W. Va. Code R. § 126-136-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-136-4 - [Effective 1/11/2025] Definitions

4.1. Academic Major. At least 21 semester hours of coursework from an accredited IHE acquired in a single content area as identified on the official seal-bearing transcript, or verified by the IHE, from which the individual earned a degree. The 21 semester hours of coursework are required to be part of the candidate's degree and must not include any semester hours of remedial coursework.

4.2. Advanced Credential. A certificate awarded to educators upon completion of specific professional learning, coursework, and/or testing. For purposes of demonstrating subject matter competence, the Advanced Credential may include, but is not limited to, Certification by the National Board for Professional Teaching Standards (NBPTS), in content area, and/or a master's degree (MA) or doctorate (Ph.D., Ed.D.) in the content area.

4.3. Advanced Salary Classification. The upgrading of an educator's salary classification to bachelor's plus 15 (BA+15), master's (MA), master's plus 15 (MA+15), master's plus 30 (MA+30), master's plus 45 (MA+45), or doctorate.

4.4. Ancillary Requirements. For purposes of implementing the National Association of State Directors of Teaching Education Certification (NASDTEC) Interstate Agreement, ancillary requirements include, but are not limited to, minimum Grade Point Average (GPA), standardized testing or assessment, Evaluation Leadership Institute (ELI), mentoring, experience, or graduation from an accredited IHE.

4.5. Appeal. A written request submitted by a candidate for an appeal of denial for cause in accordance with section 6.2.h. The appellant is required to include in the appeal the basis for, and evidence supporting, the appellant's argument.

4.6. Approved Career Technical Education (CTE) Preparation Program. An educational training program designed to prepare individuals to become educators specifically in CTE. This program provides instruction in teaching methodologies, curriculum development, classroom management techniques, and subject-specific content related to career and technical fields, based upon WVDE-adopted CTE program objectives and other requirements, and endorsed by the WVBE.

4.7. Approved Program. An educational preparation program as defined in W. Va. 126CSR114, Policy 5100, Approval of Educator Preparation Programs (Policy 5100), and W. Va. 126CSR161, Policy 5901, Regulations for Alternative Certification Programs for the Education of Teachers (Policy 5901).

4.8. Associate degree (AA). An associate degree from an accredited IHE which has been issued or for which the requirements for have been met.

4.9. Automatic Revocation. The immediate termination of all rights and privileges of teacher licensure or certification as provided for by W. Va. Code § 18A-3-6(d) as a result of a guilty plea or conviction for: the crimes of child abuse or sexual abuse under W. Va. Code § 61-8D-3 or §61-8D-5, or a comparable statute or statutes in another state; a guilty plea or conviction for any criminal offense that requires a teacher to register as a sex offender; a guilty plea or conviction for any criminal offense which has an element of delivery or distribution of a controlled substance; or a guilty plea or conviction under W. Va. Code § 61-2-1, or a conviction under any law of the United States or any other state for an offense with the same elements as those offenses described in W. Va. Code § 61-2-1; or, having been adjudicated by a court of competent jurisdiction as having committed abuse of a child under W. Va. Code § 49-4-601.

4.10. Automatic Suspension. The immediate suspension of all rights and privileges of a teacher licensure or certification as provided for by W. Va. Code § 18A-3-6(b) as a result of: a charge or indictment for an offense under W. Va. Code § 61-8D-3 or §61-8D-5 or comparable statute in any other state; a charge or indictment for any criminal offense that requires the teacher or certificate holder to register as a sex offender; a charge or indictment with any criminal offense which has as an element of delivery or distribution of a controlled substance; a charge or indictment for any offense under W. Va. Code § 61-2-1 or under any law of the United States or any other state for an offense which has the same elements as the offenses described in W. Va. Code § 61-2-1; or having been alleged to have committed abuse of a child in a petition filed (W. Va. Code § 49-4-601).

