H. B. 2300
(By Delegates Mezzatesta, Perry, Shaver,
Williams, Crosier, Poling and Beach)
(Originating in the Committee on Education)
(January 15, 2003)
A BILL to amend and reenact sections five and five-c, article two-
e, chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to the
process for improving education; reorganizing subsections and
refining intent; modifying elements of the system of education
performance audits; providing for annual performance measures
and specifying their use; specifying uses of other information
from system of education performance audits; creating
education performance audit panel and providing for
organization and membership; placing powers and duties of
office of education performance audits under panel and
providing additional duties; modifying content of school and
county unified improvement plans and requirements for
revision; requiring electronic boilerplate for unified school
improvement plans; revising on-site performance audit process
and requirements; modifying period for maintaining accreditation and approval when certain deficiencies noted;
clarifying process for giving seriously impaired status;
providing transfer rights for replaced principals; modifying
authorization to transfer from seriously impaired school; and
adding specification to notice required of state board to
process for improving education council.
Be it enacted by the Legislature of West Virginia:
That sections five and five-c, article two-e, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; education standards and
accountability measures; office of education
performance audits; school accreditation and school
system approval; intervention to correct impairments.
(a) Legislative findings, purpose and intent. --
(1) The Legislature finds that the process for improving
education includes four primary elements, these being:
(A) Standards which set forth the things that students should
know and be able to do as the result of a thorough and efficient
education including measurable criteria to evaluate student
performance and progress;
(B) Assessments of student performance and progress toward
meeting the standards;
(C) A system for holding schools and school systems
accountable for student performance and progress toward obtaining
a high quality education which is delivered in an efficient manner;
and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2) The Legislature further finds that as the constitutional
body charged with the general supervision of schools as provided by
general law, the state board has the authority and the
responsibility to establish the standards, assess the performance
and progress of students against the standards, hold schools and
school systems accountable, and assist schools and school systems
to build capacity and improve efficiency so that the standards are
met, including, when necessary, seeking additional resources in
consultation with the Legislature and the governor.
(3) The Legislature also finds that as the constitutional body
charged with providing for a thorough and efficient system of
schools, the Legislature has the authority and the responsibility
to establish and be engaged constructively in the determination of
the things that students should know and be able to do as the
result of a thorough and efficient education. This determination
is made by using the process for improving education to determine
when school improvement is needed, by evaluating the results and the efficiency of the system of schools, by ensuring
accountability, and by providing for the necessary capacity and its
efficient use.
(4) Therefore, the purpose of this section is to establish a
process for improving education that includes the four primary
elements as set forth in subdivision (1) of this subsection to
provide assurances that a thorough and efficient system of schools
is being provided for all West Virginia public school students on
an equal education opportunity basis and that the high quality
standards are, at a minimum, being met.
(5) The intent of the Legislature in enacting this section and
section five-c of this article is to establish a process through
which the Legislature, the governor and the state board can work in
the spirit of cooperation and collaboration intended in the process
for improving education to consult and examine, when necessary, the
performance and progress of students, schools and school systems
and consider alternative measures to ensure that all students
continue to receive the thorough and efficient education to which
they are entitled. However, nothing in this section requires any
specific level of funding by the Legislature.
(b) Unified county and school improvement plans. -- The state
board shall promulgate rules in accordance with article three-b,
chapter twenty-nine-a of this code establishing a unified county
improvement plan for each county board and a unified school improvement plan for each public school in this state. The rules
shall specify that the unified school improvement plan shall
include all appropriate plans required by law including, but not
limited to, the following:
(1) The report required to be delivered to the county-wide
council on productive and safe schools pursuant to subsection (f),
section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology
pursuant to 20 U.S.C. §6845, section seven, article two-e of this
chapter, state board policy or rule or any other county, state or
federal law;
(3) The strategic plan to manage the integration of special
needs students as required by section five, article five-a of this
chapter; and
(4) The school based improvement plan set forth in the
Elementary and Secondary Education Act pursuant to 29 U.S.C. §6301,
et seq.
The plans are required to be included only to the extent
permitted by state and federal law.
(c) (b) High quality education standards and efficiency
standards. -- In accordance with the provisions of article three-b,
chapter twenty-nine-a of this code, the state board shall adopt and
periodically review and update high quality education standards for
student, school and school system performance and processes in the following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance and progress;
(12) School and school system performance and progress;
(13) A code of conduct for students and employees;
(14) Indicators of efficiency; and
(15) Any other areas determined by the state board.
The standards shall assure that graduates are prepared for
continuing post-secondary education, training and work and that
schools and school systems are making progress toward achieving the
education goals of the state.
