AB

H. B. 2300

(By Delegates Mezzatesta, Perry, Shaver,
Williams, Crosier, Poling and Beach)

(Originating in the Committee on Education)
(January 15, 2003)

A BILL to amend and reenact sections five and five-c, article two- e, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the process for improving education; reorganizing subsections and refining intent; modifying elements of the system of education performance audits; providing for annual performance measures and specifying their use; specifying uses of other information from system of education performance audits; creating education performance audit panel and providing for organization and membership; placing powers and duties of office of education performance audits under panel and providing additional duties; modifying content of school and county unified improvement plans and requirements for revision; requiring electronic boilerplate for unified school improvement plans; revising on-site performance audit process and requirements; modifying period for maintaining accreditation and approval when certain deficiencies noted; clarifying process for giving seriously impaired status; providing transfer rights for replaced principals; modifying authorization to transfer from seriously impaired school; and adding specification to notice required of state board to process for improving education council.

Be it enacted by the Legislature of West Virginia:

That sections five and five-c, article two-e, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:

ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-5. Process for improving education; education standards and accountability measures; office of education performance audits; school accreditation and school system approval; intervention to correct impairments.

(a) Legislative findings, purpose and intent. --

(1) The Legislature finds that the process for improving education includes four primary elements, these being:

(A) Standards which set forth the things that students should know and be able to do as the result of a thorough and efficient education including measurable criteria to evaluate student performance and progress;

(B) Assessments of student performance and progress toward meeting the standards;

(C) A system for holding schools and school systems accountable for student performance and progress toward obtaining a high quality education which is delivered in an efficient manner; and

(D) A method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress.

(2) The Legislature further finds that as the constitutional body charged with the general supervision of schools as provided by general law, the state board has the authority and the responsibility to establish the standards, assess the performance and progress of students against the standards, hold schools and school systems accountable, and assist schools and school systems to build capacity and improve efficiency so that the standards are met, including, when necessary, seeking additional resources in consultation with the Legislature and the governor.

(3) The Legislature also finds that as the constitutional body charged with providing for a thorough and efficient system of schools, the Legislature has the authority and the responsibility to establish and be engaged constructively in the determination of the things that students should know and be able to do as the result of a thorough and efficient education. This determination is made by using the process for improving education to determine when school improvement is needed, by evaluating the results and the efficiency of the system of schools, by ensuring accountability, and by providing for the necessary capacity and its efficient use.

(4) Therefore, the purpose of this section is to establish a process for improving education that includes the four primary elements as set forth in subdivision (1) of this subsection to provide assurances that a thorough and efficient system of schools is being provided for all West Virginia public school students on an equal education opportunity basis and that the high quality standards are, at a minimum, being met.

(5) The intent of the Legislature in enacting this section and section five-c of this article is to establish a process through which the Legislature, the governor and the state board can work in the spirit of cooperation and collaboration intended in the process for improving education to consult and examine, when necessary, the performance and progress of students, schools and school systems and consider alternative measures to ensure that all students continue to receive the thorough and efficient education to which they are entitled. However, nothing in this section requires any specific level of funding by the Legislature.

~~(b)~~ ~~Unified county and school improvement plans.~~ -- The state board shall promulgate rules in accordance with article three-b, chapter twenty-nine-a of this code establishing a unified county improvement plan for each county board and a unified school improvement plan for each public school in this state. The rules shall specify that the unified school improvement plan shall include all appropriate plans required by law including, but not limited to, the following:
(1) The report required to be delivered to the county-wide council on productive and safe schools pursuant to subsection (f), section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology pursuant to 20 U.S.C. §6845, section seven, article two-e of this chapter, state board policy or rule or any other county, state or federal law;
(3) The strategic plan to manage the integration of special needs students as required by section five, article five-a of this chapter; and
(4) The school based improvement plan set forth in the Elementary and Secondary Education Act pursuant to 29 U.S.C. §6301, et seq.
The plans are required to be included only to the extent permitted by state and federal law.
~~(c)~~ (b) High quality education standards and efficiency standards. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt and periodically review and update high quality education standards for student, school and school system performance and processes in the following areas:

(1) Curriculum;

(2) Workplace readiness skills;

(3) Finance;

(4) Transportation;

(5) Special education;

(6) Facilities;

(7) Administrative practices;

(8) Training of county board members and administrators;

(9) Personnel qualifications;

(10) Professional development and evaluation;

(11) Student performance and progress;

(12) School and school system performance and progress;

(13) A code of conduct for students and employees;

(14) Indicators of efficiency; and

(15) Any other areas determined by the state board.

The standards shall assure that graduates are prepared for continuing post-secondary education, training and work and that schools and school systems are making progress toward achieving the education goals of the state.

