A BILL to amend and reenact section one, article one, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article two of said chapter by adding thereto a new section, designated section five-g; to amend and reenact section one, article three of said chapter; to amend and reenact sections one, two, ten and eleven, article four of said chapter ; to further amend said article by adding thereto a new section, designated section six ; to amend and reenact sections one-a, one-c, four, fourteen and twenty-five, article five of said chapter; and to amend and reenact section two, article five-a of said chapter, all relating to public education generally; state and county boards of education; state and county superintendents; local school improvement councils; deleting obsolete language and making technical changes; clarifying definitions; adding definition of local school improvement council; directing state board to collect certain information from county boards and transmit to the legislative oversight commission on education accountability by a certain date; clarifying that state superintendent serves at will and pleasure of state board; modifying qualifications for state superintendent; providing criteria for setting salary; requiring annual performance evaluations; requiring county superintendents to participate in orientation program under certain circumstances; requiring county boards to pay cost of attending orientation program; modifying qualifications for county superintendent; modifying requirements for filing health certificates; providing for discontinuing or suspending employment of county superintendent under certain circumstances; requiring that county superintendents be evaluated at least annually; providing evaluation criteria; providing for evaluation to take place in executive session of county board; directing county board to release a general statement to the public and provide additional information only by mutual consent of county board and county superintendent; delineating appropriate uses of evaluation results; requiring all county board members and county superintendents to participate in initial evaluation training and, thereafter, at least once every four years; providing for newly elected board members and county superintendents to participate in evaluation training within first six months of assuming office or as soon thereafter as training course is available; providing for county superintendent to carry out executive duties delineated in contract; directing county superintendent to report promptly to county board whenever a school appears to be failing to meet certain standards; directing county superintendent to keep county board apprised of issues affecting education in the district; removing requirement for county superintendent to direct the taking of school census; adding requirement for county board members to receive training on school performance issues and providing conditions; directing that only training programs approved by the state board may be credited to county board members and listed in district report card; providing that state board may consult with education constituency groups when determining approval status of training programs; requiring county boards to perform annual self-evaluations using evaluation instrument approved by state board; authorizing state board to consult with West Virginia school board association or other appropriate organizations when developing or approving evaluation instruments; providing evaluation criteria; providing for summary of evaluation results to be made available to the public; clarifying that county boards may meet within the county at locations other than the county board office; providing that county board members who serve on other boards, commissions or councils receive certain compensation; setting maximum number of such meetings per year for which county board members may be compensated; requiring county boards to file certain policies with state board; providing procedures for county boards to meet with councils; requiring development of agendas and delineating issues to be covered; specifying reporting dates; requiring annual reports to state board and legislative oversight commission on education accountability; specifying that compliance is determined through accreditation process; providing for open meetings; deleting certain reporting requirements; setting membership requirements for councils; directing that elections not be held before the beginning of instructional term; providing method for filling vacancies; requiring certification that council members have received certain information and reasons why this requirement may not have been met; setting forth requirements for annual meeting between county boards and councils; requiring state board to direct preparation of informational video and handbook for council members by certain date; requiring that copies be made available to council members; and authorizing the state board to solicit proposals and enter into contracts for the purpose of providing training to council members.

Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that article two of said chapter be amended by adding thereto a new section, designated section five-g; that section one, article three of said chapter be amended and reenacted; that sections one, two, ten and eleven, article four of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section six; that sections one-a, one-c, four, fourteen and twenty-five, article five of said chapter be amended and reenacted; and that section two, article five-a of said chapter be amended and reenacted, all to read as follows:

ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR EDUCATION.

§18-1-1. Definitions.
The following words used in this chapter and in any proceedings pursuant thereto shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) "School" means the pupils and teacher or teachers assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia board of education;
(d) "Board" means the county board of education;
(e) "State superintendent" means the state superintendent of free schools;
(f) "County Superintendent" or "superintendent" means the county superintendent of schools;
(g) "Teacher" means teacher, supervisor, principal, superintendent or public school librarian; registered professional nurse, licensed by the West Virginia board of examiners for registered professional nurses and employed by a county board of education, who has a baccalaureate degree; or any other person regularly employed for instructional purposes in a public school in this state;
(h) "Service person" or "Service personnel" means all nonteaching school employees not included in the above definition of "teacher";
(i) "Social worker" means a nonteaching school employee who, at a minimum, possesses an undergraduate degree in social work from an accredited institution of higher learning and who provides various professional social work services, activities or methods as defined by the state board for the benefit of students;
(j) "Regular full-time employee" means any person employed by a county board of education who has a regular position or job throughout his or her employment term, without regard to hours or method of pay;
(k) "Career clusters" means broad groupings of related occupations;
(l) "Work-based learning" means a structured activity that correlates with and is mutually supportive of the school-based learning of the student and includes specific objectives to be learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled to attend or who, if not placed in a residential facility, would be entitled to attend public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter;
(n) "Student with a disability" means an exceptional child, other than gifted, pursuant to section one, article twenty of this chapter;
(o) "Low density county" means a county whose ratio of student population to square miles is less than or equal to the state average ratio as computed by the state department of education;
(p) "High density county" means a county whose ratio of student population to square miles is greater than the state average ratio as computed by the state department of education; and
(q) "Casual deficit" means a deficit of not more than three percent of the approved levy estimate or a deficit that is nonrecurring from year to year; and
(r) "Council" or "councils" means the local school improvement council or councils collectively, created pursuant to section two, article five-a of this chapter.
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-5g. Duty to receive and submit summary of policy modifications and annual reports.

