ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4001
(By Mr, Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed March 13, 2004; in effect July 1, 2004.]
AN ACT
to amend and reenact §18-2E-5 and §18-2E-5c of the code of
West Virginia, 1931, as amended; to amend and reenact §18-5-
15f of said code; to amend said code by adding thereto a new
section, designated section §18-5-46; to amend and reenact
§18-20-5 of said code; to amend and reenact §18A-2-12 of said
code; to amend said code by adding thereto a new section,
designated §18A-2-12a; and to amend and reenact §18A-5-1 and
§18A-5-1a, all relating to the process for improving education
and removing impediments to improving performance and
progress; making technical references, grammatical corrections
and stylistic changes; refocusing school and county
improvement plans; requiring unified school improvement plan
boilerplate; adding requirement for standards; revising
performance measures and specifying their use; modifying
requirements for assessments; adding indicators of exemplary performance and progress; specifying use of efficiency
indicators; reorienting system of education performance
audits; changing policy for making on-site reviews of schools
and school systems; modifying who office of education
performance audits reports to; modifying salary cap for office
director; revising and adding items specified for compliance
documentation on checklist format; modifying process for
selection of schools and school systems for on-site review;
open meetings exemption for state board during certain
discussions; modifying limitation in scope of on-site review;
modifying persons to be included in an on-site review;
expanding on-site exit conferences and specifying purpose;
modifying time limitations for on-site review reports; making
certain findings and excluding certain areas from review by
performance audits; further specifying conditions for student
transfers from seriously impaired schools; granting certain
authority for real estate transactions to state board during
state intervention; clarifying rights of principal removed
from seriously impaired school; specifying certain notice
requirements by state board to process for improving education
council; recording suspensions and expulsions on the West
Virginia education information system; prohibiting a teacher
from being required to change grade; exception; limiting state
rules, policies and standards for exceptional children programs to federal requirements and directing report of
review and comparison of laws to legislative oversight
commission; restricting publication of lesson plans; setting
forth general statement on relations between county boards and
school personnel; and placing sole responsibility for proper
student discipline with county boards and requiring county
board policies.
Be it enacted by the Legislature of West Virginia:
That §18-2E-5 and §18-2E-5c of the code of West Virginia,
1931, as amended, be amended and reenacted; that §18-5-15f be
amended and reenacted; that said code be amended by adding thereto
a new section, designated section §18-5-46; that §18-20-5 of said
code be amended and reenacted; that §18A-2-12 of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §18A-2-12a; and that §18A-5-1 and §18A-5-
1a be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
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. -- The
Legislature makes the following findings with respect to the process for improving education and its purpose and intent in the
enactment of this section:
(1) 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) 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) 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) In consideration of these findings, 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 the high quality
standards are, at a minimum, being met and that a thorough and
efficient system of schools is being provided for all West Virginia
public school students on an equal education opportunity basis.
(5) The intent of the Legislature in enacting this section and
of 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 the performance and progress of students, schools and school systems and, when
necessary, to 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 a rule consistent with the provisions of
this section and 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. Each
respective plan shall be a five-year plan that includes the mission
and goals of the school or school system to improve student, school
or school system performance and progress, as applicable. The plan
shall be revised annually in each area in which the school or
system is below the standard on the annual performance measures.
The revised annual plan also shall identify any deficiency which is
reported on the check lists identified in paragraph (G),
subdivision (5), subsection (j) of this section including any
deficit more than a casual deficit by the county board. The plan
shall be revised when required pursuant to this section to include
each annual performance measure upon which the school or school
system fails to meet the standard for performance and progress, the
action to be taken to meet each measure, a separate time line and a date certain for meeting each measure, 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 annual performance
measure.
The department shall make available on and after the first day
of July, two thousand four, 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 and satisfies all
improvement plan requirements of the No Child Left Behind Act.
(c)
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.
(d)
Annual performance measures. - The standards shall
include annual measures of student, school and school system
performance and progress. The following annual measures of student,
school and school system performance and progress shall be the only
measures for determining school accreditation and school system
approval:
(1) The acquisition of student proficiencies as indicated by
student performance and progress in grades three through eight,
inclusive, and grade ten shall be measured by a uniform statewide
assessment program. The indicators for student progress in reading
and mathematics in grades kindergarten through second grade shall be measured by the informal assessment established the West
Virginia department of education or other assessments, as
determined by the school curriculum team. If the school fails to
meet adequate yearly progress in reading or mathematics for two
consecutive years, the county superintendent, the school principal
and the school curriculum team shall decide whether a different
assessment should be used to verify that benchmarks are being met.
If the county superintendent, the school principal and the school
curriculum team differ on what assessment is used, then each entity
shall have one vote. Furthermore, the state board may require that
student proficiencies be measured through the West Virginia writing
assessment at any of the grades that are determined by the state
board to be appropriate. It is the intent of the Legislature that
in the future a grade eleven uniform statewide assessment be
administered in lieu of the grade ten uniform statewide assessment.