(c) Assessment and accountability of student, school and
school system performance, progress and processes. -- In accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code, the state board shall establish by rule a system of education performance audits which measures the quality of
education and the preparation of students based on the standards
and measures of student, school and school system performance,
progress and processes. The system of education performance audits
shall provide information to the state board, the Legislature and
the governor collectively as the process for improving education
council pursuant to section five of this article, and individually
upon request and as otherwise provided in this section, upon which
they may judge whether the standards and measures established
pursuant to this section are, at a minimum, being met and a
thorough and efficient system of schools is being provided. The
system of education performance audits shall include: (1) The
assessment of student, school and school system performance and
progress on annual performance measures and indicators of
efficiency; (2) the evaluation of records, reports and other
information collected by the department upon which the quality of
education and compliance with statutes, policies and standards may
be judged; (3) the review of school and school system unified
improvement plans; and (4) the periodic on-site review of school
and school system performance, progress and compliance with
statutes, policies and standards.
(d) Uses of school and school system assessment information.
-- The state board and the process for improving education council
established pursuant to section five-c of this article shall use information from the system of education performance audits to
assist them in improving student, school and school system
performance and progress and
ensuring that a thorough and efficient
system of schools is being provided. Information from the system
of education performance audits further shall be used by the state
board for these purposes, including, but not limited to, the
following: (1) Determining school accreditation and school system
approval status; (2) holding schools and school systems accountable
for the efficient use of existing resources to meet or exceed the
standards; and (3) targeting additional resources when necessary to
improve performance and progress. Primary emphasis in determining
school accreditation and school system approval status is based on
the annual measures of student, school and school system
performance and progress. Other information from the system of
education performance audits is used primarily to ensure compliance
with statutes, policies and standards and to assess the processes
which enable student performance and progress with the objective of
improving student, school and school system performance and
progress. The state board shall make accreditation information
available to the Legislature, the governor, the general public and
to any individuals who request the information, subject to the
provisions of any act or rule restricting the release of
information.
(e) Education Performance Audit Panel. -- The
system of education performance audits shall be under the direction of the
education performance audit panel which shall be comprised of the
president of the state board who shall chair the panel; one member
of the state board selected by the board; the state superintendent;
and the ranking employees of the department of education whose
major areas of responsibility are, including but not limited to,
curriculum, instruction, assessment, finance, facilities,
professional development, certification, vocational education,
regional education service agencies and education information data
collection, all designated by the state superintendent with
approval of the state board. The education performance audit panel
shall report directly to and be responsible to the state board in
carrying out its duties under the provisions of this section.
Subject to approval of the state board, the state superintendent
shall organize the department to fulfill requirements of this
section and the duties assigned to the education performance audit
panel by law and by the state board and may employ a director to
facilitate the work of the panel. The panel shall have the powers
and duties to:
(1) Assist the state board and the process for improving
education council pursuant to section five-c of the article in the
operation of a system of education performance audits that will
enable them to evaluate whether a thorough and efficient education
is being provided;
(2) Assist the state board in making determinations regarding
the accreditation status of schools and the approval status of
school systems;
(3) Assure that all statewide assessments of student
performance are secure as required in section one-a of this
article;
(4) Administer all accountability measures as assigned by the
state board, including, but not limited to, the following:
(A) Processes for the accreditation of schools and the
approval of school systems. These processes shall focus on those
measurable criteria related to student performance and progress and
to the delivery of instruction which will enable student
performance and progress;
(B) Recommendations to the state board on appropriate action,
including, but not limited to, accreditation and approval action;
and
(C) Recommendations to the state board for assistance to low
performing schools to make improvements before the schools become
seriously impaired;
(5) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the state board, and recommend to the school, the
school system, the state board and the process for improving education council, plans to establish those needed capacities;
(6) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity to establish and maintain a thorough and
efficient system of schools, including the identification of trends
and the need for continuing improvements in education, and report
those deficiencies and trends to the state board and the process
for improving education council;
(7) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the Legislature
and the state board, and make recommendations to the state board,
the process for improving education council, the center for
professional development, the regional educational service
agencies, the higher education policy commission, and the county
boards;
(8) Develop reporting formats, such as check lists or
electronic reporting formats,
which shall be used by the
appropriate administrative personnel in schools and school systems
to document compliance with laws, policies and standards including,
but not limited to, compliance with limitations on the number of
pupils per teacher in a classroom and the number of split grade
classrooms. Information contained in the reporting formats may be
examined during an on-site review to determine accuracy. Intentional and grossly negligent reporting of false information is
ground for dismissal;
(9) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance, and make recommendations to the state board and the
process for improving education council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The state board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(10)
Report to the legislative oversight commission on
education accountability at its legislative interim meetings each
month, or as may be otherwise requested, on the performance and
progress of students, schools and school systems and such other
information as may be requested.