The state board shall require each county board to provide a summary of any modifications to the policies or copies of annual reports developed pursuant to section fourteen, article five of this chapter. The state board shall submit copies of these policies and annual reports, together with any comments and recommendations, to the legislative oversight commission on education accountability no later than the thirty-first day of December of each year.

ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

§18-3-1. Appointment; qualifications; compensation; traveling expenses; office and residence; evaluation.
There shall be appointed by the state board a state superintendent of schools who shall serve at the will and pleasure of the state board. He or she shall be a person of good moral character and shall meet the qualifications established by the state board. of recognized ability as a school administrator, holding at least a master's degree in educational administration, and shall have had not less than five years of experience in public school work He or she shall receive an annual salary set by the state board, to be paid monthly: Provided, That the annual salary may not exceed one hundred forty-six thousand one hundred dollars The state superintendent shall also shall receive necessary traveling expenses incident to the performance of his or her duties the traveling expenses to be paid out of the general school fund upon warrants of the state auditor. The state superintendent shall have his or her office at the state capital capitol. The state board shall report to the legislative oversight commission on education accountability upon request concerning its progress during any hiring process for a state superintendent.
The state board annually shall evaluate the performance of the state superintendent and publicly announce the results of the evaluation.

ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.

§18-4-1. Election and term; interim superintendent; orientation; training.

(a) The county superintendent shall be elected by the county board to serve for a term of not less than one, nor more than four years. At the expiration of the term or terms for which he or she shall have has been elected, each county superintendent shall be is eligible for reelection for additional terms of not less than one, nor more than four years: Provided, That at the expiration of his the term or terms of service, he or she shall be given the status of teacher in the system unless dismissed for statutory reasons. Such election shall be held on or before the first day of May and the The person persons so elected shall take office on the first day of July following the election. A county superintendent who fills a vacancy caused by an incomplete term shall be appointed to serve until the following first day of July: Provided, however, That the county board may appoint an interim county superintendent to serve for a period not to exceed one hundred twenty days from the occurrence of the vacancy. The president of the county board, immediately upon following the election of the county superintendent, or the appointment of an interim county superintendent, shall certify the election or appointment to the state superintendent. of schools The county superintendent in office on the effective date of this section shall continue in office until the expiration of his term.
(b) Within the initial six months of service as a county superintendent in a particular county, each county superintendent shall participate in an orientation program approved by the state board. The appropriate county board is responsible for the cost for a county superintendent to attend an approved orientation program.
(c) Within the initial six months of his or her term, a county superintendent who has not been employed as a regular, full-time administrator in the public schools of this state within the past three years and who is not pursuing a course of study required for a first class permit shall complete a sustained program of training in school finance, school law, personnel relations and such other areas as may be required and approved by the state board. The appropriate county board is responsible for the cost for a county superintendent to attend the approved training program.

§18-4-2. Qualifications; health certificate; disability; acting superintendent.

