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HB4306 SUM House Bill 4306 History

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Key: Green = existing Code. Red = new code to be enacted

SUMMARY OF HB 4306



Implementing certain recommendations of the commission on educational quality and equity


CODE SECTIONS:

§18-1-1(Amend)
Definitions.
§18-2-26(Amend)
Annual professional development goals established by state board; coordination of professional development programs; program development, approval and evaluation.
§18-2-23a(New)
Establishment of multicounty regional educational service agencies; purposes; authority to implement regional services.
§18-2-32(New)
Strategic staff development fund.
§18-2E-1a(Amend)
Assessment and accountability programs; duties of the state board.
§18-2E-3c(New)
Summer school READS grant program created; legislative findings and purpose of section.
§18-2E-5(Amend)
Process for improving education; office of education performance audits; education standards; school accreditation and school system approval; intervention to correct impairments.
§18-2I-1(New)
Legislative purpose.
§18-2I-2(New)
Legislative findings.
§18-2I-3(New)
Creation of West Virginia staff development advisory council; members; and functions.
§18-2I-4(New)
Functions of the West Virginia staff development advisory council.
§18-2I-5(New)
Creation of regional staff development councils; members; and functions.
§18-2I-6(New)
Functions of the regional staff development councils.
§18-2I-7(New)
Limitations on funding of councils.
§18-9A-7(Amend)
Foundation allowance for transportation cost.
§18-9A-10(Amend)
Foundation allowance to improve instructional programs.
§18A-3-2c(Amend)
Training through the principals academy.
§18A-3A-1(Amend)
Center for professional development continued; intent; advisory council.
§18A-3A-2(Amend)
Professional development project.
§18A-3A-2a(Amend)
Development training project.
§18A-3A-2b(Amend)
The principals academy.
§18A-3A-3(Amend)
Professional personnel evaluation project.


SUMMARY:

§18-1-1
This section is amended to include three new definitions. A low density county is defined as a county with a ratio of student population to square miles that is less than or equal to the state average ratio and a high density county is defined as a county with a ratio that is greater than the state average ratio. Also, the term "casual deficit" is defined as a deficit of no greater than 3% of the approved levy estimate or a deficit that does not occur from year to year.

§18-2-23a
Subsection (a):
The intent of this new section is to provide for professional development programs with the State Board of Education developing goals annually that will be submitted to the State Department of Education, the Center for Professional Development, each RESA, the state college and university systems and LOCEA by 10/1. The goals must include measures that evaluate effectiveness and may include separate goals for various employee classifications. When establishing the goals, the State Board must consider the following:
(1) Staff development report from the WV Staff Development Advisory Council (§18-2I-4);
(2) Test scores on the statewide student assessment program;
(3) Measures of student/school performance for accreditation;
(4) School/School district report cards; and
(5) Plans for use of money from the Strategic Staff Development Fund (§18-2-32).

Subsection (b):

The Center for Professional Development and each RESA shall annually design a plan by 11/15 to meet the goals developed by the State Board relating to professional development. Copies of the proposed plans shall be submitted to LOCEA. The State Board shall review, approve or disapprove, and return the plans to the agencies by 1/1. If part or all of a proposed plan is disapproved, the State Board and the respective agency must come to a mutual agreement that will correct the areas of disapproval before the plan can be implemented.

Subsection (c):
The State Board must annually submit a proposed master plan for professional development by 2/1. The plan will include the following:
(1) Approved plan of the State Department of Education;
(2) Approved plan of the Center for Professional Development;
(3) Approved plans of each RESA;
(4) Plan for evaluating effectiveness;
(5) Cost estimate;
(6) Description of any proposals pending approval; and
(7) Reasons why any goal will not be met.

Subsection (d):
An approved master plan for professional development shall be established annually by 3/15, which will take effect on 6/1 and remain in effect until 5/31 of the following year.



§18-2-26
This section is amended to require each RESA to provide coordinated professional development programs pursuant to §18-2- 23a.

