Appendix II: Model Legislation

The American Association of Educators in Private Practice has proposed the following model legislation to clarify the authority of public schools to contract with a private-practice educator for instruction.

A school board may contract in writing with any partnership, corporation, sole proprietorship, cooperative, association or other legal entity for teaching or other educational services. Expenditures pursuant to such a contract will be aided under the state school-aid program.

In addition, state-policy makers may also wish to include a provision enabling schools to use non-certified teachers for the delivery of instruction provided such an individual is otherwise qualified to teach. With respect to the awarding of course credit and grades, such a teacher would have the same authority as his or her certified colleagues, and students receiving instruction from a noncertifted teacher would be able to apply their coursework toward graduation requirements and the calculation of their Grade Point Averages (GPA).