COMMITTEE SUBSTITUTE
FOR
H. B. 2967
(By Delegates M. Poling, Paxton and Michael)
(Originating in the Committee on Finance)
[February 23, 2010]
A BILL to amend and reenact §18A-4-2a and §18A-4-2b
of the Code of
West Virginia, 1931, as amended, all relating to national
certification of teachers and professional personnel
generally; continuing salary bonus for renewed National Board
of Professional Teaching Standards Certificates; providing for
reimbursement of renewal fees; continuing bonus eligibility if
a holder accepts employment as principal or in another school
or board level instructional leadership position; and
continuing the salary supplement for nationally-certified
professional personnel.
Be it enacted by the Legislature of West Virginia:
That §18A-4-2a and §18A-4-2b
of the Code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2a. State minimum salary bonus for classroom teachers with
national board certification.
(a) The Legislature hereby finds and declares that the
rigorous standards and processes for certification by the National
Board for Professional Teaching Standards (NBPTS) helps help to
promote the quality of teaching and learning. Therefore, classroom
teachers in the public schools of West Virginia should be
encouraged to achieve and maintain national board certification
through a reimbursement of expenses and an additional salary bonus
which reflects their additional certification, to be paid in
accordance with the provisions of this section.
(b) (1) Three thousand five hundred dollars shall be paid
annually to each classroom teacher who holds a valid certificate
issued by the National Board of Professional Teaching Standards for
the life of the certification, but in no event more than ten years
for any one certification.
(2) Three thousand five hundred dollars shall be paid annually
to each classroom teacher who holds a valid renewal certificate
issued by the National Board of Professional Teaching Standards for
the life of the renewal certificate, but in no event more than ten
years for any one renewal certificate.
(c) The payments:
(1) Shall be in addition to any amounts prescribed in the
applicable state minimum salary schedule;
(2) Shall be paid in equal monthly installments; and
(3) Shall be considered a part of the state minimum salaries
for teachers.
(d) For initial certification, one-half the certification fee shall be paid for reimbursement once to each teacher who enrolls in
the program for the National Board for Professional Teaching
Standards certification and one-half the certification fee shall be
paid for reimbursement once to each teacher who completes the
National Board for Professional Teaching Standards certification.
Completion shall be defined as the completion of ten scorable
entries, as verified by the National Board for Professional
Teaching Standards. Teachers who achieve National Board for
Professional Teaching Standards certification may be reimbursed a
maximum of $600 for expenses actually incurred while obtaining the
National Board for Professional Teaching Standards certification.
(e) For renewal certification, each teacher who completes the
National Board for Professional Teaching Standards certification
renewal process shall be reimbursed for the renewal certification
fee. Completion of the certification renewal process means the
successful renewal of the ten-year NBPTS certification as verified
by the National Board for Professional Teaching Standards.
(e) (f) The state board shall limit the number of teachers who
receive the initial reimbursements of the certification fees are
reimbursed for the first one half of the fee for initial
certification, as set forth in subsection (d) of this section, to
two hundred teachers annually. The state board shall establish
selection criteria for the teachers by the legislative rule
required pursuant to subsection (g) (i) of this section.
(f) (g) Subject to the provisions of subsection (e) (f) of
this section, funding for reimbursement of the certification fee and expenses actually incurred while obtaining the National Board
for Professional Teaching Standards certifications shall be
administered by the State Department of Education from an
appropriation established for that purpose by the Legislature. If
funds appropriated by the Legislature to accomplish the purposes of
this subsection are insufficient, the state department shall
prorate the reimbursements for expenses and shall request of the
Legislature, at its next regular session, funds sufficient to
accomplish the purposes of this subsection, including needed
retroactive payments.
(h) A classroom teacher who holds certification by the
National Board for Professional Teaching Standards and accepts
employment as a principal, an assistant principal, or in another
instructional leadership position at either the school or board
level, shall remain eligible for the additional salary bonus for
NBPTS certification for the life of the certificate held.
(g) (i) The state board shall promulgate legislative rules
pursuant to article three-b, chapter twenty-nine-a of this code to
implement the provisions of this section.
§18A-4-2b. State minimum salary supplement and educational expense
reimbursement for professional personnel with
recognized national certification in speech-language
pathology, audiology, counseling, school psychology
or school nursing.
