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Engrossed Version House Bill 3196 History

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Key: Green = existing Code. Red = new code to be enacted


ENGROSSED

H. B. 3196


(By Delegates Renner, Sobonya, Long, Hartman,

Swartzmiller and SheltonSPONSOR)

(Originating inDATE the

Committee on EducationCOMMITTEE)


[February 26, 2003]


A BILL to amend and reenact section four, article two-e, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, two and ten, article four of said chapter; to amend and reenact sections one-a, four and fourteen, article five of said chapter; to further amend said article by adding thereto a new section, designated section one-d; and to amend and reenact section two, article five-a of said chapter, all relating to improving the administration and management of the public schools; providing for information on school report cards and flexibility in method of delivery to parents; clarifying appointment of county superintendent and changing latest date for appointment; clarifying status as teacher following term; permitting residence in contiguous county; replacing requirements for physical exam with tuberculin skin test; requiring certain reporting to board by superintendent on certain matters; removing service on certain boards in certain circumstances from limitation on service on county boards; providing for certain advisory opinions by ethics commission and specifying effect of reliance upon them by board members, members elect and persons seeking office; specifying additional training for board members and options for crediting time; requiring certain studies by county boards and providing for reports; authorizing boards to compensate members for service on certain boards within certain limits; clarify authority to meet in locations in county subject to proper notice; providing for alternate requirements for annual meeting with members of local school improvement councils and providing for structure and agenda providing for report forms; providing for information requests, additional meetings and consultations; allowing additional time for county report to state board; providing for annual review of certain county policies; limiting parent members of local school improvement councils who may be employed at the school; providing limit on time for filling council vacancies; providing for certain information to be provided to council at organizational meeting; providing for annual council meetings with county and submission of written information; and authorizing state board to solicit and contract for orientation training for council members.

Be it enacted by the Legislature of West Virginia:
That section four, article two-e, chapter eighteenEnacting Section of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections one, two and ten, article four of said chapter be amended and reenacted; that sections one-a, four and fourteen, article five of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section one-d; and that section two, article five-a of said chapter be amended and reenacted, all to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-4. Better schools accountability; school, school district and statewide school report cards.

