Senate Bill No. 701
(By Senator Plymale)
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[Introduced March 21, 2005; referred to the Committee
on Education.]
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A BILL to amend §18-2E-5 of the Code of West Virginia, 1931, as
amended, relating to the process for improving education;
eliminating requirement that statewide assessment occur at
specific grade levels; limiting the use of any assessment of
grades kindergarten through second grade; eliminating obsolete
language requiring a study; and requiring an Algebra I end-of-
course exam.
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 to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; education standards and
accountability measures; Office of Education
Performance Audits; school accreditation and school
system approval; intervention to correct impairments.
(a)
Legislative findings, purpose and intent. -- The
Legislature makes the following findings with respect to the
process for improving education and its purpose and intent in the
enactment of this section:
(1) The process for improving education includes four primary
elements, these being:
(A) Standards which set forth the things that students should
know and be able to do as the result of a thorough and efficient
education including measurable criteria to evaluate student
performance and progress;
(B) Assessments of student performance and progress toward
meeting the standards;
(C) A system for holding schools and school systems
accountable for student performance and progress toward obtaining
a high quality education which is delivered in an efficient manner;
and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2) As the constitutional body charged with the general
supervision of schools as provided by general law, the State Board
has the authority and the responsibility to establish the
standards, assess the performance and progress of students against
the standards, hold schools and school systems accountable, and assist schools and school systems to build capacity and improve
efficiency so that the standards are met, including, when
necessary, seeking additional resources in consultation with the
Legislature and the Governor.
(3) As the constitutional body charged with providing for a
thorough and efficient system of schools, the Legislature has the
authority and the responsibility to establish and be engaged
constructively in the determination of the things that students
should know and be able to do as the result of a thorough and
efficient education. This determination is made by using the
process for improving education to determine when school
improvement is needed, by evaluating the results and the efficiency
of the system of schools, by ensuring accountability, and by
providing for the necessary capacity and its efficient use.
(4) In consideration of these findings, the purpose of this
section is to establish a process for improving education that
includes the four primary elements as set forth in subdivision (1)
of this subsection to provide assurances that the high quality
standards are, at a minimum, being met and that a thorough and
efficient system of schools is being provided for all West Virginia
public school students on an equal education opportunity basis.
(5) The intent of the Legislature in enacting this section and
section five-c of this article is to establish a process through
which the Legislature, the Governor and the State Board can work in the spirit of cooperation and collaboration intended in the process
for improving education to consult and examine the performance and
progress of students, schools and school systems and, when
necessary, to consider alternative measures to ensure that all
students continue to receive the thorough and efficient education
to which they are entitled. However, nothing in this section
requires any specific level of funding by the Legislature.
(b)
Unified county and school improvement plans. -- The State
Board shall promulgate a rule consistent with the provisions of
this section and in accordance with article three-b, chapter
twenty-nine-a of this code establishing a unified county
improvement plan for each county board and a unified school
improvement plan for each public school in this state. Each
respective plan shall be a five-year plan that includes the mission
and goals of the school or school system to improve student, school
or school system performance and progress, as applicable. The plan
shall be revised annually in each area in which the school or
system is below the standard on the annual performance measures.
The revised annual plan also shall identify any deficiency which is
reported on the check lists identified in paragraph (G),
subdivision (5), subsection (j) of this section including any
deficit more than a casual deficit by the county board. The plan
shall be revised when required pursuant to this section to include
each annual performance measure upon which the school or school system fails to meet the standard for performance and progress, the
action to be taken to meet each measure, a separate time line and
a date certain for meeting each measure, a cost estimate and, when
applicable, the assistance to be provided by the department and
other education agencies to improve student, school or school
system performance and progress to meet the annual performance
measure.
The Department shall make available to all public schools
through its web site or the West Virginia Education Information
System an electronic unified school improvement plan boilerplate
designed for use by all schools to develop a unified school
improvement plan which incorporates all required aspects and
satisfies all improvement plan requirements of the No Child Left
Behind Act.
(c)
High quality education standards and efficiency standards.
-- In accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, the State Board shall adopt and
periodically review and update high quality education standards for
student, school and school system performance and processes in the
following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance and progress;
(12) School and school system performance and progress;
(13) A code of conduct for students and employees;
(14) Indicators of efficiency; and
(15) Any other areas determined by the State Board.
The standards shall assure that graduates are prepared for
continuing post-secondary education, training and work and that
schools and school systems are making progress toward achieving the
education goals of the state.
(d)
Annual performance measures. -- The standards shall
include annual measures of student, school and school system
performance and progress. The following annual measures of
student, school and school system performance and progress shall be
the only measures for determining school accreditation and school
system approval:
(1) The acquisition of student proficiencies
as indicated by
in accordance with the following:
(A) student performance and progress in grades three through eight, inclusive, and grade ten shall be measured Student
proficiencies shall be measured by a uniform statewide assessment
program
at grade levels to be determined by the State Board,
subject to paragraph (B) of this subdivision;
(B) The indicators for student progress in reading and
mathematics in grades kindergarten through second grade shall be
measured by the informal assessment established by the West
Virginia Department of Education or other assessments, as
determined by the school curriculum team. If the school fails to
meet adequate yearly progress in reading or mathematics for two
consecutive years, the county superintendent, the school principal
and the school curriculum team shall decide whether a different
assessment should be used to verify that benchmarks are being met.
If the county superintendent, the school principal and the school
curriculum team differ on what assessment is used, then each entity
shall have one vote.
The State Board may not use any assessment in
grades kindergarten through second grade for the purpose of
determining school accreditation or school system approval;
(C) Furthermore, The State Board may require that student
proficiencies be measured through the West Virginia writing
assessment at any of the grades that are determined by the State
Board to be appropriate.
(D) It is the intent of the Legislature that in the future a
grade eleven uniform statewide assessment be administered in lieu of the grade ten uniform statewide assessment;
The state board
shall perform an analysis of the costs and the benefits of
administering the grade eleven uniform statewide assessment in lieu
of the grade ten uniform statewide assessment. The analysis shall
include a review of the need for end of course exams in grades nine
through twelve. The State Board shall report the results of the
analysis to the legislative oversight commission on education
accountability.
(E) Effective with the school year beginning two thousand six,
and each year thereafter, the State Board shall establish and
require the use of an end of course exam for Algebra I. The
Algebra I end of course exam shall count as fifteen percent of each
student's course grade. The State Board may not use the Algebra I
end of course exam results for the purpose of determining school
accreditation and school system approval; and
(F) The State Board may provide other testing or assessment
instruments applicable to grade levels kindergarten through grade
twelve through the statewide assessment program for optional use by
each school as determined by the school curriculum team to measure
student performance and progress;
(2) Only for schools that do not include grade twelve, the
school attendance rate which shall be no less than ninety percent
in attendance. The following absences
shall be 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
(3) The high school graduation rate which shall be no less
than eighty percent, or if the high school graduation rate is less
than eighty percent, the high school graduation rate shall be
higher than the high school graduation rate of the preceding year
as determined from information on the West Virginia Education
Information System on the fifteenth day of August.
(e)
Indicators of exemplary performance and progress. - The
standards shall include indicators of exemplary student, school and
school system performance and progress. The indicators of
exemplary student, school and school system performance and
progress shall be used only as indicators for determining whether
accredited and approved schools and school systems should be
granted exemplary status. These indicators shall include, but are
not limited to, the following:
(1) The percentage of graduates who declare their intent to
enroll in college and other post-secondary education and training
following high school graduation;
(2) The percentage of graduates who receive additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(3) The percentage of students who successfully complete
advanced placement, dual credit and honors classes.
(f)
Indicators of efficiency. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code,
the State Board shall adopt 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)
Utilization 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.
(g)
Assessment and accountability of school and school system
performance and processes. -- In accordance with the provisions of
article three-b, chapter twenty-nine-a of this code, the State
Board shall establish by rule a system of education performance
audits which measures the quality of education and the preparation
of students based on the annual measures of student, school and
school system performance and progress. The system of education
performance audits shall provide information to the State Board,
the Legislature and the Governor, 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 unified improvement
plans; and
(4) The on-site review of the processes in place in schools
and school systems to enable school and school system performance
and progress and compliance with the standards.
(h)
Uses of school and school system assessment information.
