(a) An educational entity may allow a teacher who meets the definition of an effective teacher to teach a content area related to the teacher’s current licensure area, but for which the teacher is not currently licensed, under the following conditions:

1. (1) The grade level seeking to be taught shall not be more than one (1) grade above or one (1) grade below the grade level that the teacher is currently licensed in and has received an effective teacher in summative rating;
2. (2) The effective teacher licensure exception shall not be used for teaching special education;
3. (3) The educational entity has determined that the teacher meets the definition of an effective teacher;
4. (4) The teacher continues to meet the definition of an effective teacher for each school year the teacher teaches in an out-of-area assignment and for each content area taught, as reported by the educational entity to the Division of Elementary and Secondary Education; and
5. (5) The licensure exception is valid until the educational entity determines that the teacher no longer meets the definition of an effective teacher.

(b) The educational entity is not required to obtain division approval for this licensure exception but shall:

1. (1) Report the effective teacher licensure exception in the division’s data reporting system; and
2. (2) Maintain its records, under the educational entity’s records retention policy, on the determination for meeting the requirements of this section, which shall be subject to division monitoring.