The state board shall perform an analysis of the costs and the
benefits of administering the grade eleven uniform statewide
assessment in lieu of the grade ten uniform statewide assessment.
The analysis also shall include reviewing the need for end of
course exams in grades nine through twelve. The state board shall
report the results of the analysis to the legislative oversight
commission on education accountability prior to the first day of
November, two thousand four. The state board may provide other
testing or assessment instruments applicable to grade levels kindergarten through grade twelve through the statewide assessment
program for the optional use by each school as determined by the
school curriculum team to measure student performance and progress;
(2) Only for schools that do not include grade twelve, the
school attendance rate which shall be no less than ninety percent
in attendance. The following absences shall be excluded:
(A) Student absences excused in accordance with the state
board rule promulgated pursuant to section four, article eight of
this chapter;
(B) Students not in attendance due to disciplinary measures;
and
(C) Absent students for whom the attendance director has
pursued judicial remedies to compel attendance to the extent of his
or her authority; and
(3) The high school graduation rate which shall be no less
than eighty percent, or if the high school graduation rate is less
than eighty percent, the high school graduation rate shall be
higher than the high school graduation rate of the preceding year
as determined from information on the West Virginia education
information system on the fifteenth day of August.
(e)
Indicators of exemplary performance and progress. - The
standards shall include indicators of exemplary student, school and
school system performance and progress. The indicators of
exemplary student, school and school system performance and progress shall be used only as indicators for determining whether
accredited and approved schools and school systems should be
granted exemplary status. These indicators shall include, but are
not limited to, the following:
(1) The percentage of graduates who declare their intent to
enroll in college and other post-secondary education and training
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.
(f)
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 use by the appropriate divisions
within the department to ensure efficient management and use of
resources in the public schools 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.
(g)
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 annual measures of student, school and
school system performance and progress. The system of education
performance audits shall provide information to the state board,
the Legislature and the governor, both individually and
collectively as the process for improving education council, upon
which they may judge whether 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 based on the annual measures set forth in
subsection (d) of this section;
(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 on-site review of the processes in place in schools
and school systems to enable school and school system performance
and progress and compliance with the standards.
(h)
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.
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.
(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.
(j)
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, the state board shall establish an office of
education performance audits consistent with the provisions of this
section. The office of education performance audits 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 and the process for improving education council created in
section five-c of this article 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 annual salary of the director
shall be set by the state board and may not exceed eighty percent
of the salary cap 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 shall
retain their benefits 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 used as annual performance measures 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; 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 state
board, and recommend to 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 of schools and school systems to meet the standards established by the state board, 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 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, the following:
(i) The use of a policy for the evaluation of all school
personnel that meets the requirements of sections twelve and
twelve-a, article two, chapter eighteen-a of this code;
(ii) The participation of students in appropriate physical
assessments as determined by the state board, which assessment may
not be used as a part of the assessment and accountability system;
(iii) The appropriate licensure of school personnel; and
(iv) The school provides multi-cultural activities.
Information contained in the reporting formats shall be
subject to examination during an on-site review to determine
compliance with laws, policies and standards. Intentional and
grossly negligent reporting of false information are grounds for
dismissal.
(k) On-site reviews. --
(1) The system of education performance audits shall include
on-site reviews of schools and school systems which shall be
conducted only at the specific direction of the state board upon
its determination that the performance and progress of the school
or school system are persistently below standard or that other
circumstances exist that warrant an on-site review.
Any discussion
by the state board of schools to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in
executive session, and is not subject to the provisions of article
nine-a, chapter six of this code, relating to open governmental
proceedings.
An on-site review shall be conducted by the office of
education performance audits of a school or school system for the
purpose of investigating the reasons for performance and progress
that are persistently below standard and making recommendations to
the school and school system, as appropriate, and to the state
board on such measures as it considers necessary to improve
performance and progress to meet the standard. The investigation
may include, but is not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Examining compliance with the laws and policies affecting
student, school and school system performance and progress;
(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 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 it mandate more stringent
compliance measures.
(2) The director of the office of education performance
audits 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 if the
state board believes circumstances warrant an unannounced on-site
review.
(3) The office of education performance audits shall conduct
on-site reviews which are limited in scope to specific areas in
which performance and progress are persistently below standard as
determined by the state board unless specifically directed by the
state board to conduct a review which covers additional areas.
(4) An on-site review of a school or school system shall
include a person or persons from the department of education or a
public education agency in the state who has expert knowledge and
experience in the area or areas to be reviewed, and who has been
trained and designated by the state board to perform such
functions. If the size of the school or school system and issues
being reviewed necessitate 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 shall be the team
leaders.
The persons designated by the state board 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 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
curriculum team of the school and the superintendent shall be
provided the opportunity to be present. The purpose of the exit
conference is to review the initial findings of the on-site review,
clarify and correct any inaccuracies and allow the opportunity for
dialogue between the reviewers and the school or school system to
promote a better understanding of the findings.