(c) Assessment and accountability of student, school and school system performance, progress and processes. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall establish by rule a system of education performance audits which measures the quality of education and the preparation of students based on the standards and measures of student, school and school system performance, progress and processes. The system of education performance audits shall provide information to the state board, the Legislature and the governor collectively as the process for improving education council pursuant to section five of this article, and individually upon request and as otherwise provided in this section, upon which they may judge whether the standards and measures established pursuant to this section are, at a minimum, being met and a thorough and efficient system of schools is being provided. The system of education performance audits shall include: (1) The assessment of student, school and school system performance and progress on annual performance measures and indicators of efficiency; (2) the evaluation of records, reports and other information collected by the department upon which the quality of education and compliance with statutes, policies and standards may be judged; (3) the review of school and school system unified improvement plans; and (4) the periodic on-site review of school and school system performance, progress and compliance with statutes, policies and standards.

(d) Uses of school and school system assessment information. -- The state board and the process for improving education council established pursuant to section five-c of this article shall use information from the system of education performance audits to assist them in improving student, school and school system performance and progress and ensuring that a thorough and efficient system of schools is being provided. Information from the system of education performance audits further shall be used by the state board for these purposes, including, but not limited to, the following: (1) Determining school accreditation and school system approval status; (2) holding schools and school systems accountable for the efficient use of existing resources to meet or exceed the standards; and (3) targeting additional resources when necessary to improve performance and progress. Primary emphasis in determining school accreditation and school system approval status is based on the annual measures of student, school and school system performance and progress. Other information from the system of education performance audits is used primarily to ensure compliance with statutes, policies and standards and to assess the processes which enable student performance and progress with the objective of improving student, school and school system performance and progress. The state board shall make accreditation information available to the Legislature, the governor, the general public and to any individuals who request the information, subject to the provisions of any act or rule restricting the release of information.

(e) Education Performance Audit Panel. -- The system of education performance audits shall be under the direction of the education performance audit panel which shall be comprised of the president of the state board who shall chair the panel; one member of the state board selected by the board; the state superintendent; and the ranking employees of the department of education whose major areas of responsibility are, including but not limited to, curriculum, instruction, assessment, finance, facilities, professional development, certification, vocational education, regional education service agencies and education information data collection, all designated by the state superintendent with approval of the state board. The education performance audit panel shall report directly to and be responsible to the state board in carrying out its duties under the provisions of this section. Subject to approval of the state board, the state superintendent shall organize the department to fulfill requirements of this section and the duties assigned to the education performance audit panel by law and by the state board and may employ a director to facilitate the work of the panel. The panel shall have the powers and duties to:

(1) Assist the state board and the process for improving education council pursuant to section five-c of the article in the operation of a system of education performance audits that will enable them to evaluate whether a thorough and efficient education is being provided;

(2) Assist the state board in making determinations regarding the accreditation status of schools and the approval status of school systems;

(3) Assure that all statewide assessments of student performance are secure as required in section one-a of this article;

(4) Administer all accountability measures as assigned by the state board, including, but not limited to, the following:

(A) Processes for the accreditation of schools and the approval of school systems. These processes shall focus on those measurable criteria related to student performance and progress and to the delivery of instruction which will enable student performance and progress;

(B) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action; and

(C) Recommendations to the state board for assistance to low performing schools to make improvements before the schools become seriously impaired;

(5) Determine, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the Legislature and the state board, and recommend to the school, the school system, the state board and the process for improving education council, plans to establish those needed capacities;

(6) Determine, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity to establish and maintain a thorough and efficient system of schools, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the state board and the process for improving education council;

(7) Determine, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the Legislature and the state board, and make recommendations to the state board, the process for improving education council, the center for professional development, the regional educational service agencies, the higher education policy commission, and the county boards;

(8) Develop reporting formats, such as check lists or electronic reporting formats, which shall be used by the appropriate administrative personnel in schools and school systems to document compliance with laws, policies and standards including, but not limited to, compliance with limitations on the number of pupils per teacher in a classroom and the number of split grade classrooms. Information contained in the reporting formats may be examined during an on-site review to determine accuracy. Intentional and grossly negligent reporting of false information is ground for dismissal;

(9) Identify, in conjunction with the assessment and accountability processes, exemplary schools and school systems and best practices that improve student, school and school system performance, and make recommendations to the state board and the process for improving education council for recognizing and rewarding exemplary schools and school systems and promoting the use of best practices. The state board shall provide information on best practices to county school systems and shall use information identified through the assessment and accountability processes to select schools of excellence; and

(10) Report to the legislative oversight commission on education accountability at its legislative interim meetings each month, or as may be otherwise requested, on the performance and progress of students, schools and school systems and such other information as may be requested.

