H. B. 4380
(By Delegates M. Poling and Duke)
[By Request of the Department of Education]
[Introduced
February 5, 2010
; 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
providing eligibility for a
license to teach in the public schools for candidates who are
not United States citizens.
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 October 1, 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:
Provided further, That a candidate from a foreign country may be
eligible for a license to teach in the public schools of the state
by: (1) Obtaining a satisfactory score on a test of English
language proficiency; (2) providing evidence of a resident alien
card; and (3) meeting other requirements established by the state
board.
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 August 30, 1990,
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 not be required to hold a professional
administrative certificate. Beginning September 1, 1992, 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 certificates or permits shall
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 person
shall be 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 may 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; and (C) such person completes an orientation program
designed and approved in accordance with State Board rules which
shall be adopted no later than January 1, 1991.
NOTE: The purpose of this bill is to
provide eligibility for
a license to teach in the public schools for candidates who are not
United States citizens.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.