ENROLLED
H. B. 4319
(By Fahey, Morgan, Perry, Shelton, Paxton,
Harrison and
Canterbury)
[Passed March 6, 2002; in effect July 1, 2002.]
AN ACT to amend and reenact sections five-a, twenty-three-a and
twenty-six, article two, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; to further amend said article by adding thereto a
new section, designated section five-e; to amend and reenact
sections five and nine, article two-e of said chapter; to
further amend said article by adding thereto a new section,
designated section five-c; to amend and reenact sections
one, three and four, article two-i of said chapter; to amend
and reenact section eighteen-b, article five of said
chapter; to amend article twenty of said chapter by adding
thereto a new section, designated section one-d; to amend
and reenact section twelve, article two, chapter eighteen-a
of said code; to amend and reenact sections one and two-c,
article three of said chapter; to amend and reenact sections one, two and two-b, article three-a of said chapter; and to
amend and reenact section nine, article three-b, chapter
twenty-nine-a of said code, all relating to education
generally; the process for improving education; filing
copies of proposed state board of education rules with the
legislative oversight commission on education
accountability; higher education participation in
development of public education assessments; requiring
public institutions of higher education to include plans for
using data in compacts after a certain date; specifying
possible uses of data; improving the quality, coordination
and efficiency of professional staff development in the
public schools; changing the process, parties and time frame
for state board establishment of professional staff
development goals and master plan for professional staff
development; establishing first priority for goals; adding
state institutions of higher education to list of agencies
to receive master plan for professional staff development;
providing for periodic amendments to plan; establishing
legislative intent for regional educational service
agencies; definition; refocusing agencies' programs and
services using performance based accountability model;
setting forth legislative purpose in establishing agencies;
establishing priorities for agencies' programs and services; requiring state board to promulgate rules by a certain date
for effective administration and operation of agencies;
prohibiting delegation of state board's constitutional
authority for the general supervision of schools to the
agencies; providing for discretion in certain programs;
providing for selection of staff; prohibiting certain
personnel changes before certain date; providing for
appointment of regional councils; requiring state board to
establish statewide standards for service delivery by
agencies; providing for amendments to standards; providing
for establishment of procedures for financial operation of
agencies; requiring state board to establish by rule
procedures for agencies to acquire and hold real property;
providing for establishment of agency service areas and
requiring each county to be a member of the agency in its
geographical area; removing authority for agency board to
implement regional programs and services by a majority vote
of its board of directors; clarifying submission of agency
reports and evaluations; prohibiting a member of a county
board from being an employee of an agency; requiring agency
executive director to attend annually at least one meeting
of each member county board within the service area; making
certain findings with respect to process for improving
education; adding progress to the criteria for school accreditation and school system approval; delineating
authority and responsibility of state board and Legislature
in process for improving education; further specifying
intent; requiring state board to promulgate rules specifying
that unified school improvement plans are to contain other
required plans to extent permitted by law; eliminating
certain performance standards and clarifying or
strengthening others; strengthening purposes of system;
providing for additional state and regional agencies to be
used for early detection and intervention in low performing
schools; requiring process for accrediting schools and
school systems to focus on measurable criteria related to
student performance and progress; specifying recommendations
to be made to process for improving education council;
expanding purposes of office of education performance
audits; requiring development of reporting formats for
certain information, specifying their use and providing
penalty for intentional or grossly negligent reporting of
false information; establishing relationship of audit with
other required reviews and inspections and prohibiting
duplication and more stringent compliance measures;
providing for five school-day notice of on-site review;
authorizing unannounced on-site reviews under certain
circumstances; authorizing on-site reviews of limited scope; providing for state board designation of certain expert
persons to participate in on-site audits, lead teams and
complete reports; revising process for appointment of team
to assist person or persons designated by state board to
participate in on-site review; requiring office of education
performance audits to reimburse substitute expense;
providing for exit conferences for on-site reviews;
specifying time limit for submitting reports of on-site
reviews; requiring copies of on-site reports to be provided
to process for improving education council; providing for
schools and school systems to remain on full accreditation
or approval for certain period if certain conditions are
met; including process for improving education council as an
appropriate body for receipt of certain reports on capacity
building; including principals academy as potential staff
development provider to build capacity; authorizing state
board to make determinations on continuing school monitor
and to intervene in operation of school or school system at
any time under certain limited circumstances; specifying
certain types of intervention; specifying process for
replacing a school principal; limiting actions of county
board that would further impair a low performing school;
authorizing state board to appoint a monitor for a school
after the state board intervention period has been completed; authorizing state board to delegate certain
powers and duties to state superintendent; adding an
additional condition when state board intervention in
operation of school system is authorized; establishing
process for improving education council; providing for
membership, reimbursement of expenses, and powers of
council; designating governor to convene meetings and serve
as council chair; requiring state board to notify council
members of proposed changes to certain state board rules;
providing for certain members of council to request governor
to call meetings; requiring state board or its designees to
meet and consult with council; authorizing council members
and staff to participate as observers in on-site reviews of
schools or school systems; exempting approved virtual and
distance learning courses of West Virginia virtual school
from mandatory use of primary source instructional materials
listed on state multiple list subject to certain
requirements; making West Virginia professional staff
development advisory council an advisory council to the
state board; reducing the number of members on the council;
revising purpose and functions; providing that members may
be reimbursed for expenses by the state board; providing for
a council chair; authorizing state board to promulgate a
rule adopting the national standards for school counseling programs; requiring county boards to provide training to
implement the rule to the extent funding is available;
requiring state board to adopt basic model for
individualized education programs for exceptional students
not to exceed federal laws, policies, rules and regulations;
providing that professional educators may not be required to
prepare and/or implement an individualized education program
which exceeds requirements of federal and state laws,
policies, rules or regulations; allowing less frequent
evaluations for certain professional personnel; providing
that classroom teachers may request more frequent
evaluations; providing that evaluations serve as basis to
improve personnel performance; requiring that personnel
demonstrate competence on state board adopted technology
standards and providing for an improvement plan for those
who cannot demonstrate such competence; directing that
lesson plans may not be used as a substitute for
observations in the performance evaluation process nor for
the performance audit documentation; directing that lesson
plans may not be required to include certain nonessential
items; directing that classroom teachers may not be required
to keep records of routine contacts with parents or
guardians; replacing outdated references to the college and
university system boards and adding chancellor of higher education policy commission; requiring training and
professional development through the principals academy to
be specifically designed for the principals required to
attend; establishing priority order for principals to attend
the academy; requiring that training be completed within
twelve months, except in the cases of principals whose
schools are seriously impaired; requiring center for
professional development to provide for all principals to
attend the academy at least once every six years subject to
available funding; requiring that members of the principals
standards advisory council be selected by their relevant
constituency organizations; reconstituting the membership on
a certain date; requiring the center for professional
development to reimburse the expenses of persons attending
the academy; removing authorization to pay a stipend to
persons who attend the academy outside of their employment
term; prohibiting requiring persons to complete training and
professional development through the academy at certain
times; requiring the center for professional development to
use alternative methods of scheduling and instructional
delivery to minimize time principals are away from school
duties; expanding general mission of center for professional
development to include assistance and support to regional
and local education agencies in identifying and providing programs to meet local needs; establishing term limit for
certain board members; requiring educators serving on center
for professional development board be experienced educators
with recognized knowledge, ability and performance in
teaching or management; requiring that one of the three
citizen members on the board be a representative of public
higher education; providing for co-chairs of the center for
professional development; making the executive director of
center for professional development a will and pleasure
employee of center for professional development board;
directing executive director to chair the principals
standards advisory council; requiring professional
development project to cooperate and coordinate with the
institutions of higher education to provide programs to aid
teachers in meeting the requirements for additional
endorsements; providing for the state board to certify
certain professional staff development courses provided by
center for professional development to meet the requirements
if no agreement with higher education is reached; removing
authorization for summer institutes in the principals
academy and listing priorities for principal training;
clarifying procedures for state board to file rules with
legislative oversight commission on education
accountability; and authorizing legislative oversight commission on education accountability to make
recommendations to the state board and the Legislature
regarding rules.
Be it enacted by the Legislature of West Virginia:
That sections five-a, twenty-three-a and twenty-six, article
two, chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted;
that said article be further amended by adding thereto a new
section, designated section five-e; that sections five and nine,
article two-e of said chapter be amended and reenacted; that said
article be further amended by adding thereto a new section,
designated section five-c; that sections one, three and four,
article two-i of said chapter be amended and reenacted; that
section eighteen-b, article five of said chapter be amended and
reenacted; that article twenty of said chapter be further amended
by adding thereto a new section, designated section one-d; that
section twelve, article two, chapter eighteen-a of said code be
amended and reenacted; that sections one and two-c, article three
of said chapter be amended and reenacted; that sections one, two
and two-b, article three-a of said chapter be amended and
reenacted; and that section nine, article three-b, chapter
twenty-nine-a of said code be amended and reenacted, all to read
as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5a. Board rules to be filed with Legislature.
The state board of education shall file twenty copies of any
rule that it proposes to promulgate, adopt, amend or repeal under
the authority of the constitution or of this code with the
legislative oversight commission on education accountability
pursuant to article three-b, chapter twenty-nine-a of this code.
"Rule," as used herein, means a regulation, standard, statement
of policy, or interpretation of general application and future
effect.
§18-2-5e. Higher education participation in development and use
of public education assessments.
(a) It is the duty of the state board to consult with the
duly selected representatives of public higher education
appointed pursuant to subsection (b) of this section and to make
full use of their expertise when developing assessment
instruments to be administered in the public schools. Among
other things, the higher education representatives shall assist
the state board in assuring that assessment instruments provide
meaningful data to be used by higher education pursuant to
subsection (c) of this section.
(b) The chancellor of the higher education policy commission
shall appoint appropriate representatives from the system of
public higher education to participate in the development of any assessment instruments required by rules of the state board to be
administered in grades nine through twelve of the public schools
of this state. It is the responsibility of these higher
education representatives to assist the state board in developing
assessments that test the knowledge and skills needed for success
in postsecondary education.
(c) Not later than the school year beginning in two thousand
five, the higher education policy commission shall require that
each institution's compact, as set forth in section two, article
one-b, chapter eighteen-b of this code, includes provisions for
incorporating the data generated by public education assessments
into their decision making processes. The use of the data may
include, but is not limited to, consideration as a factor in
admission to postsecondary education, college placement, or
determinations of necessity for remedial course work.
§18-2-23a. Annual professional staff development goals
established by state board; coordination of professional
development programs; program development, approval and
evaluation.
(a) Legislative intent. -- The intent of this section is to
provide for the coordination of professional development programs
by the state board and to promote high quality instructional
delivery and management practices for a thorough and efficient
system of schools.
(b) Goals. -- The state board annually shall establish goals
for professional staff development in the public schools of the
state. As a first priority, the state board shall require
adequate and appropriate professional staff development to ensure
high quality teaching that will enable students to achieve the
content standards established for the required curriculum in the
public schools.
The state board shall submit the goals to the state
department of education, the center for professional development,
the regional educational service agencies, the higher education
policy commission and the legislative oversight commission on
education accountability on or before the fifteenth day of
January, each year.
The goals shall include measures by which the effectiveness
of the professional staff development programs will be evaluated.
The professional staff development goals may include separate
goals for teachers, principals, paraprofessional service
personnel and classroom aides and others in the public schools.