§18-2-32
Subsection (a)
This new section creates the Strategic Staff Development Fund. The funds are established in an account within the State Board and remaining funds not expended by the end of a fiscal year may be carried over to the next fiscal year. Moneys for the account are obtained by the code change relating to "Step 7" funding (refer to §18-9A-10).

Subsection (b)
The funds shall be used to provide needed staff development in schools and/or counties as determined by the State Board. Also, part of the funds will be expended for an independent evaluator to determine the effectiveness of the staff development that resulted from the use of these funds. The State Board shall annually report to LOCEA by 12/1 the following:
(1) Each expenditure amount;
(2) Each expenditure purpose; and
(3) Effectiveness of each staff development.


§18-2E-1a
Subsection (a)
This subsection is amended to update language relating to the State Board of Education developing an assessment program to measure the progress of public school students in attaining a high quality education. A new accountability program to help insure a thorough and efficient system of schools is also required to be developed by the State Board. Recommendations for both programs are to be presented to LOCEA by 1/1/99.

Subsection (b)
As part of their continuous responsibility for developing and implementing the assessment and accountability programs, the State Board will perform the following:
(1) Review, and when necessary, modify assessment tools;
(2) Consider multiple assessments;
(3) Review, and when necessary, modify
accountability measures; and
(4) Ensure student performance assessments are secure.
§18-2E-3c
Subsection (a)
Legislative findings are explained in this subsection and they include that early remediation is necessary before failure patterns develop, that students should be able to read at or above grade level before finishing the fourth grade, and that not all students are able to pay for summer school. Also, for students in grades K- 4 needing reading remediation, county boards should have the option of offering free summer school and may consider student attendance as a factor for eligible promotion. These students should also receive intensive reading instruction during the regular school year.


Subsection (b)
A competitive grant program, WV READS (Reading Excellence Accelerates Deserving Students), is established in this subsection. It is for K-4 students not performing at grade level. Schools with test scores below state standards and receiving federal funds for reading improvement will be given priority for grant awards.
County boards, or a community collaborative that is a partner with the county board and has leadership responsibility, will submit the grant applications and describe how the program will include:
(1) Strategies and methods for student learning that can be replicated;
(2) Measurable goals and benchmarks;
(3) Student progress evaluation plans;
(4) Utilization of other resources;
(5) Connection of summer and regular reading programs;
(6) Collaboration with colleges of education to provide experiences for prospective teachers if possible; and
(7) Other objectives developed by the State Board.

Subsection (c)
This subsection allows counties receiving a grant to encourage K-4 students not performing at reading grade level to attend summer school and may consider summer school attendance as a factor in determining promotion eligibility. It also requires these counties to provide intensive reading instruction for these students during the regular school year. Finally, any county board may permit students to participate in reading programs on a student fee basis.


Subsection (d)

Procedures for implementing the WV READS program are to be established by the State Board and shall:
(1) Appoint a grant review and selection panel;
(2) Notify and make applications available to all schools by September 30th;
(3) Establish a December 15th application deadline;
(4) Notify grant award winners before March 1st; and
(5) Develop other necessary requirements.
The State Board shall appoint an advisory board to assist them in developing the above procedures, including grant application, review and selection process. The board shall consist of the following members:
(1) Federal Programs Director, State Department of Education;
(2) Title I Reading Coordinator/Specialist, State Department;
(3) Library Commission and Community Schools Initiative Representative, Department of Education and the Arts;
(4) College/University Professor of Reading;
(5) WV Read Aloud Program Coordinator;
(6) Energy Express Project Director; and
(7) Mission WV Representative.
This advisory board may be chosen by the State Board as the grant review and selection panel. If not, the State Board must choose persons with expertise in the area of increasing reading skills of young students, with not more than one-half from the State Department of Education staff.

