ENROLLED
Senate Bill No. 1000
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Passed March 20, 1994; in effect from passage.]
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AN ACT to amend and reenact section eighteen, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend article two-d,
chapter five-b of said code by adding thereto a new section,
designated section eight; to amend and reenact sections
seven and twenty-six, article two, chapter eighteen of said
code; to further amend said article by adding thereto three
new sections, designated sections seven-b, eight-a and
seventeen; to further amend said chapter by adding thereto
a new article, designated article two-h; to amend and
reenact sections fifteen and eighteen, article five of said
chapter; to further amend said article by adding thereto a
new section, designated section twenty-two-a; to amend and
reenact section five, article five-a of said chapter; to
amend article seven-a of said chapter by adding thereto a
new section, designated section twenty-six-m; to amend and
reenact section ten, article seven-b of said chapter; to
amend and reenact sections two, four and eleven, article
eight of said chapter; to amend and reenact sections three-
a, six, six-a, seven, eight-a, nine, ten and twenty-four,
article nine-a of said chapter; to further amend said
article by adding thereto a new section, designated section
six-b; to amend and reenact sections three and five, article
twenty of said chapter; to further amend said article by
adding thereto a new section, designated section one-c; to
amend chapter eighteen-a of said code by adding thereto a
new article, designated article three-b; to amend and
reenact section five, article four of said chapter; to
further amend said article by adding thereto a new section,
designated section nineteen; and to amend and reenact
section one-a, article five of said chapter, all relating to
education, school aid formula; changes in public employees
insurance agency payments by county boards of education;
governor's workforce development council created; makeup of
council; reports to Legislature; termination date; accepting
American sign language as a credited course of study in
foreign language; requiring the state board of education to
prescribe programs in drug prevention, violence reduction
and firearm safety; requiring the state board of education
to conduct a study of staff fluctuations in schools with a
high percentage of at-risk students; allowing a county board
of education a waiver in implementation of uniform
integrated regional computer information system under
certain terms and conditions; requiring public notice andhearings prior to state-mandated educational reform;
extending the instructional term limit; changing requirement
for criterion referenced test for the current school year;
deleting certain language relating to excess levy
inequities; deleting full-day kindergarten programs for the
school year one thousand nine hundred ninety-five; requiring
county boards of education to develop a policy for
administering medications; requiring certain employees to
administer medications and exempting others; requiring
faculty senates to develop a strategic plan to manage
integration of special needs students; outlining basic
elements of the strategic plan; providing supplemental
retirement benefits for certain teachers; recalculating
employer contributions for the teachers' defined
contribution retirement system; compulsory school attendance
for children under eighteen; establishing misdemeanor
offense for person causing a minor to miss school without
just cause; penalties; establishing misdemeanor offense for
person eighteen years of age or older who fails to attend
school without just cause; penalties; requiring attendance
director to serve notice for school absences; allowing the
attendance director to make home visits; requiring
attendance director to notify the division of motor vehicles
of a school withdrawal within five days; changing total
state basic foundation program for the year one thousand
nine hundred ninety-four--one thousand nine hundred ninety-
five only; changing formula for deriving workers'compensation contribution for certain personnel by county
boards; providing for unfunded liability allowance for the
teachers' retirement fund allowance; allocation of growth of
local share; transportation allowance for the use of
alternative fuel; promulgation of rules; foundation
allowance for regional education service agencies; change in
distribution of foundation allowance share for faculty
senates; changes in foundation allowance to improve
instructional programs; providing foundation allowance for
public employees insurance for state-funded employees;
providing for insurance payments for other education
employees; providing guidelines for the integration of
special needs students into regular classroom; training for
regular classroom teachers; individualized education program
for special needs students; providing that special education
aides cannot be reassigned without their consent; county
reports on integrated classrooms; requiring state
superintendent to submit a state plan on integrated
classrooms; establishing an educators' professional
standards board; composition of the board; powers and duties
of the board; salary equity funding calculations for
nonfiscal agency counties in counties which jointly support
a multicounty vocational school; alteration of contract for
certain professional and school service personnel under
certain circumstances not new positions requiring posting;
and extending suspension time to ten school days.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that article two-d, chapter
five-b of said code be amended by adding thereto a new section,
designated section eight; that sections seven and twenty-six,
article two, chapter eighteen of said code be amended and
reenacted; that said article be further amended by adding thereto
three new sections, designated sections seven-b, eight-a and
seventeen; that said chapter be further amended by adding thereto
a new article, designated article two-h; that sections fifteen
and eighteen, article five of said chapter be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section twenty-two-a; that section
five, article five-a of said chapter be amended and reenacted;
that article seven-a of said chapter be amended by adding thereto
a new section, designated section twenty-six-m; that section ten,
article seven-b of said chapter be amended and reenacted; that
sections two, four and eleven, article eight of said chapter be
amended and reenacted; that sections three-a, six, six-a, seven,
eight-a, nine, ten and twenty-four, article nine-a of said
chapter be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section six-
b; that sections three and five, article twenty of said chapter
be amended and reenacted; that said article be further amended by
adding thereto a new section, designated section one-c; that
chapter eighteen-a of said code be amended by adding thereto a
new article, designated article three-b; that section five,article four of said chapter be amended and reenacted; that said
article be further amended by adding thereto a new section,
designated section nineteen; and that section one-a, article five
of said chapter be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-18. Payment of costs by employer; schedule of insurance;
special funds created; duties of treasurer with respect
thereto.
All employers operating from state general revenue or
special revenue funds or federal funds or any combination thereof
shall budget the cost of insurance coverage provided by the
public employees insurance agency to current and retired
employees of the employer as a separate line item, titled "PEIA",
in its respective annual budget and are responsible for the
transfer of funds to the director for the cost of insurance for
employees covered by the plan. Each spending unit shall pay to
the director its proportionate share from each source of funds.
Any agency wishing to charge general revenue funds for insurance
benefits for retirees under section thirteen of this article must
provide documentation to the director that the benefits cannot be
paid for by any special revenue account or that the retiring
employee has been paid solely with general revenue funds for
twelve months prior to retirement.
If the general revenue appropriation for any employer,
excluding county boards of education beginning the first day of
July, one thousand nine hundred ninety-five, and thereafter, is
insufficient to cover the cost of insurance coverage for the
employer's participating employees, retired employees and
surviving dependents, the employer shall pay the remainder of the
cost from its "personal services" or "unclassified" line items.
Beginning the first day of July, one thousand nine hundred
ninety-five, and thereafter, the amount of such payments for
county boards of education shall be determined by the method set
forth in section twenty-four, article nine-a, chapter eighteen of
this code:
Provided,
That local excess levy funds shall be used
only for the purposes for which they were raised:
Provided,
however,
That after approval of its annual financial plan, but in
no event later than the thirty-first day of December of each
year, the finance board shall notify the Legislature and county
boards of education of the maximum amount of employer premiums
that the county boards of education will be required to pay for
covered employees during the following fiscal year:
Provided
further,
That the amount shall not exceed five million five
hundred thousand dollars during fiscal year one thousand nine
hundred ninety-four: And provided further, That the amount shall
not exceed four million dollars during fiscal year one thousand
nine hundred ninety-five.
All other employers not operating from the state general
revenue fund shall pay to the director their share of premium
costs from their respective budgets. The finance board shallestablish the employers' share of premium costs to reflect and
pay the actual costs of the coverage including incurred but not
reported claims.
The contribution of the other employers (namely: A county,
city or town) in the state; any separate corporation or
instrumentality established by one or more counties, cities or
towns, as permitted by law; any corporation or instrumentality
supported in most part by counties, cities or towns; any public
corporation charged by law with the performance of a governmental
function and whose jurisdiction is coextensive with one or more
counties, cities or towns; any comprehensive community mental
health center or comprehensive mental retardation facility
established, operated or licensed by the secretary of health and
human resources pursuant to section one, article two-a, chapter
twenty-seven of this code, and which is supported in part by
state, county or municipal funds; and a combined city-county
health department created pursuant to article two, chapter
sixteen of this code for their employees shall be such percentage
of the cost of the employees' insurance package as the employers
deem reasonable and proper under their own particular
circumstances.
The employee's proportionate share of the premium or cost
shall be withheld or deducted by the employer from the employee's
salary or wages as and when paid and the sums shall be forwarded
to the director with such supporting data as the director may
require.
All moneys received by the public employees insurance agencyshall be deposited in a special fund or funds as are necessary in
the state treasury and the treasurer of the state shall be
custodian of the fund or funds and shall administer the fund or
funds in accordance with the provisions of this article or as the
director may from time to time direct. The treasurer shall pay
all warrants issued by the state auditor against the fund or
funds as the director may direct in accordance with the
provisions of this article.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2D. WEST VIRGINIA GUARANTEED WORK FORCE PROGRAM.
§5B-2D-8. Governor's work force development council created;
quarterly reports; conclusion of work and termination date.
