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Enrolled Version - Final Version House Bill 4101 History

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ENROLLED

Committee Substitute

for

H. B. 4101

 

(By Delegates Perry, Shaver, D. Campbell, Lawrence,

Pethtel, Armstead, Duke, Savilla, Sigler, Paxton and M. Poling)

[Passe March 10, 2012; in effect ninety days from passage.]

 

AN ACT to amend and reenact §18A-3-1 and 18A-3-2a of the code of West Virginia, 1931, as amended, all relating to teacher preparation and certification; authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching; defining teacher-in-residence programs and providing minimum requirements; providing use of certain funds for program support and student stipend; specifying formula for calculating stipend; creating teacher-in-residence permit and specifying conditions; authorizing counties with comprehensive induction programs to use consistent structure for supervision and training of student teachers; conforming sections to other provisions of law; removing duplicative and obsolete language; and making technical corrections throughout.

Be it enacted by the Legislature of West Virginia:

    That §18A-3-1 and 18A-3-2a of the code of West Virginia, 1931, as amended, be amended and reenacted, all 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 is under the general direction and control of the state board after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education who shall represent the interests of educator preparation programs within the institutions of higher education in this state as 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. The programs include the following:

    (1) Programs in all institutions of higher education, including student teaching and teacher-in-residence programs as provided in this section;

    (2) Beginning teacher internship and induction programs;

    (3) Granting 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) 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) Continuing professional education, professional development and in-service training programs for professional educators employed in the public schools in the state.

    (b) After consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, the state board shall adopt standards for the education of professional educators in the state and for awarding certificates valid in the public schools of this state. The standards include, but are not limited to the following:

    (1) 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) A provision for the study of classroom management techniques, including methods of effective management of disruptive behavior including societal factors and their impact on student behavior; and

    (3) A teacher from another state shall be awarded a teaching certificate for a comparable grade level and subject area valid in the public schools of this state, subject to section ten of this article, if he or she has met the following requirements:

    (A) Holds a valid teaching certificate or a certificate of eligibility issued by another state;

    (B) Has graduated from an educator preparation program at a regionally accredited institution of higher education;

    (C) Possesses the minimum of a bachelor’s degree; and

    (D) Meets all of the requirements of the state for full certification except employment.

    (c) The state board may enter into an agreement with county boards for the use of the public schools in order to give prospective teachers the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.

    (d) An agreement established pursuant to subsection (c) of this section shall recognize student teaching as a joint responsibility of the educator preparation institution and the cooperating public schools. The agreement shall include the following items:

    (1) The minimum qualifications for the employment of public school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising;

    (2) The remuneration to be paid to public school teachers by the state board, in addition to their contractual salaries, for supervising student teachers;

    (3) Minimum standards to guarantee the adequacy of the facilities and program of the public school selected for student teaching;

    (4) Assurance that the student teacher, under the direction and supervision of the supervising teacher, shall exercise the authority of a substitute teacher; and

    (5) A provision requiring any higher education institution with an educator preparation program to document that the student teacher’s field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification;

    (6) A provision authorizing a school or school district that has implemented a comprehensive beginning teacher induction program, to enter into an agreement that provides for the training and supervision of student teachers consistent with the educational objectives of this subsection by using an alternate structure implemented for the support, supervision and mentoring of beginning teachers. The agreement is in lieu of any specific provisions of this subsection and is subject to the approval of the state board.

    (e) Teacher-in-residence programs. --

    (1) In lieu of the provisions of subsections (c) and (d) of this section and subject to approval of the state board, an institution of higher education with a program for the education of professional educators in the state approved by the state board may enter into an agreement with county boards for the use of teacher-in-residence programs in the public schools.

    (2) A “teacher-in-residence program” means an intensively supervised and mentored residency program for prospective teachers during their senior year that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.

    (3) The authorization for the higher education institution and the county board to implement a teacher-in-residence program is subject to state board approval. The provisions of the agreement include, but are not limited to, the following items:

    (A) A requirement that the prospective teacher in a teacher-in-residence program shall have completed the content area preparation courses and shall have passed the appropriate basic skills and subject matter test or tests required by the state board for teachers to become certified in the area for which licensure is sought;

    (B) A requirement that the teacher-in-residence serve only in a teaching position in the county which has been posted and for which no other teacher fully certified for the position has been employed;

    (C) Specifics regarding the program of instruction for the teacher-in-residence setting forth the responsibilities for supervision and mentoring by the higher education institution’s educator preparation program, the school principal, and peer teachers and mentors, and the responsibilities for the formal instruction or professional development necessary for the teacher-in-residence to perfect his or her professional practice skills. The program also may include other instructional items as considered appropriate.

