Senate Bill No. 120
(By Senators Miller and Laird)
[Introduced February 13, 2013; referred to the Committee on
A BILL to amend and reenact §18A-3-2a of the Code of West Virginia,
1931, as amended, relating to issuance of a barrister's
certificate to teach course-specific curricula in West
Virginia public schools.
Be it enacted by the Legislature of West Virginia:
That §18A-3-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
§18A-3-2a. Certificates valid in the public schools that may be
issued by the state superintendent.
In accordance with state board rules for the education of
professional educators adopted pursuant to section one of this article and subject to the limitations and conditions of that
section, the state superintendent may issue the following
certificates valid in the public schools of the state:
(a) Professional teaching certificates. --
(1) A professional teaching certificate for teaching in the
public schools may be issued to a person who meets the following
(A) Holds at least a bachelor's degree from an accredited
institution of higher education in this state, and
(i) Has completed a program for the education of teachers
which meets the requirements approved by the state board; or
(ii) 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) Holds at least a bachelor's degree in a discipline taught
in the public schools from an accredited institution of higher
(i) Has passed appropriate state board approved basic skills
and subject matter tests; or
(ii) Has completed three years of successful experience within
the last seven years in the area for which licensure is being sought; and
(I) Has completed an alternative program for teacher education
approved by the state board,
(II) Is recommended for a certificate in accordance with the
provisions of sections one-a and one-b of this article relating to
the program, or
(III) Is recommended by the state superintendent based on
(2) 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.
(3) The initial professional certificate is issued
provisionally for a period of three years from the date of
(A) The certificate may be converted to a professional
certificate valid for five years subject to successful completion
of a beginning teacher internship or induction program, if
(B) The certificate may be renewed subject to rules adopted by
the state board.
(b) Alternative program teacher certificate. -- An alternative
program teacher certificate may be issued to a candidate who is
enrolled in an alternative program for the education of teachers in accordance with the provisions of section one-a of this article.
(1) The certificate is valid only for the alternative program
position in which the candidate is employed and is subject to
enrollment in the program.
(2) The certificate is valid for one year and may be renewed
for each of the following two consecutive years only.
(c) Professional administrative certificate. --
(1) 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:
(A) Holds at least a master's degree from an institution of
higher education accredited to offer a master's degree; and
(i) Has successfully completed an approved program for
administrative certification developed by the state board in
cooperation with the chancellor for higher education, and
(ii) Has successfully completed education and training in
evaluation skills through the center for professional development,
or equivalent education and training in evaluation skills approved
by the state board, and
(iii) Possesses three years of management level experience.
(2) Any person serving in the position of dean of students on June 4, 1992, is not required to hold a professional administrative
(3) The initial professional administrative certificate is
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
(d) Barrister's certificate. -- A barrister's certificate may
be issued to a person: (A) Admitted to the practice of law in West
Virginia pursuant to the rules promulgated by the Supreme Court of
Appeals of West Virginia; (B) in good standing with the West
Virginia State Bar; and (C) demonstrates to the state
superintendent the professional experience necessary to serve as a
volunteer professional educator in course-specific curricula. The
certificate shall be endorsed to indicate the grade level or levels
or areas of specialization in which the person is certified to
professionally teach or to serve in the public schools. Any person
teaching under a barrister's certificate may teach on a
noncompensated basis only.
(d) (e) Paraprofessional certificate. -- A paraprofessional
certificate may be issued to a person who meets the following
(1) 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
(2) Demonstrates the proficiencies to perform duties as
required of a paraprofessional as defined in section eight, article
four of this chapter.
(e) (f) Other certificates; permits. --
(1) 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.
(2) A certificate or permit may not be given permanent status
and a person holding one of these credentials 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.
(3) 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 coaches of other
extracurricular activities, whose duties may include the
supervision of students, subject to the following limitations:
(A) The person is employed under a contract with the county
board of education.
(i) The contract specifies the duties to be performed,
specifies a rate of pay that is equivalent to the rate of pay for professional educators in the district who accept similar duties as
extra duty assignments, and provides for liability insurance
associated with the activity; and
(ii) The person holding this certificate is not considered an
employee 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) The person completes an orientation program designed and
approved in accordance with state board rules.
(f) (g) Teacher-In-Residence Permit. --
(1) A teacher-in-residence permit may be issued to a candidate
who is enrolled in a teacher-in-residence program in accordance
with an agreement between an institution of higher education and a
county board. The agreement is developed pursuant to subsection
(f), section one of this article and requires approval by the state
(2) The permit is valid only for the teacher-in-residence
program position in which the candidate is enrolled and is subject
to enrollment in the program. The permit is valid for no more than
one school year and may not be renewed.
NOTE: The purpose of this bill is to permit the issuance of a barrister's certificate to teach course specific curricula in West
Virginia public schools.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would