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SB1006 SUB1 Senate Bill 1006 History

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SB1006 SUB1

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.
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