H. B. 4001
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 14, 2004; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-5-15f of the code of West Virginia,
1931, as amended; to amend and reenact §18-5A-5 of said code;
to amend said code by adding thereto a new section, designated
§18-5A-7; to amend and reenact §18-29-5 of said code; to amend
and reenact §18A-2-3 of said code; to amend and reenact
§18A-3-2b of said code; to amend said code by adding thereto
a new section, designated §18A-3-11; to amend and reenact
§18A-4-2a of said code; to amend said code by adding thereto
a new section, designated §18A-4-21; to amend and reenact
§18A-5-1 and §18A-5-1a of said code; to amend said code by
adding thereto a new article, designated §18A-8-1, §18A-8-2,
§18A-8-3 and §18A-8-4, all relating to automation of
suspension and expulsion data; selection of mentors for
beginning teachers; creation of county faculty senates;
addition of classified employees to the education and state employees grievance board; preferences related to substitute
teacher assignments; selection of professional support team of
the beginning teacher internship program; designation of
county coordinators of national board certification; increase
to the salary bonus for classroom teachers with national board
certification; free admission to athletic events for school
personnel; appeals of principals' disciplinary decisions;
compilation of student disciplinary history; and creation of
the paperwork reduction advisory council.
Be it enacted by the Legislature of West Virginia:
That §18-5-15f of the code of West Virginia,1931, as amended,
be amended and reenacted; that §18-5A-5 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18-5A-7; that §18-29-5 of said code be amended
and reenacted; that §18A-2-3 of said code be amended and reenacted;
that §18A-3-2b of said code be amended and reenacted; that said
code be amended by adding thereto a new section, designated
§18A-3-11; that §18A-4-2a of said code be amended and reenacted;
that said code be amended by adding thereto a new section,
designated §18A-4-21; that §18A-5-1 and §18A-5-1a of said code be
amended and reenacted; that said code be amended by adding thereto
a new article, designated §18A-8-1, §18A-8-2, §18A-8-3 and
§18A-8-4, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-15f. Affirmation regarding the suspension or expulsion of a
pupil from school.
(a) Prior to the admission of a pupil to any public school in
West Virginia, the county superintendent shall require the pupil's
parent(s), guardian(s) or custodian(s) to provide, upon
registration, a sworn statement or affirmation indicating whether
the student is, at the time, under suspension or expulsion from
attendance at a private or public school in West Virginia or
another state. Any person willfully making a materially false
statement or affirmation shall be guilty of a misdemeanor and, upon
conviction, the penalty shall be the same as provided for "false
swearing" pursuant to section three, article five, chapter
sixty-one of this code.
(b) Prior to the admission of a pupil to any public school,
the principal of that school or his or her designee shall consult
the uniform integrated regional computer information system
(commonly known as the West Virginia Education Information System)
described in subsection (f), section twenty-six, article two,
chapter eighteen of this code, to determine whether the pupil
requesting admission is, at the time of the request for admission,
serving a suspension or expulsion from another public school in
West Virginia.
(c) The state board of education shall provide for the West Virginia Education Information System to disallow the recording of
the enrollment of any pupil who is, at the time of attempted
enrollment, serving a suspension or expulsion from another public
school in West Virginia, and for that system to notify the user who
has attempted to record such enrollment that the pupil may not be
enrolled, and to notify that user of the reason therefor.
(b) (d) Notwithstanding any other provision of this code to
the contrary, any pupil who has been suspended or expelled from
school pursuant to section one-a, article five, chapter eighteen-a
of this code, or who has been suspended or expelled from a public
or private school in another state, due to actions described in
section one-a, article five, chapter eighteen-a of this code, may
not be admitted to any public school within the state of West
Virginia until the period of suspension or expulsion has expired.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-5. Public school faculty senates established; election of
officers; powers and duties.
(a) There is established at every public school in this state
a faculty senate which is comprised of all permanent, full-time
professional educators employed at the school who shall all be
voting members. Professional educators, as used in this section,
means professional educators as defined in chapter eighteen-a of
this code. A quorum of more than one half of the voting members of
the faculty shall be present at any meeting of the faculty senate at which official business is conducted. Prior to the beginning of
the instructional term each year, but within the employment term,
the principal shall convene a meeting of the faculty senate to
elect a chair, vice chair and secretary and discuss matters
relevant to the beginning of the school year. The vice chair shall
preside at meetings when the chair is absent. Meetings of the
faculty senate shall be held during the times provided in
accordance with subdivision (12), subsection (b) of this section as
determined by the faculty senate. Emergency meetings may be held
during noninstructional time at the call of the chair or a majority
of the voting members by petition submitted to the chair and vice
chair. An agenda of matters to be considered at a scheduled
meeting of the faculty senate shall be available to the members at
least two employment days prior to the meeting. For emergency
meetings the agenda shall be available as soon as possible prior to
the meeting. The chair of the faculty senate may appoint such
committees as may be desirable to study and submit recommendations
to the full faculty senate, but the acts of the faculty senate
shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by
law, or authorized by policies adopted by the state or county board
of education or bylaws which may be adopted by the faculty senate
not inconsistent with law, the powers and duties listed in this
subsection are specifically reserved for the faculty senate. The intent of these provisions is neither to restrict nor to require
the activities of every faculty senate to the enumerated items
except as otherwise stated. Each faculty senate shall organize its
activities as it deems most effective and efficient based on school
size, departmental structure and other relevant factors.
