Senate Bill No. 610

(By Senators Barnes, Hall and Sypolt)

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[Introduced February 16, 2012; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-5-17 of said code; to amend and reenact §18-5A-5 of said code; to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2, §18-5D-3, §18-5D-4, §18-5D-5, §18-5D-6, §18-5D-7, §18-5D-8, §18-5D-9, §18-5D-10, §18-5D-11, §18-5D-12, §18-5D-13, §18-5D-14, §18-5D-15, §18-5D-16 and §18-5D-17; to amend said code by adding thereto a new article, designated §18-5E-1, §18-5E-2 and §18-5E-3; to amend and reenact §18-7A-3 of said code; to amend and reenact §18A-2-1, §18A-2-12 and §18A-2-12a of said code; to amend and reenact §18A-3-1a of said code; to amend said code by adding thereto three new sections, designated §18A-4-2c, §18A-4-3a and §18A-4-3b; and to amend and reenact §18A-4-5a and §18A-4-7a of said code, all relating to the improvement of schools and school districts; requiring electronic county and school strategic improvement plans to plan for early warnings and interventions; requiring electronic county and school strategic improvement plans to report on the level of performance as relates to the high-quality education standards and efficiency standards; revising high-quality education standards; revising graduation standards used to determine adequate yearly progress under the No Child Left Behind Act; requiring state annual performance measures to account for growth over the previous year; revising extraordinary circumstances that may warrant a school being given a low-performing accreditation status; narrowing deadlines for improvement of low performance in schools; authorizing the district-wide transfer of principals in school systems on nonapproved status; revising school system approval criteria for schools given temporary and conditional status; requiring the revision of electronic county strategic improvement plans to reach full approval status; establishing the Education Opportunity Zone 180 program; requiring comprehensive health screening for students entering public school for the first time in this state, students entering third grade, students entering sixth grade and students entering ninth grade; defining terms; limiting developmental screening; selecting faculty senate members of the hiring committee; empowering faculty senates to establish a process for faculty members to interview new paraprofessional employees at the school; creating Charter Innovation Zone 2.0 Schools; defining terms; establishing legislative findings and purpose; providing that Charter Innovation Zone 2.0 Schools are part of the public education system; precluding the state board from capping the number of schools; providing that provisions should be liberally construed; establishing autonomy factors; providing application contents, submission, review and approval process; authorizing memorandums of agreement and charters; providing for the renewal, revocation and termination of schools; creating the Charter Innovation Zone 2.0 Schools Commission; establishing powers and duties; requiring reports; establishing review factors; providing for site-based governance councils and membership; requiring county board to serve as fiscal agent for school; allowing site-based governance council to establish staff selection committee in collaboration with county board; providing for admissions and enrollment criteria for schools; establishing lottery requirements for admission to school; providing for credit transfers; requiring school district to provide information regarding school; requiring monitoring of schools; establishing funding requirements; authorizing the receipt of grants and other moneys; requiring the reporting of grants and other moneys; requiring a study of funding of schools; establishing transportation requirements; providing for facilities; requiring notice to the county board upon move or termination of the school; requiring a facilities plan; providing for maintenance agreements; authorizing rules and emergency rules; authorizing virtual Charter Innovation Zone 2.0 Schools; permitting students to participate in extracurricular activities; establishing purpose; authorizing waiver of statutes and rules requiring certain committees; authorizing the creation of collaborative teams in place of certain committees; creating application and approval process for waiver; providing for certain votes; authorizing rulemaking; establishing additional compensation for professional school personnel; providing the opportunity for hiring committees to interview school personnel candidates; evaluation of professional personnel in the public schools; requiring annual evaluations; establishing effective dates; providing for alternative principal and teacher certification; authorizing alternative principal and teacher certification programs; providing for alternative instructional requirements; providing eligibility standards for principals; authorizing alternative programs by approved education providers; setting forth certain requirements for training and induction; authorizing rules; authorizing additional compensation for professional school personnel; establishing findings; requiring a salary supplement for teachers, principals and assistant principals employed in a school with a student population that is high poverty or high minority; requiring a salary supplement for classroom teachers employed in a school with a student population that is high poverty or high minority and who teach in a documented area of shortage; defining terms; requiring a monetary incentive for meeting goals for student growth during the previous school year; requiring uniformity; authorizing additional monetary payments paid from local funds; excluding certain monetary compensation created by this legislation from inclusion for purposes of calculating retirement benefits; authorizing rules; revising criteria when hiring a professional personnel; requiring the consideration of criteria according to equal weighting in certain circumstances; providing for hiring committees; providing for the selection of hiring committee members by the faculty senate; and providing for the opportunity for hiring committees to interview candidates.

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; that §18-5-17 of said code be amended and reenacted; that §18-5A-5 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §18-5D-1, §18-5D-2, §18-5D-3, §18-5D-4, §18-5D-5, §18-5D-6, §18-5D-7, §18-5D-8, §18-5D-9, §18-5D-10, §18-5D-11, §18-5D-12, §18-5D-13, §18-5D-14, §18-5D-15, §18-5D-16 and §18-5D-17; that said code be amended by adding thereto a new article, designated §18-5E-1, §18-5E-2 and §18-5E-3; that §18-7A-3 of said code be amended and reenacted; that §18A-2-1, §18A-2-12 and §18A-2-12a of said code be amended and reenacted; that §18A-3-1a of said code be amended and reenacted; that said code be amended by adding thereto three new sections, designated §18A-4-2c, §18A-4-3a and §18A-4-3b; and that §18A-4-5a and §18A-4-7a of said code 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; statewide assessment program; accountability measures; Office of Education Performance Audits; school accreditation and school system approval; intervention to correct low performance.

    (a) Legislative findings, purpose and intent. –- The Legislature makes the following findings with respect to the process for improving education and its purpose and intent in the enactment of this section:

    (1) The process for improving education includes four primary elements, these being:

    (A) Standards which set forth the knowledge and skills that students should know and be able to do as the result of a thorough and efficient education that prepares them for the twenty-first century, including measurable criteria to evaluate student performance and progress;

    (B) Assessments of student performance and progress toward meeting the standards;

    (C) A system of accountability for continuous improvement defined by high quality standards for schools and school systems articulated by a rule promulgated by the state board and outlined in subsection (c) of this section that will build capacity in schools and districts to meet rigorous outcomes that assure student performance and progress toward obtaining the knowledge and skills intrinsic to a high quality education rather than monitoring for compliance with specific laws and regulations; and

    (D) A method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress.

    (2) As the constitutional body charged with the general supervision of schools as provided by general law, the state board has the authority and the responsibility to establish the standards, assess the performance and progress of students against the standards, hold schools and school systems accountable and assist schools and school systems to build capacity and improve efficiency so that the standards are met, including, when necessary, seeking additional resources in consultation with the Legislature and the Governor.

    (3) As the constitutional body charged with providing 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 knowledge and skills that students should know and be able to do as the result of a thorough and efficient education. This determination is made by using the process for improving education to determine when school improvement is needed, by evaluating the results and the efficiency of the system of schools, by ensuring accountability and by providing for the necessary capacity and its efficient use.

    (4) In consideration of these findings, the purpose of this section is to establish a process for improving education that includes the four primary elements as set forth in subdivision (1) of this subsection to provide assurances that the high quality standards are, at a minimum, being met and that a thorough and efficient system of schools is being provided for all West Virginia public school students on an equal education opportunity basis.

    (5) The intent of the Legislature in enacting this section and section five-c of this article is to establish a process through which the Legislature, the Governor and the state board can work in the spirit of cooperation and collaboration intended in the process for improving education to consult and examine the performance and progress of students, schools and school systems and, when necessary, to consider alternative measures to ensure that all students continue to receive the thorough and efficient education to which they are entitled. However, nothing in this section requires any specific level of funding by the Legislature.

    (b) Electronic county and school strategic improvement plans. -- The state board shall promulgate a rule consistent with the provisions of this section and in accordance with article three-b, chapter twenty-nine-a of this code establishing an electronic county strategic improvement plan for each county board and an electronic school strategic 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 and an analysis of early predictors and indicators to identify at-risk students before the students are off-track for graduation. Data for the analysis shall be provided by the West Virginia Education Information System as part of the Early Warning Indicator and Intervention System. The plan shall include interventions needed to increase the number of students earning a high school diploma. The strategic plan shall be revised annually in each area in which the school or system is below the standard on the annual performance measures. The revised annual plan also shall identify any deficiency which is reported on the check lists identified in paragraph (G), subdivision (5), subsection (l) of this section including any deficit more than a casual deficit by the county board the level of performance for each of the high quality education standards established pursuant to subsection (c) of this section. 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 to all public schools through its website or the West Virginia Education Information System an electronic school strategic improvement plan boilerplate designed for use by all schools to develop an electronic school strategic improvement plan which incorporates all required aspects and satisfies all improvement plan requirements of the No Child Left Behind Act.

    (c) High quality education standards. -- and efficiency standards. In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt and periodically review and update high quality education standards for student, school and school system performance and processes in the following areas:

    (1) Curriculum;

    (2) Workplace readiness skills;

    (3) Finance;

    (4) Transportation;

    (5) Special education;

    (6) Facilities;

    (7) Administrative practices;

    (8) Training of county board members and administrators;

    (9) Personnel qualifications;

    (10) Professional development and evaluation;

    (11) Student performance and progress;

    (12) School and school system performance and progress;

    (13) A code of conduct for students and employees;

    (14) Indicators of efficiency; and

    The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code that establishes high quality education standards to ensure that certain practices, processes and structures create student, school and school system performance and success. The state board shall periodically review and update the rule. The rule shall include standards that address:

    (1) Climate and culture that reflect the core beliefs, personal behaviors, programs, policies and processes that characterize a safe and orderly learning environment whereby all students obtain mastery of the essential knowledge and skills;

    (2) Leadership at the classroom, school and district level that translates into a community of shared values that facilitates organizational improvement and increased student achievement;

    (3) Curriculum, instruction and assessment structures that reflect knowledge of curriculum management, skill in instructional design, including pedagogy and assessment, and an understanding of how technology can enhance curriculum access and delivery to assure

student learning;

    (4) Management systems that require teachers and administrators to work collaboratively on the institutional and organizational variables necessary to support a climate of high expectations for student success;

    (5) Student, family and community support systems that reflect relationships between families, community and the school that reflect authentic partnerships in which communication builds trust in order to address the personal, social, emotional and physical needs of students;

    (6) Continuous improvement that reflects a process of inquiry that is used to plan and implement the change necessary to constantly increase student learning and promote student success;

    (7) Educator development that assures that the professional growth of all educators involves a collaborative approach that supports organizing and delivering effective instruction to all students; and

    (15) (8) Any other areas determined by the state board.

    The standards, as applicable, shall incorporate the state’s 21st Century Skills Initiative and 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) Comprehensive statewide student assessment program. -- The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code establishing a comprehensive statewide student assessment program to assess student performance and progress in grades three through twelve. The state board may require that student proficiencies be measured through the ACT EXPLORE and the ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors. The state board may require that student proficiencies be measured through the West Virginia writing assessment at any of the grade levels four, seven and ten determined by the state board to be appropriate: Provided, That effective July 1, 2008, the state board may require that student proficiencies be measured through the West Virginia writing assessment at any of the grade levels four, seven and eleven determined by the state board to be appropriate. The state board may provide through the statewide assessment program other optional testing or assessment instruments applicable to grade levels kindergarten through grade twelve which may be used by each school to promote student achievement upon approval by the school curriculum team or the process for teacher collaboration to improve instruction and learning established by the faculty senate as provided in section six, article five-a of this chapter. The state board shall annually publish and make available, electronically or otherwise, to school curriculum teams and teacher collaborative processes the optional testing and assessment instruments. The failure of a school to use any optional testing and assessment may not be cited as a deficiency in any accreditation review of the school; nor may the exercise of its discretion, as provided in section six, article five-a of this chapter, in using the assessments and implementing the instructional strategies and programs that it determines best to promote student achievement at the school be cited as a deficiency in any accreditation review of the school or in the personnel evaluation of the principal. The use of assessment results are subject to the following:

    (1) The assessment results for grade levels three through eight and eleven are the only assessment results which may be used for determining whether any school or school system has made adequate yearly progress (AYP);

    (2) Only the assessment results in the subject areas of reading/language arts and mathematics may be used for determining whether a school or school system has made adequate yearly progress (AYP);

    (3) The results of the West Virginia writing assessment, the ACT EXPLORE assessments and the ACT PLAN assessments may not be used for determining whether a school or school system has made adequate yearly progress (AYP);

    (4) The results of testing or assessment instruments provided by the state board for optional use by schools and school systems to promote student achievement may not be used for determining whether a school or school system has made adequate yearly progress (AYP); and

    (5) All assessment provisions of the comprehensive statewide student assessment program in effect for the school year 2006-2007 shall remain in effect until replaced by the state board rule.

    (e) Annual performance measures for Public Law 107-110, the Elementary and Secondary Education Act of 1965, as amended (No Child Left Behind Act of 2001). -- The standards shall include annual measures of student, school and school system performance and progress for the grade levels and the content areas defined by the act. The following annual measures of student, school and school system performance and progress shall be the only measures for determining whether adequately yearly progress under the No Child Left Behind Act has been achieved:

    (1) The acquisition of student proficiencies as indicated by student performance and progress on the required accountability assessments at the grade levels and content areas as required by the act subject to the limitations set forth in subsection (d) of this section.

    (2) The student participation rate in the uniform statewide assessment must be at least ninety-five percent or the average of the participation rate for the current and the preceding two years is ninety-five percent for the school, county and state;

    (3) Only for schools that do not include grade twelve, the school attendance rate which shall be no less than ninety percent in attendance for the school, county and state. The following absences are excluded:

    (A) Student absences excused in accordance with the state board rule promulgated pursuant to section four, article eight of this chapter;

    (B) Students not in attendance due to disciplinary measures; and

    (C) Absent students for whom the attendance director has pursued judicial remedies compelling attendance to the extent of his or her authority; and

    (4) The high school graduation rate which shall be no less than eighty ninety percent for the school, county and state; or if the high school graduation rate is less than eighty ninety percent, the high school graduation rate shall be higher than the high school graduation rate of the preceding year as determined from information on the West Virginia Education Information System on August 15 decrease annually by one-tenth the difference between the graduation rate from the previous school year and ninety percent or shall decrease the difference between the graduation rate and ninety percent at least one-tenth per year over a three-year average.

    (f) State annual performance measures for school and school system accreditation. -- The state board shall establish a system to assess and weigh annual performance measures for state accreditation of schools and school systems in a manner that includes a growth model for expected growth over the previous year as a way to achieve full accreditation and a system that gives credit or points such as an index to prevent any one measure alone from causing a school to achieve less than full accreditation status or a school system from achieving less than full approval status: Provided, That a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status, as applicable, and the system established pursuant to this subsection applies only to schools and school systems that do not achieve adequate yearly progress.

    The following types of measures, as may be appropriate at the various programmatic levels, may be approved by the state board for the school and school system accreditation:

    (1) The acquisition of student proficiencies as indicated by student performance and progress on the uniform statewide assessment program at the grade levels as provided in subsection (d) of this section. The state board may approve providing bonus points or credits for students scoring at or above mastery and distinguished levels;

    (2) Writing assessment results in grades tested;

    (3) School attendance rates;

    (4) Percentage of courses taught by highly qualified teachers;

    (5) Percentage of students scoring at benchmarks on the currently tested ACT EXPLORE and ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors;

    (6) Graduation rates;

    (7) Job placement rates for vocational programs;

    (8) Percent of students passing end-of-course career/technical tests;

    (9) Percent of students not requiring college remediation classes; and

    (10) Bonus points or credits for subgroup improvement, advanced placement percentages, dual credit completers and international baccalaureate completers.

    (g) 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.

    (h) Indicators of efficiency. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt by rule and periodically review and update indicators of efficiency for use by the appropriate divisions within the department to ensure efficient management and use of resources in the public schools in the following areas:

    (1) Curriculum delivery including, but not limited to, the use of distance learning;

    (2) Transportation;

    (3) Facilities;

    (4) Administrative practices;

    (5) Personnel;

    (6) Use 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.

    (i) Assessment and accountability of school and school system performance and processes. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall establish by rule a system of education performance audits which measures the quality of education and the preparation of students based on the annual measures of student, school and school system performance and progress. The system of education performance audits shall provide information to the state board, the Legislature and the Governor, individually and collectively as the Process for Improving Education Council, upon which they may determine whether a thorough and efficient system of schools is being provided. The system of education performance audits shall include:

    (1) The assessment of student, school and school system performance and progress based on the annual measures set forth in subsection (d) of this section;

    (2) The evaluation of records, reports and other information collected by the department upon which the quality of education and compliance with statutes, policies and standards may be determined;

    (3) The review of school and school system electronic strategic improvement plans; and

    (4) The on-site review of the processes in place in schools and school systems to enable school and school system performance and progress and compliance with the standards.

    (j) Uses of school and school system assessment information. -- The state board and the Process for Improving Education Council established pursuant to section five-c of this article shall use information from the system of education performance audits to assist them in ensuring that a thorough and efficient system of schools is being provided and to improve student, school and school system performance and progress. Information from the system of education performance audits further shall be used by the state board for these purposes, including, but not limited to, the following:

    (1) Determining school accreditation and school system approval status;

    (2) Holding schools and school systems accountable for the efficient use of existing resources to meet or exceed the standards; and

    (3) Targeting additional resources when necessary to improve performance and progress.

    The state board shall make accreditation information available to the Legislature, the Governor, the general public and to any individual who requests the information, subject to the provisions of any act or rule restricting the release of information.

    (k) 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.

    (l) Office of Education Performance Audits. --

    (1) To assist the state board and the Process for Improving Education Council in the operation of a system of education performance audits, the state board shall establish an Office of Education Performance Audits consistent with the provisions of this section. The Office of Education Performance Audits shall be operated under the direction of the state board independently of the functions and supervision of the State Department of Education and State Superintendent. The Office of Education Performance Audits shall report directly to and be responsible to the state board and the Process for Improving Education Council created in section five-c of this article in carrying out its duties under the provisions of this section.

    (2) The office shall be headed by a director who shall be appointed by the state board and who shall serve at the will and pleasure of the state board. The annual salary of the director shall be set by the state board and may not exceed eighty percent of the salary cap of the State Superintendent of Schools.

    (3) The state board shall organize and sufficiently staff the office to fulfill the duties assigned to it by law and by the state board. Employees of the State Department of Education who are transferred to the Office of Education Performance Audits shall retain their benefits and seniority status with the Department of Education.

    (4) Under the direction of the state board, the Office of Education Performance Audits shall receive from the West Virginia education information system staff research and analysis data on the performance and progress of students, schools and school systems, and shall receive assistance, as determined by the state board, from staff at the State Department of Education, the regional education service agencies, the Center for Professional Development, the Principals Academy and the School Building Authority to carry out the duties assigned to the office.

    (5) In addition to other duties which may be assigned to it by the state board or by statute, the Office of Education Performance Audits also shall:

    (A) Assure that all statewide assessments of student performance used as annual performance measures are secure as required in section one-a of this article;

    (B) Administer all accountability measures as assigned by the state board, including, but not limited to, the following:

    (i) Processes for the accreditation of schools and the approval of school systems; and

    (ii) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action;

    (C) Determine, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the state board and recommend to the state board and the Process for Improving Education Council plans to establish those needed capacities;

    (D) Determine, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity of schools and school systems to meet the standards established by the state board, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the state board and the Process for Improving Education Council;

    (E) Determine, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the state board and make recommendations to the state board, the Process for Improving Education Council, the Center for Professional Development, the regional educational service agencies, the Higher Education Policy Commission and the county boards;

    (F) Identify, in conjunction with the assessment and accountability processes, exemplary schools and school systems and best practices that improve student, school and school system performance and make recommendations to the state board and the Process for Improving Education Council for recognizing and rewarding exemplary schools and school systems and promoting the use of best practices. The state board shall provide information on best practices to county school systems and shall use information identified through the assessment and accountability processes to select schools of excellence; and

    (G) Develop reporting formats, such as check lists, which shall be used by the appropriate administrative personnel in schools and school systems to document compliance with various of the applicable laws, policies and process standards as considered appropriate and approved by the state board, including, but not limited to, the following:

    (i) The use of a policy for the evaluation of all school personnel that meets the requirements of sections twelve and twelve-a, article two, chapter eighteen-a of this code;

    (ii) The participation of students in appropriate physical assessments as determined by the state board, which assessment may not be used as a part of the assessment and accountability system;

    (iii) The appropriate licensure of school personnel; and

    (iv) The school provides multicultural activities.

    Information contained in the reporting formats is subject to examination during an on-site review to determine compliance with laws, policies and standards. Intentional and grossly negligent reporting of false information are grounds for dismissal.

    (m) On-site reviews. --

    (1) The system of education performance audits shall include on-site reviews of schools and school systems which shall be conducted only at the specific direction of the state board upon its determination that the performance and progress of the school or school system are persistently below standard or that other circumstances exist that warrant an on-site review. Any discussion by the state board of schools to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in executive session and is not subject to the provisions of article nine-a, chapter six of this code relating to open governmental proceedings. An on-site review shall be conducted by the Office of Education Performance Audits of a school or school system for the purpose of investigating the reasons for performance and progress that are persistently below standard and making recommendations to the school and school system, as appropriate, and to the state board on such measures as it considers necessary to improve performance and progress to meet the standard. The investigation may include, but is not limited to, the following:

    (A) Verifying data reported by the school or county board;

    (B) Examining compliance with the laws and policies affecting student, school and school system performance and progress;

    (C) Evaluating the effectiveness and implementation status of school and school system electronic strategic 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 a health department, the School Building Authority and the responsible divisions within the Department of Education, and whether noted deficiencies have been or are in the process of being corrected. The Office of Education Performance Audits may not conduct a duplicate review or inspection of any compliance reviews or inspections conducted by the department or its agents or other duly authorized agencies of the state, nor may it mandate more stringent compliance measures.

    (2) The Director of the Office of Education Performance Audits shall notify the county superintendent of schools five school days prior to commencing an on-site review of the county school system and shall notify both the county superintendent and the principal five school days before commencing an on-site review of an individual school: Provided, That the state board may direct the Office of Education Performance Audits to conduct an unannounced on-site review of a school or school system if the state board believes circumstances warrant an unannounced on-site review.

    (3) The Office of Education Performance Audits shall conduct on-site reviews which are limited in scope to specific areas in which performance and progress are persistently below standard as determined by the state board unless specifically directed by the state board to conduct a review which covers additional areas.

    (4) An on-site review of a school or school system shall include a person or persons from the department of education or a public education agency in the state who has expert knowledge and experience in the area or areas to be reviewed and who has been trained and designated by the state board to perform such functions. If the size of the school or school system and issues being reviewed necessitate the use of an on-site review team or teams, the person or persons designated by the state board shall advise and assist the director to appoint the team or teams. The person or persons designated by the state board shall be the team leaders.

    The persons designated by the state board shall be responsible for completing the report on the findings and recommendations of the on-site review in their area of expertise. It is the intent of the Legislature that the persons designated by the state board participate in all on-site reviews that involve their area of expertise, to the extent practicable, so that the on-site review process will evaluate compliance with the standards in a uniform, consistent and expert manner.

    (5) The Office of Education Performance Audits shall reimburse a county board for the costs of substitutes required to replace county board employees while they are serving on a review team.

    (6) At the conclusion of an on-site review of a school system, the director and team leaders shall hold an exit conference with the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining to their respective schools. In the case of an on-site review of a school, the exit conference shall be held with the principal and curriculum team of the school and the superintendent shall be provided the opportunity to be present. The purpose of the exit conference is to review the initial findings of the on-site review, clarify and correct any inaccuracies and allow the opportunity for dialogue between the reviewers and the school or school system to promote a better understanding of the findings.

    (7) The Office of Education Performance Audits shall report the findings of an on-site review to the county superintendent and the principals whose schools were reviewed within thirty days following the conclusion of the on-site review. The Office of Education Performance Audits shall report the findings of the on-site review to the state board within forty-five days after the conclusion of the on-site review. A copy of the report shall be provided to the Process for Improving Education Council at its request. A school or county that believes one or more findings of a review are clearly inaccurate, incomplete or misleading, misrepresent or fail to reflect the true quality of education in the school or county or address issues unrelated to the health, safety and welfare of students and the quality of education, may appeal to the state board for removal of the findings. The state board shall establish a process for it to receive, review and act upon the appeals. The state board shall report to the Legislative Oversight Commission on Education Accountability during its July interim meetings, or as soon thereafter as practical, on each appeal during the preceding school year.

    (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 counterproductive 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.

    (n) 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, distinction accreditation status, full accreditation status, temporary accreditation status, conditional accreditation status or low performing accreditation status.

    (1) Full accreditation status shall be given to a school when the school’s performance and progress meet or exceed the standards adopted by the state board pursuant to subsection (e) or (f), as applicable, of this section and it does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A school that meets or exceeds the performance and progress standards but has the other deficiencies shall remain on full accreditation status for the remainder of the accreditation period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.

    (2) Temporary accreditation status shall be given to a school when the school’s performance and progress are below the level required for full accreditation status. Whenever a school is given temporary accreditation status, the county board shall ensure that the school’s electronic strategic improvement plan is revised in accordance with subsection (b) of this section to increase the performance and progress of the school to a full accreditation status level. The revised plan shall be submitted to the state board for approval.

    (3) Conditional accreditation status shall be given to a school when the school’s performance and progress are below the level required for full accreditation, but the school’s electronic strategic improvement plan meets the following criteria:

    (A) The plan has been revised to improve performance and progress on the standard or standards by a date or dates certain;

    (B) The plan has been approved by the state board; and

    (C) The school is meeting the objectives and time line specified in the revised plan.

    (4) Exemplary accreditation status shall be given to a school when the school’s performance and progress substantially exceed the standards adopted by the state board pursuant to subsections (f) and (g) of this section. The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code designated to establish standards of performance and progress to identify exemplary schools.

    (5) Distinction accreditation status shall be given to a school when the school’s performance and progress exceed the standards adopted by the state board. The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code establishing standards of performance and progress to identify schools of distinction.

    (6) Low-performing accreditation status shall be given to a school whenever extraordinary circumstances exist as defined by the state board.

    (A) These circumstances shall include, but are not limited to, any one or more of the following:

    (i) The failure of a school on temporary accreditation status to obtain approval of its revised electronic school strategic 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 electronic school strategic improvement plan;

    (iii) The failure of a school to meet a standard by the date specified in the revised plan; and

    (iv) The results of the most recent statewide assessment in reading and math or other multiple measures as determined by the state board that identify the school as low performing at its programmatic level. in three of the last five years

    (B) Whenever the state board determines that the quality of education in a school is low performing, the state board shall appoint a team of improvement consultants from the West Virginia Department of Education State System of Support to make recommendations for correction of the low performance. These recommendations shall be communicated to the county board and a process shall be established in conjunction with the State System of Support to correct the identified deficiencies. If progress in correcting the low performance as determined by the state board is not made within one year six months, following the implementation of the measures adopted to correct the identified deficiencies, or by a date certain established by the state board after at least one year of implementation 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 low performance.

    (C) If the progress to address the identified measures to correct low performance is not corrected by a date certain as set by the state board made within six months:

    (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 progress to address the identified measures to correct low performance is not corrected made within one year six months 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 low performance 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 low performance, 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 low performance 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 is 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) (IV) 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.

    (o) Transfers from low-performing schools. -- Whenever a school is determined to be low performing and fails to improve its status within one year, following state intervention in the operation of the school to correct the low performance, 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.

    (p) School system approval. -- The state board annually shall review the information submitted for each school system from the system of education performance audits and issue one of the following approval levels to each county board: Full approval, temporary approval, conditional approval or nonapproval.

    (1) Full approval shall be given to a county board whose schools have all been given full, temporary or conditional accreditation status and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A fully approved school system in which other deficiencies are discovered shall remain on full accreditation status for the remainder of the approval period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.

    (2) Temporary approval shall be given to a county board whose education system is below the level required for full approval. Whenever a county board is given temporary approval status, the county board shall revise its electronic county strategic improvement plan in accordance with subsection (b) of this section to increase the performance and progress of the school system to a full approval status level. The revised plan shall be submitted to the state board for approval. Temporary approval status shall stay in effect until the county board revises the electronic county strategic improvement plan and the plan is approved by the state board.

    (3) Conditional approval shall be given to a county board whose education system is below the level required for full approval. but whose electronic county strategic improvement plan meets the following criteria:

    (i) The plan has been revised in accordance with subsection (b) of this section;

    (ii) The plan has been approved by the state board; and     (iii) The county board is meeting the objectives and time line specified in the revised plan. Conditional approval shall be given upon state board approval of the electronic county strategic improvement plan and shall stay in effect until full approval is attained.

    (4) Nonapproval status shall be given to a county board which fails to submit and gain approval for its electronic county strategic improvement plan or revised electronic county strategic 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 electronic county strategic improvement plan or fails to achieve full approval by the date specified in the revised plan.

    (A) The state board shall establish and adopt additional standards to identify school systems in which the program may be nonapproved and the state board may issue nonapproval status whenever extraordinary circumstances exist as defined by the state board.

    (B) Whenever a county board has more than a casual deficit, as defined in section one, article one of this chapter, the county board shall submit a plan to the state board specifying the county board’s strategy for eliminating the casual deficit. The state board either shall approve or reject the plan. If the plan is rejected, the state board shall communicate to the county board the reason or reasons for the rejection of the plan. The county board may resubmit the plan any number of times. However, any county board that fails to submit a plan and gain approval for the plan from the state board before the end of the fiscal year after a deficit greater than a casual deficit occurred or any county board which, in the opinion of the state board, fails to comply with an approved plan may be designated as having nonapproval status.

    (C) Whenever nonapproval status is given to a school system, the state board shall declare a state of emergency in the school system and shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the emergency. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the emergency, as determined by the state board, is not made within six months from the time the county board receives the recommendations, the state board shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, the following:

    (i) Limiting the authority of the county superintendent and county board as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the state board by rule, which may include delegating decision-making authority regarding these matters to the State Superintendent;

    (ii) Declaring that the office of the county superintendent is vacant;

    (iii) Delegating to the State Superintendent both the authority to conduct hearings on personnel matters and school closure or consolidation matters and, subsequently, to render the resulting decisions and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the State Superintendent the authority to render the resulting decisions;

    (iv) Functioning in lieu of the county board of education in a transfer, sale, purchase or other transaction regarding real property; and

    (v) Taking any direct action necessary to correct the emergency including, but not limited to, the following:

    (I) Delegating to the State Superintendent the authority to replace administrators and principals in low performing schools and to transfer them into alternate professional positions within the county at his or her discretion and to transfer principals district-wide, if necessary, to effect district improvement; 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;

    (q) 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 (p) 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.

    (r) Capacity. -–

    (1) The process for improving education includes a process for targeting resources strategically to improve the teaching and learning process. Development of electronic school and school system strategic 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 electronic strategic 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.

    (2)(A) A county board given temporary, conditional or nonapproval status shall revise its electronic county strategic 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 county board shall meet the objectives and time line specified in the revised plan. The revised plan shall be submitted to the state board for approval.

    (B) A county board given temporary, conditional or nonapproval status shall be designated as a member of Educational Opportunity Zone 180. A member of the Educational Opportunity Zone 180 shall meet the following requirements:

    (i) Members of the county board shall attend a five-day training designed by the West Virginia School Board Association;

    (ii) The county superintendent and the county leadership team shall attend training designed by the West Virginia Department of Education in conjunction with the West Virginia School Board Association for no less than five days;

    (iii) The county leadership team shall meet monthly with the State System of Support to review progress on the revised electronic county strategic improvement plan;

    (iv) The county board shall examine various strategies to bring the county to full approval including, but not limited to, instituting year-round education, engaging external support partners to intervene in low-performing schools, applying for waiver of statute, rule or policy to address flexibility and capacity to meet identified deficiencies, reorganizing central office roles and responsibilities, examining the current staffing patterns of the county to assess the critical human resource needs of low-performing schools, instituting an efficiency audit in conjunction with the Division of Student Services of the West Virginia department of education, creating or revising standard operating procedures of the district, and other strategies collaboratively agreed upon with the State System of Support.

    (3) 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) (A) Examining reports and electronic strategic 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) (B) 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 and requiring the school or school system to work collaboratively with the West Virginia Department of Education State System of Support to correct the deficiencies;

    (3) (C) 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) (D) Requesting technical assistance from the School Building Authority in assessing or designing comprehensive educational facilities plans;

    (5) (E) Recommending priority funding from the School Building Authority based on identified needs;

    (6) (F) 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) (G) Submitting requests to the Legislature for appropriations to meet the identified needs for improving education;

    (8) (H) Directing county boards to target their funds strategically toward alleviating deficiencies;

    (9) (I) Ensuring that the need for facilities in counties with increased enrollment are appropriately reflected and recommended for funding;

    (10) (J) Ensuring that the appropriate person or entity is held accountable for eliminating deficiencies; and

    (11) (K) 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.

§18-5-17. Kids First compulsory comprehensive health screening; developmental screening for children under compulsory school age.

    (a) Prior to January 1, 2013, all children entering public school for the first time in this state shall be given prior to their enrollments screening tests to determine if they might have vision or hearing impairments or speech and language disabilities. County boards of education may provide, upon request, such the screening tests to all children entering nonpublic school. County boards of education shall conduct these screening tests for all children through the use of trained personnel. Parents or guardians of children who are found to have vision or hearing impairments or speech and language disabilities shall be notified of the results of these tests and advised that further diagnosis and treatment of the impairments or disabilities by qualified professional personnel is recommended.

    (b) Effective January 1, 2013:

    (1) Students entering public school for the first time in this state, students entering third grade, students entering sixth grade and students entering ninth grade are required to have a comprehensive health screening. Parents or guardians shall provide appropriate documentation of a comprehensive health screening within forty-five days of a student’s entering public school for the first time in this state or within forty-five days of a student’s entering third, sixth or ninth grade, as applicable.

    (2) For the purposes of this section, “comprehensive health screening” means a screening protocol developed by the state board in consultation with the Department of Health and Human Resources that includes, but is not limited to, hearing, vision, speech, language, current health indicators and growth development.

    (3) County boards shall:

    (A) Coordinate with parents or guardians and community health care providers to ensure that the requirements of this subsection are communicated to all parties;

    (B) Enter all comprehensive health screening data in the West Virginia Education Information System; and 

    (C) Coordinate with parents or guardians and community health care providers to ensure that suspected deficits identified through a comprehensive health screening are addressed through referral to specialty healthcare providers, county board student support services or both.

    (b) (c) County boards of education shall provide or contract with appropriate health agencies to provide, upon the request of a parent or guardian residing within the district, developmental screening for their child or children under compulsory school attendance age: Provided, That a county board is not required to provide such developmental screening to the same child more than once in any one school year. Effective January 1, 2013, a county board shall provide developmental screening for a child only if a comprehensive health screening identifies a suspected deficit. Developmental screening is the process of measuring the progress of children to determine if there are problems or potential problems or advanced abilities in the areas of understanding language, perception through sight, perception through hearing, motor development and hand-eye coordination, health, and psycho-social or physical development. The boards shall coordinate the provision of developmental screening with other public agencies and the interagency plan for exceptional children under section eight, article twenty of this chapter to avoid the duplication of services and to facilitate the referral of children and their parents or guardians who need other services. The county boards shall provide notice to the public of the availability of these services.

    (c) (d) The state Board of Education is hereby authorized to board may promulgate rules consistent with this section. The State Superintendent is directed to apply for federal funds, if available, for the implementation of the requirements of this section.

ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.

§18-5A-5. Public school faculty senates established; election of officers; powers and duties.

    (a) There is established at every public school in this state a faculty senate which is comprised of all permanent, full-time professional educators employed at the school who shall all be voting members. Professional educators, as used in this section, means professional educators as defined in chapter eighteen-a of this code. A quorum of more than one half of the voting members of the faculty shall be present at any meeting of the faculty senate at which official business is conducted. Prior to the beginning of the instructional term each year, but within the employment term, the principal shall convene a meeting of the faculty senate to elect a chair, vice chair and secretary and discuss matters relevant to the beginning of the school year. The vice chair shall preside at meetings when the chair is absent. Meetings of the faculty senate shall be held during the times provided in accordance with subdivision (12), subsection (b) of this section as determined by the faculty senate. Emergency meetings may be held during noninstructional time at the call of the chair or a majority of the voting members by petition submitted to the chair and vice chair. An agenda of matters to be considered at a scheduled meeting of the faculty senate shall be available to the members at least two employment days prior to the meeting. For emergency meetings the agenda shall be available as soon as possible prior to the meeting. The chair of the faculty senate may appoint such committees as may be desirable to study and submit recommendations to the full faculty senate, but the acts of the faculty senate shall be voted upon by the full body.

    (b) In addition to any other powers and duties conferred by law, or authorized by policies adopted by the state or county board of education or bylaws which may be adopted by the faculty senate not inconsistent with law, the powers and duties listed in this subsection are specifically reserved for the faculty senate. The intent of these provisions is neither to restrict nor to require the activities of every faculty senate to the enumerated items except as otherwise stated. Each faculty senate shall organize its activities as it deems most effective and efficient based on school size, departmental structure and other relevant factors.

    (1) Each faculty senate shall control funds allocated to the school from legislative appropriations pursuant to section nine, article nine-a of this chapter. From such funds, each classroom teacher and librarian shall be allotted $100 for expenditure during the instructional year for academic materials, supplies or equipment which, in the judgment of the teacher or librarian, will assist him or her in providing instruction in his or her assigned academic subjects or shall be returned to the faculty senate: Provided, That nothing contained herein prohibits the funds from being used for programs and materials that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the problems of students at-risk. The remainder of funds shall be expended for academic materials, supplies or equipment in accordance with a budget approved by the faculty senate. Notwithstanding any other provisions of the law to the contrary, funds not expended in one school year are available for expenditure in the next school year: Provided, however, That the amount of county funds budgeted in a fiscal year may not be reduced throughout the year as a result of the faculty appropriations in the same fiscal year for such materials, supplies and equipment. Accounts shall be maintained of the allocations and expenditures of such funds for the purpose of financial audit. Academic materials, supplies or equipment shall be interpreted broadly, but does not include materials, supplies or equipment which will be used in or connected with interscholastic athletic events.

    (2) (A) A faculty senate may establish a process for faculty members to interview new prospective professional educators and select the faculty senate member of the committee established in subdivision (2), subsection (d), section seven-a, article four, chapter eighteen-a of this code.

    (B) A faculty senate may establish a process for faculty members to interview new paraprofessional employees at the school and submit recommendations regarding employment to the principal, who may also make independent recommendations, for submission to the county superintendent: Provided, That such process shall be chaired by the school principal and must permit the timely employment of persons to perform necessary duties.

    (3) A faculty senate may nominate teachers for recognition as outstanding teachers under state and local teacher recognition programs and other personnel at the school, including parents, for recognition under other appropriate recognition programs and may establish such programs for operation at the school.

    (4) A faculty senate may submit recommendations to the principal regarding the assignment scheduling of secretaries, clerks, aides and paraprofessionals at the school.

    (5) A faculty senate may submit recommendations to the principal regarding establishment of the master curriculum schedule for the next ensuing school year.

    (6) A faculty senate may establish a process for the review and comment on sabbatical leave requests submitted by employees at the school pursuant to section eleven, article two of this chapter.

    (7) Each faculty senate shall elect three faculty representatives to the local school improvement council established pursuant to section two of this article.

    (8) Each faculty senate may nominate a member for election to the county staff development council pursuant to section eight, article three, chapter eighteen-a of this code.

    (9) Each faculty senate shall have an opportunity to make recommendations on the selection of faculty to serve as mentors for beginning teachers under beginning teacher internship programs at the school.

    (10) A faculty senate may solicit, accept and expend any grants, gifts, bequests, donations and any other funds made available to the faculty senate: Provided, That the faculty senate shall select a member who has the duty of maintaining a record of all funds received and expended by the faculty senate, which record shall be kept in the school office and is subject to normal auditing procedures.

    (11) Any faculty senate may review the evaluation procedure as conducted in their school to ascertain whether the evaluations were conducted in accordance with the written system required pursuant to section twelve, article two, chapter eighteen-a of this code and the general intent of this Legislature regarding meaningful performance evaluations of school personnel. If a majority of members of the faculty senate determine that such evaluations were not so conducted, they shall submit a report in writing to the State Board of Education: Provided, That nothing herein creates any new right of access to or review of any individual's evaluations.

    (12) A local board shall provide to each faculty senate a two-hour block of time for a faculty senate meeting on a day scheduled for the opening of school prior to the beginning of the instructional term, and a two-hour block of time on each instructional support and enhancement day scheduled by the board for instructional activities for students and professional activities for teachers pursuant to section forty-five, article five of this chapter. A faculty senate may meet for an unlimited block of time per month during noninstructional days to discuss and plan strategies to improve student instruction and to conduct other faculty senate business. A faculty senate meeting scheduled on a noninstructional day shall be considered as part of the purpose for which the noninstructional day is scheduled. This time may be utilized and determined at the local school level and includes, but is not limited to, faculty senate meetings.

    (13) Each faculty senate shall develop a strategic plan to manage the integration of special needs students into the regular classroom at their respective schools and submit the strategic plan to the superintendent of the county board of education periodically pursuant to guidelines developed by the State Department of Education. Each faculty senate shall encourage the participation of local school improvement councils, parents and the community at large in developing the strategic plan for each school.

    Each strategic plan developed by the faculty senate shall include at least: (A) A mission statement; (B) goals; (C) needs; (D) objectives and activities to implement plans relating to each goal; (E) work in progress to implement the strategic plan; (F) guidelines for placing additional staff into integrated classrooms to meet the needs of exceptional needs students without diminishing the services rendered to the other students in integrated classrooms; (G) guidelines for implementation of collaborative planning and instruction; and (H) training for all regular classroom teachers who serve students with exceptional needs in integrated classrooms.

ARTICLE 5D. CHARTER INNOVATION ZONE 2.0 SCHOOLS.

§18-5D-1. Definitions.

    Unless the context clearly requires a different meaning, as used in this article:

    (1) “Authorizer” means the state board.

    (2) “Commission” means the Charter Innovation Zone 2.0 Schools Commission.

    (3) “Council” means the site-based governance council of a Charter Innovation Zone 2.0 School.

    (4) “Charter Innovation Zone 2.0 School” or “authorized school” means a public school or a subdivision of a public school that:

    (A) Has autonomy over decisions including, but not limited to, matters concerning finance, staff selection, scheduling, curriculum and instruction;

    (B) Is governed by a council;

    (C) Is established and operating under the terms of a charter between the school’s council and its authorizer;

    (D) Is a school to which parents choose to send their children;

    (E) Is a school that admits students on the basis of a lottery if more students apply for admission than can be accommodated;

    (F) Provides a program of education for any grade or grades from kindergarten through twelfth grade;

    (G) Operates in pursuit of a specific set of educational objectives as defined in its charter; and

    (H) Operates under the oversight of its authorizer in accordance with its charter.

    (5) “Nonauthorized school” is a public school that is not an authorized school.

    (6) “Sponsor” means the entity that files an application to be a Charter Innovation Zone 2.0 School in accordance with the provisions of this article. Sponsors may include a public school, a group of existing public schools, a subdivision of a public school, a public higher education institution in partnership with a public school or group of public schools, or a county board.

§18-5D-2. Legislative findings and purpose.

    (a) The Legislature finds that:

    (1) It is in the best interest of the people of the state to provide all children with public schools that reflect high expectations;

    (2) Education reform is necessary to strengthen the performance of elementary and secondary public school students;

    (3) Those who know students best, their parents and educators, make the best education decisions regarding the students;

    (4) Parents and educators have a right and a responsibility to participate in the education institutions which serve them;

    (5) Different students learn differently and public school programs should be customized to fit the needs of individual students; and

    (6) Certain parents, educators and other citizens in the state are willing and able to offer educational programs but lack a channel through which they can direct their efforts.

    (b) The purpose of this article is:

    (1) To close achievement gaps between high-performing and low-performing groups of public school students;

    (2) To increase high-quality educational opportunities within the public education system for all students;

    (3) To create new professional opportunities for teachers, school administrators and other school personnel that allow them to have a direct voice in the operation of their schools and to create a culture of shared decision-making toward the ultimate goal of raising student achievement;

    (4) To encourage the use of different, high-quality models of teaching, governing, scheduling or other aspects of schooling that meet a variety of student needs;

    (5) To allow public schools freedom and flexibility in exchange for exceptional levels of results-driven accountability;

    (6) To provide students, parents, community members and local entities with expanded opportunities for involvement in the public education system; and

    (7) To encourage the replication of successful Charter Innovation Zone 2.0 Schools.

§18-5D-3. General provisions.

    (a) All Charter Innovation Zone 2.0 Schools established under this article are public schools and are part of the state’s public education system.

    (b) The state board may not cap the number of schools authorized under this article.

    (c) A school authorized under this article shall be part of the school district in which the school is located.

    (d) The provisions of this article shall be interpreted, construed and administered liberally to accomplish the purposes set forth in section two of this article and to advance a commitment by the state to the mission, goals and diversity of public education.

§18-5D-4. Autonomy of authorized school.

    (a) The sponsor, the authorizer and the site-based governance council shall encourage an authorized school to create a culture of shared decision-making toward the ultimate goal of raising student achievement.

    (b) An authorized school may have autonomy regarding certain elements of governance and instruction. In accordance with its charter, the authorized school may:

    (1) Determine the learning model of the school, which shall be aligned with the objectives of the West Virginia Department of Education;

    (2) Determine the school’s leadership model that shall include a principal as well as groups of teacher leaders;

    (3) Select and structure curriculum, instructional practices, professional development and formative assessment practices aligned with the objectives of the West Virginia Department of Education: Provided, That the school may not be exempt from assessments mandated by federal, state or county requirements;

    (4) Create family involvement programs that assure strong parental input and access;

    (5) Create student policies including promotion, attendance and discipline policies: Provided, That the school shall comply with sections one-a and one-b, article five, chapter eighteen-a of this code regarding the expulsion of students.

    (6) Determine the length of school day and year, preparation time or other related areas, subject to county board approval;

    (7) Plan and manage the budget for the school;

    (8) Recommend the selection of classroom teachers or other professional personnel employed at the school; and

    (9) Determine any other autonomies stipulated in the application, other than section seven, article two, chapter eighteen-a of this code and sections seven-a, seven-b, eight and eight-b, article four, chapter eighteen-a of this code, necessary to increase student learning and further the goals of the school.

§18-5D-5. Application development and process.

    (a) A sponsor may apply for authorization as a Charter Innovation Zone 2.0 School. Before submitting an application, the sponsor shall undergo a one-year planning process to develop the application. The state board shall offer technical assistance to all sponsors during the planning process. The technical assistance shall include, but not be limited to, a review of state statutes and state board rules, the creation of a core founding group, access to experts and the design of a comprehensive school plan. Sponsors may obtain available funding from state and federal planning grants, private foundation grants and corporate grants.

    (b) The state board shall develop, through rule, an application process that encompasses at least the following:

    (1) The manner, time and process for the submission of a Charter Innovation Zone 2.0 School application; and

    (2) The contents of the application, including:

    (A) A detailed plan for education, including the mission, goals, objectives and strategies for improving student learning;

    (B) Performance criteria to be used to measure student learning and achievement of state goals;

    (C) Student admissions procedures, including the ways by which the school will achieve socioeconomic, racial and ethnic diversity, and student dismissal procedures;

    (D) A plan for the governance, administration and operation of the Charter Innovation Zone 2.0 School including the composition of the site-based governance council, the manner in which the council will be selected, and provisions for involvement of parents, professional personnel and community members in the governance and operation of the Charter Innovation Zone 2.0 School;

    (E) A description of the facilities that will house the authorized school and under what terms and conditions they are to be provided;

    (F) The services to be provided by the county board and the services to be provided by third parties and a memorandum of understanding signed by the sponsor and the county board which shall specify the roles, powers and responsibilities of each entity.  The memorandum of understanding shall address, but is not limited to, transportation and facilities maintenance provided by the county board;

    (G) The procedures to be followed to ensure the health and safety of students and staff;

    (H) A financial plan including a proposed budget and the manner in which the funds will be managed in accordance with the required accounting procedures for public schools;

    (I) An agreement to provide an annual report to parents, the community and the county board indicating demographic information about the student body, staff credentials, student turnover rate, educational program, student performance on state assessments, sources of revenue and financial accounting of expenditures;

    (J) A plan for evaluating the effectiveness of the school and progress made toward achieving the school goals; and

    (K) The proposed bylaws of the school.

§18-5D-6. Charter Innovation Zone 2.0 School Commission; members; powers and duties.

    (a) The Charter Innovation Zone 2.0 School Commission is hereby created.

    (b) The commission consists of the following members:

    (1) One member of the state board, who serves as chair, appointed by the state board;

    (2) One professional educator who shall be a classroom teacher, appointed by the state board from a list of two to four nominees provided by the State Superintendent;

    (3) One county superintendent, appointed by the state board from a list of two to four nominees provided by the State Superintendent;

    (4) One school principal, appointed by the state board from a list of two to four nominees provided by the State Superintendent;

    (5) One representative of business, appointed by the state board from a list of two to four nominees provided by the State Superintendent;

    (6) One citizen member, preferably a member of a Local School Improvement Council, appointed by the state board from a list of two to four nominees provided by the State Superintendent;

    (7) One representative of the West Virginia Community and Technical College System, appointed by the state board from a list of two to four nominees provided by the Council for Community and Technical College Education;

    (8) One representative of higher education, appointed by the state board from a list of two to four nominees provided by the Higher Education Policy Commission;

    (9) One county board member, appointed by the state board from a list of two to four nominees provided by the State Superintendent; and

    (10) One designee of the State Superintendent, who shall be an ex officio nonvoting member.

    (c) Upon initial appointment, three members shall be appointed for one-year terms, three members shall be appointed for two-year terms, and three members shall be appointed for three-year terms. After the initial appointments, all members serve terms for three years. Each term begins on July 1. Any vacancy on the board shall be filled by the state board through appointment for the unexpired term.

    (d) Members of the commission shall exhibit high interest in the success of elementary and secondary public education, have a breadth of experience and expertise well-suited to the commission’s work and reflect, when practicable, the geographic regions where authorized schools and sponsors are located.

    (e) A member of the commission may be removed from office by the state board for official misconduct, incompetence, neglect of duty or gross immorality.

    (f) The commission shall meet at least quarterly and its members shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties in a manner consistent with guidelines of the travel management office of the Department of Administration from funds appropriated or otherwise made available for such purpose upon submission of an itemized statement.

    (g) Any act performed by a member of the state board in furtherance of his or her duties as a member of the commission is solely an act of the commission, and not the state board.

    (h) The commission shall review applications for authorized schools in accordance with this article.

    (i) The commission shall review data provided by the state board on Charter Innovation Zone 2.0 Schools and may provide potential sponsors, county boards, the state board and the public with topical studies relating to authorized schools as well as the results of any evaluation of existing authorized schools.

    (j) The commission shall monitor the status of Charter Innovation Zone 2.0 School applications and shall maintain information on the total number of Charter Innovation Zone 2.0 School applications submitted to the commission, total number of authorizations granted by type of school and total number of applications denied.

    (k) The commission shall compare the performance of authorized school students with the performance of ethnically and economically comparable groups of students in other public schools who are enrolled in academically comparable courses.

    (l) The state board shall use existing personnel and resources to support the work of the commission and may request legislative appropriation for such costs. The state board may authorize regional education service agencies to provide support and assistance to the commission, including facilities, personnel and other such services.

    (m) The commission shall make an annual report to the state board and the State Superintendent addressing any successful innovations applied in authorized schools which may be replicated in other schools. The report shall provide information about how nonauthorized public schools may implement these innovations, especially through reliance on article five-b of this chapter.

§18-5D-7. Approval of applications; renewal, revocation and termination of authorized status.

    (a) Approval process. -- The state board shall promulgate a rule for the recommendation and approval of an application. The rule shall provide for the review of the application by the county board, the commission and the state board. Only the state board may determine whether to authorize a sponsor.

    (b) Factors considered. -- The county board, commission and state board shall consider the following factors when evaluating an application, in addition to any other factors set forth in state board rules:

    (1) The level of staff commitment to apply for designation as an authorized school as determined by a vote by secret ballot at a special meeting of all employees regularly employed at the school who are eligible to vote. At least eighty percent of employees affected by the implementation of the application submitted by the sponsor must vote to apply for authorization as a Charter Innovation Zone 2.0 School;

    (2) Support from parents, students, the community, the county board, the local school improvement council and school business partners; and

    (3) The potential for an applicant to be successful as a Charter Innovation Zone 2.0 School.

    (c) Authorization and charter. -- Upon authorization by the state board, the school shall be authorized for three years. The application recommended by the county board and approved by the state board shall become the charter of the authorized school. Authorization may be renewed for a term of up to five years by the state board. The state board shall oversee the renewal of the Charter Innovation Zone 2.0 School pursuant to a rule promulgated by the state board.

    (d) Revocation. -- The state board may revoke a school’s authorized status before the end of the three- or five-year term, as applicable, if the state board determines that the authorized school has not demonstrated appropriate growth in student achievement, that the school has not met the conditions outlined in the charter, or that the council has engaged in gross misconduct, mismanagement of funds, incompetence or willful neglect of duty that is detrimental to student achievement.

    (e) Dissolution. -- Upon dissolution of a Charter Innovation Zone 2.0 School for any reason, including nonrenewal, any unencumbered public funds from the authorized school shall revert to the county board of the district in which the school is located.

§18-5D-8. Site-based governance council.

    (a) In accordance with its charter, each authorized school will elect or select a site-based governance council to provide ongoing oversight of the school, effectiveness of the leadership team, finances and facilities.

    (b) The charter shall set forth the council membership. The council membership shall include, but not be limited to, administrators, classroom teachers, service personnel, community members and parents. Classroom teachers shall comprise the majority of the membership. The county superintendent or his or her designee shall be an ex officio, nonvoting member of the council.

    (c) The council may appoint a staff selection committee to participate in the county board’s hiring process by interviewing principals and classroom teachers considered for employment at the authorized school. The staff selection committee may make recommendations to the county superintendent and county board. The staff selection committee shall have no more than five members and shall include representation from the faculty senate, if applicable, and the council.

§18-5D-9. Admissions and enrollment; lottery requirements.

    (a) General requirements. –-

    (1) An authorized school shall be open to any student residing in the state.

    (2) A school district may not require any student enrolled in the school district to attend an authorized school.

    (3) An authorized school may not limit admission based on ethnicity, national origin, religion, gender, income level, disabling condition, exceptionality, proficiency in the English language, or academic or athletic ability. An authorized school shall seek equitable distribution of students that is representative of other students in the county.

    (4) An authorized school may limit admission to students within a given age group or grade level.

    (5) An authorized school shall enroll all students seeking to attend the school, unless the number of students exceeds the capacity of a program, class, grade level or building.

    (6) If capacity is insufficient to enroll all students seeking to attend the school, the authorized school shall select students through a lottery, as outlined in subsection (b) of this section.

    (b) Lottery requirements and enrollment preferences. --

    (1) Any nonauthorized public school converting entirely to an authorized school shall adopt and maintain a policy that allows all students who reside within the attendance area of the former nonauthorized school to enroll in the authorized school.

    (2) If capacity is insufficient to enroll all students seeking to attend an authorized school, the authorized school shall adopt and maintain a policy consistent with its charter for enrollment. The policy must state how enrollment preferences shall be implemented and must provide for the following:

    (A) Any nonauthorized public school converting partially to an authorized school shall give enrollment preference to students who reside in the attendance area.

    (B) An authorized school shall give enrollment preference to students enrolled in the school the previous school year and to siblings of students already enrolled in the school.

    (C) The authorized school shall select students through a lottery after all enrollment preferences are considered.

    (c) Credit transfer. -- A public school enrolling a student who was previously enrolled in an authorized school shall accept credits earned by the student in courses or instructional programs at the authorized school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other public schools.

    (d) Information to parents and the general public. -- A school district shall provide information to parents and the general public within the district about authorized schools within the district to the same extent and through the same means that the district provides and publicizes information about nonauthorized public schools in the district.

§18-5D-10. Personnel.

    (a) Authorized schools shall comply with federal and state laws and regulations regarding personnel certification and teaching requirements.

    (b) Employees of authorized schools shall be employees of the county board.

    (c) An employee regularly employed at an authorized school or a school applying for authorization whose job duties may be affected by the authorization may request a transfer to another school in the school district. The county board shall make every reasonable effort to accommodate the transfer.

§18-5D-11. Monitoring and accountability.

    (a) Preopening requirements or conditions. -- The state board may establish reasonable preopening requirements or conditions to monitor the start-up progress of newly approved authorized schools to ensure that they are prepared to open without difficulty on the date agreed, and to ensure that each school meets all building, health, safety, insurance and other legal requirements for school opening.

    (b) Monitoring. -- Authorized schools shall be monitored at least annually by the commission and the Office of Education Performance Audits. Schools shall be monitored on the following items:

    (1) Success in student achievement using assessments required of other students statewide, including the student growth model;

    (2) Success in meeting goals set forth in its charter;

    (3) The responsible use of public funds and the reporting of the use of funds in accordance with generally accepted accounting principles; and

    (4) Compliance with applicable federal, state and local laws and regulations.

§18-5D-12. Funding; fiscal agent.

    (a) (1) The county board of the county in which an authorized school is located remains fiscally responsible for operational support of the school, including the business functions, facilities, student transportation, child nutrition and all other student services normally provided by the school district as set forth in article five-c of this chapter and in the charter. The county board shall be fiscally responsible for child nutrition and all other student services normally provided by the school district.

    (2) The county board shall allocate the same amount of funds on a per pupil basis to the authorized school as is allocated to all other schools, as defined and determined by the county board.  The per pupil expenditure shall be based on the second month head count enrollment of the district for the previous school year. All funds allocated by the county board shall be spent according to the budget of the authorized school, subject to state and federal law. The authorized school shall comply with state board and county board purchasing requirements.

    (b) For a new authorized school not created from an existing public school, funds which would otherwise be allocated on the basis of enrollment in the new authorized school in the prior year shall be allocated, during the first full academic year of operation of such authorized school, on the basis of the anticipated enrollment in the application as approved by the county board. The county board shall subsequently adjust the amount to reflect the actual number of students enrolled.

    (c) (1) Charter Innovation Zone 2.0 School sponsors, authorized schools, county boards and the State Superintendent may apply for federal funds appropriated for the support of Charter Innovation Zone 2.0 Schools.

    (2) The schools may receive additional funds from the following:

    (A) Federal grants, including federal funds appropriated for the support of Charter Innovation Zone 2.0 Schools;

    (B) Gifts, devises or donations from any private sources;

    (C) State funds appropriated for the support of Charter Innovation Zone 2.0 Schools, if any; and

    (D) Any other funds that may be received by the county board of the district in which the authorized school is located.

    (3) A sponsor and an authorized school shall report to the county board the receipt of any of the funds listed in this subsection, except funds from the county board.

    (d) A council may present independent information to the commission regarding equity of funding.

    (e) County boards with Charter Innovation Zone 2.0 Schools within the district shall conduct a triennial comprehensive study to evaluate the equality of funding and programs among the various schools within the county, including any authorized schools within the county. Such study shall consider issues including, but not limited to, cost per pupil and availability of curriculum and programs. The state board and commission shall assist the county board and shall provide a format for the report. The first report compiling the results of this study shall be due July 1, 2013. County boards shall submit the report to the commission.

    (f) The county board shall serve as the fiscal agent for the school.

§18-5D-13. Student transportation.

    (a) Transportation shall be provided by agreement with the county board of the district within which the authorized school is located consistent with the district’s transportation policy for the schools within the district. The county board may reduce the amount of funding paid to the authorized school or may otherwise charge the authorized school for the transportation services pursuant to the memorandum of agreement between the county board and the authorized school.

    (b) Except for any agreement with the county board to provide transportation services to authorized school students, an authorized school may not contract for transportation services with the exception of curricular or extracurricular transportation services.

    (c) Each authorized school shall develop a detailed transportation plan which shall be submitted as part of the application. The authorized school shall review the plan annually, submitting any proposed modifications to its plan to the commission. Any proposed modifications shall be considered by the commission, which may suggest that the state board accept, modify or reject such modifications.

§18-5D-14. Facilities.

    (a) To the extent practicable, an authorized school shall be housed in existing district school buildings or buildings which are not being used for educational purposes due to school merger or closure. Such schools shall meet applicable health and safety standards as specified by the county board or state board rule, any applicable rules of the School Building Authority of West Virginia, and other agencies of state and county government having jurisdiction for such, including, but not limited to, health departments.

    (b) An authorized school may negotiate and contract with a school district, the governing body of a state college or university or public community college or any other public or for-profit or nonprofit private entity for the use of a school building.

    (c) The county board shall provide maintenance for an authorized school facility pursuant to the memorandum of agreement between the county board and the authorized school. Such maintenance services shall be provided by the county board in a manner in which maintenance services are provided to the schools in the county, unless an alternative agreement is contained within the memorandum of agreement.

    (d) The state board shall require the authorized school to develop a three-year facilities plan, including specific recommendations regarding how its facility or facilities will be maintained. The plan must be submitted to the state board in the sponsor’s application.

    (e) The county board shall make available to a sponsor or an authorized school, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by the school district and that may be suitable for the operation of an authorized school.

    (f) An authorized school may operate within an existing public school: Provided, That the existing public school wherein an authorized school seeks to operate consents to the operation in writing based on the approval of at least eighty percent of its Local School Improvement Council and at least eighty percent of the affected school employees through a secret ballot. The votes shall be conducted in accordance with county board policies regarding such voting. The county board policies shall detail the manner in which an election shall be conducted.

    (g) The council of an authorized school that disbands, chooses alternate facilities approved by the county board, or has its charter revoked shall notify the county board of such circumstances at least one-hundred eighty days in advance or immediately upon receiving notification of the revocation of the authorized status.

§18-5D-15. Extracurricular activities.

    Authorized school students may participate in school district athletic and extracurricular activities to the extent determined by regulation of the West Virginia Secondary Schools Activities Commission and as applied uniformly throughout the state.

§18-5D-16. Virtual Charter Innovation Zone 2.0 Schools.

    The state board may promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code that establishes conditions for the creation of Virtual Charter Innovation Zone 2.0 Schools.

§18-5D-17. Rule-making authority.

    The state board shall promulgate rules, including emergency rules, if necessary, in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article.

ARTICLE 5E. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM WAIVERS.

§18-5E-1. Purpose.

    The purpose of this article is:

    (a) To facilitate and encourage teacher collaboration by empowering schools to create alternative decision-making processes that address school and classroom improvement and by allowing for the reorganization or consolidation of certain school committees required by statutes and state board rules, including the Local School Improvement Council, School Curriculum Team, Strategic Planning Committee, Technology Team and School Support Team; and

    (b) To recognize that schools in this state differ greatly in enrollment, grade configuration, demographics and student needs and to provide flexibility to teachers and principals by allowing them to determine the types of teams necessary to move the school forward.

§18-5E-2. Waiver application.

    (a) Request for reorganization. -- A school may submit a waiver application to the state board to create collaborative teams that may replace the Local School Improvement Council, required by section two, article five-a of this chapter, the School Curriculum Team, required by section six, article five-a of this chapter, and the Strategic Planning Committee, the Technology Team and the School Support Team, required by state board rules. Reorganization under this article may not replace the Student Assistance Team or the faculty senate. The waiver application shall include:

    (1) A description of the collaborative teams, which shall address all of the following:

    (A) An emphasis on teacher collaboration and leadership;

    (B) School and classroom effectiveness;

    (C) Involvement and support of stakeholders; and

    (D) A coherent learner-focused improvement plan;

    (2) An explanation of how the existing membership of required committees shall have representation in the reorganization, and how the roles, responsibilities and tasks of required committees shall be instituted in the reorganization;

    (3) Evidence that the employees and stakeholders who are involved in restructured collaborative teams have, or will enter into, a process of professional learning that develops the necessary knowledge and skills to enhance learner-focused collaboration; and

    (4) Evidence that employees and stakeholders have researched viable improvement structures and processes and have proposed an effective structure that addresses the particular needs of the school, its students and employees.

    (b) Approval. –- Before submitting the waiver application to the state board:

    (1) Eighty percent of the faculty senate must vote in favor of the reorganization. The vote shall be conducted by secret ballot by the faculty senate chair. Before the vote, the faculty senate shall be presented with the structure, roles and responsibilities of the reorganization;

    (2) Eighty percent of the local school improvement council must vote in favor of the reorganization. The vote shall be conducted by chair of the council and shall be conducted within one week of the vote of the faculty senate. Before the vote, the council shall be presented with the structure, roles and responsibilities of the reorganization; and

    (3) The county superintendent and county board must approve the waiver application.

    (c) After meeting the requirements of subsection (b), the school shall submit its waiver application to the state board. Upon review and approval of the waiver application, the state board may approve the waiver of statutes requiring the Local School Improvement Council, required by section two, article five-a of this chapter, and the School Curriculum Team, required by section six, article five-a of this chapter. The state board may also approve the waiver of rules requiring the Strategic Planning Committee, the Technology Team and the School Support Team. The school then may institute the reorganization.

§18-5E-3. Rulemaking.

    The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-3. Definitions.

    As used in this article, unless the context clearly requires a different meaning:

    (1) “Accumulated contributions” means all deposits and all deductions from the gross salary of a contributor plus regular interest.

    (2) “Accumulated net benefit” means the aggregate amount of all benefits paid to or on behalf of a retired member.

    (3) “Actuarially equivalent” or “of equal actuarial value” means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the Internal Revenue Code, “actuarially equivalent” shall be computed using the mortality tables and interest rates required to comply with those requirements.

    (4) “Annuities” means the annual retirement payments for life granted beneficiaries in accordance with this article.

    (5) “Average final salary” means the average of the five highest fiscal year salaries earned as a member within the last fifteen fiscal years of total service credit, including military service as provided in this article, or if total service is less than fifteen years, the average annual salary for the period on which contributions were made: Provided, That salaries for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with section seven, article ten-d, chapter five of this code and Section 401(a)(17) of the Internal Revenue Code.

    (6) “Beneficiary” means the recipient of annuity payments made under the retirement system.

    (7) “Contributor” means a member of the retirement system who has an account in the Teachers Accumulation Fund.

    (8) “Deposit” means a voluntary payment to his or her account by a member.

    (9) “Employer” means the agency of and within the state which has employed or employs a member.

    (10) “Employer error” means an omission, misrepresentation or violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Regulations or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required. A deliberate act contrary to the provisions of this section by a participating public employer does not constitute employer error.

    (11) “Employment term” means employment for at least ten months, a month being defined as twenty employment days.

    (12) “Gross salary” means the fixed annual or periodic cash wages paid by a participating public employer to a member for performing duties for the participating public employer for which the member was hired. Gross salary also includes retroactive payments made to a member to correct a clerical error, or made pursuant to a court order or final order of an administrative agency charged with enforcing federal or state law pertaining to the member's rights to employment or wages, with all retroactive salary payments to be allocated to and considered paid in the periods in which the work was or would have been done. Gross salary does not include any monetary compensation received for meeting goals for student growth, as set forth in sections two-c, three-a, three-b and five-a, article four, chapter eighteen-a of this code, lump sum payments for bonuses, early retirement incentives, severance pay or any other fringe benefit of any kind including, but not limited to, transportation allowances, automobiles or automobile allowances, or lump sum payments for unused, accrued leave of any type or character.

    (13) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it has been amended.

    (14) “Member” means any person who has accumulated contributions standing to his or her credit in the State Teachers Retirement System. A member shall remain a member until the benefits to which he or she is entitled under this article are paid or forfeited, or until cessation of membership pursuant to section thirteen of this article.

    (15) “Members of the administrative staff of the public schools” means deans of instruction, deans of men, deans of women, and financial and administrative secretaries.

    (16) “Members of the extension staff of the public schools” means every agricultural agent, boys' and girls' club agent and every member of the agricultural extension staff whose work is not primarily stenographic, clerical or secretarial.

    (17) “New entrant” means a teacher who is not a present teacher.

    (18) “Nonteaching member” means any person, except a teacher member, who is regularly employed for full-time service by: (A) Any county board of education; (B) the State Board of Education; (C) the Higher Education Policy Commission; (D) the West Virginia Council for Community and Technical College Education; or (E) a governing board, as defined in section two, article one, chapter eighteen-b of this code: Provided, That any person whose employment with the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education or a governing board commences on or after July 1, 1991, is not considered a nonteaching member.

    (19) “Plan year” means the twelve-month period commencing on July 1 and ending the following June 30 of any designated year.

    (20) “Present member” means a present teacher who is a member of the retirement system.

    (21) “Present teacher” means any person who was a teacher within the thirty-five years beginning July 1, 1934, and whose membership in the retirement system is currently active.

    (22) “Prior service” means all service as a teacher completed prior to July 1, 1941, and all service of a present member who was employed as a teacher, and did not contribute to a retirement account because he or she was legally ineligible for membership during the service.

    (23) “Public schools” means all publicly supported schools, including colleges and universities in this state.

    (24) “Refund beneficiary” means the estate of a deceased contributor or a person he or she has nominated as beneficiary of his or her contributions by written designation duly executed and filed with the retirement board.

    (25) “Refund interest” means interest compounded, according to the formula established in legislative rules, series seven of the Consolidated Public Retirement Board, 162 CSR 7.

    (26) “Regular interest” means interest at four percent compounded annually, or a higher earnable rate if set forth in the formula established in legislative rules, series seven of the Consolidated Public Retirement Board, 162 CSR 7.

    (27) “Regularly employed for full-time service” means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay.

    (28) “Required beginning date” means April 1 of the calendar year following the later of: (A) The calendar year in which the member attains age seventy and one-half years; or (B) the calendar year in which the member retires or ceases covered employment under the system after having attained the age of seventy and one-half years.

    (29) “Retirement system” means the State Teachers Retirement System established by this article.

    (30) “Teacher member” means the following persons, if regularly employed for full-time service: (A) Any person employed for instructional service in the public schools of West Virginia; (B) principals; (C) public school librarians; (D) superintendents of schools and assistant county superintendents of schools; (E) any county school attendance director holding a West Virginia teacher's certificate; (F) the executive director of the retirement board; (G) members of the research, extension, administrative or library staffs of the public schools; (H) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision, or any other employee under the State Superintendent performing services of an educational nature; (I) employees of the State Board of Education who are performing services of an educational nature; (J) any person employed in a nonteaching capacity by the State Board of Education, any county board of education, the State Department of Education or the State Teachers Retirement Board, if that person was formerly employed as a teacher in the public schools; (K) all classroom teachers, principals and educational administrators in schools under the supervision of the Division of Corrections, the Division of Health or the Division of Human Services; (L) an employee of the State Board of School Finance, if that person was formerly employed as a teacher in the public schools; and (M) any person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code who elects to remain a member of the State Teachers Retirement System provided in this article.

    (31) “Total service” means all service as a teacher while a member of the retirement system since last becoming a member and, in addition thereto, credit for prior service, if any.

    Age in excess of seventy years shall be considered to be seventy years.

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-1. Employment in general.

