COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 300
(By Senators Tomblin, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on Education;
reported February 21, 1996.]
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A BILL to amend and reenact sections one and four, article one,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section six, article two of said chapter; to amend and
reenact sections four, five and seven, article two-e of said
chapter; to further amend said article by adding thereto a
new section, designated section eight; to amend and reenact
section four, article five-a of said chapter; to amend and
reenact section one, article one, chapter eighteen-a of said
code; to amend article three of said chapter by adding
thereto a new section, designated section two-c; to amend
and reenact section one, article three-a of said chapter; to
further amend said article by adding thereto a new section,
designated section two-b; and to amend article one, chapter eighteen-b of said code by adding thereto a new section,
designated section one-e, all relating to creating jobs
through education; defining "stakeholders", "career
clusters" and "work-based learning"; requiring the state
board to report progress toward meeting the "Goals for the
Year 2000"; replacing certificates of proficiency with an
electronic portfolio system; including information on
statewide school report cards; establishing school
accreditation and education standards; providing for high
quality basic skills development and remediation in all
public schools; utilizing technology in middle schools,
junior high schools and high schools; stating comprehensive
goals for jobs through education; increasing academic
expectations and career development for all students;
assessing student performance by grade level; focusing on
basic skills in kindergarten through fourth grade;
developing a rigorous curriculum; exploring career options;
implementing an individualized five-year education plan;
choosing career majors; reporting by state school-to-work
steering committee; increasing the ability of all students
to meet higher academic expectations and become independent
learners; establishing partnerships; creating guidelines for work-based learning; creating work-based opportunities in
rural areas; creating guidelines for certification on the
electronic portfolio of student skills, competencies and
readiness for employment; addressing staff development;
requiring a state board rule; establishing criteria for
selecting schools of excellence; defining "principals
academy" and "center for professional development";
requiring training through the principals academy; creating
the "Principals Standards Advisory Council"; creating the
"Principals Academy" within the center for professional
development and adding penalties for failure to comply;
requiring public education and higher education
collaboration for the preparation of students for college
and other post-secondary education; and requiring the higher
education governing boards to promulgate a joint rule.
Be it enacted by the Legislature of West Virginia:
That sections one and four, article one, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that section six, article
two of said chapter be amended and reenacted; that sections four,
five and seven, article two-e of said chapter be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section eight; that section four, article five-a of said chapter be amended and reenacted; that
section one, article one, chapter eighteen-a of said code be
amended and reenacted; that article three of said chapter be
amended by adding thereto a new section, designated section two-
c; that section one, article three-a of said chapter be amended
and reenacted; that said article be further amended by adding
thereto a new section, designated section two-b; and that article
one, chapter eighteen-b of said code be amended by adding thereto
a new section, designated section one-e, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS
FOR
EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School" shall means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;
(b) "District" shall means county school district;
(c) "State board" shall means the West Virginia board of
education;
(d) "Board" shall means the county board of education;
(e) "State superintendent" shall means the state superintendent of free schools;
(f) "Superintendent" shall means the county superintendent
of schools;
(g) "Teacher" shall means teacher, supervisor, principal,
superintendent, public school librarian; registered professional
nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school
in this state;
(h) "Service personnel" shall means all nonteaching school
employees not included in the above definition of "teacher";
(i) "Regular full-time employee" shall means any person
employed by a county board of education who has a regular
position or job throughout his employment term, without regard to
hours or method of pay;
(j) "Stakeholders" means all those persons, entities and
organizations which have an interest in the education process,
including, but not limited to, the following: Employers and
employer organizations, post-secondary education institutions or
agencies, county boards of education, regional education service
agencies, local school improvement councils, locally elected officials, business associations, employees, labor organizations
or associations thereof, teachers, students, parents, community-
based organizations, rehabilitation agencies and organizations,
registered apprenticeship agencies, local vocational agencies,
economic development agencies, job training agencies and
organizations and employment agencies;
(k) "Career clusters" means broad groupings of related
occupations; and
(l) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity.
§18-1-4. Education improvement plan; "Goals for the Year
2000".
(a) The governor, the Legislature, the state board and the
people of West Virginia agree that the education of their
children is of utmost importance to the future well-being of the
state and that the purpose of enacting education laws and
providing funding to support a system of free schools is to
assure that all of our children have every opportunity to secure
an education which is thorough and is provided in an efficient
manner. The governor, the Legislature, the state board and the
people of West Virginia further agree that improvements are needed in the educational system of West Virginia if these
objectives are to be met.
(b) Therefore, the governor, the Legislature, the state
board and the people of West Virginia have established goals for
themselves which are measurable and achievable over a ten-year
period beginning in the year, one thousand nine hundred ninety,
to be accomplished through the combined efforts of the
government, the school system and the people through an increased
focus on the needs of children. These goals are that by the year
two thousand:
(1) All children entering the first grade will be ready for
the first grade;
(2) All students will have equal educational opportunity;
(3) Student performance on national measures of student
performance will equal or exceed national averages and the
performance of students falling in the lowest quartile will
improve by fifty percent;
(4) Ninety percent of ninth graders will graduate from high
school;
(5) High school graduates will be fully prepared for
college, other post-secondary education or gainful employment.
The number of high school graduates entering post-secondary education will increase by fifty percent; and
(6) All working age adults will be functionally literate.
The intent of the governor, and the Legislature and the
state board is to pursue the accomplishment of these goals
through strategies which focus on: (i) Early childhood
development; (ii) improving the quality of teaching; (iii)
technology and learning; (iv) helping at-risk students; (v) work
force preparation; and (vi) restructuring and accountability in
the educational system.
(c) The state board shall report progress toward meeting
and achieving the goals, as set forth in subsection (b) of this
section, to the governor and the Legislature at the beginning of
the legislative session in each of the next four years, beginning
in the year one thousand nine hundred ninety-seven, and shall
include in such report how the legislative priorities of the
board address attainment of the goals.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6. Classification and standardization of schools;
standards for degrees and diploma.
The state board shall make rules for the accreditation,
classification and standardization of all schools in the state,
except institutions of higher education, and shall determine the
minimum standards for the granting of diplomas and certificates of proficiency by those schools. Not later than the school year
one thousand nine hundred ninety--ninety-one, certificates of
proficiency including specific information regarding the
graduate's skills, competence and readiness for employment or
honors and advanced education shall be granted, along with the
diploma, to every eligible high school graduate.
No institution of less than collegiate or university status
may grant any diploma or certificate of proficiency on any basis
of work or merit below the minimum standards prescribed by the
state board.
No charter or other instrument containing the right to issue
diplomas or certificates of proficiency shall be granted by the
state of West Virginia to any institution or other associations
or organizations of less than collegiate or university status
within the state until the condition of granting or issuing such
diplomas or other certificates of proficiency has first been
approved in writing by the state board.
