ENGROSSED
H. B. 4024
(By Delegates Mezzatesta and Williams)
[Introduced January 11, 2002
; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section twenty-three-a, article two,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
sections one, three and four, article two-i of said chapter;
to amend and reenact sections one and two-c, article three,
chapter eighteen-a of said code; and to amend and reenact
sections one, two and two-b, article three-a of said chapter,
all relating to improving the quality, coordination and
efficiency of professional staff development in the public
schools; changing the process, parties and time frame for
state board establishment of professional staff development
goals and master plan for professional staff development;
establishing first priority for goals; changing purpose of
state and regional professional staff development councils; changing membership of West Virginia professional staff
development advisory council, making it an advisory council to
the center for professional development and requiring the
center to reimburse member expenses; revising functions of
West Virginia professional staff development advisory council;
providing for secretary of education and the arts to represent
certain interests in the education and certification of
professional educators; providing that standards approved by
the state board for the education and certification of
professional educators shall provide for the department to
determine additional knowledge and skills needed by certified
teachers for additional endorsements; requiring establishment
of process and specifying certain considerations and
limitations; modifying requirements for completion of training
and professional development through the principals academy;
limiting times when training and professional development
through principals academy may be required and requiring use
of alternative methods of instructional delivery and
scheduling; expanding general mission of center for
professional development; changing composition, officers and
appointment of center for professional development board and
providing for transition; limiting consecutive terms of
elected and appointed members; requiring employment of
executive director of center, specifying certain duties and employment status; requiring center to be located in offices
of department of education; requiring center to implement
training and professional development for principals academy
in accordance with standards established by state board;
authorizing state board to establish certain fees which may be
charged by center and removing requirement that fees be
assessed; requiring center to provide professional staff
development programs, subject to state board approval, that
satisfy some or all of the criteria necessary for currently
certified professional educators to meet the requirements for
an additional endorsement in an area of certification and for
certification to teach in a middle school; and eliminating the
requirement that the center include intensive summer
institutes in the principals academy.
Be it enacted by the Legislature of West Virginia:
That section twenty-three-a, article two, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that sections one, three and
four, article two-i of said chapter be amended and reenacted; that
sections one and two-c, article three, chapter eighteen-a of said
code be amended and reenacted; and that sections one, two and
two-b, article three-a of said chapter be amended and reenacted,
all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-23a. Annual professional staff development goals established
by state board; coordination of professional
development programs; program development, approval
and evaluation.
(a) The intent of this section is to provide for the
coordination of professional development programs by the state
board and to promote high quality instructional delivery and
management practices for a thorough and efficient system of
schools. The state board annually shall establish goals for
professional staff development in the public schools of the state.
The state board shall submit the goals to the state department of
education, the center for professional development, the regional
educational service agencies, the state college and university
systems higher education policy commission and the legislative
oversight commission on education accountability on or before the
first day of October fifteenth day of January, each year. The
goals shall include measures by which the effectiveness of the
professional staff development programs will be evaluated. The
professional staff development goals may include separate goals for
teachers, principals, paraprofessional service personnel and
classroom aides and others in the public schools. In establishing
the goals, the state board shall review reports that may indicate
a need for professional staff development including, but not limited to, the report of the At a minimum in establishing the
goals for professional development, the state board shall consider
the report of the staff development advisory council set forth in
section four, article two-i, chapter eighteen center for
professional development created in article three-a, chapter
eighteen-a of this code, student test scores on the statewide
student assessment program, the measures of student and school
performance for accreditation purposes, school and school district
report cards, and its plans for the use of funds in the strategic
staff development fund pursuant to section thirty-two, article two,
chapter eighteen of this code. As a first priority, the state
board shall require adequate and appropriate professional staff
development to ensure high quality teaching that will enable
students to achieve the content standards established for the
required curriculum in the public schools, including professional
staff development which shall be considered in determining the
qualifications of certified teachers to obtain an endorsement to
teach in additional areas for which there is a critical need and
shortage and to teach in the middle school grades.
