S105 - 2021 Appropriations Act. (SL 2021-180)

Overview: Section 7.78 of S.L. 2021-180 clarifies the definition of "teacher vacancy" for the purposes of the annual State of the Teaching Profession Report (Report) submitted by the State Board of Education. A teacher vacancy includes a position that a local board of education is unable to fill with a teacher licensed in the subject area, including a position that meets any of the following criteria:

• Is not filled by a teacher who has one of the following licenses in the subject area of the position: continuing professional license, initial professional license, lifetime license, limited license, or residency license.
• Is not filled by a licensed teacher in a permanent assignment.
• Is filled by a substitute teacher or interim teacher.
• Is filled by a teacher with an emergency license or another permit or license not otherwise listed.

Additionally, the Report must include the number of teachers in each of the following categories, by subject area, aggregated to provide statewide information and information specific to each local school administrative unit and school: (i) continuing professional license, (ii) initial professional license, (iii) lifetime license, (iv) limited license, (v) residency license, and (vi) emergency license.

By December 15, 2021, the Department of Public Instruction must provide guidance to local school administrative units on positions considered vacant for the purposes of the Report. The guidance must include the following direction:

• A teaching position filled by a teacher with a lateral entry license is not considered vacant.
• A teaching position filled by a teacher who has been issued a permit to teach is considered vacant.

The Report for the 2021-2022 school year must be submitted by no later than January 15, 2022.

This section became effective November 18, 2021.