Introduced Version « House Bill 4117 History

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H. B. 4117


(By Delegate Browning)
[Introduced January 21, 2008 ; referred to the
Committee on Education then Finance.]




A BILL to amend and reenact §18A-4-2a and §18A-4-2b of the Code of West Virginia, 1931, as amended, all relating to state minimum salary supplement for achieving certain national certification; legislative findings; expanding eligibility for supplement payments and fee and expense reimbursement; increasing supplement amount for certain individuals; clarifying duration of supplement in certain circumstances; and requiring State Board of Education rule.

Be it enacted by the Legislature of West Virginia:
That §18A-4-2a and §18A-4-2b of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-2a. State minimum salary bonus for classroom teachers with national board certification.

(a) The Legislature hereby finds and declares that the rigorous standards and processes for certification by the National Board for Professional Teaching Standards (NBPTS) helps to promote the quality of teaching and learning. Therefore, classroom teachers in the public schools of West Virginia should be encouraged to achieve national board certification through a reimbursement of expenses and an additional salary bonus which reflects their additional certification. to be The reimbursement and bonus are paid in accordance with the provisions of this section.
(b) Two Three thousand five hundred dollars shall be paid annually to each classroom teacher who holds a valid certificate issued by the National Board of Professional Teaching Standards NBPTS for the life of the certification, but in no any event not more than ten years for any one certification.
(c) The payments:
(1) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule;
(2) Shall be paid in equal monthly installments; and
(3) Shall be considered a part of the state minimum salaries for teachers; and
(4) Shall continue for the duration established in subsection (b) of this section for any classroom teacher who becomes employed as a principal subsequent to receiving payments pursuant to this section.
(d) One-half the certification fee shall be paid for reimbursement once to each classroom teacher who enrolls in the program for the National Board of Professional Teaching Standards NBPTS certification. and one-half The remaining half of the certification fee shall be paid for reimbursement once to each classroom teacher who completes the National Board of Professional Teaching Standards NBPTS certification. Completion shall be defined as the completion of means the classroom teacher has completed ten scorable entries, as verified by the National Board of Professional Teaching Standards NBPTS. Classroom teachers who achieve National Board of Professional Teaching Standards NBPTS certification may be reimbursed a maximum of six hundred dollars for expenses actually incurred while obtaining the National Board of Professional Teaching Standards NBPTS certification.
(e) The state board shall limit the number of classroom teachers who receive the initial reimbursements of the certification fees set forth in subsection (d) of this section to two hundred classroom teachers annually. The state board shall establish selection criteria for the classroom teachers by the legislative rule required pursuant to subsection (g) of this section.
(f) Subject to the provisions of subsection (e) of this section, funding for reimbursement of the certification fee and expenses actually incurred while obtaining the National Board of Professional Teaching Standards NBPTS certifications shall be administered by the State Department of Education from an appropriation established for that purpose by the Legislature. If funds appropriated by the Legislature to accomplish the purposes of this subsection are insufficient, the state department shall prorate the reimbursements for expenses and shall request of the Legislature, at its next regular session, funds sufficient to accomplish the purposes of this subsection, including needed retroactive payments.
(g) The state board shall promulgate a legislative rules rule pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.
§18A-4-2b. State minimum salary supplement 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 the national professional certification by the American Speech-Language-Hearing Association (ASHA) provide needed and essential services to the school students of this state. and, consequently Individuals should be encouraged to achieve and maintain the national board professional certification through reimbursement of expenses and a salary bonus which reflects their additional certification. to be paid in accordance with subsection (b) of this section
(2) The Legislature further finds and declares that the rigorous standards and processes for advanced certification by either the National Board of Certified Counselors (NBCC) or the West Virginia Board of Examiners in Counseling (WVBEC) 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. to be paid in accordance with subsection (b) of this section
(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.
(3) (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 a nationally recognized professional certification in speech-language pathology, audiology, or counseling, school psychology or school nursing;
(B) To treat the professional certification equally;
(C) To encourage others to attain such a certification; and
(D) To help school systems with recruitment of recruit these highly qualified professionals.
(b) In addition to any amounts prescribed in the applicable state minimum salary schedule, effective the first day of July, two thousand six any professional personnel who hold national certification or other credential as provided in this section must 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) Effective the first day of July, two thousand six Professional personnel employed as speech-language pathologists, audiologists, or 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. No
(1) Not more than one hundred speech-language pathologists, audiologists and counselors, combined total, are eligible for reimbursement in any one fiscal year; and
(2) Not more than twenty-five school psychologists and school nurses, combined total, are eligible for reimbursement in any one fiscal year.
(d) Notwithstanding subsection (b) of this section: no
(1) Not more than one hundred speech-language pathologists, audiologists and counselors, combined total, shall may be paid the annual salary supplement provided for in said subsection (b) during the first year of implementation. The number of speech-language pathologists, audiologists and counselors paid the annual salary supplement provided for in said subsection may not exceed an additional one hundred qualified recipients in each of the subsequent fiscal years year.
(2) Not more than twenty-five school psychologists and school nurses, combined total, may be paid the annual salary supplement provided for in said subsection (b) during the first year of implementation. The number of school psychologists and school nurses paid the annual salary supplement provided for in said subsection (b) may not exceed an additional twenty-five qualified recipients 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.
(e) (f) The state board shall report the rule to the Legislative Oversight Commission on Education Accountability by the January, two thousand seven eight, legislative interim meeting period and shall report on its progress in developing the rule to the commission during each prior interim meeting period.
(f) (g) Payment of the supplement and reimbursement provided in this section Nothing in this section can be construed to require is subject to a legislative appropriation; therefore nothing in this section requires any appropriation, or any specific level of appropriation, by the Legislature.
(g) (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.


NOTE: The purpose of this bill is to expand eligibility for state minimum salary supplements for achieving certain national certification.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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