(7) The office of education performance audits shall report
the findings of an on-site review 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 shall report the findings of the
on-site review to the state board within forty-five days after the
conclusion of the on-site review. A copy of the report shall be
provided to the process for improving education council at its
request.
(8) The Legislature finds that the accountability and
oversight of the following activities and programmatic areas in the
public schools is controlled through other mechanisms and that
additional accountability and oversight are not only unnecessary
but counter productive in distracting necessary resources from teaching and learning. Therefore, notwithstanding any other
provision of this section to the contrary, the following activities
and programmatic areas are not subject to review by the office of
education performance audits:
(A) Work-based learning;
(B) Use of advisory councils;
(C) Program accreditation and student credentials;
(D) Student transition plans;
(E) Graduate assessment form;
(F) Casual deficit;
(G) Accounting practices;
(H) Transportation services;
(I) Special education services;
(J) Safe, healthy and accessible facilities;
(K) Health services;
(L) Attendance director;
(M) Business/community partnerships;
(N) Pupil-teacher ratio/split grade classes;
(O) Local school improvement council, faculty senate, student
assistance team and curriculum team;
(P) Planning and lunch periods;
(Q) Skill improvement program;
(R) Certificate of proficiency;
(S) Training of county board members;
(T) Excellence in job performance;
(U) Staff development; and
(V) Preventive discipline, character education and student and
parental involvement.
(l) 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 meet or exceed the standards
adopted by the state board pursuant to subsection (d) of this
section and it does not have any deficiencies which would endanger
student health or safety or other extraordinary circumstances as
defined by the state board. A school that meets or exceeds the
performance and progress standards but has the other deficiencies
shall remain on full accreditation status for 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 school's performance and progress are 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 in accordance with
subsection (b) of this section to increase the performance and
progress of the school to a full accreditation status level. 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 are below the
level required for full accreditation, but the school's unified
improvement plan meets the following criteria:
(A) The plan has been revised to improve performance and
progress on the standard or standards by a date or dates certain;
(B) The plan has been approved by the state board; and
(C) 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 meet or exceed the
standards adopted by the state board pursuant to subsections (d)
and (e) of this section. 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 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 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 eligible for all
positions in the county, including teaching positions, for which
the principal is certified, by either being placed on the transfer
list in accordance with section seven, article two, chapter
eighteen-a of this code, or by being placed on the preferred recall
list in accordance with section seven-a, article four, chapter
eighteen-a of this code; 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.
(m) 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.
(n) 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
schools have all been given full, temporary or conditional
accreditation status and which does not have any deficiencies which
would endanger student health or safety or other extraordinary
circumstances as defined by the state board. A fully approved
school system in which such other deficiencies are discovered shall
remain on full accreditation status for 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 in
accordance with subsection (b) of this section to increase the
performance and progress of the school system to a full approval status level. 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 in accordance with subsection
(b) of this section;
(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;
(iv) Functioning in lieu of the county board of education in
a transfer, sale, purchase or other transaction regarding real
property; and
(v) 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;
(o) 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 (n) 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.
(p) 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) 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.
(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.
(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.
(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.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-15f. Affirmation regarding the suspension or expulsion of a
pupil from school.
(a) Prior to the admission of a pupil to any public school in
West Virginia, the county superintendent shall require the pupil's
parent(s), guardian(s) or custodian(s) to provide, upon
registration, a sworn statement or affirmation indicating whether
the student is, at the time, under suspension or expulsion from
attendance at a private or public school in West Virginia or
another state. Any person willfully making a materially false
statement or affirmation shall be guilty of a misdemeanor and, upon
conviction, the penalty shall be the same as provided for "false
swearing" pursuant to section three, article five, chapter
sixty-one of this code.
(b) Prior to the admission of a pupil to any public school, the principal of that school or his or her designee shall consult
the uniform integrated regional computer information system
(commonly known as the West Virginia Education Information System)
described in subsection (f), section twenty-six, article two,
chapter eighteen of this code, to determine whether the pupil
requesting admission is, at the time of the request for admission,
serving a suspension or expulsion from another public school in
West Virginia.
(c) The state board of education shall provide for the West
Virginia Education Information System to disallow the recording of
the enrollment of any pupil who is, at the time of attempted
enrollment, serving a suspension or expulsion from another public
school in West Virginia, and for that system to notify the user who
has attempted to record such enrollment that the pupil may not be
enrolled, and to notify that user of the reason therefor.
(d) Notwithstanding any other provision of this code to the
contrary, any pupil who has been suspended or expelled from school
pursuant to section one-a, article five, chapter eighteen-a of this
code, or who has been suspended or expelled from a public or
private school in another state, due to actions described in
section one-a, article five, chapter eighteen-a of this code, may
not be admitted to any public school within the state of West
Virginia until the period of suspension or expulsion has expired.
§18-5-46. Requiring teacher to change grade prohibited.
