West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-136 - Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (5202)
Section 126-136-9 - General Requirements and Dates Certain for Licensure
Current through Register Vol. XLI, No. 38, September 20, 2024
9.1. General Requirements. A certificate to work in the public schools of West Virginia may be granted to a candidate who is: a United States citizen or who holds a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS); of good moral character; physically, mentally, and emotionally qualified to perform the duties to which assigned; and has attained the age of 18 years on or before October 1 of the year in which the certificate is issued unless otherwise noted. (W. Va. Code § 18A-3-2a.)
9.2. Criminal History Record Check. Federal Bureau of Investigation (FBI) Fingerprint Background Check for Initial Licensure. All candidates for initial licensure whose applications are received by the WVDE shall be fingerprinted by the West Virginia State Police or its designee. The fingerprints shall be analyzed by the State Police for a state criminal history record check through the central abuse registry record and then forwarded to the FBI for a national criminal history record check. Information contained in either the central abuse registry record or the FBI record may form the basis for the denial of a certificate for cause in accordance with W. Va. Code § 18A-3-2a and § 18A-3-10.
9.3. State Analysis for Employment within 90 Days. Upon written consent to the WVDE by the candidate and within 90 days of the state fingerprint analysis, the results of a state analysis may be provided to a county board of education with which the candidate is applying for employment without further cost to the candidate.
9.4. Disclosure Provisions. Information maintained by the WVDE or a county board of education which was obtained for the purposes of W. Va. Code §18A-3-10 is exempt from disclosure as provided by W. Va. Code § 29B-1-4. Disclosure or publication of information in a statistical or other form that does not identify the individuals involved or provide personal information is not prohibited.
9.5. Beginning Educator Internship/Induction. An educator who receives a Professional Teaching Certificate after January 1, 1992, must successfully complete a Beginning Educator Internship/Induction. An educator who has successfully completed five years of out-of-state teaching full-time experience is exempt from completing the Beginning Educator Internship/Induction. (W. Va. Code § 18A-3C-3.)
9.6. Licensure and Related Fees. A non-refundable processing fee, established by the WVBE, shall be charged for all applications and requests for copies of records. In addition to the processing fee, candidates who apply for an initial certificate shall be responsible for the current fee charged by the FBI for a fingerprint background check and for a West Virginia Criminal Bureau of Investigation fingerprint background check as required by W. Va. Code § 18A-3-10.
9.7. Dating of Certificates. All certificates shall be issued and dated in accordance with W. Va. Code and as mandated by other applicable WVBE policies. A county board of education may employ a candidate for a professional educator's certificate in good faith that the candidate is eligible for a certificate for up to three school months, unless otherwise noted or date of notification of the candidate's ineligibility, whichever shall occur first. This three-month period shall begin with the date of hire for that position. The candidate's background check shall be completed and appropriate application and fees for licensure must be received by the WVDE within 10 calendar days of the hire date. The certificate effective date shall be the date it is received by the WVDE or the applicant's hire/assignment date, not to exceed the ten-calendar day period stated within this section, and provided that all licensure requirements have been met on that date. Future employment/assignment dates are allowable. All certificates shall expire on June 30 of the last year of their validity irrespective of the date of issuance. (W. Va. Code § 18A-3-2.) A candidate whose eligible credential is effective after December 1 may be issued a credential which exceeds the validity period within its validity section.
9.8. Expiration Date of Certificates. All certificates shall be issued and set to expire in accordance with W. Va. Code § 18A-3-2a and as mandated by this policy. Refer to individual licensure sections for designated dates.
9.9. Specializations and Grade Levels. All certificates shall contain specializations and grade levels in accordance with W. Va. Code § 18A-3-2a and as mandated by this policy and Policy 5100. Refer to individual licensure sections or Appendix A for specific designations.
9.10. Recognition of Degrees and Coursework for Licensure, Renewal, and Advanced Salary Classifications.
9.11. Grade Point Average (GPA).
9.12. State Testing Requirements. All candidates for professional licensure must meet state testing requirements as required by W. Va. Code § 18A-3-2a and as outlined in section 10.1.e and the directory maintained on the WVDE website, including the exemptions indicated in W. Va. Code § 18A-3-2a(1)(B) and in section 10.1.e Candidates for CTE licensure must meet testing requirements as outlined in the West Virginia CTE Endorsement and Testing Manual maintained on the WVDE website.