(1) Each faculty senate shall control funds allocated to the
school from legislative appropriations pursuant to section nine,
article nine-a of this chapter. From such funds, each classroom
teacher and librarian shall be allotted fifty dollars for
expenditure during the instructional year for academic materials,
supplies or equipment which, in the judgment of the teacher or
librarian, will assist him or her in providing instruction in his
or her assigned academic subjects or shall be returned to the
faculty senate:
Provided, That nothing contained herein prohibits
the funds from being used for programs and materials that, in the
opinion of the teacher, enhance student behavior, increase academic
achievement, improve self-esteem and address the problems of
students at-risk. The remainder of funds shall be expended for
academic materials, supplies or equipment in accordance with a
budget approved by the faculty senate. Notwithstanding any other
provisions of the law to the contrary, funds not expended in one
school year are available for expenditure in the next school year:
Provided, however, That the amount of county funds budgeted in a
fiscal year may not be reduced throughout the year as a result of the faculty appropriations in the same fiscal year for such
materials, supplies and equipment. Accounts shall be maintained of
the allocations and expenditures of such funds for the purpose of
financial audit. Academic materials, supplies or equipment shall
be interpreted broadly, but does not include materials, supplies or
equipment which will be used in or connected with interscholastic
athletic events.
(2) A faculty senate may establish a process for faculty
members to interview new prospective professional educators and
paraprofessional employees at the school and submit recommendations
regarding employment to the principal, who may also make
independent recommendations, for submission to the county
superintendent:
Provided, That such process shall be chaired by
the school principal and must permit the timely employment of
persons to perform necessary duties.
(3) A faculty senate may nominate teachers for recognition as
outstanding teachers under state and local teacher recognition
programs and other personnel at the school, including parents, for
recognition under other appropriate recognition programs and may
establish such programs for operation at the school.
(4) A faculty senate may submit recommendations to the
principal regarding the assignment scheduling of secretaries,
clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the principal regarding establishment of the master curriculum schedule
for the next ensuing school year.
(6) A faculty senate may establish a process for the review
and comment on sabbatical leave requests submitted by employees at
the school pursuant to section eleven, article two of this chapter.
(7) Each faculty senate shall elect three faculty
representatives to the local school improvement council established
pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election to
the county staff development council pursuant to section eight,
article three, chapter eighteen-a of this code.
(9) Each faculty senate shall
have an opportunity to make
recommendations on the selection of select faculty to serve as
mentors for beginning teachers under beginning teacher internship
programs at the school.
(10) A faculty senate may solicit, accept and expend any
grants, gifts, bequests, donations and any other funds made
available to the faculty senate:
Provided, That the faculty senate
shall select a member who has the duty of maintaining a record of
all funds received and expended by the faculty senate, which record
shall be kept in the school office and is subject to normal
auditing procedures.
(11) Any faculty senate may review the evaluation procedure as
conducted in their school to ascertain whether the evaluations were conducted in accordance with the written system required pursuant
to section twelve, article two, chapter eighteen-a of this code and
the general intent of this Legislature regarding meaningful
performance evaluations of school personnel. If a majority of
members of the faculty senate determine that such evaluations were
not so conducted, they shall submit a report in writing to the
state board of education:
Provided, That nothing herein creates
any new right of access to or review of any individual's
evaluations.
(12) A local board shall provide to each faculty senate a
two-hour block of time for a faculty senate meeting on a day
scheduled for the opening of school prior to the beginning of the
instructional term, and a two-hour block of time on each
instructional support and enhancement day scheduled by the board
for instructional activities for students and professional
activities for teachers pursuant to section forty-five, article
five of this chapter. A faculty senate may meet for an unlimited
block of time per month during noninstructional days to discuss and
plan strategies to improve student instruction and to conduct other
faculty senate business. A faculty senate meeting scheduled on a
noninstructional day shall be considered as part of the purpose for
which the noninstructional day is scheduled. This time may be
utilized and determined at the local school level and includes, but
is not limited to, faculty senate meetings.
(13) Each faculty senate shall develop a strategic plan to
manage the integration of special needs students into the regular
classroom at their respective schools and submit the strategic plan
to the superintendent of the county board of education periodically
pursuant to guidelines developed by the state department of
education. Each faculty senate shall encourage the participation
of local school improvement councils, parents and the community at
large in developing the strategic plan for each school.
Each strategic plan developed by the faculty senate shall
include at least: (A) A mission statement; (B) goals; (C) needs;
(D) objectives and activities to implement plans relating to each
goal; (E) work in progress to implement the strategic plan; (F)
guidelines for placing additional staff into integrated classrooms
to meet the needs of exceptional needs students without diminishing
the services rendered to the other students in integrated
classrooms; (G) guidelines for implementation of collaborative
planning and instruction; and (H) training for all regular
classroom teachers who serve students with exceptional needs in
integrated classrooms.
§18-5A-7. Establishment of county faculty senates.
(a) There is established in every county in this state a
county faculty senate, which shall be comprised of the chairs of
each public school faculty senate in the county, all of whom shall
be voting members. Members of the county faculty senate, shall elect a chair, vice chair and secretary at their first meeting of
the school year.
(b) The purpose of the county faculty senate shall be to
provide members with periodic opportunities to meet as a group and
with the county superintendent and members of the county board of
education to discuss issues common to teachers in all county
schools.
(c) The county superintendent shall meet with county faculty
senate members at least once each year.
ARTICLE 29. GRIEVANCE PROCEDURE.
§18-29-5. Education and state employees grievance board; hearing
examiners.
(a) The education and state employees grievance board shall
consist of
three five members.
(1) Three members shall be who are citizens of the state
appointed by the governor by and with the advice and consent of the
Senate for overlapping terms of three years. No two members may be
from the same congressional district, and no more than two of the
appointed members may be from the same political party. No person
may be appointed
to membership on the board who is a member of any
political party executive committee or holds any other public
office or public employment under the federal government or under
the government of this state.
(2) Two members shall be classified employees, one from education and the other from government, appointed by the governor
by and with the advice and consent of the Senate for overlapping
terms of two years.
(b) Members are eligible for reappointment, and any vacancy on
the board shall be filled within thirty days of the vacancy by the
governor by appointment for the unexpired term.
