WEST virginia Legislature
2017 regular session
Introduced
House Bill 2524
By Delegates Espinosa, Upson, Blair, Statler, Nelson E., Shott, Howell, Ellington, Overington, Wilson and Householder
[Introduced February 16,
2017; Referred
to the Committee on Education then Finance.]
A BILL to repeal §10-5-2a of the Code of West Virginia, 1931, as amended; to repeal §18-2I-3 of said code; to repeal §18A-3-2d of said code; to repeal §18A-3A-1, §18A-3A-2 and §18A-3A-2b of said code; to repeal §18B-1-5a, §18B-11-4 and §18B-11-6 of said code; to amend and reenact §4-13-2 of said code; to amend and reenact §5-26A-3 of said code; to amend and reenact §5B-2C-6 of said code; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §18-2I-1, §18-2I-2 and §18-2I-4 of said code; to amend and reenact §18-10A-1, §18-10A-2, §18-10A-3, §18-10A-6a and §18-10A-12 of said code; to amend and reenact §18-10K-2, §18-10K-5 and §18-10K-6 of said code; to amend and reenact §18-30-4 of said code; to amend and reenact §18A-2-9 of said code; to amend and reenact §18A-3-1, §18A-3-1d, §18A-3-2c and §18A-3-8 of said code; to amend and reenact §18A-3C-1, §18A-3C-2 and §18A-3C-3 of said code; to amend and reenact §18B-1B-2 of said code; to amend and reenact §18B-3D-2 of said code; to amend and reenact §18B-5-2a of said code; to amend and reenact §18B-16-5 and §18B-16-8 of said code; to amend and reenact §18B-18B-1 of said code; and to amend and reenact §29-24-3 and §29-24-5 of said code, all relating to improving the focus on school-level continuous improvement processes led by the principal and eliminating administrative offices, duplicative programs and obsolete provisions; repealing provisions related to creation and duties of distance learning coordinating council; repealing provisions related to annual state board professional development master plan; repealing provisions related to beginning principal internships; repealing provisions related to center for professional development and principals academy curriculum; repealing provisions related to center for development professional development project; repealing provisions related to principals academy establishment, mission, required attendance and employment of coordinator; repealing provisions related to pilot program of delivering educational services via distance learning; repealing provisions related to creation of depositories for assistive devices and services at two colleges or universities; modifying membership of sesquicentennial of American Civil War Commission; modifying membership of commission for national and community service; removing Department of Education and Arts as option of Academy of Science and Technology for annual report technical assistance; eliminating Department of Education and the Arts as executive department headed by secretary; transferring Library Commission to Department of Administration; transferring Division of Culture and History to Department of Commerce; making educational broadcasting an independent agency within executive branch; transferring division of vocational rehabilitation to Department of Health and Human Resources; removing salary of secretary of education and the arts; modifying scope and goals of the system for coordination and delivery of professional development to be instituted by state board; modifying legislative findings with respect to professional development; eliminating requirement for state board master plan for professional development; requiring state board rule to include process for aggregating school and system strategic plan information to assist design and delivery of professional development; replacing references to education and the arts in the rehabilitation services related statutes; modifying membership of Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board; transferring fund administration to Department of Health and Human Resources; modifying membership of college prepaid tuition and savings program board; including instructional leadership among the responsibilities of principals and requiring course work in instructional leadership and related topics as prerequisite for administrative certification; moving education and training in evaluation skills from precertification requirement to preemployment as principal, assistant or administrator required to conduct evaluations; deleting provisions of section that provided that nothing was to be construed to limit rights and privileges of principals and assistant principals as teachers; removing requirement for state board consultation with Secretary of Education and Arts and chancellor prior to exercise of authority over education and authorizing cooperation with regional education service agencies for selected phases of preparation programs and expenditure of funds; removing provisions related to required training and professional development of principals through principals academy; adding instructional leadership and management techniques to required minimum standards for principals rule; requiring county staff development councils to base proposals for staff development on analysis of individual and collective need indicated in school’s strategic plans; incorporating principals development in the provisions for a comprehensive system to improve teaching and learning; making legislative finding that professional development resources must be focused rather than increased; removing obsolete provisions related to phased implementation of provisions related to professional personnel evaluations; eliminating requirement for five percent of evaluations to be based on state summative assessment and increasing percent based on evidence of student learning by five percent; incorporating principals into the comprehensive system of support for improved professional performance; requiring deficiencies identified through personnel evaluations to be incorporated in strategic plans for continuous improvement; modifying membership of Higher Education Policy Commission; modifying membership of workforce development initiative program advisory committee; modifying process for approval of transfers of amounts between items of appropriation or special accounts; updating agency references and removing Secretary of Education and the Arts with respect to rural health initiative; modifying membership of science and research council; and transferring technology-related assistance revolving loan fund for individuals with disabilities to jurisdiction of secretary of health and human resources.
Be it enacted by the Legislature of West Virginia:
That §10-5-2a of the Code of West Virginia, 1931, as amended; be repealed; that §18-2I-3 of said code be repealed; that §18A-3-2d of said code be repealed; that §18A-3A-1, §18A-3A-2 and §18A-3A-2b of said code be repealed; that §18B-1-5a, §18B-11-4 and §18B-11-6 of said code be repealed; that §4-13-2 of said code be amended and reenacted; that §5-26A-3 of said code be amended and reenacted; that §5B-2C-6 of said code be amended and reenacted; that §5F-1-2 of said code be amended and reenacted; that §5F-2-1 of said code be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §18-2I-1, §18-2I-2 and §18-2I-4 of said code be amended and reenacted; that §18-10A-1, §18-10A-2, §18-10A-3, §18-10A-6a and §18-10A-12 of said code be amended and reenacted; that §18-10K-2, §18-10K-5 and §18-10K-6 of said code be amended and reenacted; that §18-30-4 of said code be amended and reenacted; that §18A-2-9 of said code be amended and reenacted; that §18A-3-1, §18A-3-1d, §18A-3-2c and §18A-3-8 of said code be amended and reenacted; that §18A-3C-1, §18A-3C-2 and §18A-3C-3 of said code be amended and reenacted; that §18B-1B-2 of said code be amended and reenacted; that §18B-3D-2 of said code be amended and reenacted; that §18B-5-2a of said code be amended and reenacted; that §18B-16-5 and §18B-16-8 of said code be amended and reenacted; that §18B-18B-1 of said code be amended and reenacted; and that §29-24-3 and §29-24-5 of said code be amended and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 13. WEST VIRGINIA SESQUICENTENNIAL OF THE AMERICAN CIVIL WAR COMMISSION AND FUND.
§4-13-2. Membership; terms; filling vacancies; election of chair and vice chair.
(a) The Governor shall appoint eleven members as follows:
(1) Three academic historians;
(2) The Secretary of the
Department of Education and the Arts The State Superintendent of
Schools, or a designee;
(3) One representative of the Division of Culture and History;
(4) One representative of the Division of Tourism;
(5) Five citizens members, no more than one of whom may be from any one state senatorial district;
(6) One member of the House of Delegates, to be appointed by the Speaker of the House of Delegates, who shall serve as an ex officio nonvoting member of the commission; and
(7) One member of the Senate, to be appointed by the President of the Senate, who shall serve as an ex officio nonvoting member of the commission.
(b) The members shall serve until July 1, 2021.
(c) Appointments to fill vacancies shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
(d) The commission shall elect a chair and a vice chair from among its members.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.
§5-26A-3. Members.
(a) The West Virginia commission for national and community service shall have no fewer than fifteen and no more than twenty-five voting members to be appointed by the Governor.
(b) The voting membership of the West Virginia commission for national and community service shall include:
(1) At least one individual with expertise in the educational and developmental needs of the state's disadvantaged youth;
(2) At least one individual with experience in promoting the involvement of older adults in national or community service and volunteer programs;
(3) A representative of a community-based agency operating within the state;
(4) The secretary of the
Department of Education and arts created pursuant to section two, article one,
chapter five-f of this code or a designee
(5) (4) The State Superintendent of Schools or a
designee;
(6) (5) A representative of a county or municipal
government;
(7) (6) A representative of a local labor
organization;
(8) (7) A representative of a for-profit business
operating within the state; and
(9) (8) An individual whose age is between the age
of sixteen years and twenty-five years, inclusive, who has been, or remains, a
participant or a supervisor in a volunteer or service program.
(c) The membership of the West Virginia Commission for National and Community Service shall include a representative of the corporation for national and community service who shall serve as a member in a nonvoting, ex officio capacity.
(d) No more than twenty-five percent of the voting membership of the West Virginia commission for national and community service may be individuals who are employed by the state or its agencies, except that the membership may include additional employees of the state or its agencies in a nonvoting, ex officio capacity.
(e) No member of the West Virginia Commission for National and Community Service may vote on an issue affecting organizations for which the member has served as a staff person or as a volunteer at any time during the twelve-month period before the member's appointment to the commission.
(f) No more than fifty percent plus one of the members of the West Virginia Commission for National and Community Service may be members of the same political party.
(g) To the extent possible, the membership of the West Virginia Commission for National and Community Service shall reflect the diversity of the state's population.
(h) Members of the West Virginia Commission for National and Community Service who were appointed under the executive order of the Governor entered on January 28, 1994, shall continue as members of the commission for a term of three years, except that the Governor shall designate eight members who shall serve for a term of two years and shall also designate an additional eight members who shall serve for a term of one year. Additional appointments by the Governor under the provisions of this section and appointments by the Governor upon the expiration of a member's term shall be made for a term of three years. Appointments of members by the Governor to serve for an unexpired term shall be for the remainder of the unexpired term. Members may be reappointed.
(i) The voting members of the West Virginia Commission for National and Community Service shall annually elect a voting member to serve as the chair of the commission.
(j) The members of the West Virginia Commission for National and Community Service shall meet at the call of the chair, who shall be obligated to call a meeting at the request of a simple majority of the members or as necessary to ensure that the members have met at least twice in each calendar year of the commission's operation.
(k) The members of the West Virginia Commission for National and Community Service shall serve without compensation, except that the members of the commission who are not state employees shall be reimbursed for their actual and necessary expenses incurred in discharging their duties and responsibilities as members of the commission.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2C. WEST VIRGINIA ACADEMY OF SCIENCE AND TECHNOLOGY.
§5B-2C-6. Periodic reports.
(a) The academy will prepare and produce an annual report on the state of science and technology in West Virginia and submit it to the Governor, the Speaker of the House of Delegates, the President of the Senate and the joint commission on economic development or before July 1, of each year. The report shall address all aspects of research, development and commercialization that the academy council deems material, including, but not limited to:
(1) Strengths, weaknesses, opportunities and threats to West Virginia's research, development and commercialization environment and establishments;
(2) Options for actions by the Legislature and the Governor to maximize the ability of the state to attract investment, grants and infrastructure development to support growth of science and technology research, development and commercialization in the state;
(3) The status of, and options to improve, scientific and technological entrepreneurship in West Virginia; and
(4) The status of, and options to improve, the collaboration of institutions of higher education in obtaining competitive research awards and grants.
(b) In preparing its annual
report, the council may utilize the technical support available to it through
the West Virginia Development Office, the West Virginia department for
education and arts the West Virginia Experimental Program to Stimulate Competitive
Research (EPSCoR), the West Virginia higher education system, federal and state
agencies and other entities that have an interest in fostering science and
technology research, development and commercialization in this state.
(c) Each month, an academy representative shall meet with legislative and executive leaders to provide updates and information concerning opportunities, issues and progress of science, technology and commercialization in the state.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
ARTICLE 1. GENERAL PROVISIONS.
§5F-1-2. Executive departments created; offices of secretary created.
(a) There are created, within the executive branch of the state government, the following departments:
(1) Department of Administration;
(2) Department of
Education and the Arts;
(3) (2) Department of Environmental Protection;
(4) (3) Department of Health and Human Resources;
(5) (4) Department of Military Affairs and Public
Safety;
(6) (5) Department of Revenue;
(7) (6) Department of Transportation;
(8) (7) Department of Commerce; and
(9) (8) Effective July 1, 2011, Department of
Veterans' Assistance.
(b) Each department will be headed by a secretary appointed by the Governor with the advice and consent of the Senate. Each secretary serves at the will and pleasure of the Governor.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public
Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code; and
(13) Library Commission provided in article one, chapter ten of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code.
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code.
(3) The West Virginia Development Office provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis.
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(9) Division of Tourism Commission provided in article two-h, chapter five-b of this code; and
(10) Division of Culture and History provided in article one, chapter twenty-nine of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) The Educational Broadcasting Authority provided in article five, chapter ten of this code is an independent agency within the executive branch.
