ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4306
(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)
[By Request of the Executive]
[Passed March 13, 1998; in effect from passage.]
AN ACT to amend and reenact section one, article one, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one as amended; to amend and reenact section
twenty-six, article two of said chapter; to amend said
article by adding thereto two new sections, designated
sections twenty-three-a and thirty-two; to amend and reenact
sections one-a and five, article two-e of said chapter; to
amend said article by adding thereto a new section,
designated section three-c; to amend said chapter by adding
thereto a new article, designated article two-i; to amend
and reenact sections seven and ten, article nine-a of said
chapter; to amend and reenact section two-c, article three,
chapter eighteen-a; and to amend and reenact sections one,
two, two-a, two-b and three, article three-a of said
chapter, all relating to requiring the state board to
establish goals for professional development and providing
a process to coordinate program delivery through the state
department of education, regional educational service
agencies and the center for professional development; creating the strategic staff development fund with funds
that accrue in the general revenue fund; requiring the state
board to develop an assessment program and an accountability
program; requiring the state board to establish the reading
excellence accelerates deserving students program;
establishing a process for improving education; establishing
a system of education performance audits; creating the
office of education performance audits; designating certain
school systems with more than a casual deficit as having
nonapproval status; requiring the appointment of a team of
improvement consultants before the state board may intervene
in the operation of a county school system; providing for
the targeting of resources to improve the teaching and
learning process; creating the West Virginia staff
development advisory council; creating regional staff
development councils in each regional educational service
agency; and increasing the allowance for transportation
costs.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one as
amended, be amended and reenacted; that article two of said
chapter be amended by adding thereto a new section, designated
section twenty-three-a; that section twenty-six of said article
be amended and reenacted; that article two of said chapter be
amended by adding thereto a new section, designated section
thirty-two; that sections one-a and five, article two-e of said chapter be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
three-c; that said chapter be amended by adding thereto a new
article, designated article two-i; that sections seven and ten,
article nine-a of said chapter be amended and reenacted; that
section two-c, article three, chapter eighteen-a be amended and
reenacted; and that sections one, two, two-a, two-b and three,
article three-a of said chapter, be amended and reenacted all to
read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 1.
DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR
EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School" means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia board of
education;
(d) "Board" means the county board of education;
(e) "State superintendent" means the state superintendent of
free schools;
(f) "Superintendent" means the county superintendent of
schools;
(g) "Teacher" means teacher, supervisor, principal, superintendent, public school librarian; registered professional
nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school
in this state;
(h) "Service personnel" means all nonteaching school
employees not included in the above definition of "teacher";
(i) "Regular full-time employee" means any person employed
by a county board of education who has a regular position or job
throughout his employment term, without regard to hours or method
of pay;
(j) "Career clusters" means broad groupings of related
occupations;
(k) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;
(l) "School-age juveniles" means any individual who is
entitled to attend or who, if not placed in a residential
facility, would be entitled to attend public schools, in
accordance with: (1) Section five, article two of this chapter;
(2) sections fifteen and eighteen, article five of this chapter;
or (3) section one, article twenty of this chapter;
(m) "Student with a disability" means an exceptional child,
other than gifted, pursuant to section one, article twenty of
this chapter;
(n) "Low density county" means a county whose ratio of
student population to square miles is less than or equal to the
state average ratio as computed by the state department of
education;
(o) "High density county" means a county whose ratio of
student population to square miles is greater than the state
average ratio as computed by the state department of education;
and
(p) "Casual deficit" means a deficit of not more than three
percent of the approved levy estimate or a deficit that is
nonrecurring from year to year.
ARTICLE 2. STATE BOARD OF EDUCATION
§18-2-23a. Annual professional development goals established by state board; coordination of professional development programs; program development, approval and evaluation.
(a) The intent of this section is to provide for the
coordination of professional development programs by the state
board to promote high quality instructional delivery and
management practices for a thorough and efficient system of
schools. The state board annually shall establish goals for
professional development in the public schools of the state. The
state board shall submit the goals to the state department of
education, the center for professional development, the regional
educational service agencies, the state college and university
systems and the legislative oversight commission on education
accountability on or before the first day of October, each year.
The goals shall include measures by which the effectiveness of professional development programs will be evaluated. The
professional development goals may include separate goals for
teachers, principals, service personnel and others in the public
schools. In establishing the goals, the state board shall review
reports that may indicate a need for staff development. At a
minimum in establishing the goals for professional development,
the state board shall consider the report of the staff
development advisory council set forth in section four, article
two-i, chapter eighteen of this code, student test scores on the
statewide student assessment program, the measures of student and
school performance for accreditation purposes, school and school
district report cards, and its plans for the use of funds in the
strategic staff development fund pursuant to section thirty-two,
article two, chapter eighteen of this code.
(b) The center for professional development and the regional
educational service agencies
shall each design a proposed
professional development program plan to achieve the goals of the
state board which are within their purview pursuant to provisions
set forth in this code and rules of the state board: Provided,
That the state board may establish as a goal for the center for
professional development, the delivery of a localized
professional development program to address school, county or
regional problems. The center for professional development and
the regional educational service agencies
shall each
submit their
respective proposed plans to the state board on or before the
fifteenth day of November, each year. The proposed plans shall
include a plan for evaluating the effectiveness of the professional development delivered through the program and a cost
estimate. A copy of each proposed plan shall also be submitted
by the respective agencies to the legislative oversight
commission on education accountability. The state board shall
review the proposed plans and shall return the proposed plans to
the respective agencies on or before the first day of January,
each year, noting whether the proposed plan is approved or is not
approved in whole or in part. If a proposed plan is not approved
in whole, the state board shall note its objections to the
proposed plan or to the parts of the proposed plan not approved
and may suggest improvements or specific modifications, additions
or deletions to more fully address the goals or eliminate
duplication. An agency whose proposed plan is not wholly
approved shall revise the plan to satisfy the objections of the
state board or state the reasons why revisions cannot be made to
satisfy any or all of the objections and resubmit the proposal to
the state board as soon as possible. State board approval of the
professional development plans of the center for professional
development and the regional educational service agencies is
required prior to implementation of the plans.
(c) The state board shall submit a proposed master plan for
professional development to the legislative oversight commission
on education accountability on the first day of February, each
year. The proposed master plan shall include the state board
approved plans of the state department of education, the center
for professional development and the regional educational service
agencies to meet the professional development goals of the state board. The proposed master plan also shall include a plan for
evaluating the effectiveness of the professional development
delivered through the programs, a cost estimate, a description of
any proposals pending approval of the state board
and any reasons
why a goal or goals of the state board will not be met.
(d) An approved master plan for professional development
shall be established by the state board not later than the
fifteenth day of March, each year. The approved master plan
shall include the state board approved professional development
plans of the state department of education, the center for
professional development and the regional educational service
agencies. The approved master plan shall serve as a guide for
the delivery of coordinated professional development programs by
the state department of education, the center for professional
development and the regional educational service agencies
beginning on the first day of June in the year in which the
master plan was approved through the thirtieth day of May in the
following year.