In establishing the goals, the state board shall review
reports that may indicate a need for professional staff
development including, but not limited to, the report of the
center for professional development created in article three-a,
chapter eighteen-a of this code, student test scores on the
statewide student assessment program, the measures of student and school performance for accreditation purposes, school and school
district report cards, and its plans for the use of funds in the
strategic staff development fund pursuant to section thirty-two,
article two, chapter eighteen of this code.
(c) The center for professional development shall design a
proposed professional staff development program plan to achieve
the goals of the state board and shall submit the proposed plan
to the state board for approval as soon as possible following
receipt of the state board goals each year.
The proposed plan shall include a strategy for evaluating
the effectiveness of the professional staff development programs
delivered under the plan and a cost estimate. The state board
shall review the proposed plan and return it to the center for
professional development noting whether the proposed plan is
approved or is not approved, in whole or in part. If a proposed
plan is not approved in whole, the state board shall note its
objections to the proposed plan or to the parts of the proposed
plan not approved and may suggest improvements or specific
modifications, additions or deletions to address more fully the
goals or eliminate duplication. If the proposed plan is not
wholly approved, the center for professional development shall
revise the plan to satisfy the objections of the state board.
State board approval is required prior to implementation of the
professional staff development plan.
(d) The state board approval of the proposed professional
staff development plan shall establish a master plan for
professional staff development which shall be submitted by the
state board to the affected agencies and to the legislative
oversight commission on education accountability. The master
plan shall include the state board approved plans for
professional staff development by the state department of
education, the center for professional development, the state
institutions of higher education and the regional educational
service agencies to meet the professional staff development goals
of the state board. The master plan also shall include a plan
for evaluating the effectiveness of the professional staff
development delivered through the programs and a cost estimate.
The master plan shall serve as a guide for the delivery of
coordinated professional staff development programs by the state
department of education, the center for professional development,
the state institutions of higher education and the regional
educational service agencies beginning on the first day of June
in the year in which the master plan was approved through the
thirtieth day of May in the following year: Provided, That
nothing in this section shall prohibit changes in the master
plan, subject to state board approval, to address staff
development needs identified after the master plan was approved.
§18-2-26. Establishment of multicounty regional educational service agencies; purpose; authority of state board; governance;
annual performance standards.
(a) Legislative intent. -- The intent of the Legislature in
providing for establishment of regional education service
agencies, hereinafter referred to in this section as agency or
agencies, is to provide for high quality, cost effective
education programs and services to students, schools and school
systems.
Since the first enactment of this section in one thousand
nine hundred seventy-two, the focus of public education has
shifted from a reliance on input models to determine if education
programs and services are providing to students a thorough and
efficient education to a performance based accountability model
which relies on the following:
(1) Development and implementation of s
tandards which set
forth the things that students should know and be able to do as
the result of a thorough and efficient education including
measurable criteria to evaluate student performance and progress;
(2) Development and implementation of assessments to measure
student performance and progress toward meeting the standards;
(3) Development and implementation of a system for holding
schools and school systems accountable for student performance
and progress toward obtaining a high quality education which is
delivered in an efficient manner; and
(4) Development and implementation of a method for building
the capacity and improving the efficiency of schools and school
systems to improve student performance and progress.
(b) Purpose. -- In establishing the agencies the Legislature
envisions certain areas of service in which the agencies can best
assist the state board in implementing the standards based
accountability model pursuant to subsection (a) of this section
and, thereby, in providing high quality education programs.
These areas of service include the following:
(1) Providing technical assistance to low performing schools
and school systems;
(2) Providing high quality, targeted staff development
designed to enhance the performance and progress of students in
state public education;
(3) Facilitating coordination and cooperation among the
county boards within their respective regions in such areas as
cooperative purchasing; sharing of specialized personnel,
communications and technology; curriculum development; and
operation of specialized programs for exceptional children;
(4) Installing, maintaining and/or repairing education
related technology equipment and software with special attention
to the state level basic skills and SUCCESS programs;
(5) Receiving and administering grants under the provisions
of federal and/or state law; and
(6) Developing and/or implementing any other programs or
services as directed by law or by the state board.
(c) State board rule. -- The state board shall reexamine the
powers and duties of the agencies in light of the changes in
state level education policy that have occurred and shall
establish multicounty regional educational service agencies by
rule, promulgated in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code.
The rule shall contain all information necessary for the
effective administration and operation of the agencies. In
developing the rule, the state board may not delegate its
constitutional authority
for the general supervision of schools
to the agencies, however, it may allow the agencies greater
latitude in the development and implementation of programs in the
service areas
outlined in subsection (b) of this section with the
exceptions of providing technical assistance to low performing
schools and school systems and providing high quality, targeted
staff development designed to enhance the performance and
progress of students in state public education. These two areas
constitute the most important responsibilities for the agencies.
The rule establishing the agencies shall be promulgated
before the first day of November, two thousand two, and shall be
consistent with the provisions of this section. It shall
include, but is not limited to, the following procedures:
(1) Providing for a uniform governance structure for the
agencies containing at least these elements:
(A) Selection by the state board of an executive director
who shall be responsible for the administration of his or her
respective agency. The rule shall provide for the state board to
consult with the appropriate regional council during the
selection process;
(B) Development of a job description and qualifications for
the position of executive director, together with procedures for
informing the public of position openings and for taking and
evaluating applications for these positions;
(C) Provisions for the agencies to employ other staff, as
necessary, with the approval of the state board and upon the
recommendation of the executive director: Provided, That prior
to the first day of July, two thousand three, no person who is an
employee of an agency on the effective date of this section may
be terminated or have his or her salary and benefit levels
reduced as the sole result of the changes made to this section or
by state board rule;
(D) Appointment by the county boards of a regional council
in each agency area consisting of representatives of county
boards and county superintendents from within that area for the
purpose of advising and assisting the executive director in
carrying out his or her duties. The state board may provide for membership on the regional council for representatives from other
agencies and institutions who have interest or expertise in the
development or implementation of regional education programs; and
(E) Selection by the state superintendent of a
representative from the state department of education to serve on
each regional council. These representatives shall meet with
their respective regional councils at least quarterly;
(2) Establishing statewide standards by the state board for
service delivery by the agencies. These standards may be revised
annually and shall include, but are not limited to, programs and
services to fulfill the purposes set forth in subsection (b) of
this section;
(3) Establishing procedures for developing and adopting an
annual basic operating budget for each agency and for other
budgeting and accounting procedures as the state board may
require;
(4) Establishing procedures to clarifying that agencies may
acquire and hold real property;
(5) Dividing the state into appropriate, contiguous
geographical areas and designating an agency to serve each area.
