ENROLLED
Senate Bill No. 657
(By Senators Plymale, Edgell, Unger, Stollings and McCabe)
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[Passed March 10, 2007; to take effect July 1, 2007.]
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AN ACT to amend and reenact §18-2E-5 of the Code of West Virginia,
1931, as amended; and to amend and reenact §29A-3B-9 and
§29A-3B-10 of said code, all relating to public education
generally; standards, assessment and accountability for
student performance and progress; requiring 21st Century
Skills Initiative incorporation into standards; renaming
unified improvement plans as strategic improvement plans;
revising uniform statewide student assessment program;
providing annual performance measures for the No Child Left
Behind Act of 2001; providing state annual performance
measures; providing additional category of school
accreditation and renaming existing category; revising
criteria for accreditation status; providing for appeal of on-
site findings and report to oversight commission; removing
obsolete provisions; and allowing electronic filing of state
board rules with the Legislative Oversight Commission on Education Accountability.
Be it enacted by the Legislature of West Virginia:
That §18-2E-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §29A-3B-9 and §29A-3B-10 of said
code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; education standards;
statewide assessment program; accountability
measures; Office of Education Performance Audits;
school accreditation and school system approval;
intervention to correct low performance.
(a)
Legislative findings, purpose and intent. -- The
Legislature makes the following findings with respect to the
process for improving education and its purpose and intent in the
enactment of this section:
(1) The process for improving education includes four primary
elements, these being:
(A) Standards which set forth the knowledge and skills that
students should know and be able to do as the result of a thorough
and efficient education that prepares them for the twenty-first
century, 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
the knowledge and skills intrinsic to a high quality education in
the twenty-first century which is delivered in an efficient manner;
and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2) As the constitutional body charged with the general
supervision of schools as provided by general law, the state board
has the authority and the responsibility to establish the
standards, assess the performance and progress of students against
the standards, hold schools and school systems accountable and
assist schools and school systems to build capacity and improve
efficiency so that the standards are met, including, when
necessary, seeking additional resources in consultation with the
Legislature and the Governor.
(3) As the constitutional body charged with providing for a
thorough and efficient system of schools, the Legislature has the
authority and the responsibility to establish and be engaged
constructively in the determination of the knowledge and skills
that students should know and be able to do as the result of a
thorough and efficient education. This determination is made by
using the process for improving education to determine when school improvement is needed, by evaluating the results and the efficiency
of the system of schools, by ensuring accountability and by
providing for the necessary capacity and its efficient use.
(4) In consideration of these findings, the purpose of this
section is to establish a process for improving education that
includes the four primary elements as set forth in subdivision (1)
of this subsection to provide assurances that the high quality
standards are, at a minimum, being met and that a thorough and
efficient system of schools is being provided for all West Virginia
public school students on an equal education opportunity basis.
(5) The intent of the Legislature in enacting this section and
section five-c of this article is to establish a process through
which the Legislature, the Governor and the state board can work in
the spirit of cooperation and collaboration intended in the process
for improving education to consult and examine the performance and
progress of students, schools and school systems and, when
necessary, to consider alternative measures to ensure that all
students continue to receive the thorough and efficient education
to which they are entitled. However, nothing in this section
requires any specific level of funding by the Legislature.
(b)
Electronic county and school strategic improvement plans.
-- The state board shall promulgate a rule consistent with the
provisions of this section and in accordance with article three-b,
chapter twenty-nine-a of this code establishing an electronic
county strategic improvement plan for each county board and an electronic school strategic improvement plan for each public school
in this state. Each respective plan shall be a five-year plan that
includes the mission and goals of the school or school system to
improve student, school or school system performance and progress,
as applicable. The strategic plan shall be revised annually in
each area in which the school or system is below the standard on
the annual performance measures. The revised annual plan also
shall identify any deficiency which is reported on the check lists
identified in paragraph (G), subdivision (5), subsection (l) of
this section including any deficit more than a casual deficit by
the county board. The plan shall be revised when required pursuant
to this section to include each annual performance measure upon
which the school or school system fails to meet the standard for
performance and progress, the action to be taken to meet each
measure, a separate time line and a date certain for meeting each
measure, a cost estimate and, when applicable, the assistance to be
provided by the department and other education agencies to improve
student, school or school system performance and progress to meet
the annual performance measure.