    The employment of professional personnel shall be made by the board only upon nomination and recommendation of the superintendent: Provided, That the superintendent shall provide the principal at the school at which the professional educator or paraprofessional employee is to be employed an opportunity to interview all committee established in section seven-a, article four of this chapter the opportunity to interview the most qualified applicants and make recommendations to the county superintendent regarding their employment: Provided, however, That nothing shall prohibit the timely employment of persons to perform necessary duties. In case the board refuses to employ any or all of the persons nominated, the superintendent shall nominate others and submit the same to the board at such time as the board may direct. All personnel so nominated and recommended for employment and for subsequent assignment shall meet the certification, licensing, training and other eligibility classifications as may be required by provisions of this chapter and by state board regulation. In addition to any other information required, the application for any certification or licensing shall include the applicant's social security number. Professional personnel employed as deputy, associate or assistant superintendents by the board in offices, departments or divisions at locations other than a school and who are directly answerable to the superintendent shall serve at the will and pleasure of the superintendent and may be removed by the superintendent upon approval of the board. Such professional personnel shall retain seniority rights only in the area or areas in which they hold valid certification or licensure.

§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation process.

    (a) The state board shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards of education in the evaluation of the employment performance of personnel employed by the board.

    (b) The system adopted by the state board for evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.

    (c) For purposes of this section, “professional personnel”, “professional” or “professionals”, means professional personnel as defined in section one, article one of this chapter.

    (d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall consult with the Center for Professional Development created in article three-a of this chapter. The center shall participate actively with the state board in developing written standards for evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each professional meets such standards.

    (e) The performance evaluation system shall contain, but shall not be limited to, the following information:

    (1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals or others;

    (2) Before July 1, 2013, the frequency and duration of the evaluations shall be on a regular basis and of such frequency and duration as to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn: Provided, That for school personnel with five or more years of experience, who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the principal determines an evaluation for a particular school employee is needed more frequently: Provided, however, That for classroom teachers with five or more years of experience who have not received an unsatisfactory rating, an evaluation shall be conducted or professional growth and development plan required only when the principal determines it to be necessary for a particular classroom teacher, or when a classroom teacher exercises the option of being evaluated at more frequent intervals.

    (3) Effective July 1, 2013, notwithstanding any other provision of this section, the frequency and duration of the evaluations of all professional personnel shall be on an annual basis to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn.

    (3) (4) The evaluation shall serve the following purposes:

    (A) Serve as a basis for the improvement of the performance of the personnel in their assigned duties;

    (B) Provide an indicator of satisfactory performance for individual professionals;

    (C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance; and

    (D) Serve as a basis for programs to increase the professional growth and development of professional personnel;

    (4) (5) The standards for satisfactory performance for professional personnel and the criteria to be used to determine whether the performance of each professional meets such standards and other criteria for evaluation for each professional position evaluated. Effective July 1, 2003, and thereafter, Professional personnel, as appropriate, shall demonstrate competency in the knowledge and implementation of the technology standards adopted by the state board. If a professional fails to demonstrate competency, in the knowledge and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and

    (5) (6) Provisions for a written improvement plan, which shall be specific as to what improvements, if any, are needed in the performance of the professional and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the professional's recertification process.

    (f) A professional whose performance is considered to be unsatisfactory shall be given notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the employing county board of education and the professional. The professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of the resources and assistance available for the purposes of correcting the deficiencies.

    (g) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the State Superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. After July 1, 1994, No person may be issued an administrative certificate or have an administrative certificate renewed unless the state board determines that the person has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training approved by the state board.

    (h) Any professional whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for improvement or may recommend the dismissal of the professional in accordance with the provisions of section eight of this article.

    (i) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations by an administrator in the performance evaluation process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson plans on the internet or otherwise make them available to students and parents or to include in his or her lesson plans any of the following:

    (1) Teach and reteach strategies;

    (2) Write to learn activities;

    (3) Cultural diversity;

    (4) Color coding; or

    (5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction. and

    (j) The Legislature finds that classroom teachers must be free of unnecessary paper work so that they can focus their time on instruction. Therefore, classroom teachers may not be required to keep records or logs of routine contacts with parents or guardians.

    (k) Nothing in this section may be construed to prohibit classroom teachers from voluntarily posting material on the Internet.

§18A-2-12a. Statement of policy and practice for the county boards and school personnel to minimize possible disagreement and misunderstanding.

    (a) The Legislature makes the following findings:

    (1) The effective and efficient operation of the public schools depends upon the development of harmonious and cooperative relationships between county boards and school personnel;

    (2) Each group has a fundamental role to perform in the educational program and each has certain separate, distinct and clearly defined areas of responsibility as provided in chapters eighteen and eighteen-a of this code; and

    (3) There are instances, particularly involving questions of wages, salaries and conditions of work, that are subject to disagreement and misunderstanding between county boards and school personnel and may not be so clearly set forth.

    (b) The purpose of this section is to establish a statement of policy and practice for the county boards and school personnel, as follows, in order to minimize possible disagreement and misunderstanding:

    (1) County boards, subject to the provisions of this chapter, chapter eighteen of this code and the policies and rules of the state board, are responsible for the management of the schools within their respective counties. The powers and responsibilities of county boards in setting policy and in providing management are broad, but not absolute;

    (2) The school personnel shares the responsibility for putting into effect the policies and practices approved by the county board that employs them and the school personnel also have certain rights and responsibilities as provided in statute, and in their contracts;

    (3) School personnel are entitled to meet together, form associations and work in concert to improve their circumstances and the circumstances of the schools;

    (4) County boards and school personnel can most effectively discharge their total responsibilities to the public and to each other by establishing clear and open lines of communication. School personnel should be encouraged to make suggestions, proposals and recommendations through appropriate channels to the county board. Decisions of the county board concerning the suggestions, proposals and recommendations should be communicated to the school personnel clearly and openly;

    (5) Official meetings of county boards are public meetings. School personnel are free to attend the meetings without fear of reprisal and should be encouraged to attend;

    (6) All school personnel are entitled to know how well they are fulfilling their responsibilities and should be offered the opportunity of open and honest evaluations 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 opportunities to improve their job performance prior to the termination or transfer of their services. Decisions concerning the promotion, demotion, transfer or termination of employment of school personnel, other than those for lack of need or governed by specific statutory provisions unrelated to performance, should be based upon the 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 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-1a. Alternative programs for the education of teachers and principals.

    (a) By August 15, 2005, The state board, after consultation with the Secretary of Education and the Arts, shall promulgate rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the approval and operation of teacher education programs which are an alternative to the regular college or university programs for the education of teachers. To participate in an approved alternative teacher education program, the candidate must hold an alternative program teacher certificate issued by the superintendent and endorsed for the instructional field in which the candidate seeks certification. An alternative program teacher certificate is a certificate issued for one year to a candidate who does not meet the standard educational requirements for certification. The certificate may be renewed no more than two times. No individual may hold an alternative program teacher certificate for a period exceeding three years. The alternative program teacher certificate shall be considered a professional teaching certificate for the purpose of the issuance of a continuing contract. To be eligible for an alternative program teacher certificate, an applicant shall:

    (1) Possess at least a bachelor’s degree from a regionally accredited institution of higher education in a discipline taught in the public schools except that the rules established by the board may exempt candidates in selected vocational and technical areas who have at least ten years’ experience in the subject field from this requirement;

    (2) Pass an appropriate state board approved basic skills and subject matter test in the area for which licensure is being sought;

    (3) Be a citizen of the United States, be of good moral character and physically, mentally and emotionally qualified to perform the duties of a teacher, and have attained the age of eighteen years on or before October 1, of the year in which the alternative program teacher certificate is issued;

    (4) Have been offered employment by a county board in an area of critical need and shortage; and

    (5) Qualify following a criminal history check pursuant to section ten of this article.

    Persons who satisfy the requirements set forth in subdivisions (1) through (5) of this subsection shall be granted a formal document which will enable them to work in a public school in West Virginia.

    (b) The rules adopted by the board shall include provisions for the approval of alternative teacher education programs which may be offered by schools, school districts, consortia of schools, or regional educational service agency agencies, or other approved education providers and for the setting of tuition charges to offset the program costs. An approved alternative teacher education program shall be in effect for a school, school district, consortium of schools or regional educational service agency before an alternative program teacher may be employed in that school, school district, consortium of schools or regional educational service agency. A person with an alternative program teacher certificate shall enroll in an alternative teacher education program. An approved alternative program shall provide essential knowledge and skills to alternative program teachers through the following phases of training:

    (1) Instruction. -- The alternative preparation program shall provide a minimum of eighteen semester hours of instruction from a college or university or equivalent instruction approved by the state board in the areas of student assessment; development and learning; curriculum; classroom management; the use of educational computers and other technology; and special education and diversity. All programs shall contain a minimum of three semester hours of instruction or equivalent instruction approved by the state board in special education and diversity out of the minimum eighteen required semester hours or equivalent instruction approved by the state board.

    (2) Phase I. -- Phase I shall consist of a period of intensive on-the-job supervision by an assigned mentor and the school administrator for a period of not less than two weeks and no more than four weeks. The assigned mentor shall meet the requirements for mentor set forth in section two-b of this article and be paid the stipend pursuant to that section. During this time, the teacher shall be observed daily. This phase shall include an orientation to the policies, organization and curriculum of the employing district. The alternative program teacher shall begin to receive formal instruction in those areas listed in subdivision (1) of this subsection.

    (3) Phase II. -- Phase II shall consist of a period of intensive on-the-job supervision beginning the first day following the completion of Phase I and continuing for a period of at least ten weeks. During Phase II, the alternative program teacher shall be visited and critiqued no less than one time per week by members of a professional support team, defined in subsection (c) of this section, and shall be observed and formally evaluated at the end of five weeks and at the end of ten weeks by the appropriately certified members of the team. At the end of the ten-week period, the alternative program teacher shall receive a formal written progress report from the chairperson of the support team. The alternative program teacher shall continue to receive formal instruction in those areas listed above under subdivision (1) of this subsection.

    (4) Phase III. -- Phase III shall consist of an additional period of continued supervision and evaluation of no less than twenty weeks duration. The professional support team will determine the requirements of this phase with at least one formal evaluation being conducted at the completion of the phase. The alternative program teacher shall continue to receive formal instruction in those areas listed above under subdivision (1) of this subsection, and receive opportunities to observe the teaching of experienced colleagues.

    (c) Training and supervision of alternative program teachers shall be provided by a professional support team comprised of a school principal, an experienced classroom teacher who satisfies the requirements for mentor for the Beginning Educator Internship as specified in section two-b of this article, a college or university education faculty member, and a curriculum supervisor. The professional support team may include a representative of an approved education provider. Districts or schools which do not employ curriculum supervisors or have been unable to establish a relationship with a college or university shall provide for comparable expertise on the team. The school principal shall serve as chairperson of the team. In addition to other duties assigned to it under this section and section one-b of this article, the professional support team shall submit a written evaluation of the alternative program teacher to the county superintendent. The written evaluation shall be in a form specified by the county superintendent and submitted on a date specified by the county superintendent that is prior to the first Monday of May. The evaluation shall report the progress of the alternative program teacher toward meeting the academic and performance requirements of the program.

    (d) The training for professional support team members shall be coordinated and provided by the Center for Professional Development in coordination with the school district, consortium of schools, regional educational service agency, and institution of higher education and approved education provider, or any combination of these agencies as set forth in the plan approved by the state board pursuant to subsection (e) of this section.

    (e) A school, school district, consortium of schools, or regional educational service agency or other education provider seeking to employ approval for an alternative certification program teacher must submit a plan to the state board and receive approval. Each plan shall describe how the proposed training program will accomplish the key elements of an alternative program for the education of teachers as set forth in this section. Each school, school district, consortium of schools or regional educational service agency shall show evidence in its plan of having sought joint sponsorship of their training program with institutions of higher education.

    (f) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code for the approval and operation of alternative education programs to prepare highly qualified special education teachers that are separate from the programs established under the other provisions of this section and are applicable only to teachers who have at least a bachelor’s degree in a program for the preparation of teachers from a regionally accredited institution of higher education. These programs are subject to the other provisions of this section only to the extent specifically provided for in the rule. These programs may be an alternative to the regular college and university programs for the education of special education teachers and also may address the content area preparation of certified special education teachers. The programs shall incorporate professional development to the maximum extent possible to help teachers who are currently certified in special education to obtain the required content area preparation. Participation in an alternative education program pursuant to this subsection shall not affect any rights, privileges or benefits to which the participant would otherwise be entitled as a regular employee, nor does it alter any rights, privileges or benefits of participants on continuing contract status. The state board shall report to the Legislative Oversight Commission on Education Accountability on the programs authorized under this subsection during the July, 2005, interim meetings or as soon thereafter as practical prior to implementation of the programs.

    (g) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code for the approval and operation of alternative education programs to prepare highly qualified special education teachers that are separate from the programs established under the other provisions of this section and are applicable only to persons who hold a bachelor’s degree from a regionally accredited institution of higher education. These programs are subject to the other provisions of this section only to the extent specifically provided for in this rule. These programs may be an alternative to the regular college and university programs for the education of special education teachers and also may address the content area preparation of such persons. The state board shall report to the Legislative Oversight Commission on Education Accountability on the programs authorized under this subsection during the July, 2005, interim meetings or as soon thereafter as practical prior to implementation of the programs.

    (h) For the purposes of this section, “area of critical need and shortage” means an opening in an established, existing or newly created position which has been posted in accordance with the provisions of section seven-a, article four of this chapter, and for which no fully qualified applicant has been employed.

    (i) The recommendation to rehire an alternative education program teacher pursuant to section eight-a, article two of this chapter is subject to the position being posted and no fully qualified applicant being employed: Provided, That this provision does not apply to teachers who hold a valid West Virginia professional teaching certificate and who are employed under a program operated pursuant to subsection (f) is subject to the teacher making satisfactory progress in the alternative teacher education program.

    (j) When making decisions affecting the hiring of an alternative program teacher under the provisions of this section, a county board shall give preference to applicants who hold a valid West Virginia professional teaching certificate.

    (k) The state board, after consultation with the Secretary of Education and the Arts, shall promulgate rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the approval and operation of principal education programs which are an alternative to the regular college or university programs for the education of principals and are separate from programs established under the other provisions of this section. To participate in an approved alternative principal education program, the candidate must hold an alternative program principal certificate issued by the superintendent and endorsed for the programmatic level in which the candidate seeks certification. An alternative program principal certificate is a certificate issued for one year to a candidate who does not meet the standard educational requirements for certification. The certificate may be renewed no more than two times. No individual may hold an alternative program principal certificate for a period exceeding three years. The alternative program principal certificate shall be considered a valid administrative certificate for the purpose of the issuance of a written contract. To be eligible for an alternative program principal certificate, an applicant shall:

    (1) Possess at least a master’s degree from a regionally accredited institution of higher education in a field related to the public school program;

    (2) Be of good moral character and physically, mentally and emotionally qualified to perform the duties of a principal, and have attained the age of eighteen years on or before October 1, of the year in which the alternative program principal certificate is issued;

    (3) Have been offered employment by a county board in a principal or assistant principal position; and

    (4) Qualify following a criminal history check pursuant to section ten of this article.

