§ 49.85. Limitations.
(a) Instructional certificates issued before January 1, 2013, remain valid for the term of the certificate for the grade spans and age levels outlined in items paragraphs (1)—(6). For instructional certificates issued before January 1, 2013, the grade level limitations shall be the following:
(1) Early childhood (prekindergarten, kindergarten, grades one through three or ages 3 through 8).
(2) Elementary (kindergarten, grades one through six or ages 4 through 11).
(3) Middle level (grades six through nine or ages 11 through 15).
(4) Secondary (grades seven through twelve or ages 11 through 21).
(5) Specialized areas (prekindergarten through grade 12 or up to age 21).
(6) Special education (prekindergarten through grade 12 or up to age 21).
(b) For instructional certificates issued on or after January 1, 2013, the grade level limitations shall be the following:
(1) Early Childhood (prekindergarten, kindergarten, grades one through four or ages 3 through 9).
(2) Elementary/Middle (grades four through eight or ages 9 through 14). Elementary/Middle Certificates permit instruction in any subject in grades four, five and six and in a core academic subject or subjects in grades seven and eight.
(3) Secondary (grades seven through twelve or ages 11 through 21).
(4) Specialized Areas (prekindergarten through grade twelve or up through age 21).
(5) Special Education—PK—8 (prekindergarten through grade eight (ages 3 through 14)). Applicants for this certificate shall also obtain certification in one of the following certificates:
(i) Early Childhood—in accordance with paragraph (1).
(ii) Elementary/Middle—in accordance with paragraph (2).
(iii) Reading Specialist—in accordance with paragraph (4).
(6) Special Education—7—12 (grades seven through twelve (ages 11 through 21)). Applicants for this certificate shall also obtain certification in one of the following certificates:
(i) Secondary—in accordance with paragraph (3).
(ii) Reading Specialist—in accordance with paragraph (4).
(7) Special Education Hearing Impaired, Visually Impaired and Speech/Language Impaired Certificates (prekindergarten, kindergarten, grades one through twelve or ages 3 through 21).
(c) Instructional certificates issued beginning January 1, 2013, through December 31, 2021, remain valid for the term of the certificate for the grade spans and age levels outlined in subsection (b) paragraphs (1)—(7).
(d) For instructional certificates issued on or after January 1, 2022, the grade level limitations shall be the following:
(1) Early Childhood (prekindergarten, kindergarten, grades one through four or ages 3 through 9).
(2) Elementary/Middle (grades four through eight or ages 9 through 14). Elementary/Middle Certificates permit instruction in any subject in grades four, five and six and in a core academic subject or subjects in grades seven and eight.
(3) Secondary (grades seven through twelve or ages 11 through 21).
(4) Specialized areas (prekindergarten through grade twelve or up through age 21).
(5) Special Education PK—12 (prekindergarten through grade 12 or under 21 years of age). Applicants for this certificate are not required to obtain any additional certificates.
(6) Special Education Hearing Impaired, Visually Impaired and Speech/Language Impaired Certificates (prekindergarten, kindergarten, grades one through twelve or a person 3 years of age and a person under the age of 21).
(e) The decision about staffing based on age or grade level rests with the school entity.
(f) The Secretary may grant exceptions to the grade and age level limitations between Early Childhood (subsection (b)(1)), Elementary/Middle (subsection (b)(2)), Special Education—PK—8 (subsection (b)(5)) and Special Education—7—12 (subsection (b)(6)) for individual teachers on a case-by-case basis. The school entity shall submit a written request to the Secretary that provides justification for the exception. The Secretary will set a time limit for each individual exception granted. The Secretary will issue guidelines that outline the circumstances under which exceptions will be granted.
(g) When a school district contracts with a community provider for the provision of prekindergarten services, prekindergarten teachers providing the services shall possess a certificate in early childhood as provided in subsection (a)(1) or subsection (b)(1) within the following time frame:
(1) For contracts in place prior to September 22, 2007, September 24, 2012.
(2) For first-time contracts, 5 years from the start of services.
(h) The Secretary may grant exceptions in response to shortages of certified personnel that apply Statewide to specific provisions of this section when it is necessary to facilitate transition to the revised provisions scheduled to become effective on January 1, 2022. Exceptions may be granted under the following conditions:
(1) The Secretary will provide a written certification to the Board that includes relevant information and justification of the need for the exception. If the Board does not disapprove the exception within 90 days of receipt of the certification, the exception will stand approved.
(2) The exception will be valid for a limited term not to exceed 3 years.
(3) The Secretary will report annually to the Board on the nature and status of exceptions made under this section.
Source The provisions of this § 49.85 amended September 24, 1999, effective September 25, 1999, 29 Pa.B. 4954; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3655; amended September 21, 2007, effective September 22, 2007, 37 Pa.B. 5150; amended April 22, 2022, effective April 22, 2022, 52 Pa.B. 2451. Immediately preceding text appears at serial pages (404331) to (404332) and (372243).
Notes of Decisions Preschool
A teacher who teaches preschool, special education classes administered by the Intermediate Unit and the Department of Education is covered by the certification provisions of this section and is entitled to use her previous 2 years in the preschool program for the purpose of obtaining the status of professional employe based merely upon having taught in a preschool environment. Haibach v. Northwest Tri-County Intermediate Unit No. 5, 471 A.2d 914 (Pa. Cmwlth. 1984).
Cross References This section is cited in 22 Pa. Code § 4.20 (relating to prekindergarten education).
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