4.11. Bachelor's Degree (BA). A bachelor's degree from an accredited IHE which has been issued to, or for which the requirements for a bachelor's degree have been met by, a candidate who qualifies for, or holds, a Professional Certificate or its equivalent.

4.12. Bachelor's Degree plus 15 (BA+15). A bachelor's degree from an accredited IHE plus 15 semester hours of approved coursework through an accredited IHE, approved to offer graduate credit, met by a candidate who qualifies for, or holds, a Professional Certificate or its equivalent.

4.13. Beginning Educator. A classroom teacher with less than two years of teaching experience.

4.14. Beginning Educator Internship/Induction. A comprehensive system of support for classroom teachers designed to assist the educator during the first year(s) of employment by providing a mentor, academic coach, or other professional support personnel or programs to guide the candidate during the transition to a new job assignment and promote professional growth, in accordance with W. Va. Code § 18A-3C-3.

4.15. Career Technical Education (CTE) Bachelor's Degree plus 15 (BA+15). The completion of the coursework for issuance of a CTE Certificate plus an additional 15 semester hours of approved coursework from an accredited IHE.

4.16. Career Technical Education (CTE) Master's Degree (MA). The completion of the coursework for issuance of a CTE Certificate plus 30 semester hours of approved coursework from an accredited IHE.

4.17. Career Technical Education (CTE) Master's Degree plus 15 (MA+15). The completion of the coursework for issuance of a CTE Certificate plus an additional 45 semester hours of approved coursework from an accredited IHE.

4.18. Career Technical Education (CTE) Master's Degree plus 30 (MA+30). The completion of the coursework for issuance of a CTE Certificate plus an additional 60 semester hours of approved coursework from an accredited IHE.

4.19. Career Technical Education (CTE) Master's Degree plus 45 (MA+45). The completion of the coursework for issuance of the CTE Certificate plus an additional 75 semester hours of approved coursework from an accredited IHE.

4.20. Certificate. Any or all documents issued by the licensing agency to empower an individual to perform designated services within the public schools of West Virginia.

4.21. Certificate Holder. Any individual who has been issued a credential through the WVDE under the authority of the State Superintendent in accordance with Policy 5202 and W. Va. Code § 18A-3-1.

4.22. Clinical Experience Permit. A credential issued to an educator candidate including, but not limited to, teachers, administrators, and student support personnel, who are enrolled and in good standing as part of an in-state or out-of-state approved preparation program at an accredited IHE that is a party to a written agreement with a county board of education for the clinical experience placement. This permit is not required for individuals who hold a valid or expired West Virginia Professional Teaching Certificate, Administrative Certificate, Student Support Certificate, or a valid First-Class/Full-Time Permit, Alternative Teaching Certificate, Provisional Alternative Certificate, Out-of-Field Authorization, Clinical Teacher of Record (CTR), or Clinical Residence Permit.

4.22.a. Candidates may or may not have yet obtained a BA and are required to obtain this permit prior to beginning a clinical experience in a West Virginia public or non-public school in accordance with Policy 5100, Approval of Educator Preparation Programs (Policy 5100).

4.22.b. This permit shall not be considered an initial certificate since eligible candidates have not completed all program requirements for initial licensure.

4.23. Clinical Teacher of Record (CTR). A credential issued to an individual who meets specific requirements of a state-approved preparation program at an IHE that has a current agreement with a county board of education in West Virginia for student placement which has been authorized by the WVBE, has completed required testing, and who may not have yet obtained a BA. This permit shall not be considered an initial certificate since eligible candidates have not completed all program requirements for initial licensure.

4.24. Community Programs. Early childhood education services provided in natural environments for children aged three to five. These include, but are not limited to, public or private childcare settings, private preschools, and Head Start. Community programs complement early childhood education services operated directly by county boards of education.

4.25. CTE Program of Study. A CTE program of study is the focused study of knowledge, and skills required for specific occupations and reflects specific endorsements recognized on the credential.