The governor's work force development council is hereby
created to develop and implement a plan of action to coordinate
existing and new jobs training programs in various agencies of
state government, including the statewide school-to-work
opportunity system, consistent with the needs of local
communities, school systems and businesses.
The governor's work force development council shall be
composed of the governor, who shall be the chair of the council,
or the governor's chief of staff serving as the governor's
designee; the commissioner of the bureau of employment programs;
the director of the West Virginia development office; the
secretary of education and the arts, or the assistant director
for community colleges in the higher education central office
serving as the secretary's designee; the secretary of health and
human resources, or the director of the office of work andtraining serving as the secretary's designee; the state
superintendent of schools, or the assistant superintendent for
technical and adult education serving as the superintendent's
designee; the chair of the council for community and economic
development, or another private sector member of the council
serving as the chair's designee; a labor representative who shall
be a member of the joint apprenticeship and training council
appointed by the governor; a small business representative who
shall be from a firm with twenty-five or less employees appointed
by the governor; a representative of a private proprietary
school; an industry representative appointed by the governor; and
the chair of the joint commission for vocational-technical-
occupational education, or the executive director of the joint
commission serving as the chair's designee. Staff of the joint
commission on vocational-technical-occupational education shall
serve as staff of the council:
Provided,
That the joint
commission on vocational-technical-occupational education may not
hire additional staff unless the Legislature expressly
appropriates funds therefor:
Provided, however,
That the joint
commission on vocational-technical-occupational education shall
coordinate staff activities performed for the council with the
office of the governor in order to draw upon resources presently
existing in the various state agencies and programs represented
on the council. Any vocational or jobs training program
receiving state or federal funds for education shall provide data
to the council upon request.
Beginning in the first quarter of the fiscal year, onethousand nine hundred ninety-five, the governor's work force
development council shall make written quarterly reports to the
legislative oversight commission on education accountability at
such time and in such form as the commission shall direct. Such
quarterly reports shall include preliminary data, conclusions and
recommendations relating to the plan of action and may include
specific recommendations for administrative and statutory change.
On or before the thirtieth day of November, one thousand
nine hundred ninety-five, the governor's work force development
council as created and composed under the provisions of this
article shall conclude its work with the issuance of a final
report summarizing its plan of action and specific
recommendations for reallocation of resources, modification of
programs, geographic distribution of services, proposals for
administrative change, and any proposals for legislation, in the
form of specific bills recommended to the Legislature.
The governor's work force development council shall
terminate on the first day of July, one thousand nine hundred
ninety-six.
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-7. Courses of study; language of instruction.
The state board of education shall prescribe minimum
standards in the courses of study to be offered in elementary
schools, high schools, vocational schools and in all other kinds,
grades and classes of schools or departments thereof, which may
now or hereafter be maintained in the state, in whole or in part,from any state fund or funds:
Provided,
That the courses of study
in the public schools in the state shall be prepared by the
faculties, teachers or other constituted authority thereof, and
shall, before going into effect, be submitted to the state board
of education for its approval. The basic language of instruction
in all schools, public, private and parochial, shall be the
English language only. The state board shall not adopt any
policies or rules which set out time requirements within the
instructional day for instruction in kindergarten through fourth
grade.
The state board of education shall accept American sign
language as a credited course of study in a foreign language in
elementary schools, high schools, vocational schools and in all
other kinds, grades and classes of schools or departments
thereof:
Provided,
That nothing in this section shall be
construed to require the provision of instruction in American
sign language that is not otherwise required by state or federal
statute or regulation:
Provided, however,
That on or before the
sixth day of January, one thousand nine hundred ninety-five, the
state board shall provide to the governor and to the president of
the Senate and the speaker of the House of Delegates a plan for
teaching American sign language in public schools, which plan
shall include the form and manner proposed by the state board for
implementation of the teaching of American sign language in the
schools, the time frame for implementation and the projected cost
of the implementation.
§18-2-7b. Programs in drug prevention and violence reduction.
In order for the schools to become healthy learning
environments and to provide a strong defense against drug use and
violence, the state board of education shall prescribe programs
within the existing health and physical education program which
teach resistance and life skills to counteract societal and peer
pressure to use drugs, alcohol and tobacco, and shall include
counselors, teachers and staff in full implementation of the
program. The board shall also prescribe programs to coordinate
violence reduction efforts in schools and between schools and
their communities and to train students, teachers, counselors and
staff in conflict resolution skills. The program shall be
comprehensive, interdisciplinary and shall begin in elementary
school. The state board shall report to the legislative
oversight commission on education accountability on the status of
the programs no later than the first day of July, one thousand
nine hundred ninety-five.
§18-2-8a. Course of study in firearms and firearm safety.
The state board of education may, with the advice of the
state superintendent of schools and the director of the division
of natural resources, prescribe an orientation program for use in
the public schools of this state in the safety of firearms. The
orientation program shall deal with the protection of lives and
property against loss or damage as a result of improper use of
firearms. The orientation program shall also include instruction
about the proper use of firearms in hunting, sport competition
and care and safety of firearms in the home and may utilize
materials prepared by any national nonprofit membershiporganization which has as one of its purposes the training of
people in marksmanship and the safe handling and use of firearms.
The county superintendent may arrange for such orientation
program in the safety of firearms and its use in each school in
the county.
§18-2-17. Study on fluctuating staff in schools with a high
percentage of at-risk students.
The West Virginia board of education shall conduct a
comprehensive study of staff fluctuations in schools with a high
percentage of at-risk students. At-risk students are defined as
students with the potential for academic failure, including, but
not limited to, the risk of dropping out of school, involvement
in delinquent activities and those students with free and reduced
lunch status. The state superintendent shall prepare a written
report detailing the findings, conclusions and recommendations
generated by the study to be presented to the legislative
oversight commission on education accountability by the first day
of January, one thousand nine hundred ninety-five.
§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 purposeof 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 thiscode, 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 suchinstruction.
(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. Countyboards 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 hundredninety-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.
ARTICLE 2H. PUBLIC NOTICE AND PARTICIPATION IN STATE-MANDATED
EDUCATIONAL REFORM.
§18-2H-1. Legislative findings.
The Legislature hereby finds and declares that, while an
educated and informed citizenry is essential to a democratic
society, so also is the right, opportunity and guarantee that the
citizenry have the right to notice and participation in any
state-mandated educational reform which changes, or is intended
to change, statewide data systems, statewide curriculum, or any
state-mandated education reform which constitutes a significant
change in the philosophy or goals of education in the public
schools of West Virginia as that is defined by state board rule.
In order to ensure the right and opportunity of the
citizenry to notice and participation in any proposed state-
mandated educational reform, a procedure for notice to the
citizenry and public hearings shall be developed.
§18-2H-2. Notice, written comments and public hearing.
Prior to the adoption or implementation of any state-
mandated education reform which constitutes a significant change
in the philosophy or goals of education in the public schools of
West Virginia, the state board of education shall give notice and
hold public hearings on the proposed education reform.
At least sixty days prior to the date set for hearings, the
state board shall provide notification of the proposed education
reform in the manner specified in section three of this article:
Provided,
That the provisions of this section do not apply to
emergency rules promulgated by the state board of education
pursuant to section ten, article three-b, chapter twenty-nine-aof this code.
From the date of the public notice through the date of the
last scheduled public hearing, the state board shall receive
written comments to the intended state-mandated education reform
constituting a significant change in the philosophy or goals of
education in the public schools of West Virginia. After the
minimum period of sixty days following the public notice of
hearings, the state board, or the state department of education
if so delegated by the state board, shall hold not less than four
public hearings at various locations in the state, during which
hearings the general public and affected citizenry shall have the
opportunity to have questions and objections to the proposed
education reform answered and to have their views made part of
the public record.
If, after receipt of written comments and the public
hearings, the state board makes any change in the proposed
education reform, it shall make a public announcement of that
change not less than thirty days prior to its vote on the reform.
The affected citizenry may submit written comments on any such
changes.
§18-2H-3. Procedures for hearings and public participation.
(a) Prior to the implementation of any state-mandated
educational reform which constitutes a significant change in the
philosophy or goals in the public schools of this state and the
hearings required thereon, the state board shall provide notice
by submitting a copy of the proposed reform and a press release
to public and private television and radio stations,disseminating press releases to newspapers of general
circulation, and notifying the parents of students in all schools
which might be affected by sending notices home with the
students, or by distribution to the parents in any other
reasonable manner. The notice and plans shall be in such form
and contain such information as the state board may require to
fully inform the citizenry of the nature and scope of the
educational reform, including the proposed educational reform and
the date, time and place of the public hearings.
(b) The state board shall provide timely written notice to
any person who has asked the state board to place the person's
name on a mailing list maintained by the state board.
(c) The state board shall maintain a verbatim record of all
hearings.
(d) The state board may not impose fees or other charges for
such a public hearing.
§18-2H-4. Impact of public participation.
The extent of additional information received by the state
board from the general public and the affected citizenry, with
respect to the impact of the proposed educational reform, may be
cause for the state board to change, alter, amend, implement or
rescind the proposed educational reform.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-15. School term; exception; levies; ages of persons to
whom schools are open.
