COMMITTEE SUBSTITUTE
FOR
H. B. 4001
(By Mr, Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on Education)
[February 13, 2004]
A BILL to repeal §18-2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5,
§18-2F-6, §18-2F-7, §18-2F-8 and §18-2F-9 of the code of West
Virginia, 1931, as amended; to repeal §18-20-7 of said code;
to amend and reenact §18-2E-5, §18-2E-5b and §18-2E-5c of said
code; to amend and reenact §18-20-5 of said code; to further
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; revising performance measures and specifying their use;
allowing optional use of certain assessments; specifying use
of efficiency indicators; reorienting system or education
performance audits; changing policy for making on-site reviews of schools and school systems; modifying provisions related to
office of education performance audits to comport with more
targeted use of performance measures and on-site reviews;
setting salary cap for office director at dollar amount;
revising and adding items specified for compliance
documentation on checklist format; expanding on-site exit
conferences and specifying purpose; 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; removing obsolete provisions for
review and report on system of performance audits; making
certain findings, listing code sections repealed and listing
policies for which the requirements or authorization to
promulgate are voided and state board is implored to repeal;
repealing incentives and results based scholarship; repealing
exceptional children compliance review teams; specifying
certain notice requirements by state board to process for
improving education council; 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; 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 §18-2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5, §18-2F-
6, §18-2F-7, §18-2F-8 and §18-2F-9 of the code of West Virginia,
1931, as amended, be repealed; that §18-20-7 of said code be
repealed; that §18-2E-5, §18-2E-5b and §18-2E-5c of said code be
amended and reenacted; that §18-20-5 of said code be amended and
reenacted; that said code be further 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
Legislature finds that the process for improving education includes four primary elements, these being:
(A) Standards which set forth the things that students should
know and be able to do as the result of a thorough and efficient
education including measurable criteria to evaluate student
performance and progress;
(B) Assessments of student performance and progress toward
meeting the standards;
(C) A system for holding schools and school systems
accountable for student performance and progress toward obtaining
a high quality education which is delivered in an efficient manner;
and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2)
The Legislature further finds that As the constitutional
body charged with the general supervision of schools as provided by
general law, the state board has the authority and the
responsibility to establish the standards, assess the performance
and progress of students against the standards, hold schools and
school systems accountable, and assist schools and school systems
to build capacity and improve efficiency so that the standards are
met, including, when necessary, seeking additional resources in
consultation with the Legislature and the governor.
(3)
The Legislature also finds that As the constitutional body charged with providing for a thorough and efficient system of
schools, the Legislature has the authority and the responsibility
to establish and be engaged constructively in the determination of
the things that students should know and be able to do as the
result of a thorough and efficient education. This determination
is made by using the process for improving education to determine
when school improvement is needed, by evaluating the results and
the efficiency of the system of schools, by ensuring
accountability, and by providing for the necessary capacity and its
efficient use.
(4)
Therefore, 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.
and
that the high quality standards are, at a minimum, being met.
(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
, when necessary, 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
rules 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 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. The
rules shall specify that the unified school improvement plan shall
include all appropriate plans required by law including, but not
limited to, the following:
(1) The report required to be delivered to the county-wide
council on productive and safe schools pursuant to subsection (f),
section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology
pursuant to 20 U.S.C. §6845, section seven, article two-e of this
chapter, state board policy or rule or any other county, state or
federal law;
(3) The strategic plan to manage the integration of special
needs students as required by section five, article five-a of this
chapter; and
(4) The school based improvement plan set forth in the
Elementary and Secondary Education Act pursuant to 29 U.S.C. §6301,
et seq.
The plans are required to be included only to the extent permitted by state and federal law.