(a) For the purpose of providing information to the parents of public school children and the general public on the quality of education in the public schools which is uniform and comparable between schools within and among the various school districts, the state board shall prepare forms for school, school district and statewide school report cards and shall promulgate rules concerning the collection and reporting of data and the preparation, printing and distribution of report cards under this section. The forms shall provide for brief, concise reporting in nontechnical language of required information. Any technical or explanatory material a county board wishes to include shall be contained in a separate appendix available to the general public upon request.
(b) The school report cards shall include information as shall be prescribed by lawfully promulgated rule by the state board to give the parents of students at the school and the general public an indication of the quality of education at the school and other programs supportive of community needs, including, but not limited to, the following:
(1) Indicators of student performance at the school in comparison with the county, state, regional and national student performance, as applicable, including student performance by grade level in the various subjects measured pursuant to a uniform statewide assessment program adopted by the state board; school attendance rates; the percent of students not promoted to next grade; and the graduation rate; and other annual information on the performance of students at the school as may be required by the state board;
(2) Indicators of school performance in comparison with the aggregate of all other schools in the county and the state, as applicable, including average class size; percent of enrollments in honors and advanced placement courses in high school mathematics, science, English and social science; amount of time per day devoted to mathematics, science, English and social science at middle, junior high and high school grade levels; percentage distribution of students by career cluster as indicated on the individualized student transition plan; pupil-teacher ratio; number of exceptions to pupil-teacher ratio requested by the county board and the number of exceptions granted; the number of split-grade classrooms; pupil-administrator ratio; operating expenditure per pupil; county expenditure by fund in graphic display; and the average degree classification and years of experience of the administrators and teachers at the school; and other information required to be reported as a condition for the receipt of federal funds;
(3) The names of the members of the local school improvement council, created pursuant to section two, article five-a of this chapter; and
(4) The name or names of the business partner or partners of the school.
In addition, every county board shall annually determine the number of administrators, classroom teachers and service personnel employed that exceeds the number allowed by the public school support plan and determine the amount of salary supplements that would be available per state authorized employee if all expenditures for the excess employees were converted to annual salaries for state authorized administrators, classroom teachers and service personnel within their county. The information shall be published annually in each school report card of each such county.
(c) The school district report card shall include the data for each school for each separately listed applicable indicator and the aggregate of the data for all schools, as applicable, in the county for each indicator. The statewide school report card shall include the data for each county for each separately listed indicator and the aggregate for all counties for each indicator. (d) The report cards shall be prepared using actual local school, county, state, regional and national data indicating the present performance of the school and shall also include the state norms and the upcoming year's targets for the school and the county board.
The state board shall provide technical assistance to each county board in preparing the school and school district report cards.
Each county board shall prepare report cards in accordance with the guidelines set forth in this section. The school district report cards shall be presented at a regular school board meeting subject to applicable notice requirements and shall be made available to a newspaper of general circulation serving the district. The school report cards shall be mailed directly provided to the parent or parents of any child enrolled in that school. In addition, each county board shall submit the completed report cards to the state board which shall make copies available to any person requesting them.
The report cards shall be completed and disseminated prior to the first day of January, one thousand nine hundred eighty-nine two thousand four, and in each year thereafter, and shall be based upon information for the current school year, or for the most recent school year for which the information is available, in which case the year shall be clearly footnoted.
(e) In addition to the requirements of subsection (c) of this section, the school district report card shall list: (1) The names of the members of the county board, the dates upon which their terms expire and whether they have attended an orientation program for new members approved by the state board and conducted by the West Virginia school board association or other approved organizations, and other school board member training programs; and (2) the names of the county school superintendent and every assistant and associate superintendent and any training programs related to their area of school administration approved by the state board in consultation with an organized association of school administrators, including county superintendents in its membership, which they have attended. The information shall also be reported by district in the statewide school report card.
(f) The state board shall develop and implement a separate report card for nontraditional public schools pursuant to the appropriate provisions of this section to the extent practicable.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.

§18-4-1. Election and term; interim superintendent.
(a) The superintendent shall be elected appointed by the board upon a majority vote of the members thereof 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 been elected appointed, each superintendent shall be eligible for reelection reappointment for additional terms of not less than one, nor more than four years: Provided, That at the expiration of his or her term or terms of service he the superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, shall be given the status of teacher in the system unless dismissed for statutory reasons. The appointment of the superintendent shall be made Such election shall be held on or before the first day of May and the persons so elected shall take office June for a term beginning on the first day of July following.
(b) A 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 board may appoint an interim superintendent to serve for a period not to exceed one hundred twenty days from the occurrence of the vacancy until the following first day of July.
(c) The president of the board, immediately upon the election appointment of the superintendent, or the appointment of an interim superintendent, shall certify the election or appointment to the state superintendent of schools.
(d) During his or her term of appointment, the superintendent must be a resident of the county, or of a contiguous county in this state
, which he or she serves. The superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.
§18-4-2. Qualifications; health certificate; disability; acting superintendent.

(a) Each superintendent shall hold a professional administrative certificate endorsed for superintendent, or a first class permit endorsed for superintendent: Provided, That a superintendent who holds a first class permit may be appointed for only one year, and may be reappointed two times for an additional year each upon an annual evaluation by the 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 any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education, has completed three successful years of teaching in public education and has the equivalent of three years of experience in management or supervision, upon employment by the county board of education, shall be granted a permanent administrative certificate and shall be a licensed county superintendent. 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) Before entering upon the discharge of his or her duties the superintendent shall file with the president of the 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 stating that a tuberculin skin test of the type Mantoux test (PPD skin test) approved by the director of the department of health has been made within the four months prior to the beginning of the superintendent's term and that based upon the test results and any further study, the superintendent does not have tuberculosis in a communicable stage. The superintendent shall thereafter 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 immediately referred to a physician for evaluation and indicated treatment or further studies. A superintendent found 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. A superintendent who, having taken office, thereafter has not had a required examination will be suspended from employment until a report of examination is confirmed.
(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.
§18-4-10. Duties.

