H. B. 4553
(By Delegates Tabb, Swartzmiller, Crosier, Hartman,
Poling, Renner and LongSPONSOR)
(Originating in the Committee on Education)
[February 20, 2004]
A BILL to amend and reenact §18A-3-1 Bill Titleof the code of West Virginia,
1931, as amended, relating to standards for awarding
certificates to teach in the public schools; establishing
condition on award of certificates to teachers certified by
another state; and providing dismissal grounds for failure of
certain responsible officials to comply. Title Language
Be it enacted by the Legislature of West Virginia:
That §18A-3-1Enacting Section 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-3-1. 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 and the chancellor of the for higher education policy
commission, who shall represent the 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,
except as provided in subsection (b) of this section; (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 and the chancellor of the for
higher education policy commission, who shall represent the 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; and
(3) Effective on the effective date of this section, the
standard for the awarding of certificates valid in the public
schools for any teacher who has graduated from a teacher
preparation program at a regionally accredited institution of
higher education and who holds a valid teaching certificate or
certificates issued by another state is that such a teacher shall be awarded a teaching certificate or certificates for the same
grade level or levels and subject area or areas valid in the public
schools of this state, subject only to the provisions of section
ten of this article. The failure of a responsible higher education
or public education official to comply with the provisions of this
subdivision is grounds for dismissal.
(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 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.
(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 this section and rules adopted by the state board
after consultation with the secretary of education and the arts and
the chancellor of the for higher education. policy commission. 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 or 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.
(e) In consultation with the secretary of education and the
arts and the chancellor of the for higher education, policy
commission 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 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.
The institutions of higher education, the center for
professional development and county boards may by mutual agreement
budget and expend funds for the operation of 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.
Strike-throughs indicates language that would be stricken from
the present law, and underscoring indicates new language that would
be added.