(c)
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 assure
that all graduates are prepared for gainful employment or for
continuing post-secondary education and training and that schools
and school systems are making progress in achieving the education
goals of the state. The standards shall include
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 eleven measured by a uniform statewide
assessment program. 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 curriculum
team to measure student performance and progress;
(2) The school attendance rate which shall be no less than
ninety percent in attendance excluding student absences excused in
accordance with the state board rule promulgated pursuant to
section four, article eight of this chapter, students not in
attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to
compel attendance to the extent of his or her authority, and used
only for schools that do not include grade twelve; and
(3) The high school graduation rate which shall be no less
than eighty-five percent determined from information on the West
Virginia education information system on the fifteenth day of
August. and measures of school and school system performance,
progress and processes that enable student performance. The
measures of student performance and progress and school and school
system performance, progress and processes shall include, but are
not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance and progress by grade level measured, where
possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) The student dropout rate;
(4) The high school graduation rate;
(5) The percentage of graduates who enrolled in college and
the percentage of graduates who enrolled in other post-secondary
education within one year following high school graduation;
(6) The percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(7) The percentage of students who enrolled in and the
percentage of students who successfully completed advanced
placement, dual credit and honors classes, respectively, by grade
level.
(e) 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.
(e) (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
utilization of resources in the public schools student and school
system performance and processes in the following areas:
(1) Curriculum delivery including, but not limited to, the use
of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Utilization of regional educational service agency
programs and services, including programs and services that may be
established by their assigned regional educational service agency,
or other regional services that may be initiated between and among
participating county boards; and
(7) Any other indicators as determined by the state board.
(f) (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. standards and
measures of student, school and school system performance, progress and processes, including, but not limited to, the standards and
measures set forth in subsections (c) and (d) of this section. The
system of education performance audits shall
assist 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 in ensuring
that the standards and measures established pursuant to this
section are, at a minimum, being met and that a thorough and
efficient system of schools is being provided. The system of
education performance audits shall include:
(1) The assessment of student
, performance and progress,
school and school system performance and progress
based on the
annual measures set forth in subsection (d) of this section; , and
the processes in place in schools and school systems which enable
student performance and progress;
(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;
(2) (3) The review of school and school system unified
improvement plans; and
(3) (4) The
periodic 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
, which
reviews 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 other circumstances exist that warrant an on-site
review. For the purposes of this section, "persistently below
standard" means that performance and progress are below standard
for three consecutive years.
(g) (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.
Primary emphasis in determining school
accreditation and school system approval status is based on student performance and progress, school and school system performance and
progress and such other measures as selected by the state board.
The state board shall make accreditation information available
to the Legislature, the governor, the general public and to any
individuals who request the information, subject to the provisions
of any act or rule restricting the release of information.
(i) Early detection and intervention programs. -- Based on the
assessment of student, school and school system performance and
progress, the state board shall establish early detection and
intervention programs using the available resources of the
department of education, the regional educational service agencies,
the center for professional development and the principals academy,
as appropriate, to assist underachieving schools and school systems
to improve performance before conditions become so grave as to
warrant more substantive state intervention. Assistance shall
include, but is not limited to, providing additional technical
assistance and programmatic, professional staff development,
providing monetary, staffing and other resources where appropriate,
and, if necessary, making appropriate recommendations to the
process for improving education council.
(h) (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
, that will enable them to evaluate whether a thorough and efficient education is being provided, and to assist
the state board in making determinations regarding the
accreditation status of schools and the approval status of school
systems, the state board shall establish an office of education
performance audits
which 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
the salary of
the state superintendent of schools one hundred seven thousand two
hundred fifty dollars.
(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
benefit 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
utilized 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 These processes shall focus on
those measurable criteria related to student performance and
progress and to the delivery of instruction which will enable
student performance and progress; and
(ii) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the state board, and recommend to the
school, the
school system, the state board and the process for improving
education council, plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity
to establish and maintain a thorough and
efficient system of schools, 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 Legislature
and the state board, and make recommendations to the state board,
the process for improving education council, the center for
professional development, the regional educational service
agencies, the higher education policy commission, and the county
boards;
(F) Identify, in conjunction with the assessment and accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance, and make recommendations to the state board and the
process for improving education council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The state board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with various of
the applicable laws, policies and process standards as considered
appropriate and approved by the state board, including, but not
limited to,
compliance with limitations on the number of pupils per
teacher in a classroom and the number of split grade classrooms 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 utilized 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
examined subject to examination during an on-site review to
determine compliance with laws, policies and standards.
