§302A-804 Powers and duties of the department, commission, and charter schools.

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(a)The department, commission, and charter schools shall retain all of their rights and powers except for the authority provided to the board under this subpart.

(b)The department's powers and duties under this subpart shall be limited to:

(1)Hiring, except in emergency situations as described in this chapter, licensed teachers to teach in their fields of licensing;

(2)Reporting data annually to the board about the supply of, and demand for, teachers in department schools, including the identification of shortage areas, out-of-field teaching assignments, number of classrooms without a licensed teacher for a quarter or more, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers;

(3)On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(A)A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board and any changes shall be updated on a monthly basis by the department;

(B)There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C)No individual may be employed by the department on an emergency basis for more than three years; provided that in the case of a declaration of a state of emergency pursuant to section 127A-14, the board, pursuant to its powers in section 302A-803(a)(18), may extend the three-year period by authorizing an extension to complete licensing requirements. During this time, the individual shall demonstrate active pursuit of licensing in each year of employment;

(4)Submitting an annual report to the board documenting:

(A)The number of emergency hires in department schools by subject matter areas and by school;

(B)The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A); and

(C)The department's efforts to address the shortages described in subparagraph (A); and

(5)Providing any other information requested by the board that is pertinent to its powers and duties.

(c)The commission's powers and duties under this subpart shall be limited to:

(1)Reporting data annually to the board about the supply of, and demand for, teachers in charter schools, including the identification of shortage areas, out-of-field teaching assignments, number of classrooms without a licensed teacher for a quarter or more, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers; and

(2)Providing any other information requested by the board that is pertinent to the commission's powers and duties.

(d)A charter school's powers and duties under this subpart shall be limited to:

(1)Except in emergency situations as described in this chapter, hiring licensed teachers to teach in their fields of licensing;

(2)On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(B)There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C)No individual may be employed by the charter school on an emergency basis for more than three years; provided that in the case of a declaration of a state of emergency pursuant to section 127A-14, the board, pursuant to its powers in section 302A-803(a)(18), may extend the three-year period by authorizing an extension to complete licensing requirements. During this time, the individual shall demonstrate active pursuit of licensing in each year of employment;

(3)Submitting an annual report to the board documenting:

(A)The number of emergency hires in the charter school by subject matter areas;

(B)The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A);

(C)The number of classrooms without a licensed teacher for a quarter or more;

(D)The number and type of courses and classes taught by out-of-field teachers; and

(E)The number and type of students taught by out-of-field teachers; and

(4)Providing any other information requested by the board that is pertinent to the charter school's powers and duties. [L 1996, c 89, pt of §2; am L 2001, c 312, pt of §10; am L 2008, c 125, §§2, 4; am L 2011, c 23, §1; am L 2014, c 39, §6; am L 2019, c 79, §2; am L 2020, c 53, §3]