COMMITTEE SUBSTITUTE
FOR
H. B. 2826
(By Delegate Browning)
(Originating in the Committee on Finance)
[February 22, 2007]
A BILL to amend and reenact §18A-4-2a and §18A-4-2b of the Code of
West Virginia, 1931, as amended, all relating to state minimum
salary supplement for achieving certain national
certification; legislative findings; expanding eligibility for
supplement payments and fee and expense reimbursement;
increasing supplement amount for certain individuals;
clarifying duration of supplement in certain circumstances;
and requiring State Board of Education rule.
Be it enacted by the Legislature of West Virginia:
That §18A-4-2a and §18A-4-2b of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2a. State minimum salary bonus for classroom teachers with
national board certification.
(a) The Legislature hereby finds
and declares that the
rigorous standards and processes for certification by the National Board for Professional Teaching Standards (NBPTS) helps to promote
the quality of teaching and learning. Therefore, classroom
teachers in the public schools of West Virginia should be
encouraged to achieve national board certification through a
reimbursement of expenses and an additional salary bonus which
reflects their additional certification.
to be The reimbursement
and bonus are paid in accordance with the provisions of this
section.
(b)
Two Three thousand five hundred dollars shall be paid
annually to each classroom teacher who holds a valid certificate
issued by the
National Board of Professional Teaching Standards
NBPTS for the life of the certification, but in
no any event
not
more than ten years for any one certification.
(c) The payments:
(1) Shall be in addition to any amounts prescribed in the
applicable state minimum salary schedule;
(2) Shall be paid in equal monthly installments;
and
(3) Shall be considered a part of the state minimum salaries
for teachers;
and
(4) Shall continue for the duration established in subsection
(b) of this section for any classroom teacher who becomes employed
as a principal subsequent to receiving payments pursuant to this
section.
(d) One-half the certification fee shall be paid for
reimbursement once to each
classroom teacher who enrolls in the
program for the
National Board of Professional Teaching Standards NBPTS certification.
and one-half The remaining half of the
certification fee shall be paid
for reimbursement once to each
classroom teacher who completes the
National Board of Professional
Teaching Standards NBPTS certification. Completion
shall be
defined as the completion of means the classroom teacher has
completed ten scorable entries, as verified by the
National Board
of Professional Teaching Standards NBPTS. Classroom teachers who
achieve
National Board of Professional Teaching Standards NBPTS
certification may be reimbursed a maximum of six hundred dollars
for expenses actually incurred while obtaining the
National Board
of Professional Teaching Standards NBPTS certification.
(e) The State Board shall limit the number of
classroom
teachers who receive the initial reimbursements of the
certification fees set forth in subsection (d)
of this section to
two hundred
classroom teachers annually. The State Board shall
establish selection criteria for the
classroom teachers by the
legislative rule required pursuant to subsection (g) of this
section.
(f) Subject to the provisions of subsection (e) of this
section, funding for reimbursement of the certification fee and
expenses actually incurred while obtaining the
National Board of
Professional Teaching Standards NBPTS certifications shall be
administered by the State Department of Education from an
appropriation established for that purpose by the Legislature. If
funds appropriated by the Legislature
to accomplish the purposes of
this subsection are insufficient, the State Department shall prorate the reimbursements for expenses and shall request of the
Legislature, at its next regular session, funds sufficient to
accomplish the purposes of this subsection, including needed
retroactive payments.
(g) The State Board shall promulgate
a legislative
rules rule
pursuant to article three-b, chapter twenty-nine-a of this code to
implement the provisions of this section.
§18A-4-2b. State minimum salary supplement for professional
personnel with recognized national certification in
speech-language pathology, audiology, counseling,
school psychology or school nursing.
(a) (1) The Legislature finds that achieving a nationally
recognized professional certification in speech-language pathology
or audiology involves a rigorous process of demonstrating both
knowledge and skills and results in highly trained and capable
employees. Individuals who attain
the national professional
certification by the American Speech-Language-Hearing Association
(ASHA) provide needed and essential services to the school students
of this state.
and, consequently Individuals should be encouraged
to achieve and maintain the national
board professional
certification through reimbursement of expenses and a salary bonus
which reflects their additional certification.