No teacher may be required by a principal nor any other person
to change a student's grade on either an individual assignment or
a report card unless there is clear and convincing evidence that
there was a mathematical error in calculating the student's grade.
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-5. Powers and duties of state superintendent.
The state superintendent of schools shall organize, promote,
administer and be responsible for:
(1) Stimulating and assisting county boards of education in
establishing, organizing and maintaining special schools, classes,
regular class programs, home-teaching and visiting-teacher
services.
(2) Cooperating with all other public and private agencies
engaged in relieving, caring for, curing, educating and
rehabilitating exceptional children, and in helping coordinate the
services of such agencies.
(3) Preparing the necessary rules, policies, formula for
distribution of available appropriated funds, reporting forms and
procedures necessary to define minimum standards in providing
suitable facilities for education of exceptional children and
ensuring the employment, certification and approval of qualified
teachers and therapists subject to approval by the state board of
education: Provided, That no state rule, policy or standard under
this article nor any county board rule, policy or standard governing special education may exceed the requirements of federal
law or regulation. The state superintendent shall conduct a
comprehensive review and comparison of the rules, policies and
standards of the state with federal law and report the findings to
the legislative oversight commission on education accountability at
its July, two thousand four interim meeting or as soon thereafter
as requested by the commission.
(4) Receiving from county boards of education their
applications, annual reports and claims for reimbursement from such
moneys as are appropriated by the Legislature, auditing such claims
and preparing vouchers to reimburse said counties the amounts
reimbursable to them.
(5) Assuring that all exceptional children in the state,
including children in mental health facilities, residential
institutions, private schools and correctional facilities as
provided in section thirteen-f, article two of this chapter receive
an education in accordance with state and federal laws: Provided,
That the state superintendent shall also assure that adults in
correctional facilities and regional jails shall receive an
education to the extent funds are provided therefor.
(6) Performing such other duties and assuming such other
responsibilities in connection with this program as may be needed.
(7) Receive the county plan for integrated classroom submitted
by the county boards of education and submit a state plan, approved by the state board of education, to the legislative oversight
commission on education accountability no later than the first day
of December, one thousand nine hundred ninety-five.
Nothing herein contained shall be construed to prevent any
county board of education from establishing and maintaining special
schools, classes, regular class programs, home-teaching or
visiting-teacher services out of funds available from local
revenue.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-12. Performance evaluations of school personnel;
professional personnel evaluation process.
(a) The state board of education shall adopt a written system
for the evaluation of the employment performance of personnel,
which system shall be applied uniformly by county boards of
education in the evaluation of the employment performance of
personnel employed by the board.
(b) The system adopted by the state board of education for
evaluating the employment performance of professional personnel
shall be in accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel",
"professional" or "professionals", means professional personnel as
defined in section one, article one of this chapter.
(d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall
consult with the professional development project of the center for
professional development created in section three, article three-a
of this chapter. The center shall participate actively with the
state board in developing written standards for evaluation which
clearly specify satisfactory performance and the criteria to be
used to determine whether the performance of each professional
meets such standards.
(e) The performance evaluation system shall contain, but shall
not be limited to, the following information:
(1) The professional personnel positions to be evaluated,
whether they be teachers, substitute teachers, administrators,
principals, or others;
(2) The frequency and duration of the evaluations, which shall
be on a regular basis and of such frequency and duration as to
insure the collection of a sufficient amount of data from which
reliable conclusions and findings may be drawn: Provided, That for
school personnel with five or more years of experience, who have
not received an unsatisfactory rating, evaluations shall be
conducted no more than once every three years unless the principal
determines an evaluation for a particular school employee is needed
more frequently: Provided, however, That a classroom teacher may
exercise the option of being evaluated at more frequent intervals;
(3) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of
the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for
individual professionals;
(C) Serve as documentation for a dismissal on the grounds of
unsatisfactory performance; and
(D) Serve as a basis for programs to increase the professional
growth and development of professional personnel;
(4) The standards for satisfactory performance for
professional personnel and the criteria to be used to determine
whether the performance of each professional meets such standards
and other criteria for evaluation for each professional position
evaluated. Effective the first day of July, two thousand three and
thereafter, professional personnel, as appropriate, shall
demonstrate competency in the knowledge and implementation of the
technology standards adopted by the state board. If a professional
fails to demonstrate competency, in the knowledge and
implementation of these standards, he or she will be subject to an
improvement plan to correct the deficiencies; and
(5) Provisions for a written improvement plan, which shall be
specific as to what improvements, if any, are needed in the
performance of the professional and shall clearly set forth
recommendations for improvements, including recommendations for
additional education and training during the professional's recertification process.
(f) A professional whose performance is considered to be
unsatisfactory shall be given notice of deficiencies. A
remediation plan to correct deficiencies shall be developed by the
employing county board of education and the professional. The
professional shall be given a reasonable period of time for
remediation of the deficiencies and shall receive a statement of
the resources and assistance available for the purposes of
correcting the deficiencies.