Notwithstanding any other provisions of this section to the
contrary, the requirement for granting certificates of
proficiency shall be replaced by the requirement that information
be provided on an electronic portfolio system established by the
state board pursuant to section eight, article two-e of this chapter and issued to every high school graduate by the
appropriate county board: Provided, That the requirements for
granting certificates of proficiency shall be continued until
such time as the electronic portfolio system has been made
available to the county boards.
ARTICLE 2E. HIGH QUALITY EDUCATION PROGRAMS.
§18-2E-4. Better schools accountability; school, school district
and statewide school report cards.
(a) For the purpose of providing information to the parents
of public school children and the general public on the quality
of education in the public schools which is uniform and
comparable between schools within and among the various school
districts, the state board shall prepare forms for school, school
district and statewide school report cards and shall promulgate
rules concerning the collection and reporting of data and the
preparation, printing and distribution of report cards under this
section. The forms shall provide for brief, concise reporting in
nontechnical language of required information. Any technical or
explanatory material a county board wishes to include shall be
contained in a separate appendix available to the general public
upon request.
(b) The school report cards shall include information as
shall be prescribed by lawfully promulgated rule by the state board to give the parents of students at the school and the
general public an indication of the quality of education at the
school and other programs supportive of community needs,
including, but not limited to, the following:
(1) The following Indicators of student performance at the
school in comparison with the county, state, regional and
national student performance, as applicable, including student
performance by grade level in the various subjects measured
pursuant to a uniform statewide assessment program adopted by the
state board; tested under the statewide testing of educational
progress program; school attendance rates; the percent of
students not promoted to next grade; and the graduation rate; ;
and student mobility (turnover shown as a percent of transfers
out and a percent of transfers in); and
(2) The following Indicators of school performance in
comparison with the aggregate of all other schools in the county
and the state, as applicable, including average class size;
percent of enrollments in courses in high school mathematics,
science, English and social science; amount of time per day
devoted to mathematics, science, English and social science at
middle, junior high and high school grade levels; percent of
enrollments in college preparatory, general education and vocational education programs; percentage distribution of
students by career cluster as indicated on the individualized
five-year education plans of students; pupil-teacher ratio;
number of exceptions to pupil-teacher ratio requested by the
county board and the number of exceptions granted; the number of
split-grade classrooms; pupil-administrator ratio; operating
expenditure per pupil; county expenditure by fund in graphic
display; and the average degree classification and years of
experience of the administrators and teachers at the school;
(3) The names of the members of the local school improvement
council, created pursuant to section two, article five-a of this
chapter; and
(4) The name or names of the business partner or partners of
the school.
(3) In addition, every county board of education shall
annually determine the number of administrators, classroom
teachers and service personnel employed that exceeds the number
allowed by the public school support plan and determine the
amount of salary supplements that would be available per state
authorized employee if all expenditures for the excess employees
were converted to annual salaries for state authorized
administrators, classroom teachers and service personnel within their county. The information shall be published annually in
each school report card of each such county.
(c) The school district report card shall include the data
for each school for each separately listed applicable indicator
and the aggregate of the data for all schools, as applicable, in
the county for each indicator. The statewide school report card
shall include the data for each county for each separately listed
indicator and the aggregate for all counties for each indicator.
(d) The report cards shall be prepared using actual local
school, county, state, regional and national data indicating the
present performance of the school and shall also include the
state norms and the upcoming year's targets for the school and
the county board.
The state board shall provide technical assistance to each
county board in preparing the school and school district report
cards.
Each school district county board shall prepare report cards
in accordance with the guidelines set forth in this section. The
school district report cards shall be presented at a regular
school board meeting subject to applicable notice requirements
and shall be made available to a newspaper of general circulation
serving the district. The school report cards shall be mailed directly to the parent or parents of any child enrolled in that
school. In addition, each county board shall submit the
completed report cards to the state board which shall make copies
available to any person requesting them.
The report cards shall be completed and disseminated prior
to the first day of January, one thousand nine hundred
eighty-nine, and in each year thereafter, and shall be based upon
information for the current school year, or for the most recent
school year for which the information is available, in which case
the year shall be clearly footnoted.
(e) In addition to the requirements of subsection (c) of
this section, the school district report card shall list: (1)
The names of the members of the district school county board, the
dates upon which their terms expire and whether they have
attended an orientation program for new members approved by the
state board and conducted by the West Virginia school board
association or other approved organizations, and other school
board member training programs; and (2) the names of the district
county school superintendent and every assistant and associate
superintendent and any training programs related to their area of
school administration which they have attended. The information
shall also be reported by district in the statewide school report card.
(f) The state board shall develop and implement a separate
report card for nontraditional public schools pursuant to the
appropriate provisions of this section to the extent practicable.
§18-2E-5. School accreditation; standards compliance board;
approval status; intervention to correct
impairments.
(a) The purpose of this section is to provide assurances
that a thorough and efficient system of education is being
provided for all West Virginia public school students on an equal
educational opportunity basis and that the high quality standards
are being met. A system for the review of school district
educational plans, performance-based accreditation and periodic,
random, unannounced on-site effectiveness reviews of district
educational systems, including individual schools within the
districts, shall provide assurances that the high quality
standards established pursuant to subsection (b) of in this
section, are being met. A performance-based accreditation system
shall provide assurances that the high quality standards,
established pursuant to subsection (c) of this section, are being
met.
(b) On or before the first day of January November, one
thousand nine hundred ninety-one six, the state board of education shall, in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code, establish and adopt
high quality educational standards in the following areas: of
curriculum, finance, transportation, special education,
facilities, administrative practices, training of school district
board members and administrators, personnel qualifications,
professional development and evaluation, student and school
performance, a code of conduct for students and employees and
other such areas as determined by the state board of education.
(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 and school performance;
(12) A code of conduct for students and employees; and
(13) Any other such areas as determined by the state board.
The standards established in the area of curriculum shall
assure that all graduates are prepared for gainful employment the
world of work or for continuing post-secondary education and
training and that schools and school districts are making
progress in achieving the education goals of the state. Each
school district shall submit an annual improvement plan designed
around locally identified needs showing how the educational
program of each school in the district will meet or exceed the
high quality standards.
A performance-based accreditation system shall be the only
statewide system used for accrediting or classifying the public
schools in West Virginia. The state board shall establish a
schedule and shall review each school within a district and each
school district county board of education for accreditation based
on information submitted to the board under the performance-based
accreditation system as set forth in subsection (c) of this
section.