4.26. Conversion. The process of an educator completing requirements to upgrade from one level of certificate to another level.

4.27. County Board of Education. The entity responsible for supervising and controlling public schools in the district (W. Va. Code § 18-5-1et. Seq).

4.28. County Superintendent. The chief administrative officer of a county board of education in West Virginia.

4.29. Day. Calendar day.

4.30. Denial for Cause. A denial based on a candidate not meeting the criteria for licensure (W. Va. Code § 18A-3-1(i)), which specifies that a certificate shall not be issued to any person who is not of good moral character and physically, mentally, and emotionally qualified to perform the duties for which the certification would be issued.

4.31. Division of Motor Vehicles (DMV). The West Virginia government agency established in W. Va. Code §17-A-1 or its equivalent in other states.

4.32. Doctorate. A doctoral degree, from an accredited IHE approved to offer doctorate degrees, which has been issued to, or for which the requirements have been met by, a person who qualifies for, or holds, a Professional Certificate or its equivalent.

4.33. Duplicate Credit. A credit that substantially includes the same content for which the person has received previous credit.

4.34. Early Childhood Classroom Assistant Teacher (ECCAT) Paraprofessional Certificate. A person who has completed the permanent authorization requirements and holds a paraprofessional certificate.

4.35. Early Childhood Classroom Assistant Teacher (ECCAT) Permanent Authorization. A person who has completed the minimum requirements for a state-awarded certificate for ECCAT that meets or exceeds the requirements for a child development associate (CDA).

4.36. Early Childhood Classroom Assistant Teacher (ECCAT) Temporary Authorization. A person who has not met the minimum requirements for the permanent authorization requirements but is employed in an ECCAT position and is currently enrolled and/or progressing toward meeting the permanent authorization requirements.

4.37. Educator or Professional Educator. Shall mean the same as a teacher as defined in W. Va. Code § 18-1-1.

4.38. Endorsement. The specialization(s) and grade level(s) appearing on any certificate which designate the program areas to which the holder can be assigned within the public schools of West Virginia.

4.39. Experience. A professional assignment consistent with the endorsement(s) identified on the educator's certificate(s).

4.40. Fee. For purpose of tuition reimbursement only, in accordance with W. Va. Code § 18A-3-3a, includes any mandatory cost associated with tuition assessed by an IHE excluding costs associated with books, technology, and/or supplies.

4.41. Good Faith Eligibility. For purposes of certification application and effective date of certificates, is the allotted time period, not exceeding three school months, when an applicant has met all certification requirements but has not received the required documentation to support the submitted application, except when the WVDE's review of the application requires additional processing time that causes the allotted good faith eligibility time to be exceeded.

4.42. Graduate Credit. A graduate level credit earned through an accredited IHE approved to offer graduate credit.

4.43. Hearing. A session held on an established day, at a specific time, for presenting evidence and arguments before the Licensure Appeal Panel or the Professional Practice Panel of the West Virginia Commission for Professional Teaching Standards.

4.44. Initial Certificate. The first certificate issued to a candidate by the WVDE in accordance with Policy 5202 and W. Va. Code § 18A-3-1.

4.45. Institution of Higher Education (IHE). A college or university accredited by the official accrediting state agency in which the IHE is located, and by one of the regionally accrediting agencies recognized by the Council for Higher Education (CHEA), by one of the National Faith-Related Accrediting Organizations recognized by CHEA and the United States Department of Education (USDE), or by the Accrediting Council for Independent Colleges and Schools, to award degrees at stipulated levels including, but not limited to, BA, MA, and/or doctorate degrees.

4.46. Instructional Technology or Educational Technology. A research-based, systemic approach to define, understand, design, utilize, implement, manage, and evaluate appropriate educational technology applications, resources, and/or tools aligned with state-approved content standards for instruction intended to improve student learning.