(a) Each county superintendent shall hold a professional administrative certificate endorsed for superintendent, or a first class permit endorsed for superintendent. Provided, That
(b) A first class permit endorsed for superintendent shall be granted to persons who:
(1) Meet the requirements established by the state board; or
(2) Hold a master's degree in education or some other closely- related field of study; and
(3) Possess at least five years of successful administrative experience in a field or endeavor of management related to public education, higher education, business, public policy or other area closely related to education.
(c) A superintendent who holds a first class permit may be appointed elected for only one year only, and may be reappointed two times for an additional year each upon an annual evaluation by the county board and a determination of satisfactory performance and reasonable progress toward completion of the requirements for a professional administrative certificate endorsed for superintendent; Provided, however, That
(d) Any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education and has completed three successful years of teaching in public education and or has the equivalent of three years of experience in management or supervision as defined by state board rule, upon employment after employment by the county board of education, shall be granted a permanent administrative certificate and shall be a licensed county superintendent;
(c) Upon finding that the course work needed by a superintendent who holds a first class permit endorsed for superintendent is not available or is not scheduled in a manner at state institutions of higher education which will enable him or her to complete the normal requirements for a professional administrative certificate endorsed for superintendent within the three-year period allowed for appointment and reappointment under the permit, the state board shall adopt a rule in accordance with article three-b, chapter twenty-nine-a of this code, to enable completion of the requirements, or comparable alternative requirements, for a professional administrative certificate endorsed for superintendent.
(e) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code, to address those cases where a county board finds that course work needed by the county superintendent who holds a first class permit is not available or is not scheduled at state institutions of higher education in a manner which will enable the county superintendent to complete normal requirements for a professional administrative certificate within the three-year period allowed under the permit.
(f) Any person employed as assistant superintendent or educational administrator prior to the twenty-seventh day of June, one thousand nine hundred eighty-eight, and who was previously employed as superintendent is not required to hold the professional administrative certificate endorsed for superintendent.
(b) (g) In addition to other requirements set forth in this section, before entering upon the discharge of his or her duties the a county superintendent shall meet the following health-related conditions of employment:
(1) Before entering upon the discharge of his or her duties, file with the president of the county board a health certificate from a reputable physician, on a form prescribed by the state department of education, certifying that he or she is physically fit for the duties of his or her office and that he or she has no infectious or contagious disease; and if the superintendent, due to accident or illness, becomes incapacitated to an extent that could lead to a prolonged absence, the board, upon unanimous vote, may  enter an order declaring the incapacity and it shall appoint an acting superintendent until such time as a majority of the members of the board determine that the incapacity no longer exists. However, an acting superintendent shall not serve as such for more than one year, or later than the expiration date of the superintendent's term, whichever is less, without being reappointed by the board of education licensed physician certifying the following:
(A) A tuberculin skin test, approved by the director of the division of health, has been made within four months prior to the beginning of the term of the county superintendent; and
(B) The county superintendent does not have tuberculosis in a communicable state based upon the test results and any further study;
(2) After completion of the initial test, the county superintendent shall have an approved tuberculin skin test once every two years or more frequently if medically indicated. Positive reactors to the skin test are to be referred immediately to a physician for evaluation and indicated treatment or further studies;
(3) A county superintendent who is certified by a licensed physician to have tuberculosis in a communicable stage shall have his or her employment discontinued or suspended until the disease has been arrested and is no longer communicable; and
(4) A county superintendent who fails to complete required follow-up examinations as set forth in this subsection shall be suspended from employment until a report of examination is confirmed.

§18-4-6. Evaluation.
(a) At least annually, the county board shall evaluate the performance of the county superintendent. The evaluation process to be used shall be one authorized by the state board.

The West Virginia school board association shall maintain a catalog of evaluation instruments which comply with this section and shall make them available to county boards.
(b) At a minimum, the evaluation process shall require the county superintendent and county board to establish written goals or objectives for the county superintendent to accomplish within a given period of time. Additionally, the county board shall evaluate the county superintendent on his or her success in improving student achievement generally across the county and specifically as it relates to the management and administration of low performing schools.
(c) The evaluation also may cover the performance of a county superintendent in the areas of community relations, school finance, personnel relations, curricular standards and programs, and overall leadership of the school district as indicated primarily by improvements in student achievement, testing and assessment.
(d) The evaluation of a county superintendent shall occur in executive session. At the conclusion of the evaluation, the county board shall make available to the public a general statement about the evaluation process and the overall result. Additional information about the evaluation may be released only by mutual consent of the county superintendent and the county board. The county board may use the evaluation results to determine:
(1) Whether to extend the contract of the county superintendent;
(2) Whether to offer the county superintendent a new contract; and
(3) The level of compensation or benefits to offer the county superintendent in any new or extended contract.
(e) In order to develop proficiency in evaluations, all county superintendents and members of county boards shall meet the following conditions as appropriate:
(1) Participate in an intensive training course on evaluations, approved by the state board, as soon after the effective date of this section as the course is made available;
(2) After the initial training is complete, participate in an intensive training course on evaluations at least once in every four years except that a newly-elected county superintendent or a newly-elected county board member shall attend an intensive training course on evaluations within the first six months after assuming office or as soon thereafter as an approved training course is available.

§18-4-10. Duties.