(f) Annual Performance measures. -- The system of education performance audits shall include the following annual measures of student, school and school system performance and progress which shall be the primary measures for determining school accreditation and school system approval and whether improvement is needed:

(1) The acquisition of student proficiencies as indicated by student performance and progress by grade level measured, where possible, by a uniform statewide assessment program;

(2) The school attendance rate which shall be no less than ninety percent in attendance excluding excused student absences, students not in attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to compel attendance to the extent of his or her authority, and used only for schools that do not include grade twelve; and

(3) The high school graduation rate which shall be no less than eighty-five percent using an unduplicated count with restoration of students who return to the school to complete a diploma.

The system of education performance audits shall further include the following annual measures of student, school and school system performance and progress which shall be used only as additional measures for determining whether schools and school systems should be granted exemplary accreditation status:

(1) The percentage of graduates who enroll in college and other post-secondary education and training within one year following high school graduation;

(2) The percentage of graduates who receive additional certification of their skills, competence and readiness for college, other post-secondary education or employment above the level required for graduation; and

(3) The percentage of students who successfully complete advanced placement, dual credit and honors classes.

~~(d)~~ ~~Performance measures.~~ -- The standards shall assure that all graduates are prepared for gainful employment or for continuing post-secondary education and training and that schools and school systems are making progress in achieving the education goals of the state. The standards shall include measures of student performance and progress and measures of school and school system performance, progress and processes that enable student performance. The measures of student performance and progress and school and school system performance, progress and processes shall include, but are not limited to, the following:
(1) The acquisition of student proficiencies as indicated by student performance and progress by grade level measured, where possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) The student dropout rate;
(4) The high school graduation rate;
(5) The percentage of graduates who enrolled in college and the percentage of graduates who enrolled in other post-secondary education within one year following high school graduation;
(6) The percentage of graduates who received additional certification of their skills, competence and readiness for college, other post-secondary education or employment above the level required for graduation; and
(7) The percentage of students who enrolled in and the percentage of students who successfully completed advanced placement, dual credit and honors classes, respectively, by grade level.
~~(e)~~ (g) Indicators of efficiency. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt and periodically review and update indicators of efficiency for student and school system performance and processes in the following areas:

(1) Curriculum delivery including, but not limited to, the use of distance learning;

(2) Transportation;

(3) Facilities;

(4) Administrative practices;

(5) Personnel;

(6) Utilization of regional educational service agency programs and services, including programs and services that may be established by their assigned regional educational service agency, or other regional services that may be initiated between and among participating county boards; and

(7) Any other indicators as determined by the state board.

~~(f)~~ ~~Assessment and accountability of school and school system performance and processes.~~ -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall establish by rule a system of education performance audits which measures the quality of education and the preparation of students based on the standards and measures of student, school and school system performance, progress and processes, including, but not limited to, the standards and measures set forth in subsections (c) and (d) of this section. The system of education performance audits shall assist the state board, the Legislature and the governor in ensuring that the standards and measures established pursuant to this section are, at a minimum, being met and that a thorough and efficient system of schools is being provided. The system of education performance audits shall include: (1) The assessment of student performance and progress, school and school system performance and progress, and the processes in place in schools and school systems which enable student performance and progress; (2) the review of school and school system unified improvement plans; and (3) the periodic on-site review of school and school system performance and progress and compliance with the standards.
~~(g)~~ ~~Uses of school and school system assessment information~~. -- The state board and the process for improving education council established pursuant to section five-c of this article shall use information from the system of education performance audits to assist them in ensuring that a thorough and efficient system of schools is being provided and to improve student, school and school system performance and progress. Information from the system of education performance audits further shall be used by the state board for these purposes, including, but not limited to, the following: (1) Determining school accreditation and school system approval status; (2) holding schools and school systems accountable for the efficient use of existing resources to meet or exceed the standards; and (3) targeting additional resources when necessary to improve performance and progress. Primary emphasis in determining school accreditation and school system approval status is based on student performance and progress, school and school system performance and progress and such other measures as selected by the state board. The state board shall make accreditation information available to the Legislature, the governor, the general public and to any individuals who request the information, subject to the provisions of any act or rule restricting the release of information.Based on the assessment of student, school and school system performance and progress, the state board shall establish early detection and intervention programs using the available resources of the department of education, the regional educational service agencies, the center for professional development and the principals academy, as appropriate, to assist underachieving schools and school systems to improve performance before conditions become so grave as to warrant more substantive state intervention. Assistance shall include, but is not limited to, providing additional technical assistance and programmatic, professional staff development, providing monetary, staffing and other resources where appropriate, and, if necessary, making appropriate recommendations to the process for improving education council.

