W. Va. Code R. § 126-136-18
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-136-18 - [Effective 1/11/2025] Appropriate Assignments According to License18.1. Assignment of an Educator. An educator who is employed within the public schools of this State shall hold a valid certificate for the specialization(s) and grade level(s) to which they are assigned (W. Va. Code § 18A-3-2).18.2. Assignment One Grade Above or Below. Effective July 1, 1998, professional personnel newly assigned to a position will not be allowed to teach one grade level above or below the grade level(s) reflected on their certificate unless the educator was granted a Permanent Authorization under a previous policy as per Appendix B. The Permanent Authorization shall be valid in any county in West Virginia.18.3. Adult Programs. An educator working in a program for adults must hold a valid certification for the area(s) of specialization.18.4. Home/Hospital Instruction. An educator providing temporary home teaching or visiting teacher services, whether regular and/or special education, must hold a Professional Teaching Certificate with an endorsement appropriate to the grade level(s) of instruction. Home/hospital instruction for an eligible student with an exceptionality requires that the special education teacher who is implementing the student's special education services in an out-of-school environment placement must hold a Professional Teaching Certificate with an endorsement in the student's primary exceptionality.18.5. Curriculum Enrichment. An individual may provide, by reason of educational or practical background and employment records, curriculum enrichment on a part-time or temporary basis in highly specialized areas. These program areas include, but are not limited to, performing arts, professions, and CTE specializations. A county board of education may utilize these individuals in accordance with a locally adopted policy provided they do not replace a licensed educator.18.6. Assignment of Elementary or Multi-subjects Teachers. An educator who holds a valid West Virginia Professional Teaching Certificate endorsed for Multi-subjects K-8 may be assigned to teach in departmentalized settings in grades six through eight without holding the content specialization for the educator's assignment for English, General Science, and Social Studies. An educator assigned to teach mathematics in grades seven and/or eight must hold the Middle School Mathematics Authorization.18.7. Assignment of Long-Term Substitutes. A person who holds a Long-Term Substitute Permit may serve as a short-term substitute in any teaching area or in a position for more than 30 consecutive instructional days in the endorsement area reflected on the Long-Term Substitute Permit.18.8. Assignment of Short-Term Substitutes. A substitute who fills a position for 30 consecutive instructional days or less (short-term) may substitute in a specialization not reflected on their certificate. Individuals who hold a Clinical Experience Permit, a Restricted Clinical Experience Permit, or a Long-Term Year-Long Residency Permit may be employed as a substitute once they complete the necessary requirements in accordance with Policy 5100. A retired CTE instructor holding a valid CTE Certificate may be employed as a Short-Term Substitute in their program of study.18.9. Assignment of Speech Language Pathologist. An educator licensed as a speech/language pathologist grade K-12 is authorized to provide services to students in grade level(s) pre-k-Adult, provided the educator applies and is issued an Authorization for grades pre-k-Adult.18.10. Assignment of English as a Second Language Teacher. An English as a Second Language (ESL) teacher is authorized to: deliver the instructional support to a student with English Learners (EL), whose assessment indicates the instructional goals and objectives can be delivered in a regular education program with support for the ESL teacher; provide support to the regular classroom teacher by assisting in the modification of the curriculum, methods, and material to accommodate the EL student who is included in the regular education program; or, deliver the state-approved content standards in the general education program or alternative language program to students with severely limited English proficiency when the student's assessment indicates the student would benefit by a placement that provides one-on-one and/or small group instruction, and modification of the curriculum, methods, materials and techniques or concentrate on the development of the EL student's reading, writing, listening, and speaking skills. When an ESL teacher delivers the state-approved content standards in the general education program, the educator must collaborate with the appropriate teachers to ensure that the EL student is instructed using the state-approved content standards in the general education program.18.11. Assignment of School Nutrition Director. Beginning with assignments made for the 2002-2003 school year, an individual assigned as a School Nutrition Director must hold a Temporary Authorization endorsed for School Nutrition Director.18.12. Assignment of Adult Education Teachers. Persons assigned as an Adult (Basic) Education Teacher must hold a valid Adult Certificate endorsed for Adult Basic Education or a Professional Teaching Certificate, or its equivalent.18.13. Assignment of Speech Assistant. A Speech Assistant shall conduct only specific components of a speech and language delivery program under the direction and guidance of a certified SLP. A Speech Assistant, with the appropriate authorization, may