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Introduced Version Senate Bill 460 History

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Senate Bill No. 460

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

____________

[Introduced March 4, 2005; referred to the Committee

on Government Organization; and then to the Committee on Finance.]

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A BILL to repeal §5-1B-1, §5-1B-2, §5-1B-3, §5-1B-4, §5-1B-5, §5- 1B-6, §5-1B-7 and §5-1B-8 of the Code of West Virginia, 1931, as amended; to repeal §5-26-1, §5-26-2, §5-26-2a, §5-26-2b, §5-26-3, §5-26-4, §5-26-5, §5-26-6 and §5-26-8 of said code; to repeal §18A-3A-1, §18A-3A-2, §18A-3A-2a, §18A-3A-2b, §18A- 3A-3 and §18A-3A-4 of said code; to amend said code by adding thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-5, §5A-6-6, §5A-6-7 and §5A-6-8; to amend and reenact §5A-7-4 of said code; to amend and reenact §5A-8-15 of said code; to amend and reenact §5B-3-4 and §5B-3-5 of said code; to amend and reenact §9-1-2 of said code; to amend said code by adding thereto four new sections, designated §9-2-6b, §9-2-6c, §9-2-6d and §9-2-6e of said code; to amend said code by adding thereto a new section, designated §9-4-1a; to amend and reenact §10-5-2 of said code; to amend and reenact §11- 10A-6 and §11-10A-7 of said code; to amend and reenact §16-5K-2 and §16-5K-4 of said code; to amend and reenact §17-16A-3 and §17-16A-10 of said code; to amend and reenact §18-2-23a of said code; to amend and reenact §18-2E-3g and §18-2E-5 of said code; to amend and reenact §18-2I-3 and §18-2I-4 of said code; to amend and reenact §18-5-18d of said code; to amend and reenact §18A-1-1 of said code; to amend and reenact §18A-2-9 and §18A-2-12 of said code; to amend and reenact §18A-3-1, §18A-3-2b and §18A-3-2c of said code; to amend and reenact §18A-3A-5 of said code; and to amend and reenact §49-9-3 and §49-9-15 of said code, all relating to the reorganization of the executive branch of state government; transferring the Office of Technology from the Office of the Governor to the Department of Administration; providing that the Director of Information Services and Communications Division shall report to the Chief Technology Officer; defining certain terms; providing additional duties for the Secretary of Health and Human Resources; transferring the Citizen's Advisory Council and the Children's Fund from the Governor's Cabinet on Children and Families to the Department of Health and Human Resources; making technical corrections throughout the code; providing for the appointment, powers and duties of the Educational Broadcasting Authority; providing for the appointment, powers, duties and authority of the Executive Director of the Educational Broadcasting Authority; providing for the appointment, powers and duties of the Parkways, Economic Development and Tourism Authority; providing for the appointment, powers, duties, authority and compensation of the Executive Director of the Parkways, Economic Development and Tourism Authority; modifying the term of the Chief Administrative Law Judge of the Office of Tax Appeals; providing that the Governor has the authority to appoint two administrative law judges to the Office of Tax Appeals; providing that the Department of Education shall create a master plan for professional staff development; providing that the Advanced Placement Center shall be in the Department of Education and the Arts; and establishing the Principals Academy within the Department of Education.

Be it enacted by the Legislature of West Virginia:
That §5-1B-1, §5-1B-2, §5-1B-3, §5-1B-4, §5-1B-5, §5-1B-6, §5- 1B-7 and §5-1B-8 of the Code of West Virginia, 1931, as amended, be repealed; that §5-26-1, §5-26-2, §5-26-2a, §5-26-2b, §5-26-3, §5- 26-4, §5-26-5, §5-26-6 and §5-26-8 of said code be repealed; that §18A-3A-1, §18A-3A-2, §18A-3A-2a, §18A-3A-2b, §18A-3A-3 and §18A- 3A-4 of said code be repealed; that said code be amended by adding thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6- 4, §5A-6-5, §5A-6-6, §5A-6-7 and §5A-6-8; that §5A-7-4 of said code be amended and reenacted; that §5A-8-15 of said code be amended and reenacted; that §5B-3-4 and §5B-3-5 of said code be amended and reenacted; that §9-1-2 of said code be amended and reenacted; that said code be amended by adding thereto four new sections, designated §9-2-6b, §9-2-6c, §9-2-6d and §9-2-6e; that said code be amended by adding thereto a new section, designated §9-4-1a; that §10-5-2 of said code be amended and reenacted; that §11-10A-6 and §11-10A-7 of said code be amended and reenacted; that §16-5K-2 and §16-5K-4 of said code be amended and reenacted; that §17-16A-3 and §17-16A-10 of said code be amended and reenacted; that §18-2-23a of said code be amended and reenacted; that §18-2E-3g and §18-2E-5 of said code be amended and reenacted; that §18-2I-3 and 18-2I-4 of said code be amended and reenacted; that §18-5-18d of said code be amended and reenacted; that §18A-1-1 of said code be amended and reenacted; that §18A-2-9 and §18A-2-12 of said code be amended and reenacted; that §18A-3-1, §18A-3-2b and §18A-3-2c be amended and reenacted; that §18A-3A-5 of said code be amended and reenacted; and that §49-9-3 and §49-9-15 of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 6. OFFICE OF TECHNOLOGY
§5A-6-1. Findings and purposes.
The Legislature finds and declares that information technology is essential to finding practical solutions to the everyday problems of government, and that the management goals and purposes of government are furthered by the development of compatible, linked information systems across government. Therefore, it is the purpose of this article to create, as an integral part of the Department of Administration, the Office of Technology with the authority to advise and make recommendations to all state spending units on their information systems.
§5A-6-2. Definitions.
As used in this article:
(a) "Information systems" means computer-based information equipment and related services designed for the automated transmission, storage, manipulation and retrieval of data by electronic or mechanical means;
(b) "Information technology" means data processing and telecommunications hardware, software, services, supplies, personnel, maintenance and training, and includes the programs and routines used to employ and control the capabilities of data processing hardware;
(c) "Information equipment" includes central processing units, front-end processing units, miniprocessors, microprocessors and related peripheral equipment such as data storage devices, networking equipment, services, routers, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer-based word processing systems other than memory typewriters and equipment and systems for computer networks;
(d) "Related services" include feasibility studies, systems design, software development and time-sharing services whether provided by state employees or others;
(e) "Telecommunications" means any transmission, emission or reception of signs, signals, writings, images or sounds of intelligence of any nature by wire, radio or other electromagnetic or optical systems. The term includes all facilities and equipment performing those functions that are owned, leased or used by the executive agencies of state government;
(f) "Chief Technology Officer" means the person holding the position created in section three of this article and vested with authority to assist state spending units in planning and coordinating information systems that serve the effectiveness and efficiency of the individual state spending units, and further the overall management goals and purposes of government; and
(g) "Experimental program to stimulate competitive research" (EPSCoR) means the West Virginia component of the national EPSCoR program which is designed to improve the competitive research and development position of selected states through investments in academic research laboratories and laboratory equipment. The recognized West Virginia EPSCoR, which is part of the office of technology, is the responsible organization for the coordination and submission of proposals to all federal agencies participating in the EPSCoR program.
§5A-6-3. Office of Technology; Chief Technology Officer; appointment and qualifications.

There is hereby created the Office of Technology within the Department of Administration. There shall also be a Chief Technology Officer, who shall be appointed by and shall serve at the will and pleasure of the Governor. The Chief Technology Officer shall have knowledge in the field of information technology, experience in the design and management of information systems and an understanding of the special demands upon government with respect to budgetary constraints, the protection of privacy interests and federal and state standards of accountability. §5A-6-4. Powers and duties; professional staff.
(a) With respect to all state spending units the Chief Technology Officer may:
(1) Develop an organized approach to information resource management for this state;
(2) Provide, with the assistance of the Information Services and Communications Division of the Department of Administration, technical assistance to the administrators of the various state spending units in the design and management of information systems;
(3) Evaluate, in conjunction with the information services and communications division, the economic justification, system design and suitability of information equipment and related services, and review and make recommendations on the purchase, lease or acquisition of information equipment and contracts for related services by the state spending units;
(4) Develop a mechanism for identifying those instances where systems of paper forms should be replaced by direct use of information equipment and those instances where applicable state or federal standards of accountability demand retention of some paper processes;
(5) Develop a mechanism for identifying those instances where information systems should be linked and information shared, while providing for appropriate limitations on access and the security of information;
(6) Create new technologies to be used in government, convene conferences and develop incentive packages to encourage the utilization of technology;
(7) Engage in any other activities as directed by the governor; and
(8) Charge a fee to the state spending units for evaluations performed and technical assistance provided under the provisions of this section. All fees collected by the Chief Technology Officer shall be deposited in a special account in the state treasury to be known as the "Chief Technology Officer Administration Fund". Expenditures from the fund shall be made by the chief technology officer for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code. Amounts collected which are found from time to time to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.
(b) With respect to executive agencies only, the Chief Technology Officer may:
(1) Develop a unified and integrated structure for information systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and time lines for addressing the information technology requirements of the various executive agencies of state government;
(3) Exercise such authority inherent to the chief executive of the state as the Governor may, by executive order, delegate, to overrule and supersede decisions made by the administrators of the various executive agencies of government with respect to the design and management of information systems and the purchase, lease or acquisition of information equipment and contracts for related services;
(4) Draw upon staff of other executive agencies for advice and assistance in the formulation and implementation of administrative and operational plans and policies; and
(5) Recommend to the Governor transfers of equipment and human resources from any executive agency and the most effective and efficient uses of the fiscal resources of executive agencies, to consolidate or centralize information-processing operations.
(c) The Chief Technology Officer may employ the personnel necessary to carry out the work of the office and may approve reimbursement of costs incurred by employees to obtain education and training.
§5A-6-5. Notice of request for proposals by state spending units required to make purchases through the State Purchasing Division.

Any state spending unit that is required to submit a request for proposal to the State Purchasing Division prior to purchasing goods or services shall notify the Chief Technology Officer, in writing, of any proposed purchase of goods or services related to its information and telecommunication systems. The notice shall contain a brief description of the goods and services to be purchased. The state spending unit shall provide the notice to the Chief Technology Officer at the same time it submits its request for proposal to the State Purchasing Division.
§5A-6-6. Notice of request for proposals by state spending unitsexempted from submitting purchases to the State Purchasing Division.

(a) Any state spending unit that is not required to submit a request for proposal to the State Purchasing Division prior to purchasing goods or services shall notify the Chief Technology Officer, in writing, of any proposed purchase of goods or services related to its information or telecommunication systems. The notice shall contain a detailed description of the goods and services to be purchased. The state spending unit shall provide the notice to the Chief Technology Officer a minimum of ten days prior to the time it requests bids on the provision of the goods or services.
(b) If the Chief Technology Officer evaluates the suitability of the information and telecommunication equipment and related services under the provisions of subdivision (3), subsection (a), section four of this article and determines that the goods or services to be purchased are not suitable, he or she shall, within ten days of receiving the notice from the state spending unit, notify the state spending unit, in writing, of any recommendations he or she has regarding the proposed purchase of the goods or services. If the state spending unit receives a written notice from the Chief Technology Officer within the time period required by this section, the state spending unit shall not put the goods or services out for bid less than fifteen days following receipt of the notice from the Chief Technology Officer. §5A-6-7. Biannual report.
The Chief Technology Officer shall report biannually to the Legislative Joint Committee on Government and Finance on the activities of his or her office. §5A-6-8. Exemptions.
The provisions of this article do not apply to the Legislature or the Judiciary.
ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.
§5A-7-4. Powers and duties of division generally; professional staff; telephone service.