(f) Annual Performance measures. -- The system of education
performance audits shall include the following annual measures of
student, school and school system performance and progress which
shall be the primary measures for determining school accreditation
and school system approval and whether improvement is needed:
(1) The acquisition of student proficiencies as indicated by
student performance and progress by grade level measured, where possible, by a uniform statewide assessment program;
(2) The school attendance rate which shall be no less than
ninety percent in attendance
excluding excused student absences,
students not in attendance due to disciplinary measures and absent
students for whom the attendance director has pursued judicial
remedies to compel attendance to the extent of his or her
authority,
and used only for schools that do not include grade
twelve; and
(3) The high school graduation rate which shall be no less
than eighty-five percent using an unduplicated count with
restoration of students who return to the school to complete a
diploma.
The system of education performance audits shall further
include the following annual measures of student, school and school
system performance and progress which shall be used only as
additional measures for determining whether schools and school
systems should be granted exemplary accreditation status:
(1) The percentage of graduates who enroll in college and
other post-secondary education and training within one year
following high school graduation;
(2) The percentage of graduates who receive additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(3) The percentage of students who successfully complete
advanced placement, dual credit and honors classes.
(d) Performance measures. -- The standards shall assure that
all graduates are prepared for gainful employment or for continuing
post-secondary education and training and that schools and school
systems are making progress in achieving the education goals of the
state. The standards shall include measures of student performance
and progress and measures of school and school system performance,
progress and processes that enable student performance. The
measures of student performance and progress and school and school
system performance, progress and processes shall include, but are
not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance and progress by grade level measured, where
possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) The student dropout rate;
(4) The high school graduation rate;
(5) The percentage of graduates who enrolled in college and
the percentage of graduates who enrolled in other post-secondary
education within one year following high school graduation;
(6) The percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the level required for graduation; and
(7) The percentage of students who enrolled in and the
percentage of students who successfully completed advanced
placement, dual credit and honors classes, respectively, by grade
level.
(e) (g) Indicators of efficiency. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code,
the state board shall adopt and periodically review and update
indicators of efficiency for student and school system performance
and processes in the following areas:
(1) Curriculum delivery including, but not limited to, the use
of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Utilization of regional educational service agency
programs and services, including programs and services that may be
established by their assigned regional educational service agency,
or other regional services that may be initiated between and among
participating county boards; and
(7) Any other indicators as determined by the state board.
(f) Assessment and accountability of school and school system
performance and processes. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state
board shall establish by rule a system of education performance
audits which measures the quality of education and the preparation
of students based on the standards and measures of student, school
and school system performance, progress and processes, including,
but not limited to, the standards and measures set forth in
subsections (c) and (d) of this section. The system of education
performance audits shall assist the state board, the Legislature
and the governor in ensuring that the standards and measures
established pursuant to this section are, at a minimum, being met
and that a thorough and efficient system of schools is being
provided. The system of education performance audits shall
include: (1) The assessment of student performance and progress,
school and school system performance and progress, and the
processes in place in schools and school systems which enable
student performance and progress; (2) the review of school and
school system unified improvement plans; and (3) the periodic
on-site review of school and school system performance and progress
and compliance with the standards.
(g) Uses of school and school system assessment information.
-- The state board and the process for improving education council
established pursuant to section five-c of this article shall use
information from the system of education performance audits to
assist them in ensuring that a thorough and efficient system of schools is being provided and to improve student, school and school
system performance and progress. Information from the system of
education performance audits further shall be used by the state
board for these purposes, including, but not limited to, the
following: (1) Determining school accreditation and school system
approval status; (2) holding schools and school systems accountable
for the efficient use of existing resources to meet or exceed the
standards; and (3) targeting additional resources when necessary to
improve performance and progress. Primary emphasis in determining
school accreditation and school system approval status is based on
student performance and progress, school and school system
performance and progress and such other measures as selected by the
state board. The state board shall make accreditation information
available to the Legislature, the governor, the general public and
to any individuals who request the information, subject to the
provisions of any act or rule restricting the release of
information.Based on the assessment of student, school and
school system performance and progress, the state board shall
establish early detection and intervention programs using the
available resources of the department of education, the regional
educational service agencies, the center for professional
development and the principals academy, as appropriate, to assist
underachieving schools and school systems to improve performance
before conditions become so grave as to warrant more substantive state intervention. Assistance shall include, but is not limited
to, providing additional technical assistance and programmatic,
professional staff development, providing monetary, staffing and
other resources where appropriate, and, if necessary, making
appropriate recommendations to the process for improving education
council.