Intentional and grossly negligent reporting of false information
is
ground are grounds for dismissal.
(i) (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. or by weighted
selection by the education performance audits. An on-site review
shall be conducted by the office of education performance audits of
any 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, purposes, including, but not limited to, the following:
(A) Verifying data reported by the school or county board;
(B)
Documenting Examining compliance with
the laws and
policies
and laws 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 selection of schools and school systems for an on-site
review shall use a weighted sample so that those with lower performance and progress indicators have a greater likelihood of
being selected. The director of the office of education
performance audits 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
may 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. addition to full reviews which cover all 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
is has been
trained and designated by the state board
to perform such
functions. from the department of education and the agencies
responsible for assisting the office. If the size of the school or school system
and issues being reviewed
necessitates 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
reviews review to the state board
within forty-five days
after the conclusion of the on-site review. for inclusion in the
evaluation and determination of a school's or county board's
accreditation or approval status as applicable. The report on the
findings of an on-site review shall be submitted to the state board
within thirty days following the conclusion of the on-site review
and to the county superintendent and principals of schools within
the reviewed school system within forty-five days following the
conclusion of the on-site review. A copy of the report shall be
provided to the process for improving education council
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.
(j) (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
on meet or exceed the
standards adopted by the state board pursuant to
subsections (c)
and subsection (d) of this section
are at a level which would be
expected when all of the high quality education standards are being
met. A school which meets or exceeds the measures of student
performance and progress set forth in subsection (d) of this
section, and
which 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 such
other deficiencies shall remain on full accreditation status for
six months following an on-site review in which other deficiencies
are noted. The school the remainder of the accreditation period
and shall have an opportunity to correct those deficiencies,
notwithstanding other provisions of this subsection.
(2) Temporary accreditation status shall be given to a school
when the
measure of the school's performance and progress
is 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 unified school improvement plan shall
include objectives, a time line, a plan for evaluation of the
success of the improvements, cost estimates, and a date certain for
achieving full accreditation. The revised plan shall be submitted
to the state board for approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance and progress
on the standards
adopted by the state board are below the level required for full
accreditation, but the school's unified improvement plan
meets the
following criteria:
(A) The plan has been revised
to achieve full accreditation
status by a date certain to improve performance and progress on the
standard or standards by a date or dates certain;
(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
on meet or exceed the
standards adopted by the state board pursuant to subsections
(c)
and (d)
and (e) of this section.
substantially exceed the minimal
level which would be expected when all of the high quality
education standards are being met. The state board shall
promulgate legislative rules in accordance with the provisions of
article three-b, chapter twenty-nine-a, designated to establish
standards of performance and progress to identify exemplary
schools.
(5)
Seriously impaired accreditation status shall be given to
a school The state board shall establish and adopt standards of
performance and progress to identify seriously impaired schools and
the state board may declare a school seriously impaired whenever
extraordinary circumstances exist as defined by the state board.
(A) These circumstances shall include, but are not limited to,
the following:
(i) The failure of a school on temporary accreditation status
to obtain approval of its revised unified school improvement plan
within a reasonable time period as defined by the state board;
(ii) The failure of a school on conditional accreditation status to meet the objectives and time line of its revised unified
school improvement plan; or
(iii) The failure of a school to
achieve full accreditation
meet a standard by the date specified in the revised plan.
(B) Whenever the state board determines that the quality of
education in a school is seriously impaired, the state board shall
appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correction of the impairment.
When the state board approves the recommendations, they shall be
communicated to the county board. If progress in correcting the
impairment as determined by the state board is not made within six
months from the time the county board receives the recommendations,
the state board shall place the county board on temporary approval
status and provide consultation and assistance to the county board
to assist it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management
practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to
correct the impairment.