§18-2-26.Establishment of multicounty regional educational
service agencies; purposes; authority to implement
regional services.
(a) In order to consolidate and administer more effectively
existing educational programs and services so individual
districts will have more discretionary moneys for educational
improvement and in order to equalize and extend educational
opportunities, the state board of education shall establish
multicounty regional educational service agencies for the purpose of providing high quality, cost effective educational programs
and services to the county school systems, and shall make such
rules as may be necessary for the effective administration and
operation of such agencies: Provided, That the legislative
oversight commission on education accountability shall commission
a comprehensive feasibility study of the regional educational
service agencies which shall be completed and reported to the
legislative oversight commission on education accountability no
later than the tenth day of January, one thousand nine hundred
ninety-five.
(b) In furtherance of these purposes, it is the duty of the
board of directors of each regional educational service agency to
continually explore possibilities for the delivery of services on
a regional basis which will facilitate equality in the
educational offerings among counties in its service area, permit
the delivery of high quality educational programs at a lower per
student cost, strengthen the cost effectiveness of education
funding resources, reduce administrative and/or operational
costs, including the consolidation of administrative,
coordinating and other county level functions into region level
functions, and promote the efficient administration and operation
of the public school systems generally.
Technical, operational, programmatic or professional
services would be among the types of services appropriate for
delivery on a regional basis.
(c) In addition to performing the services and functions
required by the provisions of this or any other section of this code, a regional educational service agency may implement
regional programs and services by a majority vote of its board of
directors. When said vote is not unanimous, the board of
directors shall file a plan for the service or program delivery
with the state board describing the program or service, the
manner of delivery and the projected savings and/or the improved
quality of the program or service. The state board shall
promulgate rules requiring a county board that declines to
participate in such programs or services to show just cause for
not participating and the estimated savings accruing to the
county therefrom. If a county board fails to show that savings
will accrue to the county or that the quality of the program will
be significantly and positively affected as a result of its
decision not to participate, the state board shall withhold from
the county's foundation allowance for administrative cost the
lesser of the amount of the estimated savings or the allocation
for the county's foundation allowance for administrative cost.
(d) The state board, in conjunction with the various
regional educational service agencies, shall develop an effective
model for the regional delivery of instruction in subjects where
there exists low student enrollment or a shortage of certified
teachers or where such delivery method substantially improves the
quality of an instructional program. Such model shall
incorporate an interactive electronic classroom approach to
instruction. To the extent funds are appropriated or otherwise
available, county boards or regional educational service agencies
may adopt and utilize the model for the delivery of such instruction.
(e) Each regional educational service agency shall conduct
a study setting forth how the following services and functions
may be performed by the agency for public schools and school
districts within the region without terminating the employment of
personnel employed by school districts prior to the effective
date of this subsection: Accounting, purchasing, food service,
transportation, delivery of high cost services to low incidence
student populations, audiovisual material distribution,
facilities planning, federal program coordination, personnel
recruiting and an integrated regional computer information
system. On or before the tenth day of January, one thousand nine
hundred ninety, each regional educational service agency shall
submit the study to the state board, to the standing committees
on education and finance of the West Virginia Senate and House
of Delegates and to the secretary of education and the arts:
Provided, That in the event such study is implemented those
individuals employed prior to the effective date thereof shall
not have their employment terminated as a result of the study.
(f) Each regional educational service agency shall commence
implementation of a uniform integrated regional computer
information system as recommended by the state board of education
on or before the first day of January, one thousand nine hundred
ninety-one. Each county board of education shall use the
computer information system for data collection and reporting to
the state department of education beginning no later than the
first day of July, one thousand nine hundred ninety-four. County boards of education shall bear the cost of and fully participate
in the implementation of the system by: (1) Acquiring necessary,
compatible equipment to participate in the regional computer
information system; or (2) following receipt of a waiver from the
state superintendent, operating a comparable management
information system at a lower cost which provides at least all
uniform integrated regional computer information system software
modules and allows on-line, interactive access for schools and
the county board of education office onto the statewide
communications network. All data formats shall be the same as
for the uniform integrated regional information system and will
reside at the regional computer. Any county granted a waiver
shall receive periodic notification of any incompatibility or
deficiency in its system. Continued inability of any county to
meet the above criteria shall, upon notification to the county no
later than the first day of April, one thousand nine hundred
ninety-five, require the county to use the uniform integrated
regional computer information system no later than the first day
of July, one thousand nine hundred ninety-five. No county shall
expand any system either through the purchase of additional
software or hardware that does not advance the goals and
implementation of the uniform integrated regional computer
information system as recommended by the state board: Provided,
That nothing contained herein shall prevent the state
superintendent from granting a one-year extension to those
counties projected to have budget deficits for the school year
beginning on the first day of July, one thousand nine hundred ninety-four.
(g) Each regional educational service agency shall submit a
report and evaluation of the services provided and utilized by
the schools within each respective region. Furthermore, each
school shall submit an evaluation of the services provided by the
regional educational service agency, which shall include an
evaluation of the regional educational service agency program,
suggestions as to how to improve utilization and the individual
school's plan as to development of new programs and enhancement
of existing programs. The reports shall be due by the first day
of January of each year commencing with the year one thousand
nine hundred ninety-one and shall be made available to the state
board of education, standing committees on education of the West
Virginia Senate and House of Delegates and to the secretary of
education and the arts.
(h) A regional board shall be empowered to receive and
disburse funds from the state and federal governments, member
counties, gifts and grants.
(i) Notwithstanding any other provision of the code to the
contrary, employees of regional educational service agencies
shall be reimbursed for travel, meals and lodging at the same
rate as state employees under the travel management office of the
department of administration.
(j) Regional educational service agencies shall hold at
least one half of their regular meetings during hours other than
those of a regular school day.
(k) Regional educational service agencies shall serve as the lead agency for computer installation, maintenance and repair for
the Basic Skills Computer Program. By the first day of October,
one thousand nine hundred ninety-five, and quarterly thereafter,
each regional educational service agency shall submit a status
report on turn around time for computer installation, maintenance
and repair to the state superintendent of schools who shall then
submit a report to the legislative oversight commission on
education accountability. The above-mentioned status report for
turn around time for computer installation, maintenance and
repair shall be based on the following suggested time schedules:
Network File Servers............forty-eight hours
Local Area Networks.............forty-eight hours
West Virginia Education
Information System..............twenty-four hours
Computer Workstations...........three to five days
Printers........................three to five days
Other Peripherals...............three to five days
Regional educational service agencies shall also submit an audit
report to the legislative oversight commission on education
accountability each year.
(l) Pursuant to the processes and provisions of section
twenty-three-a, article two, chapter eighteen of this code, each
regional educational service agency shall provide coordinated
professional development programs within its region to meet the
professional development goals established by the state board.
§18-2-32. Strategic staff development fund.