(h) Unified county and school improvement plans. -- The state
board shall promulgate rules in accordance with article three-b,
chapter twenty-nine-a of this code establishing a unified county
improvement plan for each county board and a unified school
improvement plan for each public school in this state. The rules
shall specify that the unified improvement plans shall be a single
plan which integrates all appropriate plans required by law
including, but not limited to, the following:
(1) The report required to be delivered to the county-wide
council on productive and safe schools pursuant to subsection (f),
section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology
pursuant to 20 U.S.C. §6845, section seven, article two-e of this
chapter, state board policy or rule or any other county, state or
federal law;
(3) The strategic plan to manage the integration of special
needs students as required by section five, article five-a of this
chapter;
(4) The school based improvement plan set forth in the
Elementary and Secondary Education Act pursuant to 29 U.S.C. §6301,
et seq; and
(5) A plan to improve student, school or school system
performance and progress, as applicable, which shall be revised
when required pursuant to this section to include the standard or
standards upon which performance and progress is not met, a
separate time line and objectives for improvement to meet each
standard, a date certain upon which each standard will be met, a
cost estimate and, when applicable, the assistance to be provided
by the department and other education agencies to improve student,
school or school system performance and progress to meet the
standard or standards.
The plans are required to be integrated only to the extent
permitted by state and federal law.
The department shall make available on and after the first day
of August, two thousand three, to all public schools through its
web site or the West Virginia education information system an
electronic unified school improvement plan boilerplate designed for
use by all schools to develop a unified school improvement plan
which incorporates all required aspects.
(i) Early Detection and Intervention Programs. -- Based on the
assessment of student, school and school system performance and
progress, the state board shall establish early detection and intervention programs using the available resources of the
department of education, the regional educational service agencies,
the center for professional development and the principals academy,
as appropriate, to assist underachieving schools and school systems
to improve performance before conditions become so grave as to
warrant more substantive state intervention. Assistance shall
include, but is not limited to, providing additional technical
assistance and programmatic, professional staff development,
providing monetary, staffing and other resources where appropriate,
and, if necessary, making appropriate recommendations to the
process for improving education council.
(h) Office of education performance audits. --
(1) To assist the state board and the process for improving
education council in the operation of a system of education
performance audits that will enable them to evaluate whether a
thorough and efficient education is being provided, and to assist
the state board in making determinations regarding the
accreditation status of schools and the approval status of school
systems, the state board shall establish an office of education
performance audits which shall be operated under the direction of
the state board independently of the functions and supervision of
the state department of education and state superintendent. The
office of education performance audits shall report directly to and
be responsible to the state board in carrying out its duties under the provisions of this section.
(2) The office shall be headed by a director who shall be
appointed by the state board and who shall serve at the will and
pleasure of the state board. The salary of the director shall not
exceed the salary of the state superintendent of schools.
(3) The state board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by law and by the state
board. Employees of the state department of education who are
transferred to the office of education performance audits retain
their benefit and seniority status with the department of
education.
(4) Under the direction of the state board, the office of
education performance audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance and progress of students, schools and school
systems, and shall receive assistance, as determined by the state
board, from staff at the state department of education, the
regional education service agencies, the center for professional
development, the principals academy and the state school building
authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it by
the state board or by statute, the office of education performance
audits also shall:
(A) Assure that all statewide assessments of student performance are secure as required in section one-a of this
article;
(B) Administer all accountability measures as assigned by the
state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems. These processes shall focus on those
measurable criteria related to student performance and progress and
to the delivery of instruction which will enable student
performance and progress; and
(ii) Recommendations to the state board on appropriate action,
including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the state board, and recommend to the school, the
school system, the state board and the process for improving
education council, plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity to establish and maintain a thorough and
efficient system of schools, including the identification of trends
and the need for continuing improvements in education, and report
those deficiencies and trends to the state board and the process
for improving education council;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the Legislature
and the state board, and make recommendations to the state board,
the process for improving education council, the center for
professional development, the regional educational service
agencies, the higher education policy commission, and the county
boards;
(F) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance, and make recommendations to the state board and the
process for improving education council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The state board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with various of
the applicable laws, policies and process standards as considered
appropriate and approved by the state board, including, but not
limited to, compliance with limitations on the number of pupils per teacher in a classroom and the number of split grade classrooms.
Information contained in the reporting formats shall be examined
during an on-site review to determine compliance with laws,
policies and standards. Intentional and grossly negligent
reporting of false information is ground for dismissal.
(j) On-site reviews. --
(1) The system of education performance audits shall include
on-site reviews of schools and school systems which shall be
conducted at the direction of the state board or by weighted
selection by the education performance audits audit panel to give
priority for an on-site review of schools and school systems whose
performance on the annual performance measures and other
information reviewed by the panel indicates that a review is
warranted and to those schools and school systems which have not
had a recent on-site review. An on-site review shall
be conducted
by the office of education performance audits of any school or
school system for purposes, including, but not limited to, the
following:
(A) Verifying data reported by the school or county board;
(B) Documenting compliance with policies and laws;
(C) Evaluating the effectiveness and implementation status of
school and school system unified improvement plans;
(D) Investigating official complaints submitted to the state
board that allege serious impairments in the quality of education in schools or school systems;
(E) Investigating official complaints submitted to the state
board that allege that a school or county board is in violation of
policies or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews and
inspections have been conducted by the appropriate agencies,
including, but not limited to, the state fire marshal, the health
department, the school building authority and the responsible
divisions within the department of education, and whether noted
deficiencies have been or are in the process of being corrected.
