H. B. 3236


(By Delegates Williams, Romine, Louisos and Mezzatesta)



(Originating in the Committee on Education)


[March 30, 2001]

A BILL to amend and reenact section two, article four, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing a first class permit endorsed for superintendent; limiting appointment under permit to one year; allowing two reappointments with satisfactory evaluations and reasonable progress toward completion of requirements for regular certification; and requiring state board rule upon finding that needed course work not available.

Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-2. Qualifications; health certificate; disability; acting superintendent.

(a) Superintendents employed prior to the twenty-eighth day of June, one thousand nine hundred eighty-eight shall hold a certificate valid in West Virginia and an approved master's degree including at least twelve semester hours in school administration and supervision, and at least five years experience in public school teaching and/or supervision.
(b) Any superintendent appointed as superintendent after the twenty-seventh day of June, one thousand nine hundred eighty- eight, shall meet requirements for the professional administrative certificate endorsed for superintendent by the first day of July, one thousand nine hundred ninety-three, or first class permit endorsed for superintendent on or after the first day of July, two thousand one. Any new superintendent appointed as of the thirtieth day of August, one thousand nine hundred ninety, first day of July, two thousand one, shall hold a professional administrative certificate endorsed for superintendent, or a first class permit endorsed for superintendent: Provided, That a superintendent who holds a first class permit may be appointed for only one year, and may be reappointed two times for an additional year each upon an annual evaluation by the board of satisfactory performance and reasonable progress toward completion of the requirements for a professional administrative certificate endorsed for superintendent: Provided, however, That any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education, has completed three successful years of teaching in public education and has the equivalent of three years of experience in management or supervision, upon employment by the county board of education shall be granted a permanent administrative certificate and shall be a licensed county superintendent. Any person employed as assistant superintendent or educational administrator prior to the twenty-seventh day of June, one thousand nine hundred eighty- eight, and who was previously employed as superintendent shall not be required to hold the professional administrative certificate endorsed for superintendent.
(c) Before entering upon the discharge of his or her duties the superintendent shall file with the president of the board a health certificate from a reputable physician, on a form prescribed by the state department of education, certifying that he or she is physically fit for the duties of his or her office and that he or she has no infectious or contagious disease; and if the superintendent, due to accident or illness, should become incapacitated to an extent that could lead to a prolonged absence, the board, upon unanimous vote, has the authority to enter an order declaring the incapacity and it shall appoint an acting superintendent until such time as a majority of the members of the board determine that the incapacity no longer exists. However, an acting superintendent shall not serve as such for more than one year, or later than the expiration date of the superintendent's term, whichever is less, without being reappointed by the board of education.
 (d) Upon finding that the course work needed by superintendents who hold a first class permit endorsed for superintendent is not available and scheduled in a manner at state institutions of higher education which will enable them to complete the normal requirements for a professional administrative certificate endorsed for superintendent within the three-year period allowed for appointment and reappointment under the permit, the state board shall adopt a rule in accordance with article three-b, chapter twenty-nine-a of this code, to enable completion of the requirements, or comparable alternative requirements, for a professional administrative certificate endorsed for superintendent.