H. B. 4045
(By Delegates Mezzatesta and Williams)
[Introduced
January 15, 2004
; referred to the
Committee on Education.]
A BILL to amend and reenact §18-4-2Bill Title of the code of West Virginia,
1931, relating to requiring submission of evidence to state
superintendent that county superintendent has given required
bond and good security.Title Language
Be it enacted by the Legislature of West Virginia:
That §18-4-2Enacting Section of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-2. Qualifications; health certificate; disability; acting
superintendent.
(a) Each county superintendent shall hold a professional
administrative certificate endorsed for superintendent, or a first
class permit endorsed for superintendent, subject to the following:
(1) A superintendent who holds a first class permit may be appointed for one year only, and may be reappointed two times for
an additional year each upon an annual evaluation by the county
board and a determination of satisfactory performance and
reasonable progress toward completion of the requirements for a
professional administrative certificate endorsed for
superintendent;
(2) Any candidate for superintendent who possesses an earned
doctorate from an accredited institution of higher education and
either has completed three successful years of teaching in public
education or has the equivalent of three years of experience in
management or supervision as defined by state board rule, after
employment by the county board shall be granted a permanent
administrative certificate and shall be a licensed county
superintendent;
(3) The state board shall promulgate a legislative rule in
accordance with article three-b, chapter twenty-nine-a of this
code, to address those cases where a county board finds that course
work needed by the county superintendent who holds a first class
permit is not available or is not scheduled at state institutions
of higher education in a manner which will enable the county
superintendent to complete normal requirements for a professional
administrative certificate within the three-year period allowed
under the permit; and
(4) Any person employed as assistant superintendent or educational administrator prior to the twenty-seventh day of June,
one thousand nine hundred eighty-eight, and who was previously
employed as superintendent is not required to hold the professional
administrative certificate endorsed for superintendent.
(b) In addition to other requirements set forth in this
section, a county superintendent shall meet the following
health-related conditions of employment:
(1) Before entering upon the discharge of his or her duties,
file with the president of the county board a certificate from a
licensed physician certifying the following:
(A) A tuberculin skin test, of the type Mantoux test (PPD skin
test), approved by the director of the department of health, has
been made within four months prior to the beginning of the term of
the county superintendent; and
(B) The county superintendent does not have tuberculosis in a
communicable state based upon the test results and any further
study;
(2) After completion of the initial test, the county
superintendent shall have an approved tuberculin skin test once
every two years or more frequently if medically indicated.
Positive reactors to the skin test are to be referred immediately
to a physician for evaluation and indicated treatment or further
studies;
(3) A county superintendent who is certified by a licensed physician to have tuberculosis in a communicable stage shall have
his or her employment discontinued or suspended until the disease
has been arrested and is no longer communicable; and
(4) A county superintendent who fails to complete required
follow-up examinations as set forth in this subsection shall be
suspended from employment until a report of examination is
confirmed.
(c) Each county board shall submit evidence to the state
superintendent in such form as prescribed by the state
superintendent that the county superintendent has given bond with
good security as required pursuant to section ten, article two,
chapter six of this code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.