(g) No person may evaluate professional personnel for the
purposes of this section unless the person has an administrative
certificate issued by the state superintendent and has successfully
completed education and training in evaluation skills through the
center for professional development, or equivalent education
training approved by the state board, which will enable the person
to make fair, professional, and credible evaluations of the
personnel whom the person is responsible for evaluating. After the
first day of July, one thousand nine hundred ninety-four, no person
may be issued an administrative certificate or have an
administrative certificate renewed unless the state board
determines that the person has successfully completed education and
training in evaluation skills through the center for professional
development, or equivalent education and training approved by the
state board.
(h) Any professional whose performance evaluation includes a
written improvement plan shall be given an opportunity to improve
his or her performance through the implementation of the plan. If
the next performance evaluation shows that the professional is now
performing satisfactorily, no further action may be taken
concerning the original performance evaluation. If the evaluation
shows that the professional is still not performing satisfactorily,
the evaluator either shall make additional recommendations for
improvement or may recommend the dismissal of the professional in
accordance with the provisions of section eight of this article.
(i) Lesson plans are intended to serve as a daily guide for
teachers and substitutes for the orderly presentation of the
curriculum. Lesson plans may not be used as a substitute for
observations by an administrator in the performance evaluation
process. A classroom teacher, as defined in section one, article
one of this chapter, may not be required to post his or her lesson
plans on the internet or otherwise make them available to students
and parents nor to include in his or her lesson plans any of the
following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction; and
(j) The Legislature finds that classroom teachers must be free
of unnecessary paper work so that they can focus their time on
instruction. Therefore, classroom teachers may not be required to
keep records or logs of routine contacts with parents or guardians.
(k) Nothing in this section may be construed to prohibit
classroom teachers from voluntarily posting material on the
internet.
§18A-2-12a. Statement of policy and practice for the county boards
and school personnel to minimize possible disagreement and
misunderstanding.
(a) The Legislature makes the following findings:
(1) The effective and efficient operation of the public
schools depends upon the development of harmonious and cooperative
relationships between county boards and school personnel;
(2) Each group has a fundamental role to perform in the
educational program and each has certain separate, distinct and
clearly defined areas of responsibility as provided in chapters
eighteen and eighteen-a of this code; and
(3) There are instances, particularly involving questions of
wages, salaries and conditions of work, that are subject to
disagreement and misunderstanding and may not be so clearly set
forth.
(b) The purpose of this section is to establish a statement of policy and practice for the county boards and school personnel, as
follows, in order to minimize possible disagreement and
misunderstanding:
(1) County boards, subject to the provisions of this chapter,
chapter eighteen of this code and the policies and rules of the
state board, are responsible for the management of the schools
within their respective counties. The powers and responsibilities
of county boards in setting policy and in providing for such
management are broad, but not absolute;
(2) The school personnel share the responsibility for putting
into effect the policies and practices approved by the county board
that employs them and the school personnel also have certain rights
and responsibilities as provided in statute, in their contract;
(3) School personnel are entitled to meet together, form
associations and work in concert to improve their circumstances and
the circumstances of the schools;
(4) County boards and school personnel can most effectively
discharge their total responsibilities to the public and to each
other by establishing clear and open lines of communication.
School personnel should be encouraged to make suggestions,
proposals and recommendations through appropriate channels to the
county board. Decisions of the county board concerning the
suggestions, proposals and recommendations should be communicated
to the school personnel clearly and openly;
(5) Official meetings of county boards are public meetings.
School personnel are free to attend the meetings without fear of
reprisal and should be encouraged to attend;
(6) All school personnel are entitled to know how well they
are fulfilling their responsibilities and should be offered the
opportunity of an open and honest evaluation of their performance
on a regular basis and in accordance with the provisions of section
twelve of this article. All school personnel are entitled to an
opportunity to improve their job performance prior to the
termination or transfer of their services. Decisions concerning
the promotion, demotion, transfer or termination of employment of
school personnel, other than those for lack of need or governed by
specific statutory provisions unrelated to performance, should be
based upon such evaluations, and not upon factors extraneous
thereto. All school personnel are entitled to due process in
matters affecting their employment, transfer, demotion or
promotion; and
(7) All official and enforceable personnel policies of a
county board must be written and made available to its employees.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-1. Authority of teachers and other school personnel;
exclusion of pupils having infectious diseases; suspension or
expulsion of disorderly pupils; corporal punishment abolished.
(a) The teacher shall stand in the place of the parent(s), guardian(s) or custodian(s) in exercising authority over the school
and shall have control of all pupils enrolled in the school from
the time they reach the school until they have returned to their
respective homes, except that where transportation of pupils is
provided, the driver in charge of the school bus or other mode of
transportation shall exercise such authority and control over the
children while they are in transit to and from the school.
