Sec.10-145d-427. Reissuance and extension of certificates

(a) Notwithstanding the provisions of this section to the contrary, a person whose certificate has lapsed may request certification retroactive to the date on which the lapse occurred, provided hardship or extenuating circumstances are found that are beyond the control of the applicant. The Commissioner or the Commissioner's designee may grant such a certificate under the following conditions:

(1) The person held a valid teaching certificate;

(2) Prior to the date on which the lapse occurred, the person had completed all requirements for issuance of a new certificate, except for filing an application for such certificate; and

(3) Application for such reissuance is made to the Commissioner or the Commissioner's designee within one year of the date on which the lapse occurred.

(b) A person who holds or held a provisional teaching or provisional educator certificate may appeal pursuant to Section 10-145d-615, to the Board for an extension of time to complete certification requirements for a professional educator certificate or continuation of a professional educator certificate.

(c) A person who holds an initial educator certificate and has not served under it in the employ of a board of education, shall be eligible for five one-year reissuances. After five such reissuances, all preparation and eligibility requirements in effect at the time of application shall be met.

(d) A person who held an initial educator certificate and has not served under it in the employ of a board of education, and who applies for reissuance:

(1) Within five years of the expiration date of the first initial educator certificate, shall be eligible for reissuance if all assessment requirements in effect at the time of application except BEST are met; or

(2) More than five years after the expiration date of the first initial educator certificate, shall be eligible for reissuance if all preparation and eligibility requirements, including assessment except BEST, are met and completion of three semester hours of credit in education technology and three semester credits in alternative student assessment or child/adolescent development.

(e) A person who holds an initial educator certificate and has served under it in the employ of a board of education, but whose assignment was part time or less than 10 school months, or has not served sufficient time to complete BEST, shall be eligible for reissuance upon recommendation of the employing agent of the board of education.

(f) A person who held an initial educator certificate and has served under it in the employ of a board of education, but whose assignment was part time or less than 10 school months, or has not served sufficient time to complete BEST, shall be eligible for reissuance upon recommendation of employing agent of the board of education:

(1) Within five years of the expiration date of the first initial educator certificate, if all assessment requirements in effect at the time of application, except BEST, are met; or

(2) More than five years after the expiration date of the first initial educator certificate, if all preparation and eligibility requirements in effect at the time of application, including assessment, except BEST, are met and completion of three semester hours of credit in education technology and three semester hours of credit in alternative student assessment or child development or adolescent development.

(g) A person who holds an initial educator certificate in subject areas or fields for which a bachelor's degree from an approved institution is not required, and has served under it successfully but has not fulfilled the assessment requirement, as appropriate, or the course of study in special education required by Section 10-145d-412 of these regulations, shall be eligible for a reissuance of the initial educator certificate.

(h) A person who held an initial educator certificate in subject areas or fields for which a bachelor's degree from an approved institution is not required and has served under it successfully but has not fulfilled the assessment requirement, as appropriate, or the course of study in special education required by Section 10-145d-412 of these regulations and who applies for a reissuance:

(1) Within five years of the expiration date of the first initial educator certificate, shall be eligible for a reissuance if all assessment requirements in effect at the time of application except BEST, as appropriate, are met; or

(2) More than five years after the expiration date of the first initial educator certificate, shall be eligible for a reissuance if all preparation and eligibility requirements, including assessment in effect at the time of application except BEST, as appropriate, are met.

(i) A person who holds an initial educator certificate and has served under it in the employ of a board of education and who has not successfully completed the BEST assessment, as may have been made available by the Board, and who applies for an extension, shall be eligible for a one-time extension upon a finding of good cause by the Commissioner, and a request by the employing agent of a board of education.

(j) A person who held an initial educator certificate and has served under it in the employ of a board of education who has not successfully completed the BEST assessment, and applies for an extension;

(1) Within five years of the expiration date of the first initial educator certificate shall be eligible for a one-time extension upon a finding of good cause by the Commissioner, and a request by the employing agent of a board of education, if all assessment requirements in effect at the time of application, except BEST, are met; or

(2) More than five years after the expiration date of the first initial certificate, may be eligible for reissuance if all preparation and eligibility requirements in effect at the time of application, including assessment, except BEST, are met and completion of three semester hours of credit in education technology and three semester hours of credit in alternative student assessment or child development or adolescent development.

(k) A person who holds an initial educator certificate and has served under it in the employ of a board of education, and has not successfully completed the BEST assessment and whose employing agent does not request an extension of the initial educator certificate, shall not be eligible for reissuance of the initial educator certificate.

(l) A person who held an initial educator certificate, served under it in the employ of a board of education and who has not successfully completed the BEST assessment and whose employing agent does not request an extension of the initial educator certificate, and who applies for reissuance, may be eligible for reissuance if the person has submitted evidence of intervening study and experience, as established by the Board, and if all preparation and eligibility requirements in effect at the time of application are met and completion of three semester hours of credit in education technology and three semester hours of credit in alternative student assessment or child development or adolescent development.

(m) A person who holds a temporary 90-day certificate, and has not served under it in the employ of a board of education or served for less than 90 days, and who applies for reissuance, shall be eligible for a temporary 90-day certificate when an employing agent of a board of education makes a written request for issuance.

(n) A person who held a temporary 90-day certificate, and has not served under it in the employ of a board of education or who served under it successfully in the employ of a board of education but whose assignment was part time or less than 90 days, shall be eligible for reissuance of a temporary 90-day certificate when an employing agent of a board of education makes a written request for issuance, if all assessment requirements in existence at the time of application are met.