(c) A member of the board may not be removed from office
except for official misconduct, incompetence, neglect of duty,
gross immorality or malfeasance, and then only in the manner
prescribed in article six, chapter six of this code for the removal
by the governor of the state elected officers.
(d) The board shall hold at least two meetings yearly at times
and places as it may prescribe and may meet at other times as may
be necessary, the other meetings to be agreed to in writing by at
least two of the members. The compensation for members of the
board is seventy-five dollars for each calendar day devoted to the
work of the board, but not more than seven hundred fifty dollars
during any one fiscal year. Each member shall be reimbursed for
all reasonable and necessary expenses actually incurred in the
performance of board duties, but shall submit a request for
reimbursement upon a sworn itemized statement.
(e) The board shall administer the grievance procedure at
levels two, three and four, as provided in section five, article
six-a, chapter twenty-nine of this code, and as provided for in section four of this article and shall employ at least two
full-time hearing examiners on an annual basis and clerical help as
is necessary to implement the legislative intent expressed in
section one of this article.
In addition to the authorization granted by this section over
education employees, the board has jurisdiction over the procedures
to be followed in processing grievances filed under article six-a,
chapter twenty-nine of this code.
(f) The board shall hire hearing examiners who reside in
different regional educational service agency areas unless and
until the number of hearing examiners exceeds the number of the
areas, at which time two hearing examiners may be from the same
area. If a grievant previously before a hearing examiner again
brings a grievance, a different hearing examiner is required to
hear the grievance upon written request therefor by any party to
the grievance. These hearing examiners serve at the will and
pleasure of the board.
(g) The board shall submit a yearly budget and shall report
annually to the governor and Legislature regarding receipts and
expenditures, number of level four hearings conducted, synopses of
hearing outcomes and other information as the board determines
appropriate. The board shall further evaluate on an annual basis
the level four grievance process and the performance of all hearing
examiners and include the evaluation in the annual report to the governor and Legislature. In making the evaluation, the board
shall notify all institutions, employee organizations and all
grievants participating in level four grievances in the year for
which evaluation is being made and shall provide for the submission
of written comment or the hearing of testimony regarding the
grievance process, or both. The board shall provide suitable
office space for all hearing examiners in space other than that
utilized by any institution as defined in section two of this
article and shall ensure that reference materials are generally
available.
(h) The board is authorized to promulgate rules consistent
with the provisions of this article; the rules shall be adopted in
accordance with chapter twenty-nine-a of this code.
(b) (i) Hearing examiners may consolidate grievances, allocate
costs among the parties in accordance with section eight of this
article, subpoena witnesses and documents in accordance with the
provisions of section one, article five, chapter twenty-nine-a of
this code, provide relief found fair and equitable in accordance
with the provisions of this article, and exercise other powers as
provides for the effective resolution of grievances not
inconsistent with any rules of the board or the provisions of this
article.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-3. Employment of substitute teachers and retired teachers
as substitutes in areas of critical need and
shortage; employment of prospective employable
professional personnel.
(a) The county superintendent, subject to approval of the
county board, may employ and assign substitute teachers to any of
the following duties: (a) To fill the temporary absence of any
teacher or an unexpired school term made vacant by resignation,
death, suspension or dismissal; (b) to fill a teaching position of
a regular teacher on leave of absence; and (c) to perform the
instructional services of any teacher who is authorized by law to
be absent from class without loss of pay, providing the absence is
approved by the board of education in accordance with the law. The
substitute shall be a duly certified teacher.
(b) Notwithstanding any other provision of this code to the
contrary, a substitute teacher who has been assigned as a classroom
teacher in the same classroom continuously for more than one half
of a grading period and whose assignment remains in effect two
weeks prior to the end of the grading period, shall remain in the
assignment until the grading period has ended, unless the principal
of the school certifies that the regularly employed teacher has
communicated with and assisted the substitute with the preparation
of lesson plans and monitoring student progress or has been
approved to return to work by his or her physician. For the purposes of this section, teacher and substitute teacher, in the
singular or plural, mean professional educator as defined in
section one, article one, of this chapter.
(c) When selecting from among eligible substitute teachers for
initial assignments, school administrators shall give first
priority to teachers who have been laid off and second priority to
teachers who are certified to teach in the classroom for which a
substitute teacher is sought.
(c) (d)(1) The Legislature hereby finds and declares that due
to a shortage of qualified substitute teachers, a compelling state
interest exists in expanding the use of retired teachers to provide
service as substitute teachers. The Legislature further finds that
diverse circumstances exist among the counties for the expanded use
of retired teachers as substitutes.
(2) A person receiving retirement benefits under the
provisions of article seven-a of this chapter or who is entitled to
retirement benefits during the fiscal year in which that person
retired may accept employment as a substitute teacher for an
unlimited number of days each fiscal year without affecting the
monthly retirement benefit to which the retirant is otherwise
entitled if the following conditions are satisfied:
(A) The county board adopts a policy recommended by the
superintendent to address areas of critical need and shortage;
(B) The policy provides for the employment of retired teachers as substitute teachers during the school year on an expanded basis
as provided in this subsection;
(C) The policy is effective for one school year only and is
subject to annual renewal by the county board;
(D) The state board approves the policy and the use of retired
teachers as substitute teachers on an expanded basis as provided in
this subsection; and
(E) Prior to employment of such substitute teacher beyond the
post-retirement employment limitations established by the
consolidated public retirement board, the superintendent of the
affected county submits to the consolidated public retirement
board, in a form approved by the retirement board, an affidavit
signed by the superintendent stating the name of the county, the
fact that the county has adopted a policy to employ retired
teachers as substitutes to address areas of critical need and
shortage and the name or names of the person or persons to be
employed pursuant to the policy.
(3) Any person who retires and begins work as a substitute
teacher within the same employment term shall lose those retirement
benefits attributed to the annuity reserve, effective from the
first day of employment as a retiree substitute in such employment
term and ending with the month following the date the retiree
ceases to perform service as a substitute.
