W. Va. Code R. § 126-136-7

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

Section 126-136-7 - [Effective until 1/11/2025] Responsibilities for Licensure

7.1. Candidates and licensed individuals shall:

7.1.a. Familiarize Themselves with Licensure Requirements. All educators are responsible for familiarizing themselves with the West Virginia licensure and salary classification requirements and for making application for any licensure/salary classification to which the educator is entitled. Failure to apply for a certificate or an additional endorsement within 12 months from the completion of an approved program may result in additional requirements before the educator can be licensed as indicated in section 10.1.e. It is educators' responsibility to ensure that they hold a certificate valid for their assignment and that the correct endorsement and/or programmatic level are reflected on such certificate; and

7.1.b. Consult with County Superintendent or Professional Designee. Each employed educator shall select, in consultation with the county superintendent or professional designee when applicable, the most appropriate coursework to the educator's current or anticipated assignment and long-range professional learning plan.

7.1.c. Complete Renewal Credit/Coursework. The educator is encouraged to complete the coursework for the renewal of the Professional Certificate one year prior to the expiration date of the certificate being renewed.

7.2. The county superintendent shall:

7.2.a. Counsel Employees. The county superintendent or professional designee is encouraged to advise employed educators regarding licensure requirements and inform them concerning their professional responsibility for maintenance of their certificate, additional endorsements, and/or advanced salary classifications, including the procedures by which these processes are completed. County superintendents or professional designees are encouraged to notify employees at least one year in advance of the date the employee's certificate(s) must be renewed; and

7.2.b. Recommend for Licensure. The county superintendent shall recommend, or not recommend, the issuance and renewal of all certificates, as noted, for educators employed by the county board of education in accordance with W. Va. Code § 18A-3-2a; and

7.2.c. Report Immorality and Neglect of Duty. The county superintendent shall report any acts referenced in W. Va. Code § 18A-3-6 for which a certificate may be revoked, along with all the facts and evidence, as may be proper, for the State Superintendent's judgment; and

7.2.d. Employ and Assign Personnel. The county superintendent shall recommend to the county board of education the most qualified candidate for each instructional, student support service, and administrative position. (W. Va. Code § 18A-4-7a.) In addition, the county superintendent shall ensure that all educators hold appropriate licensure for their assignment within the first three months of such employment. If an educator is employed in good faith on the anticipation that the educator is eligible for a certificate and it is later determined that the educator was not eligible, the county superintendent shall be authorized to pay the educator for a time not exceeding three school months or the date of notification of the ineligibility, whichever shall occur first. (W. Va. Code § 18A-3-2.)

7.2.e. Verify Contracted or Cooperative Services. The county superintendent shall assure that an educator providing contracted services or services through a cooperative agreement holds the same licensure required for an educator employed by a county board of education.

7.3. The WVDE shall:

7.3.a. Notify the candidate of approval or denial of application for licensure. The licensing agency shall notify, in writing, all candidates regarding the approval or denial of their applications for licensure or salary classification; and

7.3.b. Provide technical assistance to individuals, county boards of education, and other agencies in understanding and implementing the licensure process; and serve as the repository for all licensure records, documents, and related materials. Applications, transcripts, fees, and other documents submitted for the issuance or maintenance of a certificate become the property of the licensing agency; and

7.3.c. Waive Requirements as appropriate. The State Superintendent shall have the authority to waive licensure requirements in a situation where, after thorough investigation, it is determined that the candidate's knowledge, preparation, and/or experience are adequate to justify such waiver. If the waiver request could result in the extension of a certificate or the issuance of a new certificate, the written request must be accompanied by the appropriate application and processing fee. The State Superintendent must state, in writing, the reason(s) for granting or denying such waiver with a copy to be maintained in the candidate's records. If the office responsible for certification and licensure recommends that an application be denied for cause, the candidate may not request a waiver but may file an appeal pursuant to procedures outlined in Policy 1340.

7.3.d. Set Waiver Period. The waiver granted by the State Superintendent shall be for a period of only one year unless the State Superintendent finds that a longer waiver is justified. During this one-year period, the candidate must complete all requirements that were waived. Prior to the conclusion of the one year waiver period, the candidate must apply for licensure and will be required to meet all requirements for the licensure to be issued for the remaining period of the certificate. If the State Superintendent finds that a longer waiver is justified, the reasons must be stated in writing upon granting the request.

7.3.e. Receive a Report from County Board of Education. The county board of education shall send to the WVBE by October 1, annually, data that includes available teacher positions in the county and any shortages in subject matter areas in the county.

W. Va. Code R. § 126-136-7