(b) The center for professional development and the regional
educational service agencies shall each shall design a proposed
professional staff development program plan to achieve the goals of
the state board which are within their purview pursuant to
provisions set forth in this code and rules of the state board: Provided, That the state board may establish as a goal for the
center for professional development, the delivery of a localized
professional development program to address school, county or
regional problems. The center for professional development and the
regional educational service agencies shall each submit their
respective proposed plans and shall submit the proposed plan to the
state board on or before the fifteenth day of November, for
approval as soon as possible following receipt the state board
goals each year. The proposed plans plan shall include a plan for
evaluating the effectiveness of the professional staff development
programs delivered through the program under the plan and a cost
estimate. A copy of each proposed plan shall also be submitted by
the respective agencies to the legislative oversight commission on
education accountability. The state board shall review the
proposed plans and shall return the proposed plans plan and return
it to the center for professional development to the respective
agencies on or before the first day of January, each year, noting
whether the proposed plan is approved or is not approved, in whole
or in part. If a proposed plan is not approved in whole, the state
board shall note its objections to the proposed plan or to the
parts of the proposed plan not approved and may suggest
improvements or specific modifications, additions or deletions to
more fully address the goals or eliminate duplication. An agency
whose If the proposed plan is not wholly approved, the center for professional development shall revise the plan to satisfy the
objections of the state board. or state the reasons why revisions
cannot be made to satisfy any or all of the objections and resubmit
the proposal to the state board as soon as possible State board
approval of the professional staff development plan plans of the
center for professional development and the regional educational
service agencies is required prior to implementation of the plans
plan.
(c) The state board approval of the proposed professional
staff development plan shall establish a master plan for
professional staff development which shall be submitted by the
state board to the affected agencies and submit a proposed master
plan for professional development to the legislative oversight
commission on education accountability. center for professional
development and the regional educational on the first day of
February, each year The proposed master plan shall include the
state board approved plans for professional staff development by of
the state department of education, the center for professional
development, the state institutions of higher education and the
regional educational service agencies to meet the professional
staff development goals of the state board. The proposed master
plan also shall include a plan for evaluating the effectiveness of
the professional staff development delivered through the programs,
and a cost estimate. a description of any proposals pending approval of the state board and any reasons why a goal or goals of
the state board will not be met
(d) An approved master plan for professional development shall
be established by the state board not later than the fifteenth day
of March, each year. The approved master plan shall include the
state board approved professional development plans of the state
department of education, the center for professional development
and the regional educational service agencies. The approved master
plan shall serve as a guide for the delivery of coordinated
professional staff development programs by the state department of
education, the center for professional development, the state
institutions of higher education and the regional educational
service agencies beginning on the first day of June in the year in
which the master plan was approved through the thirtieth day of May
in the following year: Provided, That nothing in this section
shall prohibit changes in the master plan, subject to state board
approval, to address staff development needs identified after the
master plan was approved.
ARTICLE 2I. PROFESSIONAL STAFF DEVELOPMENT COUNCILS.
§18-2I-1. Legislative purpose.
The purpose of this article is to create the West Virginia
professional staff development advisory council and eight regional
professional staff development councils to coordinate the delivery
of staff development programs for professional education in West Virginia advise and assist the center for professional development
created in article three-a, chapter eighteen-a of this code with
ensuring the coordination and quality of professional staff
development programs that address locally identified needs for
professional staff development and meet the goals for professional
staff development established by the state board.
§18-2I-3. Creation of West Virginia professional staff development
advisory council; members; and functions.
(a) There shall be a West Virginia professional staff
development advisory council which shall consist of the following
members:
(1) The chairpersons of each of the eight regional staff
development councils established in section five of this article;
(2) The coordinators of each of the eight regional educational
service agency staff development councils; and
(3) The associate superintendent for the division of research,
technology and professional services of the state department of
education;
(4) The assistant superintendent for the division of
instructional and student services of the state department of
education;
(5) The assistant superintendent for the division of technical
and adult education services of the state department of education;
(6) The assistant superintendent for the division of administrative services of the state department of education;
(7) The secretary of education and the arts or his or her
designee;
(8) The chancellor of the university system of West Virginia
or his or her designee;
(9) The chancellor of the state college system of West
Virginia or his or her designee;
(10) The executive director of the West Virginia education
fund or his or her designee;
(11) (3) The executive director of the West Virginia center
for professional development who shall be the chair of the advisory
council. or his or her designee;
(12) The president of the West Virginia education association
or his or her designee;
(13) The president of the West Virginia federation of teachers
or his or her designee;
(14) The president of the West Virginia professional educators
or his or her designee;
(15) The president of the West Virginia association of school
administrators or his or her designee;
(16) The president of the West Virginia association of
elementary and middle school principals or his or her designee; and
(17) The president of the West Virginia association of
secondary school principals or his or her designee
(b) Any member of the advisory council may be reimbursed by
his or her employing agency the center for professional development
for the cost of reasonable and necessary expenses actually incurred
in the performance of their duties under this article. as
determined by the employing agency
§18-2I-4. Functions of the West Virginia professional staff
development advisory council.