The department shall make available to all public schools
through its website or the West Virginia Education Information
System an electronic school strategic improvement plan boilerplate
designed for use by all schools to develop an electronic school
strategic improvement plan which incorporates all required aspects
and satisfies all improvement plan requirements of the No Child Left Behind Act.
(c)
High quality education standards and efficiency standards.
-- In accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, the state board shall adopt and
periodically review and update high quality education standards for
student, school and school system performance and processes in the
following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance and progress;
(12) School and school system performance and progress;
(13) A code of conduct for students and employees;
(14) Indicators of efficiency; and
(15) Any other areas determined by the state board.
The standards, as applicable, shall incorporate the state's
21st Century Skills Initiative and shall assure that graduates are
prepared for continuing post-secondary education, training and work and that schools and school systems are making progress toward
achieving the education goals of the state.
(d)
Comprehensive statewide student assessment program. --
The state board shall promulgate a rule in accordance with the
provisions of article three-b, chapter twenty-nine-a of this code
establishing a comprehensive statewide student assessment program
to assess student performance and progress in grades three through
twelve. The state board may require that student proficiencies be
measured through the ACT EXPLORE and the ACT PLAN assessments or
other comparable assessments, which are approved by the state board
and provided by future vendors. The state board may require that
student proficiencies be measured through the West Virginia writing
assessment at any of the grade levels four, seven and ten
determined by the state board to be appropriate:
Provided, That,
effective the first day of July, two thousand eight, the state
board may require that student proficiencies be measured through
the West Virginia writing assessment at any of the grade levels
four, seven and eleven determined by the state board to be
appropriate. The state board may provide through the statewide
assessment program other testing or assessment instruments
applicable to grade levels kindergarten through grade twelve which
may be used by each school upon approval by the school curriculum
team to promote student achievement. The use of assessment results
are subject to the following:
(1) The assessment results for grade levels three through eight and eleven are the only assessment results which may be used
for determining whether any school or school system has made
adequate yearly progress (AYP);
(2) Only the assessment results in the subject areas of
reading/language arts and mathematics may be used for determining
whether a school or school system has made adequate yearly progress
(AYP);
(3) The results of the West Virginia writing assessment, the
ACT EXPLORE assessments and the ACT PLAN assessments may not be
used for determining whether a school or school system has made
adequate yearly progress (AYP);
(4) The results of testing or assessment instruments provided
by the state board for optional use by schools and school systems
to promote student achievement may not be used for determining
whether a school or school system has made adequate yearly progress
(AYP); and
(5) All assessment provisions of the comprehensive statewide
student assessment program in effect for the school year two
thousand six--two thousand seven shall remain in effect until
replaced by the state board rule.
(e)
Annual performance measures for Public Law 107-110, the
Elementary and Secondary Education Act of 1965, as amended (No
Child Left Behind Act of 2001). -- The standards shall include
annual measures of student, school and school system performance
and progress for the grade levels and the content areas defined by the act. The following annual measures of student, school and
school system performance and progress shall be the only measures
for determining whether adequately yearly progress under the No
Child Left Behind Act has been achieved:
(1) The acquisition of student proficiencies as indicated by
student performance and progress on the required accountability
assessments at the grade levels and content areas as required by
the act subject to the limitations set forth in subsection (d) of
this section.
(2) The student participation rate in the uniform statewide
assessment must be at least ninety-five percent or the average of
the participation rate for the current and the preceding two years
is ninety-five percent for the school, county and state;
(3) Only for schools that do not include grade twelve, the
school attendance rate which shall be no less than ninety percent
in attendance for the school, county and state. The following
absences shall be excluded:
(A) Student absences excused in accordance with the state
board rule promulgated pursuant to section four, article eight of
this chapter;
(B) Students not in attendance due to disciplinary measures;
and
(C) Absent students for whom the attendance director has
pursued judicial remedies compelling attendance to the extent of
his or her authority; and
(4) The high school graduation rate which shall be no less
than eighty percent for the school, county and state; or if the
high school graduation rate is less than eighty percent, the high
school graduation rate shall be higher than the high school
graduation rate of the preceding year as determined from
information on the West Virginia Education Information System on
the fifteenth day of August.
