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Introduced Version - Originating in Committee House Bill 3157 History

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H. B. 3157

 

(By Delegates M. Poling, Stowers, Lawrence, Williams, Perry, Pethtel, Tomblin, Young, Pasdon, Evans and WestfallSPONSOR)

 

 

[Originating in the DATECommittee on EducationCOMMITTEE.]

(March 22, 2013)

 

 

 

A BILL to repeal §11-1C-5b of the code of West Virginia, 1931, as amended; to repeal §18-2-5g, §18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31, §18-2-36, §18-2-37 and §18-2-38Bill Title of said code; to repeal §18-2E-3c and §18-2E-3d of said code; to repeal §18-5-40 of said code; to repeal §18-9-2b, §18-9-5, §18-9-7 and §18-9-8 of said code; to repeal §18-9A-3a, §18-9A-3b, §18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said code; to repeal §18-9B-11 and §18-9B-16 of said code; to repeal §18A-3-2b of said code; to further amend said code by adding thereto a new section, designated §18-2E-5e; and to amend and reenact §18-9A-10 of said code, allBill Title relating to restoring the authority, flexibility, and capacity of schools and school systems to improve student learning; eliminating requirement for annual summary and submission of certain county board policies; eliminating requirement for biennial report on public schools and institutions; eliminating expired provisions for RESA study; eliminating expired provisions for study on staff fluctuations at certain schools; eliminating outdated provisions on comprehensive education program plans; eliminating requirement for statewide curriculum technology resource center; eliminating outdated provisions for automatic cost of living adjustment plan; eliminating outdated provisions for student learning abilities grant program; eliminating expired provisions on flood and property insurance study; eliminating expired provisions on study of school teams and committees; eliminating prescriptive summer reading and math grant program provisions; eliminating provisions pilot program for operation on schools on semester basis; eliminating outdated provisions for transferring school funds from magisterial and independent school districts; eliminating outdated provisions related to the board of the school fund; eliminating outdated provisions related to supplemental aid to for districts with institutional home for orphans and homeless children; eliminating expired provisions for transition to new provisions on school finance; eliminating expired provisions for school finance in certain fiscal year; eliminating expired provisions for one-year transitional allocation appropriation for certain rural districts; eliminating expired provisions related to levies subsequent to passage of statewide uniform excess levy; eliminating inoperable provisions for legislative reserve fund; eliminating requirement for appropriation for teacher of the year salary; eliminating allowance for workers’ compensation for unpaid work-based learning; eliminating outdated provisions related to board of school finance; eliminating provisions related to beginning teacher internship; making legislative findings on Goals for Education; making legislative findings on policy-oriented objectives in Goals for Education; making legislative findings on certain issues raised by Efficiency Audit; making legislative findings on consistency of certain Audit conclusion and policy-oriented objectives of Goals for Education; stating purpose of section with respect to Goals for Education and policy-oriented objectives; requiring state board report on accountability supervisory method that does not affect school and district strategic plans in certain ways; requiring state board to provide clear and consistent expectations for reasonable period in certain ways; requiring state board to ensure certain school and school system capacity for professional development; requiring state board to evaluate its performance and progress on achieving goals and report to Legislative Oversight Commission on Education Accountability; eliminating state board approval of certain electronic strategic improvement plans; reducing percent of increase in local share added to allowance to improve instructional programs; requiring certain funds available for use for personnel to be used for only certain personnel subject to certain condition; increasing percent of increase in local share added to instructional technology purposes; changing purpose to county and school strategic improvement plans; and changing method of allocation to counties. Title Language

Be it enacted by the Legislature of West Virginia:

    That §11-1C-5b of the code of West Virginia, 1931, as amended, be repealed; that §18-2-5g, §18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31, §18-2-36, §18-2-37 and §18-2-38Enacting Section that §18-2E-3c and §18-2E-3d of said code be repealed; that §18-5-40 of said code be repealed; that §18-9-2b, §18-9-5, §18-9-7 and §18-9-8 of said code be repealed; that §18-9A-2a, §18-9A-3a, §18-9A-3b, §18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said code be repealed; that §18-9B-11 and §18-9B-16 of said code be repealed; that §18A-3-2b of said code be repealed; that said code be further amended by adding thereto a new section, designated §18-2E-5e; and that §18-9A-10 of said code be amended and reenacted, allEnacting Section to read as follows:

ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

18-2E-5e. Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning; findings with respect to Goals for Education and Efficiency Audit; state board reports.

