W. Va. Code R. § 126-136-14 - [Effective 1/11/2025] Waivers and Extensions

14.1. Substitute waivers may be approved for a county superintendent who is unable to fill a long-term substitute position with a person licensed in the area of assignment through a waiver request from the State Superintendent. A written waiver request must include the efforts to employ a fully qualified candidate and copies of the job postings showing two different posting periods. In instances where the employee of record will, or may, return to the position, submission of the job postings is not required. The State Superintendent may approve the waiver if the circumstances warrant approval. However, the county superintendent is required to continue seeking the employment of an educator with the appropriate endorsement(s) to fill the position at a time determined to be in the best interest of the students.

14.2. Severe Substitute Shortage. Under extenuating circumstances, a county superintendent may request a waiver of the requirements in section 11.10.a.2.A, section 11.10.a.4.a, or section 11.10.b.2.A that require 18 clock hours of training to be completed prior to the issuance of a substitute permit. The waiver request must document the shortage and include verification of six clock hours of training. The initial six clock hours of training must include a classroom management component; and an overview of school law that includes, but is not limited to, reporting requirements for suspected child abuse; and beginning July 1, 2021, completion of trauma-informed best practices. Classroom observation is prohibited from being included to meet the clock hour requirement. The remaining 12 clock hours of training must be completed during the first semester of employment and in accordance with section 11.9.

14.3. Dual Credit Contracted Services Exemption. An instructional employee of an accredited IHE who is not regularly employed for instructional purposes in a public school in this State (W. Va. Code § 18-1-1) and is providing a dual credit course is exempt from the requirement of holding the same licensure required for an educator employed by a county board of education.

14.4. Extension of Professional Certificates for Extenuating Circumstances. A county superintendent may request, in writing to the State Superintendent, an extension of a Professional Certificate for an employee, including the county superintendent, who meets one of the circumstances identified in section 14.5.

14.5. Issuance and Extension of the Full-Time Permit/Out-of-Field Authorization of Extenuating Circumstances. A county superintendent may request, in writing to the State Superintendent, an extension of the First-Class/Full-Time Permit/Out-of-Field Authorization for an employee, including the county superintendent, who meets one of the circumstances established in section 14.5.a. The State Superintendent may approve any request that does not extend the employee's permit or authorization beyond one school year more than once.

14.5.a. Extenuating Circumstances qualifying a First-Class/Full-Time Permit/Out-of-Field Authorization for issuance or extension.

14.5.a.1. Unavailability of Coursework. The county superintendent shall submit documentation from the designated official at the IHE through which the candidate is completing the state-approved program verifying that none of the required coursework was available during the school year;

14.5.a.2. Illness/Death. The county superintendent shall submit the candidate's explanation of how the candidate's major illness or death of an immediate family member prevented them from completing the required coursework; or,

14.5.a.3. Hardship. The county superintendent shall submit the candidate's explanation of how another major hardship prevented the candidate from completing the required coursework.

Notes

W. Va. Code R. § 126-136-14