The council shall advise and assist the center for
professional development created in article three-a, chapter
eighteen-a of this code to:
(a) Identify and prioritize statewide Report to the state
board on the professional staff development needs identified by the
public schools within the respective regions;
(b) Identify Recommend effective professional staff
development programs to meet identified needs;
(c) Provide local input on the center's proposed professional
staff development program plan designed to achieve the professional
staff development goals of the state board;
(c) (d) Communicate professional staff development information
and findings to the regional and county staff development councils;
and the state board and the legislative oversight commission on
education accountability by the first day of September of each year
(d) Convene regular meetings on a semiannual basis to
effectuate the requirements in subsections (a), (b) and (c) of this section; and
(e) Elect a chairman who shall serve two years.
(e) Advance the coordination and quality of professional staff
development programs in the public schools of West Virginia.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-1. Teacher preparation programs; program approval and
standards; authority to issue teaching certificates.
(a) The education of professional educators in the state shall
be under the general direction and control of the state board of
education after consultation with the secretary of education and
the arts, who shall represent the board of directors of the state
college system and the board of trustees of the university of West
Virginia system interests of teacher preparation programs within
the institutions of higher education in this state as those
institutions are defined in section two, article one, chapter
eighteen-b of this code. The education of professional educators
in the state includes all programs leading to certification to
teach or serve in the public schools including: (1) Those programs
in all institutions of higher education, including student teaching
in the public schools; (2) beginning teacher internship programs;
(3) the granting of West Virginia certification to persons who
received their preparation to teach outside the boundaries of this state; (4) any alternative preparation programs in this state
leading to certification, including programs established pursuant
to the provisions of section one-a of this article and programs
which are in effect on the effective date of this section; and (5)
any continuing professional education, professional development and
in-service training programs for professional educators employed in
the public schools in the state.
(b) The state board of education, after consultation with the
secretary of education and the arts, who shall represent the board
of directors of the state college system and the board of trustees
of the university of West Virginia system interests of teacher
preparation programs within the institutions of higher education in
this state as those institutions are defined in section two,
article one, chapter eighteen-b of this code, shall adopt standards
for the education of professional educators in the state and for
the awarding of certificates valid in the public schools of this
state subject to the following conditions:
(1) The standards approved by the board for teacher
preparation shall include a provision for the study of
multicultural education. As used in this section, multicultural
education means the study of the pluralistic nature of American
society including its values, institutions, organizations, groups,
status positions and social roles.
(2) Effective the first day of January, one thousand nine hundred ninety-three, the standards approved by the board shall
also include a provision for the study of classroom management
techniques and shall include methods of effective management of
disruptive behavior which shall include societal factors and their
impact on student behavior.
(3) Effective the first day of January, two thousand three,
the standards approved by the state board shall provide for the
determination by the state department of education of the
additional knowledge and skills needed by certified teachers to
qualify for an endorsement to teach in an additional area of
certification. The determination shall include the consideration
of all applicable college credit course work, professional
development and practical classroom teaching experience
successfully completed by the applicant. The standards shall
further provide a process for the review of the existing
credentials of the applicant and for certifying to the applicant
all additional credentials needed to qualify for the additional
endorsement. The additional credentials that may be required may
include credentials gained through the completion of college course
work taken at any institution of higher education approved by the
state board, professional staff development approved by the state
board or supervised teaching experience, or any combination. If
supervised teaching experience is required to gain an additional
credential, it shall be an experience designed to the extent practical to minimize the disruption of the teacher's conditions of
employment and may not constitute a full program of preservice
student teaching.