(e) (f) The following agencies and boards,
including all of the allied, advisory and affiliated entities, are transferred
to the Department of Environmental Protection for purposes of administrative
support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following
agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are
incorporated in and administered as a part of the Department of Education and
the Arts:
(1) Library Commission
provided in article one, chapter ten of this code;
(2) Division of Culture
and History provided in article one, chapter twenty-nine of this code; and
(3) Division of
Rehabilitation Services provided in article ten-a, chapter eighteen of this
code.
(g) The Educational
Broadcasting Authority provided in article five, chapter ten of this code is
part of the Department of Education and the Arts for the purposes of
administrative support and liaison with the office of the Governor.
(h) (g)The following agencies and boards, including
all of the allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and administered as a
part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission
provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code; and
(9) Division of Rehabilitation Services provided in article ten-a, chapter eighteen of this code.
(i) (h) The following agencies and boards,
including all of the allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and administered as a
part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine-a, chapter fifteen of this code;
(8) Division of Corrections provided in chapter twenty-five of this code;
(9) Fire Commission provided in article three, chapter twenty-nine of this code;
(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code; and
(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code.
(j) (i) The following agencies and boards,
including all of the allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and administered as a
part of the Department of Revenue:
(1) Tax Division provided in chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(k) (j) The following agencies and boards,
including all of the allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and administered as a
part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code.
(l) (k) Effective July 1, 2011, the Veterans'
Council provided in article one, chapter nine-a of this code, including all of
the allied, advisory, affiliated or related entities and funds associated with
it, is incorporated in and administered as a part of the Department of Veterans'
Assistance.
(m) (l) Except for powers, authority and duties
that have been delegated to the secretaries of the departments by the
provisions of section two of this article, the position of administrator and
the powers, authority and duties of each administrator and agency are not
affected by the enactment of this chapter.
(n) (m) Except for powers, authority and duties
that have been delegated to the secretaries of the departments by the
provisions of section two of this article, the existence, powers, authority and
duties of boards and the membership, terms and qualifications of members of the
boards are not affected by the enactment of this chapter. All boards that are
appellate bodies or are independent decision makers shall not have their
appellate or independent decision-making status affected by the enactment of
this chapter.
(o) (n) Any department previously transferred to
and incorporated in a department by prior enactment of this section means a
division of the appropriate department. Wherever reference is made to any
department transferred to and incorporated in a department created in section
two, article one of this chapter, the reference means a division of the
appropriate department and any reference to a division of a department so
transferred and incorporated means a section of the appropriate division of the
department.
(p) (o) When an agency, board or commission is
transferred under a bureau or agency other than a department headed by a
secretary pursuant to this section, that transfer is solely for purposes of
administrative support and liaison with the Office of the Governor, a
department secretary or a bureau. Nothing in this section extends the powers of
department secretaries under section two of this article to any person other
than a department secretary and nothing limits or abridges the statutory powers
and duties of statutory commissioners or officers pursuant to this code.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of officers.
(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
The annual salary of each named appointive state officer is as follows:
Commissioner, Division of
Highways, $92,500; Commissioner, Division of Corrections, $80,000; Director,
Division of Natural Resources, $75,000; Superintendent, State Police, $85,000;
Commissioner, Division of Banking, $75,000; Commissioner, Division of Culture
and History, $65,000; Commissioner, Alcohol Beverage Control Commission,
$75,000; Commissioner, Division of Motor Vehicles, $75,000; Chairman, Health
Care Authority, $80,000; members, Health Care Authority, $70,000; Director,
Human Rights Commission, $55,000; Commissioner, Division of Labor, $70,000;
prior to July 1, 2011, Director, Division of Veterans Affairs, $65,000;
Chairperson, Board of Parole, $55,000; members, Board of Parole, $50,000;
members, Employment Security Review Board, $17,000; and Commissioner, Workforce
West Virginia, $75,000. Secretaries of the departments shall be paid an annual
salary as follows: Health and Human Resources, $95,000: Provided, That
effective July 1, 2013, the Secretary of the Department of Health and Human
Resources shall be paid an annual salary not to exceed $175,000;
Transportation, $95,000: Provided, however, That if the same person is
serving as both the Secretary of Transportation and the Commissioner of
Highways, he or she shall be paid $120,000; Revenue, $95,000; Military Affairs
and Public Safety, $95,000; Administration, $95,000; Education and the Arts,
$95,000 Commerce, $95,000; Veterans' Assistance, $95,000; and Environmental
Protection,$95,000: Provided further, That any officer specified in this
subsection whose salary is increased by more than $5,000 as a result of the
amendment and reenactment of this section during the 2011 regular session of
the Legislature shall be paid the salary increase in increments of $5,000 per
fiscal year beginning July 1, 2011, up to the maximum salary provided in this
subsection.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and shall be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, $80,000; Director, Division of Rehabilitation Services, $70,000; Director, Division of Personnel, $70,000; Executive Director, Educational Broadcasting Authority, $75,000; Secretary, Library Commission, $72,000; Director, Geological and Economic Survey, $75,000; Executive Director, Prosecuting Attorneys Institute, $80,000; Executive Director, Public Defender Services, $70,000; Commissioner, Bureau of Senior Services, $75,000; Executive Director, Women's Commission, $45,000; Director, Hospital Finance Authority, $35,000; member, Racing Commission, $12,000; Chairman, Public Service Commission, $85,000; members, Public Service Commission, $85,000; Director, Division of Forestry, $75,000; Director, Division of Juvenile Services, $80,000; and Executive Director, Regional Jail and Correctional Facility Authority, $80,000.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
The annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, $92,500; Insurance Commissioner, $92,500; Director, Lottery Commission, $92,500; Director, Division of Homeland Security and Emergency Management, $65,000; and Adjutant General, $125,000.
(d) No increase in the salary of any appointive state officer pursuant to this section may be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
CHAPTER 18. EDUCATION.
ARTICLE 2I. STAte-level leadership for professional development system.
§18-2I-1. Legislative
purpose Professional development coordination and delivery;
system goals.
The purpose of this article
is to establish clear state-level leadership for professional development for
all West Virginia public school educators and administrators. As the state institution
charged with the general supervision of the state school system, the state
board shall institute a system for the coordination and delivery of
high-quality professional development. The system shall clearly define the
goals for professional development and delineate roles and responsibilities among
the various state and regional professional development providers of the
various state, regional, school district and individual school levels for the
delivery of high-quality professional development. The state board shall
include among the goals for the system of professional development the
following:
(1) The instructional leadership skills of principals are developed to ensure that each school is led by a principal who is knowledgeable of continuous improvement processes and capable of leading effective improvement efforts. The principal also must understand the value of fair and accurate personnel performance evaluations as an effective, continuous improvement effort to drive professional learning at the school level;
(2) Professional development is among the array of supports and processes necessary under a performance-based accreditation system to build the capacity of schools to impact student performance and well-being by increasing staff individual and collective skills, competencies and abilities. It should be based on a thorough analysis of accountability data and strategic planning for continuous improvement that addresses those areas that must be a priority for individual school support, including an analysis personnel evaluation data in order to target individualized professional learning at the school level;
(3) The school is the unit of change. Local, regional, and state resources, policies and procedures must focus on assisting the improvement of each West Virginia school and on differentiating supports according to need and level of performance, including the implementation of school-based professional development programs that address the unique needs of staff and students; and
(4) Professional development should be delivered using techniques, school schedules or time in a manner that does not diminish student learning by the absence of their classroom teacher.
§18-2I-2. Legislative findings.
The Legislature finds:
(1) That high-quality professional development is critical in supporting improved practice, assuring teacher quality and raising student achievement;
(2) That professional development is vital in the state's overall school improvement efforts;
(3) That the state board should
shall assure the efficient delivery of high-quality professional
development programs and assure that the duplication of efforts
be minimized; and
(4) That the state board shall assure all stakeholders are appropriately involved in the
planning and implementing of programs to meet requisite needs and that
high-quality professional development programs be provided to public school
educators of West Virginia in the most efficient and cost effective manner; and
(4) It should be the
goal that professional development occur outside of scheduled instructional
time so student learning is not interrupted by the absence of their classroom
teacher.
(5) That continuous improvement is the on-going process of planning, determining, implementing and refining efforts to improve student performance and well-being. It is the collective staff process of analyzing student performance data, studying current school and classroom practices, determining root causes, researching solutions and implementing processes outlined in the school’s strategic plan; and
(6) That the capacity for excellence resides in every school. Schools are responsible for creating school-wide and classroom conditions that produce student success. Every school needs quality leadership and the flexibility and support to make the decisions that will lead to the achievement of all students.
§18-2I-4. Coordination, development and evaluation of professional development programs.
(a) On or before June 1,
2013 June 1, 2017, the state board shall promulgate an emergency
rule in accordance with article three-b, chapter twenty-nine of this code to
ensure the coordination, development and evaluation of high-quality
professional development programs. On or before November 1, 2013 November
1, 2017, the state board shall promulgate a legislative rule for the same
purpose. The rules shall include, but are not limited to, the following:
(1) Standards for quality
professional development that all professional development providers shall use
in designing, implementing and evaluating professional development shall become
part of the statewide professional development plan system for the
coordinated delivery of high-quality professional development established by
the state board;
(2) Processes for aggregating information, in part from school and school district strategic plans, to determine areas of common need for professional development, as well as those more varied, to assist in the design of the most effective and efficient method and level of delivery;
(2) (3) Processes for assuring professional
development resources are appropriately allocated to identified areas of need;
(3) Processes for
approval by state board of all professional development plans/offerings;
(4) Processes for evaluating the effectiveness, efficiency, and impact of the professional development;
(5) Processes for ensuring all stakeholders, including affected principals and classroom teachers, have a voice in the identification of needed professional development and various delivery models;
(6) Processes for
collaboration among West Virginia Department of Education, Center for
Professional Development RESAs, county boards and classroom teachers; and
(7) Processes for ensuring that the expertise and experience of state institutions of higher education with teacher preparation programs are included in developing and implementing professional development programs.
(b) The state board
approval of the proposed professional development plans/offerings shall
establish a Master Plan for Professional Development which shall be submitted
by the state board to the affected agencies and to the Legislative Oversight
Commission on Education Accountability. The Master Plan shall include the state
board-approved plans for professional development by the state Department of
Education, the Center for Professional Development, the state institutions of
higher education and the regional educational service agencies to meet the
professional development goals of the state board
(b) The state board shall submit a status report
on or before December 1 of each year on the professional development needs
and the effectiveness, efficiency and impact of the statewide
professional development plan programs delivered to the Legislative
Oversight Commission on Education Accountability.
ARTICLE 10A. REHABILITATION SERVICES.
§18-10A-1. Definitions.
As used in this article and article ten-b:
(1) "State board"
means the Secretary of the Department of Education and the arts Health
and Human Resources, or where required by federal law, the board, commission
or council designated by the Secretary of the Department of Education and
the arts Health and Human Resources to oversee certain functions of the Division of
Rehabilitation Services. All references in this code to the state board of
vocational education, except where the context clearly indicates the provision
of vocational education to other than disabled individuals, shall mean
the state board defined by this subsection.
(2) "Division" means the division of vocational rehabilitation established by this article.
(3) "Director" means the director of the division of vocational rehabilitation.
(4) "Employment handicap" means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in, an obstruction to occupational performance.
(5) "Disabled individual" means any person who has a substantial employment handicap.
(6) "Vocational rehabilitation" and "vocational rehabilitation services" means any services, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his or her employment handicap and to enable him or her to engage in a remunerative occupation including, but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, attendant care services, physical restoration, transportation, occupational licenses, occupational tools and equipment, including motor vehicles, maintenance, and training books and materials.
(7) "Rehabilitation training" means all necessary training provided to a disabled individual to compensate for his or her employment handicap including, but not limited to, manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities.
(8) "Physical restoration" means any medical, surgical or therapeutic treatment necessary to correct or substantially reduce a disabled individual's employment handicap within a reasonable length of time including, but not limited to, medical, psychiatric, dental and surgical treatment, nursing services, hospital care not to exceed ninety days, convalescent home care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory conditions.
(9) "Prosthetic appliance" means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) "Occupational licenses" means any license, permit or other written authority required by any governmental unit to be obtained in order to engage in an occupation.
(11) "Maintenance" means money payments not exceeding the estimated cost of subsistence during vocational rehabilitation.
(12)
"Regulations" means regulations made by the director with the
approval of the secretary of the Department of Education and the arts
Health and Human Resources or the state board.