(f)
State annual performance measures for school and school
system accreditation. -- The state board shall establish a system
to assess and weigh annual performance measures for state
accreditation of schools and school systems in a manner that gives
credit or points such as an index to prevent any one measure alone
from causing a school to achieve less than full accreditation
status or a school system from achieving less than full approval
status:
Provided, That a school or school system that achieves
adequate yearly progress is eligible for no less than full
accreditation or approval status, as applicable, and the system
established pursuant to this subsection shall only apply to schools
and school systems that do not achieve adequate yearly progress.
The following types of measures, as may be appropriate at the
various programmatic levels, may be approved by the state board for
the school and school system accreditation:
(1) The acquisition of student proficiencies as indicated by
student performance and progress on the uniform statewide
assessment program at the grade levels as provided in subsection (d) of this section. The state board may approve providing bonus
points or credits for students scoring at or above mastery and
distinguished levels;
(2) Writing assessment results in grades tested;
(3) School attendance rates;
(4) Percentage of courses taught by highly qualified teachers;
(5) Percentage of students scoring at benchmarks on the
currently tested ACT EXPLORE and ACT PLAN assessments or other
comparable assessments, which are approved by the state board and
provided by future vendors;
(6) Graduation rates;
(7) Job placement rates for vocational programs;
(8) Percent of students passing end-of-course career/technical
tests;
(9) Percent of students not requiring college remediation
classes; and
(10) Bonus points or credits for subgroup improvement,
advanced placement percentages, dual credit completers and
international baccalaureate completers.
(g)
Indicators of exemplary performance and progress. -- The
standards shall include indicators of exemplary student, school and
school system performance and progress. The indicators of
exemplary student, school and school system performance and
progress shall be used only as indicators for determining whether
accredited and approved schools and school systems should be granted exemplary status. These indicators shall include, but are
not limited to, the following:
(1) The percentage of graduates who declare their intent to
enroll in college and other post-secondary education and training
following high school graduation;
(2) The percentage of graduates who receive additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(3) The percentage of students who successfully complete
advanced placement, dual credit and honors classes.
(h)
Indicators of efficiency. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code,
the state board shall adopt by rule and periodically review and
update indicators of efficiency for use by the appropriate
divisions within the department to ensure efficient management and
use of resources in the public schools in the following areas:
(1) Curriculum delivery including, but not limited to, the use
of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Use of regional educational service agency programs and
services, including programs and services that may be established by their assigned regional educational service agency or other
regional services that may be initiated between and among
participating county boards; and
(7) Any other indicators as determined by the state board.
(i)
Assessment and accountability of school and school system
performance and processes. -- In accordance with the provisions of
article three-b, chapter twenty-nine-a of this code, the state
board shall establish by rule a system of education performance
audits which measures the quality of education and the preparation
of students based on the annual measures of student, school and
school system performance and progress. The system of education
performance audits shall provide information to the state board,
the Legislature and the Governor, individually and collectively as
the Process for Improving Education Council, upon which they may
determine whether a thorough and efficient system of schools is
being provided. The system of education performance audits shall
include:
(1) The assessment of student, school and school system
performance and progress based on the annual measures set forth in
subsection (d) of this section;
(2) The evaluation of records, reports and other information
collected by the department upon which the quality of education and
compliance with statutes, policies and standards may be determined;
(3) The review of school and school system electronic
strategic improvement plans; and
(4) The on-site review of the processes in place in schools
and school systems to enable school and school system performance
and progress and compliance with the standards.
(j)
Uses of school and school system assessment information.
-- The state board and the Process for Improving Education Council
established pursuant to section five-c of this article shall use
information from the system of education performance audits to
assist them in ensuring that a thorough and efficient system of
schools is being provided and to improve student, school and school
system performance and progress. Information from the system of
education performance audits further shall be used by the state
board for these purposes, including, but not limited to, the
following:
(1) Determining school accreditation and school system
approval status;
(2) Holding schools and school systems accountable for the
efficient use of existing resources to meet or exceed the
standards; and
(3) Targeting additional resources when necessary to improve
performance and progress.