    Persons who satisfy these requirements shall be granted a formal document which will enable them to work in a public school in West Virginia.

    (l) The rules adopted by the state board pursuant to subsection (k) of this section shall include provisions for the approval of alternative principal education programs which may be offered by schools, school districts, consortia of schools, regional education service agencies or other approved education providers. A person with an alternative program principal certificate shall enroll in an alternative principal education program. An approved alternative program shall provide essential knowledge and skills to alternative program principals through the following phases of training:

    (1) Instruction. -- The alternative principal education program shall provide instruction in interpersonal and collaborative skills, establishing and supporting a learning mission, student learning, building and sustaining culture, promoting continuous professional growth, support systems for student success, managing operations, connections to family and community and the continuous improvement process; and

    (2) Induction. -- The alternative principal education program shall include an intense two-year induction that provides essential support through a professional support team led by a qualified mentor.

    (m) The rehiring of an alternative education program principal or assistant principal is subject to the principal or assistant principal making satisfactory progress in the alternative principal education program.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-2c. State minimum annual salary supplement for classroom teachers employed in high minority and high poverty areas; state minimum monetary incentive for classroom teachers based on student growth.

    (a) Findings. -- The Legislature finds and declares that:

    (1) Creating conditions for effective teaching and learning requires a collaborative and systemic approach that supports and develops educator talent to promote meaningful, evidence-based improvements across the educator career continuum.

    (2) The state should encourage experienced and effective classroom teachers to teach in areas of high poverty or high minority.

    (3) The payment of an annual salary supplement to classroom teachers in areas of high poverty or high minority will attract experienced and effective classroom teachers to those areas and persuade experienced and effective classroom teachers to stay in those areas.

    (4) The payment of additional compensation to classroom teachers in areas of high poverty or high minority who teach in a documented statewide area of shortage in the areas of math and science will encourage teachers to teach in these areas.

    (5) The payment of a monetary incentive to classroom teachers based on student growth will encourage high-quality instruction and reward classroom teachers for performance.

    (b) High poverty and high minority annual salary supplements. --  Effective July 1, 2013:

    (1) One thousand dollars shall be paid annually in equal monthly installments to each classroom teacher employed in a school with a student population that is high poverty or high minority.

    (2) Five hundred shall be paid annually in equal monthly installments to each classroom teacher teaching in a documented statewide area of shortage in the areas of math and science and employed in a school with a student population that is high poverty or high minority.

    (3) The salary supplements required by this subsection are in addition to any amounts prescribed in the applicable state minimum salary schedule and shall be considered a part of the state minimum salaries established under the provisions of this article.

    (4) The salary supplements required by this subsection shall be paid with state funds within the West Virginia Public School Support Plan in accordance with article nine-a, chapter eighteen of this code.

    (5) For the purposes of this subsection:

    (A) “High poverty” means a school which is ranked within the top twenty-five percent of the public schools in the state based on the percentage of students eligible for free and reduced price meals.

    (B) “High minority” means a school in which the student population consists of twenty percent or more noncaucasian students.

    (C) After a school is determined to have a student population that is high poverty or high minority, the school remains classified as such for one year beyond the year in which it is determined that it no longer meets the definition of a high poverty or high minority school.

    (c) Monetary incentive based on student growth. --    Effective July 1, 2013:

    (1) One thousand dollars shall be paid to each classroom teacher who meets goals for student growth during the previous school year: Provided, That a lesser amount may be paid to each classroom teacher on a pro rata basis in accordance with subdivision (4) of this subsection.

    (2) The state board shall establish the criteria for annually determining which classroom teachers, on an individual, group or school basis, have met goals for student growth during the previous school year as evidenced by multiple measures. The state board shall promulgate a rule for this purpose which shall apply uniformly to all classroom teachers in the public schools. The rule shall define the area or areas of student growth and measures that support teaching and learning.

    (3) A classroom teacher shall receive his or her monetary incentive in a lump sum.

    (4) The monetary incentive required by this subsection shall be paid from funds appropriated to the West Virginia Department of Education or received by it from other sources specifically for this purpose. The State Superintendent shall provide an estimate of the amount of the appropriation required to the Governor for inclusion in his or her proposed budget to the Legislature. If the amount of the appropriation is insufficient to provide payment of all monetary incentives required under this subsection, each county’s allocation for payment of the incentives shall be reduced pro rata. The Legislature may appropriate additional amounts to provide payment of all monetary incentives required under this subsection: Provided, That nothing in this section may be construed to mandate additional funding for monetary incentives or to require any additional appropriation by the Legislature.

    (d) Rules. -- The state board shall promulgate rules pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.

§18A-4-3a. State minimum annual salary supplement for principals and assistant principals in high minority and high poverty areas; state minimum monetary incentive for principals and assistant principals based on student growth.

    (a) Findings. -- The Legislature finds and declares that:

    (1) Creating conditions for effective teaching and learning requires a collaborative and systemic approach that supports and develops educator talent to promote meaningful, evidence-based improvements across the educator career continuum.

    (2) The state should encourage experienced and effective principals and assistant principals to supervise schools in areas of high poverty or high minority.

    (3) The payment of an annual salary supplement to principals and assistant principals in areas of high poverty or high minority will attract experienced and effective personnel to those areas and persuade experienced and effective principals and assistant principals to stay in those areas.

    (4) The payment of a monetary incentive to principals and assistant principals based on student growth will encourage high-quality support and leadership and will reward principals and assistant principals for performance.

    (b) High poverty and high minority salary supplements. --  Effective July 1, 2013:

    (1) One thousand dollars shall be paid annually in equal monthly installments to each principal and assistant principal employed in a school with a student population that is high poverty or high minority.

    (2) The salary supplement required by this subsection is in addition to the salary increments required by section three of this article and is in addition to any salary increments for principals and assistant principals paid from local funds.

    (3) The salary supplements required by this subsection shall be paid with state funds within the West Virginia Public School Support Plan in accordance with article nine-a, chapter eighteen of this code.

    (4) The salary supplements required by this subsection are in addition to any amounts prescribed in the applicable state minimum salary schedule and shall be considered a part of the state minimum salaries established under the provisions of this article.

    (5) For the purposes of this subsection:

    (A) “High poverty” means a school which is ranked within the top twenty-five percent of the public schools in the state based on the percentage of students eligible for free and reduced price meals.

    (B) “High minority” means a school in which the student population consists of twenty percent or more noncaucasian students.

    (C) After a school is determined to have a student population that is high poverty or high minority, the school remains classified as such for one year beyond the year in which it is determined that it no longer meets the definition of a high poverty or high minority school.

    (c) Monetary incentive based on student growth. --    Effective July 1, 2013:

    (1) One thousand dollars shall be paid to each principal and assistant principal whose school meets goals for student growth during the previous school year: Provided, That a lesser amount may be paid to each principal and assistant principal on a pro rata basis in accordance with subdivision (4) of this subsection.

    (2) The state board shall establish the criteria for annually determining which principals and assistant principals met goals for student growth during the previous school year as evidenced by multiple measures. The state board shall promulgate a rule for this purpose which shall apply uniformly to all principals and assistant principals in the public schools. The rule shall define the area or areas of student growth and measures that support teaching and learning.

    (3) A principal or assistant principal shall receive his or her monetary incentive in a lump sum.

    (4) Monetary incentives required by this subsection shall be paid from funds appropriated to the West Virginia Department of Education or received by it from other sources specifically for this purpose. The State Superintendent shall provide an estimate of the amount of the appropriation required to the Governor for inclusion in his or her proposed budget to the Legislature. If the amount of the appropriation is insufficient to provide payment of all monetary incentives required under this subsection, each county’s allocation for payment of the incentives shall be reduced pro rata. The Legislature may appropriate additional amounts to provide payment of all monetary incentives required under this subsection: Provided, That nothing in this section may be construed to mandate additional funding for monetary incentives or to require any additional appropriation by the Legislature.

    (5) The monetary incentive required by this subsection is in addition to the salary increments required by section three of this article and is in addition to any salary increments for principals and assistant principals paid from local funds.

    (6) The monetary incentive required by this subsection shall not be included as gross salary in the calculation of average final salary for purposes of calculating retirement benefits in article seven-a, chapter eighteen of this code.

    (d) Rules. -- The state board shall promulgate rules pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.

§18A-4-3b. Additional monetary payments to principals and assistant principals paid from local funds.

    (a) County boards may provide additional monetary payments to principals and assistant principals, in addition to compensation provided in section three and three-a of this article, based upon any one or more of the following circumstances:

    (1) For principals and assistant principals placed in special supervisory assignments;

    (2) For principals and assistant principals employed in a school with a student population that is high poverty or high minority: Provided, That the payment may not be greater than the amount for high poverty and high minority salary supplements for principals and assistant principals authorized in section three-a of this article; or

    (3) For principals and assistant principals whose school meets goals for student growth during the previous school year as evidenced by multiple measures.

    (b) The state board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section. The rule shall designate principals and assistant principals eligible for the amounts authorized by this section. For the purposes of subdivision (3), subsection (a) of this section, the rule shall establish eligibility based upon whether the school meets goals for student growth as evidenced by multiple measures. The rule shall define the area or areas of student growth and measures that support teaching and learning.

    (c) Additional monetary payments authorized by this section shall apply uniformly to principals and assistant principals throughout the county.

    (d) Any additional monetary payments for student growth authorized by this section shall not be included as gross salary in the calculation of average final salary for purposes of calculating retirement benefits in article seven-a, chapter eighteen of this code.

§18A-4-5a. County monetary supplements for teachers; additional monetary payments to teachers paid from local funds.

    (a) County boards of education in fixing the salaries of teachers shall use at least the state minimum salaries established under the provisions of this article. The board may establish salary schedules which shall be in excess of the state minimums fixed by this article, such county schedules to be uniform throughout the county as to the classification of training, experience, responsibility and other requirements.

    (b) Counties may fix higher salaries for County boards may provide additional monetary payments to teachers based upon any one or more of the following circumstances:

    (1) For teachers placed in special instructional or supervisory assignments;

    (2) For classroom teachers placed in a documented area of shortage;

    (3) For classroom teachers placed in a school with a student population that is high poverty or high minority: Provided, That the payment may not be greater than the amount for high poverty or high minority salary supplements for classroom teachers authorized in section two-c of this article;

    (4) For those teachers assigned to or employed for duties other than regular instructional duties; and

    (5) For teachers of one-teacher schools; and they may provide additional compensation

    (6) For any teacher assigned duties in addition to the teacher's regular instructional duties wherein such the noninstructional duties are not a part of the scheduled hours of the regular school day; or

    (7) For a classroom teacher who meets goals for student growth during the previous school year as evidenced by multiple measures.

    (c) Uniformity also shall apply to such the additional salary increments or compensation under this section for all persons performing like assignments and duties within the county. Provided, That

    (d) Any monetary payment received for meeting goals for student growth during the previous school year shall not be included as gross salary in the calculation of average final salary for the purposes of calculating retirement benefits in article seven-a, chapter eighteen of this code.

    (e) In establishing such local salary schedules, no county shall reduce local funds allocated for salaries in effect on January 1, 1990, and used in supplementing the state minimum salaries as provided for in this article, unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making such reduction.

    (f) Counties may provide, in a uniform manner, benefits for teachers which require an appropriation from local funds including, but not limited to, dental, optical, health and income protection insurance, vacation time and retirement plans excluding the State Teachers Retirement System. Nothing herein shall prohibit the maintenance nor result in the reduction of any benefits in effect on January 1, 1984, by any county board of education.

    (g) The state board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of subsection (b) of this section. The rule shall designate teachers eligible for the amounts authorized by this section. For the purposes of subdivision (7), subsection (b) of this section, the rule shall establish eligibility based upon whether individual teachers, groups of teachers or schools meet goals for student growth as evidenced by multiple measures. The rule shall define the area or areas of student growth and measures that support teaching and learning and shall apply uniformly to teachers throughout the county.

§18A-4-7a. Employment, promotion and transfer of professional personnel; seniority.

    (a) A county board of education shall make decisions affecting the hiring of professional personnel other than classroom teachers on the basis of the applicant with the highest qualifications.

    (b) The county board shall make decisions affecting the hiring of new classroom teachers on the basis of the applicant with the highest qualifications.

    (c) In judging qualifications for hiring employees pursuant to subsections (a) and (b) of this section, consideration shall be given to each of the following:

    (1) Appropriate certification, licensure or both;

    (2) Amount of experience relevant to the position; or, in the case of a classroom teaching position, the amount of teaching experience in the subject area;

    (3) The amount of course work, degree level or both in the relevant field and degree level generally;

    (4) Academic achievement;

    (5) Relevant specialized training;

    (6) Past performance evaluations conducted pursuant to section twelve, article two of this chapter; and

    (7) Other measures or indicators upon which the relative qualifications of the applicant may fairly be judged.

    (d) If one or more permanently employed instructional personnel apply for a classroom teaching position and meet the standards set forth in the job posting, the county board of education shall make a decision affecting the filling of the position on the basis of the following criteria:

    (1) Appropriate certification, licensure or both;

    (2) Total amount of teaching experience;

    (3) The existence of teaching experience in the required certification area;

    (4) Degree level in the required certification area;

    (5) Specialized training directly related to the performance of the job as stated in the job description;

    (6) Receiving an overall rating of satisfactory in the previous two evaluations conducted pursuant to section twelve, article two of this chapter; and

    (7) Seniority.

    (e) In filling positions pursuant to subsection (d) of this section, consideration shall be given to each criterion with each criterion being given equal weight. If the applicant with the most seniority is not selected for the position, upon the request of the applicant a written statement of reasons shall be given to the applicant with suggestions for improving the applicant's qualifications.

