Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                  Enrolled Senate Bill 487
  By Senators Rucker, Grady, Stover, Deeds, and Roberts [Passed March 7, 2024; in effect 90 days from passage]
     Enr SB 487
  AN ACT to amend and reenact §18A-3-1 of the Code of West Virginia, 1931, as amended, relating
         to providing for periodic reviews of required professional development for teachers and
         education staff.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE        3.    TRAINING,        CERTIFICATION,         LICENSING,        PROFESSIONAL
            DEVELOPMENT.
     §18A-3-1. Teacher preparation programs; program approval and standards; authority to
            issue teaching certificates.
         (a) The education of professional educators in the state is under the general direction and
  control of the state board.
         The education of professional educators in the state includes all programs leading to
  certification to teach or serve in the public schools. The programs include the following:
         (1) Programs in all institutions of higher education, including student teaching, resident
  teacher clinical experience, and the clinical teacher of record programs, as provided in this
  section;
         (2) Beginning teacher and leader induction programs;
         (3) Granting West Virginia certification to persons who received their preparation to teach
 outside the boundaries of this state, except as provided in subsection (b) of this section;
        (4) Alternative preparation programs in this state leading to certification, including
 programs established pursuant to the provisions of §18A-3-1a, §18A-3-1b, §18A-3-1c, §18A-3-1d,
 §18A-3-1e, §18A-3-1f, §18A-3-1g, §18A-3-1h, and §18A-3-1i of this code and programs which are
 in effect on the effective date of this section; and
        (5) Continuing professional education, professional development, and in-service training
 programs for professional educators employed in the public schools in the state. Beginning with
 school year 2024-2025, and every five years after, the State Board of Education shall perform
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 periodic reviews of professional development for teachers and education staff to ensure the
 following:
         (A) That requirements and current training regimens are necessary and truly essential; and
         (B) That a distinction is made between those professional education opportunities which
 are required and those just encouraged.
         (i) The purpose of these reviews shall be to establish a training regimen that has the
 minimum amount of required training so that teachers can be better focused on the classroom.
         (ii) School personnel may recommend legislative changes to this section and any other
 requirements mandated in this code.
         (b) The state board shall adopt standards for the education of professional educators in the
 state and for awarding certificates valid in the public schools of this state. The standards include,
 but are not limited to, the following:
         (1) A provision for the study of the history and philosophical foundations of western
 civilization and the writings of the founders of the United States of America;
         (2) A provision for the study of multicultural education. As used in this section, multicultural
 education means the study of the pluralistic nature of American society, including its values,
 institutions, organizations, groups, status positions, and social roles;
         (3) A provision for the study of classroom management techniques, including methods of
 effective management of disruptive behavior including addressing societal factors and their impact
 on student behavior; and
         (4) A teacher from another state shall be awarded a teaching certificate for a comparable
 grade level and subject area valid in the public schools of this state, subject to §18A-3-10 of this
 code if he or she has met the following requirements:
         (A) Holds a valid teaching certificate or a certificate of eligibility issued by another state;
         (B) Has graduated from an educator preparation program at a regionally accredited
 institution of higher education or from another educator preparation program;
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        (C) Possesses the minimum of a bachelor’s degree; and
        (D) Meets all of the requirements of the state for full certification except employment.
        (c) The state board may enter into an agreement with county boards for the use of the
 public schools in order to give prospective teachers the teaching experience needed to
 demonstrate competence as a prerequisite to certification to teach in the West Virginia public
 schools.