(a) The board shall provide a school term for its schools
which shall be comprised of: (1) An employment term forteachers; and (2) an instructional term for pupils. Nothing in
this section shall prohibit the establishment of year-round
schools in accordance with rules to be established by the state
board.
The employment term for teachers shall be no less than ten
months, a month to be defined as twenty employment days exclusive
of Saturdays and Sundays:
Provided,
That the board may contract
with all or part of the personnel for a longer term. The
employment term shall be fixed within such beginning and closing
dates as established by the state board:
Provided, however,
That the time between the beginning and closing dates does not
exceed forty-three weeks.
Within the employment term there shall be an instructional
term for pupils of not less than one hundred eighty nor more than
one hundred eighty-five instructional days:
Provided,
That the
minimum instructional term may be decreased, by order of the
state superintendent of schools, in any West Virginia county
declared to be a federal disaster area by the federal emergency
management agency. Instructional and noninstructional activities
may be scheduled during the same employment day.
Noninstructional interruptions to the instructional day shall be
minimized to allow the classroom teacher to teach. The
instructional term shall commence no earlier than the
twenty-sixth day of August and shall terminate no later than the
eighth day of June: Provided, however, That the state board of
education shall evaluate data which shall be submitted by each
county by the first of June, one thousand nine hundred ninety-four, regarding the climate control conditions, such as air
conditioning and related information at each school in the
county, and how these conditions impact on the instructional
term.
The criterion referenced test mandated in section two,
article two-e of this chapter shall not be required to be given
during school year one thousand nine hundred ninety-three--
ninety-four.
Noninstructional days in the employment term may be used for
making up canceled instructional days, curriculum development,
preparation for opening and closing of the instructional term,
in-service and professional training of teachers, teacher-pupil-
parent conferences, professional meetings and other related
activities. In addition, each board shall designate and schedule
for teachers and service personnel six days to be used by the
employee outside the school environment. However, no more than
eight noninstructional days, except holidays, may be scheduled
prior to the first day of January in a school term.
Notwithstanding any other provisions of the law to the
contrary, if the board has canceled instructional days equal to
the difference between the total instructional days scheduled and
one hundred seventy-eight, each succeeding instructional day
canceled shall be rescheduled, utilizing only the remaining
noninstructional days, except holidays, following such
cancellation, which are available prior to the second day before
the end of the employment term established by such county board.
Where the employment term overlaps a teacher's or servicepersonnel's participation in a summer institute or institution of
higher education for the purpose of advancement or professional
growth, the teacher or service personnel may substitute, with the
approval of the county superintendent, such participation for not
more than five of the noninstructional days of the employment
term.
The board may extend the instructional term beyond one
hundred eighty-five instructional days provided the employment
term is extended an equal number of days. If the state revenues
and regular levies, as provided by law, are insufficient to
enable the board of education to provide for the school term, the
board may at any general or special election, if petitioned by at
least five percent of the qualified voters in the district,
submit the question of additional levies to the voters. If at
the election a majority of the qualified voters cast their
ballots in favor of the additional levy, the board shall fix the
term and lay a levy necessary to pay the cost of the additional
term. The additional levy fixed by the election shall not
continue longer than five years without submission to the voters.
The additional rate shall not exceed by more than one hundred
percent the maximum school rate prescribed by article eight,
chapter eleven of the code, as amended.
(b) The public schools shall be open for the full
instructional term to all persons who have attained the entrance
age as stated in section five, article two and section eighteen,
article five, chapter eighteen of this code:
Provided,
That any
student suspended or expelled from public or private school shallonly be permitted to enroll in public school upon the approval of
the superintendent of the county where the student seeks
enrollment:
Provided, however,
That in making such decision, the
principal of the school in which the student may enroll shall be
consulted by the superintendent and the principal may make a
recommendation to the superintendent concerning the student's
enrollment in his or her new school:
Provided further,
That if
enrollment to public school is denied by the superintendent, the
student may petition the board of education where the student
seeks enrollment.
Persons over the age of twenty-one may enter only those
programs or classes authorized by the state board of education
and deemed appropriate by the county board of education
conducting any such program or class:
Provided,
That
authorization for such programs or classes shall in no way serve
to affect or eliminate programs or classes offered by county
boards of education at the adult level for which fees are charged
to support such programs or classes.
§18-5-18. Kindergarten programs.
County boards of education shall provide by the school year
one thousand nine hundred eighty-three--eighty-four, and continue
thereafter, kindergarten programs for all children who shall have
attained the age of five prior to the first day of September of
the school year in which the pupil enters such kindergarten
program and may establish kindergarten programs designed for
children below the age of five:
Provided,
That beginning with the
school year one thousand nine hundred ninety-six--ninety-seven,such programs shall be full-day everyday. Before the first day
of November, one thousand nine hundred ninety-four, the state
board shall review cost estimates and report to the legislative
oversight commission on education accountability on the
feasibility of implementing a full-time kindergarten program.
Persons employed as kindergarten teachers, as distinguished
from paraprofessional personnel, shall be required to hold a
certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board of
education. The state board of education shall establish and
prescribe guidelines and criteria setting forth the minimum
requirements for all paraprofessional personnel employed in
kindergarten programs established pursuant to the provisions of
this section and no such paraprofessional personnel shall be
employed in any kindergarten program unless he meets such minimum
requirements.
The state board of education with the advice of the state
superintendent of free schools shall establish and prescribe
guidelines and criteria relating to the establishment, operation
and successful completion of kindergarten programs in accordance
with the other provisions of this section. Guidelines and
criteria so established and prescribed are also intended to serve
for the establishment and operation of nonpublic kindergarten
programs and shall be used for the evaluation and approval of
such programs, provided application for such evaluation and
approval is made in writing to the state board by proper
authorities in control of such programs. The statesuperintendent of free schools at intervals not to exceed two
years shall publish a list of nonpublic kindergarten programs
that have been approved in accordance with the provisions of this
section and a list of Montessori kindergartens established and
operated in accordance with usual and customary practices for the
use of the Montessori method. Teachers who have training or
experience in the use of the Montessori method of instruction for
kindergartens shall be deemed to be approved to teach in such
kindergartens using the Montessori method without additional
certification.
Pursuant to such guidelines and criteria, and only pursuant
to such guidelines and criteria, the county boards may establish
programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional
personnel in addition to and to supplement regularly certified
teachers, mobile or permanent classrooms and other means
developed to best carry kindergarten to the child in its home and
enlist the aid and involvement of its parent or parents in
presenting the program to the child; or may develop programs of
a more formal kindergarten type, in existing school buildings, or
both, as such county board may determine, taking into
consideration the cost, the terrain, the existing available
facilities, the distances each child may be required to travel,
the time each child may be required to be away from home, the
child's health, the involvement of parents and such other factors
as each county board may find pertinent. Such determinations by
any county board shall be final and conclusive.
Funds for implementing the kindergarten programs during the
fiscal year one thousand nine hundred seventy-two, and
thereafter, shall be allocated to counties from a special
appropriation to the state department of education from the
general revenue fund:
Provided,
That except for expenditures
from the general revenue funds for regional kindergarten
demonstration centers, in no event shall any state money from the
general fund be expended under the provisions of this section
unless federal funds are available for the purposes of this
section.
Allocations to counties will be made on the basis of
approved kindergarten programs. The West Virginia board of
education shall establish criteria and standards necessary to
guide counties in developing approvable kindergarten programs and
shall determine funding levels of said programs on local
operating costs.
An additional appropriation shall be made to the state
department of education from the general revenue fund to
establish and operate during the fiscal year one thousand nine
hundred seventy-two, regional kindergarten demonstration centers
in educational regions three, four, five, six and seven, and
thereafter in regions one through seven. Said funds shall be
allocated to said regions for establishing and operating regional
demonstration centers in accordance with criteria and standards
established by the West Virginia board of education. Said
regional centers shall be established to provide exemplary and
innovative kindergarten programs, to provide laboratoryexperiences for preservice and in-service education for
professional personnel and staff development programs for
training paraprofessional personnel, to establish organizational
and administrative machinery designed to promote cooperation
between and among all agencies involved in the education and
development of young children and to promote cooperation between
counties in providing high cost supervisory, developmental,
research and evaluative services not currently available to
individual counties.
§18-5-22a. Policy for the administration of medications.
All county boards of education shall develop a specific
medication administration policy which establishes the procedure
to be followed for the administration of medication at each
school.
No school employee shall be required to administer
medications: Provided, That nothing herein shall prevent any
school employee to elect to administer medication after receiving
training as provided herein: Provided, however, That any school
employee in the field of special education whose employment
commenced on or after the first day of July, one thousand nine
hundred eighty-nine, may be required to administer medications
after receiving training as provided herein.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-5. Public school faculty senates established; election
of officers; powers and duties.
