§302A-804  Powers and duties of thedepartment.  [Repeal and reenactment on July 1, 2011.  L 2008, c 125, §4.] The department shall retain all of its rights and powers except for theauthority provided to the board under this subpart.  The department's powersand duties under this subpart shall be limited to:

(1)  Hiring, except in emergency situations asdescribed in this chapter, licensed teachers to teach in their fields oflicensing;

(2)  Reporting data annually to the board about thesupply of, and demand for, teachers, including the identification of shortageareas, out-of-field teaching assignments, numbers of teachers teachingout-of-field, numbers and types of courses and classes taught by out-of-fieldteachers, and numbers and types of students taught by out-of-field teachers;

(3)  On an emergency and case-by-case basis, hiringunlicensed individuals; provided that:

(A)  A list of the names, work sites, teachingassignments, and progress toward licensing of these individuals shall bereported to the board and any changes shall be updated on a monthly basis bythe department;

(B)  There are no properly licensed teachersfor the specific assignments for which the individuals are being hired;

(C)  No individual may be employed by thedepartment on an emergency basis for more than three years.  During this time,the individual shall demonstrate active pursuit of licensing in each year ofemployment; and

(D)  Notwithstanding subparagraph (3)(C),unlicensed individuals who have been hired on an emergency basis prior to July1, 2008, shall attain licensure no later than four years from the date of theiremployment;

(4)  Submitting an annual report to the boarddocumenting:

(A)  The number of emergency hires by subjectmatter areas and by schools;

(B)  The reasons and duration of employment forthe emergency hiring enumerated in subparagraph (A);

(C)  Individual progress toward licensing; and

(D)  The department's efforts to address theshortages described in subparagraph (A); and

(5)  Providing any other information requested by theboard that is pertinent to its powers and duties. [L 1996, c 89, pt of §2; am L2001, c 312, pt of §10; am L 2008, c 125, §2]