W. Va. Code R. § 126-136-9

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

Section 126-136-9 - [Effective 1/11/2025] General Requirements and Dates Certain for Licensure

9.1. General Requirements. A certificate to work in of West Virginia public schools may be issued to a candidate who is: a United States citizen or who holds a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS); of good moral character; physically, mentally, and emotionally qualified to perform assigned duties; and, has attained the age of 18 on or before October 1 of the year in which the certificate is issued unless otherwise noted (W. Va. Code § 18A-3-2a).

9.2. Criminal History Record and Federal Bureau of Investigation (FBI) Fingerprint Background Check Requirement for Initial Licensure. All candidates who apply to the WVDE for initial licensure, or those who were issued a credential prior to January 1, 2001, and their license has expired, shall be fingerprinted by the West Virginia State Police or its designee. The fingerprints shall be analyzed by the State Police for a state criminal history record check through the central abuse registry record and then forwarded to the FBI for a national criminal history record check. Information contained in either the central abuse registry record or the FBI record may be the basis for the denial of a certificate for cause (W. Va. Code § 18A-3-2a) and/or W. Va. Code § 18A-3-10.

9.3. State Analysis for Employment within 90 Days. Within 90 days of the state fingerprint analysis, and after receiving written consent from the candidate, the WVDE may provide a copy of the results of a state analysis to the county board(s) of education where the candidate is applying for employment without additional cost to the candidate.

9.4. Disclosure Provisions. Information and/or documents maintained by the WVDE, or a county board of education obtained (W. Va. Code § 18A-3-10) is exempt from disclosure under the Freedom of Information Act established in W. Va. Code § 29B-1-4. The disclosure or publication of information in a statistical or other format that does not include personally identifiable information is permissible.

9.5. Beginning Educator Internship/Induction. An educator who receives an initial Professional Teaching Certificate after January 1, 1992, must successfully complete a Beginning Educator Internship/Induction. Provided, an educator who has successfully completed five years of out-of-state full-time teaching experience is exempt from completing the Beginning Educator Internship/Induction required by W. Va. Code § 18A-3C-3. A candidate with five years of in-state full-time teaching experience at an eligible school, as defined in this policy, where a mentor was not provided during the first year of full-time employment with supporting documentation from the county employer shall be exempt.

9.6. Licensure and Related Fees. A non-refundable processing fee, established by the WVBE, shall be assessed for all applications. In addition to the processing fee, candidates who apply for an initial certificate are responsible for the current fee(s) assessed by the FBI for conducting a fingerprint background check and a West Virginia Criminal Bureau of Investigation fingerprint background check as required by W. Va. Code § 18A-3-10. The WVDE shall also assess a fee for copies of records.

9.7. Dating of Certificates. All certificates shall be issued and dated in accordance with all relevant laws and WVBE policies. A county board of education may employ a candidate for a professional educator's certificate in good faith that the candidate is eligible for a certificate for up to three school months, unless otherwise noted, or the notification date of the candidate's ineligibility, whichever occurs first. This three-month period shall begin on the hiring date for that position. The candidate's background check requirements shall be completed and the candidate's application and assessed fees for licensure must be received by the WVDE within 10 calendar days of the hiring date. The certificate effective date shall be the same date it was received by the WVDE or the applicant's hire/assignment date, not to exceed ten-calendar days, provided that all licensure requirements have been met on that date. Future employment and/or assignment dates are permissible. All certificates expire on June 30 of the last year of their validity irrespective of the date of issuance (W. Va. Code § 18A-3-2). A candidate whose eligible credential is effective after December 1, may be issued a credential exceeding the validity period within the validity section of the certificate.

9.8. Expiration Date of Certificates. All certificates shall be issued and set to expire in accordance with this policy and W. Va. Code § 18A-3-2a.

9.9. Specializations and Grade Levels. All certificates are required to include specialization(s) and grade level(s) in accordance with this policy, Policy 5100, and the provisions W. Va. Code § 18A-3-2a. Information relating to specific designations for programmatic levels and specializations are established in Appendix A of this policy.

