49-5-5209. Additional duties of career level teachers.

(a) (1)  A career level I teacher would be eligible for assignment by the principal to supervise and assist student interns and probationary teachers as an additional responsibility. 

(2) A career level II teacher shall be subject to assignment by the system superintendent to work with gifted or remedial students or in other student enrichment programs as an additional responsibility in accordance with the plan required in subsection (b). Such teacher may also, at the discretion and direction of the principal, supervise and participate in the skills development of apprentice teachers. A career level II teacher who has appropriate training and experience shall be subject to assignment by the system superintendent to work with special needs students. 

(3) A career level III teacher, at the direction of the principal, shall, as an additional responsibility, supervise and assist in the skills development of apprentice and career level I teachers. Teachers with eleven (11) or twelve-month contracts shall be assigned, as an additional responsibility, to work with remedial or gifted students according to the plan required in subsection (b), or in other student enrichment programs designed by the local board of education. A career level III teacher who has appropriate training and experience shall be subject to assignment by the system superintendent to work with special needs students. 

(4) In addition to the foregoing, career level II and III teachers may perform other activities consistent with the plan called for in subsection (b), including, but not limited to, teaching in the adult education and literacy program and teaching in or administering before-and-after school care programs authorized by § 49-2-203(b)(11). 

(b) (1)  Each local education agency shall conduct an annual needs assessment to determine the focus of the extended contract activities authorized by this section. Priority for such activities shall be student needs, with school and teacher needs of secondary importance. Subject to guidelines developed by the commissioner of education and approved by the state board of education, each local education agency shall have an extended contract committee consisting of teachers, including one (1) career level II or III teacher where possible, and administrators, which, as determined by the local board of education, shall conduct or assist in the needs assessment and advise on or certify to the need for specific programs served through extended contracts. Each local superintendent shall devise a plan consistent with the needs and abilities of the district to utilize the additional months of service which may be required from teachers in accordance with the provisions of this section. Such plans shall include, but not be limited to: 

(A) Enrichment programs for gifted and talented students; 

(B) Programs to enhance adult literacy and education; 

(C) Administering and conducting before-and-after school care programs provided through the board; 

(D) Programs relative to students who are at risk of dropping out of school; 

(E) Parent involvement projects aimed at assisting and improving their children's performance at school; 

(F) Extended programs for the full range of handicapped students; 

(G) Developmental or remediation programs for students according to their needs; 

(H) Enrichment programs in academic projects for all students or activities that will best utilize the particular talents and qualifications of the career level II and III teachers and meet the needs of the local school population; and 

(I) Discipline programs for disruptive students before and after school and on Saturdays. 

(2) The plan shall also include the time periods in which the programs and activities shall occur. If at all possible, each system shall include a summer program in order to fully employ those teachers on eleven (11) and twelve-month contracts. Only if a superintendent and local board of education certify that it would not be feasible to finance the cost of attendance by students in the summer months may a plan be devised to utilize extra time each day, or during weekends or holidays to offer such programs, instead of summer sessions. A plan may, however, include enrichment or other programs at any time. 

(3) The local superintendent shall submit the plan to the local board of education, and the local board, upon approval, shall submit the plan to the department of education. The plan shall be reviewed by the department and accepted or rejected on its merits. The department shall provide technical assistance in all areas of local extended contract program development, monitor and evaluate all extended contract programs, and establish a system to disseminate information about such programs. 

(c)  If a local education agency finds that it cannot offer a summer program, and if its plan for additional activities during the regular school year is accepted, career level II and career level III teachers on eleven (11) and twelve-month contracts shall not be required to perform remedial or enrichment work during the summer months if the commissioner is satisfied that the work performed by the teacher otherwise is sufficient to satisfy the additional responsibilities under parts 50-57 of this chapter.

(d) (1)  Beginning June 1, 1989, extended contract opportunities authorized by this section shall be available to all educators. 

(2) Appropriately licensed educators with career level II and III status shall be given priority of opportunity to participate in extended contract activities. When extended contract positions cannot be filled by career level II and III educators, other educators may be used. 

(e)  The local education agency which develops a discipline program in accordance with subdivision (b)(1)(I) shall determine the circumstances in which a student would be assigned to the program, the times the student would have to report and what type of educational requirements will be imposed on a student or what type of assistance, if any, will be provided to a student who would be required to report.  The program shall contain a requirement that the parents or legal guardian of the student be notified in writing at least one (1) week before the student is required to report.  The notice shall state the date and times the student is required to report and the reason the student is participating in the discipline program. In addition, the notice shall state that if the parent or legal guardian fails to cooperate with the school personnel to make sure the parent's or legal guardian's child reports as required, the parent or legal guardian may be subject to a civil penalty of up to ten dollars ($10.00) a day for each day the child does not report to the program, plus the payment of court costs to be assessed by the juvenile court. Any civil penalty assessed by the court shall be collected and forwarded to the LEA in which the student is enrolled, to be used by such LEA for counseling services and materials. 

[Acts 1984 (1st E.S.), ch. 7, § 34; 1984, ch. 829, § 19; 1988, ch. 740, §§ 5-9; 1989, ch. 37, §§ 3, 4; 1994, ch. 929, §§ 1, 2.]