-- The State Board and the process for improving education council
established pursuant to section five-c of this article shall use
information from the system of education performance audits to
assist them in ensuring that a thorough and efficient system of
schools is being provided and to improve student, school and school
system performance and progress. Information from the system of
education performance audits further shall be used by the State
Board for these purposes, including, but not limited to, the
following:
(1) Determining school accreditation and school system
approval status;
(2) Holding schools and school systems accountable for the
efficient use of existing resources to meet or exceed the
standards; and
(3) Targeting additional resources when necessary to improve
performance and progress.
The State Board shall make accreditation information available
to the Legislature, the Governor, the general public and to any
individual who requests the information, subject to the provisions
of any act or rule restricting the release of information.
(i)
Early detection and intervention programs. -- Based on the
assessment of student, school and school system performance and
progress, the State Board shall establish early detection and intervention programs using the available resources of the
Department of Education, the regional educational service agencies,
the center for professional development and the principals academy,
as appropriate, to assist underachieving schools and school systems
to improve performance before conditions become so grave as to
warrant more substantive state intervention. Assistance shall
include, but is not limited to, providing additional technical
assistance and programmatic, professional staff development,
providing monetary, staffing and other resources where appropriate,
and, if necessary, making appropriate recommendations to the
process for improving education council.
(j)
Office of education performance audits. --
(1) To assist the State Board and the process for improving
education council in the operation of a system of education
performance audits, the State Board shall establish an Office of
Education Performance Audits consistent with the provisions of this
section. The Office of Education Performance Audits shall be
operated under the direction of the State Board independently of
the functions and supervision of the State Department of Education
and State Superintendent. The Office of Education Performance
Audits shall report directly to and be responsible to the State
Board and the process for improving education council created in
section five-c of this article in carrying out its duties under the
provisions of this section.
(2) The office shall be headed by a Director who shall be
appointed by the State Board and who shall serve at the will and
pleasure of the State Board. The annual salary of the Director
shall be set by the State Board and may not exceed eighty percent
of the salary cap of the State Superintendent.
of schools.
(3) The State Board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by law and by the State
Board. Employees of the State Department of Education who are
transferred to the Office of Education Performance Audits shall
retain their benefits and seniority status with the Department of
Education.
(4) Under the direction of the State Board, the Office of
Education Performance Audits shall receive from the West Virginia
Education Information System staff research and analysis data on
the performance and progress of students, schools and school
systems, and shall receive assistance, as determined by the State
Board, from staff at the State Department of Education, the
Regional Education Service Agencies, the Center for Professional
Development, the Principals Academy and the State School Building
Authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it by
the State Board or by statute, the Office of Education Performance
Audits also shall:
(A) Assure that all statewide assessments of student performance used as annual performance measures are secure as
required in section one-a of this article;
(B) Administer all accountability measures as assigned by the
State Board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems; and
(ii) Recommendations to the State Board on appropriate action,
including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the State
Board, and recommend to the State Board and the process for
improving education council, plans to establish those needed
capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity of schools and school systems to meet the
standards established by the State Board, including the
identification of trends and the need for continuing improvements
in education, and report those deficiencies and trends to the State
Board and the process for improving education council;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the State Board, and make recommendations to the State Board, the Process for
Improving Education Council, the Center for Professional
Development, the Regional Educational Service Agencies, the Higher
Education Policy Commission, and the county boards;
(F) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance, and make recommendations to the State Board and the
process for improving education council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The State Board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with
the various
of the applicable laws, policies and process standards as
considered appropriate and approved by the State Board, including,
but not limited to, the following:
(i) The use of a policy for the evaluation of all school
personnel that meets the requirements of sections twelve and
twelve-a, article two, chapter eighteen-a of this code;
(ii) The participation of students in appropriate physical assessments as determined by the State Board, which assessment may
not be used as a part of the assessment and accountability system;
(iii) The appropriate licensure of school personnel; and
(iv) The school provides multi-cultural activities.
Information contained in the reporting formats 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.