(a) There is established at every public school in this
state a faculty senate which shall be comprised of all permanent,full-time professional educators employed at the school who shall
all be voting members. Professional educators as used in this
section means professional educators as defined in chapter
eighteen-a of this code. A quorum of more than one half of the
voting members of the faculty shall be present at any meeting of
the faculty senate at which official business is conducted.
Prior to the beginning of the instructional term each year, but
within the employment term, the principal shall convene a meeting
of the faculty senate to elect a chair, vice chair and secretary
and discuss matters relevant to the beginning of the school year.
The vice chair shall preside at meetings when the chair is
absent. Meetings of the faculty senate shall be held on a
regular basis as determined by a schedule approved by the faculty
senate and amended from time to time if needed. Emergency
meetings may be held at the call of the chair or a majority of
the voting members by petition submitted to the chair and vice
chair. An agenda of matters to be considered at a scheduled
meeting of the faculty senate shall be available to the members
at least two employment days prior to the meeting, and in the
case of emergency meetings, as soon as possible prior to the
meeting. The chair of the faculty senate may appoint such
committees as may be desirable to study and submit
recommendations to the full faculty senate, but the acts of the
faculty senate shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by
law, or authorized by policies adopted by the state or county
board of education or bylaws which may be adopted by the facultysenate not inconsistent with law, the powers and duties listed in
this subsection are specifically reserved for the faculty senate.
The intent of these provisions is neither to restrict nor to
require the activities of every faculty senate to the enumerated
items except as otherwise stated. Each faculty senate shall
organize its activities as it deems most effective and efficient
based on school size, departmental structure and other relevant
factors.
(1) Each faculty senate shall control funds allocated to the
school from legislative appropriations pursuant to section nine,
article nine-a of this chapter. From such funds, each classroom
teacher and librarian shall be allotted fifty dollars for
expenditure during the instructional year for academic materials,
supplies or equipment which in the judgment of the teacher or
librarian will assist him or her in providing instruction in his
or her assigned academic subjects, or shall be returned to the
faculty senate: Provided, That nothing contained herein shall
prohibit such funds from being used for programs and materials
that, in the opinion of the teacher, enhance student behavior,
increase academic achievement, improve self-esteem and address
the problems of students at-risk. The remainder of funds shall
be expended for academic materials, supplies or equipment in
accordance with a budget approved by the faculty senate.
Notwithstanding any other provisions of the law to the contrary,
funds not expended in one school year shall be available for
expenditure in the next school year: Provided, however, That the
amount of county funds budgeted in a fiscal year, shall not bereduced throughout the year as a result of the faculty
appropriations in the same fiscal year for such materials,
supplies and equipment. Accounts shall be maintained of the
allocations and expenditures of such funds for the purpose of
financial audit. Academic materials, supplies or equipment shall
be interpreted broadly, but shall not include materials, supplies
or equipment which will be used in or connected with
interscholastic athletic events.
(2) A faculty senate may establish a process for faculty
members to interview new prospective professional educators and
paraprofessional employees at the school and submit
recommendations regarding employment to the principal, who may
also make independent recommendations, for submission to the
county superintendent: Provided, That such process must permit
the timely employment of persons to perform necessary duties.
(3) A faculty senate may nominate teachers for recognition
as outstanding teachers under state and local teacher recognition
programs and other personnel at the school, including parents,
for recognition under other appropriate recognition programs and
may establish such programs for operation at the school.
(4) A faculty senate may submit recommendations to the
principal regarding the assignment scheduling of secretaries,
clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the
principal regarding establishment of the master curriculum
schedule for the next ensuing school year.
(6) A faculty senate may establish a process for the reviewand comment on sabbatical leave requests submitted by employees
at the school pursuant to section eleven, article two of this
chapter.
(7) Each faculty senate shall elect three faculty
representatives to the local school improvement council
established pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election
to the county staff development council pursuant to section
eight, article three, chapter eighteen-a of this code.
(9) Each faculty senate shall have an opportunity to make
recommendations on the selection of faculty to serve as mentors
for beginning teachers under beginning teacher internship
programs at the school.
(10) A faculty senate may solicit, accept and expend any
grants, gifts, bequests, donations and any other funds made
available to the faculty senate: Provided, That the faculty
senate shall select a member who shall have the duty of
maintaining a record of all funds received and expended by the
faculty senate, which record shall be kept in the school office
and shall be subject to normal auditing procedures.
(11) On or after the first day of January, one thousand nine
hundred ninety-two, any faculty senate may review the evaluation
procedure as conducted in their school to ascertain whether such
evaluations were conducted in accordance with the written system
required pursuant to section twelve, article two, chapter
eighteen-a of this code and the general intent of this
Legislature regarding meaningful performance evaluations ofschool personnel. If a majority of members of the faculty senate
determine that such evaluations were not so conducted, they shall
submit a report in writing to the state board of education:
Provided, That nothing herein shall create any new right of
access to or review of any individual's evaluations.
(12) Each faculty senate shall be provided by its local
board of education at least a two-hour per month block of
noninstructional time within the school day: Provided, That any
such designated day shall constitute a full instructional day.
This time may be utilized and determined at the local school
level and shall include, but not be limited to, faculty senate
meetings.
(13) Each faculty senate shall develop a strategic plan to
manage the integration of special needs students into the regular
classroom at their respective schools and submit said strategic
plan to the superintendent of the county board of education by
the first day of March, one thousand nine hundred ninety-five,
and periodically thereafter pursuant to guidelines developed by
the state department of education. Each faculty senate shall
encourage the participation of local school improvement councils,
parents and the community at large in the development of the
strategic plan for each school.
Each strategic plan developed by the faculty senate shall
include at least: (A) A mission statement; (B) goals; (C) needs;
(D) objectives and activities to implement plans relating to each
goal; (E) work in progress to implement the strategic plan; (F)
guidelines for the placement of additional staff into integratedclassrooms to meet the needs of exceptional needs students
without diminishing the services rendered to the other students
in integrated classrooms; (G) guidelines for implementation of
collaborative planning and instruction; and (H) training for all
regular classroom teachers who serve students with exceptional
needs in integrated classrooms.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-26m. Supplemental benefits for certain teachers.
(a) As an additional supplement to other retirement
allowances provided, each annuitant whose annuity was approved by
the retirement board prior to the first day of January, one
thousand nine hundred seventy-one, and who is receiving a monthly
pension of three hundred dollars or less, shall receive a monthly
amount equal to one dollar multiplied by his or her total service
credit.
(b) As an additional supplement to other retirement
allowances provided, each annuitant whose annuity was approved on
or after the first day of July, one thousand nine hundred eighty-
two, and before the first day of July, one thousand nine hundred
eighty-four, shall receive a monthly amount equal to two dollars
multiplied by his or her total service credit.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-10. Employer contributions.
Each participating employer shall annually make a
contribution equal to seven and one-half percent of each member's
gross compensation. The pro rata share of this amount shall be
paid upon each date that a member contribution is made and shallbe remitted as provided for in section nine of this article for
credit to the member's annuity account. Each participating
employer has a fiduciary duty to its employees to ensure that the
employer contributions are timely made. In the case of an
officer or employee of the state, any unpaid contribution shall
be a state debt, contracted as a result of a casual deficit in
state revenues, to be accorded preferred status over other
expenditures.
In the event that any payment is not timely made, the
participating employer shall immediately give to the employee and
the state auditor notice in writing of the nonpayment, in such
form and accompanied by such documentation as may be required by
the auditor. Notice to the auditor shall operate in the manner
of a requisition, and the auditor shall transmit a warrant to the
treasurer. At such time as funds are available in the
appropriate account, the treasurer shall pay the employer
contribution, together with appropriate daily interest.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-2. Offenses; penalties; cost of prosecution.
Any person who, after receiving due notice, shall fail to
cause a child or children under eighteen years of age in that
person's legal or actual charge to attend school in violation of
the provisions of this article or without just cause, shall be
guilty of a misdemeanor, and shall, upon conviction of a first
offense, be fined not less than fifty nor more than one hundred
dollars together with the costs of prosecution, or required to
accompany the child to school and remain through the school dayfor so long as the magistrate or judge may determine is
appropriate. The magistrate or judge, upon conviction and
pronouncing sentence, may delay the sentence for a period of
sixty school days provided the child is in attendance everyday
during said sixty-day period. Following the sixty-day period, if
said child was present at school for every school day, the
delayed sentence may be suspended and not enacted. Upon
conviction of a second offense, a fine may be imposed of not less
than fifty dollars nor more than one hundred dollars together
with the costs of prosecution and the person may be required to
accompany the child to school and remain throughout the school
day until such time as the magistrate or judge may determine is
appropriate or confined in jail not less than five nor more than
twenty days. Every day a child is out of school contrary to the
provisions of this article shall constitute a separate offense.
Magistrates shall have concurrent jurisdiction with circuit
courts for the trial of offenses arising under this section.
