§3388.  Fluency in the English language; faculty; evaluation; certification; penalties

A.(1)  After September 1, 1992, no member of the instructional faculty who has failed to demonstrate fluency in the English language shall teach any course in any public college or university.  The higher education management boards shall adopt and implement procedures that are consistent with Board of Regents policy to assess and certify the English fluency of every member of the instructional faculty.

(2)  Certification shall be submitted to the Board of Regents in the form and manner it prescribes.  Such submission, however, shall occur not later than one year following the employment of a member of the instructional faculty.

B.  "Instructional faculty" as used in this Section shall mean every member of an institution of higher education, other than visiting faculty but including graduate teaching assistants, who teaches one or more undergraduate credit courses.  However, nothing in this Section shall be interpreted to include the requirement of English fluency instruction in any of the following courses:

(a)  Foreign language courses or courses designed to be taught predominately in a foreign language.

(b)  Student participatory and activity courses such as clinics, studios, seminars, and laboratories.

(c)  Special arrangement courses such as individualized instruction and independent study courses.

(d)  Continuing education courses.

Acts 1991, No. 754, §1.