West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-136 - Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (5202) › Section 126-136-18 - Appropriate Assignments According to License

Current through Register Vol. XLI, No. 28, July 12, 2024
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.