        (d) An agreement established pursuant to subsection (c) of this section shall recognize
 student teaching or teacher residency as a joint responsibility of the educator preparation
 institution and the cooperating public schools. The agreement shall include the following items:
        (1) The minimum qualifications for the employment of public school teachers selected as
 supervising teachers, including the requirement that field-based and clinical experiences be
 supervised by a teacher fully certified in the state in which that teacher is supervising;
        (2) The remuneration to be paid to public school teachers by the state board, in addition to
 their contractual salaries, for supervising student teachers or residents;
        (3) Minimum standards to guarantee the adequacy of the facilities and program of the
 public school selected for student teaching or teacher residency;
        (4) Assurance that the student teacher or resident teacher, under the direction and
 supervision of the supervising teacher, shall exercise the authority of a substitute teacher;
        (5) A provision requiring any higher education institution with an educator preparation
 program to document that the student or resident teacher’s field-based and clinical experiences
 include participation and instruction with multicultural, at-risk, and exceptional children at each
 programmatic level for which the student teacher seeks certification; and
        (6) A provision authorizing a school or school district that has implemented a
 comprehensive beginning teacher induction program to enter into an agreement that provides for
 the training and supervision of student teachers or resident teachers consistent with the
 educational objectives of this subsection by using an alternate structure implemented for the
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 support, supervision, and mentoring of beginning teachers. The agreement is in lieu of any specific
 provisions of this subsection and is subject to the approval of the state board.
        (e) Clinical teacher of record programs. —
        (1) In lieu of the provisions of subsections (c) and (d) of this section and subject to approval
 of the state board, an institution of higher education with a program for the education of
 professional educators approved by the state board may enter into an agreement with county
 boards for the use of clinical teacher of record programs in the public schools.
        (2) A "clinical teacher of record program" means an intensively supervised and mentored
 program for prospective teachers during their senior year that refines their professional practice
 skills and helps them gain the teaching experience needed to demonstrate competence as a
 prerequisite to certification to teach in the West Virginia public schools.
        (3) The authorization for the higher education institution and the county board to implement
 a clinical teacher of record program is subject to state board approval. The provisions of the
 agreement include, but are not limited to, the following items:
        (A) A requirement that the prospective teacher in a clinical teacher of record program has
 completed all other preparation courses and has passed the appropriate basic skills and subject
 matter test or tests required by the state board for teachers to become certified in the area for
 which licensure is sought;
        (B) A requirement that the clinical teacher of record serve only in a teaching position in the
 county which has been posted and for which no other teacher fully certified for the position has
 been employed;
        (C) Specifics regarding the program of instruction for the clinical teacher of record setting
 forth the responsibilities for supervision and mentoring by the higher education institution’s
 educator preparation program, the school principal, and peer teachers and mentors, and the
 responsibilities for the formal instruction or professional development necessary for the clinical
 teacher of record to perfect his or her professional practice skills. The program also may include
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  other instructional items as considered appropriate;
          (D) A requirement that the clinical teacher of record hold a clinical teacher of record permit
  qualifying the individual to teach in his or her assigned position as the teacher of record;
          (E) A requirement that the salary and benefit costs for the position to which the clinical
 teacher of record is assigned shall be used only for program support and to pay a stipend to the
 clinical teacher of record as specified in the agreement, subject to the following:
         (i) The clinical teacher of record is a student enrolled in the teacher preparation program of
 the institution of higher education and is not a regularly employed employee of the county board;
         (ii) The clinical teacher of record is included on the certified list of employees of the county
 eligible for state aid funding the same as an employee of the county at the appropriate level based
 on their permit and level of experience;
         (iii) All state aid funding due to the county board for the clinical teacher of record shall be
 used only in accordance with the agreement with the institution of higher education for support of
 the program as provided in the agreement, including costs associated with instruction and
 supervision as set forth in paragraph (C) of this subdivision;
         (iv) The clinical teacher of record is provided the same liability insurance coverage as other
 employees; and
         (v) All state aid funding due to the county for the clinical teacher of record and not required
 for support of the program shall be paid as a stipend to the clinical teacher of record: Provided,
 That the stipend paid to the clinical teacher of record shall be no less than 65 percent of all state
 aid funding due the county for the clinical teacher of record;
         (F) Other provisions that may be required by the state board.
         (f) In lieu of the student teaching experience in a public school setting required by this
 section, an institution of higher education may provide an alternate student teaching or residency
 experience in a nonpublic school setting if the institution of higher education meets the following
 criteria:
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        (1) Complies with the provisions of this section;
        (2) Has a state board-approved educator preparation program; and
        (3) Enters into an agreement pursuant to subsections (g) and (h) of this section.