The state board shall make accreditation information available
to the Legislature, the Governor, the general public and to any
individual who requests the information, subject to the provisions
of any act or rule restricting the release of information.
(k)
Early detection and intervention programs. -- Based on the assessment of student, school and school system performance and
progress, the state board shall establish early detection and
intervention programs using the available resources of the
Department of Education, the regional educational service agencies,
the Center for Professional Development and the Principals Academy,
as appropriate, to assist underachieving schools and school systems
to improve performance before conditions become so grave as to
warrant more substantive state intervention. Assistance shall
include, but is not limited to, providing additional technical
assistance and programmatic, professional staff development,
providing monetary, staffing and other resources where appropriate,
and, if necessary, making appropriate recommendations to the
Process for Improving Education Council.
(l)
Office of Education Performance Audits. --
(1) To assist the state board and the Process for Improving
Education Council in the operation of a system of education
performance audits, the state board shall establish an Office of
Education Performance Audits consistent with the provisions of this
section. The Office of Education Performance Audits shall be
operated under the direction of the state board independently of
the functions and supervision of the State Department of Education
and state superintendent. The Office of Education Performance
Audits shall report directly to and be responsible to the state
board and the Process for Improving Education Council created in
section five-c of this article in carrying out its duties under the provisions of this section.
(2) The office shall be headed by a director who shall be
appointed by the state board and who shall serve at the will and
pleasure of the state board. The annual salary of the director
shall be set by the state board and may not exceed eighty percent
of the salary cap of the State Superintendent of Schools.
(3) The state board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by law and by the state
board. Employees of the State Department of Education who are
transferred to the Office of Education Performance Audits shall
retain their benefits and seniority status with the Department of
Education.
(4) Under the direction of the state board, the Office of
Education Performance Audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance and progress of students, schools and school
systems, and shall receive assistance, as determined by the state
board, from staff at the State Department of Education, the
regional education service agencies, the Center for Professional
Development, the Principals Academy and the School Building
Authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it by
the state board or by statute, the Office of Education Performance
Audits also shall:
(A) Assure that all statewide assessments of student performance used as annual performance measures are secure as
required in section one-a of this article;
(B) Administer all accountability measures as assigned by the
state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems; and
(ii) Recommendations to the state board on appropriate action,
including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the state
board and recommend to the state board and the Process for
Improving Education Council plans to establish those needed
capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity of schools and school systems to meet the
standards established by the state board, including the
identification of trends and the need for continuing improvements
in education, and report those deficiencies and trends to the state
board and the Process for Improving Education Council;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the state board
and make recommendations to the state board, the Process for Improving Education Council, the Center for Professional
Development, the regional educational service agencies, the Higher
Education Policy Commission and the county boards;
(F) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance and make recommendations to the state board and the
Process for Improving Education Council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The state board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with various of
the applicable laws, policies and process standards as considered
appropriate and approved by the state board, including, but not
limited to, the following:
(i) The use of a policy for the evaluation of all school
personnel that meets the requirements of sections twelve and
twelve-a, article two, chapter eighteen-a of this code;
(ii) The participation of students in appropriate physical
assessments as determined by the state board, which assessment may
not be used as a part of the assessment and accountability system;
(iii) The appropriate licensure of school personnel; and
(iv) The school provides multicultural activities.
Information contained in the reporting formats is subject to
examination during an on-site review to determine compliance with
laws, policies and standards. Intentional and grossly negligent
reporting of false information are grounds for dismissal.
