H. B. 3111
(By Delegates Spencer (By Request)
and Webb (By Request))
[Introduced March 30, 2001; referred to the
Committee on Education then Finance.]
A BILL to amend article two-d, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto two new sections, designated sections three-a
and three-b; and to amend and reenact sections three and four
of said article, all relating to providing for the creation
and establishment of school-based community centers to operate
independently of the state board of education and county
school boards; findings and conclusions by Legislature
concerning need for school-based community centers;
authorizing county commissions to appoint board of directors
for school-based community centers; composition of board
members; simple majority of board constitutes a quorum;
requirement that boards cooperate and collaborate with
governmental agencies; requirement that each board obtain
survey results to determine needs; authorizing each board to
participate in Americorps project and to apply for Americorps site grants; authorizing each board to decide how funds are to
be dispersed; granting each board discretion in determining
fund-raising methods; requiring school boards and schools to
cooperate in funding efforts; requiring school boards and
schools to cooperate in providing space for school-based
community center activities; affording school-based community
centers tax exempt status under the United States internal
revenue code; requiring school-based community centers to
cooperate with the state board of education, county school
boards of education and schools; providing the Elk Elementary
school-based community center pilot program is designated
"lead site" and headquarters for all school-based community
centers and allowing it to offer consultation services to
school-based community centers; providing that school-based
community centers may be established upon petition to the
county commission; and providing that it is not the
responsibility of any county board of education to coordinate
or regulate any school-based community center program.
Be it enacted by the Legislature of West Virginia:
That article two-d, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto two new sections, designated sections
three-a and three-b; and that sections three and four of said
article be amended and reenacted, all to read as follows:
ARTICLE 2D. COMMUNITY EDUCATION.
§18-2D-3.
Implementation and operation of programs; school-based
community centers authorized on independent basis.
(a) The state board of education shall promote the
implementation and operation of community education programs
throughout the state, and shall, by rules and regulations
promulgated pursuant to the provisions of chapter twenty-nine-a of
this code, provide for the government and supervision of such
programs.
(b) The Legislature hereby authorizes the establishment and
creation of school-based community centers to operate in a
financially independent manner relative to the state board of
education and to any county board of education.
§18-2D-3a.
School-based community centers.
(a) The Legislature finds and concludes that under current
operating procedures county funding is not available for a host of
important and necessary functions and needs which are inextricably
associated with primary and secondary education in this state.
These functions and needs include, but are not limited to: (1)
Copy machine and paper supplies; (2) enrichment programs; (3)
tutoring; (4) special presentations; (5) field trips for
underprivileged children; (6) childcare services before and after
school, holidays, faculty senate days, snow days and during
nontraditional hours; (7) teen youth programs; (8) infant and toddler care; (9) community outreach programs; (10) building
equipment and supplies; (11) grant writing staff; and (12)
community service assistance.
The Legislature further finds and concludes that the state
board of education, county boards of education, and the particular
schools that operate under the auspices of the respective boards
should welcome the establishment of school-based community centers
inasmuch as these centers will enhance the learning environment and
opportunities that children need.
(b) Each county commission may appoint a board to oversee the
operation of a school-based community center authorized by this
article. The appointments, if made, shall be for three year terms
and shall be comprised as follows: (1) One representative from the
county school system who is the building administrator for the
school wherein the center is to be based; (2) three representatives
who are each a parent of a child or children in attendance at the
particular school site wherein the school-based community center is
housed; (3) one representative of any day care operation housed at
any community-based center authorized by this article; (4) four
representatives from local civic or social agencies; (5) a
representative from the local department of health and human
services office; and (6) a lead staff member that operates and
manages the particular school-based community center.
