ENROLLED
H. B. 4669
(By Delegates Shaver, D. Walker, Lawrence, Canterbury, Shott,
Sumner, Smith, Stowers, Rodighiero, Ireland and RowanSPONSOR)
[Passed March 11, 2010; in effect ninety days from passage.]
AN ACT to amend Bill Titlethe code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5B-10,
relating to granting exceptions to certain statutes to
innovation zone plans approved by state board; specifying
scope, limitations and conditions on exceptions granted. Title Language
Be it enacted by the Legislature of West Virginia:
That Enacting Sectionthe code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-5B-10, to read as
follows:
ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.
§18-5B-10. Exceptions to statutes granted to innovation zones;
limitations.
(a) The Legislature hereby grants an exception to the
statute or statutes indicated for the following schools pursuant
to and for the purposes enumerated in their innovation zone plans
approved by the state board at its meeting on the date specified.
The grant of an exception to a statute means that the school or schools granted the exception may implement the actions as
specifically described in their approved innovation zone plan
notwithstanding the provisions of the statute from which they are
specifically excepted. These exceptions are limited to the
purposes as specifically described in the plan approved on the
date indicated and are expressly repealed for any plan
modification or plan implementation which changes those purposes.
However, nothing in this section prohibits a school or schools
with an approved innovation zone plan from requesting plan
modifications, subject to approval of the state board, and if the
modifications change the purposes for which an exception to a
statute was granted, the state board shall request an exception
to achieve the new purposes in the manner provided in section
five of this article for requesting exceptions to a statute. If
the approved innovation zone plan of a school or schools is
withdrawn by the state board, or the innovation zone designation
of a school or schools is revoked by the state board, the
exception granted to that school or those schools is expressly
repealed.
(b) The following exceptions are granted:
(1) Piedmont Elementary School, Kanawha County, is excepted
from subsection (3), section fourteen, article four, chapter
eighteen-a of this code for the purpose of allowing specialist
teachers to take their planning period before and after school totaling one hour, three days per week, and from section
eighteen-a, article five of this chapter for the purpose of
permitting a number of students in music and physical education
classes in excess of the class size limits to provide the time
and structure for teams to meet in professional learning
communities, which purposes are as more specifically described in
the school's innovation zone plan approved by the state board on
January 13, 2010;
(2) Putnam County High Schools Consortium comprised of
Buffalo High School, Hurricane High School, Poca High School,
Winfield High School and Putnam Career & Technical Center, Putnam
County, is excepted from section forty-five, article five of this
chapter only to the extent necessary for the purpose of
establishing a structured transition program for freshman only
one day prior to the beginning of the regular instructional term,
and for the purpose of permitting the creation of not more than
three hours each month during the school term of structured,
regularly scheduled time for all teachers to work in professional
learning communities, which purposes are as more specifically
described in the schools' innovation zone plan approved by the
state board on January 13, 2010;
(3) Nellis Elementary School, Boone County, is excepted from
subsection (a), section two, article five-a of this chapter, for
the purpose of expanding the membership of its local school improvement council, which purpose is as more specifically
described in the school's innovation zone plan approved by the
state board on January 13, 2010; and
(4) Cabell County Secondary School Consortium comprised of
Cabell County Career Technical Center, Cabell Midland High School
and Huntington High School, Cabell County, is excepted from
sections one and one-a, article eight of this chapter for the
purpose of raising the compulsory school attendance age to
eighteen years old, and from section two-b, article three,
chapter eighteen-a of this code for the purpose of providing a
customized high quality beginning teacher induction program
developed at the county level, which purposes are as more
specifically described in the schools' innovation zone plan
approved by the state board on January 13, 2010.