(h) Unified county and school improvement plans. -- The state board shall promulgate rules in accordance with article three-b, chapter twenty-nine-a of this code establishing a unified county improvement plan for each county board and a unified school improvement plan for each public school in this state. The rules shall specify that the unified improvement plans shall be a single plan which integrates all appropriate plans required by law including, but not limited to, the following:

(1) The report required to be delivered to the county-wide council on productive and safe schools pursuant to subsection (f), section two, article five-a of this chapter;

(2) Plans or applications required in the area of technology pursuant to 20 U.S.C. §6845, section seven, article two-e of this chapter, state board policy or rule or any other county, state or federal law;

(3) The strategic plan to manage the integration of special needs students as required by section five, article five-a of this chapter;

(4) The school based improvement plan set forth in the Elementary and Secondary Education Act pursuant to 29 U.S.C. §6301, et seq; and

(5) A plan to improve student, school or school system performance and progress, as applicable, which shall be revised when required pursuant to this section to include the standard or standards upon which performance and progress is not met, a separate time line and objectives for improvement to meet each standard, a date certain upon which each standard will be met, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the standard or standards.

The plans are required to be integrated only to the extent permitted by state and federal law.

The department shall make available on and after the first day of August, two thousand three, to all public schools through its web site or the West Virginia education information system an electronic unified school improvement plan boilerplate designed for use by all schools to develop a unified school improvement plan which incorporates all required aspects.

(i) Early Detection and Intervention Programs. -- Based on the assessment of student, school and school system performance and progress, the state board shall establish early detection and intervention programs using the available resources of the department of education, the regional educational service agencies, the center for professional development and the principals academy, as appropriate, to assist underachieving schools and school systems to improve performance before conditions become so grave as to warrant more substantive state intervention. Assistance shall include, but is not limited to, providing additional technical assistance and programmatic, professional staff development, providing monetary, staffing and other resources where appropriate, and, if necessary, making appropriate recommendations to the process for improving education council.
~~(h)~~ ~~Office of education performance audits~~. --
(1) To assist the state board and the process for improving education council in the operation of a system of education performance audits that will enable them to evaluate whether a thorough and efficient education is being provided, and to assist the state board in making determinations regarding the accreditation status of schools and the approval status of school systems, the state board shall establish an office of education performance audits which shall be operated under the direction of the state board independently of the functions and supervision of the state department of education and state superintendent. The office of education performance audits shall report directly to and be responsible to the state board in carrying out its duties under the provisions of this section.
(2) The office shall be headed by a director who shall be appointed by the state board and who shall serve at the will and pleasure of the state board. The salary of the director shall not exceed the salary of the state superintendent of schools.
(3) The state board shall organize and sufficiently staff the office to fulfill the duties assigned to it by law and by the state board. Employees of the state department of education who are transferred to the office of education performance audits retain their benefit and seniority status with the department of education.
(4) Under the direction of the state board, the office of education performance audits shall receive from the West Virginia education information system staff research and analysis data on the performance and progress of students, schools and school systems, and shall receive assistance, as determined by the state board, from staff at the state department of education, the regional education service agencies, the center for professional development, the principals academy and the state school building authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it by the state board or by statute, the office of education performance audits also shall:
(A) Assure that all statewide assessments of student performance are secure as required in section one-a of this article;
(B) Administer all accountability measures as assigned by the state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the approval of school systems. These processes shall focus on those measurable criteria related to student performance and progress and to the delivery of instruction which will enable student performance and progress; and
(ii) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the Legislature and the state board, and recommend to the school, the school system, the state board and the process for improving education council, plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity to establish and maintain a thorough and efficient system of schools, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the state board and the process for improving education council;
(E) Determine, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the Legislature and the state board, and make recommendations to the state board, the process for improving education council, the center for professional development, the regional educational service agencies, the higher education policy commission, and the county boards;
(F) Identify, in conjunction with the assessment and accountability processes, exemplary schools and school systems and best practices that improve student, school and school system performance, and make recommendations to the state board and the process for improving education council for recognizing and rewarding exemplary schools and school systems and promoting the use of best practices. The state board shall provide information on best practices to county school systems and shall use information identified through the assessment and accountability processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which shall be used by the appropriate administrative personnel in schools and school systems to document compliance with various of the applicable laws, policies and process standards as considered appropriate and approved by the state board, including, but not limited to, compliance with limitations on the number of pupils per teacher in a classroom and the number of split grade classrooms. Information contained in the reporting formats shall be examined during an on-site review to determine compliance with laws, policies and standards. Intentional and grossly negligent reporting of false information is ground for dismissal.