(c) On or before the first day of July September, one
thousand nine hundred ninety-one ninety-six, the state board of
education shall, in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code, establish by rule a
system which measures the quality of education and preparation of students at performance of each school based on the following
measures of student and school performance, including, but not
limited to, the following: The acquisition of student
proficiencies as indicated by student performance by grade level
in the various subjects tested under the statewide testing of
educational progress program and other appropriate measures;
school attendance rates; the student dropout rate; the percent of
students promoted to next grade; and the number of waivers of the
promotion standard granted; the graduation rate; the average
class size; the pupil-teacher ratio; the number of exceptions to
pupil-teacher ratio requested by the county board and the number
of exceptions granted; the number of split-grade classrooms; the
percentage of graduating students entering post-secondary
education or training; the pupil-administrator ratio; parent
involvement; parent, teacher and student satisfaction; and
operating expenditures per pupil; under the statewide testing of
educational progress program and other appropriate measures;
school attendance rates; the student dropout rate; the percent of
students promoted to next grade; and the number of waivers of the
promotion standard granted; the graduation rate; the average
class size; the pupil-teacher ratio; the number of exceptions to
pupil-teacher ratio requested by the county board and the number of exceptions granted; the number of split-grade classrooms; the
percentage of graduating students entering post-secondary
education or training; the pupil-administrator ratio; parent
involvement; parent, teacher and student satisfaction; and
operating expenditures per pupil;
(1) The acquisition of student proficiencies as indicated by
student performance by grade level measured, where possible, by
a uniform statewide assessment program;
(2) School attendance rates;
(3) Student dropout rate;
(4) Percent of students promoted to next grade;
(5) Graduation rate;
(6) Average class size;
(7) Pupil-teacher ratio and number of exceptions to ratio
requested by county boards and number granted;
(8) Number of split-grade classrooms;
(9) Percentage of graduates who enrolled in college;
(10) Percentage of graduates who enrolled in other post-
secondary education;
(11) Percentage of graduates who become gainfully employed
within one year of high school graduation as reported by the
graduates on the assessment form attached to their individualized five-year education plan, pursuant to section eight of this
article and the percentage of graduates reporting;
(12) Pupil-administrator ratio;
(13) Parent involvement;
(14) Parent, teacher and student satisfaction;
(15) Operating expenditures per pupil;
(16) Percentage of graduates who attain the minimum level of
performance in the basic skills recognized by the state board as
laying the foundation for further learning and skill development
for success in college, other post-secondary education, and
gainful employment and the grade level distribution in which the
minimum level of performance was met;
(17) Percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
minimum foundation level of basic skills.
The state board annually shall review the information
submitted for each school and shall issue to every school: (i)
Full accreditation status; or (ii) probationary accreditation
status.
Full accreditation status shall be given to a school when
the school's performance on the above indicators is at a level which would be expected when all of the high quality educational
standards are being met. Probationary accreditation status shall
be given to a school when the measure of the school's performance
is below such level.
Whenever a school is given probationary accreditation
status, the district county board shall implement an improvement
plan which is designed to increase the performance of the school
to a full accreditation status level within one year.
(d) The state board of education shall establish and adopt
standards of performance 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. Whenever the state board of education determines
that the quality of education in a school is seriously impaired,
the state superintendent, with approval of the state board, shall
appoint a team of three improvement consultants to make
recommendations within sixty days of appointment for correction
of the impairment. Upon approval of the recommendations by the
state board, the recommendations shall be made to the district
county board of education. If progress in correcting the
impairment is not made within six months of receipt of the
recommendations, the state superintendent shall provide consultation and assistance to the district board to: (1)
Improve personnel management; (2) establish more efficient
financial management practices; (3) improve instructional
programs and rules; or (4) make such other improvements as may be
necessary to correct the impairment. If the impairment is not
corrected within one year of receipt of the recommendations, the
district shall be given probationary approval status or
nonapproval status.
(e) Whenever a school is given probationary status or is
determined to be seriously impaired and fails to improve its
status within one year, any student attending such 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.
(f) The state board of education shall issue one of the
following accreditation levels to each school district county
board of education: (1) Full approval; (2) conditional approval;
(3) probationary approval; or (4) nonapproval.
Full approval shall be given to a district board whose
educational system meets or exceeds all of the high quality
standards adopted by the state board and whose schools have all
been given full accreditation status. Full approval shall be for a period not to exceed four years.
Conditional approval shall be given to a district board
whose educational system meets at least ninety-five percent of
the high quality standards adopted by the state board and in
which at least ninety percent of the schools have been given full
accreditation status provided no school is seriously impaired.
Conditional approval shall be for a period not to exceed one
year: Provided, That for counties that have fewer than ten
schools, the state board of education may grant conditional
approval without regard to the ninety percent based on the total
quality of the county educational program.
Probationary approval shall be given to a district county
board of education whose educational system has met less than
ninety-five percent of the high quality standards, or which has
eleven percent or more schools in the district given probationary
status or serious impairment. Probationary approval is a warning
that the district board must make specified improvements. If the
number of schools in the district given probationary status is
not reduced to a number that would allow full accreditation to be
granted in the following year, the district board shall be
automatically given nonapproval. In addition, nonapproval shall
be given to a district county board of education which fails to submit an annual program plan or fails to demonstrate a
reasonable effort to meet the high quality standards. The state
board of education shall establish and adopt standards to
identify school districts in which the program may be nonapproved
or the state board may issue nonapproval status whenever
extraordinary circumstances exist as defined by the state board.
of education.
(g) Whenever nonapproval status is given to a district
county, the state board of education shall declare a state of
emergency in the district and may intervene in the operation of
the district to: (1) Limit the authority of the district county
superintendent and district county board of education 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 such other
areas as may be designated by the state board by rule; (2) take
such direct action as may be necessary to correct the impairment;
and (3) declare that the office of the district superintendent is
vacant.
(h) To assist the state board in determinations of the
accreditation status of schools and the approval status of school
districts under this section, the state board shall from time to time appoint an educational standards compliance review team to
make unannounced on-site reviews of the educational programs in
any school or school district in the state to assess compliance
of the school or district with the high quality standards adopted
by the state board, including, but not limited to, facilities,
administrative procedures, transportation, food services and the
audit of all matters relating to school finance, budgeting and
administration.
The teams shall be composed of not more than ten persons,
not more than half of whom may be members of or currently
employed by the state board, who possess the necessary knowledge,
skills and experience to make an accurate assessment of such
educational programs. The educational standards compliance team
shall report the findings of its on-site reviews to the state
board of education for inclusion in the determination of a
school's or district's accreditation or approval status as
applicable. The state board of education shall encourage the
sharing of information to improve school effectiveness among the
districts.
The state board shall make accreditation information
available to the Legislature, the governor, the general public
and to any individuals who request such information.
(i) The state board shall fully implement the accreditation
system established under this article for all schools on the
first day of July, one thousand nine hundred ninety-one, and may
pilot test the system prior to that date. The state board shall
adopt rules in accordance with the provisions of article three-b,
chapter twenty-nine-a of this code necessary to implement the
provisions of this article.
