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ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 1006
(By Senator Tomblin (Mr. President),
By Request of the Executive)
____________
[Originating in the Committee on Education;
reported May 17, 2010.]
____________
A BILL to amend and reenact §18A-3-1a of the Code of West Virginia,
1931, as amended, relating to alternative principal and
teacher certification; authorizing alternative principal and
teacher certification programs; defining certain terms;
setting forth procedures for approving alternative education
programs by education providers; providing for alternative
instructional requirements; establishing eligibility
standards; setting forth certain requirements for training and
induction; and requiring certain legislative rules.
Be it enacted by the Legislature of West Virginia:
That §18A-3-1a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
§18A-3-1a. Alternative programs for the education of teachers and
principals; legislative rules required.
(a) For the purposes of this section, the following terms have
the meaning ascribed to them, unless the context in which a term is
used clearly requires a different meaning:
_____(1) "Alternative program principal certificate" means a
certificate issued for one year to a candidate who does not meet
the standard educational requirements for certification.
_____(2) "Alternative program teacher certificate" means a
certificate issued for one year to a candidate who does not meet
the standard educational requirements for certification;
_____(3) "Approved education provider" means an entity whose
alternative education programs leading to certification have been
approved by the state board through a process established by
legislative rule. An entity may not implement a program leading to
certification to work in the public schools of WV prior to
receiving approval from the state board; and
_____(4) "Area of critical need and shortage" means an opening in
an established, existing or newly-created position which has been
posted in accordance with section seven-a, article four of this
chapter and for which no fully-qualified applicant has been
employed;
__(a) By August 15, 2005, the state board, after consultation
with the Secretary of Education and the Arts, shall promulgate rules in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code for the approval and operation of
teacher education programs which are an alternative to the regular
college or university programs for the education of teachers.
(b) Establishment of alternative education programs.
__By October 1, 2010, after consultation with the Secretary of
Education and the Arts, the state board shall promulgate a
legislative rule or rules in accordance with article three-b,
chapter twenty-nine-a of this code to implement the provisions of
this section. The rule or rules shall include, but is not limited
to, the following issues:
__(1) Procedures for approval and operation of alternative
teacher education programs and alternative principal education
programs:
__(A) These programs are an alternative to the regular college
or university programs for the education of teachers and principals
and may be offered by schools, school districts, consortia of
schools, regional educational serve agencies or other approved
education providers; and
__(B) Each program is separate from other programs established
by this section.
__(2) Provisions for setting tuition charges to offset program
costs.
__(c) Alternative teacher education programs.
__(1) To participate in an approved alternative teacher
education program, the candidate must hold an alternative program teacher certificate issued by the state superintendent and endorsed
for the instructional field in which the candidate seeks
certification. An alternative program teacher certificate is a
certificate issued for one year to a candidate who does not meet
the standard educational requirements for certification.
(2) The certificate may be renewed no more than two times
twice and no individual may hold an alternative program teacher
certificate for a period exceeding three years. The alternative
program teacher certificate shall be considered is equivalent to a
professional teaching certificate for the purpose of the issuance
of issuing a continuing contract.
(3) To be eligible for an alternative program teacher
certificate, an applicant shall meet the following criteria:
(1) (A) Possess at least a bachelor's degree from a regionally
accredited institution of higher education in a discipline taught
in the public schools, except that the rules established pursuant
to subsection (b) of this section by the board may exempt from this
requirement candidates in selected vocational and technical areas
who have at least ten years' experience in the subject field; from
this requirement;
(2) (B) Pass an appropriate state board approved basic skills
and subject matter test approved by the state board in the area for
which licensure is being sought;
(3) (C) Be a citizen of the Hold United States citizenship; be
of good moral character and be physically, mentally and emotionally
qualified to perform the duties of a teacher,; and have attained
(D) Attain the age of eighteen years on or before October 1 of
the year in which the alternative program teacher certificate is
issued;
(4) (E) Have been offered Receive a formal offer of employment
in an area of critical need and shortage by from a county board; in
an area of critical need and shortage and
(5) (F) Qualify for employment following a criminal history
check pursuant to section ten of this article.
(4) Persons A person who satisfy satisfies the requirements
set forth in subdivisions (1) through (5) subdivision (3) of this
subsection shall be granted a formal document which will enable
authorizing them him or her to work in a public school in West
Virginia.
(b) (c) The rules adopted by the board shall include
provisions for the approval of alternative teacher education
programs which may be offered by schools, school districts,
consortia of schools, or regional educational service agency and
for the setting of tuition charges to offset the program costs. An
approved alternative teacher education program shall be in effect
for a school, school district, consortium of schools or regional
educational service agency before an alternative program teacher
may be employed in that school, school district, consortium of
schools or regional educational service agency.