The rule shall provide that each of the state's counties is
contained within a single service area and that all counties
located within the boundaries of each agency, as determined by
the state board, shall be members of that agency; and
(6) Such other standards or procedures as the state board
finds necessary or convenient.
(d) Regional services. -- In furtherance of the purposes
provided for in this section, the state board and the regional
council of each agency shall continually explore possibilities
for the delivery of services on a regional basis which will
facilitate equality in the education offerings among counties in
its service area, permit the delivery of high quality education
programs at a lower per student cost, strengthen the cost
effectiveness of education funding resources, reduce
administrative and/or operational costs, including the
consolidation of administrative, coordinating and other county
level functions into region level functions, and promote the
efficient administration and operation of the public school
systems generally.
Technical, operational, programmatic or professional
services are among the types of services appropriate for delivery
on a regional basis.
(e) Virtual education. -- The state board, in conjunction
with the various agencies, shall develop an effective model for
the regional delivery of instruction in subjects where there
exists low student enrollment or a shortage of certified teachers
or where the delivery method substantially improves the quality
of an instructional program. The model shall incorporate an interactive electronic classroom approach to instruction. To the
extent funds are appropriated or otherwise available, county
boards or regional educational service agencies may adopt and
utilize the model for the delivery of the instruction.
(f) Computer information system. -- Each county board of
education shall use the uniform integrated regional computer
information system recommended by the state board for data
collection and reporting to the state department of education.
County boards of education shall bear the cost of and fully
participate in the implementation of the system by using one of
the following methods:
(1) Acquiring necessary, compatible equipment to participate
in the regional computer information system; or
(2) Following receipt of a waiver from the state
superintendent, operating a comparable management information
system at a lower cost which provides at least all uniform
integrated regional computer information system software modules
and allows on-line, interactive access for schools and the county
board office onto the statewide communications network. All data
formats shall be the same as for the uniform integrated regional
information system and will reside at the regional computer.
Any county granted a waiver shall receive periodic
notification of any incompatibility or deficiency in its system.
No county shall expand any system either through the purchase of additional software or hardware that does not advance the goals
and implementation of the uniform integrated regional computer
information system as recommended by the state board.
(g) Reports and evaluations. -- Each agency shall submit to
the state superintendent on such date and in such form as
specified in the rules adopted by the state board a report and
evaluation of the technical assistance and other services
provided and utilized by the schools within each respective
region and their effectiveness. Additionally, any school may
submit an evaluation of the services provided by the agency to
the state superintendent at any time. This report shall include
an evaluation of the agency program, suggestions on methods to
improve utilization and suggestions on the development of new
programs and the enhancement of existing programs. The reports
and evaluations submitted pursuant to this subsection shall be
submitted to the state board and shall be made available upon
request to the standing committees on education of the West
Virginia Senate and House of Delegates and to the secretary of
education and the arts.
(h) Funding sources. -- An agency may receive and disburse
funds from the state and federal governments, from member
counties, or from gifts and grants.
(i) Employee expenses. -- Notwithstanding any other
provision of this code to the contrary, employees of agencies shall be reimbursed for travel, meals and lodging at the same
rate as state employees under the travel management office of the
department of administration.
A county board member may not be an employee of an agency.
(j) Meetings and compensation. --
(1) Agencies shall hold at least one half of their regular
meetings during hours other than those of a regular school day.
The executive director of each agency shall attend at least one
meeting of each of the member county boards of education each
year to explain the agency's services, garner suggestions for
program improvement and provide any other information as may be
requested by the county board.
(2) Notwithstanding any other provision of this code to the
contrary, county board members serving on regional councils may
receive compensation at a rate not to exceed one hundred dollars
per meeting attended, not to exceed fifteen meetings per year.
County board members serving on regional councils may be
reimbursed for travel at the same rate as state employees under
the rules of the travel management office of the department of
administration.
(k) Computer installation, maintenance and repair. --
Agencies shall serve as the lead agency for computer
installation, maintenance and repair for the basic skills and
SUCCESS computer programs. Each agency shall submit a quarterly status report on turn around time for computer
installation, maintenance and repair to the state superintendent
of schools who shall then submit a report to the legislative
oversight commission on education accountability. The status
report for turn around time for computer installation,
maintenance and repair shall be based on the following suggested
time schedules:
Network File Servers............forty-eight hours
Local Area Networks.............forty-eight hours
West Virginia Education
Information System..............twenty-four hours
Computer Workstations...........three to five days
Printers........................three to five days
Other Peripherals...............three to five days
Agencies also shall submit an audit report to the
legislative oversight commission on education accountability each
year.
(l) Professional development. -- Pursuant to the processes
and provisions of section twenty-three-a, article two, chapter
eighteen of this code, each agency shall provide coordinated
professional development programs within its region to meet the
professional development goals established by the state board.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; education standards and accountability measures; office of education
performance audits; school accreditation and school system
approval; intervention to correct impairments.
(a) Legislative findings, purpose and intent.