§18-2E-7. Providing for high quality basic skills development
and remediation in all public schools.
(a) The Legislature finds that teachers must be provided the
support, assistance and teaching tools necessary to meet
individual student instructional needs on a daily basis in a
classroom of students who differ in learning styles, learning
rates and in motivation to learn. The Legislature further finds
that attaining a solid foundation in the basic skills of reading,
composition and arithmetic is essential for advancement in higher
education, occupational and avocational pursuits and that
computers are an effective tool for the teacher in corrective,
remedial and enrichment activities. Therefore, the state board
shall develop a plan which specifies the resources to be used to
provide services to students in the earliest grade level and
moving upward as resources become available based on a plan
developed by each individual school team.
This plan must provide for standardization of computer
hardware and software, and for technology upgrade and
replacement, for the purposes of achieving economies of scale,
facilitating teacher training, permitting the comparison of
achievement of students in schools and counties utilizing the
hardware and software, and facilitating the repair of equipment
and ensuring appropriate utilization of the hardware and software
purchased for remediation and basic skills development.
The state board shall determine the computer hardware and
software specifications after input from practicing teachers at
the appropriate grade levels and with the assistance of
educational computer experts and the curriculum technology
resource center.
Computer hardware and software shall be purchased either
directly or through a lease-purchase arrangement pursuant to the
provisions of article three, chapter five-a of this code in the
amount equal to anticipated revenues being appropriated.
The state board shall develop and provide through the state
curriculum technology resource center a program to ensure
adequate teacher training, continuous teacher support and
updates.
To the extent practicable, such technology shall be utilized to enhance student access to learning tools and resources outside
of the normal school day, such as: Before and after school; in
the evenings, on weekends and during vacations; and for student
use for homework, remedial work, independent learning and career
planning.
(b) The Legislature finds that the continued implementation
of computer utilization under this section for high quality basic
skills development and remediation in the middle schools, junior
high schools and high schools is necessary to meet the goal that
high school graduates will be prepared fully for college, other
post-secondary education or gainful employment. Further, such
implementation should provide a technology infrastructure at the
middle schools, junior high schools and high schools that has
multiple applications in enabling students to achieve at higher
academic levels. The technology infrastructure should facilitate
development in the following areas:
(1) Basic computer skills such as word processing,
spreadsheets, data bases, the internet, telecommunications and
graphic presentations;
(2) Critical thinking and decision-making skills;
(3) The ability to apply academic knowledge in real life
situations through simulated workplace programs;
(4) A better understanding of the modern workplace
environment, particularly in remote areas of the state, by
bringing the workplace to the school;
(5) Informed career decisions based upon information from
labor markets;
(6) Methods for labor market access and the skills required
for success in various occupations;
(7) Information and assistance about college and other post-
secondary education opportunities and financial aid; and
(8) Necessary skills to make the transition from high school
to college, other post-secondary education or gainful employment.
Therefore, the state board shall extend the plan as set
forth in subsection (a) of this section, and consistent with the
terms and conditions in said subsection, address the findings of
this subsection regarding the continued implementation of
computer hardware and software in the middle schools, junior high
schools and high schools of the state.
§18-2E-8. Creating jobs through education.
(a) Findings and intent. -- The Legislature finds that the
governor, the Legislature, the state board and the people of West
Virginia established goals for education through an education
summit and series of town meetings in the summer of the year, one thousand nine hundred ninety, and that these goals were codified
in section four, article one of this chapter during the third
extraordinary session of the Legislature of that year. Among
these goals is the goal that high school graduates will be
prepared fully for college, other post-secondary education or
gainful employment and that the number of high school graduates
entering post-secondary education will increase by fifty percent.
The Legislature finds that this goal reflects a fundamental
belief that the result of a thorough and efficient system of free
schools is that the youth of the state exit the system equipped
with the skills, competencies and attributes necessary to
succeed, to continue learning throughout their lifetimes and to
attain economic self-sufficiency.
The Legislature further finds that the full preparation of
youth as indicated in these findings cannot be accomplished by
the school system alone, but requires the full and active
participation of all the stakeholders in the education process.
Therefore, the intent of this section is to establish a policy
framework and strategy for the state board in fulfilling its
responsibility for the general supervision of free schools in
order to encourage and utilize the active involvement of all
stakeholders as valuable partners in the formulation of rules and practices to achieve the goal that high school graduates will be
prepared fully for college, other post-secondary education or
gainful employment, particularly in the delivery of programs that
provide work-based learning opportunities for students within the
school or at the workplace. The Legislature recognizes that many
skilled jobs require education beyond the high school level, that
the goals of West Virginia include increased post-secondary
attendance and that the goals for post-secondary education as set
forth in section one-a, article one, chapter eighteen-b of this
code include an increased focus within higher education on
relevancy, responsiveness to business, industry, labor and
community needs, and on the current and future work force needs
of the state. Therefore, it is further the intent of this section
to enhance the linkages between secondary and post-secondary
education.
(b) Comprehensive goals for jobs through education. -- The
Legislature hereby establishes the following goals to be
accomplished by the year two thousand one for all students in all
schools:
(1) The elimination of student grouping or tracking systems
that result in high school students completing a general
curriculum that does not prepare them fully for college, other post-secondary education or gainful employment;
(2) The replacement of the general curriculum, as stated in
subdivision (1) of this subsection, with a system of career
clusters and education majors that increases the academic
expectations for all students, includes a system of career
information and guidance and incorporates structured work-based
learning;
(3) The requirement that every student, in consultation with
his or her parents and school advisor, establish an
individualized five-year education plan covering grades nine
through twelve and the first year beyond graduation from high
school;
(4) The active involvement of stakeholders at the state,
regional and local levels in assuring the full preparation of
graduates for college, other post-secondary education or gainful
employment;
(5) The creation of a process through which qualified
graduates will receive a portable credential that is recognized
and valued by employers as an indicator of the skills, competence
and readiness for employment of the graduates; and
(6) The implementation of continuous program assessment,
program improvement and staff development.
