H. B. 4101
(By Delegates Perry, Shaver, D. Campbell, Lawrence,
Pethtel, Armstead, Duke, Savilla, Sigler, Paxton and M. Poling)
[Originating in the Committee on Education.]
(February 6, 2012)
A BILL 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 certification under certain conditions of teachers certified in another state who did not graduate from regionally accredited institution; 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; creating teacher-in-residence permit and specifying conditions; conforming sections to other provisions of law and removing duplicative and outdated language; and authorizing counties with comprehensive induction programs to use consistent structure for supervision and training of student teachers.
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 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 and teacher-in-residence programs as provided in this section;
(2) Beginning teacher internship and induction 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, after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, 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 shall include, but not be 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 which shall include societal factors and their impact on student behavior; and
(3) Subject to the provisions of section ten of this article, 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, if he or she:
(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, or has graduated from an educator preparation program at an institution of higher education in another state that is not regionally accredited and has at least five years of satisfactory or higher ratings on his or her teacher evaluations in the public schools of other states where he or she has been employed as a classroom teacher;
(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) To give prospective teachers the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools, the state board may enter into an agreement with county boards for the use of the 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 and shall include:
(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 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) 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: Provided, That for a school or school district that has implemented a comprehensive beginning teacher induction program, an agreement may be established subject to the approval of the state board that provides for the training and supervision of student teachers consistent with the educational objectives of this subsection using a structure consistent with the structure implemented for the support, supervision and mentoring of beginning teachers, notwithstanding any specific provisions of this subsection.
(e) In lieu of the provisions for the agreement in 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. A teacher-in-residence program is an intensively supervised and mentored residency program for prospective teachers during their senior year that helps the prospective teachers to refine their professional practice skills and gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools. The use of a teacher-in-residence program is subject to an agreement entered into by the institution and county board and approved by the state board that includes, but is not limited to, the following:
(1) A prospective teacher in a teacher-in-residence program must have completed the content area preparation courses and passed the appropriate state board approved 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 being sought;
(2) A teacher-in-residence may serve only in a teaching position in the county which has been posted and no other teacher fully certified for the position has been employed;
(3) The program of instruction for the teacher-in-residence, including, but not limited to, the responsibilities for supervision and mentoring by the 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;
(4) A requirement for the teacher-in-residence to qualify for and have been issued a teacher-in-residence permit qualifying the teacher-in-residence to teach in his or her assigned position as the teacher of record;
(5) Provisions for the salary and benefit costs for the position to which the teacher-in-residence is assigned to be used as specified in the agreement for program support and for the payment of a stipend to the teacher-in-residence. These salary and benefit costs shall be calculated at the level of a teacher with a bachelor’s degree with zero years of experience; and
(6) Other provisions required by the state board, if any.
(e) (f) Beginning the fall, two thousand six – two thousand seven academic term, 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:
(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 (f) (g) and (h) of this section.
(f) (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 that either:
(1) The student teacher complete at least one half of the clinical experience in a public school; or
(2) The educator preparation program include a requirement that any student performing student teaching in a nonpublic school complete at least:
(A) 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 to prospective teachers information that is 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 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.;
(v) Varied approaches for effective instruction for students who are at-risk;
(g) (h) In addition to the requirements set forth in subsection (f) (g) of this section, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall:
(1) Require that the higher education institution with an educator preparation program 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) Include 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.
(h) (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 any a person who is:
(A) A citizen of the United States, except as provided in subdivision (2) of this subsection;
(B) Is of good moral character;
(C) Physically, mentally and emotionally qualified to perform the duties of a teacher; and
(D) At least eighteen years 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.
(I) (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:
(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.
The institutions of higher education, the center for professional development and county boards may by mutual agreement 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.
(j) (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.
(k) (l) All institutions of higher education approved for educator preparation in the 1962-63 school year shall 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.
(l) Notwithstanding any other provision of this section, nor any other provision of rule, law or this code to the contrary, an institution of higher education may enter into an agreement with a nonpublic school:
(1) For the purposes of this section regarding student teaching;
(2) For the spring, two thousand six academic term only;
(3) If the institution is approved for educator preparation by the state board; and
(4) If the institution had entered into the agreement for that academic term prior to the effective date of this section.
(m) As used in this section:
(1) “Nonpublic school” means a private school, parochial school, church school, school operated by a religious order or other nonpublic school that elects to:
(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 such schools pursuant to this section; and
(C) Comply with the provisions of this section;
(2) “At-risk” means having 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 children” has the meaning ascribed pursuant to section one, article twenty, chapter eighteen of this code, but does not include gifted students.
§18A-3-2a. Authority of state superintendent to issue certificates; kinds of Certificates valid in the public schools that may be issued by the state superintendent.
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 pursuant to section one of this article and subject to the limitations and conditions of said section, the state superintendent of Schools may issue the following 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 October 1, 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 in accordance with the provisions of sections one-a and one-b of this article relating to the program, or by 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 or induction program, if applicable, or renewed subject to rules adopted by the state board.
(2) 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. The certificate is valid only for the alternative program position in which the candidate is employed and is subject to enrollment in the program. The certificate is valid for one year and may be renewed for each of the following two consecutive years only.
(2) (3) 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 chancellor for higher education, 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 three years of management level experience. Provided, That anyone having received a certificate during the period from August 30, 1990, 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 September 1, 1992, 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) (4) 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) (5) 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 The 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 The person shall be is 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 these persons shall not be are 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 © such the person completes an orientation program designed and approved in accordance with state board rules. which shall be adopted no later than January 1, 1991
(6) Teacher-In-Residence Permit. -- 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 county board, and approved by the state board, pursuant to subsection (e), section one of this article. 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 not more than one school year and may not be renewed.
Strike-throughs indicate existing language that would be removed, and underscoring indicates new language that would be added.