(a) There is hereby created an account within the state board titled the strategic staff development fund. The
allocation of balances which accrue in the general school fund
shall be transferred to the strategic staff development fund each
year when the balances become available. Any remaining funds
transferred to the strategic staff development fund during the
fiscal year shall be carried over for use in the same manner the
next fiscal year and shall be separate and apart from, and in
addition to, the transfer of funds from the general school fund
for the next fiscal year.
(b) The money in the strategic staff development fund shall
be used by the state board to provide staff development in
schools, counties or both that the state board determines need
additional resources. Additionally, the state board shall use a
reasonable amount of the money from the strategic staff
development fund to contract with an independent evaluator chosen
by the state board to evaluate the effectiveness with which the
money was used for staff development. The state board is
required to report to the legislative oversight commission on
education accountability before the first day of December of each
year:
(1) The amount of each expenditure;
(2) The purpose of each expenditure; and
(3) The effectiveness of the staff development resulting
from each expenditure.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-1a.Assessment and accountability programs; duties of
the state board.
(a) In order to further the purposes of this article, on or
before the first day of January, one thousand nine hundred
ninety-nine, the state board shall develop and recommend to the
legislative oversight commission on education accountability an
assessment program to measure the progress of public school
students in attaining a high quality education. In addition, to
further the purposes of this article, on or before the first day
of January, one thousand nine hundred ninety-nine, the state
board shall develop and recommend to the legislative oversight
commission on education accountability an accountability program
to help ensure a thorough and efficient system of schools. In
developing the assessment program and the accountability program,
the state board shall take into consideration recommendations
arising from any legislative interim study undertaken at the
direction of the joint committee on government and finance and
also shall take into consideration any recommendations made by
the legislative oversight commission on education accountability.
(b) As part of their on-going responsibility for developing
and implementing a program of assessments and a program of
accountability, the state board shall perform the following
functions:
(1) Review assessment tools, including tests of student
performance and measures of school and school system performance,
and determine when any improvements or additions are necessary;
(2) Consider multiple assessments, including, but not
limited to, a state testing program developed in conjunction with
the state's professional educators with assistance from such knowledgeable consultants as may be necessary, which may include
criterion referenced tests;
(3) Review all accountability measures, such as the
accreditation and personnel evaluation systems and consider any
improvements or additions deemed necessary; and
(4) Ensure that all statewide assessments of student
performance are secure.
§18-2E-3c. Summer school READS grant program created; legislative
findings and purpose of section.
(a) The Legislature hereby finds and acknowledges that, if
remediation is necessary, it should be provided when students are
younger and before patterns of failure are established. The
Legislature further acknowledges that the people of West Virginia
would be better served if the state acted to ensure that all
public school students were able to read at or above grade level
upon exiting grade four, that county boards are in the best
position to determine if remediation is necessary for students in
kindergarten through grade four and that the counties should have
the option of providing summer school for students and may
consider student attendance as a factor in determining whether a
child is eligible to be promoted to the next grade.
The Legislature further finds that not all students are
financially able to pay for summer school, nor do all county
schools hold summer school. It is, therefore, the purpose of
this section to help the county boards to provide, either
individually or cooperatively, free summer school and summer school transportation for those students in kindergarten through
grade four who did not perform at grade level during the regular
school year. It also is the purpose of this section to help
students in kindergarten through grade four who are identified as
being in danger of failing to read at grade level by the end of
the school year to receive intensive reading instruction during
their regularly scheduled reading time throughout the regular
school year.
(b) Subject to appropriation by the Legislature therefor,
the state board shall establish a competitive grant program as
set forth in this section to provide reading programs for
students in kindergarten through grade four who are not
performing at grade level. The program shall be designated and
known as the "Reading Excellence Accelerates Deserving Students"
program and, along with such designation, may be referred to as
"West Virginia READS".
Priorities for awarding the grants shall include, but are
not limited to:
(1) Schools that have test scores below the state standards;
and
(2) Schools that receive federal funds for the improvement
of reading.
Competitive grant applications must be submitted by the
county boards, or by a community collaborative with the county
board as a partner with leadership responsibility, and shall
describe how the program will:
(1) Employ strategies and proven methods for student learning, teaching and school management that are based on
reliable research and effective practices and can be replicated
in other schools to improve the reading skills of students;
(2) Contain measurable goals for the improvement of student
reading skills and benchmarks for meeting those goals;
(3) Include a plan for the evaluation of student progress
toward achieving the state's high standards;
(4) Identify how other federal, state, local and private
resources, including volunteers, will be utilized to further the
intent of this section;
(5) Link summer reading improvement programs with reading
instruction and remediation throughout the school year;
(6) Determine feasibility of collaborating with colleges of
education for the purpose of providing educational experiences
for prospective teachers; and
(7) Accomplish other objectives as deemed necessary by the
state board.
(c) Any county receiving a grant should encourage students
in kindergarten through grade four who did not perform at grade
level during the regular school year to attend summer school and
may consider summer school attendance as a factor in determining
whether a child is eligible to be promoted to the next grade.
The county board shall provide intensive reading instruction
during regularly scheduled reading time throughout the regular
school year to students in kindergarten through grade four who
are identified by the classroom teacher as being in danger of
failing to read at grade level by the end of the school year. Nothing in this section shall prohibit county boards from
permitting students to participate in reading programs on a
student fee basis.
(d) The state board shall approve procedures for the
implementation of this section. To assist the state board in
developing procedures for the implementation of this section,
including the grant application and the grant review and
selection process, the state board shall appoint an advisory
board consisting of the federal programs director and the title
I reading coordinator/specialist, both from the state department
of education, a representative from the department of education
and the arts representing the library commission and the
community schools initiative, a college or university professor
of reading, two or more representatives from local school
systems, the West Virginia coordinator of the read aloud program,
the energy express project director, and a representative of
mission West Virginia, or representatives of like successor
organizations should these named organizations cease to exist.
The procedures shall provide for:
(1) The appointment of a grant review and selection panel by
the state board consisting of persons with expertise and
practical experience in delivering programs to increase the
reading skills of young students, not more than one half of whom
may be employees of the state department of education, or the
state board may designate the advisory board as the grant review
and selection panel;
(2) Notice to all schools of the grant competition and the availability of applications on or before the thirtieth day of
September, in each fiscal year for which grant funds are
available;
(3) A grant application deadline postmarked on or before the
fifteenth day of December, in each fiscal year for which grant
funds are available;
(4) Notice of grant awards on or before the first day of
March, in each fiscal year for which grant funds are available;
and
(5) Other such requirements as deemed necessary by the state
board.
(e) The state board may fund, from any other funds available
for such purposes, the programs required by this section for
students in kindergarten through grade four and any programs
required by state board rules such as, but not limited to, the
following:
(1) Tutoring;
(2) Summer school educational services;
(3) Additional certified personnel to provide intensive
instruction in reading throughout the school year;
(4) Staff development for teachers; and
(5) Hot meal programs.
