Senate Bill No. 378
(By Senators Miller and Wagner)
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[Introduced February 13, 1996; referred to the Committee
on Education.]
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A BILL to amend and reenact section two-a, article three, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the continuing
employment of school employees who are employed as coaches.
Be it enacted by the Legislature of West Virginia:
That section two-a, article three, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, 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
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 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 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 shall
not 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, and any assistant coaches for athletic
or other extracurricular activities, 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: Provided, however, That once the coaching position is
filled by an employed professional educator or employed service
personnel employee, the employee shall continue in the contracted
position unless the contract is terminated for the reasons set
forth in section eight, article two of this chapter or for lack
of need.
NOTE: The purpose of this bill is to ensure that assistant
coaching positions are filled with persons other than
professional educators only when no professional educators apply
for those positions and to ensure that when any school employee
accepts a coaching position that the position will not be posted
as a vacancy unless the employee's coaching contract is
terminated for cause or lack of need.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.