The county superintendent shall:
(1) Act as the chief executive officer of the county board as may be delineated in his or her contract or other written agreement

all its educational education policies;
(2) Nominate all personnel to be employed; in case the county board of education refuses to employ any or all of the persons nominated, the county superintendent shall nominate others and submit the same to the county board of education at such a time as the county board may direct. but No such person or persons shall be employed except on the nomination of the county superintendent;
(3) Assign, transfer, suspend or promote teachers and all other school employees of the district, subject only to the approval of the county board, and to recommend to the county board their dismissal pursuant to the provisions of this chapter;
(4) Organize and attend district institutes; organize and direct reading circles and boys' and girls' clubs Report promptly to the county board in such manner as it directs whenever any school in the district appears to be failing to meet the standards for improving education established pursuant to section five, article two-e of this chapter;
(5) Close temporarily a school temporarily when conditions are detrimental to the health, safety or welfare of the pupils;
(6) Certify all expenditures and monthly payrolls of teachers and employees;
(7) Be Serve as the secretary of the county board and attend all meetings of the county board or its committees, except when his the tenure, salary or administration of the county superintendent is under consideration;
(8) Administer oaths and examine under oath witnesses under oath in any proceedings pertaining to the schools of the district, and have the testimony reduced to writing;
(9) Keep the county board apprized continuously of any issues that affect the county board or its schools, programs and initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both parties. When practicable, the reports shall be fashioned to include a broad array of data and information that the county board may consult to aid in making decisions;
(9) (10) Exercise all other authority granted by this chapter or required by the county board or state board; and
(10) (11) Act In case of emergency, act as the best interests of the school demand. Provided, That An emergency, as contemplated in this section, shall be is limited to an unforeseeable, catastrophic event including natural disaster or act of war Provided, however, That and nothing in this section shall may be construed as granting the county superintendent authority to override any statutory or constitutional provision in the exercise of said his or her emergency power except where such authority is specifically granted in the particular code section.

§18-4-11. Other powers and duties.
The county superintendent shall:
(1) Visit the schools as often as practical practicable; observe and make suggestions concerning the instruction and classroom management of the schools and their sanitary conditions;
(2) Report to the county board cases of incompetence, neglect of duty, immorality or misconduct in office of any teacher or employee;
(3) Recommend for condemnation buildings unfit for school use;
(4) Direct the taking of the school census;
(5) (4) Call, at his or her discretion, conferences of principals and teachers to discuss the work of the schools of the district;
(6) (5) Report to the county board the progress and general condition of the schools;
(7) (6) Make such reports as are required by the state superintendent. In case the county superintendent fails to report as required, the state superintendent may direct that the salary of the county superintendent superintendent's salary be withheld until an acceptable report is received; and
(8) (7) Perform all other duties prescribed in this chapter or required by the county board or the state board.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-1a. Eligibility of members.
(a) No person shall be eligible for membership on any county board who is not a citizen, resident in such county, or who accepts a position as teacher or service personnel in the school district in which he or she is a resident or who is an elected or an appointed member of any political party executive committee, or who becomes a candidate for any other office other than to succeed oneself.
(b) No member or member-elect of any board shall be eligible for nomination, election or appointment to any public office, other than to succeed oneself, or for election or appointment as a member of any political party executive committee, unless and until after that membership on the board, or his status as member-elect to the board, has been terminated at or before the time of his filing for such nomination for, or appointment to, such public office or committee.
(c) Any person who is elected or appointed to a county board on or after the fifth day of May, one thousand nine hundred ninety- two, shall possess at least a high school diploma or a general educational development (GED) diploma: Provided, That this provision shall not apply to members or members-elect who have taken office prior to the fifth day of May, one thousand nine hundred ninety-two, and who serve continuously therefrom.
(d) No person elected to a county board after the first day of July, one thousand nine hundred ninety, shall assume the duties of county board member unless he or she has first attended and completed a course of orientation relating to boardsmanship and governance effectiveness which shall be given between the date of election and the beginning of the member's term of office: Provided, That a portion or portions of subsequent training such as that offered in orientation may be provided to members after they have commenced their term of office: Provided, however, That attendance at the session of orientation given between the date of election and the beginning of the member's term of office shall permit such the member or members to assume the duties of county board member, as specified in this section. Members appointed to the board shall attend and complete the next such course offered following their appointment Provided further, That The provisions of this section relating to orientation shall do not apply to members who have taken office prior to the first day of July, one thousand nine hundred eighty-eight, and who serve continuously therefrom.
(e) Commencing on the effective date of this section, county board members shall annually receive annually

