H. B. 3116

(By Delegates Shaver, M. Poling, Perry, Pethtel, Lawrence, Ennis, Smith, Pasdon and MoyeSPONSOR)

[Originating in the DATECommittee on EducationCOMMITTEE]

(February 10, 2011)

A BILL to amend and reenact §18-5A-6Bill Title of the code of West Virginia, 1931, as amended, relating to the authority of school curriculum teams and local school collaborative processes with respect to selection and use of testing and assessment instruments not required by statute or state board when certain conditions are met; providing purposes of section; clarifying duties and removing conflicting language; specific exceptions; providing discretionary use of certain assessments, instructional strategies and programs for certain teams when certain conditions are met; vesting powers and duties of curriculum teams with certain collaborative processes if formed; and authorizing collaborative process to incorporate functions of other committees required by rule eliminate the committees at the school. Title Language

Be it enacted by the Legislature of West Virginia:

    That §18-5A-6Enacting Section of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.

§18-5A-6. Establishment of school curriculum teams; process for teacher collaboration to improve learning.

    (a) There shall be established at each school in the state a school curriculum team composed of the school principal, the counselor designated to serve that school and no fewer than three teachers representative of the grades taught at the school and chosen by the faculty senate: Provided, That for a school curriculum team established at an elementary school or a combination elementary and middle school, when the counselor is not assigned to the school on at least a one-half time basis, the curriculum team may meet on days when the counselor is not at the school and the principal shall consult with the counselor on the issues relevant to the meeting agenda.

(b) The purposes of this section are to:

    (1) Provide professional opportunities for teachers, 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;

    (2) Encourage the use of different, high-quality models of teaching, scheduling and other aspects of educational delivery that meet a variety of student needs;

    (3) Increase high-quality educational opportunities for all students that close achievement gaps between high-performing and low-performing groups of public school students; and

    (4) Provide public schools that have achieved exceptional levels of results-driven accountability with increased school-level freedom and flexibility to achieve these purposes. 

    (c) The school curriculum team shall:

    (1) Establish for use at the school the programs and methods for implementing a curriculum based on state-approved content standards based on that meet the needs of students at the individual school with a focus on reading, composition, mathematics, science and technology. The curriculum thus established shall be submitted to the county board for approval for implementation at the school or for return to the school curriculum team for reconsideration.

    (2) The school curriculum team shall Review the list of other non required testing and assessment instruments provided by the state board through the statewide assessment program as provided in section five, article two-e of this chapter and may select one or more of them that are applicable to the grade levels at the school for use at the school to improve student learning; and

    (3) The school has the discretion to use the Establish for use at the school the assessments, and implement the instructional strategies and programs, upon approval by the school curriculum team, that it determines best to promote student achievement at the school and to achieve content standards for courses required by the state board. The assessments, instructional strategies and programs thus established shall be submitted to the county board for approval for implementation at the school or for return to the curriculum team for reconsideration. The school curriculum team may apply for a waiver of any state or county policy requiring it to assess students using any specific assessment except

    (d) Notwithstanding the provisions of subsection (c) of this section, the school curriculum team of a school that has achieved adequate yearly progress or that has achieved a school accreditation status of distinction or exemplary in accordance with the provisions of section five, article two-e of this chapter, has the discretion to use the assessments and implement the instructional strategies and programs that it determines best to promote student achievement at the school consistent with the approved curriculum. The school may not be required to assess students using any specific assessment except the state summative assessment known as the WESTEST2 or any successor tests, the Alternative Performance Task Assessment, the Online Writing Assessment, and the National Assessment of Educational Progress (NAEP), nor may it be required to employ any specific instructional strategy or program to achieve content standards for courses required by the state board, except as approved by the school curriculum team. 

    (e) Nothing in this section may be construed as exempting a school from assessments required by statute or state board policy, including but not limited to, the state summative assessment known as the WESTEST2 or any successor tests, the Alternative Performance Task Assessment, the Online Writing Assessment, and the National Assessment of Educational Progress (NAEP). or to employ any specific instructional strategy or program to achieve content standards for courses required by the state board. Attainment by the school of at least full accreditation status for the previous year shall be the factor considered for granting the waiver request.

    (f) The school curriculum team also may apply for a waiver for instructional resources approved and adopted pursuant to article two-a of this chapter if, in the judgment of the team, the instructional resources necessary for the implementation of the instructional strategies and programs best suited to teach the school’s curriculum are not available through the normal adoption process.

    School curriculum teams may request waivers of non-state mandated tests listed in their county board policies. The determination of whether to grant the request shall be based on the school’s accreditation status. Waivers are in effect for one year only. School curriculum teams may resubmit the same or additional waiver requests the following year.

    (g) The school curriculum team may apply for a grant from the state board for the development or implementation, or both, of remedial and accelerated programs to meet the needs of the students at the individual school.

    (b) (h) Notwithstanding the application and approval provisions of article five-c of this chapter, at a school that has achieved adequate yearly progress or achieved a school accreditation status of distinction or exemplary in accordance with the provisions of section five, article two-e of this chapter, the Each faculty senate with approval of the principal may, in addition to or as an alternative to the school curriculum team provided for in subsection (a) of this section, establish a process for teacher collaboration to improve instruction and learning. The mission of the collaboration process is to review student academic performance based on multiple measures, to identify strategies to improve student performance and make recommendations for improvement to be implemented subject to approval of the principal. The collaborative process shall include such members as determined necessary by the faculty senate to address the needed improvements in the academic performance of students at the school and, if applicable, may consist of multiple subject area subcommittees which may meet independently. If the collaboration process is established as an alternative to the school curriculum team, the powers and duties granted to school curriculum teams shall vest in the collaboration process. The collaborative process may also incorporate the functions of any or all of the following school-level committees required by state board rule and these separate committees shall not be required at the school: The Strategic Planning Committee, the Technology Team and the School Support Team.

    Strike-throughs indicate existing language that would be removed, and underscoring indicates new language that would be added.