(b) Subject to the rules of the state board of education, the
teacher shall exclude from the school any pupil or pupils known to
have or suspected of having any infectious disease, or any pupil or
pupils who have been exposed to such disease, and shall immediately
notify the proper health officer or medical inspector of such
exclusion. Any pupil so excluded shall not be readmitted to the
school until such pupil has complied with all the requirements of
the rules governing such cases or has presented a certificate of
health signed by the medical inspector or other proper health
officer.
(c) The teacher shall have authority to exclude from his or
her classroom or school bus any pupil who is guilty of disorderly
conduct; who in any manner interferes with an orderly educational
process; who threatens, abuses or otherwise intimidates or attempts
to intimidate a school employee or a pupil; or who willfully
disobeys a school employee; or who uses abusive or profane language
directed at a school employee. Any pupil excluded shall be placed under the control of the principal of the school or a designee.
The excluded pupil may be admitted to the classroom or school bus
only when the principal, or a designee, provides written
certification to the teacher that the pupil may be readmitted and
specifies the specific type of disciplinary action, if any, which
was taken. If the principal finds that disciplinary action is
warranted, he or she shall provide written and, if possible,
telephonic notice of such action to the parent(s), guardian(s) or
custodian(s). When a teacher excludes the same pupil from his or
her classroom or from a school bus three times in one school year,
and after exhausting all reasonable methods of classroom discipline
provided in the school discipline plan, the pupil may be readmitted
to the teacher's classroom only after the principal, teacher and,
if possible, the parent(s), guardian(s) or custodian(s) of the
pupil have held a conference to discuss the pupil's disruptive
behavior patterns, and the teacher and the principal agree on a
course of discipline for the pupil and inform the parent(s),
guardian(s) or custodian(s) of the course of action. Thereafter,
if the pupil's disruptive behavior persists, upon the teacher's
request, the principal may, to the extent feasible, transfer the
pupil to another setting.
(d) The Legislature finds that suspension from school is not
appropriate solely for a pupil's failure to attend class.
Therefore, no pupil may be suspended from school solely for not attending class. Other methods of discipline may be used for the
pupil which may include, but are not limited to, detention, extra
class time or alternative class settings.
(e) Corporal punishment of any pupil by a school employee is
prohibited.
(f) Each county board is soley responsible for the
administration of proper discipline in the public schools of the
county and shall adopt policies consistent with the provisions of
this section to govern disciplinary actions. These policies shall
encourage the use of alternatives to corporal punishment, providing
for the training of school personnel in alternatives to corporal
punishment and for the involvement of parent(s), guardian(s) or
custodian(s) in the maintenance of school discipline. The county
boards of education shall provide for the immediate incorporation
and implementation in the schools of a preventive discipline
program which may include the responsible student program and a
student involvement program which may include the peer mediation
program, devised by the West Virginia board of education. Each
board may modify such programs to meet the particular needs of the
county. The county boards shall provide in-service training for
teachers and principals relating to assertive discipline procedures
and conflict resolution. The county boards of education may also
establish cooperatives with private entities to provide middle
educational programs which may include programs focusing on developing individual coping skills, conflict resolution, anger
control, self-esteem issues, stress management and decision making
for students and any other program related to preventive
discipline.
(g) For the purpose of this section: (1) "Pupil or student"
shall include any child, youth or adult who is enrolled in any
instructional program or activity conducted under board
authorization and within the facilities of or in connection with
any program under public school direction: Provided, That, in the
case of adults, the pupil-teacher relationship shall terminate when
the pupil leaves the school or other place of instruction or
activity; and (2) "teacher" shall mean all professional educators
as defined in section one, article one of this chapter and shall
include the driver of a school bus or other mode of transportation.
(h) Teachers shall exercise such other authority and perform
such other duties as may be prescribed for them by law or by the
rules of the state board of education not inconsistent with the
provisions of this chapter and chapter eighteen of this code.
§18A-5-1a. Possessing deadly weapons on premises of educational
facilities; possessing a controlled substance on
premises of educational facilities; assaults and
batteries committed by pupils upon teachers or
other school personnel; temporary suspension,
hearing; procedure, notice and formal hearing; extended suspension; sale of narcotic; expulsion;
exception; alternative education.
(a) A principal shall suspend a pupil from school or from
transportation to or from the school on any school bus if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Violated the provisions of subsection (b), section fifteen, article
two, chapter sixty-one of this code; (ii) violated the provisions
of subsection (b), section eleven-a, article seven of said chapter;
or (iii) sold a narcotic drug, as defined in section one hundred
one, article one, chapter sixty-a of this code, on the premises of
an educational facility, at a school-sponsored function or on a
school bus. If a student has been suspended pursuant to this
subsection, the principal shall, within twenty-four hours, request
that the county superintendent recommend to the county board that
the student be expelled. Upon such a request by a principal, the
county superintendent shall recommend to the county board that the
student be expelled. Upon such recommendation, the county board
shall conduct a hearing in accordance with subsections (e), (f) and
(g) of this section to determine if the student committed the
alleged violation. If the county board finds that the student did
commit the alleged violation, the county board shall expel the
student.
