49-5-5004 - Application of this part and parts 52-55.
49-5-5004. Application of this part and parts 52-55.
(a) (1) This part and parts 52-55 of this chapter shall apply only to:
(A) Educators who were licensed or certified as career level teacher or career level principal or assistant principal or supervisor between July 1, 1984 and June 13, 1997, and who maintain such certification or who were so licensed and certified, but are inactive on June 13, 1997, and later return to service;
(B) Any educator who is in the process of applying for career level I certification, as of June 13, 1997, who successfully completes such certification and who maintains such certification;
(C) Any teacher in the second, third or fourth year of employment as of June 13, 1997, who, when eligible to do so, successfully applies for career level I certification, and who maintains such certification; and
(D) Any career level II teacher who attained the necessary scores for entrance into career level III by June 13, 1997, but who lacked the required years of experience as of June 13, 1997, and who continues to be employed after reaching the required years of service.
(2) It is the legislative intent that teachers in state departments and special schools shall be eligible for the same career ladder supplements as teachers in LEAs.
(3) Nothing in this subsection (a) shall be construed to grant duplicate supplements to such teachers.
(4) Participation in the career ladder program shall be voluntary for all educators.
(b) Educators employed at the state special schools shall be included under this part and parts 52-55 of this chapter on the same basis as educators employed by LEAs.
(c) Educators employed by the departments of correction, children's services, mental health and mental retardation and human services shall be eligible to participate in the career programs provided for in this part and parts 52-55 of this chapter. The department of personnel, in consultation with the department of finance and administration and the departments involved, shall prepare an implementation plan for the evaluation of its educator employees that substantially complies with the intent of §§ 49-5-5204 and 49-5-5205. This plan shall be approved by the state board of education prior to implementation. To the extent that this evaluation plan, in qualifying as an approved plan under this part and parts 52-55 of this chapter, does not meet the requirements of title 8, chapter 30, part 2, compliance with this part and parts 52-55 of this chapter shall control.
(d) Educators who are employed on a part-time or substitute basis shall be included under this part and parts 52-55 of this chapter; such persons who work fifty percent (50%) of the school days in successive years shall be granted credit for the number of days actually worked for purposes of determining eligibility for participation in the career ladder program. Such persons must obtain their certificate while performing such part-time or substitute service.
(e) Persons who are employed to teach vocational or other courses and who are not required to hold a college degree shall be eligible to participate in the career ladder program on the same terms as other teachers.
(f) Licensed personnel who are not employed in academic classroom instruction, including, but not limited to, special education teachers, physical education teachers, librarians, music or art teachers shall be eligible to participate in the career ladder program on the same terms as other teachers.
(g) (1) All certificates and licenses for teachers, principals or supervisors, and renewals of the certificates and licenses, shall be issued by the state board of education.
(2) All licenses of educators who are not included in the professional career ladder program provided for in this part and parts 52-55 of this chapter, in effect on July 1, 1984, under part 1 of this chapter, shall remain in full force and effect according to their terms and may be renewed, in accordance with the regulations of the state board of education.
(h) The state board of education shall provide a temporary teaching license for out-of-state educators initially employed in this state.
[Acts 1984 (1st E.S.), ch. 7, §§ 5, 25, 89; 1985, ch. 465, § 30; 1986, ch. 826, § 2; 1986, ch. 933, § 1; 1987, ch. 308, §§ 35, 41-43, 50; 1989, ch. 278, § 74; 1990, ch. 948, § 18; 1993, ch. 32, § 5; 1996, ch. 1079, § 140; 1997, ch. 424, § 1; 1998, ch. 716, § 1.]