    (b) In judging the qualifications for hiring professional personnel, consideration shall be given to each of the following criteria: Provided, That for classroom teachers, the criteria shall be considered according to equal weighting:

    (1) Amount of experience relevant to the position;

    (2) The amount of course work and degree level relevant to the position;

    (3) Past performance evaluations relevant to the position;

    (4) Academic and professional achievement;

    (5) Specialized training relevant to the position;

    (6) Seniority, except in the case of hiring administrators, including a principal, assistant principal or central office administrator, where only seniority based on the length of time a person was employed as an administrator may be considered; and

    (7) Other measures or indicators upon which the relative qualifications of the applicant may fairly be judged.

    (c) In the event that no applicant holds the certification required by the job posting, only those applicants who qualify for a full-time permit or for an alternative program certificate in accordance with section one-a, article three of this chapter, or an applicant who is a prospective graduate of a teacher preparation program who will obtain the required certification prior to the commencement of his or her duties, may be considered for employment by a county board of education.  When selecting a candidate who does not hold the certification required by the job posting, the county board of education shall use the criteria listed in subsection (b) of this section.

    (d)(1) A hiring committee shall interview the most qualified candidates based upon the application of the criteria listed in subsection (b). The committee shall make a hiring recommendation to the county superintendent, who may interview job candidates independently. The county superintendent shall make the final hiring recommendation to the county board.

    (2) To hire a classroom teacher, the hiring committee shall be composed of a member of the school’s faculty senate, selected in accordance with section five, article five-a, chapter eighteen of this code, a representative designated by the county superintendent and the school principal or his or her designee, who shall serve as chairperson of the committee.

    (3) To hire professional personnel who are not classroom teachers and are not will and pleasure personnel as defined in section one, article two of this chapter, the committee shall be composed of at least a principal, a teacher and a representative designated by and on behalf of the county superintendent. The county board shall adopt a policy to determine the selection of committee members and the chairperson of the committee.

    (f) (e) With the exception of guidance counselors, the seniority of classroom teachers, as defined in section one, article one of this chapter, shall be determined on the basis of the length of time the employee has been employed as a regular full-time certified and/or licensed professional educator by the county board of education and shall be granted in all areas that the employee is certified, licensed or both.

    (g) (f) Upon completion of one hundred thirty-three days of employment in any one school year, substitute teachers, except retired teachers and other retired professional educators employed as substitutes, shall accrue seniority exclusively for the purpose of applying for employment as a permanent, full-time professional employee. One hundred thirty-three days or more of said employment shall be prorated and shall vest as a fraction of the school year worked by the permanent, full-time teacher.

    (h) (g) Guidance counselors and all other professional employees, as defined in section one, article one of this chapter, except classroom teachers, shall gain seniority in their nonteaching area of professional employment on the basis of the length of time the employee has been employed by the county board of education in that area: Provided, That if an employee is certified as a classroom teacher, the employee accrues classroom teaching seniority for the time that employee is employed in another professional area. For the purposes of accruing seniority under this paragraph, employment as principal, supervisor or central office administrator, as defined in section one, article one of this chapter, shall be considered one area of employment.

    (i) (h) Employment for a full employment term shall equal one year of seniority, but no employee may accrue more than one year of seniority during any given fiscal year. Employment for less than the full employment term shall be prorated. A random selection system established by the employees and approved by the board shall be used to determine the priority if two or more employees accumulate identical seniority: Provided, That when two or more principals have accumulated identical seniority, decisions on reductions in force shall be based on qualifications.

    (j) (i) Whenever a county board is required to reduce the number of professional personnel in its employment, the employee with the least amount of seniority shall be properly notified and released from employment pursuant to the provisions of section two, article two of this chapter. The provisions of this subsection are subject to the following:

    (1) All persons employed in a certification area to be reduced who are employed under a temporary permit shall be properly notified and released before a fully certified employee in such a position is subject to release;

    (2) An employee subject to release shall be employed in any other professional position where the employee is certified and was previously employed or to any lateral area for which the employee is certified, licensed or both, if the employee's seniority is greater than the seniority of any other employee in that area of certification, licensure or both;

    (3) If an employee subject to release holds certification, licensure or both in more than one lateral area and if the employee's seniority is greater than the seniority of any other employee in one or more of those areas of certification, licensure or both, the employee subject to release shall be employed in the professional position held by the employee with the least seniority in any of those areas of certification, licensure or both; and

    (4) If, prior to August 1 of the year a reduction in force is approved, the reason for any particular reduction in force no longer exists as determined by the county board in its sole and exclusive judgment, the board shall rescind the reduction in force or transfer and shall notify the released employee in writing of his or her right to be restored to his or her position of employment. Within five days of being so notified, the released employee shall notify the board, in writing, of his or her intent to resume his or her position of employment or the right to be restored shall terminate. Notwithstanding any other provision of this subdivision, if there is another employee on the preferred recall list with proper certification and higher seniority, that person shall be placed in the position restored as a result of the reduction in force being rescinded.

    (k) (j) For the purpose of this article, all positions which meet the definition of classroom teacher as defined in section one, article one of this chapter shall be lateral positions. For all other professional positions, the county board of education shall adopt a policy by October 31, 1993, and may modify the policy thereafter as necessary, which defines which positions shall be lateral positions. The board shall submit a copy of its policy to the state board within thirty days of adoption or any modification, and the state board shall compile a report and submit the report to the Legislative Oversight Commission on Education Accountability by December 31, 1993, and by that date in any succeeding year in which any county board submits a modification of its policy relating to lateral positions. In adopting the policy, the board shall give consideration to the rank of each position in terms of title; nature of responsibilities; salary level; certification, licensure or both; and days in the period of employment.

    (l) (k) After the fifth day prior to the beginning of the instructional term, no person employed and assigned to a professional position may transfer to another professional position in the county during that instructional term unless the person holding that position does not have valid certification. The provisions of this subsection are subject to the following:

    (1) The person may apply for any posted, vacant positions with the successful applicant assuming the position at the beginning of the next instructional term;

    (2) Professional personnel who have been on an approved leave of absence may fill these vacancies upon their return from the approved leave of absence; and

    (3) The county board, upon recommendation of the superintendent may fill a position before the next instructional term when it is determined to be in the best interest of the students: Provided, That the county superintendent shall notify the state board of each transfer of a person employed in a professional position to another professional position after the fifth day prior to the beginning of the instructional term. The Legislature finds that it is not in the best interest of the students particularly in the elementary grades to have multiple teachers for any one grade level or course during the instructional term. It is the intent of the Legislature that the filling of positions through transfers of personnel from one professional position to another after the fifth day prior to the beginning of the instructional term should be kept to a minimum.

    (m) (l) All professional personnel whose seniority with the county board is insufficient to allow their retention by the county board during a reduction in work force shall be placed upon a preferred recall list. As to any professional position opening within the area where they had previously been employed or to any lateral area for which they have certification, licensure or both, the employee shall be recalled on the basis of seniority if no regular, full-time professional personnel, or those returning from leaves of absence with greater seniority, are qualified, apply for and accept the position.

    (n) (m) Before position openings that are known or expected to extend for twenty consecutive employment days or longer for professional personnel may be filled by the board, the board shall be required to notify all qualified professional personnel on the preferred list and give them an opportunity to apply, but failure to apply shall not cause the employee to forfeit any right to recall. The notice shall be sent by certified mail to the last known address of the employee, and it shall be the duty of each professional personnel to notify the board of continued availability annually, of any change in address or of any change in certification, licensure or both.

    (o) (n) Openings in established, existing or newly created positions shall be processed as follows:

    (1) Boards shall be required to post and date notices which shall be subject to the following:

    (A) The notices shall be posted in conspicuous working places for all professional personnel to observe for at least five working days;

    (B) The notice shall be posted within twenty working days of the position openings and shall include the job description;

    (C) Any special criteria or skills that are required by the position shall be specifically stated in the job description and directly related to the performance of the job;

    (D) Postings for vacancies made pursuant to this section shall be written so as to ensure that the largest possible pool of qualified applicants may apply; and

    (E) Job postings may not require criteria which are not necessary for the successful performance of the job and may not be written with the intent to favor a specific applicant;

    (2) No vacancy shall be filled until after the five-day minimum posting period;

    (3) If one or more applicants meets the qualifications listed in the job posting, the successful applicant to fill the vacancy shall be selected by the board within thirty working days of the end of the posting period;

    (4) A position held by a teacher who is certified, licensed or both, who has been issued a permit for full-time employment and is working toward certification in the permit area shall not be subject to posting if the certificate is awarded within five years; and

    (5) Nothing provided herein shall prevent the county board of education from eliminating a position due to lack of need.

    (p) (o) Notwithstanding any other provision of the code to the contrary, where the total number of classroom teaching positions in an elementary school does not increase from one school year to the next, but there exists in that school a need to realign the number of teachers in one or more grade levels, kindergarten through six, teachers at the school may be reassigned to grade levels for which they are certified without that position being posted: Provided, That the employee and the county board of education mutually agree to the reassignment.

    (q) (p) Reductions in classroom teaching positions in elementary schools shall be processed as follows:

    (1) When the total number of classroom teaching positions in an elementary school needs to be reduced, the reduction shall be made on the basis of seniority with the least senior classroom teacher being recommended for transfer; and

    (2) When a specified grade level needs to be reduced and the least senior employee in the school is not in that grade level, the least senior classroom teacher in the grade level that needs to be reduced shall be reassigned to the position made vacant by the transfer of the least senior classroom teacher in the school without that position being posted: Provided, That the employee is certified, licensed or both and agrees to the reassignment.

    (r) (q) Any board failing to comply with the provisions of this article may be compelled to do so by mandamus and shall be liable to any party prevailing against the board for court costs and reasonable attorney fees as determined and established by the court. Further, employees denied promotion or employment in violation of this section shall be awarded the job, pay and any applicable benefits retroactive to the date of the violation and payable entirely from local funds. Further, the board shall be liable to any party prevailing against the board for any court reporter costs including copies of transcripts.

    (s) (r) The county board shall compile, update annually on July 1 and make available by electronic or other means to all employees a list of all professional personnel employed by the county, their areas of certification and their seniority.

 

 

    NOTE: The purpose of this bill is to improve schools and school districts. The bill requires electronic county and school strategic improvement plans to plan for early warnings and interventions, The bill requires electronic county and school strategic improvement plans to report on the level of performance as relates to the high quality education standards and efficiency standards. The bill revises high quality education standards. The bill revises graduation standards used to determine adequate yearly progress under the No Child Left Behind Act. The bill requires state annual performance measures to account for growth over the previous year. The bill revises extraordinary circumstances that may warrant a school being given a low-performing accreditation status. The bill narrowing deadlines for improvement of low performance in schools. The bill authorizes the district-wide transfer of principals in school systems on nonapproved status. The bill revises school system approval criteria for schools given temporary and conditional status. The bill requires the revision of electronic county strategic improvement plans to reach full approval status. The bill establishes the Education Opportunity Zone 180 program. The bill requires comprehensive health screening for students entering public school for the first time in this state, students entering third grade, students entering sixth grade and students entering ninth grade. The bill defines terms. The bill limits developmental screening. The bill selects faculty senate members of the hiring committee. The bill empowers faculty senates to establish a process for faculty members to interview new paraprofessional employees at the school. The bill creates Charter Innovation Zone 2.0 Schools. The bill defines terms. The bill establishes legislative findings and purpose. The bill provides that Charter Innovation Zone 2.0 Schools are part of the public education system. The bill precludes the state board from capping the number of schools. The bill provides that provisions should be liberally construed. The bill establishes autonomy factors. The bill provides application contents, submission, review and approval process. The bill authorizes memorandums of agreement and charters. The bill provides for the renewal, revocation and termination of schools. The bill creates the Charter Innovation Zone 2.0 Schools Commission. The bill establishes powers and duties. The bill requires reports. The bill establishes review factors. The bill provides for site-based governance councils and membership. The bill requires county board to serve as fiscal agent for school. The bill allows site-based governance council to establish staff selection committee in collaboration with county board. The bill provides for admissions and enrollment criteria for schools. The bill establishes lottery requirements for admission to school. The bill provides for credit transfers. The bill requires school district to provide information regarding schools. The bill requires monitoring of schools. The bill establishes funding requirements. The bill authorizes the receipt of grants and other moneys. The bill requires the reporting of grants and other moneys. The bill requires a study of funding of schools. The bill establishes transportation requirements. The bill provides for facilities. The bill requires notice to the county board upon move or termination of the school. The bill requires a facilities plan. The bill provides for maintenance agreements. The bill authorizes rules and emergency rules. The bill authorizes virtual Charter Innovation Zone 2.0 Schools. The bill permits students to participate in extracurricular activities. The bill establishes purpose. The bill authorizes waiver of statutes and rules requires certain committees. The bill authorizes the creation of collaborative teams in place of certain committees. The bill creates application and approval process for waiver. The bill provides for certain votes. The bill authorizes rulemaking. The bill establishes additional compensation for professional school personnel. The bill provides the opportunity for hiring committees to interview school personnel candidates. The bill evaluation of professional personnel in the public schools. The bill requires annual evaluations. The bill establishes effective dates. The bill provides for alternative principal and teacher certification. The bill authorizes alternative principal and teacher certification programs. The bill provides for alternative instructional requirements. The bill provides eligibility standards for principals. The bill authorizes alternative programs by approved education providers. The bill sets forth certain requirements for training and induction. The bill authorizes rules. The bill authorizes additional compensation for professional school personnel. The bill establishes findings. The bill requires a salary supplement for teachers, principals and assistant principals employed in a school with a student population that is high poverty or high minority. The bill requires a salary supplement for classroom teachers employed in a school with a student population that is high poverty or high minority and who teach in a documented area of shortage. The bill defines terms. The bill requires a monetary incentive for meeting goals for student growth during the previous school year. The bill requires uniformity. The bill authorizes additional monetary payments paid from local funds. The bill excludes certain monetary compensation created by this legislation from inclusion for purposes of calculating retirement benefits. The bill authorizes rules. The bill revises criteria when hiring a professional personnel. The bill requires the consideration of criteria according to equal weighting in certain circumstances. The bill provides for hiring committees. The bill provides for the selection of hiring committee members by the faculty senate. The bill and provides for the opportunity for hiring committees to interview candidates.

 

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

 

     §18-5D-1, §18-5D-2, §18-5D-3, §18-5D-4, §18-5D-5, §18-5D-6, §18-5D-7, §18-5D-8, §18-5D-9, §18-5D-10, §18-5D-11, §18-5D-12, §18-5D-13, §18-5D-14, §18-5D-15, §18-5D-16, §18-5D-17, §18-5E-1, §18-5E-2, §18-5E-3, §18A-4-2c, §18A-4-3a and §18A-4-3b are new; therefore, strike-throughs and underscoring have been omitted.