(a) The Division is responsible for providing technical services and assistance to the various state spending units with respect to developing and improving data processing and telecommunications functions. The Division may provide training and direct data processing services to the various state agencies. The Division shall, upon request of the Chief Technology Officer, within the office of the governor provide technical assistance in evaluating the economic justification, system design and suitability of equipment and systems used in state government. The Director shall report to the Chief Technology Officersecretary.
(b) The Director is responsible for the development of personnel to carry out the technical work of the Division and may approve reimbursement of costs incurred by employees to obtain education and training.
(c) The Director may assess each state spending unit for the cost of any evaluation of the economic justification, system design and suitability of equipment and systems used by the state spending unit or any other technical assistance that is provided or performed by the Chief Technology Officer and the Division under the provisions of section four, article one-b of this chapter.
(d) The Director shall transfer any moneys received as a result of the assessments that he or she makes under subsection(c) of this section to the Office of chief Technology officer. The Director shall report quarterly to the Joint Committee on Government and Finance on all assessments made pursuant to subsection (c) of this section.
(e) The Director shall maintain an accounting system for all telephone service to the state.
(f) The provisions of this article do not apply to the Legislature or the Judiciary.
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT. §5A-8-15. Records management and preservation of county records;
alternate storage of county records; Records Management and Preservation Board created; qualifications and appointment of members; reimbursement of expenses; staffing; rule-making authority; study of records management needs of state agencies; grants to counties.

The Legislature finds that the use of electronic technology and other procedures to manage and preserve public records by counties should be uniform throughout the state where possible.
(a) The governing body and the chief elected official of any unit of each county, hereinafter referred to as a county government entity, whether organized and existing under a charter or under general law, shall promote the principles of efficient records management and preservation of local records. Such county governing entity may, as far as practical, follow the program established for the uniform management and preservation of county records as set out in a rule or rules proposed for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code as proposed by the Records Management and Preservation Board established herein.
(b) In the event any such governing body or the chief elected official of a unit of a county government entity decides to destroy or otherwise dispose of a county record, the governing body or such chief elected official may, prior to destruction or disposal thereof, offer the record to the Director of the Section of Archives and History of the Division of Culture and History for preservation of the record as a document of historical value. Unless authorized by the Supreme Court of Appeals, the records of courts of record and magistrate courts are not affected by the provisions of this section.
(c) A preservation duplicate of a county government entity record may be stored in any format, approved by the Board as hereinafter established, where the image of the original record is preserved in a form, including CD-ROM and optical image storage media, in which the image thereof is incapable of erasure or alteration and from which a reproduction of the stored record may be retrieved which truly and accurately depicts the image of the original county government record.
Except for those formats, processes and systems used for the storage of records on the effective date of this section, no alternate format for the storage of county government entity records described in this section is authorized for the storage of county government entity records unless the particular format has been approved pursuant to a legislative rule promulgated by the Board as herein created in accordance with the provisions of chapter twenty-nine-a of this code. The Board as herein established may prohibit the use of any format, process or system used for the storage of records upon its determination that the same is not reasonably adequate to preserve the records from destruction, alteration or decay.
Upon creation of a preservation duplicate which stores an original county government entity record in an approved format in which the image thereof is incapable of erasure or alteration and from which a reproduction of the stored record may be retrieved which truly and accurately depicts the image of the original record, the county government entity may destroy or otherwise dispose of the original in accordance with the provisions of section seven-c, article one, chapter fifty-seven of this code.
(d) There is hereby created a Records Management and Preservation Board for county government entities, to be composed of nine members.
(1) Three members shall serve ex officio. One member shall be the Commissioner of the Division of Culture and History who shall be the chairman of the Board. One member shall be the Administrator of the Supreme Court of Appeals. One member shall be the administrator of the governor's office of Chief Technology Officer or his or her designee.
(2) The Governor shall appoint six members of the Board with the advice and consent of the Senate. Not more than five appointments to the Board may be from the same political party and not more than three members may be appointed from the same congressional district. Of the six members appointed by the governor: (i) Three appointments shall be county elected officials, one of whom shall be a clerk of the county commission, one of whom shall be a circuit court clerk and one of whom shall be a county commissioner, to be selected from a list of nine names, including the names of three clerks of county commissions and three circuit court clerks submitted to the Governor by the West Virginia association of counties and the names of three county commissioners submitted to the governor jointly by the West Virginia association of counties and the West Virginia county commissioners association; (ii) one appointment shall be a county prosecuting attorney to be selected from a list of three names submitted by the West Virginia prosecuting attorneys institute; (iii) one appointment shall be an attorney licensed in West Virginia and in good standing as a member of the state bar with experience in real estate and mineral title examination, to be selected from a list of three names submitted by the state bar; and (iv) one appointment shall be a representative of a local historical or genealogical society.
(e) The members of the Board shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as members of the Board. In the event the expenses are paid, or are to be paid, by a third party, the member shall not be reimbursed by the state.
(f) The staff of the Board shall consist of the Director of the Archives and History Section of the Division of Culture and History and such staff as he or she may designate to assist him or her.
(g) On or before the first day of July, two thousand one, the Board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish a system of records management and preservation for county governments: Provided, That, for the retention and disposition of records of courts of record and magistrate courts, the implementation of the rule is subject to action of the West Virginia Supreme Court of Appeals. The proposed rule or rules shall include provisions for establishing a program of grants to county governments for making records management and preservation uniform throughout the state. The Board is not authorized to propose or promulgate emergency rules under the provisions of this section.
(h) On or before the first day of April, two thousand two, the Board, in cooperation with the administrator and state executive agencies under the general authority of the Governor, shall conduct a study of the records management and preservation needs of state executive agencies. Should the Board determine a need for a uniform records management and preservation system for such agencies, it shall recommend that the administrator propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide for the implementation of a uniform records management and preservation system for state executive agencies.
(i) In addition to the fees charged by the clerk of the county commission under the provisions of section ten, article one, chapter fifty-nine of this code, the clerk shall charge and collect an additional one-dollar fee for every document containing less than ten pages filed for recording and an additional one-dollar fee for each additional ten pages of such document filed for recording. At the end of each month, the clerk of the county commission shall deposit into the special public records and preservation account as herein established in the State Treasury all fees collected: Provided, That the clerk may retain not more than ten percent of such fees for costs associated with the collection of the fees. Clerks shall be responsible for accounting for the collection and deposit in the state treasury of all fees collected by such clerk under the provisions of this section.
There is hereby created in the State Treasury a special account entitled the "public records and preservation revenue account". The account shall consist of all fees collected under the provisions of this section, legislative appropriations, interest earned from fees, investments, gifts, grants or contributions received by the Board. Expenditures from the account shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code: Provided, That for the fiscal year ending the thirtieth day of June, two thousand one, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
Subject to the above provision, the Board may expend the funds in the account to implement the provisions of this article. In expending funds from the account, the Board shall allocate not more than fifty percent of such funds for grants to counties for records management, access and preservation purposes. The Board shall provide for applications, set guidelines and establish procedures for distributing grants to counties including a process for appealing an adverse decision on a grant application. Expenditures from the account shall be for the purposes set forth in this section, including the cost of additional staff of the Division of Archives and History.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

ARTICLE 3. WEST VIRGINIA ECONOMIC DEVELOPMENT STRATEGY: A VISION SHARED.

§5B-3-4. Commission review of procedural rules, interpretive rules and existing legislative rules.

(a) The Joint Commission on Economic Development may review any procedural rule, interpretive rule or existing legislative rule and make recommendations concerning the rules to the Legislature.
(b) The Development Office and the Tourism Commission established pursuant to article two of this chapter, the Economic Development Authority established pursuant to article fifteen, chapter thirty-one of this code, the Bureau of Employment Programs established pursuant to article four, chapter twenty-one-a of this code, the Workers' Compensation Commission established pursuant to article one, chapter twenty-three of this code, the Workforce Investment Commission established pursuant to article two-c of this chapter, West Virginia Jobs Investment Trust, Regional Planning and Development Councils, West Virginia Rural Development Council, governor's Office of Technology and West Virginia Clearinghouse for Workforce Education shall each file a copy of its legislative rules with the commission as provided for in this section. Each agency that proposes legislative rules in accordance to the provisions of article three, three-a or three-b, chapter twenty-nine-a of this code relating to economic development or workforce development shall file the rules with the Joint Commission at the time the rules are filed with the Secretary of State prior to the public comment period or public hearing required in said chapter.
§5B-3-5. Joint commission on economic development studies.
(a) The Joint Commission on Economic Development shall study the following:
(1) The feasibility of establishing common regional configurations for such purposes as local workforce investment areas, regional educational service agencies and for all other purposes the commission considers feasible. The study should review the existing levels of cooperation between state and local economic developers, complete an analysis of possible regional configurations and outline examples of other successful regional systems or networks found throughout the world. If the study determines that the common regional configurations are feasible, the commission shall recommend legislation establishing common regional designations for all purposes the commission considers feasible. In making the designation of regional areas, the study shall take into consideration, but not be limited to, the following:
(A) Geographic areas served by local educational agencies and intermediate educational agencies;
(B) Geographic areas served by post-secondary educational institutions and area vocational education schools;
(C) The extent to which the local areas are consistent with labor market areas;
(D) The distance that individuals will need to travel to receive services provided in the local areas; and
(E) The resources of the local areas that are available to effectively administer the activities or programs;
(2) The effectiveness and fiscal impact of incentives for attracting and growing businesses, especially technology-intensive companies; and
(3) A comprehensive review of West Virginia's existing economic and community development resources and the recommendation of an organizational structure, including, but not limited to, the reorganization of the Bureau of Commerce and the Development Office that would allow the state to successfully compete in the new global economy.
(b) In order to effectuate in the most cost-effective and efficient manner the studies required in this article, it is necessary for the Joint Commission to assemble and compile a tremendous amount of information. The Development Office will assist the Joint Commission in the collection and analysis of this information. The Tourism Commission established pursuant to article two of this chapter, the Economic Development Authority established pursuant to article fifteen, chapter thirty-one of this code, the Bureau of Employment Programs established pursuant to article four, chapter twenty-one-a of this code, the Workers' Compensation Commission established pursuant to article one, chapter twenty- three of this code, the Workforce Investment Commission established pursuant to article two-c of this chapter, West Virginia Jobs Investment Trust, regional planning and development councils, West Virginia Rural Development Council, governor's Office of Technology and West Virginia Clearinghouse for Workforce Education all shall provide a copy of the agency's annual report as submitted to the Governor in accordance with the requirements set forth in section twenty, article one, chapter five of this code to the West Virginia Development Office. The Development Office shall review, analyze and summarize the data contained in the reports, including its own annual report, and annually submit its findings to the Joint Commission on or before the thirty-first day of December.
(c) The Legislative Auditor shall provide to the Joint Commission a copy of any and all reports on agencies listed in subsection (b) of this section, which are required under article ten, chapter four of this code.
(d) The Joint Commission shall complete the studies set forth in this section and any other studies the Joint Commission determines to undertake prior to the first day of December of each year and may make recommendations, including recommended legislation for introduction during the regular session of the Legislature.
CHAPTER 9. HUMAN SERVICES.

ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS.
§9-1-2. Definitions.
The following words and terms when used in this chapter have the meanings indicated unless the context clearly indicates a different meaning, and any amendment of this section applies to any verdict, settlement, compromise or judgment entered after the effective date of the amendments to this section enacted during the regular session of the Legislature, one thousand nine hundred ninety-five.
(a) The term "Department" means the State Division of Human Services.
(b) The term "Commissioner" means the Commissioner of Human Services.
(c) The term "federal-state assistance" means and includes:
(1) All forms of aid, care, assistance and services to or on behalf of persons, which are authorized by, and who are authorized to receive the same under and by virtue of, subchapters one, four, five, ten, fourteen, sixteen, eighteen and nineteen, chapter seven, Title 42, United States Code, as those subchapters have heretofore been and may hereafter be amended, supplemented and revised by acts of Congress, and as those subchapters so amended, supplemented and revised have heretofore been and may hereafter be supplemented by valid rules and regulations promulgated by authorized federal agents and agencies, and as those subchapters so amended, supplemented and revised have heretofore been and may hereafter be supplemented by rules promulgated by the State Division of Human Services, which Division rules shall be consistent with federal laws, rules and regulations, but not inconsistent with state law; and
(2) all forms of aid, care, assistance and services to persons, which are authorized by, and who are authorized to receive the same under and by virtue of, any act of Congress, other than the federal social security act, as amended, for distribution through the state Division of Human Services to recipients of any form of aid, care, assistance and services to persons designated or referred to in (1) of this definition and to recipients of state assistance, including by way of illustration, surplus food and food stamps, which Congress has authorized the secretary of agriculture of the United States to distribute to needy persons.
(d) The term "federal assistance" means and includes all forms of aid, care, assistance and services to or on behalf of persons, which are authorized by, and who are authorized to receive the same under and by virtue of, any act of Congress for distribution through the state Division of Human Services, the cost of which is paid entirely out of federal appropriations.
(e) The term "state assistance" means and includes all forms of aid, care, assistance, services and general relief made possible solely out of state, county and private appropriations to or on behalf of indigent persons, which are authorized by, and who are authorized to receive the same under and by virtue of, state Division of Human Services' rules.
(f) The term "welfare assistance" means the three classes of assistance administered by the state Division of Human Services, namely: Federal-state assistance, federal assistance and state assistance.
(g) The term "indigent person" means any person who is domiciled in this state and who is actually in need as defined by Department rules and has not sufficient income or other resources to provide for such need as determined by the state Division of Human Services.
(h) The term "domiciled in this state" means being physically present in West Virginia accompanied by an intention to remain in West Virginia for an indefinite period of time, and to make West Virginia his or her permanent home. The state Division of Human Services may by rules supplement the foregoing definition of the term "domiciled in this state", but not in a manner as would be inconsistent with federal laws, rules, and regulations applicable to and governing federal-state assistance.
(i) The term "medical services" means medical, surgical, dental and nursing services, and other remedial services recognized by law, in the home, office, hospital, clinic and any other suitable place, provided or prescribed by persons permitted or authorized by law to give such services; the services to include drugs and medical supplies, appliances, laboratory, diagnostic and therapeutic services, nursing home and convalescent care and such other medical services and supplies as may be prescribed by the persons.
(j) The term "general relief" means cash or its equivalent in services or commodities expended for care and assistance to an indigent person other than for care in a county infirmary, child shelter or similar institution.
(k) The term "Secretary" means the Secretary of the Department of Health and Human Resources.
(l) The term "estate" means all real and personal property and other assets included within the individual's estate as defined in the state's probate law.
(m) The term "services" means nursing facility services, home and community-based services, and related hospital and prescription drug services for which an individual received medicaid medical assistance.
(n) The term "state medicaid agency" means the Division of the Department of Health and Human Resources that is the federally designated single state agency charged with administration and supervision of the state medicaid program.
(o) The term "family resource network" means a local community organization charged with service coordination, needs and resource assessment, planning, community mobilization and evaluation, and which has been recognized by the secretary as having met the following criteria:
(1) Agreeing to a single governing entity; (2) Agreeing to engage in activities to improve service systems for children and families within the community; (3) Addressing a geographic area of a county or two or more contiguous counties;
(4) Having nonproviders, which include family representatives and other members who are not employees of publicly funded agencies, as the majority of the members of the governing body, and having family representatives as the majority of the nonproviders;
(5) Having representatives of local service agencies, including, but not limited to, the Public Health Department, the behavioral health center, the local health and human resources agency and the county school district, on the governing body;
(6) Accepting principles consistent with the cabinet's mission as part of its philosophy.
Provided, however, that a family resource network may not provide direct services, which means to provide programs or services directly to children and families.
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF
COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-6b. Duties of Secretary generally.
(a) In addition to all other duties and responsibilities assigned to the Secretary in this article and elsewhere by law, the secretary shall:
(1) Establish, oversee, evaluate and provide technical assistance, and such moneys as may be made available by legislative appropriation to family resource networks, starting points centers, early parent education programs and other community based initiatives;
(2) Develop a cross-agency multi-year state plan consistent with priorities established by local plans developed by family resource networks, which includes provisions for regular updates of the plan and which requires the Secretary to:
(A) Articulate core results desired by the state for its children and families;
(B) Choose indicators to measure progress in reaching core results;
(C) Establish baseline data for measuring progress by examining current conditions and trends;
(D) Set targets and explore strategies for improving the lives of children and families;
(E) Put selected strategies into action to achieve core results;
(F) Monitor progress and make course corrections as necessary; and
(G) Identify tools to achieve articulated goals, including:
(i) Shifting focus from process to core results;
(ii) Increasing flexibility to remove barriers, encourage innovation and provide incentives for achieving results;
(iii) Providing flexible financing to reinvest savings and decategorize, pool, redeploy or reinstate funding;
(iv) Employing results-based budgeting; and
(v) Improving accountability through results-based decision making.
(3) Solicit and accept proposals in furtherance of any program or service required by this article, especially for the establishment of family resource networks at the regional or local level and for the implementation of pilot programs;
(4) Develop fiscal incentives for the establishment of family resource networks and for programs resulting in substantial cost savings, such as programs which keep children at home and which thereby avoid unnecessary out-of-home care. Any savings resulting from the coordination of programs and services for children and families shall be reinvested for expenditure in areas directly benefitting children and families. (5) Report annually to the Joint Committee on Government and Finance on its progress in implementing the comprehensive multi- year state plan required under subdivision (2) of this section; and

§9-2-6c. Powers of Secretary generally.
In addition to all other powers granted to the Secretary in this article and elsewhere by law, the Secretary may:
(1) Negotiate written agreements and procedures between and among departments of state government which assure that children and families are provided with health care, social services, appropriate education and vocational training, and any other services to which they may be entitled under state and federal law;
(2) Provide or contract with any agencies or persons in this state and other states for any facilities, equipment or service necessary to achieve the purposes of this article, and hire staff sufficient to carry out the duties and responsibilities of the cabinet;
(3) In addition to the Citizens' Advisory Council established pursuant to section one-a of article four of chapter nine of this code, form subcommittees, convene task teams or consult experts to advise the Secretary generally or on selected topics as necessary to accomplish its goals or to otherwise carry out its duties under this article;
(4) Solicit and accept proposals in furtherance of any program or service required by this article, especially for the establishment of family resource networks at the regional or local level and for the implementation of pilot programs;
(5) Waive rules that impede coordinated service delivery; and
(6) Solicit, accept and expend grants, gifts, bequests, donations and other funds made available to the cabinet: Provided, That all unrestricted grants, gifts, bequests and donations shall be deposited in the Children's Fund created as set forth in section six-e of this article.
§9-2-6d. Powers and duties relating to funding and budgetary needs for children and families.

(a) The Department shall analyze the budgets of the departments of state government to the extent that they address or impact upon programs and services for children and families, review budgetary needs and revenue sources, and make recommendations regarding the Governor's proposed budget and the redirection of resources. In making such recommendations, the Department shall ascertain the availability of and eligibility for federal, local and private funding, with the goal of maximizing federal, local and private revenues for use in areas directly benefitting children and families.
(b) Any legislative recommendation shall be accompanied by a proposal or plan for sufficient funding. In exploring all aspects of funding possibilities, the Department shall consider innovative, flexible funding such as interagency funding, joint funding pools, interagency reimbursement, and funding by the families serviced based on ability to pay.
(c) The Department shall develop fiscal incentives for the establishment of family resource networks and for programs resulting in substantial cost savings, such as programs which keep children at home and which thereby avoid unnecessary out-of-home care. Any savings resulting from the coordination of programs and services for children and families shall be reinvested for expenditure in areas directly benefitting children and families. §9-2-6e. Children's Fund.
(a) The Children's Fund established by the Governor's Cabinet on Children and Families shall be transferred to the Department of Health and Human Resources effective July 1, two thousand five. The Children's Fund shall be used for the sole purpose of awarding grants, loans and loan guaranties for child abuse and neglect prevention activities. Gifts, bequests or donations for this purpose, in addition to appropriations to the fund, shall be deposited in the state treasury in a special revenue account that is independent from any executive or other department of government.
(b) Each state taxpayer may voluntarily contribute a portion of the taxpayer's state income tax refund to the Children's Fund by so designating the contribution on the state personal income tax return form. The Department shall approve the wording of the designation on the income tax return form, which designation shall appear on tax forms. The Tax Commissioner shall determine by the first day of July of each year the total amount designated pursuant to this subsection and shall report that amount to the State Treasurer, who shall credit that amount to the Children's Fund.
(c) All interest accruing from investment of moneys in the children's fund shall be credited to the fund. The Legislative Auditor shall conduct an audit of the fund before the first day of July, two thousand three and at least every three fiscal years thereafter.
(d) Grants, loans and loan guaranties may be awarded from the children's fund by the Department for child abuse and neglect prevention activities.
ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY COUNCIL; GENERAL RELIEF FUND.

§9-4-1a. Citizen's Advisory Council.
(a) The Governor shall appoint a Citizens' Advisory Council to assist the Secretary with the implementation of the Department's mission and policy objectives.
(b) The Council shall be comprised of not fewer than twelve nor more than thirty citizens who will serve terms of one, two or three years as assigned at the time of appointment. The Council members will have knowledge and experience in serving children and families in such areas as housing: Health promotion and disease prevention; education; transportation; reading and literacy; food and nutrition; clothing; utilities; job training and employment; child care; child protection; early intervention and crisis intervention; assessment and diagnosis; home-based family development; preservation and reunification; financial planning; mental health and counseling; substance abuse prevention counseling and treatment; addiction awareness training; pregnancy prevention; and information, referral and placement.
(c) The purpose of the Council is to:
(1) Provide a forum for discussion of issues that affect the state's children and families;
(2) Identify and promote best practices in the provision of services to children and families;
(3) Review information and research that can inform state policy;
(4) Make recommendations to the Secretary in areas of policy and allocation of resources;
(5) Focus attention on accountability and results;

(6) Assist the secretary in developing a cross-agency multi- year state plan for improving the well being of children and families;
(7) Connect government officials who make decisions with the families affected by their decisions;
(8) Engage local communities through family resource networks to work on local issues and statewide priorities;
(9) Assure that community and family voices are heard by the Secretary; and
(10) Promote family support practices by all publicly funded agencies.
(f) Citizen members may be reimbursed for actual and necessary expenses incurred in the discharge of their official duties in a manner consistent with guidelines of the travel management office of the Department of Administration.
(g) The Governor may remove any citizen member from the Council for neglect of duty, incompetency or official misconduct.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC
ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF
SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.

ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-2. West Virginia Educational Broadcasting Authority; members; organization; officers; employees; meetings; expenses.

The West Virginia Educational Broadcasting Authority, heretofore created, is hereby continued as a public benefit corporation. It The Authority shall consist of eleven voting members, who shall be residents of the state, of whom one shall be including the Governor or his or her designee, the State Superintendent of Schools, one shall be a member of the West Virginia Board of Education to be selected by it annually, and one shall be a member of the university of West Virginia board of trustees West Virginia Higher Education Policy Commission to be selected by it annually. and one shall be a member of the board of directors of the state college system to be selected by it annually The other seven members shall be appointed by the Governor by and with the advice and consent of the Senate for overlapping terms of seven years, one term expiring each year. except that the appointment to fill the membership position for the term expiring in the year one thousand nine hundred eighty-three, shall be for a term of six years Not less than one appointive member shall come from each congressional district. Employees of noncommercial broadcasting stations in West Virginia are not eligible for appointment to the authority. The present members of the authority shall continue to serve out the terms to which they were appointed. Any vacancy among the appointive members shall be filled by the governor by appointment for the unexpired term.
The chairperson and vice chairperson of the authority as of the effective date of this section shall continue in their respective offices until their successors are elected. Thereafter, at its annual meeting in each year the authority shall elect one of its members as chairperson and one as vice chairperson. The authority is authorized to select an executive director and such other personnel as may be necessary to perform its duties and to fix the compensation of such personnel to be paid out of moneys appropriated for this purpose. The executive director shall keep a record of the proceedings of the authority and shall perform such other duties as it may prescribe. The Governor or his or her designee shall serve as the chairperson and the Authority shall annually select one of its public members as vice-chairperson, and shall appoint a secretary, who need not be a member of the Authority and shall keep records of its proceedings.
There shall also be an Executive Director of the Authority appointed by the Governor, with the advice and consent of the Senate, who shall serve at the Governor's will and pleasure, who shall be responsible for managing and administering the daily functions of the Authority and for performing any and all other functions necessary or helpful to the effective functioning of the authority together with all other functions and powers as may be delegated by the Authority. The compensation of the Director shall annually be fixed by the Governor.
The Authority is authorized to establish such office or offices as may be necessary for the proper performance of its duties.
The Authority shall hold an annual meeting and may meet at such other times and places as may be necessary, such meetings to be held upon its own resolution or at the call of the chairperson of the Authority. The members shall serve without compensation but may be reimbursed for actual expenses incident to the performance of their duties upon presentation to the chairperson of an itemized sworn statement thereof.
CHAPTER 11. TAXATION.