(b) (c) To give prospective teachers the teaching experience
needed to demonstrate competence as a prerequisite to
certification, the state board of education may enter into an
agreement with county boards of education for the use of the public
schools. Such agreement shall recognize student teaching as a
joint responsibility of the teacher preparation institution and the
cooperating public schools and shall include: (1) The minimum
qualifications for the employment of public school teachers
selected as supervising teachers; (2) the remuneration to be paid
public school teachers by the state board, in addition to their
contractual salaries, for supervising student teachers; and (3)
minimum standards to guarantee the adequacy of the facilities and
program of the public school selected for student teaching. The
student teacher, under the direction and supervision of the
supervising teacher, shall exercise the authority of a substitute
teacher.
(c) (d) The state superintendent of schools may issue
certificates to graduates of teacher education programs and
alternative teacher education programs approved by the state board
of education and in accordance with rules adopted by the state
board after consultation with the secretary of education and the arts. who shall represent the board of directors of the state
college system and the board of trustees of the university of West
Virginia system A certificate to teach shall not be granted 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 of a teacher and who has not
attained the age of eighteen years on or before the first day of
October of the year in which his of her certificate is issued;
except 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.
(d) (e) In consultation with the secretary of education and
the arts, who shall represent the board of directors of the state
college system and the board of trustees of the university of West
Virginia system, institutions of higher education approved for
teacher preparation may cooperate with each other, with the center
for professional development and with one or more county boards of
education in the organization and operation of centers to provide
selected phases of the teacher preparation program such as student
teaching, beginning teacher internship programs, instruction in
methodology and seminar programs for college students, teachers
with provisional certification, professional support team members
and supervising teachers.
Such The institutions of higher education, the center for professional development and county boards of education may by
mutual agreement budget and expend funds for the operation of such
the centers through payments to the appropriate fiscal office of
the participating institutions, the center for professional
development and the county boards.
(f) The provisions of this section shall not be construed to
require the discontinuation of an existing student teacher training
center or school which meets the standards of the state board of
education.
(g) All institutions of higher education approved for teacher
preparation in the school year of one thousand nine hundred
sixty-two--sixty-three shall continue to hold that distinction so
long as they meet the minimum standards for teacher preparation.
Nothing contained herein shall infringe upon the rights granted to
any institution by charter given according to law previous to the
adoption of this code.
§18A-3-2c. Training through the principals academy.
(a) Principal training and professional development required.
-- After the first day of January, one thousand nine hundred
ninety-seven, effective date of this section and subject to the
provisions of subsection (c) of this section, every principal shall
complete a training program and professional development through
the principals academy at least once every four years as provided
in subsection (b) of this section.
(b) Admission to Principal training and professional
development through the academy. -- The academy and the persons
attending such required to complete training and professional
development through the academy shall adhere to the following
guidelines: for admission to the academy
(1) All persons assigned as a principal for the first time in
a West Virginia school after the first day of March, one thousand
nine hundred ninety-six July, two thousand two, shall complete
specialized training and professional development for newly
appointed principals through the academy within the first twelve
months following said assignment; Provided, That if training
through the academy is scheduled to begin within ninety days from
the date of assignment, such person may complete the next scheduled
training through the academy
(2) All principals of schools which have received from the
state board temporary or conditional accreditation status or whose
schools have been designated as seriously impaired, in accordance
with section five, article two-e, chapter eighteen of this code,
shall complete the next regularly scheduled specialized training
and professional development through the academy specifically
designed to assist the principal to improve school performance
commencing as soon as practical following receipt of the
designation.
