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
eighteenBill Title 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; 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.Title Language
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-b; 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 apprise 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.
(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 of
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 its 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 evaluate 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 of 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-ex-officio members shall serve one-year
terms.
(e) Council members may only be replaced upon death,
resignation, failure to appear at three consecutive meetings of the
council for which notice was given, or a change in personal
circumstances so that the person is no longer representative of the
class of members from which appointed. In the case of replacement,
an election shall be held to elect 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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