to be paid in
accordance with subsection (b) of this section
(2) The Legislature further finds
and declares that the
rigorous standards and processes for advanced certification by either the National Board of Certified Counselors
(NBCC) or the
West Virginia Board of Examiners in Counseling
(WVBEC) helps to
promote the quality of counseling in schools. Counselors in the
public schools of West Virginia should be encouraged to achieve and
maintain the advanced certification through reimbursement of
expenses and a salary bonus that reflects their additional
certification.
to be paid in accordance with subsection (b) of this
section
(3) The Legislature finds that achieving a nationally
recognized professional certification in school psychology involves
a rigorous process of demonstrating competencies in scientific
research-based knowledge and skills. School psychologists provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. Individuals who attain national
professional certification by the National Association of School
Psychologists provide services to students, families and school
systems in this state. School psychologists should be encouraged
to achieve and maintain this national professional certification
through reimbursement of expenses and a salary bonus which reflects
their additional certification.
(4) The Legislature finds that achieving a nationally
recognized professional certification in school nursing involves a
rigorous process of demonstrating competencies in health care and
nursing applications, knowledge and skills. School nurses provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. School nurses who attain national professional certification by the National Board for
Certification of School Nurses provide services to students,
families and school systems in this state. School nurses should be
encouraged to achieve and maintain this national professional
certification through reimbursement of expenses and a salary bonus
which reflects their additional certification.
(3) (5) Therefore, the purpose of this section is:
(A) To provide a statewide salary supplement for certain
professional personnel employed in the public schools who hold
a
nationally recognized professional certification in speech-language
pathology, audiology,
or counseling,
school psychology or school
nursing;
(B) To treat the professional certification equally;
(C) To encourage others to attain such a certification; and
(D) To help school systems
with recruitment of recruit these
highly qualified professionals.
(b) In addition to any amounts prescribed in the applicable
state minimum salary schedule,
effective the first day of July, two
thousand six any professional personnel who hold national
certification or other credential as provided in this section
must
shall be paid an annual salary supplement of two thousand five
hundred dollars. The payment is:
(1) To be made in equal monthly installments;
(2) To be considered a part of the state minimum salaries for
teachers; and
(3) To continue for the life of the certification, or for ten years for any one certification, whichever first expires.
(c)
Effective the first day of July, two thousand six
Professional personnel employed as speech-language pathologists,
audiologists,
or counselors,
school psychologists or school nurses
are eligible upon enrollment for reimbursement for one half of the
fee for certification in accordance with this section. In
addition, these personnel are eligible upon attainment of the
certification for reimbursement of the remainder of the application
fee plus other expenses actually incurred toward attainment of the
certification, not exceeding six hundred dollars, upon approval by
the Department of Education.
No
(1) Not more than one hundred speech-language pathologists,
audiologists and counselors, combined total, are eligible for
reimbursement in any one fiscal year;
and
(2) Not more than twenty-five school psychologists and school
nurses, combined total, are eligible for reimbursement in any one
fiscal year.
(d) Notwithstanding subsection (b) of this section:
no
(1) Not more than one hundred speech-language pathologists,
audiologists and counselors, combined total,
shall may be paid the
annual salary supplement provided for in said subsection
(b) during
the first year of implementation. The number of speech-language
pathologists, audiologists and counselors paid the annual salary
supplement provided for in said subsection may not exceed an
additional one hundred qualified recipients in each
of the
subsequent fiscal
years year.
(2) Not more than twenty-five school psychologists and school
nurses, combined total, may be paid the annual salary supplement
provided for in said subsection (b) during the first year of
implementation. The number of school psychologists and school
nurses paid the annual salary supplement provided for in said
subsection (b) may not exceed an additional twenty-five qualified
recipients in each subsequent fiscal year.
(e) The State Board shall promulgate a legislative rule
establishing criteria for selection of the individuals eligible for
reimbursement and a salary supplement in accordance with this
section. The selection criteria shall prioritize the length of
time the certification has been held and the years of experience of
the holder in determining eligibility.
(e) (f) The
State Board shall report the rule to the
Legislative Oversight Commission on Education Accountability by the
January, two thousand
seven eight, legislative interim meeting
period and shall report on its progress in developing the rule to
the commission during each prior interim meeting period.
(f) (g) Payment of the supplement and reimbursement provided
in this section Nothing in this section can be construed to require
is subject to a legislative appropriation
; therefore nothing in
this section requires any appropriation, or any specific level of
appropriation, by the Legislature.
(g) (h) Notwithstanding any other provision of this section or
the provisions of section two-a of this article, professional
personnel may not be paid a salary supplement pursuant to the provisions of both said sections.