(4) With respect to the expanded substitute service provided in this subsection, retired teachers employed as such substitutes
are considered day-to-day, temporary, part-time employees. The
substitutes are not eligible for additional pension or other
benefits paid to regularly employed employees and shall not accrue
seniority.
(5) Until this subsection is expired pursuant to subdivision
(6) of this subsection, the state board, annually, shall report to
the joint committee on government and finance prior to the first
day of February of each year. Additionally, a copy shall be
provided to the legislative oversight commission on education
accountability. The report shall contain information indicating
the effectiveness of the provisions of this subsection on expanding
the use of retired substitute teachers to address areas of critical
need and shortage.
(6) The provisions of this subsection shall expire on the
thirtieth day of June, two thousand three.
(d) (e)(1) Notwithstanding any other provision of this code to
the contrary, each year a county superintendent may employ
prospective employable professional personnel on a reserve list at
the county level subject to the following conditions:
(A) The county board adopts a policy to address areas of
critical need and shortage as identified by the state board. The
policy shall include authorization to employ prospective employable
professional personnel;
(B) The county board posts a notice of the areas of critical
need and shortage in the county in a conspicuous place in each
school for at least ten working days; and
(C) There are not any potentially qualified applicants
available and willing to fill the position.
(2) Prospective employable professional personnel may only be
employed from candidates at a job fair who have or will graduate
from college in the current school year or whose employment
contract with a county board has or will be terminated due to a
reduction in force in the current fiscal year.
(3) Prospective employable professional personnel employed are
limited to three full-time prospective employable professional
personnel per one hundred professional personnel employed in a
county or twenty-five full-time prospective employable professional
personnel in a county, whichever is less.
(4) Prospective employable professional personnel shall be
granted benefits at a cost to the county board and as a condition
of the employment contract as approved by the county board.
(5) Regular employment status for prospective employable
professional personnel may be obtained only in accordance with the
provisions of section seven-a, article four of this chapter.
(e) (f) The state board annually shall review the status of
employing personnel under the provisions of subsection (d) of this
section and annually shall report to the legislative oversight commission on education accountability on or before the first day
of November of each year. The report shall include, but not be
limited to, the following:
(A) The counties that participated in the program;
(B) The number of personnel hired;
(C) The teaching fields in which personnel were hired;
(D) The venue from which personnel were employed;
(E) The place of residency of the individual hired; and
(F) The state board's recommendations on the prospective
employable professional personnel program.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-2b. Beginning teacher internships.
(a) Every person to whom a professional teaching certificate
is awarded after the first day of January, one thousand nine
hundred ninety-two, shall successfully complete a beginning teacher
internship program under the provisions of this section, except
such persons who were awarded a professional teaching certificate
on the basis of at least five years teaching experience in another
state.
The beginning teacher internship program is a school-based
program intended to provide appropriate staff development
activities and supervision to beginning teachers to assure their
competency for licensure to teach in the public schools of this state. The beginning teacher internship program shall consist of
the following components:
(1) A professional support team comprised of the school
principal, who shall be the chair of the professional support team,
a member of the county professional staff development council and
an experienced classroom teacher
selected by the faculty senate at
the school who teaches the same or similar subject and grade level
as the beginning teacher and who shall serve as a mentor for the
beginning teacher;
(2) An orientation program to be conducted prior to the
beginning of the instructional term, but within the employment
term, supervised by the mentor teacher;
(3) The scheduling of joint planning periods for the mentor
and beginning teacher throughout the school year;
(4) Mentor observation of the classroom teaching skills of the
beginning teacher for at least one hour per week during the first
half of the school year and which may be reduced at the discretion
of the mentor to one hour every two weeks during the second half of
the school year;
(5) Weekly meetings between the mentor and the beginning
teacher at which the mentor and the beginning teacher discuss the
performance of the beginning teacher and any needed improvements,
which meetings may be reduced at the discretion of the mentor to
biweekly meetings during the second half of the school year;
(6) Monthly meetings of the professional support team to
discuss the performance of the beginning teacher which meetings may
include all mentor members of all professional support teams at the
school if helpful in the judgment of the participants;
(7) In-service professional development programs provided
through the professional development project of the center for
professional development for beginning teachers and for mentors
both of which will be held in the first half of the school year;
(8) The provision of necessary release time from regular
duties for the mentor teacher, as agreed to by the principal and
the mentor teacher, and a stipend of at least six hundred dollars
for the mentor teacher for duties as a mentor teacher; and
(9) A final evaluation of the performance of the beginning
teacher completed by the principal on a form developed by the state
board of education.
(b) The final evaluation form shall be submitted by the
principal to the county school superintendent and shall include one
of the following recommendations:
(1) Full professional status: A recommendation of full
professional status indicates that the beginning teacher has
successfully completed the internship program and in the judgment
of the principal has demonstrated competence as a professional
educator;
(2) Continuing internship status: A recommendation of continuing internship status indicates that in the judgment of the
principal the beginning teacher requires further supervision and
further employment in the district should be conditioned upon
successful completion of an additional year under a beginning
teacher internship program; or
(3) Discontinue employment: A recommendation to discontinue
employment indicates that in the judgment of the principal the
beginning teacher has completed two years of employment under
supervision in a beginning teacher internship program, has not
demonstrated competence as a professional educator and will not
benefit from further supervised employment in the district.
§18A-3-11. County coordinators of national board certification.
(a) The Legislature finds that certification by the national
board for professional teaching standards improves the quality of
teaching and learning. The Legislature also finds that the process
for pursuing certification can be difficult and confusing for
teachers.
(b) To assist teachers in pursuing certification by the
national board for professional teaching standards, each county
superintendent shall designate a coordinator for board
certification. The state board of education shall provide training
to coordinators.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2a. State minimum salary bonus for classroom teachers with national board certification.
