W. Va. Code R. § 126-136-18

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

Section 126-136-18 - [Effective until 1/11/2025] Appropriate Assignments According to License

18.1. Assignment of an Educator. An educator who is employed within the public schools of the state shall hold a valid certificate for the specializations and grade levels to which 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 levels reflected on their certificate unless the educator was granted a permanent Authorization under previous policy. The 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 teaching certificate with an endorsement appropriate to the grade level of instruction. Home/hospital instruction for an eligible student with exceptionality requires that the special education teacher who is implementing the student's special education services in the student's Out-of-School Environment placement must hold a teaching certificate with an endorsement in the area of 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 the performing arts, professions, and CTE specializations. A county board of education may utilize such personnel in accordance with a locally adopted policy provided such personnel 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 be eligible for 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 may serve 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 fewer (short-term) may substitute in a specialization not reflected on the certificate. Individuals who hold a Clinical Experience Permit, a Restricted Clinical Experience Permit, or Long-Term Year-Long Residency Permit may serve as substitutes once they complete the necessary requirements as per Policy 5100. Individuals who are retired CTE instructors and hold a valid CTE certificate may be assigned as a Short-Term Substitute.

18.9. Assignment of Speech Language Pathologist. An educator who holds licensure as a speech/language pathologist grade K-12 may be assigned to provide services to students, pre-k-Adult, provided the educator secures 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 may: deliver the instructional support to the student with English Learners (EL), whose assessment indicates the instructional goals and objectives can be delivered in the regular education program with support for the ESL teacher; and/or 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 will 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 the 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 receives 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. The Speech Assistant shall conduct only specific components of a speech and language delivery program under the direction and guidance of a certified SLP. Speech Assistants may execute only those tasks that are within their scope of responsibilities and that they have training and expertise to perform as determined by the WVDE Office of Special Education provide they secure the appropriate authorization. A Speech Assistant may be employed only in the event that no fully West Virginia-certified SLP applied for the vacant position. (Refer to section 11 for the requirements for a First-Class/Full-Time Permit for individuals who have enrolled in a state-approved Speech Language Pathology program and who have completed 25 percent or six semester hours of the program. Refer to section 11.2 for requirements for the renewal of the First-Class/Full-Time Permit for Speech Language Pathology.)

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, however, 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. Teachers 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. Those teachers 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 service students in grades K-Adult. Those teachers 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 service students in grades pre-k-Adult. All programmatic level changes listed in this section require the teacher to apply for and to be granted the appropriate licensure from the WVDE.

18.16. Assignment of School Nurse. School Nurses 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 granted 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 may comprise the full scope of responsibilities as outlined in W. Va. Code § 18-5-22 and W. Va. 126CSR25A, Policy 2422.7, Standards for Basic and Specialized Health Care Procedures.

18.16.a. The School Nurse assignment on a Long-Term Substitute Permit does not allow the individual to substitute teach in any other area other than School Nurse unless the requirements in section 11.7.c.1 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 require no specific endorsement as referenced in the West Virginia Education Information System (WVEIS) course code manual, but do however, require the position to be filled by a person who holds 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 an Athletic Coach (paid or volunteer) must hold a valid Coaching Authorization; or a Professional Certificate (Teaching, Student Support, Administrative); or Long-Term or Short-Term Substitute Permit (for a teaching area); or a JROTC Authorization, or a CTE certificate. A county board of education may not employ a candidate in good faith on the anticipation that the individual is eligible for a certificate.

18.20. Assignment of an Athletic Trainer. An individual assigned as an Athletic Trainer must hold a valid Athletic Trainer Authorization, be certified as an Athletic Trainer through the Board of Certification, Inc, and registered with the West Virginia Board of Physical Therapy. An individual serving as an athletic trainer may not have simultaneous coaching responsibilities in the same sport. It is the responsibility of the athletic trainer to determine whether or not an injured student athlete participates in a game or practice. A county board of education may not employ a candidate in good faith on the anticipation that the individual is eligible for a certificate.

18.21. Assignment of an Authorized Limited Sports Trainer. An individual assigned as a Limited Sports Trainer must hold a valid Limited Sports Trainer Authorization. An individual serving as a limited sports trainer may not have simultaneous coaching responsibilities in the same sport. It is the responsibility of the limited sports trainer to determine whether or not an injured student athlete participates in a game or practice. A county board of education may not employ a candidate in good faith on the anticipation that the individual is eligible for a certificate.

18.22. Assignment of a Temporary Coach or a Temporary Trainer. In the event the assigned Athletic Coach or Trainer is not available to be present, the county may assign one time only during the coaching/Trainer assignment season for that sport/activity, an individual with a medical background that may include, but is not limited to: 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 Trainer for no more than three consecutive days. A county board of education may not employ a candidate in good faith on the anticipation that the individual is 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 CTE Administrator.

W. Va. Code R. § 126-136-18