ARTICLE 10A. WEST VIRGINIA OFFICE OF TAX APPEALS. §11-10A-6. Chief Administrative Law Judge; appointment, term and
vacancy; qualifications; compensation; conflicts of interest prohibited; removal.

(a) The Governor, with the advice and consent of the Senate, shall appoint the Chief Administrative Law Judge from a list of three qualified nominees submitted to the Governor by the Board of Governors of the West Virginia State Bar for a sixfour-year term. An appointment to fill a vacancy in the position shall be for the unexpired term.
(b) Prior to appointment, the Chief Administrative Law Judge shall be a citizen of the United States and a resident of this state who is admitted to the practice of law in this state and who has five years of full-time or equivalent part-time experience as an attorney with federal or state tax law expertise or as a judge of a court of record.
(c) The salary of the Chief Administrative Law Judge shall be set by the Secretary of the Department of Tax and Revenue created in section two, article one, chapter five-f of this code. The salary shall be within the salary range for comparable chief administrative law judges as determined by the State Personnel Board created by section six, article six, chapter twenty-nine of this code.
(d) The Chief Administrative Law Judge, during his or her term shall:
(1) Devote his or her full time to the duties of the position;
(2) Not otherwise engage in the active practice of law or be associated with any group or entity which is itself engaged in the active practice of law: Provided, That nothing in this paragraph may be construed to prohibit the Chief Administrative Law Judge from being a member of a national, state or local bar association or committee, or of any other similar type group or organization, or to prohibit the Chief Administrative Law Judge from engaging in the practice of law by representing himself, herself or his or her immediate family in their personal affairs in matters not subject to this article.
(3) Not engage directly or indirectly in any activity, occupation or business interfering or inconsistent with his or her duties as Chief Administrative Law Judge;
(4) Not hold any other appointed public office or any elected public office or any other position of public trust; and
(5) Not be a candidate for any elected public office, or serve on or under any committee of any political party.
(e) The Governor may remove the Chief Administrative Law Judge only for incompetence, neglect of duty, official misconduct or violation of subsection (d) of this section, and removal shall be in the same manner as that specified for removal of elected state officials in section six, article six, chapter six of this code.
§11-10A-7. Powers and duties of Chief Administrative Law Judge; all employees, except Chief Administrative Law Judge members of classified service; qualifications of administrative law judges; closure of Tax Division Office of Hearings and Appeals and transfer of employees to Office of Tax Appeals.

(a) The Chief Administrative Law Judge is the chief executive officer of the Office of Tax Appeals and he or she may employ up to two administrative law judges, no more than one person to serve as executive director, no more than one staff attorney and other clerical personnel as necessary for the proper administration of this article. The Chief Administrative Law Judge may delegate administrative duties to other employees, but the Chief Administrative Law Judge shall be responsible for all official delegated acts.
(1) Upon the request of the Chief Administrative Law Judge, the Governor may appoint up to two administrative law judges as necessary for the proper administration of this article.
(1)(2) All employees of the Office of Tax Appeals, except the Chief Administrative Law Judge, shall be in the classified service and shall be governed by the provisions of the statutes, rules and policies of the classified service in accordance with the provisions of article six, chapter twenty-nine of this code.
(2)(3) Prior to employment by the Office of Tax Appeals, all administrative law judges shall be admitted to the practice of law in this state and have at least two years of full-time or equivalent part-time experience as an attorney with federal or state tax law expertise.
(3)(4) The Chief Administrative Law Judge and all administrative law judges shall be members of the public employees retirement system and do not qualify as participants in the judicial retirement system during their tenure with the office of tax appeals.
(4)(5) Notwithstanding any provisions of this code to the contrary, the Chief Administrative Law Judge shall employ any person not a temporary or probationary employee employed full-time and in good standing by the Tax Division in its hearings office applying for a position with the Office of Tax Appeals. A former Tax Division employee employed by the Office of Tax Appeals under the provisions of this subdivision shall retain his or her classified service classification, salary and benefits: Provided, That if an employee is currently classified as a chief administrative law judge, he or she may not retain that classification and must be reclassified as determined by the Secretary of the Department of tax and Revenue.
(b) The Chief Administrative Law Judge shall:
(1) Direct and supervise the work of the legal staff;
(2) Make hearing assignments;
(3) Maintain the records of the Office of Tax Appeals;
(4) Review and approve decisions of administrative law judges as to legal accuracy, clarity and other requirements;
(5) Publish decisions in accordance with the provisions of section sixteen of this article;
(6) Submit to the Legislature, on or before the fifteenth day of February, an annual report summarizing the Office of Tax Appeals' activities since the end of the last report period, including a statement of the number and type of matters handled by the Office of Tax Appeals during the preceding fiscal year and the number of matters pending at the end of the year; and
(7) Perform the other duties necessary and proper to carry out the purposes of this article.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5K. EARLY INTERVENTION SERVICES FOR CHILDREN WITH DEVELOPMENTAL DELAYS.

§16-5K-2. Definitions.

Unless the context clearly otherwise indicates, as used in this article:
(a) "Cabinet" means the governor's cabinet on children and families.
(b) "Council" means the Governor's Early Intervention Interagency Coordinating Council.
(c)(b) "Department" means the Department of Health and Human Resources.
(d)(c) "Early intervention services" means developmental services which:
(1) Are designed to meet the developmental needs of developmentally delayed infants and toddlers and the needs of the family related to enhancing the child's development;
(2) Are selected in collaboration with the parents;
(3) Are provided under public supervision in conformity with an individualized family service plan, and at no cost to families;
(4) Meet the state's early intervention standards, as established by the Department of Health and Human Resources with the assistance of the Governor's Early Intervention Interagency Coordinating Council;
(5) Include assistive technology, audiology, audiology case management, family training, counseling and home visits, health services necessary to enable a child to benefit from other early intervention services, medical services only for diagnostic or evaluation purposes, nursing services, nutrition services, occupational therapy, physical therapy, psychological services, social work services, special instruction, speech-language pathology, vision and transportation; and
(6) Are provided by licensed or otherwise qualified personnel, including audiologists, family therapists, nurses, nutritionists, occupational therapists, orientation and mobility specialists, physical therapists, physicians, psychologists, social workers, special educators, speech-language pathologists and paraprofessionals appropriately trained and supervised.
(e)(d) "Infants and toddlers with developmental delay" means children from birth to thirty-six months of age who need early intervention services for any of the following reasons:
(1) They are experiencing developmental delays, as measured by appropriate methods and procedures, in one or more of the following areas: Cognitive, physical, including visual and hearing, communicative, adaptive, social, language and speech, or psycho- social development or self-help skills; or
(2) They have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; or
(3) They are at risk of having substantial developmental delays if early intervention services are not provided.
§16-5K-4. Interagency Coordinating Council.
(a) The Governor's Early Intervention Interagency Coordinating Council is hereby established. The Council is composed of at least fifteen members appointed by the Governor with additional ex officio members representing specific agencies serving infants and toddlers with developmental delays.
(b) The membership of the Council shall consist of the following:
(1) At least three parents of children, ages birth through six years of age, who have developmental delays;
(2) At least three persons, representative of the public or private service providers;
(3) At least one member of the House of Delegates recommended by the speaker of the House of Delegates and one member of the Senate recommended by the Senate president;
(4) At least one person from higher education involved in training individuals to provide services under this article; and
(5) A representative of each of the agencies involved in the provision of or payment for early intervention services to infants and toddlers with developmental delays and their families.
(c) The Council shall meet at least quarterly and in such place as it considers necessary.
(d) The Council is responsible for the following functions:
(1) To advise and assist the Department of Health and Human Resources in the development and implementation of early intervention policies;
(2) To assist the Department in achieving the full participation of all relevant state agencies and programs;
(3) To collaborate with the governor's cabinet on children and familiesDepartment of Health and Human Resources in the coordination of early intervention services with other programs and services for children and families;
(4) To assist the Department in the effective implementation of a statewide system of early intervention services;
(5) To assist the Department in the resolution of disputes;
(6) To advise and assist the Department in the preparation of grant applications; and
(7) To prepare and submit an annual report to the Governor, the Legislature and the United States Secretary of Education on the status of early intervention programs within the state.
CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-3. Dissolution and termination of West Virginia Turnpike
Commission; West Virginia Parkways, Economic Development and Tourism Authority generally.