        (g) At the discretion of the higher education institution, an agreement for an alternate
 student teaching or residency experience between an institution of higher education and a
 nonpublic school shall require one of the following:
        (1) The prospective teacher shall complete at least one-half of the clinical experience in a
 public school; or
        (2) The educator preparation program shall include a requirement that any student
 performing student teaching or residency in a nonpublic school shall complete the following:
        (A) At least 200 clock hours of field-based training in a public school; and
        (B) A course, which is a component of the institution’s state board-approved educator
 preparation program, that provides information to prospective teachers equivalent to the teaching
 experience needed to demonstrate competence as a prerequisite to certification to teach in the
 public schools in West Virginia. The course also shall include instruction on at least the following
 elements:
        (i) State board policy and provisions of this code governing public education;
        (ii) Requirements for federal and state accountability, including the mandatory reporting of
 child abuse;
        (iii) Federal and state mandated curriculum and assessment requirements, including
 multicultural education, safe schools, and student code of conduct;
        (iv) Federal and state regulations for the instruction of exceptional students as defined by
 the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and
        (v) Varied approaches for effective instruction for students who are at-risk.
        (h) In addition to the requirements set forth in subsection (g) of this section, an agreement
 for an alternate student teaching or residency experience between an institution of higher
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 education and a nonpublic school shall include the following:
          (1) A requirement that the higher education institution with an educator preparation
 program shall document that the student or resident teacher’s field-based and clinical experiences
 include participation and instruction with multicultural, at-risk, and exceptional children at each
 programmatic level for which the student teacher seeks certification; and
          (2) The minimum qualifications for the employment of school teachers selected as
 supervising teachers, including the requirement that field-based and clinical experiences be
 supervised by a teacher fully certified in the state in which that teacher is supervising.
          (i) The state superintendent may issue certificates as provided in §18A-3-2a of this code to
 graduates of educator preparation programs and alternative educator preparation programs
 approved by the state board. The certificates are issued in accordance with this section and rules
 adopted by the state board.
          (1) A certificate to teach may be granted only to a person who meets the following criteria:
          (A) Is a citizen of the United States, except as provided in subdivision (2) or (3) of this
 subsection;
          (B) Is of good moral character;
          (C) Is physically, mentally, and emotionally qualified to perform the duties of a teacher; and
          (D) Is at least 18 years of age on or before October 1 of the year in which his or her
 certificate is issued.
          (2) A permit to teach in the public schools of this state may be granted to a person who is
 an exchange teacher from a foreign country or an alien person who meets the requirements to
 teach.
          (3) A certificate to teach may be granted to a noncitizen of the United States who holds a
 valid Permanent Resident Card, Employment Authorization Document, or work permit issued by
 the United States Citizenship and Immigration Services.
          (j) Institutions of higher education approved for educator preparation may cooperate with
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 each other and with one or more county boards to organize and operate centers to provide
 selected phases of the educator preparation program. The phases include, but are not limited to,
 the following:
        (1) Student teaching and resident teacher clinical experience programs;
        (2) Clinical teacher of record programs;
        (3) Beginning teacher and leader induction programs;
        (4) Instruction in methodology; and
        (5) Seminar programs for college students, teachers with provisional certification,
 professional support team members, and supervising teachers.
        By mutual agreement, the institutions of higher education and county boards may budget
 and expend funds to operate the centers through payments to the appropriate fiscal office of the
 participating institutions and the county boards.
        (k) The provisions of this section do not require discontinuation of an existing student
 teacher training center or school which meets the standards of the state board.
        (l) All institutions of higher education approved for educator preparation in the 1962-1963
 school year continue to hold that distinction so long as they meet the minimum standards for
 educator preparation. Nothing in this section infringes upon the rights granted to any institution by
 charter given according to law previous to the adoption of this code.
        (m) Definitions. — For the purposes of this section, the following words have the meanings
 ascribed to them unless the context clearly indicates a different meaning:
        (1) "Nonpublic school" means a private school, parochial school, church school, school
 operated by a religious order, or other nonpublic school that elects to meet the following
 conditions:
        (A) Comply with the provisions of §18-28-1 et seq. of this code;
        (B) Participate on a voluntary basis in a state-operated or state-sponsored program
 provided to this type school pursuant to this section; and