COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 334
(By Senators Edgell, Plymale and Kessler)
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[Originating in the Committee on Education;
reported February 14, 2007.]
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A BILL to amend and reenact §18A-3-2a of the Code of West Virginia,
1931, as amended; and
to amend said code by adding thereto a
new section, designated §18A-4-7c, all relating to
certificates and permits to coach in public schools; removing
certain limitation on such service under certain conditions;
creating hiring preference for currently employed professional
educators for summer employment with county boards of
education; making technical corrections; and deleting obsolete
language.
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; and that said code be amended by adding
thereto a new section, designated §18A-4-7c, all to read as
follows:
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
§18A-3-2a. Authority of state superintendent to issue
certificates; kinds of certificates.
(a) 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
(1) 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 is not physically, mentally and emotionally qualified to
perform the duties for which the certification would be is 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
(2) 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.
(b) 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 under the following conditions:
(A) Regular Professional Preparation. --
(i) Has The applicant holds at least a bachelor's degree from
an accredited institution of higher education in this state;
(ii) The applicant 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
(iii) The applicant
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) (B) Alternative Professional Preparation. --
(i) Has The applicant
holds at least a bachelor's degree in a
discipline taught in the public schools from an accredited
institution of higher education;
(ii) The applicant
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,
(iii) The applicant
has completed an alternative program for
teacher education approved by the state board; and
(iv) The applicant
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.
(C) The certificate shall be is 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.
(D) The initial professional certificate shall be is 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 the following requirements all
to be approved by the state board: as follows:
(A) For A master's degree from an institution of higher
education accredited to offer a master's degree;
(B) has successfully completed
Successful completion of 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 Higher Education Policy Commission;
(C) has successfully completed Successful completion of
education and training in evaluation skills through the Center for
Professional Development or equivalent education and training in
evaluation skills; and
(D) 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
(E) A person who was serving in the position of dean of
students on the effective date of this section the fourth day of
June, one thousand nine hundred ninety-two, shall is not be
required to hold a professional administrative certificate.
Beginning the first day of September, one thousand nine hundred
ninety-two,
(F) The initial professional administrative certificate shall
be is 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 meets the following
conditions:
(A) 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
(B) can Is able to 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. -- Subject to the approval of
the state board,
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
(A) These certificates or permits shall may not be given
permanent status and persons holding such them 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.
(B) 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 coaches for other
extracurricular activities coaches whose duties may include the
supervision of students, subject to the following conditions and
limitations:
(A) Such (i) The person shall be is employed under a contract
with the county board of education under a contract
which specifies
the following:
(I) The duties to be performed including the supervision of
students; which specifies
(II) 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
(III) Provisions for liability insurance associated with the
activity. Provided, That such
(ii) A persons person who holds a certificate or permit as
provided in this subdivision shall may not be considered employees
an employee of the county board for salary and benefit purposes
other than except as specified in the contract;
(B)
A currently employed certified professional educator has
not applied for the position, and such
(iii) The person completes an orientation program designed and
approved in accordance with state board rules;
and
which shall be
adopted no later than the first day of January, one thousand nine
hundred ninety-one,
(iv) A currently employed certified professional educator has
not applied for the position. This preference does not apply if the
position is filled currently by a person who meets the following
requirements:
(I) Has been issued a certificate or permit in compliance with
this subdivision;
(II) Has been employed in the same position for at least three
years; and
(III) Has received satisfactory evaluations.
When the conditions of this paragraph are met, the county
board is not required to post the coaching position annually.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-7c. Summer employment of professional educators.
(a) A county board shall hire professional educators for
positions in summer school programs in accordance with section
thirty-nine, article five, chapter eighteen of this code or section
seven-a of this article, as applicable, except that a professional
educator who is currently employed by the county board shall be
given employment preference over applicants who are not current
employees.
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(NOTE: The purpose of this bill is to allow
persons
to
continue
as athletic coaches or coaches of other extracurricular
activities
in the public schools if they have served in the same
position for three years and have received satisfactory
evaluations
, and to give hiring preference for summer employment to
currently employed professional educators.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.
Section seven-c is new; therefore strike-throughs and
underscoring have been omitted.)