ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4117
(By Delegate Browning)
[Passed March 8, 2008; in effect July 1, 2008.]
AN ACT to amend and reenact §18A-4-2b of the Code of West Virginia,
1931, as amended, relating to providing the state minimum
salary supplement and the reimbursement of educational
expenses to school psychologists and school nurses for
achieving certain national certifications; increasing the
number of certificate holders who are eligible for the
supplements and reimbursements each year; and requiring State
Board of Education rule.
Be it enacted by the Legislature of West Virginia:
That §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-4-2b. 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 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 two thousand
five hundred dollars. 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.
(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 six hundred dollars,
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 the first day of July, two thousand eight,
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 the first day of July, two thousand seven, 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,
two thousand nine, 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.