Introduced Version « Senate Bill 57 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 57

(By Senators Edgell and Kessler)

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[Introduced February 11, 2009; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to certificates and permits to coach in public schools; removing certain limitation on such service under certain conditions; 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 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) 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 June 4, 1992, 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 (C) 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.

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 .
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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