If a monitor is appointed for the seriously impaired
school pursuant to said section five, the specialized training and professional development shall be coordinated through the monitor;
following the date of such designation: Provided, That if training
through the academy is scheduled to begin within thirty days from
the date of such designation, such principal may complete the next
scheduled training through the academy: Provided, however, That
principals whose schools have received conditional accreditation
status, whose plan for correcting the deficiency which resulted in
conditional accreditation status exceeds one year and whose schools
are meeting the requirements of the plan, shall not be required to
attend the academy in each successive year
(3) All principals who are subject to an improvement plan, in
accordance with section twelve, article two of this chapter, shall
complete the next regularly scheduled specialized training and
professional development through the academy specifically designed
for principals subject to an improvement plan. The specialized
training and professional development shall be completed within
twelve months from the date that the principal is first subject to
the improvement plan; Provided, That if training through the
academy is scheduled to begin within thirty days from the date the
principal is first subject to the improvement plan, then such
principal may complete the next scheduled training through the
academy
(4) All principals of schools which have received temporary or
conditional accreditation status from the state board in accordance with section five, article two-e, chapter eighteen of this code,
shall complete the next regularly scheduled training and
professional development through the academy specifically designed
for principals whose schools have received temporary or conditional
accreditation status: Provided, That if training through the
academy is scheduled to begin within thirty days from the date that
the status was received, the principal may complete the next
scheduled training through the academy: Provided, however, That
principals whose schools have received conditional accreditation
status, whose plan for correcting the deficiency which resulted in
conditional accreditation status exceeds one year and whose schools
are meeting the requirements of the plan, shall not be required to
attend the academy in each successive year;
(4) (5) All principals who transfer to a school with a
significantly different grade configuration shall complete the next
regularly scheduled specialized training and professional
development for principals in schools with the grade configuration
to which they transferred through the academy within the first
twelve months following said transfer; and Provided, That if
training through the academy is scheduled to begin within ninety
days from the date such principal is transferred, then such
principal may complete the next scheduled training through the
academy
(5) (6) All persons serving as school principals who are not described in subdivisions (1) through (4) of this subsection shall
complete training and professional development through the academy
designed to build the qualities, proficiencies and skills required
of all principals as determined by the state board. at least once
every four years from and after the first day of January, one
thousand nine hundred ninety-seven
(c) Academy and attendance requirements to complete training
and professional development subject to funding. -- The requirement
that principals attend complete training and professional
development through the academy shall be subject to the
availability of funds for the principals academy from legislative
appropriation or and from other sources. If such these funds are
insufficient to provide for the total cost of admission to the
academy for those required to complete training the training and
professional development required by subsection (b) of this
section, then the academy shall admit provide training and
professional development for the persons described in subdivisions
(1) through (5), (6) of said subsection (b) of this section
according to the priority in which the subdivisions appear in said
subsection. If such funds are insufficient to provide for the
admission training and professional development of all the persons
described in one or more of subdivisions (1) through (5) (6),
subsection (b) of this section, the academy is authorized to
determine which persons described within the said subdivision or subdivisions shall be admitted and which shall not be admitted:
Provided, That the principals academy shall make every effort to
ensure that all principals attend receive training and professional
development through the academy at least once every four six years
from and after the first day of January, one thousand nine hundred
ninety-seven July, two thousand two: Provided, however, That
nothing in this section shall be construed to require any specific
level of funding by the Legislature.
(d) Principals standards advisory council. -- To assist the
state board in the performance of the duties described in
subsection (e) of this section, there is hereby created a
"Principals Standards Advisory Council," which shall consist of
nine seven persons, as follows: The executive director or
designee, of the center for professional development, who shall
serve as the ex officio chair; three principals, one from an
elementary school and one from a middle school or a junior high
school selected by the West Virginia association of elementary and
middle school principals, and one from a high school selected by
the West Virginia association of secondary school principals; and
one county school superintendent selected by the West Virginia
association of school administrators; nominated by the state board
and appointed by the governor; and two representatives from higher
education who teach in principal preparation programs selected by
the teacher education advisory council. nominated by the chancellor of the state university system and appointed by the
governor; and two citizen representatives who are knowledgeable on
issues addressed in this section, appointed by the governor. Of
the initial appointments, three of the members appointed shall
serve for a term of three years, three members shall serve for a
term of two years, and two members shall serve for a term of one
year. All successive appointments shall be for a term of three
years Members of the principals standards advisory council who
are public employees shall be granted release time from their
employment for attending meetings of the council. Members may be
reimbursed for reasonable and necessary expenses actually incurred
in the performance of their official duties by the center for
professional development. The terms of all members appointed to
the principals standards advisory council under the prior enactment
of this section shall terminate on the thirty-first day of August,
two thousand two. The principals standards advisory council as
amended on the effective date of this section shall become
effective on the first day of September, two thousand two.
(e) Establishment of standards. -- On or before the first day
of October, one thousand nine hundred ninety-six, the state board
shall approve and promulgate rules regarding the minimum qualities,
proficiencies and skills that will be required of principals after
the first day of January, one thousand nine hundred ninety-seven.