(b) A principal shall suspend a pupil from school, or from transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Committed an act or engaged in conduct that would constitute a
felony under the laws of this state if committed by an adult; or
(ii) unlawfully possessed on the premises of an educational
facility or at a school-sponsored function a controlled substance
governed by the uniform controlled substances act as described in
chapter sixty-a of this code. If a student has been suspended
pursuant to this subsection, the principal may request that the
superintendent recommend to the county board that the student be
expelled. Upon such recommendation by the county superintendent,
the county board may hold a hearing in accordance with the
provisions of subsections (e), (f) and (g) of this section to
determine if the student committed the alleged violation. If the
county board finds that the student did commit the alleged
violation, the county board may expel the student.
(c) A principal may suspend a pupil from school, or
transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section: (i) Threatened
to injure, or in any manner injured, a pupil, teacher,
administrator or other school personnel; (ii) willfully disobeyed
a teacher; (iii) possessed alcohol in an educational facility, on school grounds, a school bus or at any school-sponsored function;
(iv) used profane language directed at a school employee or pupil;
(v) intentionally defaced any school property; (vi) participated in
any physical altercation with another person while under the
authority of school personnel; or (vii) habitually violated school
rules or policies. If a student has been suspended pursuant to
this subsection, the principal may request that the superintendent
recommend to the county board that the student be expelled. Upon
such recommendation by the county superintendent, the county board
may hold a hearing in accordance with the provisions of subsections
(e), (f) and (g) of this section to determine if the student
committed the alleged violation. If the county board finds that
the student did commit the alleged violation, the county board may
expel the student.
(d) The actions of any pupil which may be grounds for his or
her suspension or expulsion under the provisions of this section
shall be reported immediately to the principal of the school in
which the pupil is enrolled. If the principal determines that the
alleged actions of the pupil would be grounds for suspension, he or
she shall conduct an informal hearing for the pupil immediately
after the alleged actions have occurred. The hearing shall be held
before the pupil is suspended unless the principal believes that
the continued presence of the pupil in the school poses a
continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil shall be
suspended immediately and a hearing held as soon as practicable
after the suspension.
The pupil and his or her parent(s), guardian(s) or
custodian(s), as the case may be, shall be given telephonic notice,
if possible, of this informal hearing, which notice shall briefly
state the grounds for suspension.
At the commencement of the informal hearing, the principal
shall inquire of the pupil as to whether he or she admits or denies
the charges. If the pupil does not admit the charges, he or she
shall be given an explanation of the evidence possessed by the
principal and an opportunity to present his or her version of the
occurrence. At the conclusion of the hearing or upon the failure
of the noticed student to appear, the principal may suspend the
pupil for a maximum of ten school days, including the time prior to
the hearing, if any, for which the pupil has been excluded from
school.
The principal shall report any suspension the same day it has
been decided upon, in writing, to the parent(s), guardian(s) or
custodian(s) of the pupil by regular United States mail. The
suspension also shall be reported to the county superintendent and
to the faculty senate of the school at the next meeting after the
suspension.
(e) Prior to a hearing before the county board, the county board shall cause a written notice which states the charges and the
recommended disposition to be served upon the pupil and his or her
parent(s), guardian(s) or custodian(s), as the case may be. The
notice shall state clearly whether the board will attempt at
hearing to establish the student as a dangerous student, as defined
by section one, article one of this chapter. The notice also shall
include any evidence upon which the board will rely in asserting
its claim that the student is a dangerous student. The notice
shall set forth a date and time at which the hearing shall be held,
which date shall be within the ten-day period of suspension imposed
by the principal.
(f) The county board shall hold the scheduled hearing to
determine if the pupil should be reinstated or should or, under the
provisions of this section, must be expelled from school. If the
county board determines that the student should or must be expelled
from school, it may also determine whether the student is a
dangerous student pursuant to subsection (g) of this section. At
this, or any hearing before a county board conducted pursuant to
this section, the pupil may be represented by counsel, may call his
or her own witnesses to verify his or her version of the incident
and may confront and cross-examine witnesses supporting the charge
against him or her. Such a hearing shall be recorded by mechanical
means unless recorded by a certified court reporter. Any such
hearing may be postponed for good cause shown by the pupil but he or she shall remain under suspension until after the hearing. The
state board may adopt other supplementary rules of procedure to be
followed in these hearings. At the conclusion of the hearing the
county board shall either: (1) Order the pupil reinstated
immediately at the end of his or her initial suspension; (2)
suspend the pupil for a further designated number of days; or (3)
expel the pupil from the public schools of the county.
(g) A county board that did not intend prior to a hearing to
assert a dangerous student claim, that did not notify the student
prior to the hearing that such a determination would be considered
and that determines through the course of the hearing that the
student may be a dangerous student shall schedule a second hearing
within ten days to decide the issue. The hearing may be postponed
for good cause shown by the pupil, but he or she remains under
suspension until after the hearing.
