Teacher certification-2.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0540

SENATE FILE
NO.
SF0130

Teacher certification-2.

Sponsored by:
Senator(s) Hicks, Coe,
Jennings
and Landen and Representative(s) McOmie and Teeters

A BILL

for

AN ACT relating to
education; providing that the state board shall be responsible for certification of teachers and other educational professionals; making conforming changes; repealing the professional teaching standards board;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
‑
2
‑
308 is created to read:

21
‑
2
‑
308.

Teacher certification.

(a)

The state board of education shall, through the department of education, implement this section and shall promulgate rules and regulations:

(i)

For the certification of school administrators, teachers and other personnel to require either examination in specified subjects or the completion of courses in approved institutions, or both. However, nothing in this section shall be construed as permitting the state board to impose any additional requirements beyond licensure in his own profession on any person licensed pursuant to title 33 in order for that person to practice his own profession in the schools as an employee of or contractor for a school district. Rules and regulations adopted pursuant to this subsection shall require the following minimum qualifications and any additional qualifications for additional training in a broad general education as the state board may designate:

(A)

For teachers, a degree from an accredited college or university;

(B)

For administrators, qualification as a teac
her pursuant to subparagraph
(A) of this
paragraph
in addition to appropriate experience as a teacher and additional training in educational administration.

(ii)

In addition to paragraph (i) of this subsection, the state board shall by rule and regulation provide for:

(A)

Certification of teachers of the Arapahoe and Shoshon
e
language and in its discretion, the state board may make other exceptions as to both teachers and administrators it determines necessary and proper in special circumstances;

(B)

Temporary employment as instructors of persons with extensive training or experience in a particular discipline if a certified teacher is not available. Those instructors shall be monitored and supervised by certified personnel;

(C)

School district establishment of courses taught primarily by electronic transmission such as broadcast through satellites which do not require the presence of a teacher certified in the subject matter being taught by this alternative method.

(iii)

Providing that business instructors may instruct classes on economic systems and institutions.

(b)

The state board may enter into reciprocal agreements with other states for the purposes of granting certification pursuant to this section.

(c)

The state board may revoke or suspend certification for incompetency, conviction of a felony committed after July l, l996, immorality and other reprehensible conduct or gross neglect of duty, upon its own motion or upon the petition of any local board of trustees. Except as provided in subsection (h) of this section, no certificate shall be revoked or suspended without a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing.

(d)

The state board may establish reasonable fees for application and issuance of certification under this section and may require the payment of fees as a condition for issuing any certificate. The fees may include the costs associated with the criminal history background check required by paragraph (e)(ii) of this section. Fees collected by the state board pursuant to this subsection shall be deposited with the state treasurer. Upon receipt, the state treasurer shall credit the revenues to a separate account. Expenditures from the account shall be for expenses incurred by the state board in administering this section.

(e)

For all persons seeking initial certification under this section:

(i)

The applicant shall be required to verify under oath whether he has been convicted of a felony on or after July 1, 1996. The state board may deny certification of any applicant who has been convicted of a felony and may annul a certificate for misrepresentation by an applicant of his criminal history. Action by the state board to annul a certificate shall be taken following a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing;

(ii)

The applicant shall provide to the state board fingerprints and other information necessary for a criminal history record background check as provided in W.S. 7
‑
19
‑
201(a).

(f)

Any local school board dismissing or accepting the resignation of a person holding certification under this section shall notify the state board of the dismissal or resignation, if the dismissal or acceptance of the resignation was based in whole or in part upon the person's conviction of a felony.

(g)

For purposes of this section:

(i)

"Convicted" or "conviction" means an unvacated determination of guilt by any court having legal jurisdiction of the offense and from which no appeal is pending. Pleas of guilty and nolo contendere shall be deemed convictions for the purposes of this section. Dispositions pursuant to W.S. 7
‑
13
‑
301 or 35
‑
7
‑
1037 shall not be convictions for purposes of this section;

(ii)

"Felony" means a criminal offense for which the penalty authorized by law includes imprisonment in a state penal institution for more than one (1) year. "Felony" includes an offense committed in another jurisdiction which, if committed in this state, would constitute a felony as defined in this paragraph.

(h)

The board shall establish qualifications of persons teaching driver education in a public school in this state in accordance with W.S. 21
‑
7
‑
303(c).

(j)

Nothing in this section authorizes the state board to establish qualifications of persons exempt from certification requirements pursuant to W.S. 21
‑
7
‑
303(b).