Subsection (e)
This subsection allows the State Board to use other funds to support the WV READS program and any other programs required by State Board policies. Other programs may include:
(1) Tutoring;
(2) Summer school educational services;
(3) Intensive reading instruction during the school year with additional certified personnel;
(4) Staff development; and
(5) Hot meal programs.

Subsection (f)
The contents of this bill do not take precedence over the IEP of any student.


Subsection (g)

The Legislature has no financial obligation to this section.



§18-2E-5
Subsection (a) - Legislative intent.
The general purpose of §18-2E-5 since its enactment in 1988 has been to provide assurances that a thorough and efficient system of schools is being provided for all public school students. Subsection (a) reflects an expanded recognition that the provision of a thorough and efficient system of schools includes four elements in a process for improving education: standards, assessment, accountability and capacity building.

Subsection (b) - State Board Rules.
This new subsection requires the State Board of Education to establish rules regarding unified county improvement plans and unified school improvement plans. Because these rules have already been filed with the Office of the Secretary of State, the subsection has language that relieves the State Board from filing these rules again.

Subsection (c) - High Quality Education Standards.

Current statute lists areas in which the State Board is to adopt High Quality Education Standards. The standards are currently set forth in State Board Policy 2320. To meet the definition of thorough and efficient system of schools, the standards must be periodically reviewed and updated.

Subsection (d) - Performance measures.

Measures of student, school and school system performance are currently set forth in statute and in State Board Policy 2320. An additional performance measure, related to efficiency, was added to the current statutory list: "effective school system participation with their assigned regional education service agency".

Subsection (e) - Assessment and accountability of school and school system performance and processes.

The current performance-based accreditation system includes the review of information on student, school and school system performance submitted annually to the State Board, the review of school and school system unified improvement plans and on-site reviews conducted randomly or in response to official complaints to verify compliance with the standards. This same approach is continued in establishing a system of education performance audits. The system of education performance audits will assist the State Board in ensuring that the standards and measures are, at a minimum, being met and that a thorough and efficient system of schools is being provided.

Subsection (f) - Uses of school and school system assessment and accountability information.

Information from the performance audit system will be used to assist the State Board in (1) determining accreditation and approval status, (2) establishing accountability for efficient use of existing resources, and (3) targeting additional resources when necessary to improve performance. As is current policy, primary emphasis in determining accreditation and approval status will be based upon school and school system performance with annual measures selected by the State Board.
The State Board is required to establish early detection and intervention programs to assist underachieving schools and school systems to improve 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.

Subsection (g) - Office of Education Performance Audits.
This is a new office that would be established by the State Board and report directly to the State Board. The office would be headed by a will and pleasure appointee of the State Board with a salary not to exceed the State Superintendent's. The purpose of the office is to assist the State Board in the operation of the system of education performance audits and determining the accreditation and approval status of schools and schools systems. It would administer the accreditation and approval processes, including (in subsection (h)) the review of information on performance and processes submitted to the State Board, the review of school and school system improvement plans, and composing and leading an education standards compliance review team for conducting on-site reviews of schools and school systems. Other duties related to assessing the quality of education which are assigned to the office include:
Assuring statewide assessments of student performance are secure;

Administer all accountability measures assigned by the State Board, including the processes for school accreditation and school system approval, and recommend appropriate action to the State Board;

Determine what capacity may be needed by schools and school systems to meet standards established by the State Board and the Legislature, and recommend plans to establish those needed capacities;

Determine whether statewide 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 of education;

Determine staff development needs to meet standards established by the State Board and the Legislature and make recommendations to all groups involved with the delivery of staff development; and

Identify exemplary schools and school systems and best practices that improve student, school and school system performance and make recommendations to the State Board, which shall provide information on best practices to county school systems.


Subsection (h) - On-site reviews.

At the direction of the State Board or by weighted random selection, on-site reviews will be conducted by an education standards compliance review team led by the Office of Education Performance Audits in accordance with rules adopted by the State Board. The purpose of the on-site reviews is to:
Verify data;

Document compliance with policies and laws;

Evaluate effectiveness and implementation status of local improvement plans; and

Investigate official complaints to the state board that allege serious impairments and/or violations of policies or laws.


