(a) [Repealed.]
(b) The Board shall prescribe rules and regulations and establish criteria for the certification, selection, and appointment of teachers, supervisors, principals, librarians and other professionals of the Department of Education. Certificates licensing the holders to teach in the public schools of the Virgin Islands shall be issued solely by the Board. Only persons to whom these certifications have been issued may be considered by the Joint Board of Education for the eligible list. The Commissioner shall prescribe rules and regulations subject to the approval of the Board and the Governor for the determination of salaries (subject to Schedule III in Title 3, section 551, VIC).
(c) All appointments under this section shall be subject to the approval of the Governor, and, except as otherwise may be provided in this chapter, no person shall be appointed, employed or permitted to teach in the public schools of the Virgin Islands unless he or she is at least 18 years of age, is a resident of the United States Virgin Islands, and holds a license as provided in this section; provided, however, qualified nonresidents may be granted temporary appointments in areas in which qualified residents are not available. For purposes of this subsection; the word “resident” means any United States citizen or the holder of an alien registration receipt card (United States Department of Justice Form No. 1–151) who is domiciled in the Virgin Islands.
(d) Notwithstanding any other provision of this section, the Department of Education is authorized to employ auxiliary or paraprofessional personnel, including teacher's assistance, instructional aides and student teachers, for the purpose of assisting professional personnel in such duties and services described by rules and regulations issued by the Commissioner with the approval of the Board and the Governor.
(e) Not later than April 15th of each calendar year, all teachers and educational personnel appointed pursuant to this section shall sign a declaration as to whether they will or will not be available for service in the ensuing year. Any teacher or educational personnel who indicates on or before April 15th that he will return, but subsequently changes his mind, must notify the Commissioner of Education by July 15th of that year. The failure to make such notification will be regarded as a confirmation of the April 15th declaration of availability for service.
(f) Any teacher or educational personnel who takes unauthorized leave during the course of the school year for five (5) or more consecutive working days shall be subject to immediate dismissal.
(g) There shall be established a Virgin Islands Teacher Proficiency Exam.
(h)
(1) The Department of Education shall hold regular examinations not less frequently than semiannually for the admission to teach. The examination shall have a written and oral component, and shall cover such subjects as the Department of Education prescribes, which, in accordance with accepted teaching standards, are sufficient for the proper evaluation of an applicant's qualification to practice teaching.
(2) Candidates for admission to practice teaching shall be required to attain an overall average as determined by the Department of Education on the subjects on which they are examined. No applicant shall be granted an appointment to teach who does not pass the proficiency examination, provided, however, that the provisions of this section may be waived by the Department of Education for temporary or emergency appointments made under section 123 of this chapter, or when it is determined that the applicant has met the equivalency requirements under section 122 of this chapter.
(i) Every school-based professional appointed to the Virgin Islands Public School System, shall be required by the Commissioner of Education to successfully complete a course in Virgin Islands history and culture within the first year of service. Failure to successfully complete such a course shall be cause for dismissal.
(j) Notwithstanding any other provisions of law to the contrary, no person hired to teach in the public schools of the Virgin Islands shall be deemed to have attained tenure or permanent employment status until such person has obtained teacher certification status and shall have taught for three consecutive school years in the public schools of the Virgin Islands; provided that no person tenured on the date of enactment of the act adding this subsection shall lose their tenure due to the enactment of this subsection.