    (D) A requirement that the teacher-in-residence hold a teacher-in-residence permit qualifying the individual to teach in his or her assigned position as the teacher of record;

    (E) A requirement that the salary and benefit costs for the position to which the teacher-in-residence is assigned shall be used only for program support and to pay a stipend to the teacher-in-residence as specified in the agreement, subject to the following:

    (i) The teacher-in-residence is a student enrolled in the teacher preparation program of the institution of higher education and is not a regularly employed employee of the county board;

    (ii) The teacher in residence is included on the certified list of employees of the county eligible for state aid funding the same as an employee of the county at the appropriate level based on their permit and level of experience;

    (iii) All state aid funding due to the county board for the teacher-in-residence shall be used only in accordance with the agreement with the institution of higher education for support of the program as provided in the agreement, including costs associated with instruction and supervision as set forth in paragraph (C) of this subdivision;

    (iv) The teacher-in-residence is provided the same liability insurance coverage as other employees; and

    (v) All state aid funding due to the county for the teacher- in-residence and not required for support of the program shall be paid as a stipend to the teacher-in-residence: Provided, That the stipend paid to the teacher-in-residence shall be no less than sixty-five percent of all state aid funding due the county for the teacher-in-residence.

    (4) Other provisions that may be required by the state board.

    (f) In lieu of the student teaching experience in a public school setting required by this section, an institution of higher education may provide an alternate student teaching experience in a nonpublic school setting if the institution of higher education meets the following criteria:

    (1) Complies with the provisions of this section;

    (2) Has a state board approved educator preparation program; and

    (3) Enters into an agreement pursuant to subdivisions (g) and (h) of this section.

    (g) At the discretion of the higher education institution, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall require one of the following:

    (1) The student teacher shall complete at least one half of the clinical experience in a public school; or

    (2) The educator preparation program shall include a requirement that any student performing student teaching in a nonpublic school shall complete the following:

    (A) At least two hundred clock hours of field-based training in a public school; and

    (B) A course, which is a component of the institution’s state board approved educator preparation program, that provides information to prospective teachers equivalent to the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the public schools in West Virginia. The course also shall include instruction on at least the following elements:

    (i) State board policy and provisions of this code governing public education;

    (ii) Requirements for federal and state accountability, including the mandatory reporting of child abuse;

    (iii) Federal and state mandated curriculum and assessment requirements, including multicultural education, safe schools and student code of conduct;

    (iv) Federal and state regulations for the instruction of exceptional students as defined by the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and

    (v) Varied approaches for effective instruction for students who are at-risk.

    (h) In addition to the requirements set forth in subsection (g) of this section, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall include the following:

    (1) A requirement that the higher education institution with an educator preparation program shall document that the student teacher’s field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification; and

    (2) The minimum qualifications for the employment of school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising.

    (i) The state superintendent may issue certificates as provided in section two-a of this article to graduates of educator preparation programs and alternative educator preparation programs approved by the state board. The certificates are issued 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 for Higher Education.

    (1) A certificate to teach may be granted only to a person who meets the following criteria:

    (A) Is a citizen of the United States, except as provided in subdivision (2) of this subsection;

    (B) Is of good moral character;

    (C) Is physically, mentally and emotionally qualified to perform the duties of a teacher; and

    (D) Is at least eighteen years of age on or before October 1, of the year in which his or her certificate is issued.

    (2) A permit to teach in the public schools of this state may be granted to a person who is an exchange teacher from a foreign country or an alien person who meets the requirements to teach.

    (j) In consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, institutions of higher education approved for educator preparation may cooperate with each other, with the center for professional development and with one or more county boards to organize and operate centers to provide selected phases of the educator preparation program. The phases include, but are not limited to the following:

    (1) Student teaching and teacher-in-residence programs;

    (2) Beginning teacher internship and induction programs;

    (3) Instruction in methodology; and

    (4) Seminar programs for college students, teachers with provisional certification, professional support team members and supervising teachers.

    By mutual agreement, the institutions of higher education, the center for professional development and county boards may budget and expend funds to operate the centers through payments to the appropriate fiscal office of the participating institutions, the center for professional development and the county boards.

    (k) The provisions of this section do not require discontinuation of an existing student teacher training center or school which meets the standards of the state board.

    (l) All institutions of higher education approved for educator preparation in the 1962-63 school year continue to hold that distinction so long as they meet the minimum standards for educator preparation. Nothing in this section infringes upon the rights granted to any institution by charter given according to law previous to the adoption of this code.

 

    (m) Definitions. -- For the purposes of this section, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:

    (1) “Nonpublic school” means a private school, parochial school, church school, school operated by a religious order or other nonpublic school that elects to meet the following conditions:

    (A) Comply with the provisions of article twenty-eight, chapter eighteen of this code;

    (B) Participate on a voluntary basis in a state operated or state sponsored program provided to this type school pursuant to this section; and

    (C) Comply with the provisions of this section;

    (2) “At-risk” means a student who has the potential for academic failure, including, but not limited to, the risk of dropping out of school, involvement in delinquent activity or poverty as indicated by free or reduced lunch status; and

    (3) Exceptional child” or “exceptional children” has the meaning ascribed to these terms pursuant to section one, article twenty, chapter eighteen of this code, but, as used in this section, the terms do not include gifted students.

§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 conditions:

    (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 education, and

    (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 documentation submitted.

    (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 issuance:

    (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 applicable; or

    (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 certificate.

    (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 board.

    (d) Paraprofessional certificate. -- A paraprofessional certificate may be issued to a person who meets the following conditions:

    (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) 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) 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 board.

    (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.

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