H. B. 3103
(By Delegates Iaquinta, Hartman, Shook,
Talbott, Perry and Tabb)
[Introduced January 9, 2008; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §18A-3-2a of the Code of West Virginia,
1931, as amended, relating to persons who do not qualify for
professional certificates who are issued certificates to serve
in the public schools as athletic coaches or other
extracurricular activities coaches; and removing certain
limitations on this service when certain conditions are met.
Be it enacted by the Legislature of West Virginia:
That
§18A-3-2a
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-2a. Authority of state superintendent to issue
certificates; kinds of certificates.
In accordance with State Board of Education rules for the
education of professional educators adopted after consultation with the secretary of education and the arts, the State Superintendent
of Schools may issue certificates valid in the public schools of
the state: Provided, That a certificate shall may not be issued to
any person who is not a citizen of the United States, is not of
good moral character and physically, mentally and emotionally
qualified to perform the duties for which the certification would
be granted and who has not attained the age of eighteen years on or
before the first day of October of the year in which the
certificate is issued: Provided, however, That an exchange teacher
from a foreign country or an alien person who meets the
requirements to teach may be granted a permit to teach within the
public schools of the state.
Certificates authorized to be issued include:
(1) Professional teaching certificates. -- A professional
teaching certificate for teaching in the public schools may be
issued to a person who:
(A) Has at least a bachelor's degree from an accredited
institution of higher education in this state, has completed a
program for the education of teachers which meets the requirements
approved by the State Board of Education or has met equivalent
standards at institutions in other states and has passed
appropriate state board approved basic skills and subject matter
tests or has completed three years of successful experience within
the last seven years in the area for which licensure is being sought; or
(B) Has at least a bachelor's degree in a discipline taught in
the public schools from an accredited institution of higher
education, has passed appropriate state board approved basic skills
and subject matter tests or has completed three years of successful
experience within the last seven years in the area for which
licensure is being sought, has completed an alternative program for
teacher education approved by the state board and is recommended
for a certificate by the chairperson of the professional support
team of the person's alternative program or the state
superintendent based on documentation submitted.
The certificate shall be endorsed to indicate the grade level
or levels or areas of specialization in which the person is
certified to teach or to serve in the public schools. The initial
professional certificate shall be issued provisionally for a period
of three years from the date of issuance and may be converted to a
professional certificate valid for five years subject to successful
completion of a beginning teacher internship, if applicable, or
renewed subject to rules adopted by the state board.
(2) Professional administrative certificate. -- A professional
administrative certificate, endorsed for serving in the public
schools, with specific endorsement as a principal, vocational
administrator, supervisor of instructions or superintendent, may be
issued to a person who has completed requirements all to be approved by the state board as follows: For a master's degree from
an institution of higher education accredited to offer a master's
degree, has successfully completed an approved program for
administrative certification, developed by the State Board of
Education in cooperation with the governing boards of the
university of West Virginia system and the state college system,
has successfully completed education and training in evaluation
skills through the center for professional development, or
equivalent education and training in evaluation skills, and three
years of management level experience: Provided, That anyone having
received a certificate during the period from the thirtieth day of
August, one thousand nine hundred ninety, until the effective date
of this bill without having met the above requirements shall
complete those requirements within five years after the effective
date of this bill: Provided, however, That any person serving in
the position of dean of students on the effective date of this
section shall is not be required to hold a professional
administrative certificate. Beginning the first day of September,
one thousand nine hundred ninety-two, the initial professional
administrative certificate shall be issued provisionally for a
period of five years. This certificate may be converted to a
professional administrative certificate valid for five years or
renewed, subject to the regulations of the state board.
(3) Paraprofessional certificate. -- A paraprofessional certificate may be issued to a person who has completed thirty-six
semester hours of post-secondary education or its equivalent in
subjects directly related to performance of the job, all approved
by the state board, and can demonstrate the proficiencies to
perform duties as required of a paraprofessional as defined in
section eight, article four of this chapter.
(4) Other certificates; permits. -- Other certificates and
permits may be issued, subject to the approval of the state board,
to persons who do not qualify for the professional or
paraprofessional certificate. Such These certificates or permits
shall may not be given permanent status and persons holding such
shall meet renewal requirements provided by law and by regulation,
unless the state board declares certain of these certificates to be
the equivalent of the professional certificate.
Within the category of other certificates and permits, the
state superintendent may issue certificates for persons to serve in
the public schools as athletic coaches or other extracurricular
activities coaches whose duties may include the supervision of
students, subject to the following limitations: (A) Such
This person shall be is employed under a contract with the county
board of education which specifies the duties to be performed,
which specifies a rate of pay equivalent to the rate of pay for
professional educators in the district who accept similar duties as
extra duty assignments and which provides for liability insurance associated with the activity: Provided, That such persons shall
are not be considered employees of the board for salary and benefit
purposes other than as specified in the contract; (B) a currently
employed certified professional educator has not applied for the
position: Provided, however, That after a person issued a
certificate in compliance with this paragraph has been employed in
the same position for three years, is a college graduate and has
received satisfactory evaluations
, or if the person has been
employed in the same position for five years, is a high school
graduate and has received satisfactory evaluations
, this limitation
no longer applies and the county board is not required to annually
post the position;
and (C) such person completes an orientation
program designed and approved in accordance with state board rules
which shall be adopted no later than the first day of January, one
thousand nine hundred ninety-one.
NOTE: The purpose of this bill is to allow
persons employed in
the public schools as athletic coaches or other extracurricular
activities coaches, but who are not regular professional employees,
to continue to be employed in the same position without the
position being posted if they have served in the position for three
years, receive satisfactory evaluations and are a college graduate,
or if the coach is a high school graduate, then the coach shall
have served in the position for five years and receive satisfactory
evaluations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.