ENGROSSED
H. B. 4111
(By Delegates Mezzatesta and Williams)
(Originating in the House Committee on Education)
[January 22, 2004]
A BILL to amend and reenact §18-2E-5 of the code of West Virginia,
1931, as amended; and to amend and reenact §18-5-7a of said
code, all relating to education; state board of education;
county boards of education; modifying powers and authorities;
legislative findings, purpose and intent; process for
improving education; education standards and accountability
measures; office of education performance audits; school
accreditation and school system approval; intervention to
correct impairments; and disposition of school property in
flood control projects.
Be it enacted by the Legislature of West Virginia:
That §18-2E-5 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-5-7a of said code be amended
and reenacted, all to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; education standards and accountability measures; office of education
performance audits; school accreditation and school
system approval; intervention to correct impairments.
(a) Legislative findings, purpose and intent. --
(1) The Legislature finds that the process for improving
education includes four primary elements, these being:
(A) Standards which set forth the things that students should
know and be able to do as the result of a thorough and efficient
education including measurable criteria to evaluate student
performance and progress;
(B) Assessments of student performance and progress toward
meeting the standards;
(C) A system for holding schools and school systems
accountable for student performance and progress toward obtaining
a high quality education which is delivered in an efficient manner;
and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2) The Legislature further finds that as the constitutional
body charged with the general supervision of schools as provided by
general law, the state board has the authority and the
responsibility to establish the standards, assess the performance
and progress of students against the standards, hold schools and
school systems accountable, and assist schools and school systems to build capacity and improve efficiency so that the standards are
met, including, when necessary, seeking additional resources in
consultation with the Legislature and the governor.
(3) The Legislature also finds that as the constitutional body
charged with providing for a thorough and efficient system of
schools, the Legislature has the authority and the responsibility
to establish and be engaged constructively in the determination of
the things that students should know and be able to do as the
result of a thorough and efficient education. This determination
is made by using the process for improving education to determine
when school improvement is needed, by evaluating the results and
the efficiency of the system of schools, by ensuring
accountability, and by providing for the necessary capacity and its
efficient use.
(4) Therefore, the purpose of this section is to establish a
process for improving education that includes the four primary
elements as set forth in subdivision (1) of this subsection to
provide assurances that a thorough and efficient system of schools
is being provided for all West Virginia public school students on
an equal education opportunity basis and that the high quality
standards are, at a minimum, being met.
(5) The intent of the Legislature in enacting this section is
to establish a process through which the Legislature, the governor
and the state board can work in the spirit of cooperation and
collaboration intended in the process for improving education to consult and examine, when necessary, the performance and progress
of students, schools and school systems and consider alternative
measures to ensure that all students continue to receive the
thorough and efficient education to which they are entitled.
However, nothing in this section requires any specific level of
funding by the Legislature.
(b) Unified county and school improvement plans. -- The state
board shall promulgate rules in accordance with article three-b,
chapter twenty-nine-a of this code establishing a unified county
improvement plan for each county board and a unified school
improvement plan for each public school in this state. The rules
shall specify that the unified school improvement plan shall
include all appropriate plans required by law including, but not
limited to, the following:
(1) The report required to be delivered to the county-wide
council on productive and safe schools pursuant to subsection (f),
section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology
pursuant to 20 U.S.C. §6845, section seven, article two-e of this
chapter, state board policy or rule or any other county, state or
federal law;
(3) The strategic plan to manage the integration of special
needs students as required by section five, article five-a of this
chapter; and
(4) The school based improvement plan set forth in the Elementary and Secondary Education Act pursuant to 29 U.S.C. §6301,
et seq.
The plans are required to be included only to the extent
permitted by state and federal law.
(c) 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.
(d) Performance measures. -- The standards shall assure that
all graduates are prepared for gainful employment or for continuing
post-secondary education and training and that schools and school
systems are making progress in achieving the education goals of the
state.
The standards shall include measures of student performance
and progress and measures of school and school system performance,
progress and processes that enable student performance. The
measures of student performance and progress and school and school
system performance, progress and processes shall include, but are
not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance and progress by grade level measured, where
possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) The student dropout rate;
(4) The high school graduation rate;
(5) The percentage of graduates who enrolled in college and
the percentage of graduates who enrolled in other post-secondary
education within one year following high school graduation;
(6) The percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(7) The percentage of students who enrolled in and the percentage of students who successfully completed advanced
placement, dual credit and honors classes, respectively, by grade
level.
