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Waivers: Long-Term Substitute

A school district may apply for a waiver from an administrative rule governing school accreditation. This waiver application should be utilized to waive the following:

Long-term Substitute Requirement
ARSD 24:28:01.01 (54)
"Long-term substitute" means:
(A) an individual acting as a teacher of record for no more than 45 cumulative school days in a vacant teaching position while a school district pursues a contract for a teacher; or
(B) an individual who is acting as the teacher of record for more than 45 cumulative school days when a teacher is on a temporary leave of absence if:
(1) the teacher’s leave of absence is granted pursuant to the “Family and Medical Leave Act of 1993,” 29 U.S.C. § 2601, et seq. by the school; or
(2) the individual has a valid or inactive teaching certificate.

Definition of an Inactive Certificate (will allow someone with an invalid certificate to receive an inactive certificate allowing them to meet the exemption in ARSD 24:24:01:01(54)(B)(2))

ARSD 24:28:01.01 (50) “Inactive certificate” means a certificate issued to a certificate holder with a valid certificate, who is not acting as an educator and requests the certificate become inactive for a period of five years.

Application Timeline
ARSD 24:43:08:04. Application timelines. An approved waiver shall take effect at the beginning of the next school fiscal year on July 1. The department must receive an application for a waiver at least 60 days prior to the start of a new school fiscal year July 1. A district may petition the secretary for consideration of an alternate effective date that is least 60 days after the department receives its application for a waiver. The secretary shall consider the quality of the application and the extent of its intended outcomes on student learning and enhancement of student opportunity in determining whether to grant the alternate effective date for an approved waiver.

Current Approved Waivers

There are no current waivers for Long-Term Substitute.

For questions relating to ARSD Waivers, email: