COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 396
(By Senators Wagner, Lucht, Jones, Blatnik and Sharpe)
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[Originating in the Committee on Education;
reported March 3, 1994.]
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A BILL to amend and reenact section nine, article two, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact
sections two, two-a, three and four, article three of said
chapter; and to amend and reenact sections one and four,
article four of said chapter, all relating to certification
of administrative and teaching personnel; authorizing
payment of noncertified teachers under certain
circumstances; issuing professional teaching certificates;
providing requirements for renewing and maintaining
certificates; and allowing certain equivalent training to
meet requirements for salary advancement.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, asamended, be amended and reenacted; that sections two, two-a,
three and four, article three of said chapter be amended and
reenacted; and that sections one and four, article four of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-9. Duties and responsibilities of school principals;
assistant principals.
Upon the recommendation of the county superintendent of
schools, the county board of education shall employ and assign,
through written contract, public school principals who shall
supervise the management and the operation of the school or
schools to which they are assigned. Such principals shall hold
valid administrative certificates appropriate for their
assignments.
Under the supervision of the superintendent and in
accordance with the rules and regulations of the county board of
education, the principal shall assume administrative and
instructional supervisory responsibility for the planning,
management, operation and evaluation of the total educational
program of the school or schools to which he is assigned.
The principal may submit recommendations to the
superintendent regarding the appointment, assignment, promotion,
transfer and dismissal of all personnel assigned to the school or
schools under said principal's control. Such recommendation
shall be submitted in writing as prescribed by the
superintendent.
The principal shall perform such other duties as may beassigned by the superintendent pursuant to the rules and
regulations of the county board of education.
Upon recommendation of the county superintendent of schools,
the county board of education shall, when needed, employ and
assign, through written contract, assistant principals who shall
work under the direction of the school principal. Such assistant
principals shall hold valid administrative certificates
appropriate for their assignments.
On or before the first day of July, one thousand nine
hundred eighty-nine and continuing thereafter, each county board
of education shall assign a certificated principal to each school
and no principal may be assigned more than two schools:
Provided, That where enrollment exceeds four hundred students
there will be no additional schools assigned to that principal.
No principal assigned to more than one school may be
assigned any teaching duties except on a temporary emergency
basis. No county shall have more teaching principalships or
multi-school principalships than was present on the first day of
January, one thousand nine hundred eighty-eight.
On or before the first day of July, one thousand nine
hundred ninety-three, and continuing thereafter, each county
board of education shall employ a full-time supervising principal
at each school whose net enrollment equals or exceeds one hundred
seventy students. A principal assigned to a school with a net
enrollment equal to or greater than one hundred seventy students
may not be assigned any teaching duties except on a temporary
emergency basis. When a principal is assigned on a full-timebasis to a school whose net enrollment is more than seventy-five
students but less than one hundred seventy students, such
principal shall have a minimum of twenty hours per week for
nonteaching duties. A principal assigned on a full-time basis to
a school with seventy-five students or less shall have a minimum
of ten hours per week for nonteaching duties:
Provided, That
nothing in this section prohibits a county board of education
from assigning a full-time supervising principal to a school with
a net enrollment of less than one hundred seventy students.
Nothing contained in this section shall be construed to
reduce or limit the rights and privileges of principals and
assistant principals as teachers under the provisions of section
one, article one, chapter eighteen of this code; section one,
article one of this chapter; and other provisions of this code:
Provided, That on or before the first day of July, one thousand
nine hundred ninety-three, the state board of education shall not
deny a county board of education the right to place a principal
in a school with less than one hundred seventy students.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-2. Teacher certification; required; expiration;
qualifications.
Any professional educator, as defined in article one of this
chapter, who is employed within the public school system of the
state shall hold a valid teaching certificate licensing him or
her to teach in the specializations and grade levels as shown on
the certificate for the period of his or her employment. If ateacher is employed in good faith on the anticipation that he or
she is eligible for a certificate and it is later determined that
the teacher was not eligible, the state superintendent of schools
may authorize payment by the county board of education to the
teacher for a time not exceeding two school months or the date of
notification of his or her ineligibility, whichever shall occur
first. All certificates shall expire on the thirtieth day of
June of the last year of their validity irrespective of the date
of issuance.
§18A-3-2a. Authority of state superintendent to issue
certificates; kinds of certificates; certification of
aliens.
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
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 and 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, if
applicable, or meets the experienced educator provisions approved
by the state board of education; or
(B) Has at least a bachelor's degree related to 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 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; or
(C) Has at least a bachelor's degree related to a discipline
taught in the public schools from an accredited institution of
higher education and meets other criteria as approved by the
state board of education.
The certificate shall be endorsed to indicate the grade
level or levels and 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 provisionallyfor a period of three years 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 shallnot 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 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 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 the first day of January, one thousand nine hundred ninety-
one.
§18A-3-3. Renewal of certificates; permanent certification.
Until the person qualifies for a permanent certificate, any
professional certificate shall be renewable provided the holder:
(1) Files application on a prescribed form with the state
department of education; (2) presents an official transcript of
six semester hours of approved credit, or completes renewal
requirements as may be prescribed by the state board:
Provided,
That such renewal is completed after the beginning of the period
of validity of the certificate to be renewed and within the five-
year period immediately preceding the date of application for
renewal; and (3) if employed by a West Virginia county board of
education, submits a recommendation based on successful teaching
experience from the county superintendent of schools of thecounty in which the holder teaches. An individual not employed
by a West Virginia county board of education shall submit renewal
requests directly to the department of education.
The holder of a professional certificate, valid for five
years, shall have the certificate made permanent upon meeting
either of the following requirements: (1) Completion of the
second renewal, in accordance with the provisions set forth in
(2) above; or (2) after five years of service in the public
schools, presentation of a transcript showing the completion of
requirements for a master's degree from an institution of higher
education accredited to offer the master's degree and in a
program relevant to the public school program. If employed by a
West Virginia county board of education, the person must file
application on a prescribed form with the state department of
education and must submit a recommendation from the county
superintendent of schools of the county in which the person is
employed. An individual not employed by a West Virginia county
board of education shall submit the request for the permanent
certificate directly to the department of education.
All certificates and permits, other than the professional
certificate, shall be renewed in accordance with state board
regulations.
If the applicant seeking renewal has cause to believe that
the county superintendent refuses to give a recommendation
without just cause, the applicant shall have the right, in such
case, to appeal to the state superintendent of schools whose
responsibility it shall be to investigate the matter and issue acertificate if, in the opinion of the state superintendent, the
county superintendent's recommendation was withheld arbitrarily.
A person who has reached the age of sixty and holds a
renewable certificate, as provided in this section, need not
present renewal credit but shall meet all other renewal
requirements.
§18A-3-4. Validity of present certificates.
Nothing in this article shall be construed or interpreted in
such way as to invalidate or in any manner change or shorten the
validity period of certificates, including grade-level teaching
rights, in force on the effective date of this act, nor the right
to renew or make permanent such certificates.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-1. Definitions.
For the purpose of this article, salaries shall be defined
as: (a) "Basic salaries" which shall mean the salaries paid to
teachers with zero years of experience and in accordance with the
classification of certification and of training of said teachers;
and (b) "advanced salaries" which shall mean the basic salary
plus an experience increment based on the allowable years of
experience of the respective teachers in accordance with the
schedule established herein for the applicable classification of
certification and of training of said teachers.
"Classification of certification" means the class or type of
certificate issued by the state superintendent under the
statutory provisions of this chapter. "Classification of
training" means the number of collegiate or graduate hoursnecessary to meet the requirements stipulated in the definitions
set forth in the next paragraph in items (2) to (11), inclusive.
Equivalent training, as prescribed by the state board of
education, shall be accepted for meeting the requirements
stipulated in these same definitions, excluding items (5), (7),
and (10):
Provided, That such training is completed after the
effective date of this section.
The column heads of the state minimum salary schedule set
forth in section two of this article are defined as follows:
(1) "Years of experience" means the number of years the
teacher has been employed in the teaching profession, including
active work in educational positions other than the public
schools, and service in the armed forces of the United States if
the teacher was under contract to teach at the time of induction.
For a registered professional nurse employed by a county board,
"years of experience" means the number of years the nurse has
been employed as a public school health nurse, including active
work in a nursing position related to education, and service in
the armed forces if the nurse was under contract with the county
board at the time of induction. For the purpose of section two
of this article, the experience of a teacher or a nurse shall be
limited to that allowed under their training classification as
found in the minimum salary schedule.
(2) "Fourth class" means all certificates previously
identified as: (a) "Certificates secured by examination"; and
(b) "other first grade certificates".
(3) "Third class" means all certificates previouslyidentified as: (a) "Standard normal certificates"; and (b)
"third class temporary (sixty-four semester hours) certificates".
(4) "Second class" means all certificates previously
identified as "second class temporary certificates based upon the
required ninety-six hours of college work".
(5) "A.B." means a bachelor's degree, from an accredited
institution of higher education, which has been issued to, or for
which the requirements for such have been met by, a person who
qualifies for or holds a professional certificate or its
equivalent. A registered professional nurse with a bachelor's
degree, who is licensed by the West Virginia board of examiners
for registered professional nurses and employed by a county
board, shall be within this classification for payment in
accordance with sections two and two-a of this article.
(6) "A.B. plus 15" means a bachelor's degree as defined
above plus fifteen hours of graduate work, from an accredited
institution of higher education certified to do graduate work, in
an approved planned program at the graduate level which
requirements have been met by a person who qualifies for or holds
a professional certificate or its equivalent.
(7) "M.A." means a master's degree, earned in an institution
of higher education approved to do graduate work, which has been
issued to, or the requirements for such have been met by, a
person who qualifies for or holds a professional certificate or
its equivalent.
(8) "M.A. plus 15" means the above-defined master's degree
plus fifteen hours of graduate work, earned in an institution ofhigher education approved to do graduate work, if the person is
qualified for or holds a professional certificate or its
equivalent.
(9) "M.A. plus 30" means the above-defined master's degree
plus thirty graduate hours, earned in an institution approved to
do graduate work, if the person is qualified for or holds a
professional certificate or its equivalent.
(10) "Doctorate" means a doctor's degree, earned from a
university qualified and approved to confer such a degree, which
has been issued to or the requirements for such have been met by
a person who qualifies for or holds a professional certificate or
its equivalent.
For purposes of advanced salary classification, graduate
work completed after the first day of July, one thousand nine
hundred ninety-four, shall be related to the public school
program, as prescribed by the state board.
Notwithstanding the requirements set forth in subdivisions
(6), (8), (9) and (11) of this section relating to hours of
graduate work at an institution certified to do such work,
fifteen undergraduate credit hours from a regionally accredited
institution of higher education, earned after the effective date
of this section, may be utilized for advanced salary
classification if such hours are in accordance with: (a) The
teacher's current classification of certification and of
training; (b) a designated instructional shortage area documented
by the employing county superintendent; or (c) an identified
teaching deficiency documented through the state approved countypersonnel evaluation system.
Effective the first day of July, one thousand nine hundred
ninety-four, the following definition shall be applicable.
(11) "M.A. plus 45" means the above-defined master's degree
plus forty-five graduate hours, earned in an institution approved
to do graduate work, if the person is qualified for or holds a
professional certificate or its equivalent.
§18A-4-4. Minimum salary schedule for teachers having
specialized training.
The state board of education shall establish the minimum
salary schedule for teachers where specialized training may be
required for vocational, technical and adult education, and such
other permits as may be authorized by said board.
On and after the first day of July, one thousand nine
hundred eighty-five, any vocational industrial, technical,
occupational home economics or health occupations teacher who is
required to hold a vocational certificate and is paid a salary
equivalent to the amount prescribed for "A.B. + 15" training
classification in the state minimum salary schedule for teachers
under section two of this article shall, upon application
therefor, receive advanced salary classification and be entitled
to increased compensation on and after such date in respect to
and based upon additional semester hours, approved by the state
board of education and completed either prior to or subsequent to
such date. All such hours earned must be from a regionally
accredited institution of higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 15" training classification under section two of this
article.
(3) Those who have earned forty-five such additional
semester hours shall receive an amount equal to that prescribed
for the "M.A. + 30" training classification under section two of
this article.
Equivalent training, as prescribed by the state board of
education, shall be accepted for meeting the requirements set
forth in this section:
Provided, That such training is completed
after the effective date of this section.
Any such teacher who has a permanent vocational certificate
and who has earned or earns a bachelor's degree prior or
subsequent to the issuance of such certificate shall be entitled
to receive the amount prescribed for the "M.A. + 30" training
classification upon application therefor, such advanced salary to
take effect immediately upon qualification therefor:
Provided,
That any vocational teacher receiving the amount prescribed for
the "M.A. + 30" training classification under prior enactments of
this section who have not been issued a permanent vocational
certificate shall not have such salary reduced as a result of
this section:
Provided, however, That any teacher with a
vocational certificate and under contract for the school year onethousand nine hundred eighty-five - eighty-six who has earned a
bachelor's degree prior to the end of such school year shall be
entitled to receive the amount prescribed for the "M.A. + 30"
training classification, upon application therefor, for the
school year beginning on the first day of July, one thousand nine
hundred eighty-six, and thereafter.
No teacher holding a valid professional certificate shall
incur a salary reduction resulting from assignment out of the
teacher's field by the superintendent, with the approval of the
county board, under any authorization or regulation of the state
board.
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(NOTE: The purpose of this bill is to amend requirements
for issuing professional teaching certificates, expand
requirements and opportunities for renewing certificates, and
allow equivalent training to meet requirements for salary
adjustment.)
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