(c) Increased academic expectations and career development
for all students. -- The Legislature finds that there is a need
to establish higher academic expectations and career development
for all students and to meet this need it is necessary to
implement a comprehensive career development system that contains
the following elements:
(1) Assessment. -- The implementation of an assessment
program that measures student performance by grade level and
assesses student attainment of the basic academic foundation
skills;
(2) Focus on basic skills in kindergarten through fourth
grade. -- The strengthening and refocusing of kindergarten
through fourth grade in order to assure that all students perform
at grade level at the completion of the fourth grade by focusing
primarily on teaching the basics of reading, writing, mathematics
and computer skills;
(3) Development of rigorous curriculum. -- The development
and implementation of a rigorous and relevant curriculum of basic
academic requirements that lays a foundation for further learning
and skill development. The proficiencies of the students shall be
assessed at the end of the eighth grade and all students should
attain the basic academic requirement levels by no later than the end of the tenth grade;
(4) Career exploration in grades five through eight. -- The
exploration by students in the fifth through eighth grades of
their interests and abilities in career clusters through
accessing information about occupational skills and labor
markets;
(5) Creation and initial implementation of individual five-
year education plan for grades nine and ten. -- The creation, by
the end of the eighth grade, of the first two years of an
individualized five-year education plan that builds upon career
awareness and exploration activities in the earlier grades and
enables the student in consultation with his or parents and
school advisor to select a broad career cluster for further
exploration in grades nine and ten;
(6) Choosing career majors for grades eleven through post-
secondary. -- The creation of the second part of the
individualized five-year education plan by the end of the tenth
grade. The second part of the individualized five-year education
plan shall establish a career major for the final years of high
school and the first year after high school that will prepare the
student for college, other post-secondary education or gainful
employment;
(7) Implementation of career majors. -- The fulfillment of
the secondary education component of the career major in grades
eleven and twelve, including the successful completion of the
necessary curriculum and participation in work-based learning
experiences; and
(8) Completion of individualized five-year plan and
assessment. -- The completion of the individualized five-year
education plan in the first year following graduation from high
school by attending college, other post-secondary education or
securing gainful employment. The state board shall provide an
assessment form to be completed by the student and returned to
the high school upon the completion of the individualized five-
year education plan. The form shall provide for the student to
report his or her success in completing the fifth year of the
plan and the strengths and weaknesses of his or her education
preparation.
(d) Report of recommendation on comprehensive career
development
. -- To assist in the establishment of a comprehensive
career development system, the state school-to-work steering
committee shall report to the state board and the legislative
oversight commission on education accountability by the first day
of November, one thousand nine hundred ninety-six, the recommendations of the career guidance committee established
pursuant to the state school-to-work implementation plan.
(e) Guidelines for increasing the ability of all students to
meet higher academic expectations and become independent
learners. -- Practices that increase the academic expectations
for all students and help them to succeed in achieving those
higher expectations include, but are not limited to:
(1) Utilizing instructional methods that require the student
to be a worker who is actively engaged in the learning process;
(2) Utilizing methodologies that require students to apply
academic knowledge in practical situations and problem solving;
(3) Utilizing computers and other technologies to provide
opportunities for creative instruction, both individually and in
groups in all subjects;
(4) Providing structured opportunities for students to
participate in credit and noncredit learning activities outside
the school that are integrated with and are an extension of the
school-based program of study for the student through such
activities as field trips, job shadowing, community service,
entrepreneurship development, mentoring, internships,
apprenticeships, school-based enterprises in partnership with the
private sector and other cooperative learning experiences connected to student education majors and school-based
instructional programs;
(5) Integrating and interrelating academic and technical
content throughout the curriculum and ensuring numerous
opportunities for cross-disciplinary learning to emphasize the
importance of reading, writing, speaking, listening and viewing;
and
(6) Encouraging teachers to plan and work together and
exercise their professional judgment in the classroom.
(f) Establishing partnerships. -- As soon as practicable
following the effective date of this section, the governor shall
appoint or designate a "Jobs Through Education Employer Panel",
comprised of representative stakeholders to assure the high
quality preparation of our youth for college, other post-
secondary education or gainful employment. The jobs through
education employer panel shall advise and assist the state board,
the higher education governing boards and institutions, other
post-secondary education training programs and agencies and
employers in assuring that graduates are prepared fully for
further education and training or gainful employment and shall
perform other functions as set forth in this section. In
providing such advise and assistance and in the performance of such other functions, the jobs through employer panel shall
solicit input from the county steering committees.
As soon as practicable, following the effective date of this
section, county boards shall appoint a county steering committee
comprised of representative stakeholders to advise and assist the
county board in developing and implementing a system within the
county that meets the intent of this section and adheres to the
rules of the state board. The membership of the county steering
committee and participation in the community and technical
college district consortia committee, as created by section
three-a, article three, chapter eighteen-b of this code, shall be
coordinated to the extent that it is practical.
(g) Guidelines for work-based learning. -- Work-based
learning is a structured activity that correlates with and is
mutually supportive of school-based learning for the student, and
includes specific objectives to be mastered by the student as a
result of the activity. It is central to the education
preparation process to develop within the student an awareness of
the work environment and how the skills the student is acquiring
will be applied in that environment. Broadly defined, work-based
learning opportunities are activities that assist students to
gain an awareness of the workplace, develop an appreciation of the relevancy of academic subject matter to workplace performance
and gain valuable work experience and skills while exploring
their occupational interests and abilities. Incorporating work-
based learning as a central part of the education process and
also as a final step in the formal education process includes,
but is not limited to:
(1) Providing students in the early grades with activities
such as field trips, career-oriented speakers in the classroom,
courses such as junior achievement which are taught by volunteers
in the classroom, job shadowing and other such activities to
increase student awareness of the workplace; and
(2) Providing students in the later grades, including
college and other post-secondary education, with activities such
as structured community service, apprenticeships, internships,
clinical experiences, cooperative education and other work-site
placements, school-based enterprises, workplace simulations and
entrepreneurial development, that provide students with more
specific work experience in an occupational area associated with
their education major.
To the extent possible, student work-based learning, and
particularly workplace learning, should be jointly assessed by a
school-based educator or advisor and a work-based mentor who possesses the skills set forth in the work-based learning
objectives of the student, and who has been trained in mentoring
and assessing student performance.
(h) Special consideration for providing work-based learning
in counties with few opportunities for employment. -- Providing
work-based learning opportunities for all students in counties
with few employers will be particularly difficult. While the
following additional examples of ways to increase opportunities
for work-based learning are applicable for all counties, they are
most important in counties with few employers. Additional
examples include, but are not limited to:
(1) Computer software that simulates workplace situations
and problem solving;
(2) Interactive and other technology to bring an exposure to
the workplace into the classroom;
(3) Community service;
(4) Partnerships with city, state and county government for
work-based placements;
(5) Volunteer programs, such as junior achievement and other
programs that utilize volunteers trained to deliver work-related
instruction;
(6) Assumption of recordkeeping and other measures by the schools, or through the use of community-based organizations or
other intermediaries, that make it easier for small businesses to
participate in accepting students for workplace learning;
(7) Rural entrepreneurship through action learning programs;
(8) School-based enterprises;
(9) Projects through 4-H, scouts and other school and
nonschool student and civic organizations; and
(10) Multiple partnerships with existing employers, such as
hospitals that have multiple departments.