The county superintendent shall:
(1) Act as the chief executive officer of the board as may be further delineated in his or her contract with the board, or any written agreement with the board, and execute under the direction of the state board all its educational policies;
(2) Nominate all personnel to be employed; in case the board of education refuses to employ any or all of the persons nominated, the superintendent shall nominate others and submit the same to the board of education at such time as the 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 board, and to recommend to the 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; Promptly report to the board in such manner as it directs, any school in the district at which student and school performance is below or at risk of falling below the standards established pursuant to section five, article two-e of this chapter and state board rule;
(5) Close temporarily a school 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 the secretary of the board and attend all meetings of the board or its committees, except when his or her tenure, salary or administration is under consideration;
(8) Administer oaths and examine under oath witnesses in any proceedings pertaining to the schools of the district, and have the testimony reduced to writing;
(9) Regularly apprize the board, by such means as the superintendent and the board shall agree, of issues that impact the board, the school district's schools, and the board's programs and initiatives. When practical, the reports shall include a broad array of data and information that the board may consult to aid it in making decisions;
(9) (10) Exercise all other authority granted by this chapter or required by the board or state board; and
(10) (11) Act in case of emergency as the best interests of the school demand: Provided, That an emergency as contemplated in this section shall be limited to an unforeseeable, catastrophic event including natural disaster or act of war: Provided, however, That nothing in this section shall be construed as granting the county superintendent authority to override any statutory or constitutional provision in the exercise of said emergency power except where such authority is specifically granted in the particular code section.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of Members; training requirements.
(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 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. :
Provided, That "office" or "committee" as used in this subsection and subsection (a) of this section, does not include service on any board, elected or appointed, profit or non profit, for which the person does not receive compensation and whose primary scope is not related to the public schools.
(c) A member or member elect of a county board, or a person desiring to become a member of a county board, may make a written request to the West Virginia ethics commission for an advisory opinion on whether another elected or appointed position held or sought by the person is an office or public office which would bar serving on the board pursuant to subsections (a) and (b) of this section. Within thirty days of receipt of the request, the ethics commission shall issue a written advisory opinion in response to the request and shall also publish such opinion in a manner which to the fullest extent possible does not reveal the identity of the person making the request. Any county board member who relied in good faith upon an advisory opinion issued by the West Virginia ethics commission that holding a particular office or public office is not a bar from membership on a county board of education and against whom proceedings are subsequently brought for removal from the county board on the basis of holding such office or offices shall be entitled to reimbursement by the county board for reasonable attorney's fees and court costs incurred by the member in defending against such proceedings, regardless of the outcome the proceedings. Further, no vote cast by the member at a meeting of the board shall be invalidated due to a subsequent finding that holding the particular office or public is a bar to membership on the county board. Good faith reliance on a written advisory opinion of the West Virginia ethics commission that a particular office or public office is not a bar to membership on a county board of education is an absolute defense to any civil suit or criminal prosecution arising from any proper action taken within the scope of membership on the board, becoming a member elect of the board or seeking election to the board.
(d) 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.
(e) No person elected to a county board after the first day of July, one thousand nine hundred ninety, shall assume the duties of 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 member or members to assume the duties of 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 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.
(f) Commencing on the effective date of this section, members shall annually receive seven clock hours of training in areas relating to boardsmanship, governance effectiveness, and school performance issues including, but not limited to, pertinent state and federal statutes such as the "Process for Improving Education" set forth in section five, article two-e of this chapter and the "No Child Left Behind Act" and their respective administrative rules. Such orientation and training shall be approved by the state board and conducted by the West Virginia school board association or other organization or organizations approved by the state board: Provided, That the state board may exclude time spent in training on school performance issues from the requisite seven hours herein required: Provided, however, That if the state board elects to exclude time spent in training on school performance issues from the requisite seven hours, such training shall be limited by the state board to a feasible and practicable amount of time. 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.
(g) 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. 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.
§18-5-1d. County boards to study and make recommendations on administration, management, compensation and evaluations of performance.