(j) On-site reviews. --

(1) The system of education performance audits shall include on-site reviews of schools and school systems which shall be conducted at the direction of the state board or by weighted selection by the education performance ~~audits~~ audit panel to give priority for an on-site review of schools and school systems whose performance on the annual performance measures and other information reviewed by the panel indicates that a review is warranted and to those schools and school systems which have not had a recent on-site review. An on-site review shall be conducted ~~by the office of education performance audits~~ of any school or school system for purposes, including, but not limited to, the following:

(A) Verifying data reported by the school or county board;

(B) Documenting compliance with policies and laws;

(D) Investigating official complaints submitted to the state board that allege serious impairments in the quality of education in schools or school systems;

(E) Investigating official complaints submitted to the state board that allege that a school or county board is in violation of policies or laws under which schools and county boards operate; and

(F) Determining and reporting whether required reviews and inspections have been conducted by the appropriate agencies, including, but not limited to, the state fire marshal, the health department, the school building authority and the responsible divisions within the department of education, and whether noted deficiencies have been or are in the process of being corrected. ~~The office of education performance audits~~ An education performance audit may not conduct a duplicate review or inspection of any compliance reviews or inspections conducted by the department or its agents or other duly authorized agencies of the state, nor may ~~mandate~~ more stringent compliance measures be mandated.

(2) The selection of schools and school systems for an on-site review shall use a weighted sample so that those with lower performance and progress indicators have a greater likelihood of being selected. The director of the office of education performance audits The state superintendent shall notify the county superintendent of schools five school days prior to commencing an on-site review of the county school system and shall notify both the county superintendent and the principal five school days prior to commencing an on-site review of an individual school: Provided, That the state board may direct ~~the office of education performance audits to conduct~~ an unannounced on-site review of a school or school system to be conducted if the state board believes circumstances warrant an unannounced on-site review.

(3) ~~The office of education performance audits may conduct~~ On-site reviews may be conducted which are limited in scope to specific areas in addition to full reviews which cover all areas.

(4) An on-site review of a school or school system shall ~~include~~ be conducted by a person or persons from the department of education or a public education agency in the state who is designated by the education performance audit panel and who has expert knowledge and experience in the area or areas to be reviewed. ~~and who is designated by the state board from the department of education and the agencies responsible for assisting the office.~~ If the size of the school or school system being reviewed necessitates the use of an on-site review team or teams, the person or persons designated by the ~~state board shall advise and assist the director to appoint the team or teams. The person or persons designated by the state board~~ panel shall be the team leaders.

The persons designated by the ~~state board~~ panel shall be responsible for completing the report on the findings and recommendations of the on-site review in their area of expertise. It is the intent of the Legislature that the persons designated by the state board participate in all on-site reviews that involve their area of expertise to the extent practicable so that the on- site review process will evaluate compliance with the standards in a uniform, consistent and expert manner.

(5) ~~The office of education performance audits shall reimburse~~ A county board shall be reimbursed by the department for the costs of substitutes required to replace county board employees while they are serving on a review team.

(6) At the conclusion of an on-site review of a school system, the ~~director and~~ team leaders shall hold an exit conference with the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining to their respective schools. In the case of an on-site review of a school, the exit conference shall be held with the principal and the superintendent shall be provided the opportunity to be present.

(7) The report on the findings of an on-site review shall be submitted to the county superintendent and the principals whose schools were reviewed within thirty days following the conclusion of the on-site review. The ~~office of education performance audits~~ education performance audit panel shall report the findings of ~~the~~ an on-site ~~reviews~~ review to the state board within forty-five days after the conclusion of the on-site review for inclusion in the evaluation and determination of a school's or county board's accreditation or approval status as applicable. The report on the findings of an on-site review shall be submitted to the state board within thirty days following the conclusion of the on-site review and to the county superintendent and principals of schools within the reviewed school system within forty-five days following the conclusion of the on-site review. A copy of the report shall be provided to the process for improving education council.

~~(j)~~ (k) School accreditation. -- The state board annually shall review the information from the system of education performance audits submitted for each school and shall issue to every school one of the following approval levels: Exemplary accreditation status, full accreditation status, temporary accreditation status, conditional accreditation status, or seriously impaired status.

(1) Full accreditation status shall be given to a school when the school's performance and progress on the standards adopted by the state board pursuant to ~~subsections (c) and (d) of~~ this section are at a level which would be expected when all of the high quality education standards are being met. A school which meets or exceeds the measures of student performance and progress set forth in ~~subsection (d)~~ subsection (f) of this section, and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board, shall remain on full accreditation status for ~~six months following an on-site review in which other deficiencies are noted. The school~~ the remainder of the accreditation period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.

(2) Temporary accreditation status shall be given to a school when the measure of the school's performance and progress is below the level required for full accreditation status. Whenever a school is given temporary accreditation status, the county board shall ensure that the school's unified improvement plan is revised to increase the performance and progress of the school to a full accreditation status level. The revised unified school improvement plan shall include ~~objectives, a time line, a plan for evaluation of the success of the improvements, cost estimates, and a date certain for achieving full accreditation~~ the standard or standards upon which performance and progress is not met, a separate time line and objectives for improvement to meet each standard, a date certain upon which each standard will be met, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the standard or standards. The revised plan shall be submitted to the state board for approval.