(13) "Attendant care evaluation unit" means any agency certified by the division of vocational rehabilitation that employs a qualified evaluator to provide evaluations and attendant referrals such as the centers for independent living, the West Virginia Rehabilitation Center and any other unit approved by the division.
(14) "Attendant care services" means services which include, but are not limited to:
(a) Routine bodily functions such as bowel and bladder care;
(b) Dressing;
(c) Ambulation;
(d) Meal preparation and consumption;
(e) Assistance in moving in and out of bed;
(f) Bathing and grooming;
(g) Housecleaning and laundry; and
(h) Any other similar activity of daily living.
(15) "Attendant" means a self-employed individual who is trained to perform attendant care services and who works as an independent contractor.
§18-10A-2. Division of rehabilitation services.
(a) The Division of
Rehabilitation Services is transferred to the Department of Education and
the arts Health and Human Resources created in article one, chapter
five-f of this code. The secretary shall appoint any such board,
commission or council over the division to the extent required by federal law
to qualify for federal funds for providing rehabilitation services for disabled
persons. The secretary and such the boards, commissions or
councils as he or she is required by federal law to appoint are authorized and
directed to cooperate with the federal government to the fullest extent in an
effort to provide rehabilitation services for disabled persons.
(b) References in this
article or article ten-b of this chapter to the state Board of Vocational
Education, the state Board of Rehabilitation or the state board as the
governing board of vocational or other rehabilitation services or facilities
mean the Secretary of Education and the Arts Health and Human
Resources. All references in the code to the Division of Vocational
Rehabilitation mean the Division of Rehabilitation Services and all references
to the Director of the Division of Vocational Rehabilitation means the Director
of the Division of Rehabilitation Services.
§18-10A-3. Director of division of vocational rehabilitation; powers and duties.
The division shall be
administered, under the general supervision and direction of the Secretary of
the Department of Education and the arts Health and Human Resources
or, if required by federal law his or her designated state board, by a director
appointed by said the secretary, or if required by federal law
his or her designated state board in accordance with established personnel
standards and on the basis of his or her education, training, experience and
demonstrated ability.
In carrying out his or her duties under this article, the director shall:
(1) Appoint such personnel
as he or she deems considers necessary for the efficient
performance of the functions of the division.
(2) Establish a merit
system of personnel management, or in lieu thereof, avail himself or herself of
the services of the state merit system upon payment of a fair share of the
expenses of the operation of such the system.
(3) Make regulations governing the protection of records and confidential information; the manner and form of filing applications for vocational rehabilitation services, eligibility therefor, and investigation and determination thereof; procedures for fair hearings; and such other matters as may be necessary or desirable in accomplishing the purposes of this article.
(4) Have the authority to
establish and operate a staff development program for the employees of the
division and may, in furtherance of such a program, and utilizing any funds
appropriated or made available, for such purpose, pay to such the
employees compensation or expenses, or both, while such the employees
are pursuing approved training courses or academic studies for the purpose of
becoming better equipped for their employment in such the
division; such the staff development program shall be conducted
subject to appropriate rules as adopted by the director and approved by the
state board: Provided, That such these rules shall include
reasonable provisions for the return of any employee, receiving the benefits of
such training, for a reasonable period of duty, or for reimbursement to the
state for expenditures incurred on behalf of the training of such employee.
(5) Establish appropriate subordinate administrative units within the division.
(6) Prepare and submit to
the Secretary of the Department of Education and the arts Health and
Human Resources or his or her designated state board annual reports of
activities and expenditures and, prior to each regular session of the
Legislature, estimates of sums required for carrying out the provisions of this
article and estimates of the amounts to be made available for this purpose from
all sources.
(7) Make requisition for disbursement, in accordance with regulations of the funds available for vocational rehabilitation purposes.
(8) Take such other action
as may be deemed determined necessary or appropriate to carry out
the purposes of this article.
§18-10A-6a. West Virginia rehabilitation services special account; expenditures.
(a) There is hereby established in the State Treasury a separate account which shall be designated the "West Virginia rehabilitation services special account". The director of rehabilitation services shall deposit promptly into the account all fees received for services provided by the West Virginia Rehabilitation Center from whatever source, including the federal government, state government or from other third-party payers or personal payments.
(b) A five-year West
Virginia rehabilitation services long-range plan shall be developed by the
director and shall be adopted by the Secretary of education and the arts
Health and Human Resources. The West Virginia rehabilitation services'
long-range plan shall be updated and revised at least every two years.
(c) The director is
authorized to may expend the moneys deposited in the West Virginia Rehabilitation
Services Special Account in accordance with federal laws and regulations and
with the laws of this state as is necessary for the development of the
five-year long-range plan and subsequent revisions.
(d) The director is
authorized to may expend the moneys deposited in the West Virginia Rehabilitation
Services Special Account as provided in the long-range plan at such times and
in such amounts as the director determines necessary for the purpose of
maintaining or improving the delivery of rehabilitation services: Provided,
That during the budget preparation period which occurs prior to the convening
of the Legislature, the director shall submit for inclusion in the executive
budget document and budget bill his or her recommended capital
expenditures, recommended priorities, estimated costs and request for
appropriations for maintaining or improving the delivery of vocational
rehabilitation services.
(e) The director shall make an annual report to the Legislature on the status of the West Virginia Rehabilitation Services Special Account, including the previous year's expenditures and projected expenditures for the next year.
§18-10A-12. Vocational evaluation and work adjustment program for disadvantaged individuals.
The division, under the
direction of any federally mandated board, commission or council appointed by
the Secretary of the Department of Education and the arts Health and
Human Resources, is authorized and directed to cooperate with the federal
government in providing vocational evaluation and work adjustment services to
disadvantaged individuals.
"Vocational evaluation and work adjustment services" include, as appropriate in each case, such services as:
(a) A preliminary diagnostic study to determine that the individual is disadvantaged, has an employment handicap, and that services are needed;
(b) A thorough diagnostic study consisting of a comprehensive evaluation of pertinent medical, psychological, vocational, educational, cultural, social, and environmental factors which bear on the individual's handicap to employment and rehabilitation potential including, to the degree needed, an evaluation of the individual's personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities, and other pertinent data helpful in determining the nature and scope of services needed;
(c) Services to appraise the individual's patterns of work behavior and ability to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns suitable for successful job performance, including the utilization of work, simulated or real, to assess and develop the individual's capacities to perform adequately in a work environment;
(d) Any other goods or services provided to a disadvantaged individual, determined (in accordance with regulations of the federal government) to be necessary for, and which are provided for the purpose of, ascertaining the nature of the handicap to employment and whether it may reasonably be expected the individual can benefit from vocational rehabilitation services or other services available to disadvantaged individuals;
(e) Outreach, referral, and advocacy; and
(f) The administration of these evaluation and work adjustment services.
As used in this section, the term "disadvantaged individuals" means: (1) Disabled individuals as defined in subdivision (5), section one of this article; (2) individuals disadvantaged by reason of their youth or advanced age, low educational attainments, ethnic or cultural factors, prison or delinquency records, or other conditions which constitute a barrier to employment; and (3) other members of their families when the provision of vocational rehabilitation services to family members is necessary for the rehabilitation of the individual described in subdivision (1) or (2) above.
ARTICLE 10K. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND ACT.
§18-10K-2. Board created, membership, terms, officers and staff.
(a) There is hereby established the West Virginia traumatic brain and spinal cord injury rehabilitation fund board.
(b) The board shall consist of twenty-three members. The members shall include:
(1) The secretary of the
Department of Education and the arts, ex officio, or his or her designee;
(2) (1) The Secretary of Department of Health and Human
Resources, ex officio, or his or her designee;
(3) (2) The State Superintendent of Schools, ex
officio, or his or her designee;
(4) (3) The Secretary of the Department of
Military Affairs and Public Safety, ex officio, or his or her designee;
(5) (4) The director of the bureau of behavioral
health within the Department of Health and Human Resources, ex officio, or his
or her designee;
(6) (5) The director of the Division of
Rehabilitation Services, ex officio, or his or her designee;
(7) (6) The director of the bureau of medical
services, ex officio, or his or her designee;
(8) (7) The director of the Office of Emergency
Services, ex officio, or his or her designee;
(9) (8) The executive director of the workers'
compensation commission, ex officio, or his or her designee;
(10) (9) Seven Eight members
appointed by the Governor to represent public and private health organizations
or other disability coalitions or advisory groups; and
(11) (10) Seven members appointed by the Governor
who are either survivors of traumatic brain or spinal cord injury or family
members of persons with traumatic brain or spinal cord injury.
(c) The citizen members shall be appointed by the Governor for terms of three years, except that of the members first appointed, two of the representatives of public and nonprofit private health organizations, disability coalitions or advisory groups and two of the representatives of survivors or family members of persons with traumatic brain or spinal cord injuries shall serve for terms of one year, two of the representatives of each of those respective groups shall serve for terms of two years and the remaining three representatives of each of those respective groups shall serve for terms of three years. All subsequent appointments shall be for three years. Members shall serve until the expiration of the term for which they have been appointed or until their successors have been appointed and qualified. In the event of a vacancy, the Governor shall appoint a qualified person to serve for the unexpired term. No member may serve more than two consecutive three-year terms. State officers or employees may be appointed to the board unless otherwise prohibited by law.
(d) In the event If
a board member fails to attend more than twenty-five percent of the scheduled
meetings in a twelve-month period, the board may, after written notification to
that member and the secretary of education and the arts Health and
Human Resources, request in writing that the Governor remove the member and
appoint a new member to serve his or her unexpired term.
(e) The board shall elect
from its membership a chairperson, treasurer and secretary as well as any other
officer as appropriate. The term of the chairperson is for two years in
duration and he or she cannot may not serve more than two
consecutive terms.
§18-10K-5. Fund created; administration of fund; administrative fees; fund use.
(a) There is created in the State Treasury a special revenue account to be known as the "West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund" which is under the jurisdiction of the Division of Rehabilitation Services. The West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund is subject to the annual appropriation of funds by the Legislature. The West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund.
(b) All moneys collected, received and deposited into the State Treasury and credited to the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund shall be expended by the board exclusively in accordance with the uses and criteria set forth in this article. Expenditures from this fund for any other purposes are void.
(c) The fund shall be
administered by the Division of Rehabilitation Services under the Department of
Education and the arts Health and Human Resources. The Division
of Rehabilitation Services may retain an amount not to exceed ten percent per
annum of the balance of the fund to cover any costs of administration of the
fund.
(d) Nothing in this article may be construed to mandate funding for the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund or to require any appropriation by the Legislature.
(e) Moneys in the fund shall be used to pay for services that will increase opportunities for and enhance the achievement of functional independence, and a return to a productive lifestyle for individuals who have suffered a traumatic brain injury or a spinal cord injury.
(f) Services that are eligible for payment by the fund shall include, but not be limited to:
(1) Case management;
(2) Rehabilitative therapies and services;
(3) Attendant care;
(4) Home accessibility modifications;
(5) Equipment necessary for activities; and
(6) Family support services.
(g) Funds shall be expended according to the priorities and criteria for disbursement established by the board under section six of this article.
§18-10K-6. Criteria and priorities for use of fund.
(a) The board shall
establish priorities and criteria for the disbursement of moneys in the fund.
When the board determines that additional services should be eligible for
payments from the fund, the chairman shall provide written notice to the
Division of Rehabilitation Services in the Department of Education and the
arts directing that those services be eligible for payment by the fund.
(b) The board shall investigate the needs of citizens with traumatic brain injuries and spinal cord injuries, identify the gaps in services to these citizens, and issue an annual report to the Legislature each year with recommendations for meeting the identified needs, improving coordination of services and summarizing its actions during the preceding year.
(c) Moneys expended for services described under section five of this article shall be as a payer of last resort and only for citizens of this state. An individual shall use comparable benefits and services that are available prior to the expenditure of moneys available to that individual through the fund.
ARTICLE 30. WEST VIRGINIA COLLEGE PREPAID TUITION AND SAVINGS PROGRAM ACT.
§18-30-4. Creation of program; board; members; terms; compensation; proceedings generally.
(a) The West Virginia college prepaid tuition and savings program is continued. The program consists of a prepaid tuition plan and a savings plan.
(b) The board of the college prepaid tuition and savings program is continued and all powers, rights and responsibilities of the board of trustees of the prepaid tuition trust fund are vested in the board of the college prepaid tuition and savings program.
