House Bill 2919 History
H. B. 2919
(By Delegates Stowers, M. Poling, Perry, Eldridge,
Williams, Ferns and Barrett)
[Introduced March 13, 2013; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-2-26 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18-5-4 of said
code, all relating to increasing the amount of compensation a
member of a county board of education may receive for
attending certain meetings; increasing by $100 the amount a
board member may receive for attending regional education
council meetings if he or she also serves on that council;
increasing by $40 the amount board members may receive for
each board meeting attended; permitting board members to also
be compensated at the same rate for other specific meetings
attended; establishing a maximum number of compensable
meetings; and permitting board members to be compensated for
attending a maximum of six days of approved training classes.
Be it enacted by the Legislature of West Virginia:
That §18-2-26 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-5-4 of said code be amended and reenacted, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-26. Establishment of multicounty regional educational
service agencies; purpose; authority of state
board; governance; annual performance standards.
(a) Legislative intent.
-- The intent of the Legislature in
providing for establishment of regional education service agencies,
hereinafter referred to in this section as agency or agencies, is
to provide for high quality, cost effective education programs and
services to students, schools and school systems.
Since the first enactment of this section in 1972, the focus
of public education has shifted from a reliance on input models to
determine if education programs and services are providing to
students a thorough and efficient education to a performance based
accountability model which relies on the following:
(1) Development and implementation of 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;
(2) Development and implementation of assessments to measure
student performance and progress toward meeting the standards;
(3) Development and implementation of 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
(4) Development and implementation of a method for building
the capacity and improving the efficiency of schools and school
systems to improve student performance and progress.
-- In establishing the agencies the Legislature
envisions certain areas of service in which the agencies can best
assist the state board in implementing the standards based
accountability model pursuant to subsection (a) of this section
and, thereby, in providing high quality education programs. These
areas of service include the following:
(1) Providing technical assistance to low performing schools
and school systems;
(2) Providing high quality, targeted staff development
designed to enhance the performance and progress of students in
state public education;
(3) Facilitating coordination and cooperation among the county
boards within their respective regions in such areas as cooperative
purchasing; sharing of specialized personnel, communications and
technology; curriculum development; and operation of specialized
programs for exceptional children;
(4) Installing, maintaining and/or repairing education related
technology equipment and software with special attention to the
state level basic skills and SUCCESS programs;
(5) Receiving and administering grants under the provisions of
federal and/or state law; and
(6) Developing and/or implementing any other programs or
services as directed by law or by the state board.
(c) State board rule.
-- The state board shall reexamine the
powers and duties of the agencies in light of the changes in state
level education policy that have occurred and shall establish
multicounty regional educational service agencies by rule,
promulgated in accordance with the provisions of article three-b,
chapter twenty-nine-a of this code.
The rule shall contain all information necessary for the
effective administration and operation of the agencies. In
developing the rule, the state board may not delegate its
constitutional authority for the general supervision of schools to
the agencies, however, it may allow the agencies greater latitude
in the development and implementation of programs in the service
areas outlined in subsection (b) of this section with the
exceptions of providing technical assistance to low performing
schools and school systems and providing high quality, targeted
staff development designed to enhance the performance and progress
of students in state public education. These two areas constitute
the most important responsibilities for the agencies.
The rule establishing the agencies shall be promulgated before
November 1, 2002, and shall be consistent with the provisions of this section. It shall include, but is not limited to, the
(1) Providing for a uniform governance structure for the
agencies containing at least these elements:
(A) Selection by the state board of an executive director who
shall be responsible for the administration of his or her
respective agency. The rule shall provide for the state board to
consult with the appropriate regional council during the selection
(B) Development of a job description and qualifications for
the position of executive director, together with procedures for
informing the public of position openings and for taking and
evaluating applications for these positions;
(C) Provisions for the agencies to employ other staff, as
necessary, with the approval of the state board and upon the
recommendation of the executive director: Provided,
That prior to
July 1, 2003, no person who is an employee of an agency on the
effective date of this section may be terminated or have his or her
salary and benefit levels reduced as the sole result of the changes
made to this section or by state board rule;
(D) Appointment by the county boards of a regional council in
each agency area consisting of representatives of county boards and
county superintendents from within that area for the purpose of
advising and assisting the executive director in carrying out his or her duties. The state board may provide for membership on the
regional council for representatives from other agencies and
institutions who have interest or expertise in the development or
implementation of regional education programs; and
(E) Selection by the State Superintendent of a representative
from the State Department of Education to serve on each regional
council. These representatives shall meet with their respective
regional councils at least quarterly;
(2) Establishing statewide standards by the state board for
service delivery by the agencies. These standards may be revised
annually and shall include, but are not limited to, programs and
services to fulfill the purposes set forth in subsection (b) of
(3) Establishing procedures for developing and adopting an
annual basic operating budget for each agency and for other
budgeting and accounting procedures as the state board may require;
(4) Establishing procedures to clarifying that agencies may
acquire and hold real property;
(5) Dividing the state into appropriate, contiguous
geographical areas and designating an agency to serve each area.