(f) Nothing in this section shall supersede the
individualized education program (IEP) of any student.
(g) Nothing in this section may be construed to require any
specific level of funding by the Legislature.
§18-2E-5.Process for improving education; office of education performance audits; education standards; school
accreditation and school system approval;
intervention to correct impairments.
(a) Legislative intent. -- The purpose of this section is to
establish a process for improving education that includes
standards, assessment, accountability and capacity building 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.
(b) State board rules. -- 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 state board is not required to
promulgate new rules if legislative rules meeting the
requirements of article three-b, chapter twenty-nine-a of this
code have been filed with the office of the secretary of state
before the effective date of this section.
(c) High quality education standards. -- The state board
shall, in accordance with the provisions of article three-b,
chapter twenty-nine-a of this code, 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 and school performance;
(12) A code of conduct for students and employees; and
(13) Any other such areas as determined by the state board.
(d) Performance measures. -- The standards shall assure that
all graduates are prepared for gainful employment or for
continuing postsecondary education and training and that schools
and school districts are making progress in achieving the
education goals of the state.
The standards shall include measures of student performance
to indicate when a thorough and efficient system of schools is
being provided and of school and school system performance and
processes that enable student performance. The measures of
student performance and school and school system performance and
processes shall include, but are not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance by grade level measured, where possible, by
a uniform statewide assessment program;
(2) School attendance rates;
(3) Student dropout rate;
(4) Percent of students promoted to next grade;
(5) Graduation rate;
(6) Average class size;
(7) Pupil-teacher ratio and number of exceptions to ratio
requested by county boards and number granted;
(8) Number of split-grade classrooms;
(9) Percentage of graduates who enrolled in college; the
percentage of graduates who enrolled in other post-secondary
education; and the percentage of graduates who become fully
employed within one year of high school graduation all as
reported by the graduates on the assessment form attached to
their individualized student transition plan, pursuant to section
eight of this article and the percentage of graduates reporting;
(10) Pupil-administrator ratio;
(11) Parent involvement;
(12) Parent, teacher and student satisfaction;
(13) Operating expenditures per pupil;
(14) Percentage of graduates who attain the minimum level of
performance in the basic skills recognized by the state board as
laying the foundation for further learning and skill development
for success in college, other post-secondary education and
gainful employment and the grade level distribution in which the
minimum level of performance was met;
(15) Percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other postsecondary education or employment above the
minimum foundation level of basic skills; and
(16) Effective school system participation with their
assigned regional education service agency.
(e) Assessment and accountability of school and school
system performance and processes. -- The state board shall
establish by rule in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code, 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 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 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, school and school system performance and
the processes in place in schools and school systems which enable
student performance; (2) the review of school and school system
unified improvement plans; and (3) the periodic, random
unannounced on-site review of school and school system
performance and compliance with the standards.
(f) Uses of school and school system assessment information.
-- The state board shall use information from the system of
education performance audits to assist it in ensuring that a
thorough and efficient system of schools is being provided and to
improve student, school and school system performance, 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. Primary emphasis in determining school accreditation
and school system approval status will be based on student,
school and school system performance on measures selected by the
state board. The state board shall make accreditation
information available to the Legislature; the governor; and to
the general public and any individuals who request such
information, subject to the provisions of any act, rule or
regulation restricting the release of information. Based on the
assessment of student, school and school system performance, the
state board shall establish early detection and intervention
programs to assist underachieving schools and school systems in
improving performance before conditions become so grave as to
warrant more substantive state intervention, including, but not
limited to, making additional technical assistance, programmatic,
monetary and staffing resources available where appropriate.
(g) Office of education performance audits. -- To assist the
state board in the operation of the system of education
performance audits and 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. The office shall be headed
by a director who shall be appointed by the state board and 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. The state board shall organize and
sufficiently staff the office to fulfill the duties assigned to
it by this section and the state board. Employees of the state
department of education who are transferred to the office of
education performance audits shall retain their benefit and
seniority status with the department of education. 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 of
students, schools and school systems, and shall receive
assistance from staff at the state department of education and
the state school building authority to carry out the duties
assigned to the office. 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:
(1) Assure that all statewide assessments of student
performance are secure as required in section one-a, article two- e of this chapter;
(2) Administer all accountability measures as assigned by
the state board, including, but not limited to, processes for the accreditation of schools and the approval of school systems, and
recommend to the state board appropriate action, including, but
not limited to, accreditation and approval action;
(3) 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,
school system and state board, plans to establish those needed
capacities;
(4) 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;
(5) 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 center for professional development, regional
education service agencies, higher education governing boards and
county boards; and
(6) 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 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.
(h) On-site reviews. -- At the direction of the state board
or by weighted, random selection by the office of education
performance audits, an unannounced 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: (1) Verifying data reported by the school or
county board; (2) documenting compliance with policies and laws;
(3) evaluating the effectiveness and implementation status of
school and school system unified improvement plans; (4)
investigating official complaints submitted to the state board
that allege serious impairments in the quality of education in
schools or school systems; and (5) 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. The random selection of
schools and school systems for an on-site review shall use a
weighted random sample so that those with lower performance
indicators and those that have not had a recent on-site review
have a greater likelihood of being selected. Under the direction
of the state board, the office of education performance audits
shall appoint an education standards compliance review team to
assist it in conducting on-site reviews. The teams shall be
composed of an adequate number of persons who possess the necessary knowledge, skills and experience to make an accurate
assessment of education programs and who are drawn from a trained
cadre established by the office of education performance audits.
The state board shall have discretion in determining the number
of persons to serve on a standards compliance review team based
on the size of the school or school system as applicable. The
teams shall be led by a member of the office of education
performance audits. County boards shall be reimbursed for the
costs of substitutes required to replace county board employees
while they are serving on an education standards compliance
review team. The office of education performance audits shall
report the findings of the on-site reviews to the state board for
inclusion in the evaluation and determination of a school's or
county board's accreditation or approval status as applicable.
(i) 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:
Full accreditation status, temporary accreditation status,
conditional accreditation status, or shall declare the education
programs at the school to be seriously impaired.
(1) Full accreditation status shall be given to a school
when the school's performance on the standards adopted by the
state board pursuant to subsections (c) and (d) of this section
is at a level which would be expected when all of the high
quality education standards are being met.
(2) Temporary accreditation status shall be given to a
school when the measure of the school's performance 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 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 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 on the standards adopted by
the state board is below the level required for full
accreditation, but the school's unified improvement plan has been
revised to achieve full accreditation status by a date certain,
the plan has been approved by the state board and the school is
meeting the objectives and time line specified in the revised
plan.
(4) The state board shall establish and adopt standards of
performance 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.
