SENATE CONCURRENT RESOLUTION NO. 59
(By Senators Plymale and Edgell)
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(Originating in the Committee on Education, reported March 6, 2003)
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Requesting the Legislative Oversight Commission on Education
Accountability study the duties, roles and operations of the
Office of Education Performance Audits.
Whereas, As the constitutional body charged with providing for
a thorough and efficient system of schools, the Legislature created
the Office of Education Performance Audits within the State Board
of Education in Enrolled Committee Substitute for House Bill No.
4306 during the regular session of the Legislature, one thousand
nine hundred ninety-eight; and
Whereas, The Legislature created the Office of Education
Performance Audits to assist the State Board of Education in the
operation of a system of education performance audits to enable the
State Board to determine 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; and
Whereas, Federal law known as the No Child Left Behind Act,
which was passed by the United States Congress in two thousand two, outlines more stringent measures of assessment and accountability
for education in West Virginia and other states; and
Whereas, The case of Tomblin, et. al. v. Gainer, et. al. has
declared that the system of education in West Virginia is
constitutional because of the efforts of the Legislature and the
State Board of Education to be more accountable and equitable, due
largely to the creation and implementation of the Office of
Education Performance Audits; and
Whereas, The Legislature finds that as the trend in education
across the United States and West Virginia continues to move away
from an inputs-based model of education to a system that is
comprised of measurable and accountable performance, the roles and
duties of the Office of Education Performance Audits change to meet
the new accountability needs of education in West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Education
Accountability is hereby requested to study the
duties, roles and
operations of the Office of Education Performance Audits
; and, be
it
Further Resolved, That the study shall include, but is not
limited to, consideration of the following areas:
(1) Reviewing the current operations of the Office of
Education Performance Audits;
(2) Reviewing how well the Office of Education Performance
Audits works with other agencies to avoid duplicating oversight of
common areas of inspection and review;
(3) Reviewing and determining the role and duties of the
Office of Education Performance Audits that were instrumental in
persuading the court of its value to our system of thorough and
efficient education and determining how to maintain the role and
duties in light of other recommendations;
(4) Comparing the duties and performance of the Office of
Education Performance Audits to agencies across the country with
similar responsibilities, especially such agencies in the member
states of the Southern Regional Education Board;
(5) Soliciting the assistance of the Education Commission of
the States, the National Conference of State Legislatures and the
Southern Regional Education Board in the study;
(6) Considering the establishment of a process for appeal of
alleged standards violations; and
(7) Determining the appropriate organizational structure and
operating procedures for the Office of Education Performance Audits
in the future; and, be it
Further Resolved, That the Legislative Oversight Commission on
Education Accountability report to the regular session of the
Legislature, 2004, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.