(a) The Legislature hereby finds and declares that the
rigorous standards and processes for certification by the national
board for professional teaching standards (NBPTS) helps to promote
the quality of teaching and learning. Therefore, classroom
teachers in the public schools of West Virginia should be
encouraged to achieve national board certification through a
reimbursement of expenses and an additional salary bonus which
reflects their additional certification, to be paid in accordance
with the provisions of this section.
(b) One thousand dollars shall be paid annually to each
classroom teacher who holds a valid certificate issued by the
national board of professional teaching standards for the life of
the certification, but in no event more than ten years for any one
certification:
Provided, That beginning on the first day of July,
two thousand one, in lieu of the one thousand dollars, two thousand
five hundred dollars shall be paid annually to each classroom
teacher who holds a valid certificate issued by the national board
of professional teaching standards for the life of the
certification, but in no event more than ten years for any one
certification:
Provided, however, That beginning on the first day
of July, two thousand four, in lieu of the two thousand five
hundred dollars, three thousand five hundred dollars shall be paid
annually to each classroom teacher who holds a valid certificate issued by the national board of professional teaching standards for
the life of the certification, but in no event more than ten years
for any one certification.
(c) The payments: (i) Shall be in addition to any amounts
prescribed in the applicable state minimum salary schedule; (ii)
shall be paid in equal monthly installments; and (iii) shall be
considered a part of the state minimum salaries for teachers.
(d) One thousand dollars shall be paid for reimbursement once
to each teacher who enrolls in the program for the national board
for professional teaching standards certification and one thousand
dollars shall be paid for reimbursement once to each teacher who
completes the national board for professional teaching standards
certification. Effective the first day of July, two thousand one,
in lieu of the one thousand dollar payment for reimbursements,
one-half the certification fee shall be paid for reimbursement once
to each teacher who enrolls in the program for the national board
for professional teaching standards certification and one-half the
certification fee shall be paid for reimbursement once to each
teacher who completes the national board for professional teaching
standards certification. Teachers who achieve national board for
professional teaching standards certification may be reimbursed a
maximum of six hundred dollars for expenses actually incurred while
obtaining the national board for professional teaching standards
certification.
(e) The state board shall limit the number of teachers who
receive the initial reimbursements of the certification fees set
forth in subsection (d) to one hundred teachers annually.
Effective the first day of July, two thousand one, in lieu of the
limit of one hundred teachers annually, the state board shall limit
the number of teachers who receive the initial reimbursements of
the certification fees set forth in subsection (d) to two hundred
teachers annually. The state board shall establish selection
criteria for the teachers by the legislative rule required pursuant
to subsection (g) of this section.
(f) Subject to the provisions of subsection (e) of this
section, funding for reimbursement of the certification fee and
expenses actually incurred while obtaining the national board for
professional teaching standards certifications shall be
administered by the state department of education from an
appropriation established for that purpose by the Legislature. If
funds appropriated by the Legislature to accomplish the purposes of
this subsection are insufficient, the state department shall
prorate the reimbursements for expenses and shall request of the
Legislature, at its next regular session, funds sufficient to
accomplish the purposes of this subsection, including needed
retroactive payments.
(g) The state board shall promulgate legislative rules
pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.
§18A-4-21. Free admission to athletic events for school personnel.
School personnel shall not be charged a fee for admission to
interscholastic athletic events hosted by the public school at
which they are employed.
ARTICLE 5. AUTHORITY, RIGHTS, RESPONSIBILITY.
§18A-5-1. Authority of teachers and other school personnel;
exclusion of pupils having infectious diseases;
suspension or expulsion of disorderly pupils;
corporal punishment abolished.
(a) The teacher shall stand in the place of the parent(s),
guardian(s) or custodian(s) in exercising authority over the school
and shall have control of all pupils enrolled in the school from
the time they reach the school until they have returned to their
respective homes, except that where transportation of pupils is
provided, the driver in charge of the school bus or other mode of
transportation shall exercise such authority and control over the
children while they are in transit to and from the school.
(b) Subject to the rules of the state board of education, the
teacher shall exclude from the school any pupil or pupils known to
have or suspected of having any infectious disease, or any pupil or
pupils who have been exposed to such disease, and shall immediately
notify the proper health officer or medical inspector of such
exclusion. Any pupil so excluded shall not be readmitted to the school until such pupil has complied with all the requirements of
the rules governing such cases or has presented a certificate of
health signed by the medical inspector or other proper health
officer.
(c) The teacher shall have authority to exclude from his or
her classroom or school bus any pupil who is guilty of disorderly
conduct; who in any manner interferes with an orderly educational
process; who threatens, abuses or otherwise intimidates or attempts
to intimidate a school employee or a pupil; or who willfully
disobeys a school employee; or who uses abusive or profane language
directed at a school employee. Any pupil excluded shall be placed
under the control of the principal of the school or a designee. The
excluded pupil may be admitted to the classroom or school bus only
when the principal, or a designee, provides written certification
to the teacher that the pupil may be readmitted and specifies the
specific type of disciplinary action, if any, which was taken. If
the principal finds that disciplinary action is warranted, he or
she shall provide written and, if possible, telephonic notice of
such action to the parent(s), guardian(s) or custodian(s). When a
teacher excludes the same pupil from his or her classroom or from
a school bus three times in one school year, and after exhausting
all reasonable methods of classroom discipline provided in the
school discipline plan, the pupil may be readmitted to the
teacher's classroom only after the principal, teacher and, if possible, the parent(s), guardian(s) or custodian(s) of the pupil
have held a conference to discuss the pupil's disruptive behavior
patterns, and the teacher and the principal agree on a course of
discipline for the pupil and inform the parent(s), guardian(s) or
custodian(s) of the course of action. Thereafter, if the pupil's
disruptive behavior persists, upon the teacher's request, the
principal may, to the extent feasible, transfer the pupil to
another setting.