The rule shall provide that each of the state's counties is
contained within a single service area and that all counties
located within the boundaries of each agency, as determined by the
state board, shall be members of that agency; and
(6) Such other standards or procedures as the state board
finds necessary or convenient.
(d) Regional services.
-- In furtherance of the purposes
provided for in this section, the state board and the regional
council of each agency shall continually explore possibilities for
the delivery of services on a regional basis which will facilitate
equality in the education offerings among counties in its service
area, permit the delivery of high quality education programs at a
lower per student cost, strengthen the cost effectiveness of
education funding resources, reduce administrative and/or
operational costs, including the consolidation of administrative,
coordinating and other county level functions into region level
functions, and promote the efficient administration and operation
of the public school systems generally.
Technical, operational, programmatic or professional services
are among the types of services appropriate for delivery on a
(e) Virtual education.
-- The state board, in conjunction with
the various agencies, shall develop an effective model for the
regional delivery of instruction in subjects where there exists low
student enrollment or a shortage of certified teachers or where the
delivery method substantially improves the quality of an
instructional program. The model shall incorporate an interactive
electronic classroom approach to instruction. To the extent funds are appropriated or otherwise available, county boards or regional
educational service agencies may adopt and utilize the model for
the delivery of the instruction.
(f) Computer information system.
-- Each county board of
education shall use the uniform integrated regional computer
information system recommended by the state board for data
collection and reporting to the State Department of Education.
County boards of education shall bear the cost of and fully
participate in the implementation of the system by using one of the
(1) Acquiring necessary, compatible equipment to participate
in the regional computer information system; or
(2) Following receipt of a waiver from the state
superintendent, operating a comparable management information
system at a lower cost which provides at least all uniform
integrated regional computer information system software modules
and allows on-line, interactive access for schools and the county
board office onto the statewide communications network. All data
formats shall be the same as for the uniform integrated regional
information system and will reside at the regional computer.
Any county granted a waiver shall receive periodic
notification of any incompatibility or deficiency in its system.
No county shall expand any system either through the purchase of
additional software or hardware that does not advance the goals and implementation of the uniform integrated regional computer
information system as recommended by the state board.
(g) Reports and evaluations. --
Each agency shall submit to
the State Superintendent on such date and in such form as specified
in the rules adopted by the state board a report and evaluation of
the technical assistance and other services provided and utilized
by the schools within each respective region and their
effectiveness. Additionally, any school may submit an evaluation
of the services provided by the agency to the State Superintendent
at any time. This report shall include an evaluation of the agency
program, suggestions on methods to improve utilization and
suggestions on the development of new programs and the enhancement
of existing programs. The reports and evaluations submitted
pursuant to this subsection shall be submitted to the state board
and shall be made available upon request to the standing committees
on education of the West Virginia Senate and House of Delegates and
to the secretary of education and the arts.
(h) Funding sources. --
An agency may receive and disburse
funds from the state and federal governments, from member counties,
or from gifts and grants.
(i) Employee expenses.
-- Notwithstanding any other provision
of this code to the contrary, employees of agencies shall be
reimbursed for travel, meals and lodging at the same rate as state
employees under the travel management office of the Department of Administration.
A county board member may not be an employee of an agency.
(j) Meetings and compensation.
(1) Agencies shall hold at least one half of their regular
meetings during hours other than those of a regular school day.
The executive director of each agency shall attend at least one
meeting of each of the member county boards of education each year
to explain the agency's services, garner suggestions for program
improvement and provide any other information as may be requested
by the county board.
(2) Notwithstanding any other provision of this code to the
contrary, county board members serving on regional councils may
receive compensation at a rate not to exceed
attended, not to exceed fifteen meetings per year. County board
members serving on regional councils may be reimbursed for travel
at the same rate as state employees under the rules of the travel
management office of the Department of Administration.
(k) Computer installation, maintenance and repair.