Under the direction of the State Board, the Office will establish a trained cadre of persons to draw upon for on-site reviews, compose the team for conducting an on-site review, lead the on-site team, and report information to the State Board. County boards will be reimbursed for substitute costs when their employees serve on on-site teams.

Subsection (i) - School accreditation.
The State Board annually shall review information from the system of education performance audits and issue accreditation status to every school as follows:

(1) Full accreditation status ? Meets or exceeds all standards

(2) Temporary status ? Does not meet all standards
School improvement plan must be revised and include: objectives, time line, evaluation plan, cost and expected date for full accreditation

Revised plan must be submitted to the State Board for approval


(3) Conditional status ? Does not meet all standards but:
Revised plan is approved by the State Board; and

School is meeting its revised plan


(4) Seriously impaired ?
Fails to gain approval of revised plan within a reasonable time, or

  1. Fails to meet an approved revised plan, or

  1. Has extraordinary circumstances defined by State Board rule which create a serious impairment


When a school is declared to be seriously impaired:
State Board appoints a team of improvement consultants to make recommendations within 60 days for correction of the impairment;

Upon approval of the recommendations by the State Board, the recommendations are made to the county board; and

If progress in correcting the impairment is not made within 6 months, the State Board must place the county board on temporary approval status (meaning that the county board must revise its unified county improvement plan - see subsection (k)), and the State Board must provide consultation and assistance to the county board to:

Improve personnel management;

Establish more efficient financial management practices;

Improve instructional programs and rules; or

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. Current law is one year.

Subsection (j) - Transfers from seriously impaired schools.

Any student attending a school which is seriously impaired and failed to improve within one year 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. This is current law.

Subsection (k) - School system approval.
The State Board annually shall review information from the system of education performance audits and issue approval status to each county board as follows:

(1) Full approval status ? Meets or exceeds all standards and all schools have been given full, temporary or conditional accreditation


(2) Temporary approval status ? Below level required for full approval
School system improvement plan must be revised and include: objectives, time line, evaluation plan, cost and expected date for full approval

Revised plan must be submitted to the State Board for approval


(3) Conditional status ? Below level required for full approval but:
State Board approved revised plan; and

County board is meeting its revised plan


(4) Nonapproval ?
Fails to submit and gain approval of revised plan within a reasonable time, or

? Fails to meet an approved revised plan, or
  1. Has extraordinary circumstances defined by State Board rule which merit non approved status


This section was amended to add new language relating to counties that have more than a casual deficit. These counties must submit a plan to the State Board and specify strategies to eliminate the deficit. The State Board may adopt or reject the plan, but must communicate the reasons for its rejection to the county board. If the plan is rejected, the county board may resubmit a revised plan until approval is granted. If a plan is not submitted or does not gain approval before the end of the fiscal year in which the deficit occurred, the State Board may issue nonapproval status to the county. The State Board may also issue nonapproval status to those counties that had a plan approved but are not complying with the plan.
When a school system obtains the status of nonapproval, the state board shall declare a state of emergency and:
State Board appoints a team of improvement consultants to make recommendations within 60 days for correction of the emergency

Upon approval of the recommendations by the State Board, the recommendations are made to the county board

If progress in correcting the emergency is not made within 6 months, 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. Current law states this intervention may include but is not limited to:


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;

Taking such other direct action as may be necessary to correct the emergency; and

Declaring the office of the county superintendent vacant.