Any person eighteen years of age or older who is enrolled in
school who, after receiving due notice, fails to attend school in
violation of the provisions of this article or without just
cause, shall be guilty of a misdemeanor and shall, upon
conviction of a first offense, be fined not less than fifty
dollars nor more than one hundred dollars together with the costs
of prosecution and required to attend school and remain
throughout the school day. The magistrate or judge, upon
conviction and pronouncing sentence, may delay the imposition of
a fine for a period of sixty school days provided the person isin attendance every day during said sixty-day period. Following
the sixty-day period, if said student was present at school
everyday, the delayed sentence may be suspended and not enacted.
Upon conviction of a second offense, a fine may be imposed of not
less than fifty dollars nor more than one hundred dollars
together with the costs of prosecution and the person may be
required to go to school and remain throughout the school day
until such time as the person graduates or withdraws from school
or confined in jail not less than five nor more than twenty days.
Every day a student is out of school contrary to the provisions
of this article shall constitute a separate offense. Magistrates
shall have concurrent jurisdiction with circuit courts for the
trial of offenses arising under this section.
Upon conviction of a third offense, any person eighteen
years of age or older who is enrolled in school shall be
withdrawn from school during the remainder of that school year.
Enrollment of that person in school during the next school year
or years thereafter shall be conditional upon all absences being
excused as defined in law, state board policy and county board of
education policy. More than one unexcused absence of such a
student shall be grounds for the director of attendance to
authorize the school to withdraw the person for the remainder of
the school year. Magistrates shall have concurrent jurisdiction
with circuit courts for the trial of offenses arising under this
section.
§18-8-4. Duties of attendance director and assistant directors;
complaints, warrants and hearings.
The county attendance director and the assistants shall
diligently promote regular school attendance. They shall
ascertain reasons for inexcusable absences from school of pupils
of compulsory school age as defined under this article and shall
take such steps as are, in their discretion, best calculated to
correct attitudes of parents and pupils which results in absences
from school even though not clearly in violation of law.
In the case of five consecutive or ten total unexcused
absences of a child during a single semester, the attendance
director or assistant shall serve written notice to the parent,
guardian or custodian of such child that the attendance of such
child at school is required and that within ten days of receipt
of such notice the parent, guardian or custodian, accompanied by
the child, shall report in person to the school the child attends
for a conference with the principal or other designated
representative of the school in order to discuss and correct the
circumstances causing the inexcusable absences of the child; and
if the parent, guardian or custodian does not comply with the
provisions of this article, then the attendance director or
assistant shall make complaint against such parent, guardian or
custodian before a magistrate of the county. The attendance
director or assistant shall serve such notice for other absences
from school found to be in violation of law. For any similar
subsequent offense in any school year no notice shall be
required. If it appears from the complaint that there is
probable cause to believe that an offense has been committed and
that the accused has committed it, a warrant for the arrest ofthe accused shall issue to any officer authorized by law to
arrest persons charged with offenses against the state. More
than one warrant may be issued on the same complaint. The
warrant shall be executed within ten days of its issuance.
The magistrate court clerk, or the clerk of the circuit
court performing the duties of the magistrate court as authorized
in section eight, article one, chapter fifty of this code, shall
assign the case to a magistrate within ten days of execution of
the warrant. The hearing shall be held within twenty days of the
assignment to the magistrate, subject to lawful continuance. The
magistrate shall provide to the accused at least ten days'
advance notice of the date, time and place of the hearing.
When any doubt exists as to the age of a child absent from
school, the attendance director shall have authority to require
a properly attested birth certificate or an affidavit from the
parent, guardian or custodian of such child, stating age of such
child. The county attendance director or assistant shall, in the
performance of his duties, have authority to take without warrant
any child absent from school in violation of the provisions of
this article and to place such child in the school in which such
child is or should be enrolled.
The county attendance director shall devote such time as is
required by section three of this article to the duties of
attendance director in accordance with this section during the
instructional term and at such other times as the duties of an
attendance director are required. All attendance directors hired
for more than two hundred days may be assigned other dutiesdetermined by the superintendent during the period in excess of
two hundred days. The county attendance director shall be
responsible under direction of the county superintendent for the
efficient administration of school attendance in the county.
In addition to those duties directly relating to the
administration of attendance, the county attendance director and
assistant directors shall also perform the following duties:
(a) Assist in directing the taking of the school census to
see that it is taken at the time and in the manner provided by
law;
(b) Confer with principals and teachers on the comparison of
school census and enrollment for the detection of possible
nonenrollees;
(c) Cooperate with existing state and federal agencies
charged with enforcement of child labor laws;
(d) Prepare a report for submission by the county
superintendent to the state superintendent of schools on school
attendance, at such times and in such detail as may be required;
also, file with the county superintendent and county board of
education at the close of each month a report showing activities
of the school attendance office and the status of attendance in
the county at the time;
(e) Promote attendance in the county by the compilation of
data for schools and by furnishing suggestions and
recommendations for publication through school bulletins and the
press, or in such manner as the county superintendent may direct;
(f) Participate in school teachers' conferences with parentsand students;
(g) Assist in such other ways as the county superintendent
may direct for improving school attendance;
(h) Make home visits of students who have excessive
unexcused absences, as provided above, or if requested by the
chief administrator, principal or assistant principal.
§18-8-11. School attendance as condition of licensing for
privilege of operation of motor vehicle.
(a) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code, the division
of motor vehicles shall deny a license or instruction permit for
the operation of a motor vehicle to any person under the age of
eighteen who does not at the time of application present a
diploma or other certificate of graduation issued to the person
from a secondary high school of this state or any other state or
documentation that the person: (1) Is enrolled and making
satisfactory progress in a course leading to a general
educational development certificate (GED) from a state approved
institution or organization, or has obtained such certificate;
(2) is enrolled in a secondary school of this state or any other
state; or (3) is excused from such requirement due to
circumstances beyond his or her control.
(b) The attendance director or chief administrator shall
provide documentation of enrollment status on a form approved by
the department of education to any student sixteen years of age
or older upon request who is properly enrolled in a school under
the jurisdiction of said official for presentation to thedivision of motor vehicles on application for or reinstatement of
an instruction permit or license to operate a motor vehicle.
Whenever a student sixteen years of age or older withdraws from
school, except as provided in subsection (d) of this section, the
attendance director or chief administrator shall notify the
division of motor vehicles of such withdrawal not later than five
days from the withdrawal date. Within five days of receipt of
such notice, the division of motor vehicles shall send notice to
the licensee that the license will be suspended under the
provisions of section three, article two, chapter seventeen-b of
this code on the thirtieth day following the date the notice was
sent unless documentation of compliance with the provisions of
this section is received by the division of motor vehicles before
such time.
(c) For the purposes of this section, withdrawal shall be
defined as more than ten consecutive or fifteen days total
unexcused absences during a single semester. For the purposes of
this section, suspension or expulsion from school or imprisonment
in a jail or a penitentiary is not a circumstance beyond the
control of such person.
(d) Whenever the withdrawal from school of such student, or
such student's failure to enroll in a course leading to or to
obtain a GED or high school diploma, is beyond the control of
such student, or is for the purpose of transfer to another school
as confirmed in writing by the student's parent or guardian, no
such notice shall be sent to the division of motor vehicles to
suspend the student's motor vehicle operator's license, and ifthe student is applying for a license, the attendance director or
chief administrator shall provide the student with documentation
to present to the division of motor vehicles to excuse such
student from the provisions of this section. The school district
superintendent (or the appropriate school official of any private
secondary school) with the assistance of the county attendance
director and any other staff or school personnel shall be the
sole judge of whether such withdrawal is due to circumstances
beyond the control of such person.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-3a. Total state basic foundation program for fiscal year
one thousand nine hundred ninety-four--ninety-five only.
Notwithstanding any other provisions of this article to the
contrary, the total basic foundation program for the state for
the fiscal year one thousand nine hundred ninety-four--ninety-
five shall be the sum of the amounts computed in accordance with
this section, less the county's local share:
(1) Allowance for professional educators as determined in
accordance with sections four and five-a of this article;
(2) Allowance for service personnel as determined in
accordance with sections five and five-a of this article;
(3) Allowance for fixed charges as determined in accordance
with the provisions of sections six and six-a of this article;
(4) Allowance for transportation cost in an amount at least
equal to the appropriation for such allowance in the fiscal year
one thousand nine hundred ninety-three--ninety-four;
(5) Allowance for administrative cost in accordance with theprovisions of sections eight and eight-a of this article;
(6) Allowance for other current expense and substitute
employees in an amount at least equal to the appropriation for
such allowance in the fiscal year one thousand nine hundred
ninety-three--ninety-four:
Provided,
That the allocation of such
funds for expenditure by faculty senates shall be in accordance
with the provisions of section nine of this article;
(7) Allowance to improve instructional programs in an amount
at least equal to the appropriation for such allowance in the
fiscal year one thousand nine hundred ninety-three--ninety-four.
§18-9A-6. Foundation allowance for fixed charges.