The county boards shall study the following matters. The boards may delegate the conducting of the study to their association or a committee of their members and shall broadly consult with associations and organizations representing teachers, school service personnel, principals, superintendents, central office administrators, and business and civic organizations in arriving at their findings and recommendations. The results of the study and any findings and recommendations shall be reported to the legislative oversight commission on education accountability during the legislative interim meetings in November, two thousand three, and to each county board as soon thereafter as practicable:
(1) The advantages and disadvantages of requiring the county superintendent to develop and recommend for board approval a detailed plan for the effective administration and management of the school system, including measurable objectives upon which the superintendent and board may evaluate their performance;
(2) The extent to which the detailed plan for the effective administration and management of the school system should include recommendations by the superintendent for the reassignment, transfer, and reduction in force of deputy, associate or assistant superintendents, general and special supervisors, coordinators or directors of instruction and other activities, and other administrators in offices, departments or divisions at locations other than a school, that the superintendent deems prudent to establish an administrative team that will further the school district's leadership and administrative objectives;
(3) The advantages and disadvantages of including within the compensation fixed by the board for the county superintendent a condition that whenever an act of the Legislature increasing the state minimum salary schedule for teachers becomes effective during the term of appointment, the annual salary of the superintendent will be increased by an amount equal to the increase that the superintendent would be due as a teacher as a result of the act based on the superintendent's classification of training and years of experience;
(4)
Methods whereby each board should annually assess its own performance, including, but not limited to, the board's effectiveness in dealing with its various constituents and the public, providing a proper framework and governance strategies necessary to continually monitor and improve student performance, and effectively utilizing a policy approach to governance; and
(5) Methods and criteria with which
the board should at least annually review the performance of the county superintendent for the purposes of evaluating performance and contract renewal issues, including, but not limited to, written goals and objectives for the superintendent to accomplish within a given period of time, an evaluation of the superintendent's management and administration for improving low performing schools, and the superintendent's performance in the areas of community relations, school finance, personnel relations, curricular standards and programs, and overall leadership of the school district to improve student, school and school system performance and progress.

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

(a) The 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 board fixes upon its records. At any meeting as authorized in this section and in compliance with the provisions of article four of this chapter, the board may employ qualified teachers, or those who will qualify by the time of entering upon their duties, necessary to fill existing or anticipated vacancies for the current or next ensuing school year. At a meeting of the board, on or before the first Monday of May, the superintendent shall furnish in writing to the 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) 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) In addition, a public hearing shall be held concerning the preliminary operating budget for the next fiscal year not less 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) A majority of the members constitutes the quorum necessary for the transaction of official business.
(e) 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 receive compensation for attending up to twelve meetings of the council at the same rate as for meetings of the board. Meetings of the council are not counted as board meetings for purposes of determining the limit on compensable board meetings.
(f) Unless contrary to any other law and with the approval of the county board, members appointed by the 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: Provided, That a board member may not receive pay for more than fifteen of such meetings in any one fiscal year.
(f) (g) Members shall also 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 board.
(g) (h) When, by a majority vote of its members, a county board considers it a matter of public interest, the 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 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.
(i) Nothing herein shall prohibit the board from conducting regular meetings in facilities within the county other than the county board office, subject to proper notice.

