H. B. 4688


(By Delegate Amores)

[Introduced February 21, 2006; referred to the

Committee on Education.]





A BILL to amend and reenact §18A-1-1 and §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to "volunteer athletic assistants" authorized, without pay, to supervise the student members of an athletic team or athletic organization created and operated by the public schools.

Be it enacted by the Legislature of West Virginia:
That §18A-1-1 and §18A-3-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS.

§18A-1-1. Definitions.
The definitions contained in section one, article one, chapter eighteen of this code apply to this chapter. In addition, the following words used in this chapter and in any proceedings pursuant to this chapter shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise. School personnel shall be comprised of two categories: Professional personnel and service personnel;
(b) "Professional personnel" means persons who meet the certification requirements of the state, licensing requirements of the state or both and includes the professional educator and other professional employees;
(c) "Professional educator" has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code. Professional educators shall be classified as:
(1) "Classroom teacher" means a professional educator who has direct instructional or counseling relationship with pupils, spending the majority of his or her time in this capacity;
(2) "Principal" means a professional educator who, as agent of the county board, has responsibility for the supervision, management and control of a school or schools within the guidelines established by the county board. The major area of the responsibility shall be the general supervision of all the schools and all school activities involving pupils, teachers and other school personnel;
(3) "Supervisor" means a professional educator who, whether by this or other appropriate title, is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement; and
(4) "Central office administrator" means a superintendent, associate superintendent, assistant superintendent and other professional educators, whether by these or other appropriate titles, who are charged with the administering and supervising of the whole or some assigned part of the total program of the countywide school system;
(d) "Other professional employee" means that person from another profession who is properly licensed and is employed to serve the public schools and includes a registered professional nurse, licensed by the West Virginia board of examiners for registered professional nurses and employed by a county board, who has completed either a two-year (sixty-four semester hours) or a three-year (ninety-six semester hours) nursing program;
(e) "Service personnel" means those who serve the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and as aides;
(f) "Principals academy" or "academy" means the academy created pursuant to section two-b, article three-a of this chapter;
(g) "Center for professional development" means the center created pursuant to section one, article three-a of this chapter;
(h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilities of one authorized full-time position;
(I) "Prospective employable professional personnel" means certified professional educators who:
(1) Have been recruited on a reserve list of a county board;
(2) Have been recruited at a job fair or as a result of contact made at a job fair;
(3) Have not obtained regular employee status through the job posting process provided for in section seven-a, article four of this chapter; and
(4) Have obtained a baccalaureate degree from an accredited institution of higher education within the past year;
(j) "Dangerous student" means a pupil who is substantially likely to cause serious bodily injury to himself, herself or another individual within that pupil's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the pupil, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense; and
(k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions.
(l) "Volunteer athletic assistant" means any individual authorized, without pay, to supervise the student members of an athletic team or athletic organization created and operated by the public schools. Volunteer athletic assistants may assist the coach or coaches of an athletic team or athletic organization during, but not limited to, practices, training, competitions, meets, games, tournaments or other athletic event or engagement authorized by the public schools. Volunteer athletic assistants are deemed to be authorized to supervise student members of athletic teams or athletic organizations after the potential volunteer athletic assistant candidate has been requested to assist the athletic team or organization by the athletic coach or coaches and has submitted to a criminal background check.
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, 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.
Any individual serving as a "volunteer athletic assistant", as defined in §18A-1-1 of this code, is not subject to the certificate requirements of this section.


 NOTE: The purpose of this bill is to create the unpaid position of "volunteer athletic assistant" for athletic teams and athletic organizations in the public schools.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.