(m)
On-site reviews. --
(1) The system of education performance audits shall include
on-site reviews of schools and school systems which shall be
conducted only at the specific direction of the state board upon
its determination that the performance and progress of the school
or school system are persistently below standard or that other
circumstances exist that warrant an on-site review. Any discussion
by the state board of schools to be subject to an on-site review or
dates for which on-site reviews will be conducted may be held in
executive session and is not subject to the provisions of article
nine-a, chapter six of this code relating to open governmental
proceedings. An on-site review shall be conducted by the Office of
Education Performance Audits of a school or school system for the
purpose of investigating the reasons for performance and progress
that are persistently below standard and making recommendations to
the school and school system, as appropriate, and to the state
board on such measures as it considers necessary to improve
performance and progress to meet the standard. The investigation
may include, but is not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Examining compliance with the laws and policies affecting
student, school and school system performance and progress;
(C) Evaluating the effectiveness and implementation status of
school and school system electronic strategic improvement plans;
(D) Investigating official complaints submitted to the state
board that allege serious impairments in the quality of education
in schools or school systems;
(E) Investigating official complaints submitted to the state
board that allege that a school or county board is in violation of
policies or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews and
inspections have been conducted by the appropriate agencies,
including, but not limited to, the State Fire Marshal, the Health
Department, the School Building Authority and the responsible
divisions within the Department of Education, and whether noted
deficiencies have been or are in the process of being corrected.
The Office of Education Performance Audits may not conduct a
duplicate review or inspection of any compliance reviews or
inspections conducted by the department or its agents or other duly
authorized agencies of the state, nor may it mandate more stringent
compliance measures.
(2) The Director of the Office of Education Performance Audits
shall notify the county superintendent of schools five school days
prior to commencing an on-site review of the county school system and shall notify both the county superintendent and the principal
five school days prior to commencing an on-site review of an
individual school:
Provided, That the state board may direct the
Office of Education Performance Audits to conduct an unannounced
on-site review of a school or school system if the state board
believes circumstances warrant an unannounced on-site review.
(3) The Office of Education Performance Audits shall conduct
on-site reviews which are limited in scope to specific areas in
which performance and progress are persistently below standard as
determined by the state board unless specifically directed by the
state board to conduct a review which covers additional areas.
(4) An on-site review of a school or school system shall
include a person or persons from the Department of Education or a
public education agency in the state who has expert knowledge and
experience in the area or areas to be reviewed and who has been
trained and designated by the state board to perform such
functions. If the size of the school or school system and issues
being reviewed necessitate the use of an on-site review team or
teams, the person or persons designated by the state board shall
advise and assist the director to appoint the team or teams. The
person or persons designated by the state board shall be the team
leaders.
The persons designated by the state board shall be responsible
for completing the report on the findings and recommendations of
the on-site review in their area of expertise. It is the intent of the Legislature that the persons designated by the state board
participate in all on-site reviews that involve their area of
expertise, to the extent practicable, so that the on-site review
process will evaluate compliance with the standards in a uniform,
consistent and expert manner.
(5) The Office of Education Performance Audits shall reimburse
a county board for the costs of substitutes required to replace
county board employees while they are serving on a review team.
(6) At the conclusion of an on-site review of a school system,
the director and team leaders shall hold an exit conference with
the superintendent and shall provide an opportunity for principals
to be present for at least the portion of the conference pertaining
to their respective schools. In the case of an on-site review of
a school, the exit conference shall be held with the principal and
curriculum team of the school and the superintendent shall be
provided the opportunity to be present. The purpose of the exit
conference is to review the initial findings of the on-site review,
clarify and correct any inaccuracies and allow the opportunity for
dialogue between the reviewers and the school or school system to
promote a better understanding of the findings.
(7) The Office of Education Performance Audits shall report
the findings of an on-site review to the county superintendent and
the principals whose schools were reviewed within thirty days
following the conclusion of the on-site review. The Office of
Education Performance Audits shall report the findings of the on-site review to the state board within forty-five days after the
conclusion of the on-site review. A copy of the report shall be
provided to the Process for Improving Education Council at its
request. A school or county that believes one or more findings of
a review are clearly inaccurate, incomplete or misleading,
misrepresent or fail to reflect the true quality of education in
the school or county, or address issues unrelated to the health,
safety and welfare of students and the quality of education, may
appeal to the state board for removal of the findings. The state
board shall establish a process for it to receive, review and act
upon the appeals. The state board shall report to the Legislative
Oversight Commission on Education Accountability during its July
interim meetings, or as soon thereafter as practical, on each
appeal during the preceding school year.