These circumstances shall include, but are not limited to, 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 and the
failure of a school on conditional accreditation status to meet
the objectives and time line of its revised unified school improvement plan or to achieve full accreditation by the date
specified in the revised plan. 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. Upon approval of
the recommendations by the state board, the recommendations shall
be made 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: (i) Improve personnel management; (ii)
establish more efficient financial management practices; (iii)
improve instructional programs and rules; or (iv) make such other
improvements as may be necessary to correct the impairment. If
the impairment is not corrected by a date certain set by the
state board, the county board shall be given nonapproval status.
(j) Transfers from seriously impaired schools. -- Whenever
a school is determined to be seriously impaired and fails to
improve its status within one year, any student attending such
school may transfer once to the nearest fully accredited school,
subject to approval of the fully accredited school and at the
expense of the school from which the student transferred.
(k) 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 (4)
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 and
processes adopted by the state board and whose schools have all
been given full, temporary or conditional accreditation status.
(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 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 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; (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
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. 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. Furthermore,
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 shall be designated as having
nonapproval status. 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. Upon approval of the
recommendations by the state board, the recommendations shall be
made 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 such other
areas as may be designated by the state board by rule; (ii)
taking such direct action as may be necessary to correct the
emergency; and (iii) declaring that the office of the county
superintendent is vacant.
(l) 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) 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 Legislature, county boards,
schools and communities methods for targeting resources
strategically to eliminate deficiencies identified in the
assessment and accountability processes by:
(1) Examining reports and unified improvement plans
regarding the performance 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 that appear to have
contributed to the substandard performance 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 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, higher education, regional
education 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.
Amendments to this section adopted by the Legislature in
regular session in the year one thousand nine hundred ninety- eight shall be effective on the first day of July, one thousand
nine hundred ninety-eight.
ARTICLE 2I. STAFF DEVELOPMENT COUNCILS.
§18-2I-1. Legislative purpose.
The purpose of this article is to create the West Virginia
staff development advisory council and eight regional staff development councils to coordinate the delivery of staff
development programs for professional education in West Virginia.
§18-2I-2. Legislative findings.
The Legislature finds that there is presently an inadequate
and inefficient delivery of staff development programs for
professional education in West Virginia. The Legislature further
finds that the creation of a West Virginia staff development
advisory council and regional staff development councils will
assure the efficient delivery of high quality staff training
programs and will further assure that duplication of efforts will
be minimized. The Legislature further finds that the functions
of the West Virginia staff development advisory council and
regional staff development councils will assure that key
personnel will be fully aware of identified needs and
programmatic services, that all stakeholders will be
appropriately involved in planning and implementing programs to
meet requisite needs and that high quality staff development
programs will be provided to public school educators of West
Virginia in the most efficient manner.
§18-2I-3. Creation of West Virginia staff development advisory
council; members; and functions.
(a) There shall be a West Virginia staff development
advisory council which shall consist of the following members:
(1) The chairpersons of each of the eight regional staff
development councils established in section five of this article;
(2) The coordinators of each of the eight regional
educational service agency staff development councils;
(3) The associate superintendent for the division of
research, technology and professional services of the state
department of education;
(4) The assistant superintendent for the division of
instructional and student services of the state department of
education;
(5) The assistant superintendent for the division of
technical and adult education services of the state department of
education;
(6) The assistant superintendent for the division of
administrative services of the state department of education;
(7) The secretary of education and the arts or his or her
designee;
(8) The chancellor of the university system of West Virginia
or his or her designee;
(9) The chancellor of the state college system of West
Virginia or his or her designee;
(10) The executive director of the West Virginia education
fund or his or her designee;
(11) The executive director of the West Virginia center for
professional development or his or her designee;
(12) The president of the West Virginia education
association or his or her designee;
(13) The president of the West Virginia federation of
teachers or his or her designee;
(14) The president of the West Virginia professional
educators or his or her designee;
(15) The president of the West Virginia association of
school administrators or his or her designee;
(16) The president of the West Virginia association of
elementary and middle school principals or his or her designee;
and
(17) The president of the West Virginia association of
secondary school principals or his or her designee.
(b) Any member of the advisory council may be reimbursed by
his or her employing agency for the cost of reasonable and
necessary expenses actually incurred in the performance of their
duties under this article as determined by the employing agency.
§18-2I-4. Functions of the West Virginia staff development
advisory council.
The council shall:
(a) Identify and prioritize statewide staff development
needs;
(b) Identify effective staff development programs to meet
identified needs;
(c) Communicate staff development information and findings
to the regional staff development councils, the state board and
the legislative oversight commission on education accountability
by the first day of September of each year;
(d) Convene regular meetings on a semiannual basis to
effectuate the requirements in subsections (a), (b) and (c) of
this section; and
(e) Elect
a chairman who shall serve two years.
§18-2I-5. Creation of regional staff development councils; members; and functions.
(a) There shall be a regional staff development council in
each of the eight regional educational service agencies located
within the state. Each regional staff development council shall
consist of the following members:
(1) The chairperson of each of the county professional staff
development councils located in each county contained in the
applicable region;
(2) The county staff development coordinator from each of
the counties located within the region: Provided, That if the
county does not have a staff development coordinator, then the
superintendent shall designate a person to serve on the regional
staff development council;
(3) The regional educational service agencies staff
development coordinator who shall serve as an ex officio member;
(4) The executive director of the regional educational
service agencies who shall serve as an ex officio member;
(5) The designee of the chancellor of the university system
of West Virginia who shall serve as an ex officio member; and
(6) The designee of the chancellor of the state college
system of West Virginia who shall serve as an ex officio member.
(b) Any member of the regional staff development council may
be reimbursed by his or her employing agency for the cost of
reasonable and necessary expenses actually incurred in the
performance of their duties under this article as determined by
the employing agency.
§18-2I-6. Functions of the regional staff development councils.
The regional councils shall:
(a) Identify and prioritize regional staff development
needs;
(b) Identify effective staff development programs;
(c) Where requested by the regional educational service
agency, establish the budget for multicounty staff development
programs and oversee effective use of the budget;
(d) Where requested by the regional educational service
agency, coordinate staff development at the regional level;
(e) Facilitate communications among and between personnel
responsible for staff development at the state, local and
regional levels;
(f) Convene regular meetings on a quarterly basis to
effectuate the requirements in subsections (a), (b), (c), (d) and
(e) of this section;
(g) Elect
a chairman who shall serve two years; and
(h) Report information and findings related to staff
development to the West Virginia staff development advisory
council.
§18-2I-7. Limitations on funding of councils.
Nothing in this article may be construed to require any
specific level of funding by the Legislature.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-7. Foundation allowance for transportation cost.
The allowance in the foundation school program for each
county for transportation shall be the sum of the following
computations:
(1) Eighty-five percent of the transportation cost within
each high density county and ninety percent of the transportation
cost within each low density county for maintenance, operation
and related costs, exclusive of all salaries: Provided, That for
the school year beginning the first day of July, one thousand
nine hundred ninety-eight, and thereafter, in the event a county
uses an alternative fuel such as compressed natural gas or other
acceptable alternative fuel for the operation of all or any
portion of its school bus system, then the allowance in the
foundation school program for each such county for that portion
of its school bus system shall be ninety-five percent of the
transportation cost for maintenance, operation and related costs,
exclusive of all salaries, incurred by the use of the
alternatively fueled school buses: Provided, however, That any
county using an alternative fuel and qualifying for the
additional allowance shall submit a plan regarding the intended
future use of alternatively fueled school buses;
(2) The total cost, within each county, of insurance
premiums on buses, buildings and equipment used in
transportation: Provided, That such premiums were procured
through competitive bidding;
(3) For the school year beginning the first day of July, one
thousand nine hundred eighty-nine, and thereafter, an amount
equal to ten percent of the current replacement value of the bus
fleet within each county as determined by the state board, such
amount to be used only for the replacement of buses. In
addition, in any school year in which its net enrollment increases when compared to the net enrollment the year
immediately preceding, a school district may apply to the state
superintendent for funding for an additional bus. The state
superintendent shall make a decision regarding each application
based upon an analysis of the individual school district's net
enrollment history and transportation needs: Provided, That the
superintendent shall not consider any application which fails to
document that the county has applied for federal funding for
additional buses. If the state superintendent finds that a need
exists, a request for funding shall be included in the budget
request submitted by the state board for the upcoming fiscal
year;
(4) Eighty-five percent of the cost of contracted
transportation services and public utility transportation within
each high density county and ninety percent of the cost of
contracted transportation services and public utility
transportation within each low density county;
(5) Aid in lieu of transportation equal to the state average
amount per pupil for each pupil receiving such aid within each
county; and
(6) Ninety-five percent of the transportation cost for
maintenance, operation and related costs, exclusive of all
salaries, for transporting students to and from classes at a
multicounty vocational center.
The total state share for this purpose shall be the sum of
the county shares: Provided, That no county shall receive an
allowance which is greater than one third above the computed state average allowance per transportation mile multiplied by the
total transportation mileage in the county: Provided, however,
That one half of one percent of the transportation allowance
distributed to each county shall be for the purpose of trips
related to academic classroom curriculum and not related to any
extracurricular activity: Provided further, That any remaining
funds credited to a county for the purpose of trips related to
academic classroom curriculum during the fiscal year shall be
carried over for use in the same manner the next fiscal year and
shall be separate and apart from, and in addition to, the
appropriation for the next fiscal year: And provided further,
That the state board may request a county to document the use of
funds for trips related to academic classroom curriculum if the
board deems it necessary.
The state department of education shall cause a
comprehensive study to be made relating to student
transportation. The study shall examine, but is not limited to,
the issues of funding, timeliness of data used for formula
distribution, service personnel needed, inter-county service,
regionalization of services, bus routes, amount of time students
spend on buses, maintenance, safety training, and alternative
transportation systems. The state department of education shall
submit a report of the study to the legislative oversight
commission on education accountability by the fifteenth day of
January, one thousand nine hundred ninety-nine.
§18-9A-10. Foundation allowance to improve instructional
programs.
(a) For the school year beginning on the first day of July,
one thousand nine hundred ninety-eight, and thereafter, the sum
of the allocations shall be the amount appropriated by the
Legislature for such purposes:
(1) One hundred fifty thousand dollars shall be allocated to
to each county;
(2) Distribution to the counties of the remainder of these
funds shall be made proportional to the average of each county's
average daily attendance for the preceding year and the county's
second month net enrollment. Moneys allocated by provision of
this section shall be used to improve instructional programs
according to a plan for instructional improvement which the
affected county board shall file with the state board by the
first day of August of each year, to be approved by the state
board by the first day of September of that year if such plan
substantially complies with standards to be adopted by the state
board: Provided, That notwithstanding any other provision of
this code to the contrary, moneys allocated by provision of this
section may also be used in the implementation and maintenance of
the uniform integrated regional computer information system; and
(3) Up to twenty-five percent of this allocation may be used
to employ professional educators and/or service personnel in
counties after all applicable provisions of sections four and
five of this article have been fully utilized: Provided, That
for the school year beginning on the first day of July, one
thousand nine hundred ninety-six, only, up to an additional
twenty-five percent of this allocation may be used to employ classroom teachers, as defined in section one, article one,
chapter eighteen-a of this code, and/or service personnel in
counties after all applicable provisions of sections four and
five of this article have been fully utilized: Provided,
however, That service personnel employed with the additional
twenty-five percent for the school year beginning on the first
day of July, one thousand nine hundred ninety-six, only, may not
include directors, coordinators or supervisors.
Prior to the use of any funds from this section for
personnel costs, the county board must receive authorization from
the state superintendent of schools. The state superintendent
shall require the district board to demonstrate: (1) The need
for the allocation; (2) efficiency and fiscal responsibility in
staffing; and (3) sharing of services with adjoining counties and
the regional educational service agency for that county in the
use of the total local district board budget. District boards
shall make application for available funds for the next fiscal
year by the first day of May of each year. On or before the
first day of June, the state superintendent shall review all
applications and notify applying district boards of the
distribution of the allocation: Provided, That for the school
year beginning on the first day of July, one thousand nine
hundred ninety-three, only, the state superintendent shall review
all applications and notify applying district boards of the
distribution of the allocation on or before the first day of
July, one thousand nine hundred ninety-three. Such funds shall
be distributed during the fiscal year as appropriate. The state superintendent shall require the county board to demonstrate the
need for an allocation for personnel based upon the county's
inability to meet the requirements of state law or state board
policy: Provided, however, That the funds available for
personnel under this section may not be used to increase the
total number of professional noninstructional personnel in the
central office beyond four. Such instructional improvement plan
shall be made available for distribution to the public at the
office of each affected county board.
(b) Commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-three, an amount
not less than the amount required to meet debt service
requirements on any revenue bonds issued prior to the first day
of January, one thousand nine hundred ninety-four, and the debt
service requirements on any revenue bonds issued for the purpose
of refunding revenue bonds issued prior to the first day of
January, one thousand nine hundred ninety-four, shall be paid
into the school building capital improvements fund created by
section six, article nine-d of this chapter, and shall be used
solely for the purposes of said article. The school building
capital improvements fund shall not be utilized to meet the debt
services requirement on any revenue bonds or revenue refunding
bonds for which moneys contained within the school building debt
service fund have been pledged for repayment pursuant to said
section.
CHAPTER 18A. SCHOOL PERSONNEL
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
§18A-3-2c. Training through the principals academy.
(a) Principal training required. -- After the first day of
January, one thousand nine hundred ninety-seven, and subject to
the provisions of subsection (c) of this section, every principal
shall complete a training program through the principals academy
at least once every four years.
(b) Admission to academy. -- The academy and the persons
attending such academy shall adhere to the following guidelines
for admission to the academy:
(1) All persons assigned as a principal for the first time
in a West Virginia school after the first day of March, one
thousand nine hundred ninety-six, shall complete training through
the academy: Provided, That if training through the academy is
scheduled to begin within ninety days from the date of
assignment, such person may complete the next scheduled training
through the academy;
(2) All principals of schools which have received from the
state board temporary or conditional accreditation status or
whose schools have been designated as seriously impaired, in
accordance with section five, article two-e, chapter eighteen of
this code, shall complete the next regularly scheduled training
through the academy following the date of such designation:
Provided, That if training through the academy is scheduled to
begin within thirty days from the date of such designation, such
principal may complete the next scheduled training through the
academy: Provided, however, That principals whose schools have received conditional accreditation status, whose plan for
correcting the deficiency which resulted in conditional
accreditation status exceeds one year and whose schools are
meeting the requirements of the plan, shall not be required to
attend the academy in each successive year;
(3) All principals who are subject to an improvement plan,
in accordance with section twelve, article two of this chapter,
shall complete the next regularly scheduled training through the
academy: Provided, That if training through the academy is
scheduled to begin within thirty days from the date the principal
is first subject to the improvement plan, then such principal may
complete the next scheduled training through the academy;
(4) All principals who transfer to a school with a
significantly different grade configuration shall complete the
next regularly scheduled training through the academy: Provided,
That if training through the academy is scheduled to begin within
ninety days from the date such principal is transferred, then
such principal may complete the next scheduled training through
the academy; and
(5) All persons serving as school principals who are not
described in subdivisions (1) through (4) of this subsection
shall complete training through the academy at least once every
four years from and after the first day of January, one thousand
nine hundred ninety-seven.
(c) Academy and attendance subject to funding. -- The
requirement that principals attend the academy shall be subject
to the availability of funds for the principals academy from legislative appropriation or from other sources. If such funds
are insufficient to provide for the total cost of admission to
the academy for those required to complete training, then the
academy shall admit the persons described in subdivisions (1)
through (5), subsection (b) of this section according to the
priority in which the subdivisions appear in said subsection. If
such funds are insufficient to provide for the admission of all
the persons described in one or more of subdivisions (1) through
(5), subsection (b) of this section, the academy is authorized to
determine which persons described within the said subdivision or
subdivisions shall be admitted and which shall not be admitted:
Provided, That the principals academy shall make every effort to
ensure that all principals attend once every four years from
and after the first day of January, one thousand nine hundred
ninety-seven: Provided, however, That nothing in this section
shall be construed to require any specific level of funding by
the Legislature.
(d) Principals standards advisory council. -- To assist the
state board in the performance of the duties described in
subsection (e) of this section, there is hereby created a
"Principals Standards Advisory Council", which shall consist of
nine persons, as follows: The executive director, or designee,
of the center for professional development, who shall serve as
the ex officio chair; three principals, one from an elementary
school, one from a middle school or a junior high school, and one
from a high school, and one county school superintendent,
nominated by the state board and appointed by the governor; two representatives from higher education who teach in principal
preparation programs, nominated by the chancellor of the state
university system and appointed by the governor; and two citizen
representatives who are knowledgeable on issues addressed in this
section, appointed by the governor. Of the initial appointments,
three of the members appointed shall serve for a term of three
years, three members shall serve for a term of two years, and two
members shall serve for a term of one year. All successive
appointments shall be for a term of three years. Members of the
council who are public employees shall be granted release time
from their employment for attending meetings of the council.
Members may be reimbursed for reasonable and necessary expenses
actually incurred in the performance of their official duties by
the center for professional development.
(e) Establishment of standards. -- On or before the first
day of October, one thousand nine hundred ninety-six, the state
board shall approve and promulgate rules regarding the minimum
qualities, proficiencies and skills that will be required of
principals after the first day of January, one thousand nine
hundred ninety-seven. The state board shall promulgate such rules
after consultation with the principals standards advisory council
created in subsection (d) of this section. The rule developed by
the state board shall address at least the following:
(1) Staff relations, including, but not limited to, the
development and use of skills necessary to make a positive use of
faculty senates, to manage faculty and staff with courtesy and
mutual respect, coach and motivate employees and to build consensus as a means of management;
(2) School community leadership qualities, including, but
not limited to, the ability to organize and leverage community
initiative, communicate effectively, work effectively with local
school improvement councils, manage change, resolve conflict and
reflect the highest personal values;
(3) Educational proficiencies, including, but not limited
to, knowledge of curriculum, instructional techniques, student
learning styles, student assessment criteria, school personnel
performance, evaluation skills and family issues; and
(4) Administrative skills, including, but not limited to,
organizational, fiscal, public policy and total quality
management skills and techniques.
(f) Waivers. -- Any person desiring to be relieved of the
requirements of all or any part of this section may apply in
writing to the state board for a waiver. Upon a showing of
reasonable cause why relief should be granted, the state board
may grant a waiver, upon such terms and conditions as the state
board shall determine proper, as to all or any part of this
section.
(g) Failure to comply. -- Any person who fails or refuses to
complete training through the academy, as required by the
provisions of this section, and who fails to obtain a waiver, as
described in subsection (f) of this section, shall be ineligible
to be employed as, or serve in the capacity of, a principal.
(h) Tracking of requirement. -- On or before the first day
of January, one thousand nine hundred ninety-seven, the state board shall establish a system to track the progress of each
person required to complete training through the academy and
shall regularly advise such persons of their progress.
(i) Payment of reasonable and necessary expenses and
stipends. -- The center for professional development may
reimburse persons attending the academy for reasonable and
necessary expenses. Additionally, any person whose attendance
occurs outside his or her employment term, as defined in section
fifteen, article five, chapter eighteen of this code, may be
entitled to a stipend to be determined by and paid by the center
for professional development: Provided, That nothing in this
section shall be construed to require any specific level of
funding by the Legislature.
ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.
§18A-3A-1. Center for professional development continued;
intent; advisory council.
(a) Teaching is a profession that directly correlates to the
social and economic well-being of a society and its citizens.
Superior teaching is essential to a well educated and productive
populace. Strong academic leadership provided by principals and
administrators skilled in modern management principles is also
essential. The intent of this article is to recognize the value
of professional involvement by experienced educators, principals
and administrators in building and maintaining a superior force
of professional educators and to establish avenues for applying
such involvement.
The general mission of the center is to study matters relating to the quality of teaching and management in the schools
of West Virginia and to promote the implementation primarily of
statewide programs and practices as recommended by the state
board to assure the highest quality in teaching and management.
The center also may implement local programs if the state board,
in its agenda set pursuant to section twenty-three-a, article
two, chapter eighteen of this code, determines that there is a
specific local need for the programs. Additionally, the center
shall perform such duties as are assigned to it by law.
Nothing in this article shall be construed to require any
specific level of funding by the Legislature.
