Interpretation's Date: April 29, 2008
by superintendent Steven L. Paine
Section: V. Personnel
SubSection: B. Principals, Supervisors, and Central Office Administrators
M E M O R A N D U M
To: County Test Coordinators
From: Jan Barth, Executive Director Office of Assessment and Accountability
Re: Allowing Substitute, and/or Alternate and Permit Employees to Administer the
Date: April 29, 2008
You raised several questions at the County Test Coordinator Meeting, March 24-25, 2008, that required a legal opinion from the West Virginia Department of Education concerning who qualifies as a "currently employed educator" under Policy 2340. Please find the legal opinion below: ____________________________________________
1. May a substitute, short-term or long-term, administer WESTEST and WESTEST 2 Field Test?
Answer: Yes. Substitutes on a county's approved substitute list meet the definition of an examiner, because they possess a valid West Virginia teaching license and are considered to be currently employed with a county.
2. May a staff member with an alternative or temporary certification administer WESTEST and WESTEST 2 Field Test?
Answer: Yes. Staff members with an alternative certification or a temporary certificate still meet the definition of an examiner.
3. May a student teacher administer WESTEST and WESTEST 2 Field Test?
Answer: No. A student teacher does not possess a valid West Virginia teaching license.
Policy 2340, --126-14-3. Definitions. 3.12 sets forth who may be an "examiner:"
3.12. Examiner. An examiner must be a currently employed educator and/or an approved employee of the state, county or RESA, or an educator of a private or parochial school with a valid West Virginia teaching license who has been trained and has signed an Examiner's/Scribe's/Proctor's Secure Materials and Test Procedures Agreement for the purpose of administering or assisting with the administration of an assessment included in the WV-MAP.
The Department's legal department opines that all categories referenced in the definition must have a valid West Virginia teaching license: Currently employed educators, approved employee of the state, county or RESA, or an educator in a private or parochial school. If this requirement, along with the training requirements, has been met, these groups of individuals may administer the WV-MAP assessments.
Those holding either short-term or long-term substitute permits are considered educators who are licensed to teach. See Policy 5202, Paragraph 11.5, 126CSR136. Similarly, those holding alternative certifications or temporary certificates under Policy 5202, Paragraphs 5.2 and 5.3, possess a valid teaching certification.
Using this framework, student teachers do not possess a valid West Virginia teaching certificate and therefore cannot administer the WV-MAP assessments.
I hope this memorandum provides legal clarification that will assist you in making decisions about who may assess your students. West Virginia Department of Education will revise Policy 2340 this summer to include these clarifications. If you have other questions, please refer to Policy 2340 or call us at 304-558-2546. _________________________________________ It is important to emphasize that all currently employed educators must be trained prior to test administration. All examiners must sign Examiner's/Proctor's/Scribe's Secure Materials and Test Procedures Agreements on file at the school.