COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 611
(By Senators Plymale, Edgell and Unger)
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[Originating in the Committee on Education;
reported February 21, 2008.]
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A BILL to amend and reenact §18A-3-1a and §18A-3-3 of the Code of
West Virginia, 1931, as amended, all relating to certification
of professional educators; alternative programs for the
education of teachers; increasing the minimum age to qualify
for an alternative program teacher certificate; collaboration
with a research and doctoral degree-granting public
institution of higher education in this state; removing
required minimum number of hours of course work for
alternative routes to certification; requiring state board
rule for the approval and operation of alternative education
programs for certified teachers to obtain an additional
endorsement; and modifying one of the requirements for
renewing a professional or first class certificate based upon
a bachelor's degree.
Be it enacted by the Legislature of West Virginia:
That §18A-3-1a and §18A-3-3 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-3-1a. Alternative programs for the education of teachers.
(a)
By the fifteenth day of August, two thousand five, 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. To participate in an approved alternative
teacher education program, the candidate must hold an alternative
program teacher certificate issued by the 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. The
certificate may be renewed no more than two times. No individual
may hold an alternative program teacher certificate for a period
exceeding three years. The alternative program teacher certificate
shall be considered a professional teaching certificate for the
purpose of the issuance of a continuing contract. To be eligible
for an alternative program teacher certificate, an applicant shall:
(1) 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 by the board may exempt candidates in selected vocational and technical
areas who have at least ten years' experience in the subject field
from this requirement;
(2) Pass an appropriate state board-approved basic skills and
subject matter test in the area for which licensure is being
sought;
(3) Be a citizen of the United States, be of good moral
character and physically, mentally and emotionally qualified to
perform the duties of a teacher and have attained the age of
eighteen twenty-one years on or before the first day of October of
the year in which the alternative program teacher certificate is
issued;
(4) Have been offered employment by a county board in an area
of critical need and shortage; and
(5) Qualify following a criminal history check pursuant to
section ten of this article.
Persons who satisfy the requirements set forth in subdivisions
(1) through (5), inclusive, of this subsection shall be granted a
formal document which will enable them to work in a public school
in West Virginia.
(b) 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
or any of those entities in
collaboration with a research and doctoral degree-granting public
institution of higher education in this state as defined in section six, article two-a, chapter eighteen-b of this code 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. An approved
alternative program shall provide essential knowledge and skills to
alternative program teachers through the following phases of
training:
(1)
Instruction. -- The alternative preparation program shall
provide
a minimum of eighteen semester hours of instruction
through
a program agreed upon by the state superintendent and a research
and doctoral degree-granting public institution of higher education
in this state as defined in section six, article two-a, chapter
eighteen-b of this code 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 in special education and
diversity out of the minimum eighteen required semester hours.
(2)
Phase I. -- Phase I shall consist of a period of intensive
on-the-job supervision by an assigned mentor and the school
administrator for a period of not less than two weeks and no more
than four weeks. The assigned mentor shall meet the requirements
for mentor set forth in section two-b of this article and be paid the stipend pursuant to that section. During this time, the
teacher shall be observed daily. This phase shall include 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 subdivision (1)
of this subsection.
(3)
Phase II. -- Phase II shall consist 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. During Phase II, the alternative program teacher shall
be visited and critiqued no less than one time per week by members
of a professional support team, defined in subsection (c) of this
section, and shall be observed and formally evaluated at the end of
five weeks and at the end of ten weeks by the appropriately
certified members of the team. 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. The
alternative program teacher shall continue to receive formal
instruction in those areas listed above under subdivision (1) of
this subsection.
(4)
Phase III. -- Phase III shall consist of an additional
period of continued supervision and evaluation of no less than
twenty weeks duration. The professional support team will
determine the requirements of this phase with 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 under subdivision (1) of
this subsection and receive opportunities to observe the teaching
of experienced colleagues.
