;

(ii) Bachelor's degree in any academic major and a School Nutrition Association Level 3 Certificate in School Nutrition;

(iii) A valid Tennessee teacher license with a school food service supervisor endorsement or a food production and management services endorsement; or

(iv) Bachelor's degree in any academic major and at least five (5) years of experience in management of school nutrition programs.

0520-02-06-.04 ADDITIONAL SUPPORT PERSONNEL.

(1) Educational Assistants. Educational assistants shall, at a minimum, a high school diploma or GED or HiSet equivalent, and shall show demonstrable proficiency in reading and writing skills.

(a) Educational assistants who have completed one (1) or more years of college shall be given preference in employment.

6

Page 7: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

(b) Educational assistants shall only be employed in nonteaching positions and shall be subject to direct supervision of licensed teachers when directly involved in the instructional program.

(c) If a licensed teacher to whom an educational assistant has been assigned is required to be absent from the classroom, the educational assistant may assume responsibility for the classroom in lieu of a substitute teacher. However, no educational assistant shall assume responsibility for the classroom for more than three (3) consecutive school days.

(2) Educational Interpreters. All individuals employed by local school systems or charter schools to provide educational interpreting for students who are deaf, deaf-blind, or hard of hearing must hold a valid Tennessee School Services Personnel license with the appropriate endorsement or must meet the following employment standards:

(a) Non-licensed educational interpreters employed by a local school system prior to January 2021, shall satisfy the following requirements by January 1, 2021:

1. Obtain a passing score on the written portion of the Educational Interpreter Performance Assessment (EIPA); and

2. Obtain a minimum score of 3.0 on the performance assessment portion of the EIPA.

(b) All non-licensed educational interpreters employed by a local schools system on January 1, 2021, or after, shall satisfy the following requirements:

1. Hold at a minimum an associate's degree;

2. Obtain a passing score on the written portion of the Educational Interpreter Performance Assessment (EIPA); and

3. Obtain a minimum score of 3.0 on the performance assessment portion of the EIPA.

Compensation of non-licensed individuals providing educational interpreting shall be determined by the local school district or charter school and shall take into consideration the level of preparation, training, and work requirements.

(3) Speech-Language Teachers. A school speech-language teacher hired by a local school district or charter school to work under the direction of a school speech-language pathologist shall hold a school services personnel license with a speech-language teacher endorsement.

(4) Speech-Language Pathology Assistants and Aides. All non-licensed speech-language pathology assistants or speech-language pathology aides shall work under the supervision of a licensed speech-language pathologist. All non-licensed speech-language pathology assistants or speech­language pathology aides employed by a local school district or charter school on January 1, 2021 or after shall hold a valid speech language pathology assistant certification issued by the Tennessee Board of Communication Disorders and Sciences.

Authority: T.C.A. §§ 49-1-302, 49-2-203, 49-2-301, 49-5-108, 49-5-111, 49-5-412, 49-6-6006, and Section 86 of Chapter 535 of the Public Acts of 1992. Administrative History:

7

Page 8: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

I certify that the information included in this filing is an accurate and complete representation of the intent and scope of rulemaking proposed by the agency.

Date:

Signature:

Name of Officer:

Title of Officer: General Counsel

Subscribed and sworn to before me on:

Notary Public Signature:

My commission expires on: 3 -0- 2 ------=----=----=--L----------

Department of State Use Only

Filed with the Department of State on: ___ 1,,...,.../_fi__,,/_1,,<>_j~o _______ _

~~✓ t' Tre Hargett

Secretary of State

Cl;) f·~

f"T1 = C"') .~ ,= -~-('~-, .,.,~ ..,., .A.' C1""1 ;T-; OJ-i

,.., 1- ►

a, ,,-.,.. I "' ,, -;n rn n-< U1

]> -to > . .:,, ... ,. 5-,, :x ;T1 :Zv, I.O (ft~ l.., .•

> w ---4 C) ~

8

Page 9: Notice of Rulemaking Hearing...2020/02/08  · (b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision,

TENNESSEE STATE BOARD OF EDUCATION

BILL LEE 5th FLOOR, DAVY CROCKETT TOWER SARA H. MORRISON GOVERNOR 500 JAMES ROBERTSON PARKWAY EXECUTIVE DIRECTOR

NASHVILLE, TN 37243 615-741-2966

www.tn.gov/sbe

March 17, 2020

VIA E-MAIL

Robert Greene Assistant Director of Publications Division Office of the Secretary of State 8th Floor, Snodgrass Tower 312 Rosa L. Parks Ave. Nashville, Tennessee 37243 [email protected]

Dear Mr. Greene:

Due to concerns with the spread of the novel coronavirus currently ongoing in our state, the Tennessee State Board of Education (“State Board”) has made the decision to cancel the rulemaking hearing scheduled for Tuesday, March 31, 2020 at 1:00 p.m. Central Time. We have posted this cancellation on our website and are notifying interested parties.

The State Board will move forward with passage of these rules as proposed rules at the State Board’s next quarterly meeting on May 29, 2020.

Thank you for your consideration.

Respectfully Submitted,

Angie Sanders General Counsel

03-11-20

IE21AMH
Use