The office of education performance audits An education performance
audit may not conduct a duplicate review or inspection of any
compliance reviews or inspections conducted by the department or
its agents or other duly authorized agencies of the state, nor may
mandate more stringent compliance measures be mandated.
(2) The selection of schools and school systems for an on-site
review shall use a weighted sample so that those with lower
performance and progress indicators have a greater likelihood of
being selected. The director of the office of education
performance audits The state superintendent shall notify the county
superintendent of schools five school days prior to commencing an
on-site review of the county school system and shall notify both
the county superintendent and the principal five school days prior
to commencing an on-site review of an individual school: Provided, That the state board may direct the office of education performance
audits to conduct an unannounced on-site review of a school or
school system to be conducted if the state board believes
circumstances warrant an unannounced on-site review.
(3) The office of education performance audits may conduct
On-site reviews may be conducted which are limited in scope to
specific areas in addition to full reviews which cover all areas.
(4) An on-site review of a school or school system shall
include be conducted by a person or persons from the department of
education or a public education agency in the state who is
designated by the education performance audit panel and who has
expert knowledge and experience in the area or areas to be
reviewed. and who is designated by the state board from the
department of education and the agencies responsible for assisting
the office. If the size of the school or school system being
reviewed necessitates the use of an on-site review team or teams,
the person or persons designated by the state board shall advise
and assist the director to appoint the team or teams. The person
or persons designated by the state board panel shall be the team
leaders.
The persons designated by the state board panel shall be
responsible for completing the report on the findings and
recommendations of the on-site review in their area of expertise.
It is the intent of the Legislature that the persons designated by the state board participate in all on-site reviews that involve
their area of expertise to the extent practicable so that the on-
site review process will evaluate compliance with the standards in
a uniform, consistent and expert manner.
(5) The office of education performance audits shall reimburse
A county board shall be reimbursed by the department for the costs
of substitutes required to replace county board employees while
they are serving on a review team.
(6) At the conclusion of an on-site review of a school system,
the director and team leaders shall hold an exit conference with
the superintendent and shall provide an opportunity for principals
to be present for at least the portion of the conference pertaining
to their respective schools. In the case of an on-site review of
a school, the exit conference shall be held with the principal and
the superintendent shall be provided the opportunity to be present.
(7) The report on the findings of an on-site review shall be
submitted to the county superintendent and the principals whose
schools were reviewed within thirty days following the conclusion
of the on-site review.
The office of education performance audits
education performance audit panel shall report the findings of the
an on-site reviews review to the state board within forty-five days
after the conclusion of the on-site review for inclusion in the
evaluation and determination of a school's or county board's
accreditation or approval status as applicable. The report on the findings of an on-site review shall be submitted to the state board
within thirty days following the conclusion of the on-site review
and to the county superintendent and principals of schools within
the reviewed school system within forty-five days following the
conclusion of the on-site review. A copy of the report shall be
provided to the process for improving education council.
(j) (k) School accreditation. -- The state board annually
shall review the information from the system of education
performance audits submitted for each school and shall issue to
every school one of the following approval levels: Exemplary
accreditation status, full accreditation status, temporary
accreditation status, conditional accreditation status, or
seriously impaired status.
(1) Full accreditation status shall be given to a school when
the school's performance and progress on the standards adopted by
the state board pursuant to subsections (c) and (d) of this section
are at a level which would be expected when all of the high quality
education standards are being met. A school which meets or exceeds
the measures of student performance and progress set forth in
subsection (d) subsection (f) of this section, and which does not
have any deficiencies which would endanger student health or safety
or other extraordinary circumstances as defined by the state board,
shall remain on full accreditation status for six months following
an on-site review in which other deficiencies are noted. The school the remainder of the accreditation period and shall have an
opportunity to correct those deficiencies, notwithstanding other
provisions of this subsection.
(2) Temporary accreditation status shall be given to a school
when the measure of the school's performance and progress is below
the level required for full accreditation status. Whenever a
school is given temporary accreditation status, the county board
shall ensure that the school's unified improvement plan is revised
to increase the performance and progress of the school to a full
accreditation status level. The revised unified school improvement
plan shall include objectives, a time line, a plan for evaluation
of the success of the improvements, cost estimates, and a date
certain for achieving full accreditation the standard or standards
upon which performance and progress is not met, a separate time
line and objectives for improvement to meet each standard, a date
certain upon which each standard will be met, a cost estimate and,
when applicable, the assistance to be provided by the department
and other education agencies to improve student, school or school
system performance and progress to meet the standard or standards.
