W. Va. Code R. § 126-136-4

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

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

4.1. Academic Major. At least 21 semester hours of coursework from an accredited IHE taken in a single content area as identified on the official seal-bearing transcript or verified by the IHE from which the individual received the degree. The 21 semester hours of coursework must count toward completion of the degree and shall not include any hours reflecting 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 not be 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 the following but not limited to: minimum Grade Point Average (GPA), standardized testing or assessment, Evaluation Leadership Institute (ELI), mentoring, experience, and graduation from an accredited IHE.

4.5. Appeal. A written request submitted by an individual for an appeal of denial for cause based on the provisions of section 6.2.h. The appellant shall cite, in writing, the basis for the appeal and shall include evidence to support the appellant's contention.

4.6. Approved Career Technical Education (CTE) Preparation Program. An educational program delivered by a regionally accredited IHE, based upon West Virginia Department of Education (WVDE)-adopted CTE program objectives and other requirements, and which has the endorsement of 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 to or for which the requirements for such 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 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 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 those offences described in 61-2-1; or, having been alleged to have committed abuse of a child in a petition filed pursuant to 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 such have been met by, a person 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 from an accredited IHE, approved to offer graduate credit, met by a person who qualifies for or holds a Professional Certificate or its equivalent.

4.13. Beginning Educator. A classroom teacher with fewer 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 or two 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 to promote professional growth, in accordance with W. Va. Code § 18A-3C-3.

4.15. Board of Education. A legally constituted entity with hiring authority including the WVBE, WVDE, county board of education, or any non-public school or non-public school system in West Virginia. Reference to county board or board of education pertaining to licensure applies to public schools under the supervision of the WVBE or the WVDE.

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

4.17. Career Technical Education (CTE) Master's Degree (MA). Completion of the coursework for issuance of the CTE Certificate plus 30 semester hours of approved coursework from a regionally accredited IHE.

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

4.19. Career Technical Education (CTE) Master's Degree plus 30 (MA+30). Completion of the coursework for issuance of the CTE Certificate plus an additional 60 semester hours of approved coursework from a regionally accredited IHE. A CTE educator who holds a permanent CTE Certificate and a bachelor's degree shall qualify for the MA+30 salary classification.

4.20. Career Technical Education (CTE) Master's Degree plus 45 (MA+45). Completion of the coursework for issuance of the CTE Certificate plus an additional 75 semester hours of approved coursework from a regionally accredited IHE. A CTE educator who holds a permanent CTE certificate and has completed a BA+15 semester hours of graduate credit shall qualify for the MA+45 salary classification.

4.21. 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.

4.22. Certificate Holder. Any individual who has been issued a credential by the State Superintendent or the WVDE under Policy 5202 or W. Va. Code § 18A-3-1.

4.23. Clinical Experience Permit. A credential issued to an educator (teacher, administrator, or student support) candidate who is both enrolled and in good standing as part of an in-state or out-of-state approved preparation program, at an accredited IHE. The IHE must hold a current agreement with a West Virginia 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.

4.23.a. Individuals 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 as described in Policy 5100.

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

4.24. 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 individuals have not completed all program requirements for initial licensure.

4.25. Community Programs. Those 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.

4.26. CTE Concentration. A CTE concentration is the focused study of knowledge and skills required for specific occupations and is reflective of specific endorsements recognized on the credential.

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

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's not meeting the criteria for licensure established in the portion of W. Va. Code § 18A-3-1(i), which indicates 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 granted.

4.31. Doctorate. A doctoral degree from an accredited IHE approved to offer such 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.

4.32. Duplicate Credit. Credit that covers substantially the same content for which the person has received previous credit.

4.33. Early Childhood Classroom Assistant Teacher (ECCAT) Paraprofessional Certificate. A person who has completed permanent authorization requirements, and who holds a paraprofessional certificate. (Refer to W. Va. Code § 18A-4-8(38).)

4.34. 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). The CDA or the West Virginia Apprenticeship for Child Development Specialists (ACDS) shall be equivalent to the WVDE-approved coursework. (Refer to W. Va. Code § 18A-4-8.)

4.35. Early Childhood Classroom Assistant Teacher (ECCAT) Temporary Authorization. A person who does not possess minimum requirements for the permanent authorization requirements but is employed in an ECCAT position and enrolled in and pursuing requirements. (Refer to W. Va. Code §§ 18A-4-8(36)-(38) and 18A-4-8(71).)

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

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

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

4.39. Fee. For purpose of tuition reimbursement only, in accordance with W. Va. Code § 18A-3-3a, any mandatory cost associated with tuition, as assessed by the IHE, excluding payment for books and supplies.

4.40. Good Faith Eligibility. For purposes of certification application and effective date of certificates, refers to the time period, not to exceed three school months, where an applicant who has met all certification requirements may be awaiting receipt of required documentation for the submitted application, except where the WVDE review protocols require additional processing time.