(c) The board consists of nine members and includes the following:
(1) The secretary of
education and the arts, or his or her designee;
(2) (1) The State Treasurer, or his or her
designee;
(3) (2) Two representatives A
representative of the Higher Education Policy Commission, who may or may
not be members a member of the Higher Education Policy
Commission, appointed by the commission who serve as voting members serves
as a voting member of the board, one of whom shall represent the
interests of the universities of West Virginia and the state colleges and one
of whom shall represent the interests of community and technical colleges of
West Virginia;
(4) (3) Five Six other members,
appointed by the Governor, with knowledge, skill and experience in an academic,
business or financial field to be appointed as follows:
(A) Two Three
private citizens not employed by, or an officer of, the state or any political
subdivision of the state;
(B) One member representing the interests of private institutions of higher education located in this state appointed from one or more nominees of the West Virginia association of private colleges; and
(C) Two members representing the public.
(d) The public members and the member representing the interests of private institutions of higher education are appointed by the Governor with the advice and consent of the Senate.
(e) Only state residents are eligible for appointment to the board.
(f) Members appointed by
the Governor serve a term of five years and are eligible for reappointment at
the expiration of their terms. In the event of If there is a
vacancy among appointed members, the Governor shall appoint a person
representing the same interests to fill the unexpired term.
(g) Members of the board serve until the later of the expiration of the term for which the member was appointed or the appointment of a successor. Members of the board serve without compensation. The treasurer may pay all expenses, including travel expenses, actually incurred by board members in the conduct of their official duties. Expense payments are made from the college prepaid tuition and savings program administrative account, and are made at the same rate paid to state employees.
(h) The treasurer may provide support staff and office space for the board.
(i) The treasurer is the chairman and presiding officer of the board, and may appoint the employees the board considers advisable or necessary. A majority of the members of the board constitute a quorum for the transaction of the business of the board.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-9. Duties and responsibilities of school principals; assistant principals.
(a) Upon the recommendation of the county superintendent
of schools, the county board of education shall employ and assign, through
written contract, public school principals who shall be the principal
instructional leader of the school and shall supervise the management and
the operation of the school or schools to which they are assigned to improve
student performance and progress. Such The principals shall
hold valid administrative certificates appropriate for their assignments.
(b) Beginning on July 1, 1994 July 1, 2018,
the prerequisites for issuance of an administrative certificate for principals
shall include that the person has successfully completed at least six credit
hours of approved course work in public school instructional leadership and
management techniques at an accredited institution of higher education, including,
but not limited to, the standards for high quality schools, the school
accreditation process and strategic planning for continuous improvement. And
(c) Prior to employment
as a principal or assistant principal, or in another administrative position
the duties of which require conducting personnel performance evaluations, the
principal, assistant or administrator
has successfully completed education and training in evaluation skills through
the center for professional development, or equivalent education and training
in evaluation skills approved by the state board.
(d) Under the supervision of the superintendent and in accordance with the rules and regulations of the county board of education, the principal
(1) Shall assume administrative and instructional supervisory
leadership responsibility for the planning, management, operation and
evaluation of the total educational program of the school or schools to which he
or she is assigned.
(2) The principal May submit recommendations to
the superintendent regarding the appointment, assignment, promotion, transfer
and dismissal of all personnel assigned to the school or schools under said
principal's control. Such The recommendations shall be submitted in
writing as prescribed by the superintendent; and
(3) The principal Shall perform such other duties
as may be assigned by the superintendent pursuant to the rules and regulations
of the county board of education.
(e) Upon recommendation of the county superintendent of schools, the county board of education shall, when needed, employ and assign, through written contract, assistant principals who shall work under the direction of the school principal. Such assistant principals shall hold valid administrative certificates appropriate for their assignments.
(f) On or before July 1, 1989, and continuing
thereafter The assignment of principals and assistant principals
by each county board of education shall
assign is subject to the following:
(1) A certificated principal shall be assigned to
each school; and no
(2) A principal may not be assigned more than two
schools: Provided, That where enrollment exceeds four hundred
students there will be
(3) No additional schools may be assigned to that
the principal of a school where enrollment exceeds four hundred
students.
(4) No A principal assigned to more than
one school may not be assigned any teaching duties except on a temporary
emergency basis. No county shall have more teaching principalships or
multischool principalships than was present on January 1, 1988
On or before July 1,
1993, and continuing thereafter, each county board of education shall employ a
full-time supervising
(5) A principal shall be assigned full-time at each
school whose net enrollment equals or exceeds one hundred seventy students A
principal assigned to a school with a net enrollment equal to or greater than
one hundred seventy students and may not be assigned any teaching
duties except on a temporary emergency basis.
(6) When A principal assigned on a full-time basis
to a school whose net enrollment is more than seventy-five students but less
than one hundred seventy students such principal shall have a minimum of
twenty hours per week for nonteaching duties.
(7) A principal assigned on a full-time basis to a school
with seventy-five students or less shall have a minimum of ten hours per week
for nonteaching duties. Provided, That
(8) Nothing in this section prohibits a county board of
education from assigning a full-time supervising principal to a school
with a net enrollment of less than one hundred seventy students.
Nothing contained in
this section shall be construed to reduce or limit the rights and privileges of
principals and assistant principals as teachers under the provisions of section
one, article one, chapter eighteen of the Code of West Virginia as amended;
section one, article one, chapter eighteen-a; and other provisions of this
code: Provided, That on or before July 1, 1993, the State Board of
Education shall not deny a county board of education the right to place a
principal in a school with less than one hundred seventy students.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
§18A-3-1. Teacher preparation programs; program approval and standards; authority to issue teaching certificates.
(a) The education of
professional educators in the state is under the general direction and control
of the state board. after consultation with the Secretary of Education and
the Arts and the Chancellor for Higher Education who shall represent the
interests of educator preparation programs within the institutions of higher
education in this state as defined in section two, article one, chapter
eighteen-b of this code
The education of professional educators in the state includes all programs leading to certification to teach or serve in the public schools. The programs include the following:
(1) Programs in all institutions of higher education, including student teaching and teacher-in-residence programs as provided in this section;
(2) Beginning teacher induction programs;
(3) Granting West Virginia certification to persons who received their preparation to teach outside the boundaries of this state, except as provided in subsection (b) of this section;
(4) Alternative preparation programs in this state leading to certification, including programs established pursuant to the provisions of sections one-a, one-b, one-c, one-d, one-e, one-f, one-g, one-h and one-i of this article and programs which are in effect on the effective date of this section; and
(5) Continuing professional education, professional development and in-service training programs for professional educators employed in the public schools in the state.
(b) After consultation
with the Secretary of Education and the Arts and the Chancellor for Higher
Education The state board shall adopt standards for the education of
professional educators in the state and for awarding certificates valid in the
public schools of this state. The standards include, but are not limited to the
following:
(1) A provision for the study of multicultural education. As used in this section, multicultural education means the study of the pluralistic nature of American society including its values, institutions, organizations, groups, status positions and social roles;
(2) A provision for the study of classroom management techniques, including methods of effective management of disruptive behavior including societal factors and their impact on student behavior; and
(3) A teacher from another state shall be awarded a teaching certificate for a comparable grade level and subject area valid in the public schools of this state, subject to section ten of this article, if he or she has met the following requirements:
(A) Holds a valid teaching certificate or a certificate of eligibility issued by another state;
(B) Has graduated from an educator preparation program at a regionally accredited institution of higher education or from another educator preparation program;
(C) Possesses the minimum of a bachelor's degree; and
(D) Meets all of the requirements of the state for full certification except employment.
(c) The state board may enter into an agreement with county boards for the use of the public schools in order to give prospective teachers the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.
(d) An agreement established pursuant to subsection (c) of this section shall recognize student teaching as a joint responsibility of the educator preparation institution and the cooperating public schools. The agreement shall include the following items:
(1) The minimum qualifications for the employment of public school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising;
(2) The remuneration to be paid to public school teachers by the state board, in addition to their contractual salaries, for supervising student teachers;
(3) Minimum standards to guarantee the adequacy of the facilities and program of the public school selected for student teaching;
(4) Assurance that the student teacher, under the direction and supervision of the supervising teacher, shall exercise the authority of a substitute teacher;
(5) A provision requiring any higher education institution with an educator preparation program to document that the student teacher's field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification; and
(6) A provision authorizing a school or school district that has implemented a comprehensive beginning teacher induction program, to enter into an agreement that provides for the training and supervision of student teachers consistent with the educational objectives of this subsection by using an alternate structure implemented for the support, supervision and mentoring of beginning teachers. The agreement is in lieu of any specific provisions of this subsection and is subject to the approval of the state board.
(e) Teacher-in-residence programs. --
(1) In lieu of the provisions of subsections (c) and (d) of this section and subject to approval of the state board, an institution of higher education with a program for the education of professional educators in the state approved by the state board may enter into an agreement with county boards for the use of teacher-in-residence programs in the public schools.
(2) A "teacher-in-residence program" means an intensively supervised and mentored residency program for prospective teachers during their senior year that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.
(3) The authorization for the higher education institution and the county board to implement a teacher-in-residence program is subject to state board approval. The provisions of the agreement include, but are not limited to, the following items:
(A) A requirement that the prospective teacher in a teacher-in-residence program has completed all other preparation courses and has passed the appropriate basic skills and subject matter test or tests required by the state board for teachers to become certified in the area for which licensure is sought;
(B) A requirement that the teacher-in-residence serve only in a teaching position in the county which has been posted and for which no other teacher fully certified for the position has been employed;
(C) Specifics regarding the program of instruction for the teacher-in-residence setting forth the responsibilities for supervision and mentoring by the higher education institution's educator preparation program, the school principal, and peer teachers and mentors, and the responsibilities for the formal instruction or professional development necessary for the teacher-in-residence to perfect his or her professional practice skills. The program also may include other instructional items as considered appropriate.
(D) A requirement that the teacher-in-residence hold a teacher-in-residence permit qualifying the individual to teach in his or her assigned position as the teacher of record;
(E) A requirement that the salary and benefit costs for the position to which the teacher-in-residence is assigned shall be used only for program support and to pay a stipend to the teacher-in-residence as specified in the agreement, subject to the following:
(i) The teacher-in-residence is a student enrolled in the teacher preparation program of the institution of higher education and is not a regularly employed employee of the county board;
(ii) The teacher-in-residence is included on the certified list of employees of the county eligible for state aid funding the same as an employee of the county at the appropriate level based on their permit and level of experience;
(iii) All state-aid-funding due to the county board for the teacher-in-residence shall be used only in accordance with the agreement with the institution of higher education for support of the program as provided in the agreement, including costs associated with instruction and supervision as set forth in paragraph (C) of this subdivision;
(iv) The teacher-in-residence is provided the same liability insurance coverage as other employees; and
(v) All state aid funding due to the county for the teacher-in-residence and not required for support of the program shall be paid as a stipend to the teacher-in-residence: Provided, That the stipend paid to the teacher-in-residence shall be no less than sixty-five percent of all state aid funding due the county for the teacher-in-residence.
(F) Other provisions that may be required by the state board.
(f) In lieu of the student teaching experience in a public school setting required by this section, an institution of higher education may provide an alternate student teaching experience in a nonpublic school setting if the institution of higher education meets the following criteria:
(1) Complies with the provisions of this section;
(2) Has a state board approved educator preparation program; and
(3) Enters into an agreement pursuant to subdivisions (g) and (h) of this section.
(g) At the discretion of the higher education institution, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall require one of the following:
(1) The student teacher shall complete at least one half of the clinical experience in a public school; or
(2) The educator preparation program shall include a requirement that any student performing student teaching in a nonpublic school shall complete the following:
(A) At least two hundred clock hours of field-based training in a public school; and
(B) A course, which is a component of the institution's state board approved educator preparation program, that provides information to prospective teachers equivalent to the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the public schools in West Virginia. The course also shall include instruction on at least the following elements:
(i) State board policy and provisions of this code governing public education;
(ii) Requirements for federal and state accountability, including the mandatory reporting of child abuse;
(iii) Federal and state mandated curriculum and assessment requirements, including multicultural education, safe schools and student code of conduct;
(iv) Federal and state regulations for the instruction of exceptional students as defined by the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and
(v) Varied approaches for effective instruction for students who are at-risk.
(h) In addition to the requirements set forth in subsection (g) of this section, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall include the following:
(1) A requirement that the higher education institution with an educator preparation program shall document that the student teacher's field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification; and
(2) The minimum qualifications for the employment of school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising.
