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



(1)  Hiring, except in emergency situations as
described in this chapter, licensed teachers to teach in their fields of
licensing;



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



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



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



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



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



(D)  Notwithstanding subparagraph (3)(C),
unlicensed individuals who have been hired on an emergency basis prior to July
1, 2008, shall attain licensure no later than four years from the date of their
employment;



(4)  Submitting an annual report to the board
documenting:



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



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



(C)  Individual progress toward licensing; and



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



(5)  Providing any other information requested by the
board that is pertinent to its powers and duties. [L 1996, c 89, pt of §2; am L
2001, c 312, pt of §10; am L 2008, c 125, §2]