(8) The Legislature finds that the accountability and
oversight of the following activities and programmatic areas in the
public schools is controlled through other mechanisms and that
additional accountability and oversight are not only unnecessary
but counterproductive in distracting necessary resources from
teaching and learning. Therefore, notwithstanding any other
provision of this section to the contrary, the following activities
and programmatic areas are not subject to review by the Office of
Education Performance Audits:
(A) Work-based learning;
(B) Use of advisory councils;
(C) Program accreditation and student credentials;
(D) Student transition plans;
(E) Graduate assessment form;
(F) Casual deficit;
(G) Accounting practices;
(H) Transportation services;
(I) Special education services;
(J) Safe, healthy and accessible facilities;
(K) Health services;
(L) Attendance director;
(M) Business/community partnerships;
(N) Pupil-teacher ratio/split grade classes;
(O) Local school improvement council, faculty senate, student
assistance team and curriculum team;
(P) Planning and lunch periods;
(Q) Skill improvement program;
(R) Certificate of proficiency;
(S) Training of county board members;
(T) Excellence in job performance;
(U) Staff development; and
(V) Preventive discipline, character education and student and
parental involvement.
(n)
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, distinction accreditation status, full accreditation
status, temporary accreditation status, conditional accreditation
status, or low performing accreditation status.
(1) Full accreditation status shall be given to a school when
the school's performance and progress meet or exceed the standards
adopted by the state board pursuant to subsection (e) or (f), as
applicable, of this section and it does not have any deficiencies
which would endanger student health or safety or other
extraordinary circumstances as defined by the state board. A
school that meets or exceeds the performance and progress standards
but has the other deficiencies shall remain on full accreditation
status for the remainder of the accreditation period and shall have
an opportunity to correct those deficiencies, notwithstanding other
provisions of this subsection.
(2) Temporary accreditation status shall be given to a school
when the school's performance and progress are below the level
required for full accreditation status. Whenever a school is given
temporary accreditation status, the county board shall ensure that
the school's electronic strategic improvement plan is revised in
accordance with subsection (b) of this section to increase the
performance and progress of the school to a full accreditation
status level. The revised plan shall be submitted to the state
board for approval.
(3) Conditional accreditation status shall be given to a school when the school's performance and progress are below the
level required for full accreditation, but the school's electronic
strategic improvement plan meets the following criteria:
(A) The plan has been revised to improve performance and
progress on the standard or standards by a date or dates certain;
(B) The plan has been approved by the state board; and
(C) The school is meeting the objectives and time line
specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance and progress substantially exceed the
standards adopted by the state board pursuant to subsections (f)
and (g) of this section. The state board shall promulgate
legislative rules in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code designated to establish
standards of performance and progress to identify exemplary
schools.
(5) Distinction accreditation status shall be given to a
school when the school's performance and progress exceed the
standards adopted by the state board. The state board shall
promulgate legislative rules in accordance with the provisions of
article three-b, chapter twenty-nine-a of this code establishing
standards of performance and progress to identify schools of
distinction.
(6) Low-performing accreditation status shall be given to a
school whenever extraordinary circumstances exist as defined by the state board.
(A) These circumstances shall include, but are not limited to,
the following:
(i) The failure of a school on temporary accreditation status
to obtain approval of its revised electronic school strategic
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
electronic school strategic improvement plan; or
(iii) The failure of a school to meet a standard by the date
specified in the revised plan.
(B) Whenever the state board determines that the quality of
education in a school is low performing, the state board shall
appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correction of the low
performance. When the state board approves the recommendations,
they shall be communicated to the county board. If progress in
correcting the low performance 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 low performance.
(C) If the low performance 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 low performance 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 low performance 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 low performance, 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 low performance are
present at the school. If the principal who was removed elects not
to remain an employee of the county board, then the principal
assigned by the state board shall be paid by the county board. If
the principal who was removed elects to remain an employee of the
county board, then the following procedure applies:
(I) The principal assigned by the state board shall be paid by the state board until the next school term, at which time the
principal assigned by the state board shall be paid by the county
board;
(II) The principal who was removed shall be eligible for all
positions in the county, including teaching positions, for which
the principal is certified, by either being placed on the transfer
list in accordance with section seven, article two, chapter
eighteen-a of this code, or by being placed on the preferred recall
list in accordance with section seven-a, article four, chapter
eighteen-a of this code; and
(III) The principal who was removed shall be paid by the
county board and may be assigned to administrative duties, without
the county board being required to post that position until the end
of the school term.