The state board shall promulgate and may from time to time amend such rules after consultation with the principals standards
advisory council created in subsection (d) of this section. The
rule developed rules promulgated by the state board shall address
at least the following:
(1) Staff relations, including, but not limited to, the
development and use of skills necessary to make a positive use of
faculty senates, to manage faculty and staff with courtesy and
mutual respect, coach and motivate employees, and to build
consensus as a means of management;
(2) School community leadership qualities, including, but not
limited to, the ability to organize and leverage community
initiative, communicate effectively, work effectively with local
school improvement councils, manage change, resolve conflict and
reflect the highest personal values;
(3) Educational proficiencies, including, but not limited to,
knowledge of curriculum, instructional techniques, student learning
styles, student assessment criteria, school personnel performance,
evaluation skills and family issues; and
(4) Administrative skills, including, but not limited to,
organizational, fiscal, public policy and total quality management
skills and techniques.
(f) Waivers. -- Any person desiring to be relieved of the
requirements of all or any part of this section may apply in
writing to the state board for a waiver. Upon a showing of reasonable cause why relief should be granted, the state board may
grant a waiver, upon such terms and conditions as the state board
shall determine proper, as to all or any part of this section.
(g) Failure to comply. -- Any person who fails or refuses to
complete training and professional development through the academy,
as required by the provisions of this section, and who fails to
obtain a waiver, as described in subsection (f) of this section,
shall be ineligible to be employed as, or serve in the capacity of,
a principal.
(h) Tracking of requirement. -- On or before the first day of
January, one thousand nine hundred ninety-seven, the state board
shall establish a system to track the progress of each person
required to complete training through the academy and shall
regularly advise such persons of their progress.
(i) Payment of reasonable and necessary expenses and stipends.
-- The center for professional development may shall reimburse
persons attending the academy for reasonable and necessary
expenses. Additionally, any person whose attendance occurs outside
his or her employment term, as defined in section fifteen, article
five, chapter eighteen of this code, may be entitled to a stipend
to be determined by and paid by the center for professional
development. A person may not be required to complete training and
professional development through the principals academy before the
fifteenth day of September and after the first day of June of the school year. The center for professional development shall utilize
alternative methods of instructional delivery and scheduling,
including electronic delivery, as deemed appropriate to minimize
the amount of time principals completing training and professional
development through the academy are required to be away from their
school duties. Provided, That Nothing in this section shall be
construed to require any specific level of funding by the
Legislature.
ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.
§18A-3A-1. Center for professional development established; intent
and mission; principals academy curriculum and
expenses; authorization to charge fees.
(a) Teaching is a profession that directly correlates to the
social and economic well-being of a society and its citizens.
Superior teaching is essential to a well educated and productive
populace. Strong academic leadership provided by principals and
administrators skilled in modern management principles is also
essential. The intent of this article is to recognize the value of
professional involvement by experienced educators, principals and
administrators in building and maintaining a superior force of
professional educators and to establish avenues for applying such
involvement.
(b) The general mission of the center is to study matters
relating to advance the quality of teaching and management in the schools of West Virginia and to promote through (1) the
implementation primarily of statewide training, professional staff
development and technical assistance programs and practices as
recommended by the state board to assure the highest quality in of
teaching and management; and (2) the provision of technical and
other assistance and support to regional and local education
agencies in identifying and providing high quality professional
staff development and training programs and implementing practices
to meet their locally identified needs. The center also may
implement local programs if the state board, in its agenda set
master plan for professional staff development established pursuant
to section twenty-three-a, article two, chapter eighteen of this
code, determines that there is a specific local need for the
programs. Additionally, the center shall perform such duties as
are assigned to it by law.
Nothing in this article shall be construed to require any
specific level of funding by the Legislature.
(b) (c) On the thirty-first day of August, two thousand two,
the center for professional development board in existence under
the prior enactment of this section is abolished. Title to all
property vested in the center for professional development board
under the prior enactment of this section and each valid agreement,
obligation, order, resolution and rule are hereby transferred to
and shall be vested in the center for professional development board created in subsection (d) of this section. All full-time
employees of the center for professional development on the
thirty-first day of August, two thousand two, shall become
full-time employees of the center for professional development
under the center board created in subsection (d) of this section
at the same level of compensation, benefits and seniority.
