LEGAL OPINIONS

CLARIFICATION OF ATTORNEY GENERAL'S OPINION

Miss Emily D. Reeves, President
Kentucky Unit of the Association for Student Teaching
Centre College of Kentucky
Danville, Kentucky

Dear Miss Reeves:

This is in response to your letter of January 11 concerning OAG 63-269 generally and the following statement therein specifically, to wit: "While the student teacher is working with the class, the regularly employed certified teacher must remain in a supervisory capacity . . ." You inquire if the quoted statement should be interpreted to mean that the certified teacher must be physically present in the classroom while a student teacher is instructing the children.

This is to advise that it is not necessary for the regularly employed teacher to be physically present in the classroom. However, she should be close by so that she can supervise the work of the student teacher. This supervision could take place with the regular teacher outside the classroom by the use of various techniques. In some schools, where facilities are available, the regular teacher could supervise the student teacher by looking through a one-way glass partition. The regular teacher could monitor the class via the public communication system. These are only two examples of numerous ways in which the student teacher could acquire the much needed opportunity to be alone with the class and yet remain under the supervision of the regular teacher.

We hope that the foregoing statements have clarified rather than confused. If additional information is needed, please advise.

Sincerely yours,

Ray Corns, Director Division of Legal Services

To further clarify the status of a student teacher in the public school, the 1972 session of the General Assembly of the Commonwealth of Kentucky enacted the following legislation:

Kentucky Revised Statutes - 161.042 (3)

"A student teacher who is jointly assigned under agreement by a teacher education institution and a local board of education shall have the same legal status and protection as a certificated teacher employed within the school district but shall be subject to the direction and supervision of the professional administrative and teaching staff of the school district."

FURTHER CLARIFICATION BY ATTORNEY GENERAL TO KRS 161.042

Mr. Dan C. McCubbin
Attorney at Law
Suite 546, Starks Building
455 South Fourth Street
Louisville, Kentucky 40402

Dear Mr. McCubbin:

You have requested an opinion of this office on two questions which we will answer seriatim:

(1) Whether KRS 161.042(3) when it states that student teachers "shall have the same legal status and protection as a certified teacher employed within the school district . . ." means that said teacher would be subject to tort liability.

A student teacher may be held liable for his negligent acts or omissions the same as a regular teacher except that a student's actions would have to be judged in the light of the fact that he is acting under the direction and supervision of a teacher. In OAG 74-883, copy enclosed, we pointed out the standard by which a teacher's actions are to be evaluated in regard to negligence is the same as for any other person, to wit: what a reasonable person would do under the circumstances.

(2) Whether a student teacher can perform the services of a student teacher in the absence of a regular classroom teacher.

Our answer is negative. KRS 161.042 reads as follows:

"A student teacher who is jointly assigned under agreement by a teacher education institution and a local board of education shall have the same legal status and protection as a certified teacher employed within the school district and shall be subject to the direction and supervision of the professional administration and teaching staff of the school district."

Since the foregoing statute provides that a student teacher shall be subject to the direction and supervision of the teaching staff of the school district, we believe the legislative intent is that a regular teacher must be present in the classroom when a student teacher is teaching. We believe that a student teacher is not qualified or authorized to serve as a substitute teacher. A student teacher does not have a regular or an emergency certificate from the State Department of Education and is therefore not authorized to teach except under the supervision of a certificated teacher.

Yours very truly,

ED W. HANCOCK ATTORNEY GENERAL

By: Carl Miller Assistant Attorney General 1. ' 2.