(d) A teacher shall have the right to appeal the decision of
a principal or his or her designee in a disciplinary action
initiated by the teacher under subsection (c) of this section to
the county superintendent or his or her designee.
(1) The teacher shall submit his or her appeal in writing and
shall provide the superintendent or his or her designee with a copy
of the principal's written communication of the type of
disciplinary action, if any, taken. The teacher shall provide the
principal with a copy of his or her appeal.
(2) The superintendent or his or her designee may conduct an
informal hearing; and shall provide the teacher, the principal, and
the pupil's parent(s), guardian(s), or custodian(s) with written
notice of his or her decision. The superintendent's decision shall
not be subject to appeal.
(3) Nothing in this subsection shall be construed to create a
right to appeal a principal's decision not made under subsection (c) of this section.
(d) (e) The Legislature finds that suspension from school is
not appropriate solely for a pupil's failure to attend class.
Therefore, no pupil may be suspended from school solely for not
attending class. Other methods of discipline may be used for the
pupil which may include, but are not limited to, detention, extra
class time or alternative class settings.
(e) (f) Corporal punishment of any pupil by a school employee
is prohibited.
(f) (g) The West Virginia board of education and county boards
of education shall adopt policies consistent with the provisions of
this section encouraging the use of alternatives to corporal
punishment, providing for the training of school personnel in
alternatives to corporal punishment and for the involvement of
parent(s), guardian(s) or custodian(s) in the maintenance of school
discipline. The county boards of education shall provide for the
immediate incorporation and implementation in the schools of a
preventive discipline program which may include the responsible
student program and a student involvement program which may include
the peer mediation program, devised by the West Virginia board of
education. Each board may modify such programs to meet the
particular needs of the county. The county boards shall provide
in-service training for teachers and principals relating to
assertive discipline procedures and conflict resolution. The county boards of education may also establish cooperatives with private
entities to provide middle educational programs which may include
programs focusing on developing individual coping skills, conflict
resolution, anger control, self-esteem issues, stress management
and decisionmaking for students and any other program related to
preventive discipline.
(g) (h) For the purpose of this section: (1) "Pupil or
student" shall include any child, youth or adult who is enrolled in
any instructional program or activity conducted under board
authorization and within the facilities of or in connection with
any program under public school direction:
Provided, That, in the
case of adults, the pupil-teacher relationship shall terminate when
the pupil leaves the school or other place of instruction or
activity; and (2) "teacher" shall mean all professional educators
as defined in section one, article one of this chapter and shall
include the driver of a school bus or other mode of transportation.
(h) (i) Teachers shall exercise such other authority and
perform such other duties as may be prescribed for them by law or
by the rules of the state board of education not inconsistent with
the provisions of this chapter and chapter eighteen of this code.
§18A-5-1a. Possessing deadly weapons on premises of educational
facilities; possessing a controlled substance on
premises of educational facilities; assaults and
batteries committed by pupils upon teachers or other school personnel; temporary suspension, hearing;
procedure, notice and formal hearing; extended
suspension; sale of narcotic; expulsion; exception;
alternative education.
(a) A principal shall suspend a pupil from school or from
transportation to or from the school on any school bus if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Violated the provisions of subsection (b), section fifteen, article
two, chapter sixty-one of this code; (ii) violated the provisions
of subsection (b), section eleven-a, article seven of said chapter;
or (iii) sold a narcotic drug, as defined in section one hundred
one, article one, chapter sixty-a of this code, on the premises of
an educational facility, at a school-sponsored function or on a
school bus. If a student has been suspended pursuant to this
subsection, the principal shall, within twenty-four hours, request
that the county superintendent recommend to the county board that
the student be expelled. Upon such a request by a principal, the
county superintendent shall recommend to the county board that the
student be expelled. Upon such recommendation, the county board
shall conduct a hearing in accordance with subsections (e), (f) and
(g) of this section to determine if the student committed the
alleged violation. If the county board finds that the student did
commit the alleged violation, the county board shall expel the student.
(b) A principal shall suspend a pupil from school, or from
transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Committed an act or engaged in conduct that would constitute a
felony under the laws of this state if committed by an adult; or
(ii) unlawfully possessed on the premises of an educational
facility or at a school-sponsored function a controlled substance
governed by the uniform controlled substances act as described in
chapter sixty-a of this code. If a student has been suspended
pursuant to this subsection, the principal may request that the
superintendent recommend to the county board that the student be
expelled. Upon such recommendation by the county superintendent,
the county board may hold a hearing in accordance with the
provisions of subsections (e), (f) and (g) of this section to
determine if the student committed the alleged violation. If the
county board finds that the student did commit the alleged
violation, the county board may expel the student.
(c) A principal may suspend a pupil from school, or
transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section: (i) Threatened
to injure, or in any manner injured, a pupil, teacher, administrator or other school personnel; (ii) willfully disobeyed
a teacher; (iii) possessed alcohol in an educational facility, on
school grounds, a school bus or at any school-sponsored function;
(iv) used profane language directed at a school employee or pupil;
(v) intentionally defaced any school property; (vi) participated in
any physical altercation with another person while under the
authority of school personnel; or (vii) habitually violated school
rules or policies. If a student has been suspended pursuant to
this subsection, the principal may request that the superintendent
recommend to the county board that the student be expelled. Upon
such recommendation by the county superintendent, the county board
may hold a hearing in accordance with the provisions of subsections
(e), (f) and (g) of this section to determine if the student
committed the alleged violation. If the county board finds that
the student did commit the alleged violation, the county board may
expel the student.