Subsection (l) - Capacity.
This new subsection indicates that the process for improving education is a process for strategically targeting resources. The unified school and school system improvement plans are to provide mechanisms to strategically target resources to improve student, school and school system performance. When deficiencies are detected, the plans are to be revised and approved to assure efficient use of existing resources to correct the deficiency. If the deficiencies are still not corrected, the State Board shall work with the county board to develop or secure resources that will increase capacity to meet the existing standards. If necessary, consultation with the Governor and the Legislature will occur to seek additional resources.
This subsection also contains a list of items that the State Board must do to make recommendations to the Legislature, county boards, schools and communities on methods for strategically targeting resources to eliminate deficiencies identified in the assessment and accountability processes, including recommendations for priority funding, technical assistance and staff development. The amendments to this section become effective 7/1/98.


§18-2I-1
The Legislative purpose is described as creating the West Virginia Staff Development Advisory Council (WVSDAC) and eight Regional Staff Development Councils (RSDC's) to coordinate the delivery of staff development programs throughout the state.

§
18-2I-2
The Legislative findings are described as follows:
a. Current delivery of staff development is inadequate and inefficient;
b. The creation of the WVSDAC and the eight RSDC's will assure efficient delivery of staff development training programs and eliminate duplication
;
c. The councils will also assure that personnel will be aware of needs and services and be involved in planning and implementation; and
d. The councils will assure high quality programs in the most efficient manner.

§
18-2I-3
The WVSDAC consists of the following 31 members:
a. Eight RSDC chairpersons;
b. Eight RESA staff development council coordinators;
c. Associate Superintendent, Division of Research, Technology and Professional Services, State Department of Education;
d. Assistant Superintendent, Division of Instructional and Student Services, State Department;
e. Assistant Superintendent, Division of Technical and Adult Education Services, State Department;
f. Assistant Superintendent, Division of Administrative Services, State Department;
g. Secretary, Education and the Arts;
h. Chancellor, University System;
i. Chancellor, State College System;
j. Director, WV Education Fund;
k. Executive Director, Center for Professional Development;
l. President, WV Education Association;
m. President, WV Federation of Teachers;
n. President, WV Professional Educators;
o. President, WV Association of School Administrators;
p. President, WV Association of Elementary and Middle School Principals; and
q. President, WV Association of Secondary School Principals.
All but the eight RSDC chairpersons,
eight RESA staff development council coordinators and the associate or assistant superintendents from the State Department may choose a designee to fulfill his or her council membership. Reimbursement for expenses shall be at the discretion of the agency in which the member is employed.

§18-2I-4
The WVSDAC has the following functions:
a. Identify and prioritize statewide needs;
b. Identify effective programs;
c. Communicate information and findings annually to RSDC's, State Board and LOCEA by 9/1;
d. Meet twice a year; and
e. Elect a chairperson that serves two years.

§18-2I-5
The eight RSDC's will be structured within the eight RESA's and each will consist of the following members:
a. Chairperson of each county professional staff development council;
b. Staff Development Coordinator of each county or designee;
c. Staff Development Coordinator of the applicable RESA;
d. Executive Director of the applicable RESA; and
e. Designee of the Chancellor of the University System; and
f. Designee of the Chancellor of the
State College System.
All but the chairpersons and coordinators of each county staff development council
serve as ex officio members. Reimbursement for expenses shall be at the discretion of the agency in which the member is employed.

§18-2I-6

The RSDC's have the following functions:

a. Identify and prioritize regional needs;
b. Identify effective programs;
c. Establish and oversee effective multicounty budgets if requested by the appropriate RESA;
d. Coordinate activities for the region if requested by the appropriate RESA
;
e. Facilitate communications at all levels;
f. Meet four times a year;
g. Elect a chairperson that serves two years; and
h. Report to the WVSDAC.

§18-2I-7

The Legislature has no financial obligation to any section of article 2I, chapter 18.