(1) The Legislature finds that the process for improving
education includes four primary elements, these being:
(A) Standards which set forth the things that students
should know and be able to do as the result of a thorough and
efficient education including measurable criteria to evaluate
student performance and progress;
(B) Assessments of student performance and progress toward
meeting the standards;
(C) A system for holding schools and school systems
accountable for student performance and progress toward obtaining
a high quality education which is delivered in an efficient
manner; and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2) The Legislature further finds that as the constitutional
body charged with the general supervision of schools as provided
by general law, the state board has the authority and the
responsibility to establish the standards, assess the performance
and progress of students against the standards, hold schools and school systems accountable, and assist schools and school systems
to build capacity and improve efficiency so that the standards
are met, including, when necessary, seeking additional resources
in consultation with the Legislature and the governor.
(3) The Legislature also finds that as the constitutional
body charged with providing for a thorough and efficient system
of schools, the Legislature has the authority and the
responsibility to establish and be engaged constructively in the
determination of the things that students should know and be able
to do as the result of a thorough and efficient education. This
determination is made by using the process for improving
education to determine when school improvement is needed, by
evaluating the results and the efficiency of the system of
schools, by ensuring accountability, and by providing for the
necessary capacity and its efficient use.
(4) Therefore, the purpose of this section is to establish
a process for improving education that includes the four primary
elements as set forth in subdivision (1) of this subsection to
provide assurances that a thorough and efficient system of
schools is being provided for all West Virginia public school
students on an equal education opportunity basis and that the
high quality standards are, at a minimum, being met.
(5) The intent of the Legislature in enacting this section
is to establish a process through which the Legislature, the governor and the state board can work in the spirit of
cooperation and collaboration intended in the process for
improving education to consult and examine, when necessary, the
performance and progress of students, schools and school systems
and consider alternative measures to ensure that all students
continue to receive the thorough and efficient education to which
they are entitled. However, nothing in this section requires any
specific level of funding by the Legislature.
(b) Unified county and school improvement plans. -- The
state board shall promulgate rules in accordance with article
three-b, chapter twenty-nine-a of this code establishing a
unified county improvement plan for each county board and a
unified school improvement plan for each public school in this
state. The rules shall specify that the unified school
improvement plan shall include all appropriate plans required by
law including, but not limited to, the following:
(1)
The report required to be delivered to the county-wide
council on productive and safe schools pursuant to subsection
(f), section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology
pursuant to 20 U.S.C. §6845, section seven, article two-e of this
chapter, state board policy or rule or any other county, state or
federal law;
(3) The strategic plan to manage the integration of special needs students as required by section five, article five-a of
this chapter; and
(4) The school based improvement plan set forth in the
Elementary and Secondary Education Act pursuant to 29 U.S.C.
§6301 et seq.
The plans are required to be included only to the extent
permitted by state and federal law.
(c) High quality education standards and efficiency
standards. -- In accordance with the provisions of article three-
b, chapter twenty-nine-a of this code, the state board shall
adopt and periodically review and update high quality education
standards for student, school and school system performance and
processes in the following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance and progress;
(12) School and school system performance and progress;
(13) A code of conduct for students and employees;
(14) Indicators of efficiency; and
(15) Any other areas determined by the state board.
(d) Performance measures. -- The standards shall assure that
all graduates are prepared for gainful employment or for
continuing post-secondary education and training and that schools
and school systems are making progress in achieving the education
goals of the state.
The standards shall include measures of student performance
and progress and measures of school and school system
performance, progress and processes that enable student
performance. The measures of student performance and progress
and school and school system performance, progress and processes
shall include, but are not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance and progress by grade level measured, where
possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) The student dropout rate;
(4) The high school graduation rate;
(5) The percentage of graduates who enrolled in college and
the percentage of graduates who enrolled in other post-secondary
education within one year following high school graduation;
(6) The percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(7) The percentage of students who enrolled in and the
percentage of students who successfully completed advanced
placement, dual credit and honors classes, respectively, by grade
level.
(e) Indicators of efficiency. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this
code, the state board shall adopt and periodically review and
update indicators of efficiency for student and school system
performance and processes in the following areas:
(1) Curriculum delivery including, but not limited to, the
use of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Utilization of regional educational service agency
programs and services, including programs and services that may
be established by their assigned regional educational service
agency, or other regional services that may be initiated between
and among participating county boards; and
(7) Any other indicators as determined by the state board.
(f) Assessment and accountability of school and school
system performance and processes. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this
code, the state board shall establish by rule a system of
education performance audits which measures the quality of
education and the preparation of students based on the standards
and measures of student, school and school system performance,
progress and processes, including, but not limited to, the
standards and measures set forth in subsections (c) and (d) of
this section. The system of education performance audits shall
assist the state board, the Legislature and the governor in
ensuring that the standards and measures established pursuant to
this section are, at a minimum, being met and that a thorough and
efficient system of schools is being provided. The system of
education performance audits shall include: (1) The assessment
of student performance and progress, school and school system
performance and progress, and the processes in place in schools
and school systems which enable student performance and progress;
(2) the review of school and school system unified improvement
plans; and (3) the periodic on-site review of school and school
system performance and progress and compliance with the
standards.
(g) Uses of school and school system assessment information. -- The state board and the process for improving education
council established pursuant to section five-c of this article
shall use information from the system of education performance
audits to assist them in ensuring that a thorough and efficient
system of schools is being provided and to improve student,
school and school system performance and progress. Information
from the system of education performance audits further shall be
used by the state board for these purposes, including, but not
limited to, the following: (1) Determining school accreditation
and school system approval status; (2) holding schools and school
systems accountable for the efficient use of existing resources
to meet or exceed the standards; and (3) targeting additional
resources when necessary to improve performance and progress.
Primary emphasis in determining school accreditation and school
system approval status is based on student performance and
progress, school and school system performance and progress and
such other measures as selected by the state board. The state
board shall make accreditation information available to the
Legislature, the governor, the general public and to any
individuals who request the information, subject to the
provisions of any act or rule restricting the release of
information.