The state board shall make recommendations to the
Legislature by the first day of November, one thousand nine
hundred ninety-six, on any further actions that may be
appropriate to assist counties with few employers in providing
work-based learning opportunities for all students.
(i) Electronic portfolio of student accomplishments and
preparation. -- For the purpose of better documenting the
preparation of high school graduates for college, other post-
secondary education or gainful employment, the state board shall
develop an electronic portfolio which will be a permanent record
for every student. The electronic portfolio shall be issued by
the appropriate county board and shall include the
accomplishments of the student during his or her education preparation. Upon request, students shall receive the contents
of the electronic portfolio in written form. The electronic
portfolio shall include, but not be limited to:
(1) Documentation of attendance, grades, accomplishments,
education plans, education major interests, curriculum, special
activities, honors and advanced education and other items
appropriate for inclusion in the portfolio as determined by state
board rule;
(2) Documentation of special areas of interest and advanced
achievement for each student;
(3) Certification of student attainment of the minimum level
of proficiency in the basic skills that lays the foundation for
further learning and skill development for success in college,
other post-secondary education or gainful employment; and
(4) Certification of the skills, competence and readiness
for college, other post-secondary education or employment, as
indicated by: (i) College entrance tests; (ii) specialized
assessments that measure the attainment of necessary skills and
competencies required in the workplace; (iii) the attainment of
industry recognized credentials, licensure or certification; (iv)
the completion of nationally accredited technical education
programs; (v) performance in specialized learning experiences such as paid and unpaid structured work-based learning in the
private or public sectors, including, but not limited to,
registered youth apprenticeships, internships, cooperative
education, community service, entrepreneurship development, and
school-based enterprises in partnership with the private sector;
and (vi) other indicators relevant to the student's skills,
competence and readiness for college, other post-secondary
education or gainful employment.
(j) Guidelines for certification on the electronic portfolio
of student skills, competencies, and readiness for employment. --
The certification of student skills, competencies and readiness
for a particular industry or occupation to be included on the
electronic portfolio, including certification offered by an
institution of higher education or other job training program,
shall require the approval of an appropriate entity designated by
the jobs through education employer panel. Local education
agencies, institutions of higher education and other job training
programs desiring to issue such certification to meet local labor
market or community needs and circumstances may apply to the
panel for such approval. To the extent possible, such
certification shall provide the student with a proficiency
credential that is widely recognized and accepted within an industry or occupational area as a reliable indicator of the
ability of the student. The jobs through education employer panel
shall consult other established skill standards for use in
certifying proficiency in skills, competencies and readiness
within specific industries and occupations. The intent of these
provisions is to provide a formal mechanism for the ongoing
alignment of the certification of student skill, competency and
readiness with current minimum requirements for success in the
industry or occupational area for which the student is preparing,
including requirements which will be met through additional
education in college or other post-secondary education.
(k) Staff development. -- Meeting the intent and
objectives of this section will require a continued focus on
staff development to increase the ability of teachers and
administrators to employ various methodologies for strengthening
the rigor, content and relevance of the learning process and help
all students achieve at higher levels. Teachers and
administrators must know about workplace requirements to help
students internalize the relationship between learning in school
and success in the careers they envision for themselves in adult
life. The use of student assessment and program evaluation
information continually to check and improve the curriculum, instruction, school climate and school organization and
management, is critical to maintaining high quality instruction
that is relevant to changing workplace requirements. Staff
development opportunities shall include, but not be limited to:
(1) Designation by the state board of exemplary counties and
schools that have implemented comprehensive school-to-work
systems as model demonstration sites to be visited and observed;
(2) Collaboration and utilization of the resources of the
state department of education, institutions of higher education,
the center for professional development and county staff
development councils for both in-service and preservice
preparation programs;
(3) Teacher and business exchange programs that enable
teachers to gain exposure and experience in the workplace and
business persons to gain exposure and experience in the schools;
(4) Structured programs or institutes that take educators
into the workplace to observe the work environment and skills
necessary to perform work tasks; and
(5) Staff development activities which include participation
by college and other post-secondary faculty where appropriate.
(l) Study committee for staff development credits. -- There
is hereby created a study committee to make recommendations on the feasibility of, and the possible process for, crediting staff
development activities toward fulfilling the requirement for
renewal of certificates, pursuant to section three, article
three, chapter eighteen-a of this code, and the progression
through the state minimum salary schedule, pursuant to section
two, article four of said chapter. The committee shall consist
of the chancellor of the university of West Virginia board of
trustees, or a designee; the state superintendent, or a designee,
who shall serve as chair of the committee; a member of the state
board, to be selected by the state board; a representative of
West Virginia university to be selected by the president of the
university; a representative of Marshall university, to be
selected by the president of the university; a representative of
the West Virginia graduate college, to be selected by the
president of the college; two classroom teachers to be appointed
by the governor within thirty days of the effective date of this
section; and the director of the center for professional
development or a designee. Such committee shall report its
recommendations to the legislative oversight commission on
education accountability by the first day of January, one
thousand nine hundred ninety-seven.
(m) State board rule. -- On or before the first day of November, one thousand nine hundred ninety-six, the state board,
with advice from the jobs through education employer panel, and
in consultation with the higher education governing boards, shall
adopt a rule for the implementation of this section. The rule
shall allow flexibility for local variation to meet local
circumstances and shall establish a five-year plan for phased
implementation.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-4. State board to establish criteria for selecting
schools of excellence; annual school of excellence awards.
The state board of education shall promulgate rules, in
accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, outlining criteria for the
identification of schools of excellence. Such criteria shall
include, but not be limited to, improvement in student
achievement in comparison to state and national norms,
improvement in reducing drop-out rates, improvement in
standardized test scores, implementation of advanced or
innovative programs, implementation of the goals and purposes of
section eight, article two-e of this chapter, improvement in
parent and community involvement, improvement in parent, teacher
and student satisfaction, improvement in student attendance and
other factors which promote excellence in education. Such rules shall be promulgated by the first day of January, one thousand
nine hundred ninety-one. Such rules may not prohibit any school
from applying for consideration as a school of excellence.
Each year, the state board shall select one high school, one
middle or junior high school and one elementary school within
each regional educational service agency district, and one
vocational school selected on a statewide basis to be awarded
school of excellence status.
The rules promulgated by the state board shall outline
appropriate methods of recognizing and honoring the students,
teachers and other employees and parents or members of the school
community who have contributed to excellence in education at the
school.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 1. GENERAL PROVISIONS.
§§18A-1-1. Definitions.
The definitions contained in section one, article one,
chapter eighteen shall be applicable to this chapter. In
addition, the following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School personnel" shall means all personnel employed by
a county board of education 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" shall means persons who meet
the certification and/or licensing requirements of the state, and
shall include the professional educator and other professional
employees.