(6) The county board shall take no action nor refuse any
action if the effect would be to impair further the school in which
the state board has intervened.
(7) The state board may appoint a monitor pursuant to the
provisions of this subsection to assist the school principal after
intervention in the operation of a school is completed.
(o)
Transfers from low-performing schools. -- Whenever a
school is determined to be low performing and fails to improve its
status within one year, following state intervention in the
operation of the school to correct the low performance, any student
attending the school may transfer once to the nearest fully accredited school in the county, subject to approval of the fully
accredited school and at the expense of the school from which the
student transferred.
(p)
School system approval. -- The state board annually shall
review the information submitted for each school system from the
system of education performance audits and issue one of the
following approval levels to each county board: Full approval,
temporary approval, conditional approval or nonapproval.
(1) Full approval shall be given to a county board whose
schools have all been given full, temporary or conditional
accreditation status and which does not have any deficiencies which
would endanger student health or safety or other extraordinary
circumstances as defined by the state board. A fully approved
school system in which other deficiencies are discovered shall
remain on full accreditation status for the remainder of the
approval period and shall have an opportunity to correct those
deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its electronic county strategic
improvement plan in accordance with subsection (b) of this section
to increase the performance and progress of the school system to a
full approval status level. The revised plan shall be submitted to
the state board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose electronic county strategic improvement plan
meets the following criteria:
(i) The plan has been revised in accordance with subsection
(b) of this section;
(ii) The plan has been approved by the state board; and
(iii) The county board is meeting the objectives and time line
specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its electronic county
strategic improvement plan or revised electronic county strategic
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 electronic county strategic 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;
(q) 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 (p) 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.
(r)
Capacity. -- The process for improving education includes
a process for targeting resources strategically to improve the
teaching and learning process. Development of electronic school
and school system strategic 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 electronic strategic 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 electronic strategic 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.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 3B. STATE BOARD OF EDUCATION RULEMAKING.
§29A-3B-9. Submission of legislative rules to the Legislative
Oversight Commission on Education Accountability.
(a) When the board proposes a legislative rule, the board
shall submit the following to the Legislative Oversight Commission
on Education Accountability: (1) The full text of the legislative
rule as proposed by the board and filed with the office of the
Secretary of State, with new language underlined and with language
to be deleted from any existing rule stricken through but clearly
legible; (2) a brief summary of the content of the legislative rule
and a description and a copy of any existing rule which the agency
proposes to amend or repeal; (3) a statement of the circumstances
which require the rule; (4) a fiscal note containing all
information included in a fiscal note for either house of the
Legislature and a statement of the economic impact of the rule on
the state or its residents; and (5) any other information which the
commission may request or which may be required by law.
(b) At its discretion, the board may meet the filing
requirement of subsection (a) of this section using either of the
following methods:
(1) By submitting twenty copies of the proposed rule to the
Legislative Oversight Commission on Education Accountability at its
offices or at a regular meeting of the commission; or
(2) By submitting the proposed rule electronically to the
Legislative Oversight Commission on Education Accountability.
Proposed rules submitted electronically shall be transmitted in a
timely manner, shall contain all required information and shall be
compatible with computer applications in use by the Legislative
Oversight Commission on Education Accountability.
(c) The commission shall review each proposed legislative rule
and, in its discretion, may hold public hearings thereon. Such
review shall include, but not be limited to, a determination of:
(1) Whether the board has exceeded the scope of its statutory
authority in approving the proposed legislative rule;
(2) Whether the proposed legislative rule is in conformity
with the legislative intent of the statute which the rule is
intended to implement, extend, apply, interpret or make specific;
(3) Whether the proposed legislative rule conflicts with any
other provision of this code or with any other rule adopted by the
same or a different agency;
(4) Whether the proposed legislative rule is necessary to
fully accomplish the objectives of the statute under which the
proposed rule was promulgated;
(5) Whether the proposed legislative rule is reasonable,
especially as it affects the convenience of the general public or
of persons particularly affected by it;
(6) Whether the proposed legislative rule could be made less
complex or more readily understandable by the general public; and
(7) Whether the proposed legislative rule was promulgated in
compliance with the requirements of this article and with any
requirements imposed by any other provision of this code.