On and after the first day of June, one thousand nine hundred eighty-nine, the West Virginia turnpike commission is hereby abolished in all respects, and there is hereby created the "West Virginia Parkways, Economic Development and Tourism Authority", and by that name the parkways authority may sue and be sued and plead and be impleaded. The parkways authority is hereby constituted
(a)
The West Virginia Parkways, Economic Development and Tourism Authority is continued as an agency of the state, and the exercise by the parkways authority of the powers conferred by this article in the construction, reconstruction, improvement, operation and maintenance of parkway, economic development and tourism projects shall be deemed and held to be an essential governmental function of the state. (b) The West Virginia Parkways, Economic Development and Tourism Authority shall consist of seven members, including the Governor or his or her designee, the Transportation Secretary, who shall serve as chairman of the parkways authority, and six and five citizen members, including no less than one from each of the counties which have land bordering parkway projects, appointed by the governor, by and with the advice and consent of the Senate. The appointed members shall be residents of the state and shall have been qualified electors therein for a period of at least one year next preceding their appointment. Upon the effective date of this legislation, the governor shall forthwith appoint six members of the parkways authority for staggered terms. The terms of the parkways authority members first taking office on or after the effective date of this legislation shall expire as designated by the governor at the time of the nomination, one at the end of the first year, one at the end of the second year, one at the end of the third year, one at the end of the fifth year, one at the end of the sixth year and one at the end of the seventh year, after the first day of June, one thousand nine hundred eighty-nine. As these original appointments expire, each subsequent appointment shall be for a full eight-year term. Citizen members are appointed for eight-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. Any member whose term has expired shall serve until his or her successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment. The term of any person serving as a member of the West Virginia turnpike commission immediately preceding the effective date of this legislation shall cease and otherwise expire upon such effective date: Provided, That any such member shall be eligible for reappointment. Each appointed member of the parkways authority before entering upon his duties shall take an oath as provided by section five, article IV of the constitution of the state of West Virginia.
(b) The parkways The Governor or his or her designee shall serve as the chairperson and the Authority shall annually elect one of the appointed members as vice chairman, and shall also elect a secretary and treasurer who need not be members of the Parkways Authority.
(c) There shall be an Executive Director of the Parkways Authority appointed by the Governor, with the advice and consent of the Senate, who shall serve at the Governor's will and pleasure, who shall be responsible for managing and administering the daily functions of the authority and for performing any and all other functions necessary or helpful to the effective functioning of the authority, together with all other functions and powers as may be delegated by the Authority. The compensation of the Director shall annually be fixed by the Governor. (d) Four members of the Parkways Authority shall constitute a quorum and the vote of a majority of members present shall be necessary for any action taken by the Parkways Authority. No vacancy in the membership of the Parkways Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Parkways Authority. The Parkways Authority shall meet at least monthly and either the chairman or any four members shall be empowered to call special meetings for any purpose or purposes: Provided, That notice of any such meeting shall be given to all members of the Parkways Authority not less than ten days prior to said special meetings.
(e) Before the issuance of any parkway revenue bonds or revenue refunding bonds under the provisions of this article, each appointed member of the Parkways Authority shall execute a surety bond in the penal sum of twenty-five thousand dollars and the secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars, each such surety bond to be conditioned upon the faithful performance of the duties of his or her office, to be executed by a surety company authorized to transact business in the state of West Virginia as surety and to be approved by the Governor and filed in the Office of the Secretary of State.
(f) The members of the Parkways Authority shall not be entitled to compensation for their services, but each member shall be reimbursed for his or her actual expenses necessarily incurred in the performance of his or her duties shall receive reasonable and necessary expenses actually incurred in the performance of their duties in a manner consistent with guidelines of the travel management office of the Department of Administration.
(g) All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and no liability or obligation shall be incurred by the Parkways Authority hereunder beyond the extent to which moneys shall have been provided under the authority of this article.
(h) Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Parkways, Economic Development and Tourism Authority shall continue to exist until the first day of July, two thousand five ten.
§17-16A-10. Parkway revenue bonds -- Generally.
The Parkways Authority is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of parkway revenue bonds of the state for the purpose of paying all or any part of the cost of one or more projects: Provided, That this section shall not be construed as authorizing the issuance of parkway revenue bonds for the purpose of paying the cost of the West Virginia Turnpike, which parkway revenue bonds may be issued only as authorized under section eleven of this article. The principal of and the interest on such bonds shall be payable solely from the funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be determined by the parkways authority in its sole discretion, shall mature at such time or times not exceeding forty years from their date or dates, as may be determined by the Parkways Authority, and may be made redeemable before maturity, at the option of the Parkways Authority, at such price or prices and under such terms and conditions as may be fixed by the Parkways Authority prior to the issuance of the bonds. The Parkways Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be executed by manual or facsimile signature by the governor and by the chairman of the Parkways Authority, and the official seal of the Parkways Authority shall be affixed to or printed on each bond, and attested, manually or by facsimile signature, by the secretary and treasurer of the Parkways Authority, and any coupons attached to any bond shall bear the manual or facsimile signature of the chairman of the Parkways Authority. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery; and, in case the seal of the Parkways Authority has been changed after a facsimile has been imprinted on such bonds, such facsimile seal will continue to be sufficient for all purposes. All bonds issued under the provisions of this article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the Parkways Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the recorders into coupon bonds of any bonds registered as to both principal and interest. The Parkways Authority may sell such bonds in such manner, either at public or at private sale, and for such price, as it may determine to be in the best interests of the state.
The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or projects for which such bonds shall have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the Parkways Authority may provide in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed the cost of the project or projects for which the same shall have been issued, the surplus shall be deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the parkways authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The Parkways Authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this article.
CHAPTER 18. EDUCATION.

§18-2-23a. Annual professional staff development goals established by State Board; coordination of professional development programs; program development, approval and evaluation.

(a) Legislative intent. -- The intent of this section is to provide for the coordination of professional development programs by the State Board and to promote high quality instructional delivery and management practices for a thorough and efficient system of schools.
(b) Goals. -- The State Board annually shall establish goals for professional staff development in the public schools of the state. As a first priority, the State Board shall require adequate and appropriate professional staff development to ensure high quality teaching that will enable students to achieve the content standards established for the required curriculum in the public schools. The State Board shall submit the goals to the State Department of Education, the center for professional development, the regional educational service agencies, the Higher Education Policy Commission and the Legislative Oversight Commission on Education Accountability on or before the fifteenth day of January, each year. The goals shall include measures by which the effectiveness of the professional staff development programs will be evaluated. The professional staff development goals may include separate goals for teachers, principals, paraprofessional service personnel and classroom aides and others in the public schools.
In establishing the goals, the State Board shall review reports that may indicate a need for professional staff development including, but not limited to, the report of the center for professional development created in article three-a, chapter eighteen-a of this code, student test scores on the statewide student assessment program, the measures of student and school performance for accreditation purposes, school and school district report cards, and its plans for the use of funds in the strategic staff development fund pursuant to section thirty-two, article two, chapter eighteen of this code.
(c) The center for professional developmentState Board shall thereafter design a proposed master plan for professional staff development program plan to achieve theits goals of the state board and shall submit the proposed plan to the state board for approval as soon as possible following the submission of itsreceipt of the state board goals each year.
The proposed master plan shall include a strategy for evaluating the effectiveness of the professional staff development programs delivered under the plan and a cost estimate. The state board shall review the proposed plan and return it to the center for professional development noting whether the proposed plan is approved or is not approved, in whole or in part. If a proposed plan is not approved in whole, the state board shall note its objections to the proposed plan or to the parts of the proposed plan not approved and may suggest improvements or specific modifications, additions or deletions to address more fully the goals or eliminate duplication. If the proposed plan is not wholly approved, the center for professional development shall revise the plan to satisfy the objections of the state board. State board approval is required prior to implementation of the professional staff development plan.
(d) The state board approval of the proposed professional staff development plan shall establish a master plan for professional staff development which shall be submitted by the State Board to the affected agencies and to the Legislative Oversight Commission on Education Accountability. The master plan shall include the State Board approved plans for professional staff development by the State Department of Education, the center for professional development the state institutions of higher education and the regional educational service agencies to meet the professional staff development goals of the State Board. The master plan also shall include a plan for evaluating the effectiveness of the professional staff development delivered through the programs and a cost estimate.
The master plan shall serve as a guide for the delivery of coordinated professional staff development programs by the State Department of Education, the center for professional development the state institutions of higher education and the regional educational service agencies beginning on the first day of June in the year in which the master plan was approved through the thirtieth day of May in the following year: Provided, That nothing in this section shall prohibit changes in the master plan, subject to State Board approval, to address staff development needs identified after the master plan was approved.
§18-2E-3g. Special demonstration professional development school project for improving academic achievement.

