Section 6-17-309 - Licensure - Waiver(a)(1) A class of students shall not be under the instruction of a teacher who is not licensed to teach the grade level or subject matter of the class for more than sixty (60) consecutive school days in the same class during a school year.(2) This subsection shall not apply to: (A) Nondegreed vocational-technical teachers;(B) Individuals approved by the Division of Elementary and Secondary Education to teach the grade level or subject matter of the class in the Division of Elementary and Secondary Education's distance learning program;(C) Individuals teaching concurrent credit courses or advanced placement courses who:(i) Are employed by a postsecondary institution;(ii) Meet the qualification requirements of a postsecondary institution or the Division of Career and Technical Education; and(iii) Are teaching in a course in which credit is offered by an institution of higher education or a technical institute;(D) Licensed teachers teaching in one (1) of the following settings: (i) An alternative learning environment;(ii) A juvenile detention facility;(iii) A residential and day alcohol, drug, and psychiatric facility program;(iv) An emergency youth shelter;(v) A facility of the Division of Youth Services; or(vi) A facility of the Division of Developmental Disabilities Services;(E) Licensed special education teachers who are teaching two (2) or more core academic subjects exclusively to children with disabilities; or(F) Teachers who are working under an Aspiring Teacher permit for a period of time not to exceed one (1) academic year or two (2) consecutive semesters.(b)(1) If this requirement imposes an undue hardship on a school district, the school district may apply to the State Board of Education for a waiver.(2) The state board shall develop rules for granting a waiver.(3) Any school district that obtains a waiver shall send written notice of the assignment to the parent or guardian of each student in the classroom no later than the sixtieth school day after the date of the assignment.Amended by Act 2023, No. 732,§ 1, eff. 8/1/2023.Amended by Act 2019, No. 315,§ 228, eff. 7/24/2019.Amended by Act 2019, No. 910,§ 1370, eff. 7/1/2019.Amended by Act 2019, No. 910,§ 1369, eff. 7/1/2019.Amended by Act 2013, No. 1138,§ 33, eff. 8/16/2013.Acts 2001, No. 1623, § 1; 2005, No. 2151, § 16; 2007, No. 1007, § 1; 2007, No. 1573, § 22.