Waivers
Program Teacher Assignment: 16 KAR 4:020, Qualifications for Assignments. This regulation ensures a properly certified educator is providing individual instruction to exceptional children. Waivers must be requested when there are special education assignments for a teacher who is not certified in the area of their assignment. The Local Educator Assignment Data (LEAD) report reviews all courses and compares staff and course information to the teacher certification database. If teacher assignments are not in compliance, SEEK funds could be lost or legal action could be administered against administrator and/or teacher certificates. While these waiver requests will be submitted to the KDE, approval of the assignment will come from Education Professional Standards Board (EPSB).
707 KAR 1:350. Section 2, (5) states, "Pursuant to KRS 157.360, if caseload for special classes or class size for resource classes exceeds the maximum specified in this section for thirty (30) days, an LEA shall submit a waiver request to the Kentucky Department of Education."