16
Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: [email protected] For Department of State Use Only Sequence Number: Rule ID(s): File Date : Effective Date: ----- --- Pro posed Rule(s) Filing Form Proposed rules are submitted pursuant to Tenn. Code Ann. §§ 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State. Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply lo rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to § 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with§ 4-29-121(b). A~e ncy/Board/Commi ssion: Division: Contact Person: Address : Zip: Phone: Ema il: I State Board of Education N/A Angie Sanders 500 James Robertson Pkwy, 5 th Floor 37243 615 25 3- 5707 [email protected]~ Revision Type (check all that apply): Amendment X New Repeal Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed , copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row.) ,__ C_h_a~p_ te_r_N _u_m_b_e_r -+-_ C ha pter Title 1 _05_2_0_-_02_-_0_6 _____ E_m _,_ p_ lo __,, y_ _m~nt Standards Rule Number Rule Title SS- 7038 (March 2020) RDA 1693 08-25-20 9390 8/20/2020 11/18/2020

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Page 1: Proposed Rule(s) Filing Form · 500 James Robertson Parkway, 5th Floor Nashville, TN 27243 (615) 253-5707 Anqela.C.Sanders@tn.gov Nathan James 500 James Robertson Parkway, 5th Floor

Department of State Division of Publications 312 Rosa L. Parks Ave ., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publlaations.ln [email protected]

For Department of State Use Only

Sequence Number:

Rule ID(s):

File Date :

Effective Date: --------

Proposed Rule(s) Filing Form Proposed rules are submitted pursuant to Tenn. Code Ann. §§ 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State.

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply lo rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to § 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with§ 4-29-121(b).

A~ency/Board/Commission: Division:

Contact Person: Address:

Zip: Phone: Email:

I State Board of Education N/A Angie Sanders 500 James Robertson Pkwy, 5th Floor 37243 615 253-5707 [email protected]~

Revision Type (check all that apply): Amendment

X New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed , copy and paste additional tables to accommodate multiple chapters . Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row.)

,__C_h_a~p_te_r_N_ u_m_b_e_r-+-_C ha pter Title

1_05_2_0_-_02_-_0_6 _____ E_m_,_p_lo__,,y__m ~nt Standards Rule Number Rule Title

SS-7038 (March 2020) RDA 1693

08-25-209390

8/20/202011/18/2020

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Create a NEW chapter 0520-02-06 titled Employment Standards so that the new Table of Contents and new chapter shall read as follows:

0520-02-06-.01 0520-02-06-.02 0520-02-06-.03 0520-02-06-.04

Purpose

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-02-06 EMPLOYMENT STANDARDS

Employment Standards for Teachers Employment Standards for Supervisors Employment Standards for Additional Support Personnel

0520-02-06-.01 PURPOSE.

(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.

Authority: T.C.A. § 49-1-302, 49-5-108, 49-5-403. Administrative History:

0520-02-06-.02 EMPLOYMENT STANDARDS FOR TEACHERS.

(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 or Pearson NES middle grades and early secondary assessment; 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 individualized education program (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;

SS-7038 (March 2020) 2 RDA 1693

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(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.

(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 organization or institution of higher education; or

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

Authority: T.C.A. §§ 49-1-302, 49-5-108, 49-5-403, 49-6-6006. Administrative History:

0520-02-06-.03 EMPLOYMENT STANDARDS FOR SUPERVISORS.

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

SS-7038 (March 2020) 3 RDA 1693

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(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 the area for which they will be an instructional supervisor.

(2) 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.

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

(a) Hold an instructional leader license or 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.

(4) 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 local education agencies (LEAs) with a student enrollment of 500 to 2,499 must meet one (1) of the following criteria:

SS-7038 (March 2020)

(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

4 RDA 1693

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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:

(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 two (2) years of relevant school nutrition experience; or

(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 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.

Authority: T.C.A. §§ 49-1-302, 49-5-108, 49-5-403. Administrative History:

0520-02-06-.04 EMPLOYMENT STANDARDS FOR ADDITIONAL SUPPORT PERSONNEL.

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

SS-7038 (March 2020) 5 RDA 1693

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

(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 LEAs 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) All non-licensed educational interpreters employed by an LEA or charter school prior to January 1, 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 an LEA or charter school 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 EIPA; and

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

(c) Compensation of non-licensed individuals providing educational interpreting shall be determined by the LEA 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 an LEA 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 an LEA 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. Administrative History:

SS-7038 (March 2020) 6 RDA 1693

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* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Nick Darnell X Mike Edwards X Bob Eby X Gordon Ferguson X Elissa Kim X Lillian Hartgrove X Nate Morrow X Darrell Cobbins X Larry Jensen X

I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the State Board of Education on 05/29/2020, and is in compliance with the provisions of T.C.A. § 4-5-222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described , he is to t~eat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State.

