WEST virginia Legislature
2017 regular session
By
[
to the Committee on
A BILL to amend and
reenact §18-2-5 of the Code of West Virginia, 1931, as amended, relating to the
State Board of Education; and providing that the board require that public
schools provide facilities for students of all faiths and religions to have a
place of fellowship, prayer and worship.
Be it enacted by the Legislature
of West Virginia:
That §18-2-5 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 2. STATE BOARD
OF EDUCATION.
§18-2-5. Powers and
duties generally; specific powers and duties for alternatives that improve
student learning.
(a) Subject to and in
conformity with the Constitution and laws of this state, the State Board of
Education shall exercise general supervision of the public schools of the
state, and shall promulgate rules in accordance with the provisions of
article three-b, chapter twenty-nine-a of this code for carrying into effect
the laws and policies of the state relating to education. The rules shall
relate to the following:
(1) Standards for
performance and measures of accountability;
(2) Physical welfare of
students;
(3) Education of all
children of school age;
(4) School attendance;
(5) Evening and
continuation or part-time day schools;
(6) School extension work;
(7) Classification of
schools;
(8) Issuing certificates based
upon credentials;
(9) Distribution and care
of instructional resources by county boards;
(10) Requiring that public
schools provide facilities for students of all faiths and religions to have a
place of fellowship, prayer and worship;
(10) (11) General powers and duties of county
boards, teachers, principals, supervisors and superintendents; and
(11) (12) Such other matters pertaining to the
public schools of the state as the state board considers necessary and
expedient.
(b) The state board, in
exercising its constitutional responsibility for the general supervision of
public schools, must do so as provided by general law. Included within the
general law is the process for improving education which has been recognized by
the court as the method chosen by the Legislature to measure whether a thorough
and efficient education is being provided. The court further recognized that
the resulting student learning is the ultimate measure of a thorough education
and that it must be achieved in an efficient manner. To achieve this result,
the state board must have reasonable discretion to balance the local autonomy
and flexibility needed by schools to deliver a thorough and efficient education
with the letter of the laws as enacted for school operations.
(c) The purpose of this
subsection is to authorize the state board to approve alternatives to the
letter of the laws enacted for school operations in the areas enumerated in
this subsection. The state board may approve such alternatives as proposed by a
county board or school if, in the sole judgment of the state board, the
alternatives meet the spirit and intent of the applicable statutes and are
intended solely to optimize student learning.
(1) The Legislature finds
that alternatives are warranted and may be approved by the state board on a
case-by-case basis when a county board submits to the state board a
comprehensive plan for optimizing student learning that:
(A) Achieves the spirit and
intent of the laws for an instructional term that provide the instructional time
necessary for students to meet or exceed the high quality standards for student
performance adopted by the state board;
(B) Ensures sufficient time
within the instructional term to promote the improvement of instruction and
instructional practices;
(C) Incorporates a school
calendar approved in accordance with the approval process required by section
forty-five, article five of this chapter;
(D) Allows for school-level
determination of alternatives affecting time within the school day that
preserve the spirit and intent of providing teachers with: (i) Sufficient
planning time to develop engaging, differentiated instruction for all students
in all classes, which includes at least forty minutes in length for the
elementary level and as required by section fourteen, article four, chapter
eighteen-a of this code for the secondary level; and (ii) collaborative time
for teachers to undertake and sustain instructional improvement. This
determination may be made only in the form of a school policy that is part of
the school's
strategic improvement plan and is approved by a vote of the faculty senate; and
(E) Has the sole purpose of
improving student learning and that improvement is evident within a reasonable
period.
(2) The Legislature makes
the following findings for consideration by the state board with respect to
optimizing student learning:
(A) Maximizing learning
time is a critical factor needed to improve student learning and requires
multiple strategies and policies that support great teaching and learning;
(B) Learning time is that
portion of instructional time in the school day during which a student is
paying attention and receiving instruction that is appropriately leveled, and
learning is taking place. Learning time must not be assumed to be the time that
a student is seated at a desk, but may be achieved through a variety of methods
that actively engage students in learning;
(C) A student's time
engaged in learning is maximized when the student is allowed to progress and
acquire competency at a pace which challenges his or her interest and intellect
while receiving guidance and assistance when needed. Instructional strategies
to help personalize student learning in this manner are frequently assisted by
technology;
(D) Providing teachers with
the resources and support needed to engage students in meaningful,
appropriately leveled learning for as much time as is possible during the
school day may be as important as facilities, equipment and staff development
for maximizing learning time and improving student learning;
(E) Successful schools are
distinguishable from unsuccessful schools by the frequency and extent to which
teachers discuss professional practices, collectively design materials and
inform and critique one another;
(F) Even successful schools
must be self-renewing systems and learning organizations marked by deliberate
effort to identify helpful knowledge and spread its use within the
organization;
(G) Unless teachers are
collectively involved in planning and implementing school improvement, it is
unlikely to be sustained; and
(H) Given sufficient
control over their own programs and supportive district leadership and
policies, schools themselves may best be suited to determine the variety of
methods through which time during the school day is allocated for teachers to
plan individually and collectively to maximize learning time. Examples of
methods used by successful schools include, but are not limited to, scheduling,
using special subject teachers and guest presenters, dedicating time set aside
for staff development, implementing alternative staff utilization patterns,
providing opportunities for administrators to teach, and utilizing accrued
instructional time.
NOTE: The purpose of this bill is
to provide that the State Board of Education require that public schools
provide facilities for students of all faiths and religions to have a place of
fellowship, prayer and worship.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.