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SB409 • 2026
High School Educator Flexibility Act of 2026
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
High School Educator Flexibility Act of 2026
To Education
Introduced in Senate
To Education then Finance
Filed for introduction
High School Educator Flexibility Act of 2026
SB 409 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version Senate Bill 409 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION FISCAL NOTE Introduced Senate Bill 409 By Senator Rucker [Introduced January 15, 2026; referred to the Committee on Education; and then to the Committee on Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4, §18-2L-5, §18-2L-6, and §18-2L-7, relating to course-specific teaching; providing a short title; providing definitions; establishing course-specific permits; clarifying eligibility criteria; clarifying the role of local education agencies; identifying a list of qualifying courses; and providing a funding guarantee. Be it enacted by the Legislature of West Virginia: ARTICLE 2L. High School Educator FlexIbility Act of 2026. §18-2L-1. Short title. (a) This article may be cited as "The High School Educator Flexibility Act." §18-2L-2. Definitions. For the purposes of this article: "Approved professional learning" means a professional learning experience facilitated by an approved provider that satisfies all the following conditions: (1) The professional learning consists of no fewer than 30 clock hours of course-specific content and pedagogy instruction offered in one training or in sequenced modules completed within a single year; (2) Professional learning sessions are anchored to the provider’s course framework; (3) Professional learning sessions are facilitated by an individual the provider has formally vetted and then endorsed after completing the provider’s own faculty-development program and maintaining currency with the latest framework version; and (4) At the conclusion of professional learning, participants receive a dated certificate verifying the course title, hours earned, and the approved provider’s name; districts shall accept that certificate as proof of compliance. "Approved provider" means a U.S.-based, non-profit educational organization that publishes the curriculum framework for each high-quality course and requires each school offering the course to secure course authorization. "High-quality course" means a high school course that satisfies all the following criteria: (1) The course is designed and maintained in partnership with accredited postsecondary institutions or industry representatives; (2) The course leads to articulated post-secondary credit or an employer-endorsed credential; and (3) The course includes an externally validated, nationally administered end-of-course exam. §18-2L-3 Establishment of course-specific teaching permit. (a) The Board of Education or West Virginia Commission for Professional Teaching Standards shall establish a course-specific teaching permit for certified educators who hold valid professional educator certificates but do not possess endorsements for specific subject areas. (b) The course-specific permit shall authorize eligible educators to teach high-quality courses outside their formally endorsed certification area. These high-quality courses can be in academic and/or career and technical education areas. (c) The permanent course permit shall be issued upon completion of approved professional learning directly linked to the specific high-quality course content. (d) The course-specific permit shall enable immediate classroom instruction upon successful completion of the approved professional learning. §18-2L-4. Eligibility criteria. Educators eligible for the course-specific permit shall: (1) Possess a current, valid professional educator certificate issued by the Board of Education or West Virginia Commission for Professional Teaching Standards; and (2) Successfully complete approved professional learning from an approved provider aligned to high-quality course-specific content. §18-2L-5. Role of local education agencies. Local education agencies shall have the authority and flexibility to assign teachers holding course-specific permits to classrooms requiring such specialized instructional capacity. §18-2L-6. List of qualifying courses and training. The Board of Education shall maintain, and update on an annual basis, a list of: (1) Approved high-quality courses eligible for staffing through course-specific permits; (2) Approved providers who facilitate approved professional learning experiences; and (3) Approved professional learning experiences. §18-2L-7. Career-technical education funding guarantee. (a) Notwithstanding any other provision of law, an instructor who holds a valid course-specific permit shall be deemed an "appropriately licensed or certified career-technical instructor" for purposes of: (1) Program approval and renewal under §18A-3-1 of this code, and (2) The calculation and distribution of career-technical education weighted funding under §18-9A-1 et seq . of this code. (b) The Board of Education or Office of Certification shall: (1) Publish licensure-guideline language recognizing the course-specific permit as proper certification for the corresponding career-technical education program area; and (2) Implement an automated data-system override that clears any licensure error codes generated solely because the instructor holds a course-specific permit rather than a standard career-technical education license. (c) Districts and career-technical planning districts shall not experience any reduction, withholding, or restricting of career-technical education weighted funding for a course taught by a properly permitted instructor. NOTE: The purpose of this bill is to provide rural communities educational courses that parents and employers value most. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. 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