Tennessee Code Title 49. Education § 49-5-106

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) It is the intent of the general assembly to urge LEAs and public charter schools to make every effort to staff kindergarten through grade twelve (K-12) teaching positions with personnel fully licensed and endorsed for such grades.

(b) After a director of schools or a director of a public charter school notifies the local board of education or the governing body of the public charter school, as applicable, that the LEA or public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists, the director of schools or the director of the public charter school may certify the same to the commissioner of education. Upon the commissioner's receipt of the certification, the commissioner may grant to an individual recommended by the director of schools or the director of the public charter school, as applicable, on behalf of the state board of education, under conditions prescribed in the state board's rules, one (1) of the following emergency teaching credentials to teach in the unfilled position:

(1) A temporary academic permit to an individual who does not hold an active Tennessee educator license but who has earned, at a minimum, a bachelor's degree from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation or the United States department of education;

(2) A temporary clinical permit to an individual who does not hold an active Tennessee educator license but who:

(A) Is enrolled in a state-board-approved educator preparation program (EPP);

(B) Has completed all EPP coursework, except for the clinical practice required in § 49-5-5604 and the rules of the state board of education. This subdivision (b)(2)(B) applies to an individual who has:

(i) Begun, but not yet completed, the clinical practice required pursuant to § 49-5-5604 at the time the temporary clinical permit is issued; or

(ii) Not yet begun the clinical practice required pursuant to § 49-5-5604 at the time the temporary clinical permit is issued;

(D) Has a conditional offer of employment, made by the director of schools or the director of the public charter school, as applicable, for the individual to fill a position for which the LEA or public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists; or

(3) A license endorsement exemption to an educator who holds a full, valid, and active Tennessee educator license.

(c) Emergency credentials granted pursuant to subsection (b) are valid only until June 30 following the date on which the credential was issued.

(d) A temporary clinical permit granted pursuant to subdivision (b)(2) is not renewable.

(e)(1) When determining whether to grant a temporary academic permit pursuant to subdivision (b)(1) to allow an individual to teach a course for which an end-of-course examination is required, the commissioner shall consider:

(A) The availability of other faculty or staff who are qualified to teach the course for which an end-of-course examination is required;

(B) The timing of the vacancy in relation to the school calendar of the LEA or public charter school, such as whether the vacancy occurs during the school year or between school years; and

(C) In cases where a vacancy for a course requiring an end-of-course examination occurs outside the school calendar of the LEA or public charter school, the LEA's or public charter school's efforts to advertise the vacancy.

(2) An individual who receives a temporary academic permit to teach a course for which an end-of-course examination is required must be assigned a mentor teacher by the director of schools or the director of the public charter school, as applicable.

(f) Notwithstanding subsection (b), the commissioner shall not grant a person, on behalf of the state board, an emergency teaching credential to teach a special education course.

(g) An individual who teaches under a temporary clinical permit issued pursuant to this section satisfies the clinical experience required pursuant to § 49-5-5604 if:

(1) The individual is assigned to, and receives guidance, evaluations, and instructions from, an educator for an amount of time that is at least equal to the amount of time required for candidates of the EPP in which the individual is enrolled to meet the EPP's clinical experience requirements;

(2) The educator assigned to the individual evaluates the individual as having adequately met the same requirements that candidates of the EPP in which the individual is enrolled must meet to satisfy the clinical experience requirements of § 49-5-5604; and

(3) The individual teaches under a temporary clinical permit for an amount of time that is at least equal to the amount of time required for candidates of the EPP in which the individual is enrolled to complete the clinical experience requirements of § 49-5-5604. This subdivision (g)(3) is satisfied if the amount of time the individual completed toward meeting the clinical practice required pursuant to § 49-5-5604 before the individual was issued a temporary clinical permit combined with the amount of time the individual taught under the temporary clinical permit is at least equal to the amount of time required for candidates of the EPP in which the individual is enrolled to complete the clinical practice required pursuant to § 49-5-5604.

(h) A local board of education or the governing body of a public charter school may enter into a one-year contract with a teacher who holds a temporary academic permit granted pursuant to subdivision (b)(1), but who does not hold a valid Tennessee educator license. The local board of education or the governing body of the public charter school may only renew such a contract if the local board of education or the governing body of the public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which the vacancy exists.

(i)(1) A director of schools or a director of a public charter school who learns of the conviction of a teacher who holds a temporary academic permit or a temporary clinical permit, and who is employed by the director's LEA or public charter school, for any offense listed in § 49-5-417(a) shall report the conviction to the state board. The state board shall set the time frame within which a director of schools or a director of a public charter school must report the conviction of a teacher who holds a temporary academic permit or a temporary clinical permit. The state board may specify other offenses for which a director of schools or a director of a public charter school is required to report to the state board upon learning of a conviction of a teacher who holds a temporary academic permit or a temporary clinical permit.

(2) A director of schools or a director of a public charter school shall report to the state board a teacher who holds a temporary academic permit or a temporary clinical permit, and who is employed by the director's LEA or public charter school, who has been suspended or dismissed, or who has resigned following allegations of misconduct, including sexual misconduct, which, if substantiated, would warrant consideration for disciplinary action under state board rules. As used in this subdivision (i)(2), “sexual misconduct” has the same meaning as defined in § 49-5-417(c)(5).

(j)(1) Notwithstanding another law to the contrary, and except as provided in subdivision (j)(3), a teacher who holds the teacher's third temporary academic permit may apply to the department for a limited license to continue teaching the course or subject area taught pursuant to the teacher's temporary academic permit. The department shall approve a teacher's application for a limited license to continue teaching the course or subject area taught pursuant to the teacher's temporary academic permit if the teacher:

(A) Holds a valid temporary academic permit;

(B) Earned a level of overall effectiveness score of “above expectations” or “significantly above expectations” on the teacher's most recent evaluation pursuant to § 49-1-302;

(C) Provides a letter from the director of schools or the director of the public charter school for the LEA or school at which the teacher taught pursuant to the teacher's temporary permit recommending that the teacher receive a limited license with the same endorsement granted to the teacher pursuant to the teacher's temporary academic permit; and

(D) Agrees, in writing, to begin a pathway approved by the state board for transitioning educators from a limited license to a practitioner license.

(2) Limited licenses are valid for two (2) school years and are not renewable.

(3) The department shall not issue a limited license to teach a special education course.

(4) The state board of education shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish:

(A) Any requirements, in addition to the requirements established in this section, for the issuance of a limited license; and

(B) A pathway for a teacher who holds a limited license to obtain a practitioner license, including rules to establish:

(i) Minimum requirements for coursework provided by an EPP or a provider approved by the department of education and the state board of education that is focused on foundational pedagogical skills, including foundational literacy skills in accordance with the Tennessee Literacy Success Act, compiled in chapter 1, part 9 of this title;

(ii) Benchmarks for teachers who hold a limited license to show that the teacher has met the state board's expectations for adequate content knowledge in the subject area taught by the teacher;

(iii) Requirements for teachers who hold a limited license to receive support from a highly-effective clinical mentor; and

(iv) Professional assessment requirements.

(k) The department of education shall report to the education committee of the senate and the committee of the house of representatives having jurisdiction over teacher licensure the number of emergency teaching credentials that were requested and granted for individuals to teach courses for which an end-of-course examination is required for the 2024-2025 school year, the 2025-2026 school year, and the 2026-2027 school year, respectively, by July 1, 2027.

(l) To be eligible for a permit or license endorsement exemption pursuant to this section, a person must be a United States citizen or a qualified alien, as defined in § 4-58-102.

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Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-5-106 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-5-106/

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