(e) Indicators of efficiency. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code,
the state board shall adopt and periodically review and update
indicators of efficiency for student and school system performance
and processes in the following areas:
(1) Curriculum delivery including, but not limited to, the use
of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Utilization of regional educational service agency
programs and services, including programs and services that may be
established by their assigned regional educational service agency,
or other regional services that may be initiated between and among
participating county boards; and
(7) Any other indicators as determined by the state board.
(f) Assessment and accountability of school and school system
performance and processes. -- In accordance with the provisions of
article three-b, chapter twenty-nine-a of this code, the state
board shall establish by rule a system of education performance
audits which measures the quality of education and the preparation of students based on the standards and measures of student, school
and school system performance, progress and processes, including,
but not limited to, the standards and measures set forth in
subsections (c) and (d) of this section. The system of education
performance audits shall assist the state board, the Legislature
and the governor in ensuring that the standards and measures
established pursuant to this section are, at a minimum, being met
and that a thorough and efficient system of schools is being
provided.
The system of education performance audits shall include:
(1) The assessment of student performance and progress, school
and school system performance and progress, and the processes in
place in schools and school systems which enable student
performance and progress;
(2) The review of school and school system unified improvement
plans; and
(3) The periodic on-site review of school and school system
performance and progress and compliance with the standards.
(g) Uses of school and school system assessment information.
-- The state board and the process for improving education council
established pursuant to section five-c of this article shall use
information from the system of education performance audits to
assist them in ensuring that a thorough and efficient system of
schools is being provided and to improve student, school and school
system performance and progress. Information from the system of education performance audits further shall be used by the state
board for these purposes, including, but not limited to, the
following: (1) Determining school accreditation and school system
approval status; (2) holding schools and school systems accountable
for the efficient use of existing resources to meet or exceed the
standards; and (3) targeting additional resources when necessary to
improve performance and progress. Primary emphasis in determining
school accreditation and school system approval status is based on
student performance and progress, school and school system
performance and progress and such other measures as selected by the
state board. The state board shall make accreditation information
available to the Legislature, the governor, the general public and
to any individuals who request the information, subject to the
provisions of any act or rule restricting the release of
information.
Based on the assessment of student, school and school system
performance and progress, the state board shall establish early
detection and intervention programs using the available resources
of the department of education, the regional educational service
agencies, the center for professional development and the
principals academy, as appropriate, to assist underachieving
schools and school systems to improve performance before conditions
become so grave as to warrant more substantive state intervention.
Assistance shall include, but is not limited to, providing
additional technical assistance and programmatic, professional staff development, providing monetary, staffing and other resources
where appropriate, and, if necessary, making appropriate
recommendations to the process for improving education council.
(h) Office of education performance audits. --
(1) To assist the state board and the process for improving
education council in the operation of a system of education
performance audits that will enable them to evaluate whether a
thorough and efficient education is being provided, and to assist
the state board in making determinations regarding the
accreditation status of schools and the approval status of school
systems, the state board shall establish an office of education
performance audits which shall be operated under the direction of
the state board independently of the functions and supervision of
the state department of education and state superintendent. The
office of education performance audits shall report directly to and
be responsible to the state board in carrying out its duties under
the provisions of this section.
(2) The office shall be headed by a director who shall be
appointed by the state board and who shall serve at the will and
pleasure of the state board. The salary of the director shall not
exceed the salary of the state superintendent of schools.
(3) The state board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by law and by the state
board. Employees of the state department of education who are
transferred to the office of education performance audits retain their benefit and seniority status with the department of
education.
(4) Under the direction of the state board, the office of
education performance audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance and progress of students, schools and school
systems, and shall receive assistance, as determined by the state
board, from staff at the state department of education, the
regional education service agencies, the center for professional
development, the principals academy and the state school building
authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it by
the state board or by statute, the office of education performance
audits also shall:
(A) Assure that all statewide assessments of student
performance are secure as required in section one-a of this
article;
(B) Administer all accountability measures as assigned by the
state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems. These processes shall focus on those
measurable criteria related to student performance and progress and
to the delivery of instruction which will enable student
performance and progress; and
(ii) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the state board, and recommend to the school, the
school system, the state board and the process for improving
education council, plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity to establish and maintain a thorough and
efficient system of schools, including the identification of trends
and the need for continuing improvements in education, and report
those deficiencies and trends to the state board and the process
for improving education council;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the Legislature
and the state board, and make recommendations to the state board,
the process for improving education council, the center for
professional development, the regional educational service
agencies, the higher education policy commission, and the county
boards;
(F) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system performance, and make recommendations to the state board and the
process for improving education council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The state board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with various of
the applicable laws, policies and process standards as considered
appropriate and approved by the state board, including, but not
limited to, compliance with limitations on the number of pupils per
teacher in a classroom and the number of split grade classrooms.