(c) Each board shall vote on the issues that come before it and a simple majority shall comprise a quorum needed to conduct
business. Each board is required to collaborate and cooperate with
governmental agencies, including municipal, county, state, and
federal entities. Programs will be initiated in response to need
and community input. Each board shall obtain survey results which
shall be used to determine what needs exist relative to the
particular school-based community center it represents. Each
program may participate in the Americorps project in collaboration
with the nearest Americorps site. Each board has the discretion to
determine whether to apply for Americorps site grants. Each board
will decide how funds are to be dispersed and expended. Each board
shall have discretion in determining lawful methods to raise
finances to fund the activities of school-based community centers
and may seek grants. To the extent reasonably practicable, county
school boards and schools wherein the school-based community
centers are housed shall cooperate in funding efforts, including
allowing the centers to operate concessions at sporting or other
school events and to otherwise engage in lawful methods of
fund-raising on school and county board of education property.
They shall also cooperate to the extent reasonably practicable in
providing adequate space on the premises so that a community center
may conduct and provide daycare services, tutoring or mentoring
activities, educational activities, sporting activities and special
guest presentations.
(d) School-based community centers shall be housed in the
particular public schools represented by the school-based community
centers. Each school-based community center shall be afforded tax
exempt status pursuant to the United States Internal Revenue Code,
Title 26 §501 (c)(3).
(e) School-based community centers are required to cooperate
with county school boards and the schools in which they operate in
activities involving scheduling, the dispensation of services and
fund-raising, as well as any other activities in which they are
substantially involved that requires such cooperation.
School-based community centers shall also collaborate and cooperate
with the state board of education or parent-teacher organizations,
when called upon to do so.
§18-2D-3b. Elk Elementary school-based community center pilot
program designated "lead site" and headquarters for
all school-based community centers.
The Elk Elementary school-based community center pilot
program, located in Kanawha County, shall be the lead site and
headquarters for all school-based community centers created under
the provisions of this article. As such it may offer consultation
services for any other center in: (a) Developing fund-raising
methods; (b) writing grants; (c) developing services and activities
relevant to primary and secondary education in this state; and (d)
all other activities considered necessary and beneficial to the legitimate goals and aims of any school-based community center
program.
§18-2D-4.
County boards of education authorized to participate;
school-based community center program establishment.
(a) Each county board of education in this state is hereby
authorized, but not obligated, to coordinate a community education
program within its county.
(b) School-based community center programs may be established
at a particular school when at least ten adult members, with
school-aged children attending the school in the community,
petition the county commission in the county in which the community
exists to authorize the establishment of the program. It shall not
be the responsibility of any county board of education to
coordinate or regulate any program. It shall be the responsibility
of the county board of education, however, to participate in
determining activities and policy through representation of the
board's building administrator as a board member on the board of
directors of a school-based community center.
NOTE:
The purpose of this bill is to provide for the creation
and establishment of school-based community centers to operate
independently of the state board of education and county school
boards. The bill sets forth findings and conclusions by the
Legislature concerning the need for school-based community centers.
It authorizes county commissions to appoint boards of directors for
school-based community centers while setting forth the composition
requirements of board members. The bill also provides that a
simple majority of a board constitutes a quorum while setting
forth the requirement that boards cooperate and collaborate with governmental agencies. Additionally, the bill includes the
following provisions: (1) A requirement that each board obtain
survey results to determine needs; (2) authorization for each board
to participate in an Americorps project and to apply for Americorps
site grants; (3) authorization for each board to decide how funds
are to be dispersed; (4) granting each board discretion in
determining fund-raising methods; (5) requiring school boards and
schools to cooperate in funding efforts with school-based community
centers; (6) requiring school boards and schools to cooperate in
providing space for school-based community center activities; (7)
affording school-based community centers tax exempt status under
the United States internal revenue code; (8) requiring school-based
community centers to cooperate with the state board of education,
county school boards of education and schools; (9) providing that
the Elk Elementary school-based community center pilot program is
designated a "lead site" and headquarters for all school-based
community centers and allowing it to offer consultation services to
school-based community centers; (10) providing that school-based
community centers may be established upon petition to the county
commission; and (11) providing that it is not the responsibility of
any county board of education to coordinate or regulate any
school-based community center program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§18-2D-3a and 3b are new; therefore, strike-throughs and
underscoring have been omitted.