(k)

Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

(m)

The state board shall require reporting of information from holders of certification and from certification applicants, and shall, through the department of education, maintain data consistent with standards established by the state superintendent.

Section 2.

W.S. 7
‑
19
‑
201(a)(iii), 21
‑
2
‑
202(a)(xvi) and (xxxi)(intro), 21
‑
2
‑
304(b) by creating a new paragraph (xvii), 21
‑
3
‑
308(h), 21
‑
7
‑
303(a), (b)(intro), (c) and (d), 21
‑
7
‑
401, 21
‑
7
‑
501(a)(intro), (b) and (d), 21
‑
7
‑
601(n), 21
‑
13
‑
309(m)(v)(D)(II) and (III), 31
‑
7
‑
108(a), 33
‑
1
‑
115(a)(ii)(C) and (iii),
33
‑
1
‑
202(a)(i) and (ii)(intro),
33
‑
27
‑
114(b), 33
‑
38
‑
103(a)(vii) and 33
‑
45
‑
107(c)(ii) are amended to read:

7
‑
19
‑
201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(iii)

Applicants for initial certification by the
professional teaching standards board

state board of education

and employees initially hired by a school district on or after July 1, 1996, who may have access to minors in the course of their employment;

21
‑
2
‑
202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(xvi)

Through the department of education, a
ssist the
Wyoming professional teaching standards board

state board of education

in the performance of its duties and responsibilities under
W.S.
21
‑
2
‑
801 and 21
‑
2
‑
802

21
‑
2
‑
308
, including providing
necessary personnel and support resources to the board and providing

information to the board upon request
. In addition, the state superintendent, through the department of education, shall support the data needs of the state board in executing W.S. 21
‑
2
‑
308
;

(xxxi)

By rule and regulation and in consultation with the state board of education
,

and the
Wyoming
professional teaching standards board
,

provide guidance and oversight of distance education by:

21
‑
2
‑
304.

Duties of the state board of education.

(b)

In addition to subsection (a) of this section and any other duties assigned to it by law, the state board shall:

(xvii)

Provide for the certification of teachers and other personnel as provided in W.S. 21
‑
2
‑
308, and otherwise implement provisions of W.S. 21
‑
2
‑
308. The state board shall
delegate ministerial
duties required under W.S. 21
‑
2
‑
308, including any necessary recording and maintenance of data, to the state department of education.

21
‑
3
‑
308.

Hearing by local board; prohibited actions by local board; criteria; compliance with state standards; state board review; contractual authority.

(h)

Those teachers employed on a full-time basis in the charter school system shall be subject to the same requirements with respect to certification by the
Wyoming
professional teaching standards

state

board under
W.S.
21
‑
2
‑
802

21
‑
2
‑
308

and other qualifications as any other teachers authorized to teach in
Wyoming
public schools.

21
‑
7
‑
303.

Certificate or permit required; exception.

(a)

Except as otherwise provided in subsection (b), (c) or (d) of this section, no person shall teach or supervise in a public school in this state and receive compensation therefor out of any public fund who at the time of rendering such services is not a holder of or a candidate and qualified for a certificate or permit issued or to be issued under the laws of this state and the rules and regulations of the
Wyoming professional teaching standards

state

board pursuant to
W.S.
21
‑
2
‑
802

21
‑
2
‑
308
.

(b)

Faculty members employed, even if for less than a calendar year, by any postsecondary education institution accredited by a regional accrediting agency may teach courses offered at a public high school in this state without holding or being qualified for a certificate or permit issued by the
Wyoming professional teaching standards

state

board and without meeting the requirements of W.S. 21
‑
7
‑
304 as provided in this subsection. A person teaching at a public school pursuant to this subsection shall teach only if the course is within the same subject area in which he instructs at the accredited postsecondary institution and:

(c)

In accordance with the provisions of this subsection, a person may teach driver education in a public school in this state without holding or being qualified for a certificate or permit issued by the
Wyoming
professional teaching standards

state

board and without meeting the requirements of W.S. 21
‑
7
‑
304. The
Wyoming
professional teaching standards

state

board shall by rule establish and maintain minimum standards for a permit for that employment which shall be applicable only as provided in this subsection. A person employed by a school district to teach driver education in a public school in this state, shall not be employed for more than three (3) consecutive school years in any period beginning after July 1, 1997, unless the person has met the requirements of the
professional teaching standards

state

board for a permit to teach driver education.