(k)
On-site reviews. --
(1) The system of education performance audits shall include
on-site reviews of schools and school systems which shall be
conducted only at the specific direction of the State Board upon
its determination that the performance and progress of the school
or school system are persistently below standard or that other
circumstances exist that warrant an on-site review. Any
discussion by the State Board of schools to be subject to an
on-site review or dates for which on-site reviews will be conducted
may be held in executive session, and is not subject to the
provisions of article nine-a, chapter six of this code, relating to
open governmental proceedings. An on-site review shall be
conducted by the Office of Education Performance Audits of a school
or school system for the purpose of investigating the reasons for
performance and progress that are persistently below standard and
making recommendations to the school and school system, as appropriate, and to the State Board on such measures as it
considers necessary to improve performance and progress to meet the
standard. The investigation may include, but is not limited to,
the following:
(A) Verifying data reported by the school or county board;
(B) Examining compliance with the laws and policies affecting
student, school and school system performance and progress;
(C) Evaluating the effectiveness and implementation status of
school and school system unified improvement plans;
(D) Investigating official complaints submitted to the State
Board that allege serious impairments in the quality of education
in schools or school systems;
(E) Investigating official complaints submitted to the State
Board that allege that a school or county board is in violation of
policies or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews and
inspections have been conducted by the appropriate agencies,
including, but not limited to, the State Fire Marshal, the Health
Department, the School Building Authority and the responsible
divisions within the Department of Education, and whether noted
deficiencies have been or are in the process of being corrected.
The Office of Education Performance Audits may not conduct a
duplicate review or inspection of any compliance reviews or
inspections conducted by the Department or its agents or other duly authorized agencies of the state, nor may it mandate more stringent
compliance measures.
(2) The Director of the Office of Education Performance Audits
shall notify the county superintendent of schools five school days
prior to commencing an on-site review of the county school system
and shall notify both the county superintendent and the principal
five school days prior to commencing an on-site review of an
individual school:
Provided, That the State Board may direct the
Office of Education Performance Audits to conduct an unannounced
on-site review of a school or school system if the State Board
believes circumstances warrant an unannounced on-site review.
(3) The Office of Education Performance Audits shall conduct
on-site reviews which are limited in scope to specific areas in
which performance and progress are persistently below standard as
determined by the State Board unless specifically directed by the
State Board to conduct a review which covers additional areas.
(4) An on-site review of a school or school system shall
include a person or persons from the department of education or a
public education agency in the state who has expert knowledge and
experience in the area or areas to be reviewed, and who has been
trained and designated by the State Board to perform
such
those functions. If the size of the school or school system and
issues being reviewed necessitate the use of an on-site review
team or teams, the person or persons designated by the State Board shall advise and assist the Director to appoint the team or teams.
The person or persons designated by the State Board shall be the
team leaders.
The persons designated by the State Board shall be responsible
for completing the report on the findings and recommendations of
the on-site review in their area of expertise. It is the intent of
the Legislature that the persons designated by the State Board
participate in all on-site reviews that involve their area of
expertise, to the extent practicable, so that the on-site review
process will evaluate compliance with the standards in a uniform,
consistent and expert manner.
(5) The Office of Education Performance Audits shall reimburse
a county board for the costs of substitutes required to replace
county board employees while they are serving on a review team.
(6) At the conclusion of an on-site review of a school system,
the Director and team leaders shall hold an exit conference with
the Superintendent and shall provide an opportunity for principals
to be present for at least the portion of the conference pertaining
to their respective schools. In the case of an on-site review of
a school, the exit conference shall be held with the principal and
curriculum team of the school and the superintendent shall be
provided the opportunity to be present. The purpose of the exit
conference is to review the initial findings of the on-site review,
clarify and correct any inaccuracies and allow the opportunity for dialogue between the reviewers and the school or school system to
promote a better understanding of the findings.
(7) The Office of Education Performance Audits shall report
the findings of an on-site review to the county superintendent and
the principals whose schools were reviewed within thirty days
following the conclusion of the on-site review. The Office of
Education Performance Audits shall report the findings of the
on-site review to the State Board within forty-five days after the
conclusion of the on-site review. A copy of the report shall be
provided to the Process for Improving Education Council at its
request.
(8) The Legislature finds that the accountability and
oversight of the following activities and programmatic areas in the
public schools is controlled through other mechanisms and that
additional accountability and oversight are not only unnecessary
but counter productive in distracting necessary resources from
teaching and learning. Therefore, notwithstanding any other
provision of this section to the contrary, the following activities
and programmatic areas are not subject to review by the Office of
Education Performance Audits:
(A) Work-based learning;
(B) Use of advisory councils;
(C) Program accreditation and student credentials;
(D) Student transition plans;
(E) Graduate assessment form;
(F) Casual deficit;
(G) Accounting practices;
(H) Transportation services;
(I) Special education services;
(J) Safe, healthy and accessible facilities;
(K) Health services;
(L) Attendance director;
(M) Business/community partnerships;
(N) Pupil-teacher ratio/split grade classes;
(O)Local school improvement council, faculty senate, student
assistance team and curriculum team;
(P) Planning and lunch periods;
(Q) Skill improvement program;
(R) Certificate of proficiency;
(S) Training of county board members;
(T) Excellence in job performance;
(U) Staff development; and
(V) Preventive discipline, character education and student and
parental involvement.