(i) The state
superintendent may issue certificates as provided in section two-a of this
article to graduates of educator preparation programs and alternative educator
preparation programs approved by the state board. The certificates are issued
in accordance with this section and rules adopted by the state board. after
consultation with the Secretary of Education and the Arts and the Chancellor
for Higher Education
(1) A certificate to teach may be granted only to a person who meets the following criteria:
(A) Is a citizen of the United States, except as provided in subdivision (2) of this subsection;
(B) Is of good moral character;
(C) Is physically, mentally and emotionally qualified to perform the duties of a teacher; and
(D) Is at least eighteen years of age on or before October 1 of the year in which his or her certificate is issued.
(2) A permit to teach in the public schools of this state may be granted to a person who is an exchange teacher from a foreign country or an alien person who meets the requirements to teach.
(j) In consultation with
the Secretary of Education and the Arts and the Chancellor for Higher Education
Institutions of higher education approved for educator preparation may
cooperate with each other, with the center for professional development and
with one or more county boards and with one or more regional education service
agencies to organize and operate
centers to provide selected phases of the educator preparation program. The
phases include, but are not limited to the following:
(1) Student teaching and teacher-in-residence programs;
(2) Beginning teacher induction programs;
(3) Instruction in methodology; and
(4) Seminar programs for college students, teachers with provisional certification, professional support team members and supervising teachers.
By mutual agreement, the
institutions of higher education, the center for professional development
and county boards and regional education service agencies may budget
and expend funds to operate the centers through payments to the appropriate
fiscal office of the participating institutions, the center for professional
development and the county boards and regional education service
agencies.
(k) The provisions of this section do not require discontinuation of an existing student teacher training center or school which meets the standards of the state board.
(l) All institutions of higher education approved for educator preparation in the 1962-63 school year continue to hold that distinction so long as they meet the minimum standards for educator preparation. Nothing in this section infringes upon the rights granted to any institution by charter given according to law previous to the adoption of this code.
(m) Definitions. -- For the purposes of this section, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(1) "Nonpublic school" means a private school, parochial school, church school, school operated by a religious order or other nonpublic school that elects to meet the following conditions:
(A) Comply with the provisions of article twenty-eight, chapter eighteen of this code;
(B) Participate on a voluntary basis in a state operated or state sponsored program provided to this type school pursuant to this section; and
(C) Comply with the provisions of this section;
(2) "At-risk" means a student who has the potential for academic failure, including, but not limited to, the risk of dropping out of school, involvement in delinquent activity or poverty as indicated by free or reduced lunch status; and
(3) "Exceptional child" or "exceptional children" has the meaning ascribed to these terms pursuant to section one, article twenty, chapter eighteen of this code, but, as used in this section, the terms do not include gifted students.
§18A-3-1d. Alternative program rules; necessary contents.
(a) Alternative program rules. –
(1) The State Board shall promulgate a legislative rule or rules in accordance with article three-b, chapter twenty-nine-a of this code containing procedures for the approval and operation of alternative teacher education programs as provided in this article. The State Board shall promulgate separate procedures for alternative programs for classroom teachers, alternative programs for highly qualified special education teachers, and additional alternative programs to prepare highly qualified special education teachers. These procedures shall be separate from the state board's other procedures for approving standard teacher education programs.
(2) Before promulgating
a rule or rules, the state Board shall consult with the Secretary of Education
and the Arts and the Chancellor of the Higher Education Policy Commission
(3) (2) Before adopting a rule or rules, the state
board shall submit its proposed rule or rules to the Legislative Oversight
Commission on Education Accountability for review.
(b) Necessary contents. – The state board's rule or rules shall include, at a minimum, the following elements:
(1) An orderly set of deadlines, forms and guidance to govern:
(A) A partnership's process for applying to become an approved education provider;
(B) The state board's process for reviewing and acting on a partnership's application;
(C) An approved education provider's process for seeking persons to enroll in an alternative program; and
(D) A person's process for enrolling in an approved education provider's alternative program;
(2) Procedures for determining whether a partnership agreement complies with sections one-b and one-c of this article;
(3) Procedures for determining whether a partnership agreement complies with any additional requirements contained in the state board's rule or rules;
(4) Standards for how often and for what lengths of time an alternative program teacher must observe in a mentor's classroom;
(5) Guidelines for determining what tuition or other charges an approved education provider may impose relating to an alternative program;
(6) A list of the test or tests that a person must pass if he or she seeks a certification to teach American Sign Language; and
(7) A list of the test or tests that a person must pass if he or she seeks a certification to teach in selected vocational and technical areas.
§18A-3-2c. Training
through the principals academy Minimum qualities, proficiencies and
skills required of principals; state board rule.
(a) Principal
training and professional development required. -- After the effective date
of this section and subject to the provisions of subsection (c) of this
section, every principal shall complete training and professional development
through the principals academy as provided in subsection (b) of this section.
(b) Principal
training and professional development through the academy. -- The academy
and the persons required to complete training and professional development
through the academy shall adhere to the following guidelines:
(1) All persons assigned
as a principal for the first time in a West Virginia school after July 1, 2002,
shall complete specialized training and professional development for newly
appointed principals through the academy within the first twelve months
following assignment;
(2) All principals of
schools which have been designated as seriously impaired, in accordance with
section five, article two-e, chapter eighteen of this code, shall complete
specialized training and professional development through the academy
specifically designed to assist the principal to improve school performance
commencing as soon as practicable following receipt of the designation;
(3) All principals who
are subject to an improvement plan, in accordance with section twelve, article
two of this chapter, shall complete specialized training and professional
development through the academy specifically designed for principals subject to
an improvement plan. The specialized training and professional development
shall be completed within twelve months from the date that the principal is
first subject to the improvement plan;
(4) All principals who
transfer to a school with a significantly different grade configuration shall
complete specialized training and professional development for principals in
schools with the grade configuration to which they transferred through the
academy within the first twelve months following transfer; and
(5) All persons serving
as school principals shall complete training and professional development
through the academy designed to build the qualities, proficiencies and skills
required of all principals as determined by the state board.
(c) Academy and
requirements to complete training and professional development subject to
funding. -- The requirement that principals complete training and
professional development through the academy shall be subject to the
availability of funds for the principals academy from legislative appropriation
and from other sources. If these funds are insufficient to provide for the
total cost of the training and professional development required by subsection
(b) of this section, then the academy shall provide training and professional
development for the persons described in subdivisions (1) through (5),
inclusive, subsection (b) of this section according to the priority in which
the subdivisions appear in said subsection. If such funds are insufficient to
provide for the training and professional development of all the persons
described in one or more of subdivisions (1) through (5), inclusive, subsection
(b) of this section, the academy is authorized to determine which persons
described within the subdivision or subdivisions shall be admitted and which
shall not be admitted: Provided, That the principals academy shall make
every effort to ensure that all principals receive training and professional
development through the academy at least once every six years effective July1,
2002, and thereafter: Provided, however, That nothing in this section
shall be construed to require any specific level of funding by the Legislature.
(d) Establishment of
standards. -- On or before October
1, 1996 October 1, 2017, the state board shall approve and
promulgate rules in accordance with article three-b, chapter twenty-nine-a
of this code regarding the minimum qualities, proficiencies and skills that
will be required of principals after January1, 1997 July 1, 2018.
The state board shall promulgate and may, from time to time, amend such rules.
The rules promulgated by the state board shall address at least the following:
(1) Instructional leadership and management techniques, including, but not limited to, the standards for high quality schools, the school accreditation process and strategic planning for continuous improvement;
(1) (2) Staff relations, including, but not
limited to, the development and use of skills necessary to make a positive use
of faculty senates, manage faculty and staff with courtesy and mutual respect,
coach and motivate employees, and build consensus as a means of management;
(2) (3) School community leadership qualities,
including, but not limited to, the ability to organize and leverage community
initiative, communicate effectively, work effectively with local school
improvement councils, manage change, resolve conflict and reflect the highest
personal values;
(3) (4) Educational proficiencies, including, but
not limited to, knowledge of curriculum, instructional techniques, student
learning styles, student assessment criteria, school personnel performance,
evaluation skills and family issues; and
(4) Administrative skills, including, but not limited to, organizational, fiscal, public policy and total quality management skills and techniques.
(e) Waivers. --
Any person desiring to be relieved of the requirements of all or any part of
this section may apply in writing to the state board for a waiver. Upon a
showing of reasonable cause why relief should be granted, the state board may
grant a waiver, upon such terms and conditions as the state board shall
determine proper, as to all or any part of this section.
(f) Failure to
comply. -- Any person who fails or refuses to complete training and
professional development through the academy, as required by the provisions of
this section, and who fails to obtain a waiver, as described in subsection(e)
of this section, shall be ineligible to be employed as, or serve in the
capacity of, a principal.
(g) Tracking of
requirement. -- On or before January 1, 1997, the state board shall
establish a system to track the progress of each person required to complete
training through the academy and shall regularly advise such persons of their
progress.
(h) Payment of
reasonable and necessary expenses and stipends. -- The center for
professional development shall reimburse persons attending the academy for
reasonable and necessary expenses. A person may not be required to complete
training and professional development through the principals academy before
September15, and after June 1, of the school year. The center for professional
development shall utilize alternative methods of instructional delivery and
scheduling, including electronic delivery, as considered appropriate to
minimize the amount of time principals completing training and professional
development through the academy are required to be away from their school
duties. Nothing in this section shall be construed to require any specific
level of funding by the Legislature.
§18A-3-8. County professional staff development councils.
The Legislature finds the professional expertise and insight of the classroom teacher to be an invaluable ingredient in the development and delivery of staff development programs which meet the needs of classroom teachers.
Therefore, a professional
staff development council comprised of proportional representation from the
major school levels and from vocational, special education and other
specialties in proportion to their employment numbers in the county shall be
established in each school district in the state in accordance with rules adopted
by the State Board of Education. Nominations of instructional personnel to
serve on the county staff development council may be submitted by the faculty
senates of the district to the county superintendent who shall prepare and
distribute ballots and tabulate the votes of the counties instructional
personnel voting on the persons nominated. Each county staff development
council shall consist of between nine and fifteen members at the discretion of
the county superintendent based on the size of the county. The councils have
final authority to propose staff development programs for their peers based
upon rules established by statute and the council on professional education
an analysis of the individual and collective needs of the schools of the
county as indicated by their strategic plans.
The county superintendent or a designee has an advisory, nonvoting role on the council. The county board shall make available an amount equal to one tenth of one percent of the amounts provided in accordance with section four, article nine-a, chapter eighteen of this code and credit the funds to an account to be used by the council to fulfill its objectives. The local board has final approval of all proposed disbursements.
Any funds credited to the council during a fiscal year, but not used by the council, shall be carried over in the council account for use in the next fiscal year. These funds are separate and apart from, and in addition to, those funds to be credited to the council pursuant to this section. At the end of each fiscal year, the council shall report to each faculty senate chairperson the amount of funds carried over into the next fiscal year.
The professional staff
development project of the center for professional development shall assist in
the development and delivery of staff development programs by the county staff
development councils and shall coordinate staff development efforts statewide.
ARTICLE 3C. IMPROVING TEACHING AND LEARNING.
§18A-3C-1. Findings; purposes and definition.
(a) The Legislature makes the following findings:
(1) Processes set forth in
this article for the performance evaluation of professional personnel
teacher and the induction and professional growth is of
teachers and leaders are not intended to make up for substandard initial
preparation, of teachers, but instead is are intended to
build on a solid foundation created by the teacher and principal preparation
programs. Therefore, the Legislature expects the teacher preparation programs
to graduate teachers and leaders who can perform at a level that
increases student achievement. The Legislature expects that the processes set
forth in this article will allow a teacher and principal to excel beyond
that level in the classroom and school leadership positions;
(2) The comprehensive
system of support provided for in this article should be implemented in
a way that, as compared with the beginning teacher internship system, much
more effectively provides for the professional growth of teachers and principals;
(3) In order for the
comprehensive system of support to much more effectively provide for the
professional growth for of teachers and principals, funding
should be greatly increased over and above what has been provided for the
beginning teacher internship system professional development resources
must be focused in the most cost effective manner on the unique needs of
individual schools, including their professional personnel evaluation data, to
increase the school’s capacity to improve student performance and progress; and
(4) Although the quality of the teacher in the classroom is extremely important to the academic achievement of students, students cannot learn if they are not in the classroom. Therefore, attending school on a regular basis is of utmost importance to the academic success of students.
