School districts across the country face the same math problem every fall: more special education vacancies than fully certified applicants. State licensing boards respond with provisional pathways (exception authorizations, permits, long-term substitute assignments) that keep an adult in the classroom while a candidate works toward full certification. These pathways solve a hiring problem. In light of recent findings from special monitoring, coupled with a new school year on the horizon, now is the time for districts to review how they supervise and support provisionally licensed staff.
In a recent special monitoring report, the Wyoming Department of Education (“WDE”) took issue with a Wyoming District's use of exception authorization ("EA") holders and long-term substitutes serving in special education capacities. WDE stated the "practice of assigning unlicensed teachers to resource rooms and program rooms must cease." The IDEA establishes minimum personnel qualifications for individuals providing special education and related services. 34 C.F.R. § 300.156. Under that regulation, special education teachers must hold full state certification without waiver on an emergency, temporary, or provisional basis. A provisional credential authorizes someone to work toward licensure, not to stand in for it.
WDE grounded its position in PTSB's October 2023 Director's Memo, which requires that an EA applicant "shall be supervised by a fully licensed educator" and that "the district accepts responsibility for ensuring the applicant completes all requirements and becomes eligible for full licensure." Significantly, WDE interprets this supervision requirement to reach any educator without full state certification, including long-term substitutes and permit holders, not just EA holders.
WDE considers direct supervision adequate only when the fully credentialed teacher (1) prepares the lessons and plans the instructional activities the unlicensed staff member carries out, (2) evaluates the progress and achievement of the students the unlicensed staff member serves, and (3) works in close and frequent proximity to the unlicensed staff member.
If WDE's position sounds different from the guidance you understood from PTSB, now is the time to evaluate your practices. A few practical steps go a long way:
Keep a simple supervision log. A brief weekly record of who planned the lessons, who reviewed student progress, and when the licensed supervisor worked in the classroom shows the district meets all three elements.
Pair every provisional staff member with a licensed educator in the same building. A quick review of assignments before the year starts catches any arrangement that relies on cross-building or once-a-week supervision.
Keep progress reporting with licensed staff. Provisional staff can collect the data; the licensed teacher interprets it and signs the IEP progress reports.
Build shared planning time into the schedule. A common planning period lets the licensed teacher prepare what the provisional staff member will deliver, and the plans themselves become the documentation.
Keep an eye on the licensure pathway. Establishing a regular system to check-in on each provisional educator's coursework and testing progress honors the district's commitment when it accepted the authorization.
While we don't yet know how far WDE will take its directive that assigning "unlicensed" staff to resource rooms and program rooms must cease, districts should prepare to review their practices now. We will keep you posted as things develop and share any new guidance that comes out. In the meantime, if you have questions, reach out to us at ksb@ksbschoollaw.com.