seven clock hours of training in areas relating to boardsmanship, and governance effectiveness and school performance issues including, but not limited to, pertinent federal statutes such as 20 U.S.C. §6301 et. seq. and pertinent state statutes such as section five, article two-e of this chapter. Such This orientation and training shall be approved by the state board and shall be conducted by the West Virginia school board association or other organization or organizations approved by the state board.
(f) The state board may direct that additional training for county board members on school performance issues be excluded when calculating the requisite seven hours required by this section. If the state board elects

to exclude the additional training, the training shall be limited by the state board to a feasible and reasonable amount of time.
(g) Only training programs approved by the state board may be listed to the credit of a county board member in the district report card as required by subsection (e), section four, article two-e of this chapter.
(h) Failure to attend and complete such an approved course of orientation and training relating to boardsmanship and governance effectiveness without good cause as determined by legislative rules of the state board shall constitute neglect of duty. The state board shall promulgate a legislative rule setting forth guidelines to determine what constitutes good cause.
(i) In the final year of any four-year term of office, a member shall satisfy the annual training requirement before the first day of January.
(j) The state board shall petition the circuit court of Kanawha County to remove any county board member who has failed to or who refuses to attend and complete the approved course of orientation and training. If the county board member fails to show good cause for not attending the approved course of orientation and training, the court shall remove the member from office.

§18-5-1c. Organization of board; evaluation.

(a) On the first Monday of January, following each biennial primary election, each respective board of education shall organize and elect for a two-year term, a president from its own membership and report same promptly to the state superintendent of schools: Provided, That on the first Monday of January, one thousand nine hundred eighty-one, each respective board of education shall elect a president for a term to expire the thirtieth day of June, one thousand nine hundred eighty-two: Provided, however, That On the first Monday of July, following the each biennial primary election, in the year one thousand nine hundred eighty-two and each biennial primary election thereafter each respective county board of education shall organize and shall elect a president from its own membership for a two-year term. a president from its own membership and The county board shall report promptly to the state superintendent the name of the member elected as county board president same promptly to the state superintendent of schools
(b) Annually, each county board shall assess its own performance using an instrument approved by the state board. In developing or making determinations on approving evaluation instruments, the state board may consult with the West Virginia school board association or other appropriate organizations. The evaluation instrument selected shall focus on the effectiveness of the county board in the following areas:
(1) Dealing with its various constituency groups and with the general public;
(2) Providing a proper framework and the governance strategies necessary to monitor and approve student achievement on a continuing basis; and
(3) Enhancing the effective utilization of the policy approach to governance.
At the conclusion of the evaluation, the county board shall make available to the public a summary of the evaluation, including areas in which the board concludes improvement is warranted.

§18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of members; affiliation with state and national associations.

(a) The county board shall meet on the first Monday of July, and upon the dates provided by law for the laying of levies, and at any other times the county board fixes upon its records. Nothing herein shall prohibit the county board from conducting regular meetings in facilities within the county other than the county board office.
(b) At any meeting as authorized in this section and in compliance with the provisions of article four of this chapter, the county board may employ qualified teachers, or those who will qualify by the time of entering they enter upon their duties, necessary to fill existing or anticipated vacancies for the current or next ensuing school year.
(c) At a meeting of the county board, on or before the first Monday of May, the county superintendent shall furnish in writing to the county board a list of those teachers to be considered for transfer and subsequent assignment for the next ensuing school year. All other teachers not listed are considered as reassigned to the positions held at the time of this meeting. The list of those recommended for transfer shall be included in the minute record and the teachers listed shall be notified in writing. The notice shall be delivered in writing, by certified mail, return receipt requested, to the teachers' last-known addresses within ten days following the board meeting, of their having been recommended for transfer and subsequent assignment.
(b) (d) Special meetings may be called by the president or any three members, but no business may be transacted other than that designated in the call.
(c) (e) In addition, a public hearing shall be held concerning the preliminary operating budget for the next fiscal year not less fewer than ten days after the budget has been made available to the public for inspection, and within a reasonable time prior to the submission of the budget to the state board for approval. Reasonable time shall be granted at the hearing to any person who wishes to speak regarding any part of the budget. Notice of the hearing shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code.
(d) (f) A majority of the members of the county board constitutes the quorum necessary for the transaction of official business.
(e) (g) Board members may receive compensation at a rate not to exceed one hundred sixty dollars per meeting attended, but they may not receive pay for more than fifty meetings in any one fiscal year: Provided, That Board members who serve on an administrative council of a multi-county vocational center may also may receive compensation for attending up to twelve meetings of the council at the same rate as for meetings of the county board. Meetings of the council are not counted as board meetings for purposes of determining the limit on compensable board meetings.
(g) Subject to law and with the approval of the county board, a member appointed by the county board to serve as its representative on any other board, commission, or council may receive compensation for attending meetings of those organizations at a rate not to exceed one hundred dollars per meeting attended for no more than fifteen meetings in any one fiscal year.
(f) (h) Members shall also shall be paid, upon the presentation of an itemized sworn statement, for all necessary traveling expenses, including all authorized meetings, incurred on official business, at the order of the county board.
(g) (i) When, by a majority vote of its members, a county board considers it a matter of public interest, the county board may join the West Virginia school board association and the national school board association, and may pay the dues prescribed by the associations and approved by action of the respective county boards. Membership dues and actual traveling expenses of incurred by board members for attending meetings of the West Virginia school board association may be paid by their respective county boards out of funds available to meet actual expenses of the members, but no allowance may be made except upon sworn itemized statements.