The total allowance for fixed charges shall be the sum of
the following:
(1) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by the
current social security rate of contribution; plus
(2) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by four
hundredths of one percent as an allowance for unemployment
compensation contribution; plus
(3) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by the
rate which is derived by dividing the total estimated
contributions for workers' compensation for all county boards bythe sum of the foundation allowance for professional educators
and other personnel, as determined in sections four and five
above. The total estimated contribution for workers compensation
is determined by multiplying each county board's allowance for
professional educators and other personnel, as determined by
sections four and five above, by the county's actual contribution
rate by using data of the most recent year for which it is
available; plus
(4) The teachers retirement fund allowance as determined in
section six-a of this article.
§18-9A-6a. Teachers retirement fund allowance.; unfunded
liability allowance.
(a) The total teachers retirement fund allowance shall be
the sum of the basic foundation allowance for professional
educators and the basic foundation allowance for service
personnel, as provided in sections four and five of this article;
all salary equity appropriations authorized in section five,
article four of chapter eighteen-a; and such amounts as are to be
paid by the counties pursuant to sections five-a and five-b of
said article to the extent such county salary supplements are
equal to the amount distributed for salary equity among the
counties, multiplied by fifteen percent.
(b) The teachers retirement fund allowance amounts provided
for in subsection (a) of this section shall be accumulated in the
employers accumulation fund of the state teachers retirement
system pursuant to section eighteen, article seven-a of this
chapter, and shall be in lieu of the contribution required ofemployers pursuant to subsection (b) of said section as to all
personnel included in the allowance for state aid in accordance
with sections four and five of this article.
(c) In addition to the teachers retirement fund allowance
provided for in subsection (a) of this section, there shall be an
allowance for the reduction of any unfunded liability of the
teachers retirement fund in accordance with the following
provisions of this subsection. On or before the thirty-first day
of December of each year, the actuary or actuarial firm employed
in accordance with the provisions of section four, article ten-d,
chapter five of this code shall submit a report to the president
of the Senate and the speaker of the House of Delegates which
sets forth an actuarial valuation of the teachers retirement fund
as of the preceding thirtieth day of June. Each annual report
shall recommend the actuary's best estimate, at that time, of the
funding necessary to both eliminate the unfunded liability over
a forty-year period beginning on the first day of July, one
thousand nine hundred ninety-four, and to meet the cash flow
requirements of the fund in fulfilling its future anticipated
obligations to its members. In determining the amount of funding
required, the actuary shall take into consideration all funding
otherwise available to the fund for that year from any source:
Provided, That the appropriation and allocation to the teachers'
retirement fund made pursuant to the provisions of sections six-b
of this article shall not be included in the determination of the
requisite funding amount. In any year in which the actuary
determines that the teachers retirement fund is not being fundedin such a manner, the allowance made for the unfunded liability
for the next fiscal year shall be not less than the amount of the
actuary's best estimate of the amount necessary to conform to the
funding requirements set forth in this subsection.
§18-9A-6b. Allocation of growth of local share.
Beginning with the first day of July, one thousand nine
hundred ninety-five, and thereafter, an appropriation and
allocation due to the increase in local share not to exceed seven
million dollars above that computed for the previous year, which
increase may be attributable to any increase in the tax rate as
enacted by the Legislature in accordance with the provisions of
subsection (b), section six-f, article eight, chapter eleven of
this code, shall be allocated to the state teachers' retirement
system, which appropriation and allocation shall be in addition
to the amounts required by section six-a of this article or any
other retirement contributions as may be required to the state
teachers retirement system set forth in article seven-a of this
chapter and which shall be accumulated in the employers
accumulation fund created in section eighteen of said article
seven-a.
§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 percent of the transportation cost within each
county for maintenance, operation and related costs, exclusive of
all salaries:
Provided,
That for the school year beginning thefirst day of July, one thousand nine hundred ninety-four, 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
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:
Provided
further,
That the state board shall distribute the additional
allowance to qualifying counties only until such time as the
state board has distributed in the then current fiscal year one
hundred thousand dollars of transportation allowance, in the
statewide aggregate, above the eighty percent to qualifying
counties, after which the additional ten percent shall no longer
be available to any county;
(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, suchamount 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. Furthermore,
large, sparsely populated counties may also apply to the state
superintendent for funding for additional mini-buses. 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 or, in the case of a
large, sparsely populated county, the population of the county:
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 percent of the cost of contracted transportation
services and public utility transportation with each 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 percent of the total cost of transportation
operations and related expenses, excluding salaries and
maintenance for transporting students to and from classes at a
multicounty vocational center.
The total state share for this purpose shall be the sum ofthe county shares and shall be distributed in accordance with
rules to be promulgated by the state board:
Provided,
That no
county shall receive an allowance which is greater than one third
above the computed state average allowance per mile multiplied by
the total mileage in the county.
§18-9A-8a. Foundation allowance for regional educational service
agencies.
For the fiscal year beginning on the first day of July, one
thousand nine hundred ninety-one, and for each fiscal year
thereafter, the foundation allowance for regional educational
service agencies shall be equal to sixty-three one-hundredths
percent of the allocation for professional educators as
determined in section four of this article:
Provided,
That for
the fiscal year beginning on the first day of July, one thousand
nine hundred ninety-four only, the foundation allowance for
regional educational service agencies shall be at least equal to
fifty-five one-hundredths percent of the allocation for
professional educators as determined in section four of this
article. The allowance shall be distributed to the regional
educational service agencies in accordance with rules adopted by
the state board. The allowance for regional educational service
agencies shall be excluded from the computation of total basic
state aid as provided for in section twelve of this article.
§18-9A-9. Foundation allowance for other current expense and
substitute employees.
The total allowance for other current expense and substitute
employees shall be the sum of the following:
Provided,
That eachof the three amounts set forth in subdivisions (1), (2) and (3)
of this section shall not exceed the preceding year's allowance
by more than four percent:
(1) For current expense, for the year one thousand nine
hundred ninety--ninety-one and thereafter, ten percent of the sum
of the computed state allocation for professional educators and
service personnel as determined in sections four and five of this
article. Distribution to the counties 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; plus
(2) For professional educator substitutes or current
expense, two and five-tenths percent of the computed state
allocation for professional educators as determined in section
four of this article. Distribution to the counties shall be made
proportional to the number of professional educators authorized
for the county in compliance with sections four and five-a of
this article; plus
(3) For service personnel substitutes or current expense,
two and five-tenths percent of the computed state allocation for
service personnel as determined in section five of this article.
Distribution to the counties shall be made proportional to the
number of service personnel authorized for the county in
compliance with sections five and five-a of this article; plus
(4) For academic materials, supplies and equipment for use
in instructional programs, two hundred dollars multiplied by the
number of professional instructional personnel employed in the
schools of the county. Distribution shall be made to each countyfor allocation to the faculty senate of each school in the county
on the basis of two hundred dollars per professional
instructional personnel employed at the school. Faculty senate
means a faculty senate created pursuant to section five, article
five-a of this chapter. Decisions for the expenditure of such
funds shall be made at the school level by the faculty senate in
accordance with the provisions of said section five, article
five-a and shall not be used to supplant the current expense
expenditures of the county. Beginning on the first day of
September, one thousand nine hundred ninety-four, and every
September thereafter, county boards shall forward to each school
for the use by faculty senates the appropriation specified in
this section. Each school shall be responsible for keeping
accurate records of expenditures.
§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-four, and thereafter, the sum of
the allocations shall be in an amount at least equal to the
amount appropriated by the Legislature, in addition to funds
which accrue from balances in the general school fund, or from
appropriations for such purposes:
(1) One hundred fifty thousand dollars shall be allocated 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'ssecond 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.
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 thedistribution 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 buildingcapital 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.
§18-9A-24. Foundation allowance for public employees insurance
fund.
(a) Beginning the first day of July, one thousand nine
hundred ninety-five, and every year thereafter, the allowance to
the public employees insurance agency for school employees shall
be made in accordance with the following: The number of
individuals employed by county boards of education as
professional educators pursuant to section four or five-a of this
article, whichever is less, plus the number of individuals
employed by county boards of education as service personnel
pursuant to section five or five-a of this article, whichever is
less, multiplied by the average premium rate for all county board
of education employees established by the public employees
insurance agency finance board. The average premium rate for all
county board of education employees shall be incorporated into
each financial plan developed by the finance board in accordance
with section five, article sixteen, chapter five of this code.
Such premiums shall include any proportionate share of retirees
subsidy established by the finance board and the difference, if
any, between the previous year's actual premium costs and the
previous year's appropriation, if the actual cost was greater
than the appropriation.
(b) County boards of education shall be responsible for
payments to the public employees insurance agency for individuals
who are employed as professional employees above and beyond those
authorized by section four or five-a, whichever is less, and
individuals who are employed as service personnel above and
beyond those authorized by section five and five-a whichever is
less. For each such employee, the county board of education
shall forward to the public employees insurance agency an amount
equal to the average premium rate established by the finance
board in accordance with subsection (a) of this section:
Provided,
That the county board shall pay the actual employer
premium costs for any county board employee paid from special
revenues, federal or state grants, or sources other than state
general revenue or county funds.