perform tasks that are within their scope of responsibilities that they have the training and expertise to perform as determined by the WVDE Office of Special Education. A Speech Assistant may be employed only when a fully West Virginia-certified SLP did not apply for the vacant position.18.14. Assignment of Preschool Special Needs Teachers. An educator who holds a certificate endorsed for preschool special needs, preschool handicapped, or developmentally delayed reflecting a pre-k-Kindergarten (K) programmatic level may be assigned as the teacher of record in a regular pre-k classroom but may not be assigned as the teacher of record in a kindergarten classroom (W. Va. Code § 18-20-1a).18.15. Assignment of Special Education Teachers. A teacher assigned to serve students with exceptionalities in intellectual disabilities, emotional/behavior disorders, specific learning disabilities, vision impaired, or deaf and hard of hearing in grades 7-12 or 5-12 may be assigned to serve students in grades 7-Adult or 5-Adult. A teacher assigned to serve students with exceptionalities in intellectual disabilities, emotional/behavior disorders, and/or specific learning disabilities in grades 1-12 or K-12 may be assigned to serve students in grades K-Adult. A teacher assigned to serve students with exceptionalities in vision impaired or deaf and hard of hearing in grades 1-12 or K-12 may be assigned to serve students in grades pre-k-Adult. All programmatic level modifications included in this section require the teacher to apply for, and to be issued, the appropriate licensure from the WVDE.18.16. Assignment of School Nurse. A School Nurse assigned to serve students in grades 1-12 may be assigned to serve students in grades pre-k-Adult provided the nurse applies for and is issued the appropriate licensure from the WVDE. The school health service assignments/duties for the Full -Time/First-Class Permit, Professional Student Support Certificate, and Authorization for School Nurse, or Temporary Nurse Certificate, or Nurse Certificate may comprise the full scope of responsibilities (W. Va. Code § 18-5-22) and W. Va. 126CSR25A, Policy 2422.7, Standards for Basic and Specialized Health Care Procedures (Policy 2422.7).18.16.a. A School Nurse holding a Long-Term Substitute Permit is prohibited from performing substitute teaching duties in any area other than School Nurse unless the requirements in section 11.10.b have been satisfied.18.17. Assignment to Positions for Which No Specific Endorsement is Required. Positions in instructional areas including, but not limited to, theatre, dance, and computer science does not require a specific endorsement referenced in the West Virginia Education Information System (WVEIS) course code manual; however, the position must be filled by a person holding a Professional Teaching Certificate for the appropriate programmatic level.18.18. Assignment of Technology Integration Specialist. An individual assigned as a Technology Integration Specialist must hold a Technology Integration Specialist Advanced Credential or a Temporary Authorization endorsed for Technology Integration Specialist.18.19. Assignment of an Athletic Coach. An individual assigned as a paid or volunteer Athletic Coach must hold a valid Coaching Authorization; a Professional Certificate (Teaching, Student Support, Administrative); Long-Term or Short-Term Substitute Permit in a teaching area; or a JROTC Authorization, or a CTE certificate. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.18.20. Assignment of Athletic Trainer. An individual assigned in the role of an athletic trainer must hold a valid Athletic Training Authorization, be certified in athletic training through the Board of Certification, Inc, and registered with the West Virginia Board of Physical Therapy. An individual serving in the role of an athletic trainer is prohibited from being assigned simultaneous coaching responsibilities in the same sport. It is the responsibility of the individual holding the Athletic Training Authorization to determine whether or not an injured student athlete participates in a game or practice. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.18.21. Assignment of Authorized Limited Sports Trainer. An individual assigned in the role of a Limited Sports Trainer must hold a valid Limited Sports Training Authorization. An individual serving in the role of Limited Sports Trainer is prohibited from being assigned simultaneous coaching responsibilities in the same sport. It is the responsibility of the individual serving in the role of a Limited Sports Trainer to determine whether or not an injured student athlete participates in a game or practice. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.18.22. Assignment of a Temporary Coach or a Temporary Trainer. In the event the assigned Athletic Coach or Athletic Trainer or Limited Sports Trainer cannot be present, the county may assign once during the coaching/Training assignment season for that sport/activity, an individual with a medical background that includes, but is not limited to, a chiropractor, physical therapist, RN, licensed practical nurse, physician's assistant, paramedic, occupational therapist, emergency medical technician, or nurse practitioner to fulfil the duties of the Coach or Training role for not more than three consecutive days. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.18.23. Assignment of CTE Director. Beginning with assignments made for the 2022-2023 school year, an individual assigned as a CTE Director must hold the authorization endorsed for a CTE Administrator.W. Va. Code R. § 126-136-18