(3) Conditional accreditation status shall be given to a school when the school's performance and progress on the standards adopted by the state board are below the level required for full accreditation, but the school's unified improvement plan meets the following criteria:

(i) The plan has been revised ~~to achieve full accreditation status by a date certain~~ to improve performance and progress on the standard or standards by a date or dates certain ;

(ii) The plan has been approved by the state board; and

(iii) The school is meeting the objectives and time line specified in the revised plan.

(4) Exemplary accreditation status shall be given to a school when the school's performance and progress on the standards adopted by the state board pursuant to ~~subsections (c) and (d) of~~ this section substantially exceed the minimal level which would be expected when all of the high quality education standards are being met. The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a, designated to establish standards of performance and progress to identify exemplary schools.

(5) Seriously impaired accreditation status shall be given to a school ~~The state board shall establish and adopt standards of performance and progress to identify seriously impaired schools and the state board may declare a school seriously impaired~~ whenever extraordinary circumstances exist as defined by the state board.

(A) These circumstances shall include, but are not limited to, the following:

(i) The failure of a school on temporary accreditation status to obtain approval of its revised unified school improvement plan within a reasonable time period as defined by the state board;

(ii) The failure of a school on conditional accreditation status to meet the objectives and time line of its revised unified school improvement plan; or

(iii) The failure of a school to ~~achieve full accreditation~~ meet a standard by the date specified in the revised plan.

(B) Whenever the state board determines that the quality of education in a school is seriously impaired, the state board shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correction of the impairment. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the impairment as determined by the state board is not made within six months from the time the county board receives the recommendations, the state board shall place the county board on temporary approval status and provide consultation and assistance to the county board to assist it in the following areas:

(i) Improving personnel management;

(ii) Establishing more efficient financial management practices;

(iii) Improving instructional programs and rules; or

(iv) Making any other improvements that are necessary to correct the impairment.

(i) The state board shall appoint a monitor who shall be paid at county expense to cause improvements to be made at the school to bring it to full accreditation status within a reasonable time period as determined by the state board. The monitor's work location shall be at the school and the monitor shall work collaboratively with the principal. The monitor shall, at a minimum, report monthly to the state board on the measures being taken to improve the school's performance and the progress being made. The reports may include requests for additional assistance and recommendations required in the judgment of the monitor to improve the school's performance, including, but not limited to, the need for targeting resources strategically to eliminate deficiencies;

(ii) The state board may make a determination, in its sole judgment, that the improvements necessary to provide a thorough and efficient education to the students at the school cannot be made without additional targeted resources, in which case, it shall establish a plan in consultation with the county board that includes targeted resources from sources under the control of the state board and the county board to accomplish the needed improvements. Nothing in this subsection shall be construed to allow a change in personnel at the school to improve school performance and progress, except as provided by law;

(iii) If the impairment is not corrected within one year after the appointment of a monitor, the state board may make a determination, in its sole judgment, that continuing a monitor arrangement is not sufficient to correct the impairment and may intervene in the operation of the school to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, establishing instructional programs, taking such direct action as may be necessary to correct the impairments, declaring the position of principal is vacant and assigning a principal for the school who shall serve at the will and pleasure of and, under the sole supervision of, the state board: Provided, That prior to declaring that the position of the principal is vacant, the state board must make a determination that all other resources needed to correct the impairment are present at the school. If the principal who was removed elects not to remain an employee of the county board, then the principal assigned by the state board shall be paid by the county board. If the principal who was removed elects to remain an employee of the county board, then the following procedure applies:

(I) The principal assigned by the state board shall be paid by the state board until the next school term, at which time the principal assigned by the state board shall be paid by the county board;

(II) The principal who was removed shall be placed on the preferred recall list for all positions in the county for which the principal is certified, as defined in section seven, article four of this chapter, and may transfer to any teaching position in the county for which the principal is certified and has seniority; and

(III) The principal who was removed shall be paid by the county board and may be assigned to administrative duties, without the county board being required to post that position until the end of the school term;

(6) The county board shall take no action nor refuse any action if the effect would be to impair further the school in which the state board has intervened.

(7) The state board may appoint a monitor pursuant to the provisions of this subsection to assist the school principal after intervention in the operation of a school is completed.

~~(k)~~ (l) Transfers from seriously impaired schools. -- Whenever a school is determined to be seriously impaired and fails to improve its status within one year following state intervention in the operation of the school to correct the impairment, any student attending the school may transfer once to the nearest fully accredited school in the county, subject to approval of the fully accredited school and at the expense of the school from which the student transferred.