(b) The purpose of this article is to create a comprehensive infrastructure that routinely supports a continuous process for improving teaching and learning. Its focus is on developing strong teaching and school leadership, without which effective learning does not occur. The general components of this infrastructure include the following:
(1) High-quality teacher and principal preparation, induction and evaluation;
(2) Universal support for
emerging teachers and principals including comprehensive new teacher
induction and support for (i) Beginning teachers, student teachers,
teachers teaching in assignments for which they have less than a full
professional credential and teacher candidates pursuing certification through
an alternative route; and (ii) Beginning principals, assistant principals
and vocational administrators, and principals beginning a new assignment at a
school with a significantly different grade level configuration;
(3) Evaluation of the performance of teachers and leaders in demonstrating high quality professional practice, leadership and collaboration and the resulting growth in student learning;
(4) Focused improvement in teaching and learning through the use of evaluation data to inform the delivery of professional development and additional supports to improve teaching based on the evaluation results and to inform the need for improvements in teacher preparation programs; and
(5) The creation of a leadership culture that seeks and builds powerful alliances among all stakeholders focused on continuous growth in student learning.
(c) For purposes of this article "professional personnel" includes classroom teachers, assistant principals and principals as defined in section one, article one chapter eighteen-a of this code.
§18A-3C-2. Performance evaluations of professional personnel.
(a) The intent of the
Legislature is to allow for a multistep statewide implementation of performance
evaluations for professional personnel pursuant to this section consistent with
sound educational practices and resources available resulting in full state-wide
implementation by no later than the school year 2013-2014. Beginning with the
schools included in the evaluation processes for professional personnel piloted
by the Department of Education during the 2011-2012 school year, additional
schools or school systems shall be subject to the provisions of this article in
accordance with a plan established by the state board to achieve full statewide
implementation by no later than the school year 2013-2014. For schools and
school systems subject to the provisions of this article, the provisions of
this article shall govern when they are in conflict with other provisions of this
chapter and chapter eighteen of this code. Specifically
(a) The provisions of this article section govern
for the performance evaluation of classroom teachers, principals and assistant
principals employed in these public schools and school systems.
To the extent that this article section conflicts with the
provisions of section twelve, article two of this chapter relating to
professional personnel performance evaluations, this article section
shall govern. The state board shall submit a report on its plan for the
phased implementation of this article to the Legislative Oversight Commission
on Education Accountability at the Commission's July interim meeting in each
year of the phased implementation. The report shall include an update on the
implementation of this article including, but not limited to the evaluation
process and a list of the schools and school systems subject to the provisions
of this article. To assist the Legislative Oversight Commission on Education
Accountability in monitoring the implementation of this article, the state
board shall report to the Commission upon its request throughout the
implementation process, including but not limited to, reports on the results of
surveys of teachers and principals on the implementation and use of the new
evaluation system, the adequacy of the professional development given to
employees on the purposes, instruments and procedures of the evaluation
process, the time consumed by the evaluation process and the various tasks
required for employees of different levels of experience, the aggregate results
of the evaluations and any recommendations for changes in the process or other
aspects of the duties of affected employees to improve the focus on the core
mission of schools of teaching and learning
(b) Before July 1, 2013
July 1, 2017, the state board shall adopt a legislative rule in
accordance with article three-b, chapter twenty-nine-a of this code, for annually
evaluating the performance of each professional person. each year. The state
board shall submit a draft of the proposed rule to the Legislative Oversight
Commission on Education Accountability by February 15, 2013, and a final draft
proposed rule prior to adoption. The rule shall provide for performance evaluations
of professional personnel to be conducted in accordance with this section in
each school and school system beginning with the 2013-14 school year
(c) (1) The process adopted by the state board for evaluating the performance of classroom teachers shall incorporate at least the following:
(A) Alignment with the West Virginia Professional Teaching Standards adopted by the state board that establish the foundation for educator preparation, teacher assessment and professional development throughout the state;
(B) Employment of the professional teaching standards to provide explicit and extensive measures of the work of teaching and what teachers must know and be able to do and provide evaluative measures of educator performance; and
(C) The use of two pieces
of evidence at two points in time over the instructional term to demonstrate
student learning as an indicator of educator performance. and
(D) The use of school's
school-wide student learning growth as measured by the state-wide summative
assessment as an evaluative measure of all educators employed in the school
(2) Eighty percent of the
evaluation shall be based on an appraisal of the educator's ability to perform
the critical standard elements of the professional teaching standards. The
appraisal shall include conferences with the evaluator reinforced through
observation. Fifteen Twenty percent of the evaluation shall be
based on evidence of the learning of the students assigned to the educator in
accordance with paragraph (C), subdivision (1) of this subsection. and five
percent of the evaluation shall be based on student learning growth measured by
the school-wide score on the state summative assessment in accordance with
paragraph (D), subdivision (1) of this subsection
(d) (1) The process adopted by the state board for evaluating the performance of principals and assistant principals shall include at least the following:
(A) Alignment with the West Virginia Professional Leadership Standards adopted by the state board establishing the responsibility of principals for the collective success of their school including the learning, growth and achievement of students, staff and self;
(B) Employment of the professional leadership standards to provide explicit and extensive measures of the work of school leadership focused on the continuous improvement of teaching and learning. The process shall include conferences and goal setting with the superintendent or his or her designee and the use of a survey of stakeholders to assist in identifying the needs and establishing the goals for the school and the principal. The survey shall be distributed to at least the following stakeholders: Students, parents, teachers and service personnel. The evaluative measures shall include the use of data, evidence and artifacts to confirm the principal's performance on achieving the goals established by the principal and superintendent; and
(C) The use of two pieces of evidence at two points in time over the instructional term to demonstrate the growth in student learning at the school; and
(D) The use of the
school's school-wide student learning growth as measured by the state-wide
summative assessment as an evaluative measure of all educators employed in the
school
(2) Eighty percent of the
evaluation shall be based on an appraisal of the principal's or the assistant
principal's ability to perform the critical standard elements of the
professional leadership standards and achieve the goals established for the
principal and the school. Fifteen Twenty percent of the
evaluation shall be based on evidence of the learning of the students assigned
to the school in accordance with paragraph (C), subdivision (1) of this
subsection, and five percent of the evaluation shall be based on student
learning growth measured by the school-wide score on the state summative
assessment in accordance with paragraph (D), subdivision (1) of this subsection.
(e) Evaluations of the performance of professional personnel shall serve the following purposes:
(1) Serve as a basis for the improvement of the performance of the professional personnel in their assigned duties;
(2) Serve as the basis for providing professional development specifically targeted on the area or areas identified through the evaluation process as needing improvement. If possible, this targeted professional development should be delivered at the school-site using collaborative processes, mentoring or coaching or other approaches that maximize use of the instructional setting;
(3) Serve as the basis for establishing priorities for the provision of county-level professional development when aggregate evaluation data from the county's schools indicates an area or areas of needed improvement;
(4) Serve as a basis for informing the teacher preparation programs in this state of an area or areas of needed improvement in the programs, or informing a specific program of needed improvement, when state-level aggregate evaluation data indicates that beginning teachers who have graduated from the program have specific weaknesses;
(5) Provide an indicator of level of performance of the professional personnel;
(6) Serve as a basis for programs to increase the professional growth and development of professional personnel; and
(7) Serve as documentation for a dismissal on the grounds of unsatisfactory performance.
(f) The rule adopted by the state board shall include standards for performance of professional personnel and the criteria to be used to determine whether their performance meets the standards. The rule also shall include guidance on best practices for providing time within the school day for teachers subject to performance evaluations under this section to participate in the collaborative mentoring or coaching and planning processes necessary for execution of the performance evaluation process and achieving advanced levels of performance.
(g) The rule adopted by the state board shall include provisions for written improvement plans when necessary to improve the performance of the professional personnel. The written improvement plan shall be specific as to what improvements are needed in the performance of the professional personnel and shall clearly set forth recommendations for improvements including recommendations for additional education and training of professionals subject to recertification. Professional personnel whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan.
(h) A professional person whose performance is considered to be unsatisfactory shall be given written notice of his of her deficiencies. A written improvement plan to correct these deficiencies shall be developed by the employing county board and the employee. The professional person shall be given a reasonable period of time, not exceeding twelve months, to accomplish the requirements of the improvement plan and shall receive a written statement of the resources and assistance available for the purposes of correcting the deficiencies. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional written recommendations for improvement or may recommend the dismissal of the professional personnel in accordance with the provisions of section eight, article two of this chapter.
(i) No person may evaluate
professional personnel for the purposes of this section unless the person has
an administrative certificate issued by the state superintendent and has
successfully completed education and training in evaluation skills through
the center for professional development, or equivalent education training
approved by the state board, which will enable the person to make fair,
professional, and credible evaluations of the personnel whom the person is
responsible for evaluating.
(j) Prior to implementation of the evaluation process pursuant to this section at a school, each affected employee shall be given training to ensure that the employees have a full understanding of the purposes, instruments and procedures used in evaluating their performance. Thereafter, this training shall be held annually at the beginning of the employment term.
§18A-3C-3. Comprehensive system for teacher and leader induction and professional growth.
(a) The intent of the
Legislature is to allow for a multistep statewide implementation of a comprehensive
system of support for building professional practice of beginning teachers,
specifically those on the initial and intermediate progressions, consistent
with sound educational practices and resources available. In this regard, it is
the intent of the Legislature that the transition of schools and school
systems to a comprehensive system of support that includes shall
incorporate support for improved professional performance that is targeted
on deficiencies identified through the educator personnel evaluation
process and incorporated into the strategic plans for continuous improvement
of schools and school systems. will be implemented concurrent with the
first year that a school or system receives final evaluation results from the
performance evaluation process pursuant to section two of this article
Further, because of significant variability among the counties, not only in the
size of their teaching force, distribution of facilities and available
resources, but also because of their varying needs, the Legislature intends for
the implementation of this section to be accomplished in a manner that provides
adequate flexibility to the counties to design and implement a comprehensive
system of support for improving professional performance that best achieves the
goals of this section within the county. Finally, because of the critical
importance of ensuring that all teachers perform at the accomplished level or
higher in the delivery of instruction that at least meets the West Virginia Professional
Teaching Standards and because achieving this objective at a minimum entails
providing assistance to address the needs as indicated by the data informed
results of annual performance evaluations, including the self-assessed needs of
the teachers themselves, the Legislature expects the highest priority for
county, regional and state professional development will be on meeting these
needs and that the transition to a comprehensive system of support for
improving professional practice will reflect substantial redirection of
existing professional development resources toward this highest priority.
(b) On or before July 1,
2012 July 1, 2017, the state board shall publish guidelines on the
design and implementation of a comprehensive system of support for improving
professional practice. The purpose of the guidelines is to assist the county
board with the design and implementation of a system that best achieves the
goals of this section within the county. The guidelines may include examples of
best practices and resources available to county boards to assist them with the
design and implementation of a comprehensive system.
(c) For schools and school
systems subject to the provisions of this article, the provisions of this
article govern when they are in conflict with section two-b, article three of
this chapter relating to beginning teacher internships, or in conflict with
other provisions of this chapter and chapter eighteen of this code
(d) (c) Effective for the school year beginning July
1, 2013 July 1, 2017, and thereafter, a county board is not eligible
to receive state funding appropriated for the purposes of this section or any
other provision of law related to beginning teacher and
principal internships and mentor
teachers and principals unless it has adopted a plan for implementation
of a comprehensive system of support for improving professional practice, the
plan has been verified by the state board as meeting the requirements of this
section and the county is implementing the plan. The plan shall address the
following:
(1) The manner in which the county will provide the strong school-based support and supervision that will assist beginning teachers in developing instructional and management strategies, procedural and policy expertise, and other professional practices they need to be successful in the classroom and perform at the accomplished level. Nothing in this subdivision prohibits a school or school system that was granted an exception or waiver from section two-c, article three of this chapter prior to the effective date of this section from continuing implementation of the program in accordance with the exception or waiver;
(2) The manner in which the county will provide the strong support and supervision that will assist beginning principals in developing instructional leadership, supervisory and management strategies, procedural and policy expertise, and other professional practices they need to be successful in leading continuous school improvement and performing at the accomplished level or above;
(2) (3) The manner in which the county in
cooperation with the teacher preparation programs in this state will provide
strong school-based support and assistance necessary to make student teaching a
productive learning experience;
(3) (4) The manner in which the county will use
the data from the educator performance evaluation system to serve as the basis
for providing professional development specifically targeted on the area or
areas identified through the evaluation process as needing improvement. If
possible, this targeted professional development should be delivered at the
school-site using collaborative processes, mentoring or coaching or other
approaches that maximize use of the instructional setting;
(4) (5) The manner in which the county will use
the data from the educator performance evaluation system to serve as the basis
for establishing priorities for the provision of county-level professional
development when aggregate evaluation data from the county's schools indicates
an area or areas of needed improvement;
(5) (6) If a county uses master teachers, mentors,
academic coaches or any other approaches using individual employees to provide
support, supervision or other professional development or training to other
employees for the purpose of improving their professional practice, the manner
in which the county will select each of these individual employees based upon
demonstrated superior performance and competence as well as the manner in which
the county will coordinate support for these employees. Provided,
That the employment of persons for these positions shall adhere to the posting
and other provisions of section seven-a, article four of this chapter utilizing
subsection (c) of said section seven-a to judge the qualifications of the
applicants If the duties of the position are to provide mentoring to an
individual teacher at only one school, then priority shall being be
given to applicants employed at the school at which those duties will be
performed;
(6) (7) The manner in which the county will use
local resources available, including, but not limited to, funds for
professional development and academic coaches, to focus on the priority
professional development goals of this section;
(7) (8) The manner in which the county will adjust
its scheduling, use of substitutes, collaborative planning time, calendar or
other measures as may be necessary to provide sufficient time for professional
personnel to accomplish the goals of this section as set forth in the county's
plan; and
(8) (9) The manner in which the county will monitor
and evaluate the effectiveness of implementation and outcomes of the county
system of support for improving professional practice.