The revised plan shall be submitted to the state board for
approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance and progress on the standards
adopted by the state board are below the level required for full accreditation, but the school's unified improvement plan meets the
following criteria:
(i) The plan has been revised to achieve full accreditation
status by a date certain to improve performance and progress on the
standard or standards by a date or dates certain
;
(ii) The plan has been approved by the state board; and
(iii) The school is meeting the objectives and time line
specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance and progress on the standards adopted
by the state board pursuant to subsections (c) and (d) of this
section substantially exceed the minimal level which would be
expected when all of the high quality education standards are being
met. The state board shall promulgate legislative rules in
accordance with the provisions of article three-b, chapter
twenty-nine-a, designated to establish standards of performance and
progress to identify exemplary schools.
(5) Seriously impaired accreditation status shall be given to
a school The state board shall establish and adopt standards of
performance and progress to identify seriously impaired schools and
the state board may declare a school seriously impaired whenever
extraordinary circumstances exist as defined by the state board.
(A) These circumstances shall include, but are not limited to,
the following:
(i) The failure of a school on temporary accreditation status
to obtain approval of its revised unified school improvement plan
within a reasonable time period as defined by the state board;
(ii) The failure of a school on conditional accreditation
status to meet the objectives and time line of its revised unified
school improvement plan; or
(iii) The failure of a school to achieve full accreditation
meet a standard by the date specified in the revised plan.
(B) Whenever the state board determines that the quality of
education in a school is seriously impaired, the state board shall
appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correction of the impairment.
When the state board approves the recommendations, they shall be
communicated to the county board. If progress in correcting the
impairment as determined by the state board is not made within six
months from the time the county board receives the recommendations,
the state board shall place the county board on temporary approval
status and provide consultation and assistance to the county board
to assist it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management
practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to correct the impairment.
(C) If the impairment is not corrected by a date certain as
set by the state board:
(i) The state board shall appoint a monitor who shall be paid
at county expense to cause improvements to be made at the school to
bring it to full accreditation status within a reasonable time
period as determined by the state board. The monitor's work
location shall be at the school and the monitor shall work
collaboratively with the principal. The monitor shall, at a
minimum, report monthly to the state board on the measures being
taken to improve the school's performance and the progress being
made. The reports may include requests for additional assistance
and recommendations required in the judgment of the monitor to
improve the school's performance, including, but not limited to,
the need for targeting resources strategically to eliminate
deficiencies;
(ii) The state board may make a determination, in its sole
judgment, that the improvements necessary to provide a thorough and
efficient education to the students at the school cannot be made
without additional targeted resources, in which case, it shall
establish a plan in consultation with the county board that
includes targeted resources from sources under the control of the
state board and the county board to accomplish the needed
improvements. Nothing in this subsection shall be construed to allow a change in personnel at the school to improve school
performance and progress, except as provided by law;
(iii) If the impairment is not corrected within one year after
the appointment of a monitor, the state board may make a
determination, in its sole judgment, that continuing a monitor
arrangement is not sufficient to correct the impairment and may
intervene in the operation of the school to cause improvements to
be made that will provide assurances that a thorough and efficient
system of schools will be provided. This intervention may include,
but is not limited to, establishing instructional programs, taking
such direct action as may be necessary to correct the impairments,
declaring the position of principal is vacant and assigning a
principal for the school who shall serve at the will and pleasure
of and, under the sole supervision of, the state board: Provided,
That prior to declaring that the position of the principal is
vacant, the state board must make a determination that all other
resources needed to correct the impairment are present at the
school. If the principal who was removed elects not to remain an
employee of the county board, then the principal assigned by the
state board shall be paid by the county board. If the principal
who was removed elects to remain an employee of the county board,
then the following procedure applies:
(I) The principal assigned by the state board shall be paid by
the state board until the next school term, at which time the principal assigned by the state board shall be paid by the county
board;
(II) The principal who was removed shall be placed on the
preferred recall list for all positions in the county for which the
principal is certified, as defined in section seven, article four
of this chapter, and may transfer to any teaching position in the
county for which the principal is certified and has seniority; and
(III) The principal who was removed shall be paid by the
county board and may be assigned to administrative duties, without
the county board being required to post that position until the end
of the school term;
(6) The county board shall take no action nor refuse any
action if the effect would be to impair further the school in which
the state board has intervened.
(7) The state board may appoint a monitor pursuant to the
provisions of this subsection to assist the school principal after
intervention in the operation of a school is completed.
(k) (l) Transfers from seriously impaired schools. -- Whenever
a school is determined to be seriously impaired and fails to
improve its status within one year following state intervention in
the operation of the school to correct the impairment, any student
attending the school may transfer once to the nearest fully
accredited school in the county, subject to approval of the fully
accredited school and at the expense of the school from which the student transferred.
(l) (m) School system approval. -- The state board annually
shall review the information submitted for each school system from
the system of education performance audits and issue one of the
following approval levels to each county board: Full approval,
temporary approval, conditional approval, or nonapproval.
