COMMITTEE SUBSTITUTE

FOR

H. B. 3171

(By Delegates Caputo, Longstreth, Manchin, M. Poling, Givens, Rowan, Smith, Martin, Ellem, Walker and Frazier)

(Originating in the Committee on Finance)

[February 28, 2011]

A BILL to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to creating the “Jason Flatt Act of 2011”; providing teachers, administrators and others having direct contact with students on the warning signs and resources to assist with suicide prevention; and providing teachers, administrators and others having direct contact with students with the education and training necessary to ensure the safety of state schools.

Be it enacted by the Legislature of West Virginia:

    That §18A-3A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.

§18A-3A-2. Professional development project.

    Subject to the provisions of section twenty-three-a, article two, chapter eighteen of this code, through this project the center shall:

    (1) Identify, coordinate, arrange and otherwise assist in the delivery of professional development programs and activities that help professional educators acquire the knowledge, skills, attitudes, practices and other such pertinent complements deemed essential for an individual to demonstrate appropriate performance as a professional personnel in the public schools of West Virginia. The basis for such performance shall be the laws, policies and regulations adopted for the public schools of West Virginia, and amendments thereto. The center also may permit and encourage school personnel such as classroom aides, higher education teacher education faculty and higher education faculty in programs such as articulated tech prep associate degree and other programs to participate in appropriate professional development programs and activities with public school professional educators;

    (2) Identify, coordinate, arrange and otherwise assist in the delivery of professional development programs and activities that help principals and administrators acquire knowledge, skills, attitudes and practices in academic leadership and management principles for principals and administrators and such other pertinent complements deemed essential for principals and administrators to demonstrate appropriate performance in the public schools of West Virginia. The basis for such performance shall be the laws, policies and regulations adopted for the public schools of West Virginia, and amendments thereto;

    (3) Serve in a coordinating capacity to assure that the knowledge, skills, attitude and other pertinent complements of appropriate professional performance which evolve over time in the public school environment are appropriately reflected in the programs approved for the education of professional personnel, including, but not limited to, advising the teacher education programs of major statutory and policy changes in the public schools which affect the job performance requirements of professional educators, including principals and administrators;

    (4) Provide for the routine updating of professional skills of professional educators, including principals and administrators, through in-service and other programs. Such routine updating may be provided by the center through statewide or regional institutes which may require a registration fee;

    (5) Provide for the routine education of all professional educators, including principals and administrators, and those school service personnel having direct contact with students on warning signs and resources to assist in suicide prevention under guidelines established by the state board. The education may be provided by the center through in-service professional development, or as a part of statewide or regional institutes, or other programs and may be accomplished through self-review of suicide prevention materials and resources approved by the state board. The provisions of this paragraph may be known and cited as the “Jason Flatt Act of 2011";

    (5) (6) Provide consultation and assistance to county staff development councils established under the provisions of section eight, article three of this chapter in planning, designing, coordinating, arranging for and delivering professional development programs to meet the needs of the professional educators of their district. From legislative appropriations to the center for professional development, exclusive of such amounts required for the expenses of the principals academy, the center shall, unless otherwise directed by the Legislature, provide assistance in the delivery of programs and activities to meet the expressed needs of the school districts for professional development to help teachers, principals and administrators demonstrate appropriate performance based on the laws, policies and regulations adopted for the public schools of West Virginia.

    Specifically, the center shall in consultation with county staff development councils provide routine education and training for all educators, principals, administrators, and those school personnel that have direct contact with students on the authority and responsibilities of teachers and other school personnel exercising authority over the school and control over the students as set forth in section one, article five of this chapter. In consultation with the county staff development councils, the education and training provided by the center may deliver programs on a statewide basis that are common on these topics to all counties, and may provide assistance to individual counties, as requested, in delivering education and training on topics specific to the county. In addition, in consultation with the county staff development councils, the education and training may include information on the authority and responsibilities of teachers and other school personnel to promote the safety of state schools, including but not limited to, harassment, intimidation and bullying pursuant to article two-c, chapter eighteen of this code; productive and safe schools pursuant to sections forty-two and forty-three, article five, chapter eighteen of this code; the prevention of child abuse, neglect and assault pursuant to section fifteen-c, article five, chapter eighteen of this code; the prevention, transmission and treatment of AIDS pursuant to section fifteen-d, article five, chapter eighteen of this code; school access safety plans pursuant to article nine-f, chapter eighteen of this code; the bill of rights and responsibilities for students and school personnel pursuant to section one-c, article five of this chapter; and policies of the state board related to providing a safe and productive school environment. This education and training may be provided by the center through in-service professional development or other programs approved by the state board and delivered on a statewide basis on topics that are common to all counties and through assistance to individual counties, as requested, on topics specific to the county. Three clock hours of the staff development for teachers and service personnel that are held on non instructional days within the employment term shall be used for the education and training on safety in the public schools as set forth in this paragraph annually; and

    (6) (7) Cooperate and coordinate with the institutions of higher education to provide professional staff development programs that satisfy some or all of the criteria necessary for currently certified professional educators to meet the requirements for an additional endorsement in an area of certification and for certification to teach in the middle school grades.

    If the center is not able to reach agreement with the representatives of the institutions providing teacher education programs on which courses will be approved for credit toward additional endorsements, the state board may certify certain professional staff development courses to meet criteria required by the state board. This certification shall be done on a course by course basis.