(5) A person holding an alternative program teacher
certificate shall enroll in an approved alternative teacher
education program. An approved alternative program shall provide provides essential knowledge and skills to alternative program
teachers through the following phases of training:
(1) (A) Instruction. -- The alternative preparation program
shall provide a minimum of eighteen semester hours of instruction
from a college or university or equivalent instruction through a
program approved by the state board in the areas of student
assessment; development and learning; curriculum; classroom
management; the use of educational computers and other technology;
and special education and diversity. All programs shall contain a
minimum of three semester hours of instruction or equivalent
instruction approved by the state board in special education and
diversity out of the minimum eighteen required semester hours or
equivalent instruction approved by the state board.
__(2) (B) Phase I. -- Phase I shall consist consists of a period
of intensive, on-the-job supervision by an assigned mentor and the
school administrator for a period of not less fewer than two weeks
and no nor more than four weeks. The assigned mentor shall meet
the requirements for mentor set forth in section two-b of this
article and shall be paid the stipend authorized pursuant to that
section. During this time of supervision, the teacher shall be
observed daily. This phase shall include includes an orientation
to the policies, organization and curriculum of the employing
district. The alternative program teacher shall begin to receive
formal instruction in those areas listed in paragraph (A)
subdivision (1) of this subsection subdivision.
(3) (C) Phase II. -- Phase II shall consist consists of a period of intensive, on-the-job supervision beginning the first day
following the completion of Phase I and continuing for a period of
at least ten weeks.
(i) During Phase II, the alternative program teacher shall be
is visited and critiqued no less than at least one time per week by
members of a professional support team, as defined in subsection
(c) (d) of this section, and shall be is observed and formally
evaluated by the appropriately certified members of the team at the
end of five weeks and again at the end of ten weeks. by the
appropriately certified members of the team
(ii) At the end of the ten-week period, the alternative
program teacher shall receive a formal written progress report from
the chairperson of the support team.
(iii) The alternative program teacher shall continue to
receive formal instruction in those areas listed above under in
paragraph (A), subdivision (1) of this subsection subdivision.
(4) (D) Phase III. -- Phase III shall consist consists of an
additional period of continued supervision and evaluation of no
less fewer than twenty weeks duration. The professional support
team will determine determines the requirements of this phase, with
but those requirements shall include at least one formal evaluation
being conducted at the completion of the phase. The alternative
program teacher shall continue to receive formal instruction in
those areas listed above in paragraph (A) subdivision (1) of this
subsection subdivision, and receive shall be given opportunities to
observe the teaching of experienced colleagues.
(c) (d) Professional support team.
__(1) Training and supervision of alternative program teachers
shall be is provided by a professional support team comprised of a
school principal, an experienced classroom teacher who satisfies
the requirements for mentor for the Beginning Educator Internship
as specified in pursuant to section two-b of this article, a
college or university education faculty member, and a curriculum
supervisor. The professional support team also may include a
representative of an approved education provider.
__(2) Districts or schools which do not employ curriculum
supervisors or which have been unable to establish a relationship
with a college or university shall provide for comparable expertise
on the team.
(3) The school principal shall serve serves as chairperson of
the team.
(4) In addition to other duties assigned to it under this
section and section one-b of this article, the professional support
team shall submit a written evaluation of the alternative program
teacher to the county superintendent. The written evaluation shall
be in a form specified by the county superintendent and submitted
on a date specified by the county superintendent that is prior to
the first Monday of May. The evaluation shall report the progress
of the alternative program teacher toward meeting the academic and
performance requirements of the program.
(d) (e) The training for professional support team members
shall be is coordinated and provided by the Center for Professional Development in coordination with the school district, consortium of
schools, regional educational service agency, and institution of
higher education and approved education provider, or any
combination of these agencies as set forth in the plan approved by
the state board pursuant to subsection (e) (f) of this section.
(e) (f) A school, school district, consortium of schools, or
regional educational service agency or other education provider
seeking to employ approval for an alternative certification program
teacher must shall submit a plan to the state board. and receive
approval.
__(1) No alternative certification program may be implemented
prior to receiving state board approval.
(2) Each plan shall describe how the proposed training program
will accomplish the key elements of an alternative program for the
education of teachers as set forth in this section. Each school,
school district, consortium of schools or regional educational
service agency shall show evidence in its plan of having sought
joint sponsorship of their training program with institutions of
higher education.