(c) "Professional educator" shall be synonymous with and
shall have 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" -- The professional educator who has
direct instructional or counseling relationship with pupils,
spending the majority of his time in this capacity.
(2) "Principal" -- The professional educator who as agent of
the board has responsibility for the supervision, management and
control of a school or schools within the guidelines established
by said board. The major area of such responsibility shall be
the general supervision of all the school and all school
activities involving pupils, teachers and other school personnel.
(3) "Supervisor" -- The professional educator who, whether
by this or other appropriate title, is responsible for working primarily in the field with professional and/or other personnel
in instructional and other school improvement.
(4) "Central office administrator" -- The 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
county-wide school system.
(d) "Other professional employee" shall means that person
from another profession who is properly licensed and is employed
to serve the public schools and shall include a registered
professional nurse, licensed by the West Virginia board of
examiners for registered professional nurses and employed by a
county board of education, who has completed either a two-year
(sixty-four semester hours) or a three-year (ninety-six semester
hours) nursing program.
(e) "Service personnel" shall 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-b, 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.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-2c. Training through the principals academy.
(a) Principal training required. -- After the first day of
January, one thousand nine hundred ninety-seven, and subject to the
provisions of subsection (c) of this section, every principal shall
complete a training program through the principals academy at least
once every four years.
(b) Admission to academy. -- The academy and the persons
attending such academy shall adhere to the following guidelines for
admission to the academy:
(1) All persons assigned as a principal for the first time in
a West Virginia school after the first day of March, one thousand
nine hundred ninety-six, shall complete training through the
academy: Provided, That if training through the academy is
scheduled to begin within ninety days from the date of assignment,
such person may complete the next scheduled training through the
academy;
(2) All principals of schools which are designated by the
state board as being on probationary status or as being seriously impaired, in accordance with section five, article two-e, chapter
eighteen of this code, shall complete the next regularly scheduled
training through the academy following the date of such
designation: Provided, That if training through the academy is
scheduled to begin within thirty days from the date of such
designation, such principal may complete the next scheduled
training through the academy;
(3) All principals who are subject to an improvement plan, in
accordance with section twelve, article two of this chapter, shall
complete the next regularly scheduled training through the academy:
Provided, That if training through the academy is scheduled to
begin within thirty days from the date the principal is first
subject to the improvement plan, then such principal may complete
the next scheduled training through the academy;
(4) All principals who transfer to a school with a
significantly different grade configuration shall complete the next
regularly scheduled training through the academy: Provided, That
if training through the academy is scheduled to begin within ninety
days from the date such principal is transferred, then such
principal may complete the next scheduled training through the
academy; and
(5) All persons serving as school principals who are not
described in paragraphs (1) through (4) of this subsection shall
complete training through the academy at least once every four
years from and after the first day of January, one thousand nine
hundred ninety-seven.
(c) Academy and attendance subject to funding. -- The
requirement that principals attend the academy shall be subject to
the availability of funds for the principals academy from
legislative appropriation or from other sources. If such funds are
insufficient to provide for the total cost of admission to the
academy for those required to complete training, then the academy
shall admit the persons described in subdivisions (1) through (5),
subsection (b) of this section according to the priority in which
the subdivisions appear in said subsection. If such funds are
insufficient to provide for the admission of all the persons
described in one or more of subdivisions (1) through (5),
subsection (b) of this section, the academy is authorized to
determine which persons described within the said 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 attend once every four years from and after the first day of January, one thousand nine hundred ninety-
seven.
(d) Principals standards advisory council. -- To assist the
state board in the performance of the duties described in
subsection (e) of this section, there is hereby created a
"Principals Standards Advisory Council", which shall consist of
nine persons, as follows: An employee of the center for
professional development, who shall serve as the chair; three
principals, one from an elementary school, one from a middle school
and one from a high school; one county school superintendent,
appointed by the governor; and four citizen representatives who are
knowledgeable on issues addressed in this section, appointed by the
governor. Of the initial appointments, three of the members
appointed shall serve for a term of three years, three members
shall serve for a term of two years, and three members shall serve
for a term of one year. All successive appointments shall be for
a term of three years. Members of the council who are public
employees shall be granted release time from their employment for
attending meetings of the council. Members shall be reimbursed for
reasonable and necessary expenses actually incurred in the
performance of their official duties by the center for professional development.
(e) 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 such rules after consultation with
the principals standards advisory council created in subsection (d)
of this section. The rule developed 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, to manage faculty and staff with courtesy and
mutual respect, coach and motivate employees and to 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) 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) Failure to comply. -- Any person who fails or refuses to
complete training through the academy, as required by the
provisions of this section, and who fails to obtain a waiver, as
described in subsection (g) of this section, shall be ineligible to
be employed as, or serve in the capacity of, a principal.
(h) 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) Payment of reasonable expenses and stipends. -- The center
for professional development shall reimburse persons attending the
academy for reasonable expenses. Additionally, any person whose
attendance occurs outside his or her employment term, as defined in
section fifteen, article five, chapter eighteen of this code, shall
be entitled to a stipend to be determined by the state board and to
be paid by the center for professional development.
ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.
§18A-3A-1.
Center for professional development continued; intent;
advisory council.
(a) Teaching is a profession that directly correlates to the
social and economic well-being of a society and its citizens.
Superior teaching is essential to a well educated and productive
populace. The intent of this article is to recognize the value of
professional involvement by experienced educators in building and
maintaining a superior teaching force and to establish avenues for
applying such involvement.
In furtherance of this intent, the center for professional
development is continued and reestablished. The general mission of
the center is to study matters relating to the quality of teaching and management in the schools of West Virginia and to promote the
implementation of programs and practices to assure the highest
quality in teaching and management. The center shall also perform
such duties as are assigned to it by law.
The center shall consist of nine persons as members: The
secretary of education and the arts, ex officio; the state
superintendent of schools, ex officio; one member of the state
board of education, elected by the state board; two experienced
educators, of whom one shall be a working classroom teacher,
appointed by the governor by and with the advice and consent of the
Senate; and four citizens of the state who are knowledgeable in
matters relevant to the issues addressed by the center appointed by
the governor by and with the advice and consent of the Senate. No
two appointees shall be residents within the same region. The
state superintendent of schools shall convene the first meeting of
the center to elect a chair, vice chair and secretary.
The election and appointment of members shall be made as soon
as possible after the effective date of this section. Of the
initial appointed members, three shall be appointed for two-year
terms and four shall be appointed for four-year terms. All
successive appointments shall be for four-year terms.
The center for professional development shall meet at least
quarterly and the appointed members shall be reimbursed for
reasonable and necessary expenses actually incurred in the
performance of their official duties from funds appropriated or
otherwise made available for such purposes upon submission of an
itemized statement therefor.