Information contained in the reporting formats shall be examined
during an on-site review to determine compliance with laws,
policies and standards. Intentional and grossly negligent
reporting of false information is ground for dismissal.
(i) On-site reviews. --
(1) At the direction of the state board or by weighted
selection by the office of education performance audits, an on-site
review shall be conducted by the office of education performance
audits of any school or school system for purposes, including, but
not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Documenting compliance with policies and laws;
(C) Evaluating the effectiveness and implementation status of
school and school system unified improvement plans;
(D) Investigating official complaints submitted to the state
board that allege serious impairments in the quality of education
in schools or school systems;
(E) Investigating official complaints submitted to the state
board that allege that a school or county board is in violation of
policies or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews and
inspections have been conducted by the appropriate agencies,
including, but not limited to, the state fire marshal, the health
department, the school building authority and the responsible
divisions within the department of education, and whether noted
deficiencies have been or are in the process of being corrected.
The office of education performance audits may not conduct a
duplicate review or inspection nor 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 and those that have not had a
recent on-site review 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 conduct
on-site reviews which are limited in scope to specific areas in
addition to full reviews which cover all areas.
(4) An on-site review of a school or school system shall
include a person or persons who has expert knowledge and experience
in the area or areas to be reviewed and who is designated by the
state board from the department of education and the agencies
responsible for assisting the office. If the size of the school or
school system being reviewed necessitates the use of an on-site
review team or teams, the person or persons designated by the state
board shall advise and assist the director to appoint the team or
teams. The person or persons designated by the state board 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
the superintendent shall be provided the opportunity to be present.
(7) The office of education performance audits shall report
the findings of the on-site reviews to the state board for
inclusion in the evaluation and determination of a school's or
county board's accreditation or approval status as applicable. The
report on the findings of an on-site review shall be submitted to
the state board within thirty days following the conclusion of the
on-site review and to the county superintendent and principals of
schools within the reviewed school system within forty-five days
following the conclusion of the on-site review. A copy of the
report shall be provided to the process for improving education
council.
(j) School accreditation. -- The state board annually shall
review the information from the system of education performance audits submitted for each school and shall issue to every school
one of the following approval levels: Exemplary accreditation
status, full accreditation status, temporary accreditation status,
conditional accreditation status, or seriously impaired status.
(1) Full accreditation status shall be given to a school when
the school's performance and progress on the standards adopted by
the state board pursuant to subsections (c) and (d) of this section
are at a level which would be expected when all of the high quality
education standards are being met. A school which meets or exceeds
the measures of student performance and progress set forth in
subsection (d) of this section, and which does not have any
deficiencies which would endanger student health or safety or other
extraordinary circumstances as defined by the state board, shall
remain on full accreditation status for six months following an
on-site review in which other deficiencies are noted. The school
shall have an opportunity to correct those deficiencies,
notwithstanding other provisions of this subsection.
(2) Temporary accreditation status shall be given to a school
when the measure of the school's performance and progress is below
the level required for full accreditation status. Whenever a
school is given temporary accreditation status, the county board
shall ensure that the school's unified improvement plan is revised
to increase the performance and progress of the school to a full
accreditation status level. The revised unified school improvement
plan shall include objectives, a time line, a plan for evaluation of the success of the improvements, cost estimates, and a date
certain for achieving full accreditation. The 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 has been
revised to achieve full accreditation status by a date certain, the
plan has been approved by the state board and the school is meeting
the objectives and time line specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance and progress on the standards adopted
by the state board pursuant to subsections (c) and (d) of this
section substantially exceed the minimal level which would be
expected when all of the high quality education standards are being
met. The state board shall promulgate legislative rules in
accordance with the provisions of article three-b, chapter
twenty-nine-a, designated to establish standards of performance and
progress to identify exemplary schools.
(5) 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 by
the date specified in the revised plan.
(B) Whenever the state board determines that the quality of
education in a school is seriously impaired, the state board shall
appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correction of the impairment.