4.47. International Credential Evaluation. An official evaluation report of international credentials that provides interpretation of international credentials and determination of the equivalency of educational programs, awarded degrees, and/or grades achieved to international and/or United States standards that demonstrates academic and/or professional achievement based on authentic documents and produced by an international credential evaluation service recognized by the Association of International Credential Evaluators or the National Association of Credential Evaluation Services.

4.48. Licensing Agency. The WVDE under the authority of the State Superintendent.

4.49. Long-Term Substitute. A licensed educator who temporarily replaces a person assigned to an educator position for more than 30 consecutive instructional days.

4.50. Master's Degree (MA). A master's degree related to public education earned at an accredited IHE approved to offer graduate coursework, which has been issued to, or the requirements have been met for a master's degree related to public education, by a candidate who qualifies for, or holds, a Professional Certificate or its equivalent.

4.51. Master's Degree plus 15 (MA+15). A master's degree related to public education earned through an accredited IHE plus an additional 15 semester hours of approved graduate coursework from an accredited IHE. This classification requires a total of 45 semester hours including a master's degree and shall be recognized only in the Professional Certificate or its equivalent.

4.52. Master's Degree plus 30 (MA+30). A master's degree related to public education earned through an accredited IHE plus an additional 30 semester hours of approved graduate coursework from an accredited IHE. This classification requires a total of 60 semester hours including a master's degree and shall be recognized only on the Professional Certificate or its equivalent.

4.53. Master's Degree plus 45 (MA+45). A master's degree related to public education earned through an accredited IHE plus an additional 45 semester hours of approved graduate coursework from an accredited IHE. This classification requires a total of 75 semester hours including a master's degree and shall be recognized only on the Professional Certificate or its equivalent.

4.54. Mentor. An experienced classroom teacher assigned to assist and support a beginning educator through an internship/induction period during the first year of full-time employment in a county school system or accredited non-public school which is encompassed in the comprehensive system of support for beginning educators (W. Va. Code § 18A-3C-3).

4.55. Non-Public School. A private school, parochial school, church school, school operated by a religious order, learning pod, microschool, or other school that is not supported with public funds.

4.56. One Year of Experience. One year of full-time experience for conversion/permanent licensure purposes equals 133 paid days within one school year in an assignment for which the person holds a valid certificate.

4.57. Paraprofessional. Personnel certified (W. Va. Code § 18A-3-2a) employed to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct and indirect supervision of students under the direction of a principal, a teacher, or another designated professional educator.

4.58. Performance-Based Assessment. As defined in Policy 5100.

4.59. Prerequisite Experience for Conversion. An educator's paid professional assignment consistent with the endorsement(s) identified on the educator's Professional Certificate or permissible under WVBE policy.

4.60. Professional Certificate or Equivalent. A Professional Teaching Certificate, Professional Student Support Certificate, Professional Administrative Certificate, CTE Certificate, Provisional Alternative Certificate, Provisional Professional Student Support Certificate, Provisional Professional Administrative Certificate, Temporary CTE Certificate, Permit for Non-United-States Citizen, Permanent Authorization for School Nurse, Temporary Nurse Certificate, or Nurse Certificate, and/or the Alternative Teaching Certificate required for employment in West Virginia public schools.

4.61. Professional Commitment. A written agreement executed by an educator to pursue certification in the endorsement area(s) in which the candidate is employed.

4.62. Quarter Hour Conversion. The equivalent to two-thirds of one semester hour.

4.63. Related to Public Education. For purposes of licensure renewal and advanced salary classification, means: any course offering included in a degree program in the field of K-12 or CTE education; content and/or professional education coursework related to the current licensure requirements; content and/or professional education coursework required for an additional endorsement; professional learning and/or special topics coursework approved by the WVDE; coursework identified in the personnel evaluation process; coursework related to technology for education; and/or coursework related to the mission and goals of the WVBE and/or the school organization.

4.64. Renewal. The extension of the certificate's validity period under conditions set forth in WVBE policies.

4.65. Revocation. The termination of all rights and privileges of licensure or certification as imposed by a consent agreement or by a written decision issued after a hearing.