§18-5-14. Policies to promote school board effectiveness.
(a) No later than Prior to the first day of August, one thousand nine hundred ninety-four two thousand three, each county board in this state shall adopt and may modify thereafter as necessary and file with the state board policies that promote school board effectiveness. These policies may be modified by the county board as necessary, but shall be refiled with the state board following each modification. The policies shall address the following objectives:
(a) (1) Establish Establishing direct links between the county board and its local school improvement councils, and between the county board and its faculty senates, for the purpose of enabling the county board to receive information, comments and suggestions directly from the councils and faculty senates regarding the broad guidelines for oversight procedures, standards of accountability and planning for future needs as required by this section. and To further development of these linkages, each county boards board shall:
(A) Meet at least annually with the full membership a quorum of members from each of their schools' local school improvement councils council in the district, at a time and in a manner to be determined by the county board, except, For purposes of this provision, full membership is defined as at least a quorum of the members of each of the school improvement councils in order to facilitate scheduling, the county board may adopt an alternate procedure allowing it to conduct the required annual meeting with each council in the absence of a quorum of council members if the alternate procedure has received prior approval from the state board and if the school district serves more than twenty thousand students or has more than twelve public schools.
Nothing herein in this section shall prohibit prohibits a county boards board from meeting with representatives of local school improvement councils: Provided, That a council, but at least one annual meeting is shall be held, as specified herein in this section.
At any time and with reasonable advance notice, county boards may schedule additional meetings with the council for any low performing school in the district;
(B) Develop an agenda for the annual meeting with each council which requires the council chair or a member designated by the chair, to address items designated by the county board from the report created pursuant to this section, and one or more of the following issues:
(i) School performance;
(ii) Curriculum;
(iii) Status of the school in meeting the unified school improvement plan established pursuant to section five, article two-e of this chapter; and
(iv) Status of the school in meeting the county plan established pursuant to section five, article two-e of this chapter;
(C) Make written requests for information from the council throughout the year or hold community forums to receive input from the affected community as the county board considers necessary; and
(D) Report details to the state board details concerning such the meeting or meetings held with councils, as specified herein, and in this section. such The information shall be provided to the state board at the conclusion of the school year, but no later than the first day of September of each year, and shall become an indicator in the performance accreditation process for each county. In order to facilitate development of this report, a county board may consult with and request assistance from members of the councils.
(b) (2) Provide Providing for the development of direct links between the county board and the community at large allow allowing for community involvement at regular county board meetings and specify specifying how the county board will regularly communicate regularly with the public regarding important issues;
(c) (3) Provide Providing for the periodic review of personnel policies of the district in order to determine their effectiveness;
(d) (4) Set Setting broad guidelines for the school district, including the establishment of specific oversight procedures, development and implementation of standards of accountability, and the development of long-range plans to meet future needs as required by this section; and
(e) (5) Use Using school-based accreditation and performance data provided by the state board and other available data in county board decision making to meet the education goals of the state and such other goals as the county board may establish.
(c) By the first day of August of each year, each county board shall review the policies listed in subsection (a) of this section and shall certify to the state board that the review has been conducted. At the conclusion of the annual review, the county board may modify these policies as necessary and shall include a list of the policies to be modified and a summary of the proposed changes in the certification filed with the state board. The state board shall submit any proposed modifications to the legislative oversight commission on education accountability no later than the thirty- first day of December of each year.
(d) The state board shall receive the annual reports developed by county boards and shall submit copies to the legislative oversight commission on education accountability no later than the thirty-first day of December of each year.
(e) Compliance with the provisions of this section shall be determined by the office of education performance audits in the course of its annual review of each county school system completed pursuant to section five, article two-e of this chapter.
(f) All meetings between a council and a county board shall be subject to the provisions of section three, article nine-a, chapter six of this code.

§18-5-25. Duties of superintendent as secretary of board.