§18-9A-7
This section is amended to increase the percentage of transportation cost for maintenance, operation and related costs from eighty to ninety percent for low density counties and from eighty to eighty-five percent for high density counties. Current language allows for eighty percent of the transportation cost to be computed for each of the fifty-five counties.
The section is further amended to increase the percentage of transportation cost for maintenance, operation and related costs of alternatively fueled school buses from ninety to ninety-five percent. For the current fiscal year, three counties were reimbursed for the use of alternatively fueled school buses.
Language relating to the state board and the distribution of the additional allowance for alternatively fueled school buses for qualifying counties is deleted. The additional allowance for counties using alternatively fueled school buses is currently capped at $100,000 and has never been exceeded. For the current fiscal year, the additional allowance is $7,335.
The section is amended further by deleting language relating to large, sparsely populated counties that apply to the state superintendent for funding of additional mini buses. Currently, the state superintendent reviews applications from individual counties and decides to grant additional mini buses based upon transportation needs and county population.
The section is also amended by increasing the percentage of the contracted transportation services and public utility transportation from eighty to ninety percent for low density counties and from eighty to eighty-five percent for high density counties. It also increases the percentage of the transportation cost for maintenance, operation and related costs as it relates to multicounty vocational centers from ninety to ninety-five percent. Other obsolete language involving rules promulgated by the state board is deleted and the cap relating to a county not receiving a transportation allowance greater than one third the computed state average is clarified by preceding the terms "mile" and "mileage" with "transportation".
New language relating to academic classroom curriculum trips requires that each county use one-half percent of its transportation allowance for this purpose only. It also allows any remaining funds to be carried over to the next fiscal year and allows the state board of education to monitor county boards of education as it relates to the expenditure of these funds.
Finally, the section is amended by adding new language relating to a comprehensive study of student transportation. The state department of education is responsible for "causing" the study which is to be submitted to LOCEA by January 15, 1999. The study shall cover transportation issues such as funding, timeliness of data used in formula distribution, service personnel needed, inter-county service, regionalization of services, bus routes, amount of time students spend on buses, maintenance, safety training, alternative transportation systems and any other related issues as determined by the originator of the report.
§18-9A-10
This section is amended to remove language relating to accrued funds from the balances of the general school fund which is currently added to the amount appropriated by the Legislature. These accrued funds will no longer be distributed through "Step 7" of the school aid formula, or the "Allowance to Improve Instructional Programs". The funds, which are estimated to be in the amount of $522,000 for FY99, will be expended according to the provisions of §18-2-32, "Strategic Staff Development Fund".
This section is amended further by the passage of SB 533, relating to the School Building Authority.

§18A-3-2c
This section relating to those principals required to attend the Principals Academy is amended to make the language consistent with §18-2E-5. If a school has received temporary or conditional accreditation status, or has been designated as seriously impaired, the principal of that school is required to attend. However, if a school received conditional accreditation status and is meeting the requirements of an improvement plan that was submitted more than a year ago, the principal of that school is not required to attend.
§18A-3A-1
Subsection (a)
The subsection relating to the mission of the Center for Professional Development is amended to primarily promote and implement "statewide" programs and practices "as recommended by the State Board" to assure the highest quality in teaching and management. The Center may implement local programs if there is a need and the State Board approves such program according to §18-2- 23a.

Subsection (b)
The subsection is amended to replace the Secretary of Education and the Arts as the designated Chairman of the Center for Professional Development Board with an election process. The members of the Center Board shall elect the Chairman.


§18A-3A-2
This section relating to the Professional Development Project under the Center for Professional Development is amended to require its provisions to be subject to §18-2-23a.

§18A-3A-2a
This section relating to the Development Training Project under the Center for Professional Development is amended to require its provisions to be subject to §18-2-23a.


§18-3A-2b
This section relating to those principals required to attend the Principals Academy is amended to make the language consistent with §18-2E-5. If a school has received temporary or conditional accreditation status, or has been designated as seriously impaired, the principal of that school shall receive specialized training, professional development and special programs.

§18-3A-3
This section relating to the Professional Personnel Evaluation Project under the Center for Professional Development is amended to require its provisions to be subject to §18-2-23a.


EFFECTIVE DATE:
Upon Passage

CONSULTANT:Steve Wilkerson

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