(c) Prior to the first day of July, one thousand nine
hundred ninety-five, nothing in this article shall be construed
to limit the ability of county boards of education to use funds
appropriated to county boards of education pursuant to this
article to pay employer premiums to the public employees
insurance agency for employees whose positions are funded
pursuant to this article. Funds appropriated to county boards of
education pursuant to this article shall not be used to pay
employer premiums for employees of such boards whose positions
are not, or will not be within twenty months, funded by funds
appropriated pursuant to this article.
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-1c. Integrated classrooms serving students with
exceptional needs; and requirements as to the assistance,
training and information to be provided to the affected
classroom teacher.
The regular classroom teacher shall be entitled to the
following when placing a student with exceptional needs into an
integrated classroom when the student's individualized education
program requires an adjustment in either the curriculum,
instruction or service to be provided by the regular classroom
teacher:
(1) Training provided pursuant to the integrated classroom
program and additional individualized training, pursuant to the
rules developed by the state board of education, if requested by
the regular classroom teacher to prepare the teacher to meet the
exceptional needs of individual students. Whenever possible,
such training shall be provided prior to such placement. Where
prior training is not possible, such training shall be commenced
no later than ten days following the placement of said student
into the regular classroom. Unavoidable delays in the provision
of training shall not result in the exclusion of a special needs
student from any class in the event said training cannot be
provided in said ten days;
(2) A signed copy of the individualized education program
for the special needs student prior to or at the time of the
placement of the student into the regular classroom. The
receiving and referring teachers shall participate in the
development of that student's individualized education plan and
shall also sign the individualized education plan as developed.In all cases the teacher shall receive a copy of the
individualized education plan for the special needs student prior
to or at the time of the placement of the student into the
regular classroom. Any teacher disagreeing with the
individualized education plan committee's recommendation shall
file a written explanation outlining his or her disagreement or
recommendation;
(3) Participation by both receiving and referring teachers,
upon the receiving teacher being identified, in all eligibility
committees and individualized education program committees which
involve possible placement of an exceptional student in an
integrated classroom;
(4) Opportunity to reconvene the committee responsible for
the individualized education program of the student with special
needs assigned to the regular classroom teacher. The meeting
shall include all persons involved in a student's individualized
education program and shall be held within twenty-one days of the
time the request is made;
(5) Assistance from persons trained or certified to deal
with a student's exceptional needs whenever such assistance is
part of the student's individualized education program as
necessary to ensure the student's exceptional needs can be met:
Provided, That aides in the area of special education cannot be
reassigned to more than one school without the employee's
consent.
§18-20-3. County reports.
Counties maintaining special schools, classes, regular classprograms, integrated classroom strategic plans and training
related to integrated education, basic and specialized health
care procedures including the administration of medications,
home-teaching or visiting services and receiving or requesting
reimbursement from state appropriated funds shall file with the
state superintendent of schools on forms supplied by his office,
applications, annual reports and such other reports as he may
require.
§18-20-5. Powers and duties of state superintendent.
The state superintendent of schools shall organize, promote,
administer and be responsible for:
(1) Stimulating and assisting county boards of education in
establishing, organizing and maintaining special schools,
classes, regular class programs, home-teaching and visiting-
teacher services.
(2) Cooperating with all other public and private agencies
engaged in relieving, caring for, curing, educating and
rehabilitating exceptional children, and in helping coordinate
the services of such agencies.
(3) Preparing the necessary rules, regulations, formula for
distribution of available appropriated funds, reporting forms and
procedures necessary to define minimum standards in providing
suitable facilities for education of exceptional children and
ensuring the employment, certification and approval of qualified
teachers and therapists subject to approval by the state board of
education.
(4) Receiving from county boards of education theirapplications, annual reports and claims for reimbursement from
such moneys as are appropriated by the Legislature, auditing such
claims and preparing vouchers to reimburse said counties the
amounts reimbursable to them.
(5) Assuring that all exceptional children in the state,
including children in mental health facilities, residential
institutions, private schools, and correctional facilities as
provided in section thirteen-f, article two of this chapter,
receive an education in accordance with state and federal laws:
Provided,
That the state superintendent shall also assure that
adults in correctional facilities shall receive an education to
the extent funds are provided therefor.
(6) Performing such other duties and assuming such other
responsibilities in connection with this program as may be
needed.
(7) Receive the county plan for integrated classroom
submitted by the county boards of education, and submit a state
plan, approved by the state board of education, to the
legislative oversight commission on education accountability no
later than the thirtieth day of November, one thousand nine
hundred ninety-four.
Nothing herein contained shall be construed to prevent any
county board of education from establishing and maintaining
special schools, classes, regular class programs, home-teaching
or visiting-teacher services out of funds available from local
revenue.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 3B. EDUCATORS' PROFESSIONAL STANDARDS BOARD
§18A-3B-1. Establishment of educators' professional standards
board.
The Legislature hereby finds and declares that in order to
more fully provide for a thorough and efficient system of free
schools within the state it is necessary to establish an
educators' professional standards board. The board will be
responsible for governing the education profession, including the
establishment of standards for entering the education profession,
and remaining a member of the education profession. The board
shall also establish standards for institutions of higher
education engaged in teacher preparation programs.
§18A-3B-2. Educators' professional standards board; composition;
appointment; terms of members.
(a) There is created an educators' professional standards
board consisting of nine members appointed by the governor, with
the advice and consent of the Senate.
(b) The term of office for each member is three years except
that the original term of three members, including not more than
one teacher, shall be for one year, and the original term of
three members, including not more than two teachers, shall be for
two years.
(c) Any member who, through change of employment standing or
other circumstances, no longer meets the criteria for the
position to which the member was appointed shall no longer be
eligible to serve in that position, and the position on the
commission shall become vacant sixty days following the member'schange in circumstances.
(d) The membership of the educators' professional standards
board shall consist of: One classroom teacher currently employed
by a county board of education teaching vocational education; one
classroom teacher currently employed by a county board of
education teaching in an elementary school; one classroom teacher
currently employed by a county board of education teaching in a
middle school; one classroom teacher currently employed by a
county board of education teaching in a secondary school; one
classroom teacher currently employed by a county board of
education teaching special education; the state superintendent of
schools or his or her designee; one elementary school or
secondary school principal currently employed by a county board
of education; one county superintendent of schools currently
employed by a county board of education; and one administrator or
faculty member representing a public college or university in
West Virginia.
No more than five members of the board may belong to the
same political party nor reside in the same congressional
district. Members of the board must have been actively engaged
in teaching, supervising or administering in the public schools
or in approved teacher education institutions in West Virginia
for the period of five years immediately preceding appointment.
In addition, members appointed to represent classroom teachers
under this section must hold valid West Virginia teaching
certificates other than permits.
(e) A member of the board shall receive no compensation forhis or her services as a member, but subject to any other
applicable law regulating travel and other expenses for state
officer, he or she shall receive his or her actual and necessary
travel and other expenses incurred in the performance of his or
her official duties: Provided, That any member who is an
employee of a county board of education shall be released by his
or her employer to attend board meetings without loss of salary
or personal leave.
§18A-3B-3. Powers and duties.
Prior to the first day of January, one thousand nine hundred
ninety-five, the professional standards board shall develop a
plan and propose legislation which will expand the powers and
duties of the professional standards board to include the
following: (1) Establish and maintain standards and requirements
for obtaining and maintaining a license for teaching; (2) issue,
renew, suspend, and revoke teaching licenses; (3) hear appeals
regarding application, renewal, suspension or revocation of
licenses; (4) enter into reciprocity agreements to provide for
licensing of applicants from other states or nations; (5) set
standards, approve, and evaluate teacher preparation programs;
(6) adopt standards for examinations and assessments to assure
eligibility for licenses to enter the profession of teaching; (7)
create other actions that relate to the improvement of
instruction through teacher education and professional
development and to attract qualified candidates for teacher
training from among the citizens of West Virginia; and (8)
perform other actions that relate to the improvement ofinstruction through teacher education and professional
development and to attract qualified candidates for teacher
training from among the citizens of West Virginia.
On or before the first day of January, one thousand nine
hundred ninety-five, the board shall submit copies of the
proposed legislation to the governor, president of the Senate,
speaker of the House of Delegates and the legislative oversight
commission on education accountability.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-5. Salary equity among the counties; state salary
supplement.
(a) For the purposes of this section, salary equity among
the counties means that the salary potential of school employees
employed by the various districts throughout the state does not
differ by greater than ten percent between those offering the
highest salaries and those offering the lowest salaries. In the
case of professional educators, the difference shall be
calculated utilizing the average of the professional educator
salary schedules, degree classifications B.A. through doctorate
and years of experience zero through twenty, in effect in the
five counties offering the highest salary schedules compared to
the lowest salary schedule in effect among the fifty-five
counties. In the case of school service personnel, the
difference shall be calculated utilizing the average of the
school service personnel salary schedules, pay grades "A" through
"H" and years of experience zero through thirty, in effect in the
five counties offering the highest salary schedules compared tothe lowest salary schedule in effect among the fifty-five
counties.