(o) Except as otherwise provided in Section 10-145d-415, a person who holds a provisional teaching or provisional educator certificate and has not served under it in the employ of a board of education, and who applies for reissuance, shall be eligible for issuance of an initial educator certificate, if all preparation and eligibility requirements in effect at the time of application are met.

(p) Except as otherwise provided in Section 10-145d-415, a person who held a provisional teaching or provisional educator certificate and has not served under it in the employ of a board of education, and who applies for reissuance, shall be eligible for issuance of an initial educator certificate, if all preparation and eligibility requirements, including assessment, in existence at the time of application for reissuance, are met.

(q) Except as otherwise provided in Section 10-145d-415, a person who holds a provisional teaching or provisional educator certificate and has not served under it in the employ of a board of education for at least three years during the 10 years immediately preceding the date of application, shall be eligible for issuance of an initial educator certificate, if all preparation and eligibility requirements, in effect at the time of application, are met. Notwithstanding the provisions of this subsection to the contrary, a person who successfully served under a provisional teaching certificate or provisional educator certificate for a board of education for the school year immediately preceding the date of application shall be eligible for a provisional educator certificate. The duration of the certificate shall be eight years, less the time during which the applicant served in the employ of a board of education under the provisional teaching or provisional educator certificate during the 10 years immediately preceding the date of application.

(r) Except as otherwise provided in Section 10-145d-415, a person who held a provisional teaching or provisional educator certificate and has not served under it in the employ of a board of education for at least three years during the 10 years immediately preceding the date of application shall be eligible for an initial educator certificate if all preparation and eligibility requirements, including assessment in effect at the time of application, are met. Notwithstanding the provisions of this subsection to the contrary, a person who successfully served under a provisional teaching certificate for a board of education for the school year immediately preceding the date of application for reissuance shall be eligible for a provisional educator certificate, if all preparation and eligibility requirements, including assessment in effect at the time of application, for initial educator certification are met. The duration of the certificate shall be eight years, less the time during which the applicant served in the employ of a board of education under the provisional teaching or provisional educator certificate during the 10 years immediately preceding the date of application for reissuance.

(s) Except as otherwise provided in Section 10-145d-415, a person who holds a provisional teaching or provisional educator certificate, and has served at least three years, but less than eight years, of successful teaching for a board of education during the 10 years immediately preceding the date of application, and has not fulfilled course work requirements for issuance of the professional educator certificate, shall be eligible for issuance of a provisional educator certificate. The duration of the certificate shall be eight years less the time during which the applicant served in the employ of a board of education under the provisional teaching or provisional educator certificate during the 10 years immediately preceding the date of application for reissuance. A person who has served eight or more years during the ten years immediately preceding the date of application, and has not fulfilled course work requirements for the professional educator certificate, shall not be eligible for issuance of an initial educator or provisional educator certificate.

(t) Except as otherwise provided in Section 10-145d-415, a person who held a provisional teaching or provisional educator certificate, and has served successfully at least three years, but less than eight years, for a board of education during the 10 years immediately preceding the date of application, and has not fulfilled course work requirements for issuance of the professional educator certificate, shall be eligible for issuance of a provisional educator certificate if all preparation and eligibility requirements for the initial educator certificate, including assessment in effect at the time of application, are met. The duration of the certificate shall be eight years less the time during which the applicant served in the employ of a board of education under the provisional teaching or provisional educator certificate, during the 10 years immediately preceding the date of application for reissuance.

(u) A person who holds a professional educator certificate, and who has completed the continuing education requirement and applies for continuation of the certificate, shall be eligible to have the professional educator certificate continued for a period of five years.

(v) A person who held a professional educator certificate, has served under it in the employ of a board of education for a five-year period and does not fulfill the continuing education requirement in accordance with Section 10-145d-417, shall not be eligible to have a professional educator certificate continued. Such person shall be eligible for continuation of the professional educator certificate once the continuing education requirement is met. If application is made:

(1) Within five years of the continuation date, a person shall be eligible to have the professional educator certificate continued for a period of five years; or

(2) More than five years after the continuation date, a person shall be eligible for continuation provided program and eligibility requirements including assessment, in effect at the time of application are met for any one endorsement area on the professional educator certificate.

(w) Prior to July 1, 1996, a person who holds or held a professional educator certificate, and served under it in the employ of a board of education for less than five years, and who has not fulfilled the continuing education requirement shall, upon application, be reissued the certificate for a period of five years minus the number of years served under it in the employ of a board of education. All CEUs accrued during the first issuance period shall be applied toward fulfillment of the CEU requirement in the reissuance period. Candidates not fulfilling the CEU requirement in accordance with Section 10-145d-417 during the reissuance period shall not be eligible to have a professional educator certificate continued. Such person shall be eligible for reissuance of the professional educator certificate upon meeting the requirements in Section 10-145d-427.

On and after July 1, 1996, a person who holds a professional educator certificate, and served under it in the employ of a board of education for less than five years, and who has not fulfilled the continuing education requirement shall, upon application, be reissued the certificate for a period of five years minus the number of years served under it in the employ of a board of education. All CEUs accrued during the first issuance period shall be applied toward fulfillment of the CEU requirement in the reissuance period. Candidates not fulfilling the CEU requirement in accordance with Section 10-145d-417 during the reissuance period shall not be eligible to have a professional educator certificate continued. Such person shall be eligible for reissuance of the professional educator certificate upon meeting the requirements in Section 10-145d-427.

(x) A person who holds or held a professional educator certificate, and never served under it in the employ of a board of education from the date of issuance to the date of continuation, and who has not fulfilled the continuing education requirement shall, upon application, be reissued the certificate for one, and only one, additional five-year continuation period. All CEUs accrued during the first issuance period shall be applied toward fulfillment of the CEU requirement in the reissuance period.

(Effective July 1, 1995)