COMMITTEE SUBSTITUTE

FOR

H. B. 4546

(By Campbell, Paxton, Poling, Spencer,

Williams, Tabb, Beach and Wysong)


(Originating in the Committee on Finance)

[February 23, 2006]



A BILL to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-3 of said code, all relating to national board for professional teaching standards; continuing additional compensation for holders of certification subsequently employed certain other professional positions; certain limitations on reimbursement of non- classroom teachers; increasing maximum for certain reimbursements; defining program completion for reimbursement purposes; continuing compensation if certificate renewed; and removing obsolete language.

Be it enacted by the Legislature of West Virginia:
That §18A-4-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18A-4-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-2a. State minimum salary bonus for classroom teachers with national board certification.

(a) The Legislature hereby finds and declares that the rigorous standards and processes for certification by the National Board for Professional Teaching Standards (NBPTS) helps to promote the quality of teaching and learning. Therefore, classroom teachers in the public schools of West Virginia should be encouraged to achieve national board certification through a reimbursement of expenses and an additional salary bonus which reflects their additional certification, to be paid in accordance with the provisions of this section.
(b) One thousand dollars shall be paid annually to each classroom teacher who holds a valid certificate issued by the National Board of Professional Teaching Standards for the life of the certification, but in no event more than ten years for any one certification: Provided, That beginning on the first day of July, two thousand one, in lieu of the one thousand dollars, Two thousand five hundred dollars shall be paid annually to each classroom teacher who holds a valid certificate issued by the National Board of for Professional Teaching Standards for the life of the certification, but in no event more than ten years for any one certification unless renewed.
(c) The payments:
(i) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule;
(ii) Shall be paid in equal monthly installments; and
(iii) Shall be considered a part of the state minimum salaries for teachers.
(d) One thousand dollars shall be paid for reimbursement once to each teacher who enrolls in the program for the national board for professional teaching standards certification and one thousand dollars shall be paid for reimbursement once to each teacher who completes the national board for professional teaching standards certification.  Effective the first day of July, two thousand one, in lieu of the one thousand dollar payment for reimbursements, One-half the certification fee shall be paid for reimbursement once to each teacher who enrolls in the program for the National Board for Professional Teaching Standards certification and one-half the certification fee shall be paid for reimbursement once to each teacher who completes ten scorable entries as verified by the National Board for Professional Teaching Standards. certification.  Teachers who achieve National Board for Professional Teaching Standards certification may be reimbursed a maximum of six seven hundred dollars for expenses actually incurred while obtaining the National Board for Professional Teaching Standards certification.
(e) The state board shall limit the number of teachers who receive the initial reimbursements of the certification fees set forth in subsection (d) to one hundred teachers annually. Effective the first day of July, two thousand one, in lieu of the limit of one hundred teachers annually, The state board shall limit the number of teachers who receive the initial reimbursements of the certification fees set forth in subsection (d) to two hundred teachers annually. All classroom teachers eligible for reimbursement within this limit shall be reimbursed before reimbursement is paid to other teachers. The state board shall establish selection criteria for the teachers by the legislative rule required pursuant to subsection (g) (h) of this section.
(f) Subject to the provisions of subsection (e) of this section, funding for reimbursement of the certification fee and expenses actually incurred while obtaining the National Board for Professional Teaching Standards certifications shall be administered by the State Department of Education from an appropriation established for that purpose by the Legislature. If funds appropriated by the Legislature to accomplish the purposes of this subsection are insufficient, the state department shall first reduce the reimbursement to non-classroom teachers and, if still insufficient, shall prorate the reimbursements for expenses and shall request of the Legislature, at its next regular session, funds sufficient to accomplish the purposes of this subsection, including needed retroactive payments.
(g) The holder of a valid certificate issued by the National Board for Professional Teaching Standards during his or her employment as a classroom teacher who, after the first day of July, two thousand six, is employed as a school principal, as an assistant school principal, or in another administrative position in an instructional leadership capacity or related to his or her area of national board certification, shall not forfeit his or her rights to be paid the additional salary bonus as specified in subsection (b) of this section.
(g) (h) The state board shall promulgate legislative rules pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.
§18A-4-3. State minimum annual salary increments for principals and assistant principals.