For the school year beginning the first day of July, one
thousand nine hundred ninety-four, and thereafter, in the
counties that jointly support a multicounty vocational school,
salary equity funding shall be distributed to nonfiscal agent
counties based on: (1) Calculating the amount of salary equity
funding each nonfiscal agent county would receive for the
employees for which it is charged in the public school support
program, as provided in section four, article nine-a, chapter
eighteen of this code, if this salary equity funding were
distributed to nonfiscal agent counties; and (2) deducting the
salary equity funding to be received by the fiscal agent county
in the public school support program for those employees for
which the nonfiscal agent county is charged in the public school
support program.
(b) To assist the state in meeting its objective of salary
equity among the counties, as defined in subsection (a) of this
section, on and after the first day of July, one thousand nine
hundred eighty-four, subject to available state appropriations
and the conditions set forth herein, each teacher and school
service personnel shall receive a supplemental amount in addition
to the amount from the state minimum salary schedules provided
for in this article.
State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article
nine-a, chapter eighteen of this code. The amount allocated forsalary equity shall be apportioned between teachers and school
service personnel in direct proportion to that amount necessary
to support the professional salaries and service personnel
salaries statewide under sections four and five, article nine-a,
chapter eighteen of this code:
Provided,
That in making this
division an adequate amount of state equity funds shall be
reserved to finance the appropriate foundation allowances and
staffing incentives provided for in article nine-a, chapter
eighteen of this code.
Pursuant to this section, each teacher and school service
personnel shall receive the amount that is the difference between
their authorized state minimum salary and ninety-five percent of
the maximum salary schedules prescribed in sections five-a and
five-b of this article, reduced by any amount provided by the
county as a salary supplement for teachers and school service
personnel on the first day of January of the fiscal year
immediately preceding that in which the salary equity
appropriation is distributed:
Provided,
That the amount received
pursuant to this section shall not be decreased as a result of
any county supplement increase instituted after the first day of
January, one thousand nine hundred eighty-four, until the
objective of salary equity is reached:
Provided, however,
That
any amount received pursuant to this section may be reduced
proportionately based upon the amount of funds appropriated for
this purpose.
No county may reduce any salary supplement that was in
effect on the first day of January, one thousand nine hundredeighty-four, except as permitted by sections five-a and five-b of
this article.
§18A-4-19. Alteration of contract.
(a) Notwithstanding the provisions of section seven-a of
this article relating to professional personnel or any other
section of this code to the contrary, any alteration of an
employment contract of a professional educator who is employed
for more than two hundred days, which alteration changes the
number of days in the employment term, shall not be deemed a
creation of a new position, nor shall such alteration require the
posting of the position.
Notwithstanding the provisions of section seven-a of this
article relating to professional personnel or any other section
of this code to the contrary, any alteration of an employment
contract of a professional educator which reduces or eliminates
the local salary supplement or the benefits provided to such
employee due to a defeat of a special levy, or a loss in assessed
values or events over which it has no control and for which the
county board has received approval from the state board prior to
making such reduction or elimination in accordance with section
five-a of this article, shall not be deemed a creation of a new
position, nor shall such alteration require the posting of the
position.
(b) Notwithstanding the provisions of section eight-b of
this article relating to school service personnel or any other
section of this code to the contrary, any alteration of an
employment contract of a service personnel employee who isemployed for more than two hundred days, which alteration changes
the number of days in the employment term, shall not be deemed a
creation of a new position, nor shall such alteration require the
posting of the position.
Notwithstanding the provisions of section eight-b of this
article relating to school service personnel or any other section
of this code to the contrary, any alteration of an employment
contract of a service personnel employee which reduces or
eliminates the local salary supplement or the benefits provided
to such employee due to a defeat of a special levy, or a loss in
assessed values or events over which it has no control and for
which the county board has received approval from the state board
prior to making such reduction or elimination in accordance with
section five-b of this article, shall not be deemed a creation of
a new position, nor shall such alteration require the posting of
the position.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-1a. Assaults by pupils upon teachers or other school
personnel; temporary suspension, hearing; procedure, notice
and formal hearing; extended suspension; expulsion;
exception.
(a) Any pupil who threatens to cause, attempts to cause, or
causes a bodily injury to a school employee may be suspended or
expelled from school in accordance with the provisions of this
section.
(b) The actions of any pupil which may be grounds for his
suspension or expulsion under the provisions of this sectionshall be reported immediately to the principal of the school in
which such pupil is enrolled. If the principal determines that
the alleged actions of the pupil would be grounds for suspension,
he shall conduct an informal hearing for the pupil as soon as
practicable after the alleged actions have occurred. The hearing
shall be held before the pupil is suspended unless the principal
believes that the continued presence of the pupil in the school
poses a continuing danger to persons or property or an ongoing
threat of disrupting the academic process, in which case the
pupil may be suspended immediately and a hearing held as soon as
practicable after the suspension.
The pupil and his parent or parents or custodial guardian,
as the case may be, shall be given written notice by certified
mail, return receipt requested, of this informal hearing, which
notice shall briefly state the grounds for suspension.
At the commencement of the informal hearing, the principal
shall inquire of the pupil as to whether he admits or denies the
charges. If the pupil does not admit the charges, he shall be
given an explanation of the evidence possessed by the principal
and an opportunity to present his version of the occurrence. At
the conclusion of the hearing or upon the failure of the noticed
persons to appear, the principal may suspend the pupil for a
maximum of ten school days, including the time prior to such
hearing, if any, for which the pupil has been excluded from
school. If the principal believes a longer suspension or
expulsion of the pupil is warranted in addition to a ten-day
suspension, he shall so advise the parents and pupil, if present,and recommend such action to the superintendent of schools of the
county in which the school where the pupil is enrolled is
located.
(c) Any suspension shall be reported by the principal the
same day it has been decided upon, in writing, to the county
superintendent of schools of the county in which the school where
the pupil is enrolled is located.
(d) If the principal recommends and the superintendent
agrees that the suspension should be extended for beyond ten
school days or that the pupil should be expelled from school, the
superintendent shall immediately notify the county board of
education of this recommendation. Upon receipt of such
recommendation, the county board of education shall cause a
written notice, which states the charges and the recommended
disposition, to be served upon the pupil and his parent or
parents or custodial guardian, as the case may be, advising such
persons that unless a timely request is made for hearing, the
recommended disposition shall become final. Such notice shall
set forth a date and time at which such hearing, if requested,
shall be held, which date shall be within the ten-day period of
suspension imposed by the principal. The notice shall further
advise the persons to be noticed thereby that a request for
hearing will not be granted unless received by the board more
than twenty-four hours before the time proposed for hearing in
the notice.
Upon timely receipt of a hearing request, the board of
education shall hold the scheduled hearing to determine if thepupil should be reinstated or should have his suspension extended
or should be expelled from school. At this hearing, the pupil
may be represented by counsel, may call his own witnesses to
verify his version of the incident and may confront and cross-
examine witnesses supporting the charge against him. The hearing
may be postponed for good cause shown by the pupil but he shall
remain under suspension until after the hearing. The state board
of education may adopt other supplementary rules of procedure to
be followed in these hearings. At the conclusion of the hearing
the county board of education either shall order the pupil
reinstated immediately or at the end of his initial suspension or
shall suspend the pupil for a further designated number of days
or shall expel the pupil from the public schools of such county
for a period of time not to exceed one school year.
(e) Notwithstanding the preceding provisions of this
section, if a pupil has prior to the actions complained of being
classified as or is eligible to be classified as an exceptional
child, other than gifted, under the provisions of section one,
article twenty, chapter eighteen of this code, special
consideration shall be given to such pupil as hereinafter
provided.
In any hearing held pursuant to this section, a pupil, his
parent or custodial guardian may show an explanation of the
actions complained of that such actions were the proximate result
of a condition which has qualified or would qualify the pupil for
a special educational program other than gifted. If the
principal or board finds that such actions were the proximateresult of such a condition, the pupil shall not be suspended or
expelled pursuant to this section but the pupil shall be
forthwith referred to the appropriate personnel within the county
school system for development of an individual learning program:
Provided,
That such pupil may be temporarily removed from school
according to procedures employed by the school system for special
education pupils if, in the opinion of the principal, such
removal is necessary for his or her own protection or the
protection of other pupils, teachers, school personnel or school
property during all or some part of the time required to prepare
such individual learning program.
(f) In all hearings under this section, facts shall be found
by a preponderance of the evidence.
(g) For the purpose of this section, "school employee" means
a person employed by a county board of education whether employed
on a regular full-time basis, an hourly basis or otherwise if, at
the time of the commission of an act which would be grounds for
suspension or expulsion under this section, such person is
engaged in the performance of his duties or is commuting to or
from his place of employment. For the purposes of this section,
a "school employee" shall be deemed to include a student teacher.
(h) The remedies provided for in this section are
cumulative.
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