    (a) The Legislature finds that the Goals for Education, Vision 2020: An Education Blueprint for Two Thousand Twenty, are set forth in section four, article one of this chapter and among these Goals are policy-oriented objectives to be accomplished or attained to meet the Goals, including objectives for:

    (1) Curriculum and engaging instruction;

    (2) An accountability and accreditation system that is based on rigorous standards for student outcomes aligned with national and international standards

    (3) A statewide balanced assessment processes for state, district, school and classroom decision-making that reflects national and international rigorous performance standards;

    (4) A personnel allocation, licensure and funding process that aligns with the needs of 21st Century school systems and is supported by a quality coordinated professional development delivery system; and

    (5) A leadership recruitment, development and support continuum.

    (b) The Legislature finds that, while the other policy-oriented objectives relating to the promotion of a healthy, safe and responsible school environment, equitable access to technology and alignment with post-secondary and workplace readiness are equally important, embodied within these five listed objectives is the vision for a system of schools that:

    (1) Has clear and consistent expectations for student learning upon which schools and school systems will be held accountable;

    (2) Encourages school and district self-analysis and strategic planning and the implementation of research-based strategies to achieve the expectations for student learning;

    (3) Allows schools and school districts to create innovative approaches to instructional delivery and design that help students develop a deep understanding and ability to apply content to real-world situations;

    (4) Includes ongoing professional development activities focused on enhancing student achievement and achieving specific goals the school and district strategic plans;

    (5) Provides schools the ability to access, organize and deliver high quality embedded professional development that provides staff with in-depth sustained and supported learning;

    (6) Allows opportunities for staff to collectively learn, plan and implement curricular and instructional improvements on behalf of the students they serve; and

    (7) Develops high quality leadership at the classroom, school and district levels.

    (c) The Legislature finds further that among the major issues raised by the Efficiency Audit of West Virginia’s Primary and Secondary Education System conducted by Public Works, LLC, is a description of West Virginia’s system of schools as heavily regulated. The Audit report focuses on how the system can be better designed to meet the needs of students, elevate their aspirations, and prepare them for post-secondary education and careers. Among its general conclusions is the need to drive more educational decision-making down to the level closest to the students, to the classroom and building level - allowing principals to lead and teachers to deliver the most effective curriculum for their students - and then holding them accountable for student success.

    (d) The Legislature finds that the Audit’s conclusion that more local flexibility is needed, and the responses to it expressed during the Legislature’s several reviews, are consistent with the direction of policy-oriented objectives as set forth in the Goals for Education, Vision 2020: An Education Blueprint for Two Thousand Twenty. Therefore, the purpose of this section is to establish the Goals and its policy-oriented objectives as set forth in section four, article one of this chapter as the primary avenue for restoring the authority, flexibility, and capacity of schools and school systems to improve student learning to meet or exceed the expectations established by the state board and Legislature. Pursuant to this purpose, in addition the plan to be submitted to the Legislative Oversight Commission on Education Accountability as provided in said section four, the state board shall:

    (1) On or before November 1, 2013, report to the Legislative Oversight Commission on Education Accountability its recommendations, along with any recommended statutory changes necessary to effectuate its recommendations, a method for holding schools and school systems accountable for meeting or exceeding its expectations for student learning and for otherwise exercising its general supervisory authority that does not impede the ability of schools and school systems to plan strategically and implement strategies for improving student learning, does not utilize school and school system strategic plans as a mechanism for regulatory compliance and does not subject them to state-level approval or annual updates to meet the state-level objectives;

    (2) Provide clear and consistent expectations for student learning upon which schools and school systems may base their school improvement efforts by limiting the frequency of large scale revisions of curriculum standards and assessments to a reasonable period of years to the extent possible by integrating any new initiatives within the existing framework of standards and assessments;

    (3) Ensure that the state’s mechanism for professional development delivery allows adequate flexibility and resources for schools and school systems to address in a timely and focused manner the needed improvement in professional personnel performance identified through the evaluation process and strategic improvement plans; and

    (4) Annually evaluate and report the results to the Legislative Oversight Commission on Education Accountability its performance and progress on achieving the Goals for Education, Vision 2020: An Education Blueprint for Two Thousand Twenty and the associated policy-oriented objectives.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-10. Foundation allowance to improve instructional programs.

    (a) The total allowance to improve instructional programs shall be the sum of the following:

    (1) For instructional improvement, in accordance with county and school electronic strategic improvement plans required by section five, article two-e of this chapter, an amount equal to fifteen ten percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be distributed to the counties as follows:

    (A) $150,000 shall be allocated to each county; and

    (B) Distribution to the counties of the remainder of these funds shall be made proportional to the average of each county’s average daily attendance for the preceding year and the county’s second month net enrollment.

    Moneys allocated by provision of this section subdivision shall be used to improve instructional programs according to the county and school electronic strategic improvement plans: required by section five, article two-e of this chapter and approved by the state board: Provided, That notwithstanding any other provision of this code to the contrary, moneys allocated by provision of this section may also be used in the implementation and maintenance of the uniform integrated regional computer information system.