9.10. Recognition of Degrees and Coursework for Licensure, Renewal, and Advanced Salary Classifications.

9.10.a. Dating of Degree Recognition and Advanced Salary Classifications. Upon successful completion of an advanced degree or additional hours leading to a higher salary classification, the candidate is required to submit an application to the WVDE. After verifying that the candidate has completed the required coursework and/or earned the appropriate degree, the new degree/salary classification will be effective on the date that all requirements for the classification were completed not to exceed three months prior to WVDE's receipt of the application for any valid and eligible certificate.

9.10.b. BA. Only a BA earned through an accredited IHE approved to offer a BA may be recognized for licensure and salary classification purposes.

9.10.c. MA. Only an MA earned through an accredited IHE approved to offer an MA and in a curriculum related to public education may be recognized for licensure and salary classification purposes.

9.10.d. Doctorate. Only a doctoral degree earned through an accredited IHE approved to offer a doctorate and in a curriculum related to public education may be recognized for licensure and salary classification purposes (W. Va. Code § 18A-4-1).

9.10.e. Degrees and Coursework from Non-accredited Colleges. Degrees and/or coursework earned through non-accredited IHEs are not recognized for licensure or salary classification purposes. A candidate who completed a state-approved program through a non-accredited IHE must complete the appropriate degree and approved program requirements through an accredited IHE before a license may be issued.

9.10.f. Recognition of IHE Credit for Renewal and Salary Classification Purposes. Only unduplicated coursework related to public education as defined in section 4.63, completed through an accredited IHE, or through the WVDE WVLearns program and reflected on an official IHE transcript, and subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application may be used for renewal of a certificate.

9.11. Grade Point Average (GPA).

9.11.a. For Issuance of an Original Certificate. A candidate for licensure is required to have a minimum overall GPA of 2.50, unless otherwise noted. The scholastic requirements shall be computed using the 4.0 scale including the discretionary academic forgiveness provisions approved by the higher education governing boards.; or

9.11.a.1. the candidate meets any eligible exemption specified in the directory or the West Virginia CTE Endorsement and Testing Manual;

9.11.a.2. must hold a minimum 2.50 GPA for all college/university coursework attempted with a BA, or minimum 3.00 GPA if submitting an MA or a doctorate degree, with the exception of a minimum 2.00 GPA required for the Substitute Permit and school nurses licensed by the West Virginia Registered Nurse Board or the West Virginia State Board of Examiners for Licensed Practical Nurses. CTE Teachers transitioning from business and industry to career technical education who meet the wage-earning experience requirements but may/may not possess a bachelor's degree may be exempt from GPA requirements.

9.11.a.3. Candidates who hold a valid out-of-state teaching certificate with verification of five years of successful full-time experience in a public school in the area(s) of endorsement reflected on the certificate, which includes the state the certificate was issued in, are exempt from the GPA requirement.

9.11.a.4. A candidate who holds an MA or higher with a minimum 3.00 GPA meets the GPA requirement, superseding the minimum GPA required for a BA.

9.11.b. For Issuance of Additional Endorsements. Additional endorsements may be issued to a candidate who holds a West Virginia Professional Certificate, meets the 2.50 GPA requirement in the area(s) the endorsement is requested, unless otherwise specified. All required and elective courses completed for endorsement(s) shall be included in meeting GPA requirements, regardless of the completion date.

9.11.c. For Renewal of a Certificate. College/university credit completed for the renewal of a certificate is required to have a 3.00 GPA or meet the approved equivalent.

9.12. State Testing Requirements. All candidates for professional licensure or CTE certificate are required to meet state testing requirements (W. Va. Code § 18A-3-2a) and set forth in section 10.1.e and the directory and the CTE Endorsement and Testing Manual, including the exemptions in W. Va. Code § 18A-3-2a(1)(B) and in section 10.1.e.

9.12.a. When tests, scores, or industry credentials listed in the manual are modified, the validity period for the previously listed test, score, and/or industry credential shall be one year from the effective date of the new test, score, or industry credential, except when the test creator specifies otherwise. In those circumstances where the WVBE has not modified either the required test or the passing score, the test and score shall remain valid beyond the ten-year period. Candidates whose test score(s) exceed the ten-year validity period at the time of application for licensure are required to satisfy current testing and passing score requirements.

9.12.b. Exceptions for tests, scores, or industry credentials shall remain valid for 12 months after completion of an approved program for licensure where the candidate was continuously enrolled even if the test, score, or industry credential has modified.

W. Va. Code R. § 126-136-9