(l)
School accreditation. -- The State Board annually shall
review the information from the system of education performance
audits submitted for each school and shall issue to every school
one of the following approval levels: Exemplary accreditation status, full accreditation status, temporary accreditation status,
conditional accreditation status, or seriously impaired status.
(1) Full accreditation status shall be given to a school when
the school's performance and progress meet or exceed the standards
adopted by the State Board pursuant to subsection (d) of this
section and it does not have any deficiencies which would endanger
student health or safety or other extraordinary circumstances as
defined by the State Board. A school that meets or exceeds the
performance and progress standards but has the other deficiencies
shall remain on full accreditation status for the remainder of the
accreditation period and shall have an opportunity to correct those
deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary accreditation status shall be given to a school
when the school's performance and progress are below the level
required for full accreditation status. Whenever a school is given
temporary accreditation status, the county board shall ensure that
the school's unified improvement plan is revised in accordance with
subsection (b) of this section to increase the performance and
progress of the school to a full accreditation status level. The
revised plan shall be submitted to the State Board for approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance and progress are below the
level required for full accreditation, but the school's unified
improvement plan meets the following criteria:
(A) The plan has been revised to improve performance and
progress on the standard or standards by a date or dates certain;
(B) The plan has been approved by the State Board; and
(C) The school is meeting the objectives and time line
specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance and progress meet or exceed the
standards adopted by the State Board pursuant to subsections(d) and
(e) of this section. The State Board shall promulgate legislative
rules in accordance with the provisions of article three-b, chapter
twenty-nine-a,
designated to establish standards of performance and
progress to identify exemplary schools.
(5) Seriously impaired accreditation status shall be given to
a school whenever extraordinary circumstances exist as defined by
the State Board.
(A) These circumstances shall include, but are not limited to,
the following:
(i) The failure of a school on temporary accreditation status
to obtain approval of its revised unified school improvement plan
within a reasonable time period as defined by the State Board;
(ii) The failure of a school on conditional accreditation
status to meet the objectives and time line of its revised unified
school improvement plan; or
(iii) The failure of a school to meet a standard by the date specified in the revised plan.
(B) Whenever the State Board determines that the quality of
education in a school is seriously impaired, the State Board shall
appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correction of the impairment.
When the State Board approves the recommendations, they shall be
communicated to the county board. If progress in correcting the
impairment as determined by the State Board is not made within six
months from the time the county board receives the recommendations,
the State Board shall place the county board on temporary approval
status and provide consultation and assistance to the county board
to assist it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management
practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to
correct the impairment.