(e) (d) Effective the school year beginning July 1, 2013
July 1, 2017, and thereafter, appropriations for beginning teacher and
principal mentors and internships and any new appropriation which
may be made for the purposes of this section shall be expended by county boards
only to accomplish the activities as set forth in their county plan pursuant to
this section. Effective the school year beginning July 1, 2013 2017,
and thereafter, no specific level of compensation is guaranteed for any
employee service or employment as a mentor and such service or employment is
not subject to the provisions of this code governing extra duty contracts. except
as provided in subdivision (5), subsection (c) of this section
(f) The Legislative Oversight Commission on Education Accountability shall review the progress of the implementation of this article and may make any recommendations it considers necessary to the Legislature during the 2013 regular legislative session.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-2. Composition of commission; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; removal from office.
(a) The commission is
comprised of ten nine members, all of whom are entitled to vote.
The membership of the commission is as follows:
(1) The Secretary of Education
and the Arts, ex officio
(2) (1) The State Superintendent of Schools, ex
officio;
(3) (2) The chair of the West Virginia Council for
Community and Technical College Education, ex officio; and.
(4) (3) Seven at-large members who are citizens of
the state, appointed by the Governor, by and with the advice and consent of the
Senate: Provided, That prior to appointment, the Governor shall
interview each candidate to assure that the person selected understands and is
committed to achieving the goals and objectives as set forth in the
institutional compacts and in section one-a, article one of this chapter. The
Governor shall invite the President of the Senate, the Speaker of the House of
Delegates, the chairs of the Senate and House of Delegates Committees on
Finance and Education and such other legislative leaders as the Governor may
determine to participate in interviewing potential candidates.
(b) Each of the at-large members appointed by the Governor shall represent the public interest and shall be committed to the legislative intent and goals set forth in state law and policy.
(c) The Governor may not appoint any person to be a member of the commission who is an officer, employee or member of the council or an advisory board of any state college or university; an officer or member of any political party executive committee; the holder of any other public office or public employment under the government of this state or any of its political subdivisions; an appointee or employee of any governing board; or an immediate family member of any employee under the jurisdiction of the commission, the council or any governing board.
(d) Of the seven, at-large members appointed by the Governor:
(1) No more than four may belong to the same political party;
(2) At least two shall be appointed from each congressional district; and
(3) Effective July 1, 2008, no more than one member may serve from the same county.
(e) The at-large members appointed by the Governor serve overlapping terms of four years.
(f) The Governor shall appoint a member to fill any vacancy among the seven at-large members, by and with the advice and consent of the Senate. Any member appointed to fill a vacancy serves for the unexpired term of the vacating member. The Governor shall fill the vacancy within thirty days of the occurrence of the vacancy.
(g) An at-large member appointed by the Governor may not serve more than two consecutive terms.
(h) Before exercising any authority or performing any duties as a member of the commission, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia and the certificate thereof shall be filed with the Secretary of State.
(i) A member of the commission appointed by the Governor may not be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the Governor.
ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.
§18B-3D-2. Workforce Development Initiative Program continued; purpose; program administration; rule required.
(a) The Workforce Development Initiative Program is continued under the supervision of the council. The purpose of the program is to administer and oversee grants to community and technical colleges to implement the provisions of this article in accordance with legislative intent.
(b) It is the responsibility of the council to administer the state fund for community and technical college and workforce development, including setting criteria for grant applications, receiving applications for grants, making determinations on distribution of funds and evaluating the performance of workforce development initiatives.
(c) The chancellor, under the direction of the council, shall review and approve the expenditure of all grant funds, including development of application criteria, the review and selection of applicants for funding and the annual review and justification of applicants for grant renewal.
(1) To aid in decision-making,
the chancellor appoints an advisory committee consisting of the Executive
Director of the West Virginia Development Office or designee; the Secretary
of Education and the Arts or designee the Assistant State Superintendent
for Technical and Adult Education; the Chair of the West Virginia Council for
Community and Technical College Education; the Chair of the West Virginia
Workforce Investment Council; the Executive Director of Workforce West
Virginia; two members representing business and industry; and one member
representing labor. The advisory committee shall review all applications for
workforce development initiative grants and make recommendations for
distributing grant funds to the council. The advisory committee also shall make
recommendations on methods to share among the community and technical colleges
any curricula developed as a result of a workforce development initiative
grant.
(2) When determining which grant proposals will be funded, the council shall give special consideration to proposals by community and technical colleges that involve businesses with fewer than fifty employees.
(3) The council shall weigh each proposal to avoid awarding grants which will have the ultimate effect of providing unfair advantage to employers new to the state who will be in direct competition with established local businesses.
(d) The council may allocate a reasonable amount, not to exceed five percent up to a maximum of $50,000 of the funds available for grants on an annual basis, for general program administration.
(e) Moneys appropriated or otherwise available for the Workforce Development Initiative Program shall be allocated by line item to an appropriate account. Any moneys remaining in the fund at the close of a fiscal year are carried forward for use in the next fiscal year.
(f) Nothing in this article requires a specific level of appropriation by the Legislature.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-2a. Authorizing certain transfers within and among general and special revenue accounts of state institutions of higher education.
(a) In accordance with the provisions of section seventeen, article two, chapter five-a of this code, the transfer of amounts between items of appropriations, or the transfer of moneys in a special account established for a particular purpose into another account for expenditure for another purpose, are specifically authorized for a spending unit under the jurisdiction of the governing boards subject to the following conditions:
(1) The president or other
administrative head of a state institution of higher education submits a
written request to the appropriate governing board. The appropriate governing
board approves the request for the transfer and submits a written request
for the transfer to the secretary of education and the arts.the Legislative
Auditor and the Legislative Oversight Commission on Education Accountability
are to be furnished a copy of the request;
(2) The secretary of
education and the arts, after consultation with the appropriate governing
board gives written approval to a request for a transfer and follows
such procedures as may be required by the Secretary of Administration, the
Auditor and the Treasurer to effect the transfer prior to any expenditure of
the moneys so transferred;
(3) Such a transfer does not:
(A) Expand a program, establish a new program or provide capital for an expense that cannot be paid during the current fiscal year; or
(B) Increase the moneys allocated or appropriated to personal services unless:
(i) Such The transfer
to personal services is made on an emergency basis for the employment of
personnel for summer school, and then only in such amounts as mandated for
salary purposes by articles eight and nine of this chapter: Provided,
That moneys transferred for the employment of personnel for summer school shall
be separately accounted for to indicate which of the accounts appropriated by
the Legislature are increased or reduced as a result of the transfer; or
(ii) A quarterly allotment of funds pursuant to section fifteen, article two, chapter five-a of this code is insufficient to meet the appropriated personal services budget of the spending unit in that fiscal quarter, in which case a transfer may only be made to meet the insufficiency and shall be accompanied by a pledge to replace funds in the original accounts by the end of that fiscal year;
(4) Not more than five percent of the total allocation or appropriation in any general revenue account of a state institution of higher education may be transferred between the items of allocation or appropriation thereof or between the accounts established for such institution;
(5) The transfer of moneys in a special account established for a particular purpose into another account for expenditure for another purpose shall not exceed such amounts as are determined by the president or other administrative head of the institution to be in excess of that reasonably required to accomplish the purposes for which the account was established, unless such excess balances are insufficient to provide the amounts necessary for a temporary transfer in the case of a quarterly allotment which is insufficient to meet the appropriated personal services budget;
(6) Funds in any general or special account established for a specific state institution of higher education shall not be transferred pursuant to this section for use by another state institution of higher education.
(b) Notwithstanding the procedures and restrictions set forth in subsection (a) of this section, except to the extent that the section explicitly relates to transfers due to quarterly allotment insufficiencies, and notwithstanding any other provision of this code to the contrary, if a quarterly allocation of appropriations from the General Revenue Fund to the respective governing boards is insufficient to meet the cash flow needs within their respective systems to meet their payroll requirements, the boards may authorize the institutions to transfer funds from the various special revenue accounts under their jurisdiction to meet these needs, except funds whose use is governed by bonding covenants: Provided, That the Legislative Auditor shall be notified by the institution at the time of transfer and shall be provided whatever documentation that may be required to maintain records of the amounts transferred and subsequently restored: Provided, however, That the amounts of funds so transferred shall be restored to the accounts from which the transfers were made by the end of the fiscal year in which the transfers occurred: Provided further, That if the records in the office of the Legislative Auditor indicate any amounts transferred have not been restored by the end of the fiscal year, the Legislative Auditor shall notify the Secretary of Administration, Auditor and Treasurer, and thereafter no funds appropriated or allocated to the institution shall be encumbered or expended until such amounts are replaced: And provided further, That the respective spending units have first pursued appropriate administrative remedies to avoid anticipated cash flow shortages: And provided further, That nothing herein restricts the ability of the boards to respond to reductions of appropriations imposed in accordance with article two, chapter five-a of this code within the restoration period.
(c) If, due to increased
efficiency in operations, a state institution of higher education accumulates
balances in any of its accounts, or accounts established for the institution by
its governing board, which are in excess of the amounts needed to accomplish
the purposes for which the accounts were established, either general or special
revenue, the institution may employ the transfer provisions established in
subdivisions (1) and (2), subsection (a) of this section to transfer such
excess balances into a special efficiency surplus revolving fund which shall be
created in the State Treasury for the institution and which shall be carried
forward into the subsequent fiscal years: Provided, That expenditures
from any special efficiency surplus fund shall only be made upon line item
appropriation by the Legislature. In the case of such transfers, the president
shall, in addition to the request for a transfer, also submit to the
secretary of education and the arts, the appropriate governing board, the
Legislative Auditor and the Legislative Oversight Commission on Education Accountability,
documentation of the efficiencies accomplished which resulted in the excess
balance. Funds transferred into the special surplus fund of an institution
shall be budgeted by the president or other administrative head of the
institution in consultation with the faculty senate, classified staff and
student government organization to meet the highest academic priorities of the
institution: Provided, however, That such these funds may
not be used to support a continuing operation or expense unless the
efficiencies which resulted in such funds becoming available are likewise
continuing: Provided further, That the restrictions on fund transfers
set forth in subdivisions (3), (4) and (5) of said that subsection
shall not apply to transfers to the efficiency surplus revolving fund: And
provided further, That the restriction set forth in subdivision (6) of said
that subsection shall apply to such those transfers.
(d) If the Legislature finds that amounts deposited in any fund created pursuant to this section or transferred to any fund exceed the amounts needed to effectuate any of the purposes set forth in this section, such amounts may be transferred to other accounts or funds and redesignated for other purposes upon appropriation by the Legislature.
(e) Reports setting forth
the exercise of any authority granted by this section shall be submitted with
specificity to the Legislative Oversight commission on education accountability
and the Joint Committee on Government and Finance on January 1, of any year in
which such the authority was exercised during the prior
twelve-month period.
ARTICLE 16. HEALTH CARE EDUCATION.
§18B-16-5. Powers and duties of the vice chancellor.