4.41. Graduate Credit. Graduate level credit earned at an accredited IHE and approved to offer graduate credit.

4.42. Hearing. The part of a session devoted to the taking of evidence or presentation of argument during the Licensure Appeal Panel's adjudication of an appeal.

4.43. Initial Certificate. The first certificate issued to an individual by the State Superintendent or the WVDE under Policy 5202 or W. Va. Code § 18A-3-1.

4.44. Institution of Higher Education (IHE). An accredited college or university. An IHE is 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 (ED), or by the Accrediting Council for Independent Colleges and Schools, to award degrees at stipulated levels (BA, MA, and/or doctorate).

4.45. 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 tools aligned to state-approved content standards for instruction to improve student learning.

4.46. International Credential Evaluation. An official evaluation report of international credentials that provides interpretation of such credentials and determination of the equivalency of educational programs, degrees awarded, 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. For purposes of advance salary classification, the report shall include the number of equivalent semester hours completed.

4.47. Licensing Agency. State Superintendent or WVDE.

4.48. Long-Term Substitute. A licensed educator who temporarily replaces, up to and including more than 30 consecutive instructional days, the person assigned to an educator position.

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

4.50. Master's Degree plus 15 (MA+15). A master's degree related to the public schools earned in 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.

4.51. Master's Degree plus 30 (MA+30). A master's degree related to the public schools earned in 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.

4.52. Master's Degree plus 45 (MA+45). A master's degree related to the public schools earned in 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.

4.53. Mentor. An experienced classroom teacher who is assigned to assist and support the beginning educator during a beginning educator internship/induction (W. Va. Code § 18A-3C-3).

4.54. 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.

4.55. Paraprofessional. Personnel certified pursuant to the provisions of WVC §18A-3-2 a who are 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.

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

4.57. 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 policy.

4.58. 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, and/or the Alternative Teaching Certificate in order to work in the public schools of West Virginia.

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

4.60. Quarter Hour Conversion. Equivalent to two-thirds of one semester hour.

4.61. Related to the Public School Program. For purposes of renewal and advanced salary classification, related to the public school program shall mean: 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; content and/or professional education coursework required for an additional endorsement; professional learning/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.

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

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

4.64. School Year. July 1 through June 30.

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

4.66. Short-Term Substitute. A licensed educator who temporarily replaces, for 30 or fewer consecutive instructional days, the person assigned to an education position.

4.66.a. Restricted Short-Term Substitute. A licensed educator who temporarily replaces, for 10 or fewer consecutive instructional days, the person assigned to that educational position, for a county with an approved substitute shortage waiver by the State Superintendent.

4.67. Shortage Area. An endorsement area identified by the county superintendent as one in which the county does not have fully certified candidates for a position.

4.68. Specialization. The specific teaching, administrative, or student support services assignment in which an individual may function legally within the public schools of West Virginia. (Refer to Appendix A.)

4.69. Superintendent. The chief administrative officer of a legally constituted entity including a board of education.

4.70. Suspension. A temporary cessation of all rights and privileges of licensure or certification for a specified period of time or until certain conditions are met which have been imposed by consent agreement or by a written decision after a hearing.

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

4.72. Valid Administrative/Management Experience. Any type of work experience related to the public school program in which the individual was managing and/or supervising the affairs of an organization, including but not limited to: a(n) alternative school setting or similar type professional experience; community college or other postsecondary professional experience; county-level administrative experience; Head Start or preschool professional experience; college of education or state education agency professional experience; or professional experience in academic departments of IHEs if there has been sufficient involvement with public school programs and curriculum.

4.73. Validity Period. The time period for which a certificate is valid as reflected by the effective and expiration dates.

4.74. Valid Out-of-State Certificate. A certificate to work as a public school teacher, administrator, or Student Support Personnel (as defined in sections 10 and 16) that has not expired, or been surrendered, revoked, or currently suspended.

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

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

4.76.a. When tests, scores, or industry credentials listed in the manual are changed, 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 altered 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 tests and passing scores.

4.76.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 changed.

4.77. 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; and, any other duties related to licensure as assigned by the WVBE.

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

4.79. West Virginia Licensure Testing Directory (directory). A listing of all WVBE-required licensure exams for educator certification and for completion of WVBE-approved programs leading to West Virginia licensure. This directory is maintained on the WVDE website.

4.79.a. Validity period of all WVBE-required licensure exams shall be as indicated in the directory maintained on the WVDE website.

4.80. West Virginia Provisional Alternative Certificate. A certificate that provides assurances that the minimum criteria required for certification has been met and is issued for one year and may be renewed twice. A certificate is granted to an individual who: or meets prescribed full-time experiences, and/or academic standards from an out-of-state IHE; or holds a valid Alternative Teaching Certificate; and is employed full-time in a West Virginia public school; and meets the requirements of section 10.

W. Va. Code R. § 126-136-4