Date: 8/19/2020

Signature: -a~~ Name of Officer: AJ;anders - ~--------------------

Title of Officer: General Counsel

Agency/Board/Commission: State Board of Education --------- --------------------- --

Rule Chapter Number(s ): _ 0_52_0_-_0_2-_0_6 ___ ______ ____ _ ___________ _

All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

Ill Attorney General and Reporter

f ~,1-/,,01,r, / 7 Da~

Filed with the Department of State on : ___ ____________ _

Effective on:

SS-7038 (March 2020) 7

----------------

Tre Hargett Secretary of State

RDA 1693

8/20/2020

11/18/2020

IE21AMH
RG Date Stamp
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Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

These rules do not affect small business.

SS-7038 (March 2020) 8 RDA 1693

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Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://pub lications.tnsosfiles .com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly.)

This rule does not have a financial impact on local governments

SS-7038 (March 2020) 9 RDA 1693

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Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

Pursuant to T.C.A. § 49-1-302, the State Board of Education has the authority to adopt policies governing the qualifications, requirements, and standards of, and provide the licenses and certificates for, all public school teachers, principals, assistant principals, supervisors, and directors of schools.

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

Employment standards are currently included in the Administrative Rules and Regulations Rule 0520-01-02. As part of the State Board's ongoing efforts to streamline its rules, employment standards is being moved into a new, standalone rule in the section of rules relevant to educator licensure and preparation. In addition to moving the rule to a new section, some information has also been updated to align with modern practices.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

T.C.A. § 49-1-302 requires the State Board of Education to set the qualifications, requirements and standards of and provide the licenses and certificates for all public school teachers, principals, assistant principals, supervisors and directors of schools.

T.C.A. § 49-5-108 directs the State Board of Education to promulgate rules and regulations governing the issuance of licenses for supervisors, principals and public school teachers.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

The Tennessee Department of Education and State Board of Education are directly affected by this rule and both urge adoption. Teachers, and school districts are directly affected by this rule. The State Board did not receive any comments urging adoption or rejection of the rule.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

N/A

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

No fiscal impact.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

I Angie Sanders [email protected]

SS-7038 (March 2020) 10 RDA 1693

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Nathan James Nathan.James@tn .gov

Jay Klein Ja .Klein

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Angie Sanders [email protected]

Nathan James [email protected]

Jay Klein Ja .Klein

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Angie Sanders 500 James Robertson Parkway, 5th Floor Nashville, TN 27243 (615) 253-5707 [email protected]

Nathan James 500 James Robertson Parkway, 5th Floor Nashville, TN 27243 (615) 532-3528 [email protected]

Jay Klein 710 James Robertson Parkway, 9th Floor Nashville, TN 27243 (615) 360-4420 Jay.l<[email protected]

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

A rulemaking hearing on these rules was originally scheduled for March 31, 2020. However, due to prohibitions on in-person gatherings in response to COVID-19, the rulemaking hearing had to be cancelled. Notice of the cancellation was posted to the Secretary of State's website and the State Board's website along with information on how the public could submit feedback and comments on the rules to State Board staff for consideration. No comments were submitted.

SS-7038 (March 2020) 11 RDA 1693

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EMPLOYMENT STANDARDS CHAPTER 0520-02-06 (Rule 0520-02-06-.04, continued)

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-02-06 EMPLOYMENT STANDARDS

0520-02-05-.01 Purpose 0520-02-05-.02 Employment Standards for Teachers 0520-02-05-.03 Employment Standards for Supervisors 0520-02-05-.04 Employment Standards for Additional Support Personnel

0520-02-05-.01 PURPOSE. (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. Authority: T.C.A. § 49-1-302, 49-5-108, 49-5-403. Administrative History: 0520-02-05-.02 EMPLOYMENT STANDARDS FOR TEACHERS. (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 or Pearson NES middle grades and early secondary assessment; 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 individualized education program (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;

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(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.

(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 organization or institution of higher

education; or

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

Authority: T.C.A. §§ 49-1-302, 49-5-108, 49-5-403, 49-6-6006. Administrative History: 0520-02-06-.03 EMPLOYMENT STANDARDS FOR SUPERVISORS. (1) 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 the

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area for which they will be an instructional supervisor. (2) 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.

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

(a) Hold an instructional leader license or 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.

(4) 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 local education agencies (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.

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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:

(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 two (2) years of

relevant school nutrition experience; or (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 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. Authority: T.C.A. §§ 49-1-302, 49-5-108, 49-5-403. Administrative History: 0520-02-06-.04 EMPLOYMENT STANDARDS FOR ADDITIONAL SUPPORT PERSONNEL. (1) Educational Assistants. Educational assistants shall, at a minimum, have a high school diploma,

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.

(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.

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(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 LEAs 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) All non-licensed educational interpreters employed by an LEA or charter school prior to January 1, 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 an LEA or charter school 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 EIPA; and

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

EIPA.

(c) Compensation of non-licensed individuals providing educational interpreting shall be determined by the LEA 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 an LEA 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 speech-language pathology aides employed by an LEA 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 -2 03 , 49-2-301, 49-5-108, 4 9 - 5 - 1 1 1 ,4 9 - 5 - 4 1 2 , 49-6-6006. Administrative History:

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