Act 1623 of 2001 requires that no class of students shall be under the instruction of a teacher who is not certified to teach the grade level or subject matter of the class for more than thirty consecutive days. The act also provides for a waiver if the requirement imposes an undue hardship on the school district.
Emergency Rules and Regulations detailing specific procedures to implement this law will be presented to the State Board of Education at its September 10, 2001 meeting. Because of the time sensitive nature of these requirements, there is attached to this memorandum a DRAFT copy of the proposed emergency rules and regulations. These should be used for general information and guidance for school districts until the final version has been approved. Any changes to the approved version and that being sent now will be communicated at a later date.
In general, a “certified teacher” for purposes of this act, and for whom a waiver will NOT be necessary, includes any of the following (assuming the individual is teaching at the grade level or specific subject in which licensed): non-degreed vocational-technical teachers; Arkansas Department of Education approved distance learning teachers; those with letters of provisional eligibility; those with a current standard or provisional license.