HB 109 Text

H. B. 109

          (By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
          [By Request of the Executive]
          [Introduced May 13, 2010; referred to the
          Committee on Education then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3, all relating to school committees; establishing purpose; authorizing waiver of statutes and rules requiring certain committees; authorizing the creation of collaborative teams in place of certain committees; creating application and approval process for waiver; providing for certain votes; and authorizing rulemaking.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3, all to read as follows:
ARTICLE 5D. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM __WAIVERS.
§18-5D-1. Purpose.
The purpose of this article is:
(a) To facilitate and encourage teacher collaboration by empowering schools to create alternative decision-making processes that address school and classroom improvement and by allowing for the reorganization or consolidation of certain school committees required by statutes and state board rules, including the Local School Improvement Council, School Curriculum Team, Strategic Planning Committee, Technology Team and School Support Team; and
(b) To recognize that schools in this state differ greatly in enrollment, grade configuration, demographics and student needs and to provide flexibility to teachers and principals by allowing them to determine the types of teams necessary to move the school forward.
§18-5D-2. Waiver application.
__________(a) Request for reorganization. -- A school may submit a waiver application to the state board to create collaborative teams that may replace the Local School Improvement Council, required by section two, article five-a of this chapter, the School Curriculum Team, required by section six, article five-a of this chapter, and the Strategic Planning Committee, the Technology Team and the School Support Team, required by state board rules. Reorganization under this article may not replace the Student Assistance Team or the faculty senate. The waiver application shall include:
____________________(1) A description of the collaborative teams, which shall address all of the following:

(A) An emphasis on teacher collaboration and leadership;

(B) School and classroom effectiveness;

(C) Involvement and support of stakeholders; and

(D) A coherent learner-focused improvement plan;

____________________(2) An explanation of how the existing membership of required committees shall have representation in the reorganization, and how the roles, responsibilities and tasks of required committees shall be instituted in the reorganization;
____________________(3) Evidence that the employees and stakeholders who are involved in restructured collaborative teams have, or will enter into, a process of professional learning that develops the necessary knowledge and skills to enhance learner-focused collaboration; and
____________________(4) Evidence that employees and stakeholders have researched viable improvement structures and processes and have proposed an effective structure that addresses the particular needs of the school, its students and employees.
____________________(b) Approval. -- Before submitting the waiver application to the state board:
____________________(1) Eighty percent of the faculty senate must vote in favor of the reorganization. The vote shall be conducted by secret ballot by the faculty senate chair. Before the vote, the faculty senate shall be presented with the structure, roles and responsibilities of the reorganization;
__________(2) Eighty percent of the local school improvement council must vote in favor of the reorganization. The vote shall be conducted by chair of the council and shall be conducted within one week of the vote of the faculty senate. Before the vote, the council shall be presented with the structure, roles and responsibilities of the reorganization; and
__________(3) The county superintendent and county board must approve the waiver application.
__________(c) After meeting the requirements of subsection (b), the school shall submit its waiver application to the state board. Upon review and approval of the waiver application, the state board may approve the waiver of statutes requiring the Local School Improvement Council, required by section two, article five-a of this chapter, and the School Curriculum Team, required by section six, article five-a of this chapter. The state board may also approve the waiver of rules requiring the Strategic Planning Committee, the Technology Team and the School Support Team. The school then may institute the reorganization.
§18-5D-3. Rulemaking.
__________The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article.

NOTE: The purpose of this bill is to provide for teacher empowerment teams that facilitate and encourage teacher collaboration by empowering schools to create alternative decision- making processes that address school and classroom improvement and allow for the reorganization or consolidation of certain school committees required by statutes and state board rules.

This article is new; therefore, strike-throughs and underlining have been omitted.

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