    Up to twenty-five percent of this allocation may be used to employ professional educators and service personnel in counties after all applicable provisions of sections four and five of this article have been fully utilized.

    Prior to the use of any funds from this section subdivision for personnel costs, the county board must receive authorization from the state Superintendent of Schools. The state superintendent shall require the county board to demonstrate: (1) The need for the allocation; (2) efficiency and fiscal responsibility in staffing; (3) sharing of services with adjoining counties and the regional educational service agency for that county in the use of the total local district board budget; and (4) employment of technology integration specialists to meet the needs for implementation of the West Virginia 21st Century Strategic Technology Learning Plan. County boards shall make application for available funds the use of funds for personnel for the next fiscal year by May 1 of each year. On or before June 1, the state superintendent shall review all applications and notify applying county boards of the distribution of the allocation. The funds shall be distributed approval or disapproval of the use of funds for personnel during the fiscal year appropriate. The state superintendent shall require the county board to demonstrate the need for an allocation for personnel based upon the county’s inability to meet the requirements of state law or state board policy: Provided, That the funds available for personnel under this section subsection may not be used to increase the total number of professional noninstructional personnel in the central office beyond four: Provided, however, That for the school year beginning July 1, 2013, and thereafter, any funds available to a county for use for personnel above the amount available for the 2012-2013 school year, may only be used for technology systems specialists until the state superintendent determines that the county has sufficient technology systems specialists to serve the needs of the county. The plan shall be made available for distribution to the public at the office of each affected county board; plus

    (2) For the purposes of the West Virginia 21st Century Strategic Technology Learning Plan provided for in section seven, article two-e of this chapter improving instructional technology programs according to the county and school strategic improvement plans, an amount equal to fifteen twenty percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be allocated to the counties as provided in section seven, article two-e of this chapter to meet the objectives of the West Virginia 21st Century Strategic Technology Learning Plan The sum of these amounts shall be distributed to the counties as follows:

    (A) $30,000 shall be allocated to each county; and

    (B) Distribution to the counties of the remainder of these funds shall be made proportional to the average of each county’s average daily attendance for the preceding year and the county’s second month net enrollment.

    Moneys allocated by provision of this subdivision shall be used to improve instructional technology programs according to the county and school strategic improvement plans; plus

    (3) One percent of the state average per pupil state aid multiplied by the number of students enrolled in dual credit, advanced placement and international baccalaureate courses, as defined by the state board, distributed to the counties proportionate to enrollment in these courses in each county; plus

    (4) An amount not less than the amount required to meet debt service requirements on any revenue bonds issued prior to January 1, 1994, and the debt service requirements on any revenue bonds issued for the purpose of refunding revenue bonds issued prior to January 1, 1994, shall be paid into the School Building Capital Improvements Fund created by section six, article nine-d of this chapter and shall be used solely for the purposes of that article. The School Building Capital Improvements Fund shall not be utilized to meet the debt services requirement on any revenue bonds or revenue refunding bonds for which moneys contained within the School Building Debt Service Fund have been pledged for repayment pursuant to that section.

    (b) When the school improvement bonds secured by funds from the School Building Capital Improvements Fund mature, the state Board of Education shall annually deposit an amount equal to $24,000,000 from the funds allocated in this section into the School Construction Fund created pursuant to the provisions of section six, article nine-d of this chapter to continue funding school facility construction and improvements.

    (c) Any project funded by the School Building Authority shall be in accordance with a comprehensive educational facility plan which must be approved by the state board and the School Building Authority.


    Note: This bill repeals numerous outdated, overly prescriptive or ineffective sections of code. It makes findings on the Goals for Education, Vision 2020: An Education Blueprint for Two Thousand Twenty and the education efficiency audit and establishes the policy-oriented objectives in the Goals as the primary avenue for restoring the authority, flexibility, and capacity of schools and school systems to improve student learning to meet or exceed the expectations established by the state board and Legislature.


    It directs the State Board to report a method for accountability and supervision that does not interfere with school and county strategic planning, to provide clear and consistent expectations for student learning for a reasonable period of time, to ensure adequate flexibility and resources for school and school system professional development to address needs identified by evaluations and strategic plans, and to evaluate its performance and progress on the Goals and report to LOCEA.


    Finally, it eliminates State Board approval of county strategic plans for instructional improvement and technology under Step 7 of the school aid formula, shifts 5% the growth in local share to the technology portion of the allocation, distributes the technology allocation to the counties using a base+net enrollment formula similar to the formula for the distribution of instructional improvement funds. 

  

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

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