The center may employ and fix the compensation of an executive
director and such other persons as may be necessary to carry out
the mission and duties of the center. When practical, personnel
employed by state higher education agencies and state, regional and
county public education agencies shall be made available to the
center to assist in the operation of projects of limited duration.
The center shall contract with existing agencies or agencies
created after the effective date of this section or others to
provide training programs in the most efficient manner. Existing
programs currently based in agencies of the state shall be
continued in the agency of their origin unless the center
establishes a compelling need to transfer or cancel the existing
program. The center shall recommend to the governor the transfer
of funds to the providing agency, if needed, to provide programs
approved by the center.
(b) To assist the center for professional development in the
performance of its duties related to teacher education and
professional development, there is continued an advisory council on
professional development which shall consist of eleven persons as
follows: An employee of the center who shall chair the advisory
council; two shall be professors or associate or assistant
professors of teacher education, one from a public institution and
one from a private institution of higher education in this state
offering programs leading to certification to teach in the public
schools of this state; two county school superintendents, one of
whom shall be from a district with a student enrollment above the
statewide average and one of whom shall be from a district with a
student enrollment below the such average; two school principals,
one of whom shall be from a school including elementary grade
levels and one of whom shall be from a school including secondary
grade levels; and four professional instructional personnel, two of
whom shall be from a school including elementary grade levels and
two of whom shall be from a school including secondary grade
levels. To the extent possible, the principals and instructional
personnel shall be appointed from the members of county staff
development councils. Except for the employee of the center, the members shall be appointed jointly by the secretary of education
and the arts and the state superintendent for two-year terms which
overlap so that one member from each of the classes shall be
appointed in each successive year, except that two members from the
professional instructional personnel class shall be appointed in
each successive year. No two members of the council shall be from
the same college or university or school district. Members of the
council shall be granted release time from their employment for
attending meetings of the council.
Pursuant to the provisions of article ten, chapter four of
this code, the center for professional development and advisory
council shall continue to exist until the first day of July, two
thousand one.
(c) On or before the first day of January, one thousand nine
hundred ninety-seven, the center for professional development shall
develop and communicate to the state board a curriculum for the
principals academy. The curriculum shall be based upon the minimum
qualities, proficiencies and skills necessary for principals and
recommended by the state board, pursuant to the terms of section
two-c, article three of this chapter.
(d) In accordance with section two-c, article three of this chapter, the center shall be responsible for paying reasonable
expenses and any stipends for persons attending the principals
academy.
§18A-3A-2b. The principals academy.
There is hereby established within the center for professional
development the "Principals Academy". Training through the
principals academy shall include at least the following:
(a) 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;
(b) Intensive summer training institutes; and
(c) Specialized training and professional development programs
for all principals, with special programs for the following
principals:
(1) Newly appointed principals;
(2) Principals of schools designated by the state board as on
probation or as seriously impaired; and
(3) Principals subject to improvement plans.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1e. Public education and higher education collaboration
for the preparation of students for college and other post-
secondary education.
(a) Purpose. -- The purpose of this section is as follows:
(1) To assist students in the planning and preparation for
success in college and other post-secondary education if their
education major interests require such formal education after high
school;
(2) To establish the minimum expected level of knowledge,
skill and competency a student must possess to be prepared fully
for college and other post-secondary education at state
institutions of higher education;
(3) To implement a method for communicating the minimum level
of knowledge, skill and competency to students, parents, educators
and counselors in the public schools, and admissions officers,
advisors and faculty in the higher education institutions; and
(4) To assure that the teacher preparation programs in state
institutions of higher education prepare educators to, at a
minimum, deliver instruction necessary to prepare students fully
for college and other post-secondary education, and which meet the
goals of section eight, article two-e, chapter eighteen of this
code.
(b) Joint rule. -- On or before the first day of October, one
thousand nine hundred ninety-six, the higher education governing
boards shall promulgate a joint rule to achieve the purposes of
subsection (a) of this section. In the development of such rule,
the governing boards shall consult with the state board and the
jobs through education employer panel, established pursuant to
section eight, article two-e, chapter eighteen of this code, and
shall collaborate with the state board in the establishment of
compatible practices within their separate systems.
(c) Assessment of student readiness. -- To provide continuous
assessment and program improvement in the preparation of high
school students for success in college or other post-secondary
education, the higher education governing boards shall communicate
to the state board and the legislative oversight commission on
education accountability by the first day of December in each year,
beginning in December, one thousand nine hundred ninety-seven, or
as soon thereafter as the establishment of an electronic portfolio
system permits, the number of graduates from the public schools in
the state by high schools who were accepted in the last calendar
year for enrollment at each of the state institutions of higher
education within one year of graduation, whose electronic portfolio indicated readiness for college or other post-secondary education,
and whose knowledge, skill and competency were below the minimum
expected levels for full preparation as defined by the governing
boards. The governing boards also shall report the areas in which
the knowledge, skill and competency of the students were below the
minimum expected level. The state board shall provide information
to each of the high schools of the state for graduates from the
high school.
(NOTE: The purpose of this bill is to create jobs through
education. The bill requires the state board to report progress
toward attaining the "Goals for the Year 2000" and replaces
certificates of proficiency with an electronic portfolio system.
The bill also adds additional school accreditation and education
standards, provides for high quality basic skills development and
remediation in all public schools; calls for using technology in
middle schools, junior high schools, and high schools, states the
comprehensive goals for jobs through education, raises academic
expectations and increases opportunities for career development for
all students. It provides for the state board to develop a method
of assessing student performance by grade level, calls for focusing
on the basics of reading, writing, math, and computer skills in
kindergarten through fourth grade, calls for development of a
rigorous curriculum and the opportunity for students to explore
career options. The bill requires that each student develop and
implement an individualized five-year education plan and choose a
career major. The state School-To-Work steering committee is
directed to make its report on career counseling available to the
Legislature and LOCEA. The bill also provides for increasing the
ability of all students to meet higher academic expectations and
become independent learners. The bill calls for establishing partnerships, for creating guidelines for work-based learning, for
creating work-based opportunities in rural areas, and for creating
guidelines to certify student skills, competencies, and readiness
for employment on the electronic portfolio. The bill addresses
staff development, requires the State Board to adopt a rule
implementing the new provisions, and establishes additional
criteria for selecting schools of excellence. The bill requires
that all principals receive training through the principals academy
and creates the "Principals Standards Advisory Council." The bill
requires public education and higher education to collaborate for
the preparation of students for college and other post-secondary
education and requires the higher education governing boards to
promulgate a joint rule.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§18-2E-8, 18A-3-2c, 18A-3A-2b, and 18B-1-1e are new;
therefore, strike-throughs and underscoring have been omitted.)