(a) The Legislature makes the following findings:
(1) Well-educated children and families are essential for maintaining safe and economically sound communities;
(2) Low student achievement is associated with increased delinquent behavior, higher drug use and pregnancy rates, and higher unemployment and adult incarceration rates;
(3) Each year, more students enter school with circumstances in their lives that schools are ill-prepared to accommodate;
(4) Ensuring access for all students to the rigorous curriculum they deserve requires effective teaching strategies that include, but are not limited to, using a variety of instructional approaches, using varied curriculum materials, engaging parent and community involvement and support in the educational process, and providing the professional development, support and leadership necessary for an effective school; and
(5) The achievement of all students can be dramatically improved when schools focus on factors within their control, such as the instructional day, curriculum and teaching practices.
(b) The purpose of this section is to provide for the establishment of a special five-year demonstration professional development school project to improve the academic achievement of all children. The program shall be under the direction of the State Superintendent and shall be for a period of five years beginning with the two thousand four - two thousand five school year. The intent of this section is to provide a special demonstration environment wherein the public schools included in the demonstration project may work in collaboration with higher education, community organizations and the State Board to develop and implement strategies that may be replicated in other public schools with significant enrollments of disadvantaged, minority and under-achieving students to improve academic achievement. For this purpose, the State Superintendent has the following powers and duties with respect to the demonstration project:
(1) To select for participation in the demonstration project three public elementary or middle schools with significant enrollments of disadvantaged, minority and under-achieving students in each county in which the number of the African American students is five percent or more of the total second month enrollment;
(2) To require cooperation from the county board of the county wherein a demonstration project school is located to facilitate program implementation and avoid any reallocation of resources for the schools that are disproportionate with those for other schools of the county of similar classification, accreditation status and federal Title I identification;
(3) To require specialized training and knowledge of the needs, learning styles and strategies that will most effectively improve the performance of disadvantaged, minority and under- achieving students in demonstration project schools. These powers include, but not limited to, the authority to craft job descriptions with requirements regarding training and experience and the right to specify job duties which are related to job performance that reflect the mission of the demonstration project school;
(4) To provide specifications and direct the county board to post the positions for school personnel employed at the demonstration project school that encompass the special qualifications and any additional duties that will be required of the personnel as established in the job descriptions authorized pursuant to subdivision (3) of this section. The assertion that the job descriptions and postings are narrowly defined may not be used as the basis for the grievance of an employment decision for positions at a demonstration project school;
(5) To direct the Department of Education the center for professional development and the regional educational service agency to provide any technical assistance and professional development necessary for successful implementation of the demonstration school programs, including, but not limited to, any early intervention or other programs of the Department to assist low performing schools;
(6) To collaborate and enter into agreements with colleges and universities willing to assist with efforts at a demonstration school to improve student achievement, including, but not limited to, the operation of a professional development school program model: Provided, That the expenditure of any funds appropriated for the State Board or Department for this purpose shall be subject to approval of the State Board;
(7) To require collaboration with local community organizations to improve student achievement and increase the involvement of parents and guardians in improving student achievement;
(8) To provide for an independent evaluation of the demonstration school project, its various programs and their effectiveness on improving student academic achievement; and
(9) To recommend to the State Board and the county board the waiver of any of their respective policies that impede the implementation of demonstration school programs.
(c) The State Superintendent shall make status reports to the Legislative Oversight Commission on Education Accountability and to the State Board annually and may include in those reports any recommendations based on the progress of the demonstration project that he or she considers either necessary for improving the operations of the demonstration project or prudent for improving student achievement in other public schools through replication of successful demonstration school programs. The State Superintendent shall make a recommendation to the Legislature not later than its regular session, two thousand ten, for continuation or termination of the program, which recommendation shall be accompanied by the findings and recommendations of the independent evaluation and these findings and recommendations shall be a major factor considered by the Superintendent in making his or her recommendation.
(d) Nothing in this section shall require any specific level of appropriation by the Legislature.
§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. --
(1) The Legislature finds that 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) The Legislature further finds that 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) The Legislature also finds that 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) Therefore, 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 a thorough and efficient system of schools is being provided for all West Virginia public school students on an equal education opportunity basis and that the high quality standards are, at a minimum, being met.
(5) The intent of the Legislature in enacting this section 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, when necessary, the performance and progress of students, schools and school systems and 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 rules 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. The rules shall specify that the unified school improvement plan shall include all appropriate plans required by law including, but not limited to, the following:
(1) The report required to be delivered to the county-wide council on productive and safe schools pursuant to subsection (f), section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology pursuant to 20 U.S.C. §§6845, section seven, article two-e of this chapter, State Board policy or rule or any other county, state or federal law;
(3) The strategic plan to manage the integration of special needs students as required by section five, article five-a of this chapter; and
(4) The school based improvement plan set forth in the Elementary and Secondary Education Act pursuant to 29 U.S.C. §§6301, et seq.
The plans are required to be included only to the extent permitted by state and federal law.
(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.
(d) Performance measures. -- The standards shall assure that all graduates are prepared for gainful employment or for continuing post-secondary education and training and that schools and school systems are making progress in achieving the education goals of the state.
The standards shall include measures of student performance and progress and measures of school and school system performance, progress and processes that enable student performance. The measures of student performance and progress and school and school system performance, progress and processes shall include, but are not limited to, the following:
(1) The acquisition of student proficiencies as indicated by student performance and progress by grade level measured, where possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) The student dropout rate;
(4) The high school graduation rate;
(5) The percentage of graduates who enrolled in college and the percentage of graduates who enrolled in other post-secondary education within one year following high school graduation;
(6) The percentage of graduates who received additional certification of their skills, competence and readiness for college, other post-secondary education or employment above the level required for graduation; and
(7) The percentage of students who enrolled in and the percentage of students who successfully completed advanced placement, dual credit and honors classes, respectively, by grade level.
(e) Indicators of efficiency. -- 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 indicators of efficiency for student and school system performance and processes 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 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.
(f) 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 standards and measures of student, school and school system performance, progress and processes, including, but not limited to, the standards and measures set forth in subsections (c) and (d) of this section. The system of education performance audits shall assist the State Board, the Legislature and the Governor in ensuring that the standards and measures established pursuant to this section are, at a minimum, being met and that a thorough and efficient system of schools is being provided. The system of education performance audits shall include:
(1) The assessment of student performance and progress, school and school system performance and progress, and the processes in place in schools and school systems which enable student performance and progress;
(2) The review of school and school system unified improvement plans; and
(3) The periodic on-site review of school and school system performance and progress and compliance with the standards.
(g) 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. Primary emphasis in determining school accreditation and school system approval status is based on student performance and progress, school and school system performance and progress and such other measures as selected by the State Board. The State Board shall make accreditation information available to the Legislature, the Governor, the general public and to any individuals who request the information, subject to the provisions of any act or rule restricting the release of information. 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.
(h) 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 that will enable them to evaluate whether a thorough and efficient education is being provided, and to assist the State Board in making determinations regarding the accreditation status of schools and the approval status of school systems, the State Board shall establish an Office of Education Performance Audits which 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 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 salary of the Director shall not exceed the salary 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 retain their benefit 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 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. These processes shall focus on those measurable criteria related to student performance and progress and to the delivery of instruction which will enable student performance and progress; 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 Legislature and the State Board, and recommend to the school, the school system, 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 to establish and maintain a thorough and efficient system of schools, 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 Legislature and the State Board, and make recommendations to the State Board, the process for improving education council, the center for professional development the regional educational service agencies, the Higher Education Policy Commission, and the county boards;
(F) Identify, in conjunction with the assessment and accountability processes, exemplary schools and school systems and best practices that improve student, school and school system performance, and make recommendations to the State Board and the process for improving education council for recognizing and rewarding exemplary schools and school systems and promoting the use of best practices. The State Board shall provide information on best practices to county school systems and shall use information identified through the assessment and accountability processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which shall be used by the appropriate administrative personnel in schools and school systems to document compliance with various of the applicable laws, policies and process standards as considered appropriate and approved by the State Board, including, but not limited to, compliance with limitations on the number of pupils per teacher in a classroom and the number of split grade classrooms. Information contained in the reporting formats shall be examined during an on-site review to determine compliance with laws, policies and standards. Intentional and grossly negligent reporting of false information is ground for dismissal.
(i) On-site reviews. --
(1) At the direction of the State Board or by weighted selection by the Office of Education Performance Audits, an on-site review shall be conducted by the Office of Education Performance Audits of any school or school system for purposes, including, but not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Documenting compliance with policies and laws;
(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 nor mandate more stringent compliance measures.
(2) The selection of schools and school systems for an on-site review shall use a weighted sample so that those with lower performance and progress indicators and those that have not had a recent on-site review have a greater likelihood of being selected. 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 may conduct on- site reviews which are limited in scope to specific areas in addition to full reviews which cover all areas.
(4) An on-site review of a school or school system shall include a person or persons who has expert knowledge and experience in the area or areas to be reviewed and who is designated by the State Board from the Department of Education and the agencies responsible for assisting the office. If the size of the school or school system being reviewed necessitates 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 the superintendent shall be provided the opportunity to be present.
(7) The Office of Education Performance Audits shall report the findings of the on-site reviews to the State Board for inclusion in the evaluation and determination of a school's or county board's accreditation or approval status as applicable. The report on the findings of an on-site review shall be submitted to the State Board within thirty days following the conclusion of the on-site review and to the county superintendent and principals of schools within the reviewed school system within forty-five days following the conclusion of the on-site review. A copy of the report shall be provided to the process for improving education council.
(j) 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 on the standards adopted by the State Board pursuant to subsections (c) and (d) of this section are at a level which would be expected when all of the high quality education standards are being met. A school which meets or exceeds the measures of student performance and progress set forth in subsection (d) of this section, and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the State Board, shall remain on full accreditation status for six months following an on- site review in which other deficiencies are noted. The school 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 measure of the school's performance and progress is 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 to increase the performance and progress of the school to a full accreditation status level. The revised unified school improvement plan shall include objectives, a time line, a plan for evaluation of the success of the improvements, cost estimates, and a date certain for achieving full accreditation. 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 on the standards adopted by the State Board are below the level required for full accreditation, but the school's unified improvement plan has been revised to achieve full accreditation status by a date certain, the plan has been approved by the State Board and 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 on the standards adopted by the State Board pursuant to subsections (c) and (d) of this section substantially exceed the minimal level which would be expected when all of the high quality education standards are being met. 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) The State Board shall establish and adopt standards of performance and progress to identify seriously impaired schools and the State Board may declare a school seriously impaired 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 achieve full accreditation 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 placed on the preferred recall list for all positions in the county for which the principal is certified, as defined in section seven, article four of this chapter; 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.
(k) Transfers from seriously impaired schools. -- Whenever a school is determined to be seriously impaired and fails to improve its status within one year, any student attending the school may transfer once to the nearest fully accredited school, subject to approval of the fully accredited school and at the expense of the school from which the student transferred.
(l) 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 education system meets or exceeds all of the high quality standards for student, school and school system performance, progress and processes adopted by the State Board and whose schools have all been given full, temporary or conditional accreditation status. A school system which meets or exceeds the measures of student performance and progress set forth in subsection (d) of this section, and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the State Board, shall remain on full accreditation status for six months following an on-site review in which other deficiencies are noted. The school 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 to increase the performance and progress of the school system to a full approval status level. The revised plan shall include objectives, a time line, a plan for evaluation of the success of the improvements, a cost estimate, and a date certain for achieving full approval. 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 to achieve full approval status by a date certain;
(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;
(m) 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 (l) 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.
(n) 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.
§18-2I-3. Creation of West Virginia Professional Staff Development Advisory Council; members; and functions.

(a) There shall be a West Virginia Professional Staff Development Advisory Council which shall consist of the following members:
(1) The chairpersons of each of the eight regional staff development councils established in section five of this article;
(2) The coordinators of each of the eight regional educational service agency staff development councils;
(3) The assistant superintendent for the Division of Instructional and Student services of the State Department of Education;
(4) The Secretary of Education and the Arts or his or her designee, who shall chair the Council;
(5) The Chancellor of the Higher Education Policy Commission or his or her designee;
(6) The executive director of the West Virginia center for professional development;
(7) The presidents, or their designees, of each of the two professional organizations or associations representing teachers in the state with the greatest number of teacher members.
(b) Any member of the Advisory Council may be reimbursed by the State Board for the cost of reasonable and necessary expenses actually incurred in the performance of their duties under this article.
§18-2I-4. Functions of the West Virginia Professional Staff Development Advisory Council.

The Council shall advise and assist the State Board in all phases of developing or amending the goals for professional staff development required by subsection (b) of this section. Advice and assistance shall include, but is not limited to, the following:
(a) Reporting to the State Board on the professional staff development needs identified by the public schools within the respective regions;
(b) Recommending effective professional staff development programs to meet identified needs; and
(c) Providing local input on the proposed goals and on the professional staff development plan proposed by the center for professional development pursuant to subsection (c) of this section;
(d) Communicating professional staff development information and findings to the regional and county staff development councils; and
(e) Advancing the coordination and quality of professional staff development programs in the public schools of West Virginia.
§18-5-18d. Study on programs for children under the age of five.
The State Department of Education and the Department of Health and Human Resources in consultation with the governor's cabinet on children and families shall conduct a comprehensive study on programs for children under the age of five. Such study shall consider issues including, but not limited to, curriculum, acquiring federal dollars, welfare reform, relation to day care centers, relation to kindergarten programs, involvement of the private sector, involvement of the public sector and cost effectiveness. The State Department of Education and the Department of Health and Human Resources shall submit a report to the Legislative Oversight Commission on Education Accountability by the first day of December, one thousand nine hundred ninety-seven.
§18A-1-1. Definitions.

The definitions contained in section one, article one, chapter eighteen of this code apply to this chapter. In addition, the following words used in this chapter and in any proceedings pursuant to this chapter shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise. School personnel shall be comprised of two categories: Professional personnel and service personnel;
(b) "Professional personnel" means persons who meet the certification requirements of the state, licensing requirements of the state or both and includes the professional educator and other professional employees;
(c) "Professional educator" has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code. Professional educators shall be classified as:
(1) "Classroom teacher" means a professional educator who has direct instructional or counseling relationship with pupils, spending the majority of his or her time in this capacity;
(2) "Principal" means a professional educator who, as agent of the county board, has responsibility for the supervision, management and control of a school or schools within the guidelines established by the county board. The major area of the responsibility shall be the general supervision of all the schools and all school activities involving pupils, teachers and other school personnel;
(3) "Supervisor" means a professional educator who, whether by this or other appropriate title, is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement; and
(4) "Central office administrator" means a superintendent, associate superintendent, assistant superintendent and other professional educators, whether by these or other appropriate titles, who are charged with the administering and supervising of the whole or some assigned part of the total program of the countywide school system;
(d) "Other professional employee" means that person from another profession who is properly licensed and is employed to serve the public schools and includes a registered professional nurse, licensed by the West Virginia Board of Examiners for registered professional nurses and employed by a county board, who has completed either a two-year (sixty-four semester hours) or a three-year (ninety-six semester hours) nursing program;
(e) "Service personnel" means those who serve the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and as aides;
(f) "Principals Academy" or "Academy" means the Academy created pursuant to section two-bc, article three-a of this chapter;
(g) "Center for professional development" means the center created pursuant to section one, article three-a of this chapter;
(h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilities of one authorized full-time position;
(i)(h) "Prospective employable professional personnel" means certified professional educators who:
(1) Have been recruited on a reserve list of a county board;
(2) Have been recruited at a job fair or as a result of contact made at a job fair;
(3) Have not obtained regular employee status through the job posting process provided for in section seven-a, article four of this chapter; and
(4) Have obtained a baccalaureate degree from an accredited institution of higher education within the past year;
(j)(i) "Dangerous student" means a pupil who is substantially likely to cause serious bodily injury to himself, herself or another individual within that pupil's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the pupil, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense; and
(k)(j) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions.
§18A-2-9. Duties and responsibilities of school principals; assistant principals.

Upon the recommendation of the county superintendent of schools, the county board of education shall employ and assign, through written contract, public school principals who shall supervise the management and the operation of the school or schools to which they are assigned. Such principals shall hold valid administrative certificates appropriate for their assignments.
Beginning on the first day of July, one thousand nine hundred ninety-four, the prerequisites for issuance of an administrative certificate for principals shall include that the person has successfully completed at least six credit hours of approved course work in public school management techniques at an accredited institution of higher education and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent an education and training program in evaluation skills approved by the State Board.
Under the supervision of the superintendent and in accordance with the rules and regulations of the county board of education, the principal shall assume administrative and instructional supervisory responsibility for the planning, management, operation and evaluation of the total educational program of the school or schools to which he is assigned.
The principal may submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under said principal's control. Such recommendation shall be submitted in writing as prescribed by the superintendent.
The principal shall perform such other duties as may be assigned by the superintendent pursuant to the rules and regulations of the county board of education.
Upon recommendation of the county superintendent of schools, the county board of education shall, when needed, employ and assign, through written contract, assistant principals who shall work under the direction of the school principal. Such assistant principals shall hold valid administrative certificates appropriate for their assignments.
On or before the first day of July, one thousand nine hundred eighty-nine and continuing thereafter, each county board of education shall assign a certificated principal to each school and no principal may be assigned more than two schools: Provided, That where enrollment exceeds four hundred students there will be no additional schools assigned to that principal.
No principal assigned to more than one school may be assigned any teaching duties except on a temporary emergency basis. No county shall have more teaching principalships or multi-school principalships than was present on the first day of January, one thousand nine hundred eighty-eight.
On or before the first day of July, one thousand nine hundred ninety-three and continuing thereafter, each county board of education shall employ a full-time supervising principal at each school whose net enrollment equals or exceeds one hundred seventy students. A principal assigned to a school with a net enrollment equal to or greater than one hundred seventy students may not be assigned any teaching duties except on a temporary emergency basis. When a principal is assigned on a full-time basis to a school whose net enrollment is more than seventy-five students but less than one hundred seventy students, such principal shall have a minimum of twenty hours per week for nonteaching duties. A principal assigned on a full-time basis to a school with seventy-five students or less shall have a minimum of ten hours per week for nonteaching duties: Provided, That nothing in this section prohibits a county board of education from assigning a full-time supervising principal to a school with a net enrollment of less than one hundred seventy students. Nothing contained in this section shall be construed to reduce or limit the rights and privileges of principals and assistant principals as teachers under the provisions of section one, article one, chapter eighteen of the code of West Virginia as amended;section one, article one, chapter eighteen-a; and other provisions of this code: Provided, That on or before the first day of July, one thousand nine hundred ninety-three, the State Board of Education shall not deny a county board of education the right to place a principal in a school with less than one hundred seventy students.
§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation process.