(C) If the impairment is not corrected by a date certain as
set by the State Board:
(i) The State Board shall appoint a monitor who shall be paid
at county expense to cause improvements to be made at the school to
bring it to full accreditation status within a reasonable time
period as determined by the State Board. The monitor's work location shall be at the school and the monitor shall work
collaboratively with the principal. The monitor shall, at a
minimum, report monthly to the State Board on the measures being
taken to improve the school's performance and the progress being
made. The reports may include requests for additional assistance
and recommendations required in the judgment of the monitor to
improve the school's performance, including, but not limited to,
the need for targeting resources strategically to eliminate
deficiencies;
(ii) The State Board may make a determination, in its sole
judgment, that the improvements necessary to provide a thorough and
efficient education to the students at the school cannot be made
without additional targeted resources, in which case, it shall
establish a plan in consultation with the county board that
includes targeted resources from sources under the control of the
State Board and the county board to accomplish the needed
improvements. Nothing in this subsection shall be construed to
allow a change in personnel at the school to improve school
performance and progress, except as provided by law;
(iii) If the impairment is not corrected within one year after
the appointment of a monitor, the State Board may make a
determination, in its sole judgment, that continuing a monitor
arrangement is not sufficient to correct the impairment and may
intervene in the operation of the school to cause improvements to be made that will provide assurances that a thorough and efficient
system of schools will be provided. This intervention may include,
but is not limited to, establishing instructional programs, taking
such direct action as may be necessary to correct the impairments,
declaring the position of principal is vacant and assigning a
principal for the school who shall serve at the will and pleasure
of and, under the sole supervision of, the State Board:
Provided,
That prior to declaring that the position of the principal is
vacant, the State Board must make a determination that all other
resources needed to correct the impairment are present at the
school. If the principal who was removed elects not to remain an
employee of the county board, then the principal assigned by the
State Board shall be paid by the county board. If the principal
who was removed elects to remain an employee of the county board,
then the following procedure applies:
(I) The principal assigned by the State Board shall be paid by
the State Board until the next school term, at which time the
principal assigned by the State Board shall be paid by the county
board;
(II) The principal who was removed shall be eligible for all
positions in the county, including teaching positions, for which
the principal is certified, by either being placed on the transfer
list in accordance with section seven, article two, chapter
eighteen-a of this code, or by being placed on the preferred recall list in accordance with section seven-a, article four, chapter
eighteen-a of this code; and
(III) The principal who was removed shall be paid by the
county board and may be assigned to administrative duties, without
the county board being required to post that position until the end
of the school term;
(6) The county board shall take no action nor refuse any
action if the effect would be to impair further the school in which
the State Board has intervened.
(7) The State Board may appoint a monitor pursuant to the
provisions of this subsection to assist the school principal after
intervention in the operation of a school is completed.
(m)
Transfers from seriously impaired schools. -- Whenever a
school is determined to be seriously impaired and fails to improve
its status within one year, following state intervention in the
operation of the school to correct the impairment, any student
attending the school may transfer once to the nearest fully
accredited school in the county, subject to approval of the fully
accredited school and at the expense of the school from which the
student transferred.
(n)
School system approval. -- The State Board annually shall
review the information submitted for each school system from the
system of education performance audits and issue one of the
following approval levels to each county board: Full approval, temporary approval, conditional approval or nonapproval.
(1) Full approval shall be given to a county board whose
schools have all been given full, temporary or conditional
accreditation status and which does not have any deficiencies which
would endanger student health or safety or other extraordinary
circumstances as defined by the State Board. A fully approved
school system in which other deficiencies are discovered shall
remain on full accreditation status for the remainder of the
approval period and shall have an opportunity to correct those
deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its unified county improvement plan in
accordance with subsection (b) of this section to increase the
performance and progress of the school system to a full approval
status level. The revised plan shall be submitted to the State
Board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose unified county improvement plan meets the
following criteria:
(i) The plan has been revised in accordance with subsection
(b) of this section;
(ii) The plan has been approved by the State Board; and
(iii) The county board is meeting the objectives and time line
specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its unified county
improvement plan or revised unified county improvement plan within
a reasonable time period as defined by the State Board or which
fails to meet the objectives and time line of its revised unified
county improvement plan or fails to achieve full approval by the
date specified in the revised plan.
(A) The State Board shall establish and adopt additional
standards to identify school systems in which the program may be
nonapproved and the State Board may issue nonapproval status
whenever extraordinary circumstances exist as defined by the State
Board.
(B) Whenever a county board has more than a casual deficit, as
defined in section one, article one of this chapter, the county
board shall submit a plan to the State Board specifying the county
board's strategy for eliminating the casual deficit. The State
Board either shall approve or reject the plan. If the plan is
rejected, the State Board shall communicate to the county board the
reason or reasons for the rejection of the plan. The county board
may resubmit the plan any number of times. However, any county
board that fails to submit a plan and gain approval for the plan from the State Board before the end of the fiscal year after a
deficit greater than a casual deficit occurred or any county board
which, in the opinion of the State Board, fails to comply with an
approved plan may be designated as having nonapproval status.