(C) If the impairment is not corrected by a date certain as
set by the state board:
(i) The state board shall appoint a monitor who shall be paid at county expense to cause improvements to be made at the school to
bring it to full accreditation status within a reasonable time
period as determined by the state board. The monitor's work
location shall be at the school and the monitor shall work
collaboratively with the principal. The monitor shall, at a
minimum, report monthly to the state board on the measures being
taken to improve the school's performance and the progress being
made. The reports may include requests for additional assistance
and recommendations required in the judgment of the monitor to
improve the school's performance, including, but not limited to,
the need for targeting resources strategically to eliminate
deficiencies;
(ii) The state board may make a determination, in its sole
judgment, that the improvements necessary to provide a thorough and
efficient education to the students at the school cannot be made
without additional targeted resources, in which case, it shall
establish a plan in consultation with the county board that
includes targeted resources from sources under the control of the
state board and the county board to accomplish the needed
improvements. Nothing in this subsection shall be construed to
allow a change in personnel at the school to improve school
performance and progress, except as provided by law;
(iii) If the impairment is not corrected within one year after
the appointment of a monitor, the state board may make a determination, in its sole judgment, that continuing a monitor
arrangement is not sufficient to correct the impairment and may
intervene in the operation of the school to cause improvements to
be made that will provide assurances that a thorough and efficient
system of schools will be provided. This intervention may include,
but is not limited to, establishing instructional programs, taking
such direct action as may be necessary to correct the impairments,
declaring the position of principal is vacant and assigning a
principal for the school who shall serve at the will and pleasure
of and, under the sole supervision of, the state board:
Provided,
That prior to declaring that the position of the principal is
vacant, the state board must make a determination that all other
resources needed to correct the impairment are present at the
school. If the principal who was removed elects not to remain an
employee of the county board, then the principal assigned by the
state board shall be paid by the county board. If the principal
who was removed elects to remain an employee of the county board,
then the following procedure applies:
(I) The principal assigned by the state board shall be paid by
the state board until the next school term, at which time the
principal assigned by the state board shall be paid by the county
board;
(II) The principal who was removed shall be
placed on the
preferred recall list for all positions in the county for which the principal is certified, as defined in section seven, article four
of this chapter 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.
(k) (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.
(l) (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
education system meets or exceeds all of the high quality standards
for student, school and school system performance, progress and
processes adopted by the state board and whose schools have all
been given full, temporary or conditional accreditation status
. A
school system which meets or exceeds the measures of student
performance and progress set forth in subsection (d) of this
section, and which does not have any deficiencies which would
endanger student health or safety or other extraordinary
circumstances as defined by the state board
. A fully approved
school system in which such other deficiencies are discovered shall
remain on full accreditation status for
six months following an on-
site review in which other deficiencies are noted. The school the
remainder of the approval period and shall have an opportunity to
correct those deficiencies, notwithstanding other provisions of
this subsection.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval. Whenever a county board is given temporary approval status, the
county board shall revise its unified county improvement plan
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 include objectives, a time
line, a plan for evaluation of the success of the improvements, a
cost estimate, and a date certain for achieving full approval. The
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; to achieve full approval status by a date
certain;
(ii) The plan has been approved by the state board; and
(iii) The county board is meeting the objectives and time line
specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its unified county
improvement plan or revised unified county improvement plan within
a reasonable time period as defined by the state board or which
fails to meet the objectives and time line of its revised unified
county improvement plan or fails to achieve full approval by the date specified in the revised plan.
(A) The state board shall establish and adopt additional
standards to identify school systems in which the program may be
nonapproved and the state board may issue nonapproval status
whenever extraordinary circumstances exist as defined by the state
board.
(B) Whenever a county board has more than a casual deficit, as
defined in section one, article one of this chapter, the county
board shall submit a plan to the state board specifying the county
board's strategy for eliminating the casual deficit. The state
board either shall approve or reject the plan. If the plan is
rejected, the state board shall communicate to the county board the
reason or reasons for the rejection of the plan. The county board
may resubmit the plan any number of times. However, any county
board that fails to submit a plan and gain approval for the plan
from the state board before the end of the fiscal year after a
deficit greater than a casual deficit occurred or any county board
which, in the opinion of the state board, fails to comply with an
approved plan may be designated as having nonapproval status.