(d) Effective the first day of September, two thousand two,
the center for professional development board shall consist of
eleven persons as follows: The secretary of education and the
arts, ex officio, and the state superintendent of schools, ex
officio, both of whom shall be entitled to vote and who shall serve
as the cochairs of the center board; three members one member of
the state board, elected by the state board; three six experienced
educators in the public schools of this state, of whom two three
shall be working classroom teachers, one each from the elementary,
middle and high school levels, and one three of whom shall be a
school or county administrator administrators, all of whom shall be
experienced educators who have achieved recognition for their
superior knowledge, ability and performance in teaching or
management, as applicable, pursuant to criteria and processes
established by the state board, appointed by the state board;
appointed by the governor by and with the advice and consent of the
Senate; the chair of the teacher education advisory council, ex
officio, who shall be entitled to vote; and an assistant state superintendent who is responsible for curriculum and student
services, ex officio, who shall be entitled to vote. and three
citizens of the state who are knowledgeable in matters relevant to
the issues addressed by the center, including, but not limited to,
professional development and management principles, appointed by
the governor by and with the advice and consent of the Senate Not
more than two experienced educators appointed to the board
appointees shall be residents within the same congressional
district. The center board shall elect a board chair.
Of the initial members from the state board, one shall be
elected for a term of one year and two shall be elected for terms
of two years. All successive elections shall be for two-year
terms. The member elected from the state board shall serve for a
term of two years and may not serve more than two consecutive
two-year terms. The state board shall elect another member to
fill the unexpired term of any person so elected who subsequently
vacates state board membership. Of the initial experienced
educators appointed to the board, appointed members, three shall be
appointed for one-year terms and three shall be appointed for
two-year terms. All successive appointments shall be for two-year
terms. An experienced educator may not serve more than two
consecutive two-year terms. The governor state board shall appoint
a new member to fill the unexpired term of any vacancy in the
appointed membership.
(e) The center for professional development board shall meet
at least quarterly and the appointed members shall be reimbursed
for reasonable and necessary expenses actually incurred in the
performance of their official duties from funds appropriated or
otherwise made available for such purposes upon submission of an
itemized statement therefor.
(f) The center board, The board chair, with the advice of the
center board, from appropriations to the center for professional
development, may shall employ and fix the compensation of an
executive director with knowledge and experience in professional
development and management principles and such other persons as may
be necessary to carry out the mission and duties of the center.
The executive director shall serve at the will and pleasure of the
center board. The executive director of the center shall also
serve as the chair of the West Virginia staff development advisory
council created in article two-i, chapter eighteen of this code,
and as the chair of the principals standards advisory council
created in section two-c, article three of this chapter, and shall
convene regular meetings of these councils to effectuate the
purposes of these councils. When practical, personnel employed by
state higher education agencies and state, regional and county
public education agencies shall be made available to the center to
assist in the operation of projects of limited duration. The
center for professional development shall be located within the offices of the state department of education.
(g) The center shall assist in the delivery of programs and
activities pursuant to this article to meet statewide, and if
needed as determined by the goals and master plan for professional
staff development established set by the state board pursuant to
section twenty-three-a, article two, chapter eighteen of this code,
the local professional development needs of teachers, principals
and administrators and may contract with existing agencies or
agencies created after the effective date of this section or others
to provide training programs in the most efficient manner.
Existing programs currently based in agencies of the state shall be
continued in the agency of their origin unless the center
establishes a compelling need to transfer or cancel the existing
program. The center shall recommend to the governor the transfer
of funds to the providing agency, if needed, to provide programs
approved by the center.
Pursuant to the provisions of article ten, chapter four of
this code, the center for professional development board shall
continue to exist until the first day of July, two thousand one.
(c) On or before the first day of January, one thousand nine
hundred ninety-eight,
(h) The center for professional development shall develop and
communicate to the state board implement training and professional
development programs for the principals academy a curriculum for the principals academy. The curriculum shall be based upon the
minimum qualities, proficiencies and skills necessary for
principals and recommended by the state board, in accordance with
the standards established by the state board pursuant to the terms
of section two-c, article three of this chapter.