~~(l)~~ (m) School system approval. -- The state board annually shall review the information submitted for each school system from the system of education performance audits and issue one of the following approval levels to each county board: Full approval, temporary approval, conditional approval, or nonapproval.

(1) Full approval shall be given to a county board whose education system meets or exceeds all of the high quality standards for student, school and school system performance, progress and processes adopted by the state board and whose schools have all been given full, temporary or conditional accreditation status. A school system which meets or exceeds the measures of student performance and progress set forth in ~~subsection (d)~~ subsection (f) of this section, and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board, shall remain on full accreditation status for ~~six months following an on-site review in which other deficiencies are noted. The school~~ the remainder of the approval period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.

(2) Temporary approval shall be given to a county board whose education system is below the level required for full approval. Whenever a county board is given temporary approval status, the county board shall revise its unified county improvement plan to increase the performance and progress of the school system to a full approval status level. The revised plan shall include ~~objectives, a time line, a plan for evaluation of the success of the improvements, a cost estimate, and a date certain for achieving full approval~~ the standard or standards upon which performance and progress is not met, a separate time line and objectives for improvement to meet each standard, a date certain upon which each standard will be met, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the standard or standards. The revised plan shall be submitted to the state board for approval.

(3) Conditional approval shall be given to a county board whose education system is below the level required for full approval, but whose unified county improvement plan meets the following criteria:

(i) The plan has been revised to ~~achieve full approval status by a date certain~~ improve performance and progress on the standard or standards by a date or dates certain ;

(ii) The plan has been approved by the state board; and

(iii) The county board is meeting the objectives and time line specified in the revised plan.

(4) Nonapproval status shall be given to a county board which fails to submit and gain approval for its unified county improvement plan or revised unified county improvement plan within a reasonable time period as defined by the state board or which fails to meet the objectives and time line of its revised unified county improvement plan or fails to achieve full approval by the date specified in the revised plan.

(A) The state board shall establish and adopt additional standards to identify school systems in which the program may be nonapproved and the state board may issue nonapproval status whenever extraordinary circumstances exist as defined by the state board.

(B) Whenever a county board has more than a casual deficit, as defined in section one, article one of this chapter, the county board shall submit a plan to the state board specifying the county board's strategy for eliminating the casual deficit. The state board either shall approve or reject the plan. If the plan is rejected, the state board shall communicate to the county board the reason or reasons for the rejection of the plan. The county board may resubmit the plan any number of times. However, any county board that fails to submit a plan and gain approval for the plan from the state board before the end of the fiscal year after a deficit greater than a casual deficit occurred or any county board which, in the opinion of the state board, fails to comply with an approved plan may be designated as having nonapproval status.

(C) Whenever nonapproval status is given to a school system, the state board shall declare a state of emergency in the school system and shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the emergency. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the emergency, as determined by the state board, is not made within six months from the time the county board receives the recommendations, the state board shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, the following:

(i) Limiting the authority of the county superintendent and county board as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the state board by rule, which may include delegating decision-making authority regarding these matters to the state superintendent;

(ii) Declaring that the office of the county superintendent is vacant;

(iii) Delegating to the state superintendent both the authority to conduct hearings on personnel matters and school closure or consolidation matters and, subsequently, to render the resulting decisions, and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the state superintendent the authority to render the resulting decisions; and

(iv) Taking any direct action necessary to correct the emergency including, but not limited to, the following:

(I) Delegating to the state superintendent the authority to replace administrators and principals in low performing schools and to transfer them into alternate professional positions within the county at his or her discretion; and

(II) Delegating to the state superintendent the authority to fill positions of administrators and principals with individuals determined by the state superintendent to be the most qualified for the positions. Any authority related to intervention in the operation of a county board granted under this paragraph is not subject to the provisions of article four, chapter eighteen-a of this code;

~~(m)~~ (n) Notwithstanding any other provision of this section, the state board may intervene immediately in the operation of the county school system with all the powers, duties and responsibilities contained in subsection ~~(l)~~ (m) of this section, if the state board finds the following:

(1) That the conditions precedent to intervention exist as provided in this section; and that delaying intervention for any period of time would not be in the best interests of the students of the county school system; or

(2) That the conditions precedent to intervention exist as provided in this section and that the state board had previously intervened in the operation of the same school system and had concluded that intervention within the preceding five years.

