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Title 4 . Education and Early Development
Chapter 12 . (Repealed)
Section 340. Special education endorsement waiver

4 AAC 12.340. Special education endorsement waiver

(a) If a school district superintendent is unable to recruit and hire a new-to-the-district teacher who holds a valid teacher certificate under 4 AAC 12.305 with a special education endorsement, or a related services specialist who holds a special services certificate (Type C) with an endorsement in speech language pathology, the superintendent may request the commissioner to grant a waiver for the hiring of a person who does not have the required endorsement.

(b) The commissioner may grant a waiver under this section only if the chief school administrator of the district requests it through formal action of the school board.

(c) An application for a waiver under this section must be submitted on a form provided by the department and include

(1) proof that the person for whom the waiver is requested holds

(A) a teacher certificate under 4 AAC 12.305, if the position will be teaching students with disabilities; or

(B) a teacher certificate under 4 AAC 12.305 or a special services certificate (Type C), if the position will be performing the duties of a speech language pathologist;

(2) a letter from the school district superintendent that details the actions taken by the district to recruit a person who holds a teacher certificate under 4 AAC 12.305 with a special education endorsement, including, at a minimum, either

(A) recruiting through the University of Alaska Fairbanks Alaska Teacher Placement program; or

(B) advertising in one or more newspapers of general circulation; and

(3) official transcripts and a letter from a teacher training program approved under 4 AAC 12.330(a) , evidencing that the person for whom the waiver is requested

(A) has completed a minimum of nine semester or 12 quarter hours of special education coursework; and

(B) is enrolled in an individualized special education training program that will qualify the person to receive a special education endorsement under 4 AAC 12.330 within three years after the date of the application.

(d) A waiver under this section is valid for up to three school years, contingent on the annual submission by the district of evidence from the teacher training program that the teacher for whom the waiver was granted continues to be enrolled in and is making satisfactory yearly progress on the individualized special education program set out in the application, and can complete the program within three years after the date of the application for a waiver under this section.

(e) A waiver issued under this section is valid only in the district to which it is granted. No extension of time on the waiver will be granted.

History: Eff. 9/29/2005, Register 175

Authority: AS 14.07.060

AS 14.20.020

AS 14.30.250

Editor's note: The subject matter of 4 AAC 12.340 was formerly located at 4 AAC 12.027. The history note for 4 AAC 12.340 does not reflect the history of the earlier section.


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Last modified 7/05/2006