(d) (i) In accordance with section two-c, article three of
this chapter, the center shall be responsible for paying reasonable
and necessary expenses for persons attending the principals
academy: Provided, That nothing in this section shall be construed
to require any specific level of funding by the Legislature.
(e) (j) The state board may establish fees which may be
charged by the center for professional development for persons
attending the professional development offerings of the center and
such other courses and services as shall be offered by the center
for professional development, except the principals academy. shall
be assessed fees which shall be less than the full cost of
attendance There is hereby created in the state treasury a special
revenue account known as the "center for professional development
fund". All moneys collected by the center shall be deposited in
the fund for expenditure by the center board for the purposes
specified in this section. Moneys remaining in the fund at the end
of the fiscal year are subject to reappropriation by the
Legislature.
§18A-3A-2. Professional development project.
Subject to the provisions of section twenty-three-a, article
two, chapter eighteen of this code, through this project the center
shall:
(1) Identify, coordinate, arrange and otherwise assist in the
delivery of professional development programs and activities that
help professional educators acquire the knowledge, skills,
attitudes, practices and other such pertinent complements deemed
essential for an individual to demonstrate appropriate performance
as a professional personnel in the public schools of West Virginia.
The basis for such performance shall be the laws, policies and
regulations adopted for the public schools of West Virginia, and
amendments thereto. The center also may permit and encourage
school personnel such as classroom aides, higher education teacher
education faculty and higher education faculty in programs such as
articulated tech prep associate degree and other programs to
participate in appropriate professional development programs and
activities with public school professional educators;
(2) Identify, coordinate, arrange and otherwise assist in the
delivery of professional development programs and activities that
help principals and administrators acquire knowledge, skills,
attitudes and practices in academic leadership and management
principles for principals and administrators and such other
pertinent complements deemed essential for principals and
administrators to demonstrate appropriate performance in the public schools of West Virginia. The basis for such performance shall be
the laws, policies and regulations adopted for the public schools
of West Virginia, and amendments thereto;
(3) Serve in a coordinating capacity to assure that the
knowledge, skills, attitude and other pertinent complements of
appropriate professional performance which evolve over time in the
public school environment are appropriately reflected in the
programs approved for the education of professional personnel,
including, but not limited to, advising the teacher education
programs of major statutory and policy changes in the public
schools which affect the job performance requirements of
professional educators, including principals and administrators;
(4) Provide for the routine updating of professional skills of
professional educators, including principals and administrators,
through in-service and other programs. Such routine updating may
be provided by the center through statewide or regional institutes
which may require a registration fee; and
(5) Provide consultation and assistance to county staff
development councils established under the provisions of section
eight, article three of this chapter in planning, designing,
coordinating, arranging for and delivering professional development
programs to meet the needs of the professional educators of their
district. From legislative appropriations to the center for
professional development, exclusive of such amounts required for the expenses of the principals academy, the center shall, unless
otherwise directed by the Legislature, provide assistance in the
delivery of programs and activities to meet the expressed needs of
the school districts for professional development to help teachers,
principals and administrators demonstrate appropriate performance
based on the laws, policies and regulations adopted for the public
schools of West Virginia; and
(6) Provide professional staff development programs, subject
to state board approval, that satisfy some or all of the criteria
necessary for currently certified professional educators to meet
the requirements for an additional endorsement in an area of
certification and for certification to teach in the middle school
grades.
§18A-3A-2b. The principals academy.
There is hereby established within the center for professional
development the "Principals Academy". Training through the
principals academy shall include at least the following:
(a) Training designed to build within principals the minimum
qualities, proficiencies and skills that will be required of all
principals pursuant to the rules of the state board;
(b) Intensive summer training institutes; and
(c) (b) Specialized training and professional development
programs for all principals, with special programs for the
following principals ; and
(c) Specialized training and professional development programs
for the following principals:
(1) Newly appointed principals;
(2) Principals of schools which have received from the state
board temporary or conditional accreditation status or whose
schools have been designated as seriously impaired, which programs
shall commence as soon as practical following the designation;
(3) Principals subject to improvement plans; and
(4) Principals of schools which have received from the state
board temporary or conditional accreditation status; and
(4) (5) Principals of schools with significantly different
grade level configurations.