The county superintendent as secretary of the board shall:
(1) Take the oath prescribed in the constitution before performing any of the duties of his office;
(2) Attend all board meetings and record its official proceedings in a book kept for that purpose;
(3) Record the number of each order issued, the name of the payee, the purpose for which the order was issued, and the amount thereof. Every order shall be signed by the secretary and the president of the board;
(4) Care for and keep all papers belonging to the board, including evidences of title, contracts and obligations. They shall be kept in the secretary's office, accessibly arranged for reference;
(5) Record and keep on file all papers and documents pertaining to the business of the board;
(6) Make a tabular report to the board on or before the twentieth day of July, annually, showing all the statistics and facts required by the blanks furnished by the state superintendent. He may collect his material from the annual report of the sheriff, the teachers' register and such other sources as he thinks desirable, and he may accompany his report with such explanation and comment as he deems pertinent;
(7) (6) Keep the accounts and certify the reports required by law or requested by the board;
(8) (7) Administer oaths to school officers, teachers, and others making reports;
(9) (8) Deliver in proper condition to his successor all records and property pertaining to his office; and
(10) (9) Exercise such other duties as are prescribed by law.

ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.

§18-5A-2. Local school improvement councils; election.
(a) A local school improvement council shall be established at every school consisting of the following:
(1) The principal, who shall serve as an ex officio member of the council and be entitled to vote;
(2) Three teachers elected by the faculty senate of the school;
(3) Two school service personnel elected by the school service personnel employed at the school;
(4) Three parent(s), guardian(s) or custodian(s) of students enrolled at the school elected by the parent(s), guardian(s) or custodian(s) members of the school's parent teacher organization.: Provided, That If there is no parent teacher organization at the school, the parent(s), guardian(s) or custodian(s) members shall be elected by the parent(s), guardian(s) or custodian(s) of students enrolled at the school in such manner as may be determined by the principal;
(5) Two at-large members appointed by the principal, one of whom resides in the school's attendance area and one of whom represents business or industry, neither of whom is eligible for membership under any of the other elected classes of members;
(6) In the case of vocational-technical schools, the vocational director: Provided, That if there is no vocational director, then the principal may appoint no more than two additional representatives, one of whom represents business and one of whom represents industry;
(7) In the case of a school with students in grade seven or higher, the student body president or other student in grade seven or higher elected by the student body in those grades.
(b) Under no circumstances shall a majority of the members of a council be persons who are then employed at the school in any capacity.
(b) (c) The principal shall arrange for such elections to be held prior to the fifteenth day of September of each school year to elect a council and shall give notice of the elections at least one week prior to the elections being held. To the extent practicable, all elections to select council members shall be held within the same week except the elections may not be held prior to the beginning of the instructional term.
(d) Parent(s), guardian(s) or custodian(s), teachers and service personnel elected to the council shall serve a two-year term, and elections shall be arranged in such a manner that no more than two teachers, no more than two parent(s), guardian(s) or custodian(s), and no more than one service person are elected in a given year. All other non-ex-officio members shall serve one-year terms.
(e) Council members may only be replaced upon death, resignation, failure to appear at three consecutive meetings of the council for which notice was given, or a change in personal circumstances so that the person is no longer representative of the class of members from which appointed. In the case of replacement, an election shall be held to elect another qualified person to serve the unexpired term of the person being replaced. When a vacancy occurs, the chair of the council, elected pursuant to subsection (g) of this section, shall appoint an interim council member to serve until another qualified person is elected. The chair shall appoint an interim member who is representative of the same elected class of membership as the council member who previously held the seat as described in subsection (a) of this section.
(c) (f) As soon as practicable after the election of council members, and no later than the first day of October of each school year, the principal shall convene an organizational meeting of the school improvement council. The principal shall notify each member in writing at least two employment days in advance of the organizational meeting. At this meeting, the members shall receive a copy of the handbook and shall view the video tape created under the direction of the state board pursuant to subsection (p) of this section. At this meeting the principal also shall provide each member with the following materials:
(1) A copy of the current applicable section sections of this code; and
(2) Any state board rule or regulation promulgated pursuant to the operation of these councils.
(g) The council shall elect from its membership a chair and two members to assist the chair in setting the agenda for each council meeting. The chair shall serve a term of one year and no person may serve as chair for more than two consecutive terms. If the position of chair position becomes vacant for any reason, the principal shall call a meeting of the council to elect another qualified person to serve the unexpired term. (d) Once elected, the chair is responsible for notifying each member of the school improvement council in writing two employment days in advance of any council meeting.
(h) Prior to the thirty-first day of October, two thousand four and each year thereafter,

