Alternate Certification for Distance Learning Instructors Act Exposed

The Alternate Certification for Distance Learning Instructors Act is listed under ALEC's Telecommunications and Information Technology Task Force and was included in the 1995 Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

It is the ultimate responsibility of the state to guarantee students access to the best possible education. Traditionally this has been provided through on site teachers, but increasingly the states are turning to private sector experts as the best source for up to date instruction. Often these experts can be brought into the class through distance learning facilities. In order to prepare students for the twenty first century, they must learn from specialists, the technological experts in the constantly changing high demand areas of mathematics, science and foreign languages.

While many of these experts are not certified teachers, they remain highly qualified instructors for children. Accordingly, the state has an overriding interest, in the case of educating our students, to provide an alternate or cross-border waiver from teacher certification for proficient distance learning instructors.

Model Legislation

Section 1. {Title.}

This Act may be cited as the Alternate Certification for Distance Learning Instructors Act.

Section 2. {Statement of Purpose.}

Be it enacted by the legislature that the (Education Code), relating to the authority of school districts to certify persons to teach who are not graduates of teacher education programs, is amended by adding (Section) to read as follows: District Certification:

(A) The (State-local) board of trustees of a school district shall by written policy provide for the certification and employment as distance learning instructors of persons who do not hold teaching certificates issued by the state.

(B) If a distance learning instructor is already a certified teacher in another state and the distance learning class originates in said state, their certification shall be recognized and deemed sufficient.

(C) Instructors who are not certified by the state, but who have expertise in the studies of mathematics, science, and foreign languages, shall be utilized and approved by the (State-local) board of trustees of a school district as a distance learning instructor if:

(1) there are no certified teachers available who are of equal technical competence in their area of expertise and in dealing with the distance learning technology; and

(2) there shall be a certified teacher/facilitator in the classroom with the students during the distance learning class.

(D) The policy must provide for a person being certified to satisfactorily complete:

(1) an examination of general knowledge to determine if the person’s basic skills in reading, writing, and mathematics are sufficient to perform satisfactorily as a teacher; and

(2) a one-semester provisional certification

(E) To qualify under this Act for provisional certification to teach primary grades, a person shall have a bachelor’s degree from an institution of higher education that is accredited by a recognized accrediting agency.

(F) To qualify under this Act for provisional certification to teach secondary grades, a person must have a bachelor’s degree from an institution of higher education that is accredited by a recognized accrediting agency.

(G) The (State-local) board shall issue final cross-border waiver based on terms stated in Section 2(B).

(H) The (State-local) board shall issue final certification based on an evaluation of:

(1) the person’s academic knowledge;

(2) the person’s ability to communicate information effectively to pupils;

(3) the person’s ability to utilize effectively the distance learning technology;

(4) the academic achievement of pupils taught by the person during professional certification.

(I) The board shall report the issuance of a certificate of cross-border waiver under this Act to the (state board of education).

(J) A person certified under this Act shall be subject to all provisions of this code relating to teachers except any provision that requires a teaching certificate required by the state.

(K) The (certifying agency) of a school district shall recognize as reciprocal, within that district, a certification or cross-border waiver that was issued under this Section by another district.

(L) After the provisional certificate the district shall present the individual to the state certification board for full certification or permanent cross-border waiver.

(M) The state shall certify any person presented by a school district for full certification or permanent waiver.

(N) Every three years the state board shall review the candidate submissions from the districts to evaluate the effectiveness and quality of the individual district programs.

Section 3. {Definitions.}

“Distance learning” means the transmission of educational information and interaction of geographically dispersed individuals or groups through a single medium or a combination of audio, video, and data.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}

ALEC's 1995 Sourcebook of American State Legislation