(b) The center board shall consist of eleven persons as
follows: The secretary of education and the arts, ex officio,
and the state superintendent of schools, ex officio, both of whom
shall be entitled to vote; three members of the state board,
elected by the state board; three experienced educators, of whom
two shall be working classroom teachers and one of whom shall be
a school or county administrator, appointed by the governor by
and with the advice and consent of the Senate; and three citizens
of the state who are knowledgeable in matters relevant to the
issues addressed by the center, including, but not limited to,
professional development and management principles, appointed by
the governor by and with the advice and consent of the Senate.
Not more than two appointees shall be residents within the same
congressional district. The center board shall elect a board
chair.
Of the initial members from the state board, one shall be elected for a term of one year and two shall be elected for terms
of two years. All successive elections shall be for two-year
terms. The state board shall elect another member to fill the
unexpired term of any person so elected who subsequently vacates
state board membership. Of the initial appointed members, three
shall be appointed for one-year terms and three shall be
appointed for two-year terms. All successive appointments shall
be for two-year terms. The governor shall appoint a new member
to fill the unexpired term of any vacancy in the appointed
membership.
The center for professional development board shall meet at
least quarterly and the appointed members shall be reimbursed for
reasonable and necessary expenses actually incurred in the
performance of their official duties from funds appropriated or
otherwise made available for such purposes upon submission of an
itemized statement therefor.
The board chair, with the advice of the center board, from
appropriations to the center for professional development, may
employ and fix the compensation of an executive director with
knowledge and experience in professional development and
management principles and such other persons as may be necessary
to carry out the mission and duties of the center. When
practical, personnel employed by state higher education agencies
and state, regional and county public education agencies shall be
made available to the center to assist in the operation of
projects of limited duration.
The center shall assist in the delivery of programs and activities pursuant to this article to meet statewide, and if
needed as determined by the goals set by the state board pursuant
to section twenty-three-a, article two, chapter eighteen of this
code, the local professional development needs of teachers,
principals and administrators and may contract with existing
agencies or agencies created after the effective date of this
section or others to provide training programs in the most
efficient manner. Existing programs currently based in agencies
of the state shall be continued in the agency of their origin
unless the center establishes a compelling need to transfer or
cancel the existing program. The center shall recommend to the
governor the transfer of funds to the providing agency, if
needed, to provide programs approved by the center.
Pursuant to the provisions of article ten, chapter four of
this code, the center for professional development board shall
continue to exist until the first day of July, two thousand one.
(c) On or before the first day of January, one thousand
nine hundred ninety-eight, the center for professional
development shall develop and communicate to the state board a
curriculum for the principals academy. The curriculum shall be
based upon the minimum qualities, proficiencies and skills
necessary for principals and recommended by the state board,
pursuant to the terms of section two-c, article three of this
chapter.
(d) In accordance with section two-c, article three of this
chapter, the center shall be responsible for paying reasonable
and necessary expenses for persons attending the principals academy: Provided, That nothing in this section shall be
construed to require any specific level of funding by the
Legislature.
(e) Persons attending the professional development offerings
of the center and such other courses as shall be offered by the
center for professional development, except the principals
academy, shall be assessed fees which shall be less than the full
cost of attendance. There is hereby created in the state
treasury a special revenue account known as the "center for
professional development fund". All moneys collected by the
center shall be deposited in the fund for expenditure by the
center board for the purposes specified in this section. Moneys
remaining in the fund at the end of the fiscal year are subject
to reappropriation by the Legislature.
§18A-3A-2. Professional development project.
Subject to the provisions of
section twenty-three-a, article
two, chapter eighteen of this code
, through this project the
center shall:
(1) Identify, coordinate, arrange and otherwise assist in
the delivery of professional development programs and activities
that help professional educators acquire the knowledge, skills,
attitudes, practices and other such pertinent complements deemed
essential for an individual to demonstrate appropriate
performance as a professional personnel in the public schools of
West Virginia. The basis for such performance shall be the laws,
policies and regulations adopted for the public schools of West
Virginia, and amendments thereto. The center also may permit and encourage school personnel such as classroom aides, higher
education teacher education faculty and higher education faculty
in programs such as articulated tech prep associate degree and
other programs to participate in appropriate professional
development programs and activities with public school
professional educators;
(2) Identify, coordinate, arrange and otherwise assist in
the delivery of professional development programs and activities
that help principals and administrators acquire knowledge,
skills, attitudes and practices in academic leadership and
management principles for principals and administrators and such
other pertinent complements deemed essential for principals and
administrators to demonstrate appropriate performance in the
public schools of West Virginia. The basis for such performance
shall be the laws, policies and regulations adopted for the
public schools of West Virginia, and amendments thereto;
(3) Serve in a coordinating capacity to assure that the
knowledge, skills, attitude and other pertinent complements of
appropriate professional performance which evolve over time in
the public school environment are appropriately reflected in the
programs approved for the education of professional personnel,
including, but not limited to, advising the teacher education
programs of major statutory and policy changes in the public
schools which affect the job performance requirements of
professional educators, including principals and administrators;
(4) Provide for the routine updating of professional skills
of professional educators, including principals and administrators, through in-service and other programs. Such
routine updating may be provided by the center through statewide
or regional institutes which may require a registration fee; and
(5) Provide consultation and assistance to county staff
development councils established under the provisions of section
eight, article three of this chapter in planning, designing,
coordinating, arranging for and delivering professional
development programs to meet the needs of the professional
educators of their district. From legislative appropriations to
the center for professional development, exclusive of such
amounts required for the expenses of the principals academy, the
center shall, unless otherwise directed by the Legislature,
provide assistance in the delivery of programs and activities to
meet the expressed needs of the school districts for professional
development to help teachers, principals and administrators
demonstrate appropriate performance based on the laws, policies
and regulations adopted for the public schools of West Virginia
.
§18A-3A-2a. Development training project.
Subject to the provisions of
section twenty-three-a, article
two, chapter eighteen of this code
, through this project the
center shall develop training in the area of developmental
instruction with an emphasis in grades kindergarten through grade
four.
§18A-3A-2b. The principals academy.
There is hereby established within the center for
professional development the "Principals Academy". Training
through the principals academy shall include at least the following:
(a) Training designed to build within principals the minimum
qualities, proficiencies and skills that will be required of all
principals pursuant to the rules of the state board;
(b) Intensive summer training institutes; and
(c) Specialized training and professional development
programs for all principals, with special programs for the
following principals:
(1) Newly appointed principals;
(2) Principals of schools which have received from the
state board temporary or conditional accreditation status or
whose schools have been designated as seriously impaired;
(3) Principals subject to improvement plans; and
(4) Principals of schools with significantly different grade
level configurations.
§18A-3A-3. Professional personnel evaluation project.
Subject to the provisions of section twenty-three-a, article
two, chapter eighteen of this code through this project the
center shall:
(1) Establish programs that provide education and training
in evaluation skills to administrative personnel who will
evaluate the employment performance of professional personnel
pursuant to the provisions of section twelve, article two of this
chapter; and
(2) Establish programs that provide instruction to classroom
teachers who will serve as beginning teacher mentors in
accordance with the provisions of section two-b, article three of this chapter.
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