In addition to any salary increments for principals and assistant principals, in effect on the first day of January, two thousand two, and paid from local funds, and in addition to the county schedule in effect for teachers, the county board shall pay each principal, a principal's salary increment and each assistant principal an assistant principal's salary increment as prescribed by this section from state funds appropriated for the salary increments.
State funds for this purpose shall be paid within the West Virginia public school support plan in accordance with article nine-a, chapter eighteen of this code.
The salary increment in this section for each principal shall be determined by multiplying the basic salary for teachers in accordance with the classification of certification and of training of the principal as prescribed in this article, by the appropriate percentage rate prescribed in this section according to the number of teachers supervised.
STATE MINIMUM SALARY INCREMENT

RATES FOR PRINCIPALS

EFFECTIVE UNTIL JULY 1, 2002

No. of Teachers

Supervised Rates
1-7
9.0%

8-149.5%
15-2410.0%
25-3810.5%
39-5711.0%
58 and up11.5%
STATE MINIMUM SALARY INCREMENT

RATES FOR PRINCIPALS

EFFECTIVE ON AND AFTER JULY 1, 2002

No. of Teachers

Supervised Rates
1-7
10.0%

8-1410.5%
15-2411.0%
25-3811.5%
39-5712.0%
58 and up12.5%
The salary increment in this section for each assistant principal shall be determined in the same manner as that for principals, utilizing the number of teachers supervised by the principal under whose direction the assistant principal works, except that the percentage rate shall be fifty percent of the rate prescribed for the principal.
Salaries for employment beyond the minimum employment term shall be at the same daily rate as the salaries for the minimum employment terms.
For the purpose of determining the number of teachers supervised by a principal, the county board shall use data for the second school month of the prior school term and the number of teachers shall be interpreted to mean the total number of professional educators assigned to each school on a full-time equivalency basis:
Provided, That if there is a change in circumstances because of consolidation or catastrophe, the county board shall determine what is a reasonable number of supervised teachers in order to establish the appropriate increment percentage rate.
No county may reduce local funds allocated for salary increments for principals and assistant principals in effect on the first day of January, two thousand two, and used in supplementing the state minimum salaries as provided for in this article, unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making the reduction.
Nothing in this section prevents a county board from providing, in a uniform manner, salary increments greater than those required by this section.
(a) Effective on and after the first day of July, two thousand five, in addition to any salary increments for principals and assistant principals, in effect on the first day of July, two thousand five, and paid from local funds, and in addition to the county schedule in effect for teachers, the county board shall pay each principal, a principal's salary increment and each assistant principal an assistant principal's salary increment as prescribed by this section from state funds appropriated for the salary increments.
State funds for this purpose shall be paid within the West Virginia public school support plan in accordance with article nine-a, chapter eighteen of this code.
The salary increment in this section for each principal shall be determined by multiplying the basic salary for teachers in accordance with the classification of certification and of training of the principal as prescribed in this article, by the appropriate percentage rate prescribed in this section according to the number of teachers supervised.
STATE MINIMUM SALARY INCREMENT

RATES FOR PRINCIPALS

EFFECTIVE ON AND AFTER JULY 1, 2006

No. of Teachers

Supervised Rates
1-7
13.0%

8-1413.5%
15-2414.0%
25-3814.5%
39-5715.0%
58 and up15.5%
The salary increment in this section for each assistant principal shall be determined in the same manner as that for principals, utilizing the number of teachers supervised by the principal under whose direction the assistant principal works, except that the percentage rate shall be fifty percent of the rate prescribed for the principal.
Salaries for employment beyond the minimum employment term shall be at the same daily rate as the salaries for the minimum employment terms.
For the purpose of determining the number of teachers supervised by a principal, the county board shall use data for the second school month of the prior school term and the number of teachers shall be interpreted to mean the total number of professional educators assigned to each school on a full-time equivalency basis:
Provided, That if there is a change in circumstances because of consolidation or catastrophe, the county board shall determine what is a reasonable number of supervised teachers in order to establish the appropriate increment percentage rate.
No county may reduce local funds allocated for salary increments for principals and assistant principals in effect on the first day of July, two thousand five, and used in supplementing the state minimum salaries as provided for in this article, unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making the reduction.
Nothing in this section prevents a county board from providing, in a uniform manner, salary increments greater than those required by this section.