(d)

A person may be employed as superintendent of schools by any district board of trustees without holding or being qualified for certification by the
Wyoming
professional teaching standards

state

board pursuant to
W.S.
21
‑
2
‑
802

21
‑
2
‑
308
. A person who has not qualified for certification pursuant to
W.S.
21
‑
2
‑
802

21
‑
2
‑
308

shall be required to comply with
W.S.
21
‑
2
‑
802(e)

21
‑
2
‑
308(e)
prior to being employed by any district board as a superintendent of schools.

21
‑
7
‑
401.

Boards of trustees to require criminal history background information.

The board of trustees of each school district within the state shall require any employee initially hired by the school board on or after July 1, 1996, who may have access to minors to submit to fingerprinting for the purpose of obtaining state or national criminal history record information before employment. The provisions of this section shall not apply to persons certificated under
W.S.
21-2-802

21
‑
2
‑
308(e)

who have met the requirements of this section pursuant to the certification process.

21
‑
7
‑
501.

National certification incentive; certification fee reimbursement; consultants and mentors; certified teacher pay incentive reimbursement.

(a)

The
professional teaching standards

state

board shall by rule establish a program under which school districts shall reimburse no more than fifty (50) teachers and certified or licensed service providers employed by Wyoming school districts the actual cost of receiving national certification, not to exceed the national certification fee established by the national board for professional teaching standards for the applicable year certification was received, provided:

(b)

Upon verification by the
professional teaching standards

state

board that national certification is complete, the district which employs the teacher or service provider shall subject to the limit imposed under subsection (a) of this section, reimburse the teacher or service provider for the actual cost of the national certification fee.

(d)

Teachers who accept reimbursement for their national certification costs under subsection (b) of this section shall serve as a mentor, under the supervision of the
professional teaching standards

state

board, for at least one (1) other teacher employed in the state of Wyoming through the national certification process. Teachers who accept reimbursement may also consent to be a consultant with local education agencies on staff development programs. Districts requesting consultation for staff development shall pay the consultant fees involved. No fee shall be charged for teachers seeking their own national certification.

21
‑
7
‑
601.

Wyoming
teacher shortage loan repayment program; eligibility criteria; procedures; program reporting.

(n)

The community college commission shall annually review the loan program established under this section and report to the governor and the legislature in accordance with W.S. 9
‑
2
‑
1014, regarding program results, funds received and loans issued during the preceding academic year, together with the status of all outstanding loan commitments and repayments under the program. The report required under this subsection shall include information submitted by the
professional teaching standards

state
board regarding the impact of the program on identified teacher shortage areas and recommendations for modifications to the program, including funding levels, to address other identified teacher shortage areas.

21
‑
13
‑
309.

Determination of amount to be included in foundation program for each district.

(m)

In determining the amount to be included in the foundation program for each district, the state superintendent shall:

(v)

Based upon ADM computations and identified school configurations within each district pursuant to paragraph (iv) of this subsection, compute the foundation program amount for each district as prescribed by the education resource block grant model adopted by the Wyoming legislature as defined under W.S. 21
‑
13
‑
103(a)(xiv), as contained within the spreadsheets and accompanying reports referenced under W.S. 21
‑
13
‑
101(a)(xvii) and (xviii) and on file with the secretary of state pursuant to W.S. 21
‑
13
‑
101(c). The following criteria shall be used by the state superintendent in the administration of the education resource block grant model:

(D)

Vocational education computations within the education resource block grant model shall be based upon:

(II)

Career-vocational education programs offered in grades nine (9) through twelve (12) consisting of a sequence of three (3) or more vocational courses in an occupational area or career cluster that provides students with the technical knowledge, skills or proficiencies necessary to obtain employment in current or emerging occupations or to pursue advanced skill training. To qualify under this subdivision, a vocational course shall be offered pursuant to W.S. 21
‑
9
‑
101(b)(i)(J) and aligned with state content and performance standards prescribed by the state board of education under W.S. 21
‑
2
‑
304(a)(iii), and except as provided under W.S. 21
‑
2
‑
202(a)(xxvii), shall be provided by a teacher certified by the
Wyoming professional teaching standards

state

board for the vocational subject area associated with the course;

(III)

The number of full-time equivalent (FTE) vocational education teachers within the school, as computed in accordance with guidelines prescribed by the department, providing career-vocational education instruction in grades nine (9) through twelve (12) and except as provided under W.S. 21
‑
2
‑
202(a)(xxvii), certified by the
Wyoming professional teaching standards

state

board to provide instruction at the high school level for vocational education courses comprising career-vocational education programs. Nothing in this subdivision shall require a district to employ teachers certified for high school vocational education instruction on a full-time basis or to require teachers to teach only high school vocational education courses on a full-time basis.