(C) Whenever nonapproval status is given to a school system,
the state board shall declare a state of emergency in the school
system and shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correcting the
emergency. When the state board approves the recommendations, they shall be communicated to the county board. If progress in
correcting the emergency, as determined by the state board, is not
made within six months from the time the county board receives the
recommendations, the state board shall intervene in the operation
of the school system to cause improvements to be made that will
provide assurances that a thorough and efficient system of schools
will be provided. This intervention may include, but is not
limited to, the following:
(i) Limiting the authority of the county superintendent and
county board as to the expenditure of funds, the employment and
dismissal of personnel, the establishment and operation of the
school calendar, the establishment of instructional programs and
rules and any other areas designated by the state board by rule,
which may include delegating decision-making authority regarding
these matters to the state superintendent;
(ii) Declaring that the office of the county superintendent is
vacant;
(iii) Delegating to the state superintendent both the
authority to conduct hearings on personnel matters and school
closure or consolidation matters and, subsequently, to render the
resulting decisions, and the authority to appoint a designee for
the limited purpose of conducting hearings while reserving to the
state superintendent the authority to render the resulting
decisions;
(iv) Functioning in lieu of the county board of education in
a transfer, sale, purchase or other transaction regarding real
property; and
(iv) (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;
(m) (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
(l) (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.
(n) (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-5b. Elimination and reduction of unnecessary and burdensome
mandates and regulation.
(a) The Legislature finds that regulations and laws are
adopted from time to time that focus on specific areas in which
there is a need to correct deficiencies, improve performance and
implement reforms. The Legislature further finds that these
regulations and laws, while important for spurring new initiatives,
often include requirements for specific processes, meetings, reports and reviews that become unnecessary and burdensome once the
intended change is operationalized. Therefore, the purpose of this
section is to eliminate unnecessary and burdensome mandates and
regulations that distract necessary resources from teaching and
learning.
(b) Notwithstanding any other provision of law to the
contrary, on the effective date of this section the following
provisions of the code are repealed, all statutory provisions
requiring or authorizing the promulgation of the following state
board rules are void and of no effect and the state board is
implored to repeal these policies and any others that are counter
productive in distracting necessary resources from teaching and
learning:
(1) Article two-f of this chapter relating to incentives and
results based scholarship program;
(2) Section seven, article twenty of this chapter relating to
exceptional children compliance review teams;
(3) Policy 1100 Guidelines to Senate Bill 300 Implementation;
(4) Policy 1222.1 Joint Policy on Vocational, Technical and
Adult Education between the Boards of Education and Regents;
(5) Policy 2422.10 Inclusion of Safety Education Concepts &
Instructional Techniques into School Curriculum;
(6) Policy 2443 Four Year Education Plan;
(7) Policy 2445.44 Rules for Granting Exceptions to the Legal Requirements for the Adoption & Utilization of Textbook Programs;
(8) Policy 2530.10 Career Exploration Learning Outcomes for
the 7
th and 8
th Grades;
(9) Policy 2540 Criteria of Excellence: Programs for the
Education of Exceptional Students;
(10) Policy 2550 Criteria of Excellence: Educational Support
Services;
(11) Policy 4310A Curricular and Extra-curricular Activities-
West Virginia Schools for the Deaf and the Blind;
(12) Policy 4322 Uniform Health Record Policy;
(13) Policy 4333 Education of Children Living More than Two
miles from School or nearest Bus Route;
(14) Policy 4334A Rules and Regulations for the Purchase of
School Buses;
(15) Policy 4334B School Bus Inspection Policy Statement;
(16) Policy 4336A Transportation of School Children
Participating in Athletic, Literary and Band Activities;
(17) Policy 5140 Regulations for the preparation at Classroom,
General Schools, and Clerical Aides;
(18) Policy 5219.02 Certification of School Nurses;
(19) Policy 5610 Resolution Regarding Minimum Pay Scales and
Employment Terms of School Auxiliary Service Personnel;
(20) Policy 5610A Resolution Establishing Additional Position
Titles and Pay Grades for School Auxiliary and Service Personnel;
(21) Policy 7125 Policy for the Establishment and Operation of
Vocational Education Technical Committees;
(22) Policy 7400.191 School Advisory Councils;
(23) Policy 8354 Regulation for Charging Specially Funded
Projects Unemployment Compensation Benefits by County Boards of
Education; and
(24) Policy 8400 Procedure for Investing Proceeds of the State
School Building Fund.