A county board that expels a student, and finds that the
student is a dangerous student, may refuse to provide alternative
education. However, after a hearing conducted pursuant to this
section for determining whether a student is a dangerous student,
when the student is found to be a dangerous student, is expelled
and is denied alternative education, a hearing shall be conducted
within three months after the refusal by the board to provide
alternative education to reexamine whether or not the student
remains a dangerous student and whether the student shall be provided alternative education. Thereafter, a hearing for the
purpose of reexamining whether or not the student remains a
dangerous student and whether the student shall be provided
alternative education shall be conducted every three months for so
long as the student remains a dangerous student and is denied
alternative education. During the initial hearing, or in any
subsequent hearing, the board may consider the history of the
pupil's conduct as well as any improvements made subsequent to the
expulsion. If it is determined during any of the hearings that the
student is no longer a dangerous student or should be provided
alternative education, the student shall be provided alternative
education during the remainder of the expulsion period.
(h) The superintendent may apply to a circuit judge or
magistrate for authority to subpoena witnesses and documents, upon
his or her own initiative, in a proceeding related to a recommended
student expulsion or dangerous student determination, before a
county board conducted pursuant to the provisions of this section.
Upon the written request of any other party, the superintendent
shall apply to a circuit judge or magistrate for the authority to
subpoena witnesses, documents or both on behalf of the other party
in a proceeding related to a recommended student expulsion or
dangerous student determination before a county board. If the
authority to subpoena is granted, the superintendent shall subpoena
the witnesses, documents or both requested by the other party. Furthermore, if the authority to subpoena is granted, it shall be
exercised in accordance with the provisions of section one, article
five, chapter twenty-nine-a of this code.
Any hearing conducted pursuant to this subsection may be
postponed: (1) For good cause shown by the pupil; (2) when
proceedings to compel a subpoenaed witness to appear must be
instituted; or (3) when a delay in service of a subpoena hinders
either party's ability to provide sufficient notice to appear to a
witness. A pupil remains under suspension until after the hearing
in any case where a postponement occurs.
The county boards are directed to report the number of pupils
determined to be dangerous students to the state board of
education. The state board will compile the county boards'
statistics and shall report its findings to the legislative
oversight commission on education accountability.
(i) Pupils may be expelled pursuant to the provisions of this
section for a period not to exceed one school year, except that if
a pupil is determined to have violated the provisions of subsection
(a) of this section the pupil shall be expelled for a period of not
less than twelve consecutive months: Provided, That the county
superintendent may lessen the mandatory period of twelve
consecutive months for the expulsion of the pupil if the
circumstances of the pupil's case demonstrably warrant. Upon the
reduction of the period of expulsion, the county superintendent shall prepare a written statement setting forth the circumstances
of the pupil's case which warrant the reduction of the period of
expulsion. The county superintendent shall submit the statement to
the county board, the principal, the faculty senate and the local
school improvement council for the school from which the pupil was
expelled. The county superintendent may use the following factors
as guidelines in determining whether or not to reduce a mandatory
twelve-month expulsion:
(1) The extent of the pupil's malicious intent;
(2) The outcome of the pupil's misconduct;
(3) The pupil's past behavior history; and
(4) The likelihood of the pupil's repeated misconduct.
(j) In all hearings under this section, facts shall be found
by a preponderance of the evidence.
(k) For purposes of this section, nothing herein may be
construed to be in conflict with the federal provisions of the
Individuals with Disabilities Education Act of 1990 (PL 101-476).
(l) Each suspension or expulsion imposed upon a pupil under
the authority of this section shall be recorded in the uniform
integrated regional computer information system (commonly known as
the West Virginia Education Information System) described in
subsection (f), section twenty-six, article two, chapter eighteen
of this code.
(1) The principal of the school at which the pupil is enrolled shall create an electronic record within twenty-four hours of the
imposition of the suspension or expulsion.
(2) Each record of a suspension or expulsion shall include the
pupil's name and identification number, the reason for the
suspension or expulsion, and the beginning and ending dates of the
suspension or expulsion.
(3) The state board of education shall collect and disseminate
data so that any principal of a public school in West Virginia can
review the complete history of disciplinary actions taken by West
Virginia public schools against any pupil enrolled or seeking to
enroll at that principal's school. The purposes of this provision
are to allow every principal to fulfill his or her duty under
subsection (b), section fifteen-f, article five, chapter eighteen
of this code to determine whether a pupil requesting to enroll at
a public school in West Virginia is currently serving a suspension
or expulsion from another public school in West Virginia and to
allow principals to obtain general information about pupils'
disciplinary histories.
(m) Principals may exercise any other authority and perform
any other duties to discipline pupils consistent with state and
federal law, including policies of the state board of education.
(n) Each county board is solely responsible for the
administration of proper discipline in the public schools of the
county and shall adopt policies consistent with the provisions of this section to govern disciplinary actions.
Email
Webmaster | © 2024 West Virginia Legislature **