Based on the assessment of student, school and school system
performance and progress, the state board shall establish early detection and intervention programs using the available resources
of the department of education, the regional educational service
agencies, the center for professional development and the
principals academy, as appropriate, to assist underachieving
schools and school systems to improve performance before
conditions become so grave as to warrant more substantive state
intervention. Assistance shall include, but is not limited to,
providing additional technical assistance and programmatic,
professional staff development, providing monetary, staffing and
other resources where appropriate, and, if necessary, making
appropriate recommendations to the process for improving
education council.
(h) Office of education performance audits. --
(1) To assist the state board and the process for improving
education council in the operation of a system of education
performance audits that will enable them to evaluate whether a
thorough and efficient education is being provided, and to assist
the state board in making determinations regarding the
accreditation status of schools and the approval status of school
systems, the state board shall establish an office of education
performance audits which shall be operated under the direction of
the state board independently of the functions and supervision of
the state department of education and state superintendent. The
office of education performance audits shall report directly to and be responsible to the state board in carrying out its duties
under the provisions of this section.
(2) The office shall be headed by a director who shall be
appointed by the state board and who shall serve at the will and
pleasure of the state board. The salary of the director shall
not exceed the salary of the state superintendent of schools.
(3) The state board shall organize and sufficiently staff
the office to fulfill the duties assigned to it by law and by the
state board. Employees of the state department of education who
are transferred to the office of education performance audits
retain their benefit and seniority status with the department of
education.
(4) Under the direction of the state board, the office of
education performance audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance and progress of students, schools and school
systems, and shall receive assistance, as determined by the state
board, from staff at the state department of education, the
regional education service agencies, the center for professional
development, the principals academy and the state school building
authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it
by the state board or by statute, the office of education
performance audits also shall:
(A) Assure that all statewide assessments of student
performance are secure as required in section one-a of this
article;
(B) Administer all accountability measures as assigned by
the state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems. These processes shall focus on those
measurable criteria related to student performance and progress
and to the delivery of instruction which will enable student
performance and progress; and
(ii) Recommendations to the state board on appropriate
action, including, but not limited to, accreditation and approval
action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the state board, and recommend to the school, the
school system, the state board and the process for improving
education council, plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity to establish and maintain a thorough and
efficient system of schools, including the identification of
trends and the need for continuing improvements in education, and report those deficiencies and trends to the state board and the
process for improving education council;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the
Legislature and the state board, and make recommendations to the
state board, the process for improving education council, the
center for professional development, the regional educational
service agencies, the higher education policy commission, and the
county boards;
(F) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems
and best practices that improve student, school and school system
performance, and make recommendations to the state board and the
process for improving education council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The state board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with various of
the applicable laws, policies and process standards as considered appropriate and approved by the state board,
including, but not
limited to, compliance with limitations on the number of pupils
per teacher in a classroom and the number of split grade
classrooms
. Information contained in the reporting formats shall
be examined during an on-site review to determine compliance with
laws, policies and standards. Intentional and grossly negligent
reporting of false information is ground for dismissal.
(i) On-site reviews. --
(1) At the direction of the state board or by weighted
selection by the office of education performance audits, an on-
site review shall be conducted by the office of education
performance audits of any school or school system for purposes,
including, but not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Documenting compliance with policies and laws;
(C) Evaluating the effectiveness and implementation status
of school and school system unified improvement plans;
(D) Investigating official complaints submitted to the state
board that allege serious impairments in the quality of education
in schools or school systems;
(E) Investigating official complaints submitted to the state
board that allege that a school or county board is in violation
of policies or laws under which schools and county boards
operate; and
(F) Determining and reporting whether required reviews and
inspections have been conducted by the appropriate agencies,
including, but not limited to, the state fire marshal, the health
department, the school building authority and the responsible
divisions within the department of education, and whether noted
deficiencies have been or are in the process of being corrected.
The office of education performance audits may not conduct a
duplicate review or inspection nor mandate more stringent
compliance measures.
(2) The selection of schools and school systems for an on-
site review shall use a weighted sample so that those with lower
performance and progress indicators and those that have not had
a recent on-site review have a greater likelihood of being
selected. The director of the office of education performance
audits shall notify the county superintendent of schools five
school days prior to commencing an on-site review of the county
school system and shall notify both the county superintendent and
the principal five school days prior to commencing an on-site
review of an individual school: Provided, That the state board
may direct the office of education performance audits to conduct
an unannounced on-site review of a school or school system if the
state board believes circumstances warrant an unannounced on-site
review.
(3) The office of education performance audits may conduct on-site reviews which are limited in scope to specific areas in
addition to full reviews which cover all areas.
(4) An on-site review of a school or school system shall
include a person or persons who has expert knowledge and
experience in the area or areas to be reviewed and who is
designated by the state board from the department of education
and the agencies responsible for assisting the office. If the
size of the school or school system being reviewed necessitates
the use of an on-site review team or teams, the person or persons
designated by the state board shall
advise and assist the
director to appoint the team or teams. The person or persons
designated by the state board shall
be the team leaders.
The persons designated by the state board shall be
responsible for completing the report on the findings and
recommendations of the on-site review in their area of expertise.
It is the intent of the Legislature that the persons designated
by the state board participate in all on-site reviews that
involve their area of expertise to the extent practicable so that
the on-site review process will evaluate compliance with the
standards in a uniform, consistent and expert manner.
(5) The office of education performance audits shall
reimburse a county board for the costs of substitutes required to
replace county board employees while they are serving on a review
team.
(6) At the conclusion of an on-site review of a school
system, the director and team leaders shall hold an exit
conference with the superintendent and shall provide an
opportunity for principals to be present for at least the portion
of the conference pertaining to their respective schools. In the
case of an on-site review of a school, the exit conference shall
be held with the principal and the superintendent shall be
provided the opportunity to be present.
(7) The office of education performance audits shall report
the findings of the on-site reviews to the state board for
inclusion in the evaluation and determination of a school's or
county board's accreditation or approval status as applicable.
