(a) The term ``employee employed in a bona fide professional
capacity'' in section 13(a)(1) of the Act also means any employee with
a primary duty of teaching, tutoring, instructing or lecturing in the
activity of imparting knowledge and who is employed and engaged in this
activity as a teacher in an educational establishment by which the
employee is employed. The term ``educational establishment'' is defined
in Sec. 541.204(b).
(b) Exempt teachers include, but are not limited to: Regular
academic teachers; teachers of kindergarten or nursery school pupils;
teachers of gifted or disabled children; teachers of skilled and semi-
skilled trades and occupations; teachers engaged in automobile driving
instruction; aircraft flight instructors; home economics teachers; and
vocal or instrumental
music instructors. Those faculty members who are engaged as teachers
but also spend a considerable amount of their time in extracurricular
activities such as coaching athletic teams or acting as moderators or
advisors in such areas as drama, speech, debate or journalism are
engaged in teaching. Such activities are a recognized part of the
schools' responsibility in contributing to the educational development
of the student.
(c) The possession of an elementary or secondary teacher's
certificate provides a clear means of identifying the individuals
contemplated as being within the scope of the exemption for teaching
professionals. Teachers who possess a teaching certificate qualify for
the exemption regardless of the terminology (e.g., permanent,
conditional, standard, provisional, temporary, emergency, or unlimited)
used by the State to refer to different kinds of certificates. However,
private schools and public schools are not uniform in requiring a
certificate for employment as an elementary or secondary school
teacher, and a teacher's certificate is not generally necessary for
employment in institutions of higher education or other educational
establishments. Therefore, a teacher who is not certified may be
considered for exemption, provided that such individual is employed as
a teacher by the employing school or school system.
(d) The requirements of Sec. 541.300 and Subpart G (salary
requirements) of this part do not apply to the teaching professionals
described in this section.