§18-2E-5c. Process for improving education council established;
membership; expenses; meetings; powers.
(a)
Process for improving education council. -- There is
hereby established the process for improving education council for
the purpose of providing opportunities for consultation among state
policy leaders on the process for improving education, including,
but not limited to, determination of the things that students
should know and be able to do as the result of a thorough and
efficient education, the performance and progress of students
toward meeting the high quality standards established by the state
board, and any further improvements necessary to increase the
capacity of schools and school systems to deliver a thorough and
efficient education.
(b)
Council membership. -- The legislative oversight
commission on education accountability, together with the governor,
ex officio, or the governor's designee, and the chancellor of the higher education policy commission, ex officio, or the chancellor's
designee, comprise the process for improving education council. Ex
officio members are entitled to vote. The governor or the
governor's designee shall convene the council, as appropriate, and
shall serve as chair. The council may meet at any time at the call
of the governor or the governor's designee.
(c)
Compensation. -- Members of the council shall serve
without compensation, but shall be reimbursed as provided by law by
their respective agencies for all reasonable and necessary expenses
actually incurred in the performance of their official duties under
this section upon presentation of an itemized sworn statement of
their expenses.
(d)
Powers of the council. --
The council has the following powers:
(1) To meet and consult with the state board, or their
designees, and make recommendations on issues related to student,
school and school system performance. The following steps are part
of the consultation process:
(A) The state board shall notify each member of the council
whenever the state board proposes to amend its rules on any of the
following issues:
(i) High quality education standards and efficiency standards
established pursuant to section five of this article;
(ii) Indicators of efficiency established pursuant to section five of this article; and
(iii) Assessment and accountability of school and school
system performance and processes established pursuant to section
five of this article.
(B) The notice to be given pursuant to paragraph (A) of this
subdivision shall contain a summary and explanation of the proposed
changes, including a draft of the proposal when available, and
shall be sent at least fifteen days prior to filing the proposal
with the secretary of state for public comment.
(B) (C) If the governor, or the governor's designee, believes
it is necessary for the council to meet and consult with the state
board, or its designees, on changes proposed to any of the issues
outlined in subdivision (1) of this subsection, he or she may
convene a meeting of the council.
(C) (D) If both the president of the Senate and the speaker of
the House of Delegates believe it is necessary for the council to
meet and consult with the state board, or its designees, they shall
notify the governor who shall convene a meeting of the council.
(D) (E) If the chancellor, or the chancellor's designee,
believes that it is necessary for the council to meet and consult
with the state board, or its designees, he or she may request the
governor to convene a meeting of the council.
(2) To require the state board, or its designees, to meet with
the council to consult on issues that lie within the scope of the council's jurisdiction;
(3) To participate as observers in any on-site review of a
school or school system conducted by the office of education
performance audits; and
(4) To authorize any employee of the agencies represented by
council members to participate as observers in any on-site review
of a school or school system conducted by the office of education
performance audits.
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, regulations 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 rule, policy or standard
under this article may supersede the requirements of federal law
unless the supersedure is authorized by the Legislature and funds
are appropriated therefor. 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-2-12a. General 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 general
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 the county board
that employs them and the school personnel also have certain rights
and responsibilities as provided in statute, in their contract and
in accepted practice;
(3) School personnel are entitled to meet together, form
associations and work in concert to improve their circumstances and
the circumstances of the schools. However, the right to strike
does not exist for any employees of the state or of county boards;
(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 such
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 such 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 cause, lack of need or
governed by specific statutory provisions, 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) The West Virginia board of education and county boards of
education 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 encouraging 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 or 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) If a pupil transfers to another school in West Virginia,
the principal of the school from which the pupil transfers shall
provide a written record of any disciplinary action taken against
the pupil to the principal of the school to which the pupil
transfers.
(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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18-2E-5b is totally rewritten, therefore strike-throughs and
underscoring have been omitted.
§18A-2-12a is new, therefore strike-throughs and underscoring
have been omitted.
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