When the state board approves the recommendations, they shall be
communicated to the county board. If progress in correcting the
impairment as determined by the state board is not made within six
months from the time the county board receives the recommendations,
the state board shall place the county board on temporary approval
status and provide consultation and assistance to the county board
to assist it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management
practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to
correct the impairment.
(C) If the impairment is not corrected by a date certain as
set by the state board:
(i) The state board shall appoint a monitor who shall be paid
at county expense to cause improvements to be made at the school to
bring it to full accreditation status within a reasonable time
period as determined by the state board. The monitor's work
location shall be at the school and the monitor shall work
collaboratively with the principal. The monitor shall, at a
minimum, report monthly to the state board on the measures being
taken to improve the school's performance and the progress being
made. The reports may include requests for additional assistance
and recommendations required in the judgment of the monitor to
improve the school's performance, including, but not limited to,
the need for targeting resources strategically to eliminate
deficiencies;
(ii) The state board may make a determination, in its sole
judgment, that the improvements necessary to provide a thorough and
efficient education to the students at the school cannot be made
without additional targeted resources, in which case, it shall
establish a plan in consultation with the county board that
includes targeted resources from sources under the control of the
state board and the county board to accomplish the needed
improvements. Nothing in this subsection shall be construed to
allow a change in personnel at the school to improve school
performance and progress, except as provided by law;
(iii) If the impairment is not corrected within one year after
the appointment of a monitor, the state board may make a
determination, in its sole judgment, that continuing a monitor
arrangement is not sufficient to correct the impairment and may
intervene in the operation of the school to cause improvements to
be made that will provide assurances that a thorough and efficient
system of schools will be provided. This intervention may include,
but is not limited to, establishing instructional programs, taking
such direct action as may be necessary to correct the impairments,
declaring the position of principal is vacant and assigning a
principal for the school who shall serve at the will and pleasure
of and, under the sole supervision of, the state board: Provided,
That prior to declaring that the position of the principal is
vacant, the state board must make a determination that all other
resources needed to correct the impairment are present at the
school. If the principal who was removed elects not to remain an
employee of the county board, then the principal assigned by the
state board shall be paid by the county board. If the principal
who was removed elects to remain an employee of the county board,
then the following procedure applies:
(I) The principal assigned by the state board shall be paid by
the state board until the next school term, at which time the
principal assigned by the state board shall be paid by the county
board;
(II) The principal who was removed shall be placed on the preferred recall list for all positions in the county for which the
principal is certified, as defined in section seven, article four
of this chapter; and
(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) Transfers from seriously impaired schools. -- Whenever a
school is determined to be seriously impaired and fails to improve
its status within one year, any student attending the school may
transfer once to the nearest fully accredited school, subject to
approval of the fully accredited school and at the expense of the
school from which the student transferred.
(l) 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, shall remain on full
accreditation status for six months following an on-site review in
which other deficiencies are noted. The school shall have an
opportunity to correct those deficiencies, notwithstanding other
provisions of this subsection.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its unified county improvement plan to
increase the performance and progress of the school system to a
full approval status level. The revised plan shall include
objectives, a time line, a plan for evaluation of the success of
the improvements, a cost estimate, and a date certain for achieving
full approval. The revised plan shall be submitted to the state
board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full approval, but whose unified county improvement plan meets the
following criteria:
(i) The plan has been revised to achieve full approval status
by a date certain;
(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) 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) 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) 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.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-7a. Disposition of school property in flood control
projects.
(a) If at any time the board shall ascertain ascertains that
any land or part thereof then being used for school purposes is to
be included in any federal flood control project the board may:
(a) (1) Sell, dismantle, remove or relocate any buildings
thereon;
(b) (2) Contract with the United States of America, or any
instrumentality, agency or political subdivision thereof, for the
sale or exchange of its interest in such the land or any part
thereof; and
(c) (3) Without auction sell or exchange its interest in such
the land or any part thereof to the United States of America, or
any instrumentality, agency or political subdivision thereof, in
accordance with the terms and provisions of such the contract.
(b) If the flood control project is proposed in a county where
the state board of education has intervened in the operation of the
county school system pursuant to the provisions of section five,
article two-e of this chapter or any other constitutional or
statutory authority to intervene, the powers granted in this
section are vested in the state board.
(c) Notwithstanding the provisions of section seven of this
article, neither the grantor of such the land or any part thereof
nor his heirs or assigns shall have has the right to purchase said
the land or any part thereof or have any other rights whatever under section seven of this article.
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