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Committee Substitute House Bill 4336 History

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Committee Substitute

for

H. B. 4336

(By Delegates Marcum, White, M. Poling,Ferro, Pethtel, Perry, Moore, Reynolds, Caputo, Pino and Barrett)

 

         [Originating in the Committee on Education.]

(February 4, 2014)

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40, relating to state control of county schools and school systems; limiting duration of state board intervention in operation of schools and school systems; requiring certain actions, oversight and support during periods of intervention; recommendations for return of control; and limiting subsequent intervention for certain period; providing exception if public hearing held; and requiring certain continued support.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-2-40, to read as follows:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-40. State control of county boards of education; improvement              by state board; time tables; public hearing.

    (a) The state board may not pursuant to section five, article two-e of this chapter, intervene in the operation of a county school system or directly in the operation of a school for a period of more than five consecutive years. At the end of the five-year period, the state board shall relinquish control of the school system or school to the county board.

    (b) During an intervention in the operation of a county school system or school, the state school board shall require the county board to be actively involved in the intervention and improvement process to assure sustained success of any deficient school system or school and to build governance capacity. At a minimum, the county board shall be required to work in tandem with the county superintendent to gather, analyze and interpret data, write time-specific goals to correct deficiencies, prepare and implement action plans and allocate or request from the state board of education the resources, including board development training and coaching, necessary to achieve and sustain approved goals subject to the following:

    (1) The goals and action plans shall be approved by the state board;

    (2) The state superintendent shall maintain oversight and provide assistance and feedback to the county board;

    (3) The county board shall attend governance education and development activities identified and coordinated by the West Virginia School Board Association based on the state board approved effectiveness standards;

    (4) The West Virginia School Board Association shall complete a board training needs analysis and seek approval for the board development activities through the Training Standards Review Committee of the state board;

    (5) Support for governance education and development activities for the county board and school improvement, leadership and student performance activities for schools shall be made available through the state superintendent, regional education service agencies, Center for Professional Development, West Virginia School Board Association, Office of Education Performance Audits and West Virginia Education Information System; and

    (6) Readiness of the county board of education to accept and sustain the return of control of the system or school from the state board shall be recommended to the state board by the state superintendent in consultation with and upon the recommendation of the West Virginia School Board Association and the Office of Education Performance Audits supported by documented evidence that the county has met the goals and objectives for compliance.

    (c) Once control of the school system or school has been returned to the county board, the state board may not intervene again for a minimum of three years unless the state board holds a public hearing in the affected county in compliance with the open governmental procedures act in article nine-a, chapter six of this code so that the concerns of the citizens of that county may be heard. The full membership of the county board shall be requested to attend the public hearing. Support for governance education and development shall continue during this three-year period as needed for any new members elected to the county board.



    This section is new; therefore, it has been completely underscored.

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