(d) The actions of any pupil which may be grounds for his or
her suspension or expulsion under the provisions of this section
shall be reported immediately to the principal of the school in
which the pupil is enrolled. If the principal determines that the
alleged actions of the pupil would be grounds for suspension, he or
she shall conduct an informal hearing for the pupil immediately
after the alleged actions have occurred. The hearing shall be held
before the pupil is suspended unless the principal believes that the continued presence of the pupil in the school poses a
continuing danger to persons or property or an ongoing threat of
disrupting the academic process, in which case the pupil shall be
suspended immediately and a hearing held as soon as practicable
after the suspension.
The pupil and his or her parent(s), guardian(s) or
custodian(s), as the case may be, shall be given telephonic notice,
if possible, of this informal hearing, which notice shall briefly
state the grounds for suspension.
At the commencement of the informal hearing, the principal
shall inquire of the pupil as to whether he or she admits or denies
the charges. If the pupil does not admit the charges, he or she
shall be given an explanation of the evidence possessed by the
principal and an opportunity to present his or her version of the
occurrence. At the conclusion of the hearing or upon the failure
of the noticed student to appear, the principal may suspend the
pupil for a maximum of ten school days, including the time prior to
the hearing, if any, for which the pupil has been excluded from
school.
The principal shall report any suspension the same day it has
been decided upon, in writing, to the parent(s), guardian(s) or
custodian(s) of the pupil by regular United States mail. The
suspension also shall be reported to the county superintendent and
to the faculty senate of the school at the next meeting after the suspension.
(e) Prior to a hearing before the county board, the county
board shall cause a written notice which states the charges and the
recommended disposition to be served upon the pupil and his or her
parent(s), guardian(s) or custodian(s), as the case may be. The
notice shall state clearly whether the board will attempt at
hearing to establish the student as a dangerous student, as defined
by section one, article one of this chapter. The notice also shall
include any evidence upon which the board will rely in asserting
its claim that the student is a dangerous student. The notice
shall set forth a date and time at which the hearing shall be held,
which date shall be within the ten-day period of suspension imposed
by the principal.
(f) The county board shall hold the scheduled hearing to
determine if the pupil should be reinstated or should or must be
expelled from school, under the provisions of this section. If the
county board determines that the student should or must be expelled
from school, it may also determine whether the student is a
dangerous student pursuant to subsection (g) of this section. At
this, or any hearing before a county board conducted pursuant to
this section, the pupil may be represented by counsel, may call his
or her own witnesses to verify his or her version of the incident
and may confront and cross-examine witnesses supporting the charge
against him or her. Such a hearing shall be recorded by mechanical means unless recorded by a certified court reporter. Any such
hearing may be postponed for good cause shown by the pupil but he
or she shall remain under suspension until after the hearing. The
state board may adopt other supplementary rules of procedure to be
followed in these hearings. At the conclusion of the hearing the
county board shall either: (1) Order the pupil reinstated
immediately or at the end of his or her initial suspension; (2)
suspend the pupil for a further designated number of days; or (3)
expel the pupil from the public schools of the county.
(g) A county board that did not intend prior to a hearing to
assert a dangerous student claim, that did not notify the student
prior to the hearing that such a determination would be considered
and that determines through the course of the hearing that the
student may be a dangerous student shall schedule a second hearing
within ten days to decide the issue. The hearing may be postponed
for good cause shown by the pupil, but he or she remains under
suspension until after the hearing.
A county board that expels a student, and finds that the
student is a dangerous student, may refuse to provide alternative
education. However, after a hearing conducted pursuant to this
section for determining whether a student is a dangerous student,
when the student is found to be a dangerous student, is expelled
and is denied alternative education, a hearing shall be conducted
within three months after the refusal by the board to provide alternative education to reexamine whether or not the student
remains a dangerous student and whether the student shall be
provided alternative education. Thereafter, a hearing for the
purpose of reexamining whether or not the student remains a
dangerous student and whether the student shall be provided
alternative education shall be conducted every three months for so
long as the student remains a dangerous student and is denied
alternative education. During the initial hearing, or in any
subsequent hearing, the board may consider the history of the
pupil's conduct as well as any improvements made subsequent to the
expulsion. If it is determined during any of the hearings that the
student is no longer a dangerous student or should be provided
alternative education, the student shall be provided alternative
education during the remainder of the expulsion period.
(h) The superintendent may apply to a circuit judge or
magistrate for authority to subpoena witnesses and documents, upon
his or her own initiative, in a proceeding related to a recommended
student expulsion or dangerous student determination, before a
county board conducted pursuant to the provisions of this section.
Upon the written request of any other party, the superintendent
shall apply to a circuit judge or magistrate for the authority to
subpoena witnesses, documents or both on behalf of the other party
in a proceeding related to a recommended student expulsion or
dangerous student determination before a county board. If the authority to subpoena is granted, the superintendent shall subpoena
the witnesses, documents or both requested by the other party.
Furthermore, if the authority to subpoena is granted, it shall be
exercised in accordance with the provisions of section one, article
five, chapter twenty-nine-a of this code.
Any hearing conducted pursuant to this subsection may be
postponed: (1) For good cause shown by the pupil; (2) when
proceedings to compel a subpoenaed witness to appear must be
instituted; or (3) when a delay in service of a subpoena hinders
either party's ability to provide sufficient notice to appear to a
witness. A pupil remains under suspension until after the hearing
in any case where a postponement occurs.
The county boards are directed to report the number of pupils
determined to be dangerous students to the state board of
education. The state board will compile the county boards'
statistics and shall report its findings to the legislative
oversight commission on educational accountability.