31
‑
7
‑
108.

Persons not to be licensed; investigation by the division.

(a)

No driver's license shall be issued to any person who is under the age of seventeen (17) years, except as provided in W.S. 31
‑
7
‑
110 and 31
‑
7
‑
117(c), or unless the person is at least sixteen (16) years of age and has held an intermediate permit pursuant to W.S. 31
‑
7
‑
110(g) or a similar permit from another jurisdiction for six (6) months and has completed a drivers education course approved by the appropriate school district, or taught by a person qualified as a driving instructor pursuant to
W.S.
21
‑
2
‑
802(h)

21
‑
2
‑
308(h)
, as evidenced by a passing grade or certificate.

33
‑
1
‑
115.

Professional assistance programs for health care providers and others as specified; confidentiality of records.

(a)

As used in this section:

(ii)

"Licensee" means:

(C)

Any individual teaching in a public school pursuant to a certificate or permit issued under the laws of this state by the
Wyoming
professional teaching standards

state

board

of education
.

(iii)

"Professional assistance program" or "program" means a program or activity relating to drug or alcohol abuse prevention, referral, treatment or rehabilitation, which is directly or indirectly assisted by a board or commission or other organization established under this title for the regulation of licensees or the Wyoming state bar or the
Wyoming professional teaching standards board established
state board of education
under W.S.
21
‑
2
‑
801

21
‑
2
‑
308
.

33
‑
1
‑
202.

Disposition of fees and interest.

(a)

Except as otherwise specifically provided by sta
t
ute:

(i)

All fees and monies received and collected by the boards or commissions under this title and under W.S. 11
‑
25
‑
105(d),
21
‑
2
‑
802(d)

21
‑
2
‑
308(d)

and 23
‑
2
‑
414(d) shall be deposited into the state treasury and credited to each board's or commission's respective account as created by statute;

(ii)

The interest on all fees and monies co
l
lected by the boards or commissions under this title and under W.S. 11
‑
25
‑
105(d),
21
‑
2
‑
802(d)

21
‑
2
‑
308(d)
and
23
‑
2
‑
414(d) shall be credited as follows:

33
‑
27
‑
114.

Exemptions.

(b)

Individuals who have been certified as school psychologists by the
Wyoming
professional teaching standards

state

board
of education

shall be permitted to use the terms "school psychologist" or "certified school psychologist" within the school setting. Those persons shall be restricted in their practice to employment within schools and educational institutions and those settings under the purview of the
professional teaching standards

state

board
of education

unless they are also licensed under this act or licensed under W.S. 33
‑
38
‑
101 through 33
‑
38
‑
110.

33
‑
38
‑
103.

Exemptions.

(a)

Nothing in this act shall be construed to apply to the activities and services of:

(vii)

School social workers and school counselors certified
under

by

the
professional teaching standards

state

board
of education

when employed by local school districts.

33
‑
45
‑
107.

Licenses required; persons and practices not affected.

(c)

Nothing in this chapter shall prevent or restrict the practices, services or activities of:

(ii)

Any person employed by a school district in this state and holding a coaching endorsement issued by the
professional teaching standards

state

board

of education under W.S. 21
‑
2
‑
308
;

Section 3.

W.S. 9
‑
2
‑
2008(e)(xxiii), 21
‑
2
‑
801 and 21
‑
2
‑
802 are repealed.

Section 4.

(
a
)

The terms of office of
appointed professional teaching standards board
members
serving
under W.S. 21
‑
2
‑
801
prior to the effective date of this
act
expire effective June 30, 2011.

(b)

All property, equipment, supplies and personnel of the professional teaching standards board shall be transferred to the state board of education effective July 1, 2011.

(c)

The validity of rules, regulations, contracts, agreements or other obligations of the professional teaching standards board existing on or before the effective date of this act are not affected by this act and shall be designated as rules, regulations, contracts, agreements or obligations of the state board of education effective July 1, 2011.

Section 5.

This act is effective July 1, 2011.

(END)

1
SF0130