H. B. 2173
(By Delegate Gillespie)
[Introduced January 14, 1998; referred to the
Committee on Education.]
A BILL to repeal section eight, article two-e, chapter eighteen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, to repeal section two-c, article
three, chapter eighteen-a of said code; to repeal section
two-b, article three-a of said chapter; to repeal section
one-e, article one, chapter eighteen-b of said code; to
amend and reenact section one, article one, chapter eighteen
of said code; to amend and reenact sections five and seven,
article two-e of said chapter; to amend and reenact section
four, article five-a of said chapter; to amend and reenact
section one, article one, chapter eighteen-a; and to amend
and reenact section one, article three-a of said chapter,
all relating to repealing those sections of the code
enacting the "Jobs Through Education Act of 1996;" repealing requirements that students develop and implement student
transition plans and choose career majors; repealing
establishment of work-based learning; and repealing creation
of the Principals' Academy.
Be it enacted by the Legislature of West Virginia:
That section eight, article two-e, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that section two-c, article three, chapter
eighteen-a be repealed; that section two-b, article three-a of
said chapter be repealed; that section one-e, article one,
chapter eighteen-b be repealed; that section one, article one,
chapter eighteen of said code be amended and reenacted; that
sections five and seven, article two-e of said chapter be amended
and reenacted; that section four, article five-a of said chapter
be amended and reenacted; that section one, article one, chapter
eighteen-a be amended and reenacted; and that section one,
article three-a of said chapter be amended and reenacted, 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" means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia board of
education;
(d) "Board" means the county board of education;
(e) "State superintendent" means the state superintendent
of free schools;
(f) "Superintendent" means the county superintendent of
schools;
(g) "Teacher" 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" means all nonteaching school
employees not included in the above definition of "teacher";
(i) "Regular full-time employee" 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) "Career clusters" mean broad groupings of related
occupations;
(k) "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;
(l) (j) "School-age juveniles" means any individual who is
entitled to attend or who, if not placed in a residential
facility, would be entitled to attend public schools, in
accordance with: (1) Section five, article two of this chapter;
(2) sections fifteen and eighteen, article five of this chapter;
or (3) section one, article twenty of this chapter; and
(m) (k) "Student with a disability" means an exceptional
child, other than gifted, pursuant to section one, article twenty
of this chapter.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§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
education opportunity basis and that the high quality standards
are being met. A system for the review of school district
education plans, performance-based accreditation and periodic,
random, unannounced on-site effectiveness reviews of district
education systems, including individual schools within the
districts, shall provide assurances that the high quality
standards established in this section are being met.
(b) On or before the first day of November, one thousand
nine hundred ninety-six, the state board shall, in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code, establish and adopt high quality education standards
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 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 shall assure that all graduates are prepared
for gainful employment or for continuing postsecondary 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 education 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
county board 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 September, one thousand
nine hundred ninety-six, the state board 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 each school based on measures of student and school performance, including, but not
limited to, the following:
(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; the
percentage of graduates who enrolled in other postsecondary
education; and the percentage of graduates who become fully
employed within one year of high school graduation; all as
reported by the graduates on the assessment form attached to
their individualized student transition plan, pursuant to section
eight of this article and the percentage of graduates reporting;
(10) Pupil-administrator ratio;
(11) Parent involvement;
(12) Parent, teacher and student satisfaction;
(13) Operating expenditures per pupil;
(14) 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 postsecondary education and gainful
employment and the grade level distribution in which the minimum
level of performance was met; and
(15) Percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other postsecondary 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 education
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 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 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 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 county board. 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 county 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 the school may
transfer once to the nearest fully accredited school, subject to
approval of the fully accredited school and at the expense of the
school from which the student transferred.
(f) The state board shall issue one of the following
accreditation levels to each county board: (1) Full approval;
(2) conditional approval; (3) probationary approval; or (4)
nonapproval.
Full approval shall be given to a county board whose
education 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 county board whose
education 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 may grant conditional approval without regard to the ninety percent based on the total quality of the
county education program.
Probationary approval shall be given to a county board whose
education 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 county
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 county board shall be automatically given
nonapproval. In addition, nonapproval shall be given to a county
board which fails to submit an annual program plan or fails to
demonstrate a reasonable effort to meet the high quality
standards. The state board 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.
(g) Whenever nonapproval status is given to a county, the
state board 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 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 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 county
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 education standards compliance review team to
make unannounced on-site reviews of the education 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 the
education programs. The education standards compliance team shall report the findings of its on-site reviews to the state
board for inclusion in the determination of a school's or
district's accreditation or approval status as applicable. The
state board 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 the 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 education
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:
Provided, That nothing in this section shall be construed to
require any specific level of funding by the Legislature.
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 and adult basic education.
(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 student development in the following areas:
(1) Attaining basic computer skills such as word processing,
spreadsheets, data bases, internet usage, telecommunications and
graphic presentations;
(2) Learning critical thinking and decision-making skills;
(3) Applying academic knowledge in real life situations
through simulated workplace programs;
(4) Understanding the modern workplace environment,
particularly in remote areas of the state, by bringing the
workplace to the school;
(5) Making informed career decisions based upon information
on labor markets and the skills required for success in various
occupations;
(6) Gaining access to labor markets and job placement;
(7) Obtaining information and assistance about college and
other post-secondary education opportunities and financial aid;
and
(8) Other uses for acquiring the necessary skills and
information to make a smooth 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, to address the findings of this subsection regarding the continued implementation of
computer hardware and software, and technical planning support in
the middle schools, junior high schools and high schools of the
state.
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
jobs through education as provided in 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" 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" 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 the board. The major area of such
responsibility shall be the general supervision of all the
schools 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" 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" 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) (f) "Center for professional development" means the center created pursuant to section one, article three-a of this
chapter.
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 the 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 the 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 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
and necessary expenses and any stipends for persons attending the
principals academy: Provided, That nothing in this section shall
be construed to require any specific level of funding by the
Legislature.
NOTE: The purpose of this bill is to repeal those sections
of the code enacting the "Jobs Through Education Act"
(SB300RS96). The bill repeals legislative findings, requirements
that student transition plans and choose career majors; and
repeals references to work based learning. The bill also repeals
creation of the Principals' Academy.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.