ENROLLED
Committee Substitute
for
H. B. 4652
(By Delegate M. Poling)
[Passed March 13, 2010; in effect in July 1, 2010.]
AN ACT to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5-45a, relating
to school calendars; requiring each county superintendent to
create a county school calendar committee; providing for
designation and election of members; requiring the committee
to develop multiple school calendar options for presentation
to all employees for vote; requiring the generation of new
calendar options if the county board or state board rejects
the selected calendar; requiring the process to continue until
a school calendar is approved by the county board and state
board; requiring county board approval of school calendar
prior to June 1 of each year; and establishing process for
school districts served by a multi-county career and technical
education center.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5-45a, to read as
follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-45a. County school calendar committee; county-wide vote;
implementation in districts served by a multi-
county career and technical education center.
(a) The county superintendent of each county shall create one
county school calendar committee. The committee shall develop
multiple school calendar options for presentation to all employees
of the county board for vote. All calendars presented to the
employees for selection shall comply with all applicable sections
of this code, including but not limited to, section forty-five of
this article.
(b) Each county school calendar committee shall consist of at
least seven and no more than eleven members. The committee shall
be comprised of teachers, service personnel, administrators, and
two designees chosen by the county superintendent, at least one of
whom shall be a parent, guardian or custodian of a student enrolled
in the district. The county board employee membership of the
committee shall be proportionally representative of the number of
county board employees in each job category represented on the
committee. Except for the designees chosen by the county
superintendent, members of the committee shall be determined by
election in accordance with the following:
(1) The county superintendent shall determine the number of
member teachers, administrators and service personnel necessary for
proportional representation of those respective classes of
employment in the county;
(2) The county superintendent shall solicit nominations of
teachers and administrators to serve on the committee from the
faculty senates of the schools of the county and of service
personnel to serve on the committee from the service personnel of
the county;
(3) Teachers are eligible to vote for the nominated teachers
to fill the teacher positions on the committee, administrators are
eligible to vote for the nominated administrators to fill the
administrator positions on the committee and service personnel are
eligible to vote for the nominated service personnel to fill the
service personnel positions on the committee; and
(4) The superintendent shall prepare and distribute the
ballots and tabulate the votes for membership in the same manner he
or she prepares and distributes the ballots and tabulates the votes
for professional staff development councils and service personnel
staff development councils pursuant to sections eight and nine,
article three, chapter eighteen-a of this code.
(c) The county school calendar committee shall generate at
least three calendar options for presentation to the employees of
the county board for a county-wide vote. The election shall be
administered by the county superintendent. The county superintendent shall provide a reasonable time period for each
employee to have the opportunity to vote, and shall establish a
clearly stated deadline for the return of the ballots. Voting
shall be conducted by a secret ballot election, and is optional to
each employee. At least two representatives from the committee
shall oversee the counting of returned votes. The calendar option
that receives the highest number of votes returned to the county
superintendent is the calendar option selected by the employees in
the district, except as provided in subsection (e) of this section
for the votes of districts served by the same multi-county career
and technical education center.
(d) If the county board or the state board rejects a calendar
selected by the employees in the district, the county school
calendar committee shall generate new calendar options for
consideration of the employees and the process set forth in this
section shall continue until a selected school calendar is approved
by the county board and the state board. The county board shall
approve a school calendar prior to June 1 of each year. If the
state board has delegated approval of school calendars to the state
superintendent pursuant to section forty-five of this article, the
reference in this subsection to the state board rejection and
approval of a school calendar means the state superintendent's
rejection and approval of a school calendar.
(e) For districts that are served by a multi-county career and
technical education center and need to adopt a school calendar that is uniform to the school calendars of the other districts being
served by the same multi-county career and technical education
center, all of the provisions of this section apply, subject to the
following:
(1) All of the county school calendar committees of the
districts that are served by the same multi-county career and
technical education center shall collaborate in generating the
required minimum three calendar options;
(2) The calendar options presented to the employees of a
county board of a district served by a multi-county career and
technical education center for a vote shall be identical to the
calendar options presented to the employees of the other county
boards of districts served by the same multi-county career and
technical education center; and
(3) The county superintendents of the districts served by the
same multi-county career and technical education center shall add
the vote totals for each calendar option from each of the districts
and the calendar option that receives the highest number of the
combined votes is the calendar option selected by the employees in
all of those districts served by the same multi-county career and
technical education center.