(1) Full approval shall be given to a county board whose
education system meets or exceeds all of the high quality standards
for student, school and school system performance, progress and
processes adopted by the state board and whose schools have all
been given full, temporary or conditional accreditation status. A
school system which meets or exceeds the measures of student
performance and progress set forth in subsection (d) subsection (f)
of this section, and which does not have any deficiencies which
would endanger student health or safety or other extraordinary
circumstances as defined by the state board, shall remain on full
accreditation status for six months following an on-site review in
which other deficiencies are noted. The school the remainder of
the approval period and shall have an opportunity to correct those
deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its unified county improvement plan to increase the performance and progress of the school system to a
full approval status level. The revised plan shall include
objectives, a time line, a plan for evaluation of the success of
the improvements, a cost estimate, and a date certain for achieving
full approval the standard or standards upon which performance and
progress is not met, a separate time line and objectives for
improvement to meet each standard, a date certain upon which each
standard will be met, a cost estimate and, when applicable, the
assistance to be provided by the department and other education
agencies to improve student, school or school system performance
and progress to meet the standard or standards.
The revised plan
shall be submitted to the state board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose unified county improvement plan meets the
following criteria:
(i) The plan has been revised to achieve full approval status
by a date certain improve performance and progress on the standard
or standards by a date or dates certain
;
(ii) The plan has been approved by the state board; and
(iii) The county board is meeting the objectives and time line
specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its unified county improvement plan or revised unified county improvement plan within
a reasonable time period as defined by the state board or which
fails to meet the objectives and time line of its revised unified
county improvement plan or fails to achieve full approval by the
date specified in the revised plan.
(A) The state board shall establish and adopt additional
standards to identify school systems in which the program may be
nonapproved and the state board may issue nonapproval status
whenever extraordinary circumstances exist as defined by the state
board.
(B) Whenever a county board has more than a casual deficit, as
defined in section one, article one of this chapter, the county
board shall submit a plan to the state board specifying the county
board's strategy for eliminating the casual deficit. The state
board either shall approve or reject the plan. If the plan is
rejected, the state board shall communicate to the county board the
reason or reasons for the rejection of the plan. The county board
may resubmit the plan any number of times. However, any county
board that fails to submit a plan and gain approval for the plan
from the state board before the end of the fiscal year after a
deficit greater than a casual deficit occurred or any county board
which, in the opinion of the state board, fails to comply with an
approved plan may be designated as having nonapproval status.
(C) Whenever nonapproval status is given to a school system, the state board shall declare a state of emergency in the school
system and shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correcting the
emergency. When the state board approves the recommendations, they
shall be communicated to the county board. If progress in
correcting the emergency, as determined by the state board, is not
made within six months from the time the county board receives the
recommendations, the state board shall intervene in the operation
of the school system to cause improvements to be made that will
provide assurances that a thorough and efficient system of schools
will be provided. This intervention may include, but is not
limited to, the following:
(i) Limiting the authority of the county superintendent and
county board as to the expenditure of funds, the employment and
dismissal of personnel, the establishment and operation of the
school calendar, the establishment of instructional programs and
rules and any other areas designated by the state board by rule,
which may include delegating decision-making authority regarding
these matters to the state superintendent;
(ii) Declaring that the office of the county superintendent is
vacant;
(iii) Delegating to the state superintendent both the
authority to conduct hearings on personnel matters and school
closure or consolidation matters and, subsequently, to render the resulting decisions, and the authority to appoint a designee for
the limited purpose of conducting hearings while reserving to the
state superintendent the authority to render the resulting
decisions; and
(iv) Taking any direct action necessary to correct the
emergency including, but not limited to, the following:
(I) Delegating to the state superintendent the authority to
replace administrators and principals in low performing schools and
to transfer them into alternate professional positions within the
county at his or her discretion; and
(II) Delegating to the state superintendent the authority to
fill positions of administrators and principals with individuals
determined by the state superintendent to be the most qualified for
the positions. Any authority related to intervention in the
operation of a county board granted under this paragraph is not
subject to the provisions of article four, chapter eighteen-a of
this code;
(m) (n) Notwithstanding any other provision of this section,
the state board may intervene immediately in the operation of the
county school system with all the powers, duties and
responsibilities contained in subsection (l) (m) of this section,
if the state board finds the following:
(1) That the conditions precedent to intervention exist as
provided in this section; and that delaying intervention for any period of time would not be in the best interests of the students
of the county school system; or
(2) That the conditions precedent to intervention exist as
provided in this section and that the state board had previously
intervened in the operation of the same school system and had
concluded that intervention within the preceding five years.