(a) The State Board of Education shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards of education in the evaluation of the employment performance of personnel employed by the board.
(b) The system adopted by the State Board of Education for evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel", "professional" or "professionals", means professional personnel as defined in section one, article one of this chapter.
(d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall consult with the professional development project of the center for professional development created in section three, article three-a of this chapter. The center shall participate actively with the state board in developing written standards for evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each professional meets such standards.
(e) The performance evaluation system shall contain, but shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals, or others;
(2) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn: Provided, That for school personnel with five or more years of experience, who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the principal determines an evaluation for a particular school employee is needed more frequently: Provided, however, That a classroom teacher may exercise the option of being evaluated at more frequent intervals;
(3) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for individual professionals;
(C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance; and
(D) Serve as a basis for programs to increase the professional growth and development of professional personnel;
(4) The standards for satisfactory performance for professional personnel and the criteria to be used to determine whether the performance of each professional meets such standards and other criteria for evaluation for each professional position evaluated. Effective the first day of July, two thousand three and thereafter, professional personnel, as appropriate, shall demonstrate competency in the knowledge and implementation of the technology standards adopted by the State Board. If a professional fails to demonstrate competency, in the knowledge and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and
(5) Provisions for a written improvement plan, which shall be specific as to what improvements, if any, are needed in the performance of the professional and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the professional's recertification process.
(f)(e) A professional whose performance is considered to be unsatisfactory shall be given notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the employing county board of education and the professional. The professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of the resources and assistance available for the purposes of correcting the deficiencies.
(g)(f) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the State Superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training program approved by the State Board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. After the first day of July, one thousand nine hundred ninety-four, no person may be issued an administrative certificate or have an administrative certificate renewed unless the State Board determines that the person has successfully completed education and training in evaluation skills through the center for professional development, or equivalent an education and training program approved by the State Board.
(h)(g) Any professional whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for improvement or may recommend the dismissal of the professional in accordance with the provisions of section eight of this article.
(i)(h) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations by an administrator in the performance evaluation process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson plans on the internet or otherwise make them available to students and parents or to include in his or her lesson plans any of the following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction; and
(j)(i) The Legislature finds that classroom teachers must be free of unnecessary paper work so that they can focus their time on instruction. Therefore, classroom teachers may not be required to keep records or logs of routine contacts with parents or guardians.
(k)(j) Nothing in this section may be construed to prohibit classroom teachers from voluntarily posting material on the internet.
§18A-3-1. Teacher preparation programs; program approval and standards; authority to issue teaching certificates.

(a) The education of professional educators in the state shall be under the general direction and control of the State Board of Education after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education who shall represent the interests of teacher preparation programs within the institutions of higher education in this state as those institutions are defined in section two, article one, chapter eighteen-b of this code.
The education of professional educators in the state includes all programs leading to certification to teach or serve in the public schools including: (1) Those programs in all institutions of higher education, including student teaching in the public schools; (2) beginning teacher internship programs; (3) the granting of West Virginia certification to persons who received their preparation to teach outside the boundaries of this state, except as provided in subsection (b) of this section; (4) any alternative preparation programs in this state leading to certification, including programs established pursuant to the provisions of section one-a of this article and programs which are in effect on the effective date of this section; and (5) any continuing professional education, professional development and in-service training programs for professional educators employed in the public schools in the state.
(b) The State Board of Education, after consultation with the secretary of education and the arts and the Chancellor for Higher Education who shall represent the interests of teacher preparation programs within the institutions of higher education in this state as those institutions are defined in section two, article one, chapter eighteen-b of this code, shall adopt standards for the education of professional educators in the state and for the awarding of certificates valid in the public schools of this state subject to the following conditions:
(1) The standards approved by the Board for teacher preparation shall include a provision for the study of multicultural education. As used in this section, multicultural education means the study of the pluralistic nature of American society including its values, institutions, organizations, groups, status positions and social roles;
(2) Effective the first day of January, one thousand nine hundred ninety-three, the standards approved by the Board shall also include a provision for the study of classroom management techniques and shall include methods of effective management of disruptive behavior which shall include societal factors and their impact on student behavior; and
(3) Effective on the effective date of this section, any teacher who has graduated from a teacher preparation program at a regionally accredited institution of higher education and who holds a valid teaching certificate or certificates issued by another state shall be, upon application, awarded a teaching certificate or certificates for the same grade level or levels and subject area or areas valid in the public schools of this state, subject only to the provisions of section ten of this article.
(c) To give prospective teachers the teaching experience needed to demonstrate competence as a prerequisite to certification, the State Board of Education may enter into an agreement with county boards for the use of the public schools. Such agreement shall recognize student teaching as a joint responsibility of the teacher preparation institution and the cooperating public schools and shall include: (1) The minimum qualifications for the employment of public school teachers selected as supervising teachers; (2) the remuneration to be paid public school teachers by the State Board, in addition to their contractual salaries, for supervising student teachers; and (3) minimum standards to guarantee the adequacy of the facilities and program of the public school selected for student teaching. The student teacher, under the direction and supervision of the supervising teacher, shall exercise the authority of a substitute teacher.
(d) The State Superintendent of Schools may issue certificates to graduates of teacher education programs and alternative teacher education programs approved by the State Board of Education and in accordance with this section and rules adopted by the State Board after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education. A certificate to teach shall not be granted to any person who is not a citizen of the United States, is not of good moral character and physically, mentally and emotionally qualified to perform the duties of a teacher and who has not attained the age of eighteen years on or before the first day of October of the year in which his or her certificate is issued; except that an exchange teacher from a foreign country, or an alien person who meets the requirements to teach, may be granted a permit to teach within the public schools of the state.
(e) In consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, institutions of higher education approved for teacher preparation may cooperate with each other with the center for professional development and with one or more county boards in the organization and operation of centers to provide selected phases of the teacher preparation program such as student teaching, beginning teacher internship programs, instruction in methodology and seminar programs for college students, teachers with provisional certification, professional support team members and supervising teachers.
The institutions of higher education the center for professional development and county boards may by mutual agreement budget and expend funds for the operation of the centers through payments to the appropriate fiscal office of the participating institutions the center for professional development and the county boards.
(f) The provisions of this section shall not be construed to require the discontinuation of an existing student teacher training center or school which meets the standards of the State Board of Education.
(g) All institutions of higher education approved for teacher preparation in the school year of one thousand nine hundred sixty- two--sixty-three shall continue to hold that distinction so long as they meet the minimum standards for teacher preparation. Nothing contained herein shall infringe upon the rights granted to any institution by charter given according to law previous to the adoption of this code.
§18A-3-2b. Beginning teacher internships.
(a) Every person to whom a professional teaching certificate is awarded after the first day of January, one thousand nine hundred ninety-two, shall successfully complete a beginning teacher internship program under the provisions of this section, except such persons who were awarded a professional teaching certificate on the basis of at least five years teaching experience in another state.
The beginning teacher internship program is a school based program intended to provide appropriate staff development activities and supervision to beginning teachers to assure their competency for licensure to teach in the public schools of this state. The beginning teacher internship program shall consist of the following components:
(1) A professional support team comprised of the school principal, who shall be the chair of the professional support team, a member of the county professional staff development council and an experienced classroom teacher at the school who teaches the same or similar subject and grade level as the beginning teacher and who shall serve as a mentor for the beginning teacher;
(2) An orientation program to be conducted prior to the beginning of the instructional term, but within the employment term, supervised by the mentor teacher;
(3) The scheduling of joint planning periods for the mentor and beginning teacher throughout the school year;
(4) Mentor observation of the classroom teaching skills of the beginning teacher for at least one hour per week during the first half of the school year and which may be reduced at the discretion of the mentor to one hour every two weeks during the second half of the school year;
(5) Weekly meetings between the mentor and the beginning teacher at which the mentor and the beginning teacher discuss the performance of the beginning teacher and any needed improvements, which meetings may be reduced at the discretion of the mentor to biweekly meetings during the second half of the school year;
(6) Monthly meetings of the professional support team to discuss the performance of the beginning teacher which meetings may include all mentor members of all professional support teams at the school if helpful in the judgment of the participants;
(7) In-service professional development programs provided through the professional development project of the center for professional development for beginning teachers and for mentors both of which will be held in the first half of the school year;
(8) The provision of necessary release time from regular duties for the mentor teacher, as agreed to by the principal and the mentor teacher, and a stipend of at least six hundred dollars for the mentor teacher for duties as a mentor teacher; and
(9)(8) A final evaluation of the performance of the beginning teacher completed by the principal on a form developed by the State Board of Education.
(b) The final evaluation form shall be submitted by the principal to the county school superintendent and shall include one of the following recommendations:
(1) Full professional status: A recommendation of full professional status indicates that the beginning teacher has successfully completed the internship program and in the judgment of the principal has demonstrated competence as a professional educator;
(2) Continuing internship status: A recommendation of continuing internship status indicates that in the judgment of the principal the beginning teacher requires further supervision and further employment in the district should be conditioned upon successful completion of an additional year under a beginning teacher internship program; or
(3) Discontinue employment: A recommendation to discontinue employment indicates that in the judgment of the principal the beginning teacher has completed two years of employment under supervision in a beginning teacher internship program, has not demonstrated competence as a professional educator and will not benefit from further supervised employment in the district.
§18A-3-2c. Principals Academy; training through the Principals Academy.