(f) (g) The state board shall promulgate a legislative rule in
accordance with article three-b, chapter twenty-nine-a of this code
for the approval and operation of alternative education programs to
prepare highly qualified special education teachers. that
(1) These programs are separate from the programs established
under the other provisions of this section and are applicable only
to teachers who have at least a bachelor's degree in a program for the preparation of teachers from a regionally accredited
institution of higher education.
(2) These programs are subject to the other provisions of this
section only to the extent specifically provided for in the rule.
(3) These programs may be an alternative to the regular
college and university programs for the education of special
education teachers and also may address the content area
preparation of certified special education teachers.
(4) The programs shall incorporate professional development to
the maximum extent possible to help teachers who are currently
certified in special education to obtain the required content area
preparation.
(5) Participation in an alternative education program pursuant
to this subsection shall may not affect any rights, privileges or
benefits to which the participant otherwise would otherwise be
entitled as a regular employee and nor does it may not alter any
rights, privileges or benefits of participants on continuing
contract status. The state board shall report to the Legislative
Oversight Commission on Education Accountability on the programs
authorized under this subsection during the July, 2005, interim
meetings or as soon thereafter as practical prior to implementation
of the programs.
(g) (h) The state board shall promulgate a legislative rule in
accordance with article three-b, chapter twenty-nine-a of this code
for the approval and operation of alternative education programs to
prepare highly qualified special education teachers. that
(1) These programs are separate from the programs established
under the other provisions of this section and are applicable only
to persons who hold a bachelor's degree from a regionally
accredited institution of higher education.
(2) These programs are subject to the other provisions of this
section only to the extent specifically provided for in this the
rule.
(3) These programs may be an alternative to the regular
college and university programs for the education of special
education teachers and also may address the content area
preparation of such these persons. The state board shall report to
the Legislative Oversight Commission on Education Accountability on
the programs authorized under this subsection during the July,
2005, interim meetings or as soon thereafter as practical prior to
implementation of the programs.
(h) For the purposes of this section, "area of critical need
and shortage" means an opening in an established, existing or newly
created position which has been posted in accordance with the
provisions of section seven-a, article four of this chapter, and
for which no fully qualified applicant has been employed.
(i) The recommendation to rehire an alternative education
program teacher pursuant to section eight-a, article two of this
chapter is subject to the position being posted and no fully
qualified applicant being employed: Provided, That this provision
does not apply to teachers who hold a valid West Virginia
professional teaching certificate and who are employed under a program operated pursuant to subsection (f) is subject to the
teacher's making satisfactory progress in the alternative teacher
education program.
(j) When making decisions affecting the hiring of an
alternative program teacher under the provisions of this section,
a county board shall give preference to applicants who hold a valid
West Virginia professional teaching certificate.
__(k) Alternative principal education programs.
__(1) To participate in an approved alternative principal
education program, the candidate must hold an alternative program
principal certificate issued by the state superintendent and
endorsed for the programmatic level in which the candidate seeks
certification.
__(2) The certificate may be renewed twice and no individual may
hold an alternative program principal certificate for a period
exceeding three years.
__(3) The alternative program principal certificate is
equivalent to a valid administrative certificate for the purpose of
issuing a written contract.
__(4) To be eligible for an alternative program principal
certificate, an applicant shall meet the following criteria:
__(A) Possess at least a master's degree from a regionally
accredited institution of higher education in a field related to
the public school program;
__(B) Be of good moral character and physically, mentally and
emotionally qualified to perform the duties of a principal;
__(C) Attain the age of eighteen years on or before October 1 of
the year in which the alternative program principal certificate is
issued;
__(D) Receive a formal offer of employment in a principal or
assistant principal position from a county board; and
__(E) Qualify for employment following a criminal history check
pursuant to section ten of this article.
__(5) A person who satisfies the requirements pursuant to
subdivision (4) of this subsection shall be granted a formal
document authorizing him or her to work in a public school in West
Virginia.
__(6) A person holding an alternative program principal
certificate shall enroll in an approved alternative principal
education program.
__(7) An approved alternative program provides essential
knowledge and skills to alternative program principals through the
following phases of training:
__(A) Instruction. -- The alternative principal education
program provides instruction in interpersonal and collaborative
skills, establishing and supporting a learning mission, fostering
student learning, building and sustaining culture, promoting
continuous professional growth, providing support systems for
student success, managing operations, maintaining connections to
family and community and sustaining the continuous improvement
process; and
__(B) Induction. -- The alternative principal education program includes an intense, two-year induction that provides essential
support through a professional support team led by a qualified
mentor.
__(8) The rehiring of an alternative education program principal
or assistant principal is subject to the principal's or assistant
principal's making satisfactory progress in the alternative
principal education program.