(n) (o) Capacity. -- The process for improving education
includes a process for targeting resources strategically to improve
the teaching and learning process. Development of unified school
and school system improvement plans, pursuant to subsection (b) (h)
of this section, is intended, in part, to provide mechanisms to
target resources strategically to the teaching and learning process
to improve student, school and school system performance. When
deficiencies are detected through the assessment and accountability
processes, the revision and approval of school and school system
unified improvement plans shall ensure that schools and school
systems are efficiently using existing resources to correct the
deficiencies. When the state board determines that schools and
school systems do not have the capacity to correct deficiencies,
the state board shall work with the county board to develop or
secure the resources necessary to increase the capacity of schools
and school systems to meet the standards and, when necessary, seek
additional resources in consultation with the Legislature and the
governor.
The state board shall recommend to the appropriate body
including, but not limited to, the process for improving education
council, the Legislature, county boards, schools and communities
methods for targeting resources strategically to eliminate
deficiencies identified in the assessment and accountability
processes. When making determinations on recommendations, the
state board shall include, but is not limited to, the following
methods:
(1) Examining reports and unified improvement plans regarding
the performance and progress of students, schools and school
systems relative to the standards and identifying the areas in
which improvement is needed;
(2) Determining the areas of weakness and of ineffectiveness
that appear to have contributed to the substandard performance and
progress of students or the deficiencies of the school or school
system;
(3) Determining the areas of strength that appear to have
contributed to exceptional student, school and school system
performance and progress and promoting their emulation throughout
the system;
(4) Requesting technical assistance from the school building
authority in assessing or designing comprehensive educational
facilities plans;
(5) Recommending priority funding from the school building authority based on identified needs;
(6) Requesting special staff development programs from the
center for professional development, the principals academy, higher
education, regional educational service agencies and county boards
based on identified needs;
(7) Submitting requests to the Legislature for appropriations
to meet the identified needs for improving education;
(8) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with
increased enrollment are appropriately reflected and recommended
for funding;
(10) Ensuring that the appropriate person or entity is held
accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the
state and local level to assist the school or school system in
achieving the standards and alleviating the deficiencies.
§18-2E-5c. Process for improving education council established;
membership; expenses; meetings; powers.
(a) Process for improving education council. -- There is
hereby established the process for improving education council for
the purpose of providing opportunities for consultation among state
policy leaders on the process for improving education, including,
but not limited to, determination of the things that students should know and be able to do as the result of a thorough and
efficient education, the performance and progress of students
toward meeting the high quality standards established by the state
board, and any further improvements necessary to increase the
capacity of schools and school systems to deliver a thorough and
efficient education.
(b) Council membership. -- The legislative oversight
commission on education accountability, together with the governor,
ex officio, or the governor's designee, and the chancellor of the
higher education policy commission, ex officio, or the chancellor's
designee, comprise the process for improving education council. Ex
officio members are entitled to vote. The governor or the
governor's designee shall convene the council, as appropriate, and
shall serve as chair. The council may meet at any time at the call
of the governor or the governor's designee.
(c) Compensation. -- Members of the council shall serve
without compensation, but shall be reimbursed as provided by law by
their respective agencies for all reasonable and necessary expenses
actually incurred in the performance of their official duties under
this section upon presentation of an itemized sworn statement of
their expenses.
(d) Powers of the council. --
The council has the following powers:
(1) To meet and consult with the state board, or their designees, and make recommendations on issues related to student,
school and school system performance. The following steps are part
of the consultation process:
(A) The state board shall notify each member of the council
whenever the state board proposes to amend its rules on any of the
following issues:
(i) High quality education standards and efficiency standards
established pursuant to section five of this article;
(ii) Indicators of efficiency established pursuant to section
five of this article; and
(iii) Assessment and accountability of school and school
system performance and processes established pursuant to section
five of this article.
(B) The notice to be given pursuant to paragraph (A) of this
subdivision shall contain a summary and explanation of the proposed
changes, including a draft of the proposal when available, and
shall be sent at least fifteen days prior to filing the proposal
with the secretary of state for public comment.
(B) (C) If the governor, or the governor's designee, believes
it is necessary for the council to meet and consult with the state
board, or its designees, on changes proposed to any of the issues
outlined in subdivision (1) of this subsection, he or she may
convene a meeting of the council.
(C) (D) If both the president of the Senate and the speaker of the House of Delegates believe it is necessary for the council to
meet and consult with the state board, or its designees, they shall
notify the governor who shall convene a meeting of the council.
(D) (E) If the chancellor, or the chancellor's designee,
believes that it is necessary for the council to meet and consult
with the state board, or its designees, he or she may request the
governor to convene a meeting of the council.
(2) To require the state board, or its designees, to meet with
the council to consult on issues that lie within the scope of the
council's jurisdiction;
(3) To participate as observers in any on-site review of a
school or school system conducted by the office of education
performance audits; and
(4) To authorize any employee of the agencies represented by
council members to participate as observers in any on-site review
of a school or school system conducted by the office of education
performance audits.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2025 West Virginia Legislature **