The report on the findings of an on-site review shall be
submitted to the state board within thirty days following the
conclusion of the on-site review and to the county superintendent
and principals of schools within the reviewed school system
within forty-five days following the conclusion of the on-site
review. A copy of the report shall be provided to the process
for improving education council.
(j) School accreditation. -- The state board annually shall
review the information from the system of education performance
audits submitted for each school and shall issue to every school
one of the following approval levels: Exemplary accreditation
status, full accreditation status, temporary accreditation status, conditional accreditation status, or seriously impaired
status.
(1) Full accreditation status shall be given to a school
when the school's performance and progress on the standards
adopted by the state board pursuant to subsections (c) and (d) of
this section are at a level which would be expected when all of
the high quality education standards are being met. A school
which meets or exceeds the measures of student performance and
progress set forth in subsection (d) of this section, and which
does not have any deficiencies which would endanger student
health or safety or other extraordinary circumstances as defined
by the state board, shall remain on full accreditation status for
six months following an on-site review in which other
deficiencies are noted. The school shall have an opportunity to
correct those deficiencies, notwithstanding other provisions of
this subsection.
(2) Temporary accreditation status shall be given to a
school when the measure of the school's performance and progress
is below the level required for full accreditation status.
Whenever a school is given temporary accreditation status, the
county board shall ensure that the school's unified improvement
plan is revised to increase the performance and progress of the
school to a full accreditation status level. The revised unified
school improvement plan shall include objectives, a time line, a plan for evaluation of the success of the improvements, cost
estimates, and a date certain for achieving full accreditation.
The revised plan shall be submitted to the state board for
approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance and progress on the
standards adopted by the state board are below the level required
for full accreditation, but the school's unified improvement plan
has been revised to achieve full accreditation status by a date
certain, the plan has been approved by the state board and the
school is meeting the objectives and time line specified in the
revised plan.
(4) Exemplary accreditation status shall be given to a
school when the school's performance and progress on the
standards adopted by the state board pursuant to subsections (c)
and (d) of this section substantially exceed the minimal level
which would be expected when all of the high quality education
standards are being met. The state board shall promulgate
legislative rules in accordance with the provisions of article
three-b, chapter twenty-nine-a, designated to establish standards
of performance and progress to identify exemplary schools.
(5) The state board shall establish and adopt standards of
performance and progress to identify seriously impaired schools
and the state board may declare a school seriously impaired whenever extraordinary circumstances exist as defined by the
state board.
(A) These circumstances shall include, but are not limited
to, the following:
(i) The failure of a school on temporary accreditation
status to obtain approval of its revised unified school
improvement plan within a reasonable time period as defined by
the state board;
(ii) The failure of a school on conditional accreditation
status to meet the objectives and time line of its revised
unified school improvement plan; or
(iii) The failure of a school to achieve full accreditation
by the date specified in the revised plan.
(B) Whenever the state board determines that the quality of
education in a school is seriously impaired, the state board
shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correction
of the impairment. When the state board approves the
recommendations, they shall be communicated to the county board.
If progress in correcting the impairment as determined by the
state board is not made within six months from the time the
county board receives the recommendations, the state board shall
place the county board on temporary approval status and provide
consultation and assistance to the county board to assist it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management
practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to
correct the impairment.
(C) If the impairment is not corrected by a date certain as
set by the state board:
(i) The state board shall appoint a monitor who shall be
paid at county expense to cause improvements to be made at the
school to bring it to full accreditation status within a
reasonable time period as determined by the state board. The
monitor's work location shall be at the school and the monitor
shall work collaboratively with the principal. The monitor
shall, at a minimum, report monthly to the state board on the
measures being taken to improve the school's performance and the
progress being made. The reports may include requests for
additional assistance and recommendations required in the
judgment of the monitor to improve the school's performance,
including, but not limited to, the need for targeting resources
strategically to eliminate deficiencies;
(ii) The state board may make a determination, in its sole
judgment, that the improvements necessary to provide a thorough and efficient education to the students at the school cannot be
made without additional targeted resources, in which case, it
shall establish a plan in consultation with the county board that
includes targeted resources from sources under the control of the
state board and the county board to accomplish the needed
improvements. Nothing in this subsection shall be construed to
allow a change in personnel at the school to improve school
performance and progress, except as provided by law;
(iii) If the impairment is not corrected within one year
after the appointment of a monitor, the state board may make a
determination, in its sole judgment, that continuing a monitor
arrangement is not sufficient to correct the impairment and may
intervene in the operation of the school to cause improvements to
be made that will provide assurances that a thorough and
efficient system of schools will be provided. This intervention
may include, but is not limited to, establishing instructional
programs, taking such direct action as may be necessary to
correct the impairments, declaring the position of principal is
vacant and assigning a principal for the school who shall serve
at the will and pleasure of and, under the sole supervision of,
the state board: Provided, That prior to declaring that the
position of the principal is vacant, the state board must make a
determination that all other resources needed to correct the
impairment are present at the school. If the principal who was removed elects not to remain an employee of the county board,
then the principal assigned by the state board shall be paid by
the county board. If the principal who was removed elects to
remain an employee of the county board, then the following
procedure applies:
(I) The principal assigned by the state board shall be paid
by the state board until the next school term, at which time the
principal assigned by the state board shall be paid by the county
board;
(II) The principal who was removed shall be placed on the
preferred recall list for all positions in the county for which
the principal is certified, as defined in section seven, article
four of this chapter; and
(III) The principal who was removed shall be paid by the
county board and may be assigned to administrative duties,
without the county board being required to post that position
until the end of the school term;
(6) The county board shall take no action nor refuse any
action if the effect would be to impair further the school in
which the state board has intervened.
(7) The state board may appoint a monitor pursuant to the
provisions of this subsection to assist the school principal
after intervention in the operation of a school is completed.