(a) There is hereby established within the Department of Education the "Principals Academy". Training through the Principals Academy shall include at least the following:
(1) Training designed to build within principals the minimum qualities, proficiencies and skills that will be required of all principals pursuant to the rules of the State Board;
(2) Specialized training and professional development programs for all principals; and
(3) Specialized training and professional development programs for the following principals:
(A) Newly appointed principals; (B) Principals whose schools have been designated as seriously impaired, which programs shall commence as soon as practicable following the designation;
(C) Principals subject to improvement plans; and
(D) Principals of schools with significantly different grade level configurations.
( a) (b) Principal training and professional development required. -- After the effective date of this section and subject to the provisions of subsection (c) (d) of this section, every principal shall complete training and professional development through the Principals Academy as provided in subsection (b) (c) of this section.
(b) (c) Principal training and professional development through the academy. -- The Academy and the persons required to complete training and professional development through the Academy shall adhere to the following guidelines:
(1) All persons assigned as a principal for the first time in a West Virginia school after the first day of July, two thousand two, shall complete specialized training and professional development for newly appointed principals through the Academy within the first twelve months following assignment;
(2) All principals of schools which have been designated as seriously impaired, in accordance with section five, article two-e, chapter eighteen of this code, shall complete specialized training and professional development through the Academy specifically designed to assist the principal to improve school performance commencing as soon as practicable following receipt of the designation;
(3) All principals who are subject to an improvement plan, in accordance with section twelve, article two of this chapter, shall complete specialized training and professional development through the Academy specifically designed for principals subject to an improvement plan. The specialized training and professional development shall be completed within twelve months from the date that the principal is first subject to the improvement plan;
(4) All principals who transfer to a school with a significantly different grade configuration shall complete specialized training and professional development for principals in schools with the grade configuration to which they transferred through the Academy within the first twelve months following transfer; and
(5) All persons serving as school principals shall complete training and professional development through the Academy designed to build the qualities, proficiencies and skills required of all principals as determined by the State Board.
(c) (d) Academy and requirements to complete training and professional development subject to funding. -- The requirement that principals complete training and professional development through the Academy shall be subject to the availability of funds for the principals academy from legislative appropriation and from other sources. If these funds are insufficient to provide for the total cost of the training and professional development required by subsection (b)(c) of this section, then the Academy shall provide training and professional development for the persons described in subdivisions (1) through (5), of subsection (b) (c) according to the priority in which the subdivisions appear in that subsection. If such funds are insufficient to provide for the training and professional development of all the persons described in one or more of subdivisions (1) through (5), subsection (b) (c) of this section, the Academy is authorized to determine which persons described within the subdivision or subdivisions shall be admitted and which shall not be admitted: Provided, That the Principals Academy shall make every effort to ensure that all principals receive training and professional development through the Academy at least once every six years effective the first day of July, two thousand two and thereafter: Provided, however, That nothing in this section shall be construed to require any specific level of funding by the Legislature.
(d) (e) Principals Standards Advisory Council. -- To assist the State Board in the performance of the duties described in subsection (e) (f) of this section, there is hereby created a "Principals Standards Advisory Council", which shall consist of nine persons, as follows: The executive director of the center for professional development, who shall serve as the ex officio chair; three principals, one from an elementary school and one from a middle school or a junior high school selected by the West Virginia association of elementary and middle school principals, and one from a high school selected by the West Virginia association of secondary school principals; one county school superintendent selected by the West Virginia association of school administrators; and two representatives from higher education who teach in principal preparation programs selected by the Teacher Education Advisory Council; and twothree citizen representatives who are knowledgeable on issues addressed in this section, appointed by the governor. Members of the Principals Standards Advisory Council who are public employees shall be granted release time from their employment for attending meetings of the Council. Members may be reimbursed for reasonable and necessary expenses actually incurred in the performance of their official duties by the State Department of Educationcenter for professional development. The terms of all members appointed to the Principals Standards Advisory Council under the prior enactment of this section shall terminate on the thirty-first day of August, two thousand two. The Council shall annually elect a chairperson. The Principals Standards Advisory Council as amended on the effective date of this section shall become effective on the first day of September, two thousand two.
(e) (f) Establishment of standards. -- On or before the first day of October, one thousand nine hundred ninety-six, the State Board shall approve and promulgate rules regarding the minimum qualities, proficiencies and skills that will be required of principals after the first day of January, one thousand nine hundred ninety-seven. The State Board shall promulgate and may from time to time amend such rules after consultation with the Principals Standards Advisory Council created in subsection (d) of this section. The rules promulgated by the State Board shall address at least the following:
(1) Staff relations, including, but not limited to, the development and use of skills necessary to make a positive use of faculty senates, manage faculty and staff with courtesy and mutual respect, coach and motivate employees, and build consensus as a means of management;
(2) School community leadership qualities, including, but not limited to, the ability to organize and leverage community initiative, communicate effectively, work effectively with local school improvement councils, manage change, resolve conflict and reflect the highest personal values;
(3) Educational proficiencies, including, but not limited to, knowledge of curriculum, instructional techniques, student learning styles, student assessment criteria, school personnel performance, evaluation skills and family issues; and
(4) Administrative skills, including, but not limited to, organizational, fiscal, public policy and total quality management skills and techniques.
(f) (g) Waivers. -- Any person desiring to be relieved of the requirements of all or any part of this section may apply in writing to the State Board for a waiver. Upon a showing of reasonable cause why relief should be granted, the State Board may grant a waiver, upon such terms and conditions as the State Board shall determine proper, as to all or any part of this section.
(g) (h) Failure to comply. -- Any person who fails or refuses to complete training and professional development through the academy, as required by the provisions of this section, and who fails to obtain a waiver, as described in subsection (f) (g) of this section, shall be ineligible to be employed as, or serve in the capacity of, a principal.
(h) (i) Tracking of requirement. -- On or before the first day of January, one thousand nine hundred ninety-seven, the State Board shall establish a system to track the progress of each person required to complete training through the academy and shall regularly advise such persons of their progress.
(i) (j) Payment of reasonable and necessary expenses and stipends. -- The Department of Educationcenter for professional development shall reimburse persons attending the academy for reasonable and necessary expenses. A person may not be required to complete training and professional development through the principals academy before the fifteenth day of September and after the first day of June of the school year. The Principals Academycenter for professional development shall utilize alternative methods of instructional delivery and scheduling, including electronic delivery, as considered appropriate to minimize the amount of time principals completing training and professional development through the Academy are required to be away from their school duties. Nothing in this section shall be construed to require any specific level of funding by the Legislature. §18A-3A-5. West Virginia Advanced Placement Center.
There is established within the Department of Education and the Arts a West Virginia Advanced Placement Center to provide statewide coordination for the continued growth and development of the advanced placement programs in West Virginia high schools. The center will assist the West Virginia Department of Education, county boards of education, institutions of higher education, the college board, inc., and the West Virginia Advanced Placement Advisory Council in all matters relative to the advanced placement in this state.
The specific functions of the center include:
(1) Coordinating advanced placement teacher training institutes;
(2) Establishing a cadre of instructors for the advanced placement teacher training institutes;
(3) Providing follow-up teacher training for advanced placement teachers;
(4) Identifying and obtaining external sources of funding;
(5) Networking advanced placement teachers through an advanced placement newsletter;
(6) Serving as a liaison for the college board and the West Virginia Department of Education, county boards of education, institutions of higher education, the West Virginia Advanced Placement Advisory Council, the Legislature and the Governor;
(7) Conducting research and evaluating the state's Advanced Placement Program;
(8) Assisting county boards of education and local schools in establishing, evaluating and maintaining advanced placement programs;
(9) Serving as a clearinghouse for advanced placement materials and correspondence; and
(10) Certify individual courses that meet the established standards of advanced placement programs.
CHAPTER 49. CHILD WELFARE.

ARTICLE 9. MISSING CHILDREN INFORMATION ACT. §49-9-3. Clearinghouse function.
(a) The missing children information clearinghouse is established under the West Virginia State Police. The state police:
(1) Shall provide for the administration of the clearinghouse; and
(2) May promulgate rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to carry out the provisions of this article.
(b) The clearinghouse is a central repository of information on missing children and shall be used by all law-enforcement agencies in this state.
(c) The clearinghouse shall:
(1) Establish a system of intrastate communication of information relating to missing children;
(2) Provide a centralized file for the exchange of information on missing children and unidentified bodies of children within the state;
(3) Communicate with the national crime information center for the exchange of information on missing children suspected of interstate travel;
(4) Collect, process, maintain and disseminate accurate and complete information on missing children;
(5) Provide a statewide toll-free telephone line for the reporting of missing children and for receiving information onmissing children;
(6) Disseminate to custodians, law-enforcement agencies, the State Department of Education, the governor's cabinet on children and families Department of Health and Human Resources and the general public information that explains how to prevent child abduction and what to do if a child becomes missing;
(7) Compile statistics relating to the incidence of missing children within the state;
(8) Provide training materials and technical assistance to law-enforcement agencies and social services agencies pertaining to missing children; and
(9) Establish a media protocol for disseminating information pertaining to missing children.
(d) The clearinghouse shall print and distribute posters, flyers and other forms of information containing descriptions of missing children.
(e) The state police may accept public or private grants, gifts and donations to assist in carrying out the provisions of this article.
§49-9-15. Clearinghouse Advisory Council; members, appointments and
expenses; appointment, duties and compensation of director.

(a) There is hereby created a Clearinghouse Advisory Council, which is a body corporate and politic, constituting a public corporation and government instrumentality. The Council shall consist of eleven members, who are knowledgeable about and interested in issues relating to missing or exploited children, as follows:
(1) FourSeven members to be appointed by the Governor, with the advice and consent of the Senate, with not more than twofour belonging to the same political party, three being from different congressional districts of the state and, as nearly as possible, providing broad state geographical distribution of members of the Council, and at least one representing a nonprofit organization involved with preventing the abduction, runaway or exploitation of children or locating missing children;
(2) One person to be appointed by the governor, with the advice and consent of the Senate, from a list of two persons recommended by the speaker of the House of Delegates;
(3) One member to be appointed by the governor, with the advice and consent of the Senate, from a list of two persons recommended by the president of the Senate;

(4) The Secretary of the Department of Health and Human Resources or his or her designee;
(5) The Superintendent of the West Virginia State Police or his or her designee;
(6) The State Superintendent of Schools or his or her designee; and
(7) The Director of the Criminal Justice and Highway Safety Division or his or her designee; and
(8) The executive director of the governor's cabinet on children and families.
(b) Not later than the first day of June, one thousand nine hundred ninety-seven, the Governor shall appoint the six appointed Council members for staggered terms. The terms of the board members first taking office on or after the effective date of this legislation shall expire as designated by the Governor at the time of their appointment, one at the end of the year, two at the end of the second year, and two at the end of the third year. As the original appointments expire, each subsequent appointment shall be for a full three-year term. Any appointed member whose term is expired shall serve until a successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. A member is eligible for only one successive reappointment. In cases of any vacancy in the office of a member, such vacancy shall be filled by the Governor in the same manner as the original appointment was made.
(c) Members of the Council are not entitled to compensation for services performed as members but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties. A majority of serving members constitutes a quorum for the purpose of conducting business. The chairman of the Council shall be designated by the Governor from among the appointed Council members who represent nonprofit organizations involved with preventing the abduction, runaway or exploitation of children or locating missing children. The term of the chairman shall run concurrently with his or her term of office as a member of the Council. The Council shall conduct all meetings in accordance with the open governmental meetings law pursuant to article nine-a, chapter six of this code.
(d) The employee of the West Virginia State Police who is primarily responsible for the clearinghouse established by section three of this article shall serve as the Executive Director of the Council. He or she shall receive no additional compensation for service as the Executive Director of the Council but shall be reimbursed for any reasonable and necessary expenses actually incurred in the performance of his or her duties as executive director.
(e) The expenses of the council members and the Executive Director shall be reimbursed from funds provided by foundation grants, in-kind contributions or funds obtained pursuant to subsection (b), section seventeen of this article.
(f) The Executive Director shall provide or obtain information necessary to support the administrative work of the Council and, to that end, may contract with one or more nonprofit organizations or state agencies for research and administrative support. The Executive Director of the Council shall be available to the governor and to the speaker of the House of Delegates and the president of the Senate to analyze and comment upon proposed legislation and rules which relate to or materially affect missing or exploited children.
(g) The Council shall prepare and publish an annual report of its activities and accomplishments and submit it to the governor and to the Legislature's Joint Committee on Government and Finance on or before the fifteenth day of December of each year.
NOTE: The purpose of this bill is to provide for the transfer of the Governor's Office on Technology to the Department of Administration; for the transfer of duties of the Governor's Cabinet on Children and Families to the Department of Health and Human Resources; for the elimination of the Governor's Cabinet on Children and Families; for the elimination of the Center for Professional Development; for the reorganization and restructuring of the West Virginia Educational Broadcasting Authority and the West Virginia Parkways, Economic Development and Tourism Authority; for the modification of the term of the Chief Administrative Law Judge of the Office of Tax Appeals; and for the Governor to have the authority to appoint two administrative law judges to the Office of Tax Appeals.

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

Sections §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-5, §5A-6-6, §5A-6-7, §5A-6-8, §9-2-6b, §9-2-6c, §9-2-6d, §9-2-6e, and §9-4-1a are new; therefore, strike-throughs and underscoring have been omitted.
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