(a) (1) The Legislature finds that achieving a nationally recognized professional certification in speech-language pathology
or audiology involves a rigorous process of demonstrating both
knowledge and skills and results in highly trained and capable
employees. Individuals who attain national professional
certification by the American Speech-Language-Hearing Association
provide needed and essential services to the school students of
this state. Individuals should be encouraged to achieve and
maintain the national professional certification through
reimbursement of expenses and a salary bonus which reflects their
additional certification.
(2) The Legislature finds that the rigorous standards and
processes for advanced certification by either the National Board
of Certified Counselors or the West Virginia Board of Examiners in
Counseling helps help to promote the quality of counseling in
schools. Counselors in the public schools of West Virginia should
be encouraged to achieve and maintain the advanced certification
through reimbursement of expenses and a salary bonus that reflects
their additional certification.
(3) The Legislature finds that achieving a nationally
recognized professional certification in school psychology involves
a rigorous process of demonstrating competencies in scientific
research-based knowledge and skills. School psychologists provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. Individuals who attain national
professional certification by the National Association of School
Psychologists provide services to students, families and school systems in this state. School psychologists should be encouraged
to achieve and maintain this national professional certification
through reimbursement of expenses and a salary bonus which reflects
their additional certification.
(4) The Legislature finds that achieving a nationally
recognized professional certification in school nursing involves a
rigorous process of demonstrating competencies in health care and
nursing applications, knowledge and skills. School nurses provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. School nurses who attain
national professional certification by the National Board for
Certification of School Nurses provide services to students,
families and school systems in this state. School nurses should be
encouraged to achieve and maintain this national professional
certification through reimbursement of expenses and a salary bonus
which reflects their additional certification.
(5) Therefore, the purpose of this section is:
(A) To provide a statewide salary supplement for certain
professional personnel employed in the public schools who hold
nationally recognized professional certification in speech-language
pathology, audiology, counseling, school psychology or school
nursing;
(B) To treat these professional certifications equally;
(C) To encourage others to attain such a certification; and
(D) To help school systems recruit these highly qualified
professionals.
(b) In addition to any amounts prescribed in the applicable
state minimum salary schedule, any professional personnel who hold
national certification or other credential as provided in this
section shall be paid an annual salary supplement of $2,500. The
payment is:
(1) To be made in equal monthly installments;
(2) To be considered a part of the state minimum salaries for
teachers; and
(3) To continue for the life of the certification, or for ten
years for any one certification, whichever first expires or the
life of the renewal certification.
(c) Professional personnel employed as speech-language
pathologists, audiologists, counselors, school psychologists or
school nurses are eligible upon enrollment for reimbursement for
one-half of the fee for certification in accordance with this
section. In addition, these personnel are eligible upon attainment
of the certification for reimbursement of the remainder of the
application fee plus other expenses actually incurred toward
attainment of the certification, not exceeding $600, upon approval
by the Department of Education. Not more than one hundred fifteen
speech-language pathologists, audiologists, counselors, school
psychologists and school nurses, combined total, are eligible for
reimbursement in any one fiscal year.
(d) Notwithstanding subsection (b) of this section, for the
school year beginning July 1, 2008, the number of speech-language
pathologists, audiologists, counselors, school psychologists and school nurses paid the annual salary supplement provided for in
said subsection may not exceed the number of speech-language
pathologists, audiologists and counselors eligible to be paid the
annual salary supplement under the provisions of this section in
effect during the school year beginning July 1, 2007, by more than
one hundred fifteen qualified recipients, and the total amount of
qualified recipients may not increase thereafter by more than one
hundred fifteen in each subsequent fiscal year.
(e) The state board shall promulgate a legislative rule
establishing criteria for selection of the individuals eligible for
reimbursement and a salary supplement in accordance with this
section. The selection criteria shall prioritize the length of
time the certification has been held and the years of experience of
the holder in determining eligibility.
(f) The state board shall report the rule to the Legislative
Oversight Commission on Education Accountability by the January,
2009, legislative interim meeting period and shall report on its
progress in developing the rule to the commission during prior
interim meetings as requested.
(g) No provision of this section may be construed to require
any appropriation, or any specific level of appropriation, by the
Legislature, or payment of any supplement or reimbursement
described in this section for which a specific appropriation has
not been made.
(h) Notwithstanding any other provision of this section or the
provisions of section two-a of this article, professional personnel may not be paid a salary supplement pursuant to the provisions of
both said sections.