W. Va. Code R. § 126-136-14

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

Section 126-136-14 - [Effective until 1/11/2025] Waivers and Extensions

14.1. Substitute waivers may be available for a county superintendent who is unable to staff a long-term substitute position with an individual licensed in the area of assignment through the request of a waiver from the State Superintendent. The written waiver request must indicate the efforts that were made to employ a fully qualified candidate. Along with the waiver request, copies of the job postings showing two different posting periods must be included. In cases where the employee of record will or may return to the position, the postings will not be required. The State Superintendent may grant the waiver if the circumstances warrant such approval. However, the county superintendent must continue to seek the services of an educator with the appropriate endorsement(s) and place this individual in the position at a time determined to be in the best interest of the students.

14.2. Severe Substitute Shortage. Under extenuating circumstances, a county superintendent may request a waiver to section 11.9.a.2.A, section 11.9.a.4.a, or section 11.9.b.2.A that requires 18 clock hours of training to be completed prior to the issuance of a Substitute Permit. The waiver request must document the shortage and include verification of six clock hours of training. The initial six clock hours of training must include a classroom management component and an overview of school law to include reporting requirements for suspected child abuse, and, beginning July 1, 2021, trauma-informed best practices, and may not include classroom observation. The remaining 12 clock hours of training must be completed in accordance with section 11.9 and be completed within the first semester of employment.

14.3. Dual Credit Contracted Services Exemption. An instructional employee of a regionally accredited IHE who is not regularly employed for instructional purposes in a public school in this state as referenced in W. Va. Code § 18-1-1 and is providing a dual credit course is exempt from the requirement of holding the same licensure required for an educator employed by a county board of education.

14.4. Extension of Professional Certificates for Extenuating Circumstances. A county superintendent may request, in writing to the State Superintendent, an extension of the Professional Certificate for an employee, including the county superintendent, who meets one of the three circumstances identified in section 14.5.

14.5. Issuance and Extension of the Full-Time Permit/Out-of-Field Authorization of Extenuating Circumstances. A county superintendent may request, in writing to the State Superintendent, an extension of the First-Class/Full-Time Permit/Out-of-Field Authorization for an employee, including the county superintendent, who meets one of the three circumstances identified below. The State Superintendent shall render a decision; however, the permit may not be extended beyond one school year or more than once.

14.5.a. Extenuating Circumstances for which First-Class/Full-Time Permit/Out-of-Field Authorization Can Be Extended or issued.

14.5.a.1. Unavailability of Coursework. The county superintendent shall submit verification from the designated official at the IHE through which the candidate is completing the state-approved program that no required coursework was available during the school year; or

14.5.a.2. Illness/Death. The county superintendent shall submit the candidate's description of how a major illness of the candidate or illness/death of an immediate family member prevented the candidate from completing the required coursework; or

14.5.a.3. Hardship. The county superintendent shall submit the candidate's description of how a major hardship other than illness prevented the candidate from completing the required coursework.

W. Va. Code R. § 126-136-14