(c) Training and supervision of alternative program teachers
shall be 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 section two-b of this article, a college or
university education faculty member and a curriculum supervisor.
Districts or schools which do not employ curriculum supervisors or
have been unable to establish a relationship with a college or
university shall provide for comparable expertise on the team. The
school principal shall serve as chairperson of the team. 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) The training for professional support team members shall
be 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, or any combination of these agencies as set forth
in the plan approved by the state board pursuant to subsection (e)
of this section.
(e) A school, school district, consortium of schools or
regional educational service agency seeking to employ an
alternative program teacher must submit a plan to the state board
and receive approval. 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) The state board shall promulgate a 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 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. These
programs are subject to the other provisions of this section only
to the extent specifically provided for in the rule. 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. 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. Participation in an
alternative education program pursuant to this subsection shall not
affect any rights, privileges or benefits to which the participant
would otherwise be entitled as a regular employee, nor does it
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, two
thousand five, interim meetings or as soon thereafter as practical
prior to implementation of the programs.
(g) The state board shall promulgate a 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 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.
These programs are subject to the other provisions of this section
only to the extent specifically provided for in this rule. 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 persons.
The state board shall report to the Legislative Oversight Commission on Education Accountability on the programs authorized
under this subsection during the July, two thousand five, 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 state board shall promulgate a rule in
accordance with
article three-b, chapter twenty-nine-a of this code for the
approval and operation of alternative education programs to provide
a route for teachers who hold a valid West Virginia teaching
certificate to obtain an additional endorsement or endorsements in
another area or areas of certification granted by the West Virginia
Department of Education. These programs are subject to the other
provisions of this section only to the extent specifically provided
in this rule. The state board shall report a proposed rule on the
programs authorized under this subsection to the Legislative
Oversight Commission on Education Accountability during the July,
two thousand eight, interim meetings or as soon thereafter as
practical prior to implementation of the programs.
(I) (j) 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) of this section.
(j) (k) 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.
§18A-3-3. Renewal of certificates; permanent certification.
(a) Until the person qualifies for a permanent certificate,
any professional or first class certificate based upon a bachelor's
degree shall be renewable provided the holder within five years
from the date the certificate became valid:
(1) Files application on a prescribed form with the State
Department of Education;
(2) Presents an official transcript or an electronic
equivalent of six semester hours of approved credit as may be
prescribed by the state board;
(3) Successfully completes a beginning teacher internship
program, if applicable; and
(4) Submits a recommendation based on successful teaching
experience from the county superintendent of schools of the county
in which the holder last taught or resides.
(b) The holder of a professional certificate, valid for five
years, shall have the certificate made permanent upon meeting any
of the following requirements:
(1) Completion of the second renewal, in accordance with the provisions set forth in subsection (a) of this section; or
(2) After five years of service in the public schools,
presentation of a transcript showing the completion of requirements
for a master's degree from an institution of higher education
accredited to offer the master's degree and in a program relevant
to the public school program or completes the fifth year of
training leading to a bachelor's degree in library science from a
school fully approved by the American Library Association; or
(3) Receives certification through the National Board for
Professional Teaching Standards.
(c) To satisfy any of the requirements of subsection (b) of
this section, the person must file application on a prescribed form
with the State Department of Education and must submit a
recommendation from the county superintendent of schools of the
county in which the person last taught or resides.
(d) All certificates and permits, other than the professional
certificate, shall be renewed in accordance with state board
regulations rules.
(e) If the applicant seeking renewal has cause to believe that
the county superintendent refuses to give a recommendation without
just cause, the applicant shall have the right, in such case, to
appeal to the state superintendent of Schools whose responsibility
it shall be to investigate the matter and issue a certificate if,
in the opinion of the state superintendent, the county
superintendent's recommendation was withheld arbitrarily.
(f) A person who has reached the age of sixty and holds a renewable certificate, as provided in this section, need not
present renewal credit but shall meet all other renewal
requirements.