On June 4, 2020, the Nebraska Department of Education issued guidance for how Educator Certification staff at the Department would work with applicants for the 2020-21 school year who had not passed or taken the content test required for their endorsements due to the COVID-19 Pandemic. The Department issued a conditional permit with an expiration date of May 31, 2021, in two situations:
For new applicants who did not present a passing content test score but who had been offered a position at a Nebraska school system.
For all other applicants who did not present a passing content test score, were offered employment in a Nebraska school system, and previously held a conditional or provisional permit because they were missing a passing content test score.
The guidance also states: “A conditional permit becomes void after it expires, after a new certificate or permit is issued, or if it is determined that applicant does not meet the requirements for issuance of a Nebraska certificate or permit.”
We recently communicated with Clayton Waddle, the Director of Educator Certification Office of Accountability, Accreditation, & Program Approval, regarding conditional permits for the 2021-22 school year and learned two important points.
The Department does not plan to extend the conditional permit expiration date of May 31, 2021 for individuals who do not provide a passing test score. If a conditional permit does expire, a new application would need to be submitted along with passing test scores in order for the person to move forward with their regular certificate. In the absence of a passing test score, at best the individual might be eligible for a state substitute permit.
The Department will continue to provide access to the conditional permit for new (first-time) applicants who may be missing items prior to the beginning of the 2021-2022 school year as they have in the past.
So what’s the big deal? State law only allows school boards to enter into employment contracts with legally qualified teachers. In order to be a “legally qualified teacher,” the individual must possess one of the certificates discussed in sections 79-806 through 79-815 or otherwise issued by the Nebraska Commissioner of Education. If a school employs an uncertificated teacher, the Commissioner is required to notify the county treasurer to withhold all school money belonging to the district until the teacher has obtained his or her certificate or been dismissed by the board! Further, board members can be found personally liable for all public money paid to teachers or administrators who are not qualified under sections 79-806 to 79-815!!
Given the potentially serious consequences, it is vital that school administrators review the expiration dates of their staff’s certificates well in advance of the beginning of the 2021-22 school year to ensure a smooth beginning to the new school year. On March 25, 2021, Mr. Waddle sent out an email to every superintendent in the state announcing that access to TEACH (The Educator Application and Certification Hub) at the district level is now available. With access to the system, you will be able to track the application progress of anyone who has been reported as a certificated staff member in ADVISER or by others who have chosen your district on their dashboard. At the district level, you will also be able to view much of the same information for a certificated substitute, teacher, or administrator. As of this writing, only about one-third of the school districts in the state have registered. We strongly encourage you to get registered and track your staff if you have not done so already. You may register here.
If you have any questions about conditional teaching certificates or teacher certification, please don’t hesitate to reach out to us at ksb@ksbschoollaw.com or (402) 804-8000.