the principal and the chair of the council shall prepare and sign verification forms certifying that each member of the council has viewed the video tape and has received a copy of the handbook described in subsection (f) of this section. The verification shall include the name of any member who did not view the video tape or who did not receive a copy of the handbook prior to the thirty-first day of October of each year, and shall include the reason for his or her failure to view the video tape or to receive the handbook. Verification of the information provided shall be part of the accreditation process conducted pursuant to section five, article two-e of this chapter.
(i) School improvement Councils shall meet at least once every nine weeks or equivalent grading period at the call of the chair or by three fourths of its members.
(j) Councils shall meet at least annually with the county board, in accordance with the provisions of section fourteen, article five of this chapter. At this annual meeting, the council chair, or another member designated by the chair, shall be prepared to address the issues described in paragraph (B), subsection(a), section fourteen, article five of this chapter and any other information, comments or suggestions the council wishes to bring to the attention of the county board. Anything presented under this subsection shall be submitted to the county board in writing and in such form as the county board may direct at least thirty days in advance of the annual meeting.
(k) In order to facilitate development of the county board's annual report required by section fourteen, article five of this chapter, the county board may, in its discretion, consult with and request assistance from members of the councils.
(e) (l) School improvement Councils shall be considered for the receipt of school of excellence awards under section three of this article and competitive grant awards under section twenty-nine, article two of this chapter, and may receive and expend such the grants for the purposes provided in such section.
In any and all matters which may fall within the scope of both the school improvement councils and the school curriculum teams authorized in section five of this article, the school curriculum teams shall be deemed to have jurisdiction.
In order to promote innovations and improvements in the environment for teaching and learning at the school, a school improvement council shall receive cooperation from the school in implementing policies and programs it may adopt to meet the following objectives:
(1) Encourage the involvement of parent(s), guardian(s) or custodian(s) in the process of their child's educational process children's education and in the school;
(2) Encourage businesses to provide time for their employees who are parent(s), guardian(s) or custodian(s) to meet with teachers concerning their child's children's education;
(3) Encourage advice and suggestions from the business community;
(4) Encourage school volunteer programs and mentorship programs; and
(5) Foster utilization of the school facilities and grounds for public community activities.
(f) (m) On or before the eighth day of June, one thousand nine hundred ninety-five, each local school improvement council shall develop and deliver a report to the county-wide council on productive and safe schools. The report shall include guidelines for the instruction and rehabilitation of pupils who have been excluded from the classroom, suspended from the school, or expelled from the school, the description and recommendation of in-school suspension programs, a description of possible alternative settings, schedules for instruction, and alternative education programs and an implementation schedule for such guidelines. The guidelines shall include the following:
(1) A system to provide for effective communication and coordination between school and local emergency services agencies;
(2) A preventive discipline program which may include the responsible students program devised by the West Virginia state board of education as adopted by the county board of education, pursuant to the provisions of subsection (e), section one, article five, chapter eighteen-a of this code; and
(3) A student involvement program, which may include the peer mediation program or programs devised by the West Virginia state board of education as adopted by the county board of education, pursuant to the provisions of subsection (e), section one, article five, chapter eighteen-a of this code.
(g) (n) The council may include in its report to the county- wide council on productive and safe schools provisions of the state board of education policy 4373, Student Code of Conduct, or any expansion of such this policy which increases the safety of students in schools in this state and is consistent with the policies and other laws of this state.
(h) (o) Councils may adopt their own guidelines established under this section. In addition, the councils may adopt all or any part of the guidelines proposed by other local school improvement councils, as developed under this section, which are not inconsistent with the laws of this state, the policies of West Virginia the state board of education or the policies of the county board of education.
(p) Prior to the first day of August, two thousand four, the state board shall direct the preparation of and shall submit to the principal of each school a video tape and handbook explaining the powers and duties of councils and emphasizing the interpretation of test scores and the role of the office of education performance audits in public education. The state board may modify these materials at any time as necessary or appropriate.
(q) Annually each principal shall make copies of the most recent version of the handbook and distribute it to newly-elected council members and shall arrange for members of the council to view the video tape created pursuant to subsection (f) of this section.
(i) (r) The state board of education shall provide assistance to a local school improvement council upon receipt of a reasonable request for that assistance. The state board further may solicit proposals from other parties or entities to train council members and may enter into contracts or agreements for that purpose. Any training for members shall meet the guidelines established by the state board.



NOTE: The purpose of this bill is to clarify certain responsibilities of the state superintendent, county superintendent and state and county boards; to direct training for superintendents and board members; to establish performance and salary increase criteria; to require annual performance evaluations; to clarify and add to the definitions; and to make certain technical changes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§18-2-5g and §18-4-6 are new; therefore, underscoring and strike-throughs have been omitted.