Agencies shall serve as the lead agency for computer installation,
maintenance and repair for the basic skills and SUCCESS computer
programs. Each agency shall submit a quarterly status report on
turn around time for computer installation, maintenance and repair
to the State Superintendent of Schools who shall then submit a
report to the Legislative Oversight Commission on Education Accountability. The status report for turn around time for
computer installation, maintenance and repair shall be based on the
following suggested time schedules:
Network File Servers.......................forty-eight hours
Local Area Networks........................forty-eight hours
West Virginia Education
Information System.........................twenty-four hours
Computer Workstations.....................three to five days
Printers..................................three to five days
Other Peripherals.........................three to five days
Agencies also shall submit an audit report to the Legislative
Oversight Commission on Education Accountability each year.
(l) Professional development.
-- Pursuant to the processes and
provisions of section twenty-three-a, article two, chapter eighteen
of this code, each agency shall provide coordinated professional
development programs within its region to meet the professional
development goals established by the state board.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-4. Meetings; employment and assignment of teachers; budget
hearing; compensation of members; affiliation with
state and national associations.
(a) The county board shall meet upon the dates provided by
law, and at any other times the county board fixes upon its records. Subject to adequate public notice, nothing in this
section prohibits the county board from conducting regular meetings
in facilities within the county other than the county board office.
At any meeting as authorized in this section and in compliance with
the provisions of chapter eighteen-a of this code, the county board
may employ qualified teachers, or those who will qualify by the
time they enter upon their duties, necessary to fill existing or
anticipated vacancies for the current or next ensuing school year.
Meetings of the county board shall be held in compliance with the
provisions of chapter eighteen-a of this code for purposes relating
to the assignment, transfer, termination and dismissal of teachers
and other school employees.
(b) Special meetings may be called by the president or any
three members, but no business may be transacted other than that
designated in the call.
(c) In addition, a public hearing shall be held concerning the
preliminary operating budget for the next fiscal year not fewer
than ten days after the budget has been made available to the
public for inspection and within a reasonable time prior to the
submission of the budget to the state board for approval.
Reasonable time shall be granted at the hearing to any person who
wishes to speak regarding any part of the budget. Notice of the
hearing shall be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine of this code.
(d) A majority of the members of the county board is the
quorum necessary for the transaction of official business.
(e) Board members may receive compensation at a rate not to
per meeting attended, but they may not receive pay
for more than fifty meetings in any one fiscal year.
who serve on an administrative council of a multicounty vocational
center also may receive compensation for attending up to twelve
meetings of the council at the same rate as for meetings of the
county board. Meetings of the council are not counted as board
meetings for purposes of determining the limit on compensable board
meetings.(f) A board member who serves on an administrative council of
a multicounty vocational center, a county extension service
committee or any other public council, committee or governing board
to which, by law, the board or its president is authorized to
appoint a member may also receive compensation for attending
meetings of that council, committee or governing board at the same
rate as for meetings of the county board. Except as provided by
section twenty-six, article two of this chapter, compensation
received by the member is limited to twelve meetings of any single
council, committee or governing board in any one fiscal year.
Meetings of those councils, committees or governing boards do not
count as county board meetings for purposes of determining the limit on compensable meetings of a county board.
__(g) Board members may be compensated at a rate not to exceed
$200 per day for attending training approved by the state board and
conducted by the West Virginia School Board Association or other
organizations approved by the state board pursuant to section one-a
of this article, up to a maximum of six days per fiscal year.
Members also shall be paid, upon the presentation of
an itemized sworn statement, for all necessary traveling expenses,
including all authorized meetings, incurred on official business,
at the order of the county board.
When, by a majority vote of its members, a county
board considers it a matter of public interest, the county board
may join the West Virginia School Board Association and the
National School Board Association and may pay the dues prescribed
by the associations and approved by action of the respective county
boards. Membership dues and actual traveling expenses incurred by
board members for attending meetings of the West Virginia School
Board Association may be paid by their respective county boards out
of funds available to meet actual expenses of the members, but no
allowance may be made except upon sworn itemized statements.
NOTE: The purpose of this bill is to increase the amount of
compensation members of county boards of education may receive for
attending certain meetings. The bill increases from $100 to $200
the amount a board member may receive for attending council
meetings of a regional education service agency if he or she also serves on that council. The bill increases the amount of
compensation from $160 to $200
a board member may receive for each
board meeting attended. The bill permits board members who serve on
an administrative council of a multicounty vocational center, a
county extension service committee or any other public council,
committee or governing board, under specified conditions, to
receive up to $200 per meeting. The bill limits the number of
compensable meetings of each council, committee or governing board
to twelve per fiscal year and provides for an exception. The bill
also permits county board members to be compensated up to $200 per
day for approved training classes, up to a maximum of six days per
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would