MDE Revises Guidance on Elementary Instructional Assignments

MDE recently revised its 2011 guidance on “Appropriate Instructional Assignments for Elementary Certified Teachers.” A copy of the new guidance is available on our website link at www.thrunlaw.com/links.

A person who holds an elementary teach­ing certificate issued before September 1, 1988, may teach all subjects in grades K-8. A person who holds an elementary teaching certificate issued after September 1, 1988 may teach all subjects in grades K-5, content endorsements in grades 6-8, and all subjects in a K-8 self-contained classroom. A person who holds a secondary certificate issued before September 1, 1988 may teach all subjects in grades 7-8 and in the subject areas specified by their endorsements. A person who holds a secondary certificate issued after September 1, 1988, may teach only in the subject areas specified by their endorsements.

The guidance also provides that individuals who hold only ZS or ZA endorsements may not teach K-12 special education without also holding a specific spe­cial education endorsement and may not teach K-5 without also holding a separate elementary teaching certificate.

The guidance notes that federal Highly Qualified requirements still apply, and nothing in the guidance should be interpreted in a way that modifies the fed­eral Highly Qualified requirements.

It is important to ensure that all teachers in your district are certified for their assigned classes. Each class must be taught by a certificated teacher or a le­gally-qualified substitute teacher. In February of 2014, MDE issued guidance alerting districts that it will begin increased monitoring of the use of non-certificated teachers. MDE’s guidance clarified that, in the case of non-certificated teachers, MDE will adjust the foundation allowance for any student membership FTE associated with the teacher and will make a school aid adjustment equal to the salary paid during the period of non-certificated or illegal employment.

Given the significant financial penalties associated with using non-certificated teachers, we strongly rec­ommend that school officials establish a process to ensure that only properly certified teachers are providing instruction.  In the February 27, 2014 edi­tion of School Law Notes, we recommended that school officials use annual reminders to teachers with pend­ing expiration dates and that they create a spreadsheet matching each teacher with a certification expiration date, endorsements, and grade levels they can teach. While teachers have the responsibility to maintain their certification, school officials should consider tak­ing all necessary steps to ensure teacher certification requirements are met to avoid steep financial penal­ties.