In addition to all other
duties assigned to the vice chancellor by the board of trustees Higher
Education Policy Commission, the vice chancellor shall:
(a) Provide assistance to communities in planning an educational and clinical component for the primary health care education sites;
(b) Coordinate and approve the provision of faculty members, students, interns and residents at the education sites;
(c) Report directly to the board
of trustees Higher Education Policy Commission regarding the rural
health initiative;
(d) Oversee the administration of the Kellogg foundation grant;
(e) Coordinate the rural
health initiative with the allied health care education programs within the
state college system and community college systems;
(f) Prepare the budget for
the rural health initiative and submit the budget to the board of trustees
Higher Education Policy Commission for their approval;
(g) Distribute the funds
which were appropriated to the board of trustees and the secretary of the
Department of Education and the arts , by the Legislature Higher
Education Policy Commission for the rural health initiative;
(h) Mediate any disputes between the institutions of higher education regarding the rural health initiative;
(i) Approve the plan
submitted by the board of directors under section three, article three of this
chapter;
(j) (i) Consult with the joint commission for
vocational-technical-occupational education established under section one,
article three-a Council for Community and Technical College Education
established under section three, article two-b of this chapter on the
coordination of the education of student practical nurses with the rural health
initiative; and
(k) (j) Perform such other duties as may be
prescribed by this article or as may be necessary to effectuate the provisions
of this article.
§18B-16-8. Allocation of appropriations.
(a) The primary health care education sites established under this article shall be supported financially in part from line item appropriations to the university of West Virginia health sciences account. Funds shall be distributed to the state's schools of medicine upon consideration of the recommendations of the vice chancellor. Appropriations to the university of West Virginia health sciences account to support the rural health initiative shall be by line item, with at least one line item designated for primary health education program support at the schools of medicine and at least one line item designated for rural health initiative site support.
(b) The vice chancellor shall require each school of medicine to submit a detailed proposal which shall state, with specificity, how each school of medicine will be working to further the goals and meet the criteria set forth in this article and the amount of appropriation which would be needed by each school to implement the proposal.
The vice chancellor shall,
giving consideration to such the proposals, prepare a
comprehensive plan to be presented to the board of trustees, which plan shall
include a recommendation for allocations of moneys appropriated for program
support and a recommendation for the allocation of moneys designated for support
of the primary health care education sites commensurate with each school's
level of participation in such sites.
(c) Notwithstanding the
provisions of section twelve, article three, chapter twelve of this code, any
funds appropriated to the board of trustees Higher Education Policy
Commission in accordance with the provisions of this section that remain
unallocated or unexpended at the end of any fiscal year shall may
not expire, shall remain in the line item to which they were originally
appropriated and shall be available in the next fiscal year to the board of
trustees or a school of medicine for allocation or expenditure for the purposes
of this article.
(d) The rural health
initiative shall also be supported, in part, from appropriations made to the
secretary of the Department of Education and the arts, under a separate line
item for the board of directors of the state college system for the rural health
initiative, for distribution to participating health education programs under
the board of directors. Appropriations shall not be expended or allocated until
the required plan has been approved by the vice chancellor in accordance with
section three, article three of this chapter.
Notwithstanding the
provisions of section twelve, article three, chapter twelve of this code, any
funds appropriated to the board of directors in accordance with the provisions
of this section that remain unallocated or unexpended at the end of any fiscal
year shall not expire, shall remain in the line item to which they were
originally appropriated and shall be available in the next fiscal year to the
board of directors for allocation or expenditure for the purposes of this article
(e) (d) Additional financial support shall come
from fees generated by services, from grants and contracts, and from community
resources. Any fees so generated shall be paid to and expended by the facility
established as a primary health care education site unless an alternative fee
arrangement is mutually agreed upon by the chief administrator of the site and
the vice chancellor for health sciences.
ARTICLE 18B. SCIENCE AND RESEARCH COUNCIL.
§18B-18B-1. Science and Research Council established; purposes.
(a) The Science and Research Council is hereby established. For the purposes of this article only, "council" means the Science and Research Council established herein.
(b) The purposes of the council include, but are not limited to, the following:
(1) Increasing the capacity of the state and state institutions of higher education to attract, implement and use cutting-edge, competitive research funds and infrastructure;
(2) Providing expertise and policy guidance in science and research to the state, its agencies and state institutions of higher education regarding federal programs such as the Experimental Program to Stimulate Competitive Research ("EPSCoR") and similar state programs such as the West Virginia Research Trust Fund established in article eighteen-a of this chapter and the Research Challenge Fund established in section twelve, article one-b of this chapter;
(3) Encouraging research collaboration among public and private institutions of higher education and the private sector, both within and outside the state;
(4) Promoting education at all levels in the fields of science, technology, engineering and mathematics; and
(5) Providing recommendations to the Commission and state policymakers, including the Governor and Legislature, regarding science and research initiatives and effective programmatic activities, budgets and investments to implement those initiatives.
(c) The council replaces the EPSCoR State Advisory Council and consists of fifteen members as follows:
(1) The vice presidents in charge of research at Marshall University and West Virginia University;
(2) A representative of health sciences at Marshall University and a representative of health sciences at West Virginia University, appointed by the deans of the respective schools of medicine;
(3) The Secretary of
Education and the Arts or designee;
(4) (3) The State Superintendent of Schools or
designee;
(5) (4) The Secretary of Commerce or designee;
(6) (5) The Vice Chancellor for Science and
Research of the Commission;
(7) (6) The Chancellor of the Commission who
chairs the council;
(8) (7) One member engaged in applied research at
Marshall University and one member engaged in applied research at West Virginia
University, appointed by the provosts of the respective universities; and
(9) (8) Four
Five members, appointed by the Governor, who have demonstrated interest,
knowledge, skill and experience in academic research and scientific innovation
and who possess recognized credentials and expertise in one or more of the
following areas:
(A) Science, technology, engineering or mathematics ("STEM") fields;
(B) Cyberinfrastructure, information technology or computer science;
(C) Research and development;
(D) Technology based economic development or industry; or
(E) Undergraduate research or science education.
At least two of the members appointed by the Governor shall be representatives of business or industry.
(d) Of the initial appointments made by the Governor, one member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; and one member shall be appointed to a four-year term. Of the initial appointments made by the deans of schools of medicine, the member appointed by the dean of the Marshall University School of Medicine shall be appointed to a two-year term, and the member appointed by the dean of the West Virginia University School of Medicine shall be appointed to a three-year term. Of the initial appointments made by the provosts, the member appointed by the West Virginia University provost shall be appointed to a two-year term, and the member appointed by the Marshall University provost shall be appointed to a four-year term.
(e) After the initial appointments, all members serve terms of four years. Each appointed member who qualifies under the provisions of this section may serve for no more than two successive terms. An appointment to fill a vacancy on the council or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.
(f) Members of the council serve without compensation, but are entitled to reimbursement by the commission for expenses, including travel expenses, actually incurred by the member in the official conduct of the business of the council.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 24. TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES ACT.
§29-24-3. Board created, membership, terms, officers and staff.
(a) The technology-related
assistance revolving loan fund for individuals with disabilities board created
by chapter two hundred forty-seven, acts of the Legislature, regular session, one
thousand nine hundred ninety-six 1996, is hereby continued.
(b) The board shall consist of seven members as follows, of whom at least three must be individuals with disabilities:
(1) Director of the Division of Rehabilitation Services, ex officio, who shall be entitled to vote, or his or her designee;
(2) A representative of the banking industry;
(3) A representative of the medical profession;
(4) A certified public accountant; and
(5) Three members from the public at large who are users or providers of technology-related assistance devices or services for individuals with disabilities. Members shall be appointed by the Governor, by and with the advice and consent of the Senate, for terms of three years. Members appointed by the Governor with the advice and consent of the Senate prior to the effective date of this section shall continue to serve for the terms for which they were appointed. State officers or employees may be appointed to the board unless otherwise prohibited by law.
(c) In the event a board
member fails to attend more than twenty-five percent of the scheduled meetings
in a twelve-month period, the board may, after written notification to that
member and the secretary of education and the arts Secretary of
Department of Health and Human Resources,
request in writing that the Governor remove the member and appoint a new member
to serve his or her unexpired term.
(d) In the event of If
there is a death, resignation, disqualification or removal for any reason
of any member of the board, the vacancy shall be filled in the same manner as
the original appointment and the successor shall serve for the unexpired term.
(e) The board shall elect from its membership a chairperson, treasurer and secretary as well as any other officer as appropriate. The term of the "chairperson" is for two years in duration and he or she cannot serve more than two consecutive terms.
§29-24-5. Power, duties and responsibilities of the board; loans.
(a) The board has the following powers, duties and responsibilities:
(1) Meet at such times (minimum of four times each fiscal year) and at places as it determines necessary or convenient to perform its duties. The board shall also meet on the call of the chairperson or secretary of education and the arts;
(2) Maintain written minutes of its meetings;
(3) Propose rules for
legislative promulgation in accordance with the provisions of article
three, chapter twenty-nine-a of this code for the transaction of its business
and to carry out the purposes of this article. Such The rules
shall include: (A) Guidelines, procedures, reporting requirements,
accountability measures and such other criteria as the board deems appropriate
and necessary to fulfill its governance responsibility under this article if it
elects to contract with a nonprofit, consumer-driven organization to carry out
the purposes of this article; (B) an appeals process with regard to the
administration of the fund; and (C) rules governing the operation of the fund,
including, but not limited to, eligibility of receipt of funds and all other
matters consistent with and necessary to accomplishing the purpose of this
fund;
(4) Employ personnel on a full-time, part-time or contracted basis. Board personnel may be members of the state civil service system. Participating agencies shall make staff support and resources available to the board whenever practicable at the discretion of the agencies. The compensation of personnel shall be paid from moneys in the revolving loan fund;
(5) Receive, administer and disburse funds to support purposes established by this article and contract with nonprofit, consumer-based groups dealing with individuals with disabilities to assist in administering programs established by this article;
(6) Maintain detailed records of all expenditures of the board, funds received as gifts and donations and disbursements made from the revolving loan fund;
(7) Submit to the secretary
of education and the arts Secretary of Department of Health and Human
Resources and the Legislature annually a summary report concerning
programmatic and financial status of the revolving loan fund;
(8) Develop and implement a comprehensive set of financial standards to ensure the integrity and accountability of all funds received as well as loan funds disbursed; and
(9) Conform to the standards and requirements prescribed by the State Auditor.
(b) Subject to available funds, the board shall enter into loan agreements with any qualifying borrower, who demonstrates that:
(1) The loan will assist one or more individuals with disabilities in improving their independence, productivity and full participation in the community; and
(2) The applicant has the ability to repay the loan. Any necessary loan limitation shall be determined by the board. All loans must be repaid within such terms and at such interest rates as the board may determine to be appropriate. However, no loan may extend beyond sixty months from date of award and may be paid off anytime without prepayment penalty. The board shall determine the interest rate to be charged on loans made pursuant to this article, but in no event may the interest rate on any such loans be less than four or more than twenty-one percent per annum.
(c) The board may authorize loans up to ninety percent of the cost of an item or items.
(d) The board may award loans to qualifying borrowers for purposes, including, but not limited to, the following:
(1) To assist one or more individuals with disabilities to improve their independence through the purchase of technology-related devices; and
(2) To assist one or more individuals with disabilities to become more independent members of the community and improve such individuals quality of life within the community through the purchase of technology-related devices.
(e) In the event of the
If there is a failure of the borrower to repay the loan balance due and
owing, the board shall seek to recover the loan balance by such legal or
administrative action available to it. Persons or representatives of persons
who default on a loan are not eligible for a new loan. The board shall retain
ownership of all property, equipment or devices until the borrower's loan is
paid in full.
(f) A new loan may not be issued to, or on behalf of, a disabled person if a previous loan made to, or on behalf of, such person remains unpaid.
(g) The board may charge a fee for loan applications and processing. All funds generated by fee charges shall be directly placed into the revolving loan fund to off-set the costs of application processing.
The board may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the Legislature to continue the purposes for which the federal funds are made available. All funds received in the manner described in this article shall be deposited in the revolving loan fund to be disbursed as other moneys in the revolving loan fund.
NOTE: The purpose of this bill is to improve the focus on school-level continuous improvement processes led by the principal. The bill includes instructional leadership among the duties and responsibilities of principals and assistants and requires instruction in their certification requirements. The instruction must include the standards for high quality schools, the school accreditation process and strategic planning for continuous improvement. School systems are given the flexibility to establish their own systems of support and supervision of beginning principals and the current state mandated programs and processes are eliminated. The systems for delivering professional development are realigned to focus on the needs identified by schools in their strategic planning processes led by the principal, including those identified through professional personnel evaluations, and the state-level professional development plan is eliminated. In addition, the current Center for Professional Development, Principal’s Academy, and Department and Secretary of Education and the Arts are eliminated along with related programs that are no longer operational, and the various remaining divisions in the Department of Education and the Arts are transferred to other Departments except for the Educational Broadcasting Authority which will become an independent agency within the Executive branch.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.