§18-5-14. Policies to promote school board effectiveness.
(a) 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 policies that:
(a) (1) Establish direct links between the board and its local school improvement councils, and between the board and its faculty senates, for the purpose of enabling the board to receive information, comments and suggestions directly from the councils and senates regarding the broad guidelines for oversight procedures, standards of accountability and planning for future needs required by this section; and to further development of these linkages, boards shall:
(A) Meet at least annually with the full membership at least a quorum of each of their schools' local school improvement councils, at a time and in a manner determined by the board: Provided, That the county board may develop a procedure for meeting with less than a quorum of each local school improvement council if:
(i) The school district serves more than twenty thousand students; or
(ii) The school district has more than twelve public schools; and For purposes of this provision, full membership is defined as at least a quorum of the members of each of the school improvement councils.
(B) Develop an agenda for the annual meeting with each local school improvement council which shall be provided to each local school improvement council at least thirty days prior to the annual meeting and which may require the chair of the local school improvement council, or another member designated by the chair, to address such items as the board may designate, including any of the following areas:
(i) School performance;

(ii) Curriculum; and

(iii) Whether the school is meeting the objectives of its unified school improvement plan;
(C) Develop forms for the local school improvement council to use in preparing written annual reports for the county board;
(D) As the board deems necessary, make written requests for information from the local school improvement council throughout the year or hold community forums to receive input from the affected community; and
(E) At the conclusion of the school year, each board shall Report to the state board, at the conclusion of the school year, but no later than the first day of the next instructional term each year, details concerning such meeting or meetings held with local school improvement councils, as specified herein, and such information shall become an indicator in the performance accreditation process for each county. To develop this report, county boards may consult with and request assistance from members of the local school improvement councils. Nothing herein shall prohibit boards from meeting with representatives of local school improvement councils. County boards may at any time, but with reasonable advance notice, schedule additional meetings with the local school improvement council for any low performing school: Provided, That at least one annual meeting is held, as specified herein.
(b) (2) Provide for the development of direct links between the board and the community at large; allow for community involvement at regular board meetings; and specify how the board will regularly communicate with the public regarding important issues;
(c) (3) Provide for the periodic review of personnel policies of the district in order to determine their effectiveness;
(d) (4) Set 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 required by this section; and
(e) (5) Use school-based accreditation and performance data provided by the state board and other available data in board decision making to meet the education goals of the state and such other goals as the board may establish.
(b) On or before the first day of August of each year, county school boards shall review the policies listed in subsection (a) of this section and may modify these policies as necessary.
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, 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 may more than one parent member of the council be then employed at that 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.
(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-exofficio 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 a vacancy in an elected membership, the chair of the council shall appoint another qualified person to serve the unexpired term of the person being replaced, or in the case of an appointed member of the council, the principal shall appoint a replacement as soon as practicable.
(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 principal shall provide each member with the following:
(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; and
(3) Any information as may be developed by the department of education on the operation and powers of local school improvement councils and their important role in improving student and school performance and progress.
(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 chair's 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) 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.
(i) The local school improvement council shall meet at least annually with the county board, in accordance with the provisions in section fourteen, article five of this chapter. At this annual meeting, the local school improvement chair, or another member designated by the chair, shall be prepared to address any matters as may be requested by the county board as specified in the meeting agenda provided to the council and may further provide any other information, comments or suggestions the local school improvement council wishes to bring to the county board's attention: Provided, That anything presented under this subsection shall be submitted to the county board in writing.
(e) (j) 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 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:
(1) Encourage the involvement of parent(s), guardian(s) or custodian(s) in their child's educational process 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 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) (k) 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 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 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) (l) 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 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) (m) 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 board of education or the policies of the county board of education.
(n) 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 may also solicit proposals from other parties or entities to provide orientation training for local school improvement council members and may enter into contracts or agreements for that purpose. Any such training must meet the guidelines established by the state board.
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