~~(n)~~ (o) Capacity. -- The process for improving education includes a process for targeting resources strategically to improve the teaching and learning process. Development of unified school and school system improvement plans, pursuant to subsection ~~(b)~~ (h) of this section, is intended, in part, to provide mechanisms to target resources strategically to the teaching and learning process to improve student, school and school system performance. When deficiencies are detected through the assessment and accountability processes, the revision and approval of school and school system unified improvement plans shall ensure that schools and school systems are efficiently using existing resources to correct the deficiencies. When the state board determines that schools and school systems do not have the capacity to correct deficiencies, the state board shall work with the county board to develop or secure the resources necessary to increase the capacity of schools and school systems to meet the standards and, when necessary, seek additional resources in consultation with the Legislature and the governor.

The state board shall recommend to the appropriate body including, but not limited to, the process for improving education council, the Legislature, county boards, schools and communities methods for targeting resources strategically to eliminate deficiencies identified in the assessment and accountability processes. When making determinations on recommendations, the state board shall include, but is not limited to, the following methods:

(1) Examining reports and unified improvement plans regarding the performance and progress of students, schools and school systems relative to the standards and identifying the areas in which improvement is needed;

(2) Determining the areas of weakness and of ineffectiveness that appear to have contributed to the substandard performance and progress of students or the deficiencies of the school or school system;

(3) Determining the areas of strength that appear to have contributed to exceptional student, school and school system performance and progress and promoting their emulation throughout the system;

(4) Requesting technical assistance from the school building authority in assessing or designing comprehensive educational facilities plans;

(5) Recommending priority funding from the school building authority based on identified needs;

(6) Requesting special staff development programs from the center for professional development, the principals academy, higher education, regional educational service agencies and county boards based on identified needs;

(7) Submitting requests to the Legislature for appropriations to meet the identified needs for improving education;

(8) Directing county boards to target their funds strategically toward alleviating deficiencies;

(9) Ensuring that the need for facilities in counties with increased enrollment are appropriately reflected and recommended for funding;

(10) Ensuring that the appropriate person or entity is held accountable for eliminating deficiencies; and

(11) Ensuring that the needed capacity is available from the state and local level to assist the school or school system in achieving the standards and alleviating the deficiencies.

§18-2E-5c. Process for improving education council established; membership; expenses; meetings; powers.

(a) Process for improving education council. -- There is hereby established the process for improving education council for the purpose of providing opportunities for consultation among state policy leaders on the process for improving education, including, but not limited to, determination of the things that students should know and be able to do as the result of a thorough and efficient education, the performance and progress of students toward meeting the high quality standards established by the state board, and any further improvements necessary to increase the capacity of schools and school systems to deliver a thorough and efficient education.

(b) Council membership. -- The legislative oversight commission on education accountability, together with the governor, ex officio, or the governor's designee, and the chancellor of the higher education policy commission, ex officio, or the chancellor's designee, comprise the process for improving education council. Ex officio members are entitled to vote. The governor or the governor's designee shall convene the council, as appropriate, and shall serve as chair. The council may meet at any time at the call of the governor or the governor's designee.

(c) Compensation. -- Members of the council shall serve without compensation, but shall be reimbursed as provided by law by their respective agencies for all reasonable and necessary expenses actually incurred in the performance of their official duties under this section upon presentation of an itemized sworn statement of their expenses.

(d) Powers of the council. --

The council has the following powers:

(1) To meet and consult with the state board, or their designees, and make recommendations on issues related to student, school and school system performance. The following steps are part of the consultation process:

(A) The state board shall notify each member of the council whenever the state board proposes to amend its rules on any of the following issues:

(i) High quality education standards and efficiency standards established pursuant to section five of this article;

(ii) Indicators of efficiency established pursuant to section five of this article; and

(iii) Assessment and accountability of school and school system performance and processes established pursuant to section five of this article.

(B) The notice to be given pursuant to paragraph (A) of this subdivision shall contain a summary and explanation of the proposed changes, including a draft of the proposal when available, and shall be sent at least fifteen days prior to filing the proposal with the secretary of state for public comment.

~~(B)~~ (C) If the governor, or the governor's designee, believes it is necessary for the council to meet and consult with the state board, or its designees, on changes proposed to any of the issues outlined in subdivision (1) of this subsection, he or she may convene a meeting of the council.

~~(C)~~ (D) If both the president of the Senate and the speaker of the House of Delegates believe it is necessary for the council to meet and consult with the state board, or its designees, they shall notify the governor who shall convene a meeting of the council.

~~(D)~~ (E) If the chancellor, or the chancellor's designee, believes that it is necessary for the council to meet and consult with the state board, or its designees, he or she may request the governor to convene a meeting of the council.

(2) To require the state board, or its designees, to meet with the council to consult on issues that lie within the scope of the council's jurisdiction;

(3) To participate as observers in any on-site review of a school or school system conducted by the office of education performance audits; and

(4) To authorize any employee of the agencies represented by council members to participate as observers in any on-site review of a school or school system conducted by the office of education performance audits.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.