(i) Pupils may be expelled pursuant to the provisions of this
section for a period not to exceed one school year, except that if
a pupil is determined to have violated the provisions of subsection
(a) of this section the pupil shall be expelled for a period of not
less than twelve consecutive months:
Provided, That the county
superintendent may lessen the mandatory period of twelve
consecutive months for the expulsion of the pupil if the circumstances of the pupil's case demonstrably warrant. Upon the
reduction of the period of expulsion, the county superintendent
shall prepare a written statement setting forth the circumstances
of the pupil's case which warrant the reduction of the period of
expulsion. The county superintendent shall submit the statement to
the county board, the principal, the faculty senate and the local
school improvement council for the school from which the pupil was
expelled. The county superintendent may use the following factors
as guidelines in determining whether or not to reduce a mandatory
twelve-month expulsion:
(1) The extent of the pupil's malicious intent;
(2) The outcome of the pupil's misconduct;
(3) The pupil's past behavior history; and
(4) The likelihood of the pupil's repeated misconduct.
(j) In all hearings under this section, facts shall be found
by a preponderance of the evidence.
(k) For purposes of this section, nothing herein may be
construed to be in conflict with the federal provisions of the
Individuals with Disabilities Education Act of 1990 (PL 101-476).
(l)
If a pupil transfers to another school in West Virginia,
the principal of the school from which the pupil transfers shall
provide a written record of any disciplinary action taken against
the pupil to the principal of the school to which the pupil
transfers. Each suspension or expulsion imposed upon a pupil under the authority of this section shall be recorded in the uniform
integrated regional computer information system (commonly known as
the West Virginia Education Information System) described in
subsection (f), section twenty-six, article two, chapter eighteen
of this code.
(1) The principal of the school at which the pupil is enrolled
shall create an electronic record within twenty-four hours of the
imposition of the suspension or expulsion.
(2) Each record of a suspension or expulsion shall include the
pupil's name and identification number, the reason for the
suspension or expulsion, and the beginning and ending dates of the
suspension or expulsion.
(3) The state board of education shall collect and disseminate
data so that any principal of a public school in West Virginia can
review the complete history of disciplinary actions taken by West
Virginia public schools against any pupil enrolled or seeking to
enroll at that principal's school. The purposes of this provision
are to allow every principal to fulfill his or her duty under
subsection (b), section fifteen-f, article five, chapter eighteen
of this code to determine whether a pupil requesting to enroll at
a public school in West Virginia is currently serving a suspension
or expulsion from another public school in West Virginia and to
allow principals to obtain general information about pupils'
disciplinary histories.
(m) Principals may exercise any other authority and perform
any other duties to discipline pupils consistent with state and
federal law, including policies of the state board of education.
ARTICLE 8. PAPERWORK REDUCTION ADVISORY COUNCIL.
§18A-8-1. Legislative findings.
(a) The Legislature finds that the excessive paperwork
required of teachers, guidance counselors, and other school
personnel hinders the prime responsibility of public education: To
educate the children of West Virginia.
(b) The Legislature finds that the excessive paperwork
required of teachers has become so burdensome that teachers do not
have adequate time to prepare lesson plans or to devote individual
attention to those students who require special assistance.
(c) The Legislature finds that the excessive paperwork
required of guidance counselors has become so burdensome that
guidance counselors do not have adequate time to assist students in
establishing personal goals and developing future plans.
(d) The legislature also finds that, for teachers to have
adequate time to teach and for guidance counselors to have adequate
time to counsel students, all unnecessary paperwork should be
eliminated from our public schools and necessary paperwork be
automated to the maximum possible extent.
§18A-8-2. Creation of paperwork reduction advisory council;
duties; goal.
(a) The paperwork reduction advisory council is hereby
created. The council is established to examine ways to reduce the
time that teachers, guidance counselors, and other school personnel
are required to spend on paperwork.
(b) The council shall examine, at a minimum: (1) The amount
of paperwork required of teachers, guidance counselors, and other
school personnel; (2) sources of current paperwork requirements;
(3) opportunities to eliminate unnecessary paperwork; and
(4) opportunities to simplify and/or automate necessary paperwork.
(c) The goal of the council shall be to submit proposals that
result in a ten percent reduction in paperwork over each of the
next three years.
(d) The state department of education shall provide all
necessary assistance, including clerical support, to the council in
order for the council to perform its work.
§18A-8-3. Council membership; appointment of chair; compensation
of members; quorum.
(a) The council is composed of eleven members as follows:
(1) Five members appointed by the governor, at least two of
whom must be knowledgeable of public school paperwork requirements
and/or technological automation;
(2) Three members appointed by the state board of education;
(3) The president of the West Virginia federation of teachers,
or his or her designee;
(4) The president of the West Virginia education association,
or his or her designee;
(5) The president of the West Virginia association of school
administrators or his or her designee; and
(c) The governor shall designate the chair of the council.
(d) Members shall serve without compensation, but may be
reimbursed for expenses, including travel expenses, actually
incurred by the member in the official conduct of business at the
same rate as is paid to state employees. Any member employed by a
government agency shall be reimbursed by his or her employer; all
other members shall be reimbursed by the state department of
education.
(e) A majority of council members constitutes a quorum for the
transaction of business.
§18A-8-4. Reports; termination of council.
(a) The council shall make reports of its recommendations on
or before the first day of December, in each of the following
years: two thousand four, two thousand five, and two thousand six.
(b) The council shall provide copies of its reports to the
governor; president of the Senate; speaker of the House of
Delegates; the legislative oversight commission on education
accountability; and the state board of education.
(c) The council shall cease to exist on the first day of
April, two thousand seven.
NOTE: The purpose of this bill is to ensure safer schools and
empower teachers by automating student suspension and expulsion
data; allowing faculty senates to select mentors for beginning
teachers; creating county faculty senates; adding classified
employees to the education and state employees grievance board;
creating certain preferences related to substitute teacher
assignments; designating county coordinators of national board
certification; increasing the salary bonus for classroom teachers
with national board certification; providing school personnel with
free admission to athletic events; permitting teachers to appeal
principals' disciplinary decisions; and creating a paperwork
reduction advisory council.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18-5A-7 §18A-3-11, §18A-4-21 and §§18A-8-1 through §18A-8-4
are new; therefore, strike-throughs and underscoring have been
omitted.