4.66. School Year. July 1 through June 30.

4.67. Semester Hour of College Credit. The unit of credit recognized for renewal of any certificate and/or advanced salary classification.

4.68. Short-Term Substitute. A licensed educator who temporarily replaces a person assigned to an education position for 30 consecutive instructional days or less.

4.68.a. Restricted Short-Term Substitute. A licensed educator who temporarily replaces a person assigned to an educational position, for a county with an approved substitute shortage waiver by the State Superintendent for ten consecutive instructional days or less.

4.69. Shortage Area. An endorsement area identified by the county superintendent as an area the county does not have fully certified candidates for a position.

4.70. Specialization. The specific teaching, administrative, or student support services assignment a certificate or permit holder is authorized to perform within West Virginia public schools as set forth in Appendix A.

4.71. State Board. The West Virginia Board of Education (WVBE) invested with the general supervision of free schools in the State (W. Va. Const. Article XII §2).

4.72. State Superintendent. The person appointed by the WVBE (W. Va. Code § 18-3-1) responsible for the general supervision of free schools and the administration of the WVDE.

4.73. Suspension. A temporary termination of all rights and privileges of licensure or certification for a specified time period, or until certain conditions are met, as imposed by a consent agreement or a written decision after a hearing.

4.74. Teacher. Shall mean the same as defined in W. Va. Code § 18-1-1.

4.75. Teaching Experience. Full-Time classroom teaching or student support services experience within the specialization(s) and grade level(s) reflected on the educator's certificate in a public or non-public school that has been accredited through a WVBE-approved accreditation agency (W. Va. 126CSR13C), Policy 2330, Non-public School Accreditation (Policy 2330).

4.76. Valid Administrative/Management Experience. Any work experience shall include full-time assignment(s) in a public school system or managing a program related to the public school system where the candidate was a school, district, or state-level administrator where duties required supervision and evaluation of employees.

4.77. Validity Period. The time period a certificate is valid as reflected by the effective and expiration dates on a certificate.

4.78. Valid Out-of-State Certificate. A certificate to work as a public school teacher, administrator, or Student Support Personnel issued by a recognized licensing authority outside of the State that is unencumbered, not expired, or been surrendered, revoked, or currently suspended.

4.79. West Virginia Board of Education (WVBE)-Approved High School Equivalency Exam. A high school equivalency exam approved by the WVBE.

4.80. West Virginia CTE Endorsement and Testing Manual. A listing of all WVBE-required licensure exams and industry credentials required for educator certification and completion of WVBE-approved CTE programs leading to West Virginia licensure and available on the WVDE website.

4.81. West Virginia Commission for Professional Teaching Standards (WVCPTS). The official body representative of the educational community that is responsible for reviewing and recommending to the WVBE standards for the licensure of educational personnel; presiding over hearings and making recommended decisions to the State Superintendent related to licensure; any other duties related to licensure assigned by the WVBE.

4.82. West Virginia Department of Education (WVDE). The state education agency overseen by the State Superintendent of Schools and established (W. Va. Code § 18-3-9).

4.83. West Virginia Higher Education Policy Commission (WVHEPC). The statewide higher education policy commission established (W. Va. Code § 18B-1B-1).

4.84. West Virginia Licensure Testing Directory (directory). A listing of all WVBE-required licensure exams and validity periods for educator certification and completion of WVBE-approved programs leading to West Virginia licensure and available on the WVDE website.

4.85. West Virginia Provisional Alternative Certificate. A certificate assuring that the minimum criteria required for certification has been met with a one-year validity period and an option to renew the certification twice. This certificate may be issued to a candidate who meets full-time experience requirements, and/or academic standards from an out-of-state IHE; or currently holds a valid Alternative Teaching Certificate; and is employed full-time in a West Virginia public school; and meets the requirements of section 9.

W. Va. Code R. § 126-136-4