(d) After reviewing the legislative rule, the commission may
recommend to the board any changes needed to comply with the
legislative intent of the statute upon which the rule is based or
otherwise to modify the activity subject to the rule, or may make
any other recommendations to the board as it considers appropriate.
(e) When the board finally adopts a legislative rule, the
board shall submit to the Legislative Oversight Commission on
Education Accountability at its offices or at a regular meeting of
the commission six copies of the rule as adopted by the board. The
board, at its discretion, may meet the filing requirement contained
in this subsection by submitting the legislative rule in electronic
format to the Legislative Oversight Commission on Education
Accountability. Rules submitted electronically shall be
transmitted in a timely manner and shall be compatible with
computer applications in use by the Legislative Oversight
Commission on Education Accountability.
(f) After reviewing the legislative rule, the commission may
recommend to the Legislature any statutory changes needed to
clarify the legislative intent of the statute upon which the rule
is based or may make any other recommendations to the Legislature
as it considers appropriate.
§29A-3B-10. Emergency legislative rules; procedure for promulgation; definition.
(a) The board may, without hearing, find that an emergency
exists requiring that emergency rules be promulgated and promulgate
the same in accordance with this section. Such emergency rules,
together with a statement of the facts and circumstances
constituting the emergency, shall be filed in the State Register
and shall become effective immediately upon such filing. Such
emergency rules may adopt, amend or repeal any legislative rule,
but the circumstances constituting the emergency requiring such
adoption, amendment or repeal shall be stated with particularity
and be subject to de novo review by any court having original
jurisdiction of an action challenging their validity.
(b) The board shall file ten copies of the rules and of the
required statement with the Legislative Oversight Commission on
Education Accountability. At its discretion, the board may meet
the filing requirement contained in this subsection by submitting
the emergency rule electronically to the Legislative Oversight
Commission on Education Accountability. Proposed rules submitted
electronically shall be transmitted in a timely manner, shall
contain all required information and shall be compatible with
computer applications in use by the Legislative Oversight
Commission on Education Accountability.
(c) An emergency rule shall be effective for not more than
fifteen months and shall expire earlier if any of the following
occurs:
(1) The board has not previously filed and fails to file a
notice of public hearing on the proposed rule within sixty days of
the date the proposed rule was filed as an emergency rule; in which
case the emergency rule expires on the sixty-first day.
(2) The board has not previously filed and fails to file the
proposed rule with the Legislative Oversight Commission on
Education Accountability within one hundred eighty days of the date
the proposed rule was filed as an emergency rule; in which case the
emergency rule expires on the one hundred eighty-first day.
(3) The board adopts a legislative rule dealing with
substantially the same subject matter since such emergency rule was
first promulgated and in which case the emergency rule expires on
the date the authorized rule is made effective.
(d) Any amendment to an emergency rule made by the board shall
be filed in the State Register and does not constitute a new
emergency rule for the purpose of acquiring additional time or
avoiding the expiration dates in subdivision (1), (2) or (3),
subsection (c) of this section.
(e) Once an emergency rule expires due to the conclusion of
fifteen months or due to the effect of subdivision (1), (2) or (3),
subsection (c) of this section, the board may not refile the same
or similar rule as an emergency rule.
(f) Emergency legislative rules currently in effect under the
prior provisions of this section may be refiled under the
provisions of this section.
(g) The provision of this section shall not be used to avoid
or evade any provision of this article or any other provisions of
this code, including any provisions for legislative review of
proposed rules. Any emergency rule promulgated for any such
purpose may be contested in a judicial proceeding before a court of
competent jurisdiction.
(h) The Legislative Oversight Commission on Education
Accountability may review any emergency rule to determine: (1)
Whether the board has exceeded the scope of its statutory authority
in promulgating the emergency rule; (2) whether there exists an
emergency justifying the promulgation of such rule; and (3) whether
the rule was promulgated in compliance with the requirements and
prohibitions contained in this section. The commission may
recommend to the board, the Legislature or the Secretary of State
such action as it may deem proper.