(C) Whenever nonapproval status is given to a school system,
the State Board shall declare a state of emergency in the school
system and shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correcting the
emergency. When the State Board approves the recommendations, they
shall be communicated to the county board. If progress in
correcting the emergency, as determined by the State Board, is not
made within six months from the time the county board receives the
recommendations, the State Board shall intervene in the operation
of the school system to cause improvements to be made that will
provide assurances that a thorough and efficient system of schools
will be provided. This intervention may include, but is not
limited to, the following:
(i) Limiting the authority of the county superintendent and
county board as to the expenditure of funds, the employment and
dismissal of personnel, the establishment and operation of the
school calendar, the establishment of instructional programs and
rules and any other areas designated by the State Board by rule,
which may include delegating decision-making authority regarding
these matters to the State Superintendent;
(ii) Declaring that the office of the county superintendent is
vacant;
(iii) Delegating to the State Superintendent both the
authority to conduct hearings on personnel matters and school
closure or consolidation matters and, subsequently, to render the
resulting decisions, and the authority to appoint a designee for
the limited purpose of conducting hearings while reserving to the
State Superintendent the authority to render the resulting
decisions;
(iv) Functioning in lieu of the county board of education in
a transfer, sale, purchase or other transaction regarding real
property; and
(v) Taking any direct action necessary to correct the
emergency including, but not limited to, the following:
(I) Delegating to the State Superintendent the authority to
replace administrators and principals in low performing schools and
to transfer them into alternate professional positions within the
county at his or her discretion; and
(II) Delegating to the State Superintendent the authority to
fill positions of administrators and principals with individuals
determined by the State Superintendent to be the most qualified for
the positions. Any authority related to intervention in the
operation of a county board granted under this paragraph is not
subject to the provisions of article four, chapter eighteen-a of this code;
(o) Notwithstanding any other provision of this section, the
State Board may intervene immediately in the operation of the
county school system with all the powers, duties and
responsibilities contained in subsection (n) of this section, if
the State Board finds the following:
(1) That the conditions precedent to intervention exist as
provided in this section; and that delaying intervention for any
period of time would not be in the best interests of the students
of the county school system; or
(2) That the conditions precedent to intervention exist as
provided in this section and that the State Board had previously
intervened in the operation of the same school system and had
concluded that intervention within the preceding five years.
(p)
Capacity. -- The process for improving education includes
a process for targeting resources strategically to improve the
teaching and learning process. Development of unified school and
school system improvement plans, pursuant to subsection (b) of this
section, is intended, in part, to provide mechanisms to target
resources strategically to the teaching and learning process to
improve student, school and school system performance. When
deficiencies are detected through the assessment and accountability
processes, the revision and approval of school and school system
unified improvement plans shall ensure that schools and school systems are efficiently using existing resources to correct the
deficiencies. When the State Board determines that schools and
school systems do not have the capacity to correct deficiencies,
the State Board shall work with the county board to develop or
secure the resources necessary to increase the capacity of schools
and school systems to meet the standards and, when necessary, seek
additional resources in consultation with the Legislature and the
Governor.
The State Board shall recommend to the appropriate body
including, but not limited to, the process for improving education
council, the Legislature, county boards, schools and communities
methods for targeting resources strategically to eliminate
deficiencies identified in the assessment and accountability
processes. When making determinations on recommendations, the
State Board shall include, but is not limited to, the following
methods:
(1) Examining reports and unified improvement plans regarding
the performance and progress of students, schools and school
systems relative to the standards and identifying the areas in
which improvement is needed;
(2) Determining the areas of weakness and of ineffectiveness
that appear to have contributed to the substandard performance and
progress of students or the deficiencies of the school or school
system;
(3) Determining the areas of strength that appear to have
contributed to exceptional student, school and school system
performance and progress and promoting their emulation throughout
the system;
(4) Requesting technical assistance from the school building
authority in assessing or designing comprehensive educational
facilities plans;
(5) Recommending priority funding from the school building
authority based on identified needs;
(6) Requesting special staff development programs from the
center for professional development, the principals academy, higher
education, regional educational service agencies and county boards
based on identified needs;
(7) Submitting requests to the Legislature for appropriations
to meet the identified needs for improving education;
(8) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with
increased enrollment are appropriately reflected and recommended
for funding;
(10) Ensuring that the appropriate person or entity is held
accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the
state and local level to assist the school or school system in achieving the standards and alleviating the deficiencies.
NOTE: The purpose of this bill is to eliminate requirement
that statewide assessment occur at specific grade levels; limit the
use of any assessment of grades kindergarten through second grade;
eliminate obsolete language requiring a study; and require an
Algebra I end of course exam.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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