1. (a) A person employed as a temporary substitute for a licensed teacher in an educational entity shall:

   1. (1) Be a high school graduate; or
   2. (2) Hold a high school equivalency test certificate.

2. (b) No class of students in any public school shall be under the instruction of a substitute teacher for more than sixty (60) consecutive instructional days in the same class during a school year unless the substitute teacher instructing the class has:

   1. (1) A bachelor's or higher degree awarded by an accredited college or university; or
   2. (2) A license issued by the State Board of Education.

3. (c)

   1. (1) An educational entity shall request a long-term substitute waiver for each semester, not to exceed two (2) consecutive semesters, to employ a substitute teacher whenever a class of students will be receiving instructions from the substitute teacher for longer than sixty (60) consecutive instructional days unless the substitute is fully licensed in Arkansas for areas in which the substitute is employed.
   2. (2) A substitute teacher may not provide instruction to any student for longer than two (2) semesters.
4. (d) The district superintendent or charter school director shall send written notice of the assignment of a substitute teacher to an out-of-area position to the parent or guardian of each student in the teacher’s classroom no later than sixty (60) consecutive instructional days after the date of the assignment.

5. (e)

   1. (1) Before the long-term substitute begins employment, he or she shall successfully complete the state and federal criminal records checks and the Child Maltreatment Central Registry check in accordance with the Rules Governing Background Checks, 6 CAR pt. 194.
   2. (2) Prior to employment, a long-term substitute must also provide proof that he or she has obtained a bachelor’s degree.
   3. (3) Proof of the bachelor’s degree must accompany the request sent to the Division of Elementary and Secondary Education for approval of employment of a long-term substitute.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote as follows: “Source: Ark. Code Ann. § 6-17-309”