(k) Transfers from seriously impaired schools. -- Whenever a school is determined to be seriously impaired and fails to
improve its status within one year, any student attending the
school may transfer once to the nearest fully accredited school,
subject to approval of the fully accredited school and at the
expense of the school from which the student transferred.
(l) School system approval. -- The state board annually
shall review the information submitted for each school system
from the system of education performance audits and issue one of
the following approval levels to each county board: Full
approval, temporary approval, conditional approval, or
nonapproval.
(1) Full approval shall be given to a county board whose
education system meets or exceeds all of the high quality
standards for student, school and school system performance,
progress and processes adopted by the state board and whose
schools have all been given full, temporary or conditional
accreditation status. A school system which meets or exceeds the
measures of student performance and progress set forth in
subsection (d) of this section, and which does not have any
deficiencies which would endanger student health or safety or
other extraordinary circumstances as defined by the state board,
shall remain on full accreditation status for six months
following an on-site review in which other deficiencies are
noted. The school shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this
subsection.
(2) Temporary approval shall be given to a county board
whose education system is below the level required for full
approval. Whenever a county board is given temporary approval
status, the county board shall revise its unified county
improvement plan to increase the performance and progress of the
school system to a full approval status level. The revised plan
shall include objectives, a time line, a plan for evaluation of
the success of the improvements, a cost estimate, and a date
certain for achieving full approval. The revised plan shall be
submitted to the state board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose unified county improvement plan meets the
following criteria:
(i) The plan has been revised to achieve full approval
status by a date certain;
(ii) The plan has been approved by the state board; and
(iii) The county board is meeting the objectives and time
line specified in the revised plan.
(4) Nonapproval status shall be given to a county board
which fails to submit and gain approval for its unified county
improvement plan or revised unified county improvement plan within a reasonable time period as defined by the state board or
which fails to meet the objectives and time line of its revised
unified county improvement plan or fails to achieve full approval
by the date specified in the revised plan.
(A) The state board shall establish and adopt additional
standards to identify school systems in which the program may be
nonapproved and the state board may issue nonapproval status
whenever extraordinary circumstances exist as defined by the
state board.
(B) Whenever a county board has more than a casual deficit,
as defined in section one, article one of this chapter, the
county board shall submit a plan to the state board specifying
the county board's strategy for eliminating the casual deficit.
The state board either shall approve or reject the plan. If the
plan is rejected, the state board shall communicate to the county
board the reason or reasons for the rejection of the plan. The
county board may resubmit the plan any number of times. However,
any county board that fails to submit a plan and gain approval
for the plan from the state board before the end of the fiscal
year after a deficit greater than a casual deficit occurred or
any county board which, in the opinion of the state board, fails
to comply with an approved plan may be designated as having
nonapproval status.
(C) Whenever nonapproval status is given to a school system, the state board shall declare a state of emergency in the school
system and shall appoint a team of improvement consultants to
make recommendations within sixty days of appointment for
correcting the emergency. When the state board approves the
recommendations, they shall be communicated to the county board.
If progress in correcting the emergency, as determined by the
state board, is not made within six months from the time the
county board receives the recommendations, the state board shall
intervene in the operation of the school system to cause
improvements to be made that will provide assurances that a
thorough and efficient system of schools will be provided. This
intervention may include, but is not limited to, the following:
(i) Limiting the authority of the county superintendent and
county board as to the expenditure of funds, the employment and
dismissal of personnel, the establishment and operation of the
school calendar, the establishment of instructional programs and
rules and any other areas designated by the state board by rule,
which may include delegating decision-making authority regarding
these matters to the state superintendent;
(ii) Declaring that the office of the county superintendent
is vacant;
(iii) Delegating to the state superintendent both the
authority to conduct hearings on personnel matters and school
closure or consolidation matters and, subsequently, to render the resulting decisions, and the authority to appoint a designee for
the limited purpose of conducting hearings while reserving to the
state superintendent the authority to render the resulting
decisions; and
(iv) Taking any direct action necessary to correct the
emergency including, but not limited to, the following:
(I) Delegating to the state superintendent the authority to
replace administrators and principals in low performing schools
and to transfer them into alternate professional positions within
the county at his or her discretion; and
(II) Delegating to the state superintendent the authority to
fill positions of administrators and principals with individuals
determined by the state superintendent to be the most qualified
for the positions. Any authority related to intervention in the
operation of a county board granted under this paragraph is not
subject to the provisions of article four, chapter eighteen-a of
this code;
(m) Notwithstanding any other provision of this section, the
state board may intervene immediately in the operation of the
county school system with all the powers, duties and
responsibilities contained in subsection (l) of this section, if
the state board finds the following:
(1) That the conditions precedent to intervention exist as
provided in this section; and that delaying intervention for any period of time would not be in the best interests of the students
of the county school system; or
(2) That the conditions precedent to intervention exist as
provided in this section and
that the state board had previously
intervened in the operation of the same school system and had
concluded that intervention within the preceding five years.
(n) Capacity. -- The process for improving education
includes a process for targeting resources strategically to
improve the teaching and learning process. Development of
unified school and school system improvement plans, pursuant to
subsection (b) of this section, is intended, in part, to provide
mechanisms to target resources strategically to the teaching and
learning process to improve student, school and school system
performance. When deficiencies are detected through the
assessment and accountability processes, the revision and
approval of school and school system unified improvement plans
shall ensure that schools and school systems are efficiently
using existing resources to correct the deficiencies. When the
state board determines that schools and school systems do not
have the capacity to correct deficiencies, the state board shall
work with the county board to develop or secure the resources
necessary to increase the capacity of schools and school systems
to meet the standards and, when necessary, seek additional
resources in consultation with the Legislature and the governor.
The state board shall recommend to the appropriate body
including, but not limited to, the process for improving
education council, the Legislature, county boards, schools and
communities methods for targeting resources strategically to
eliminate deficiencies identified in the assessment and
accountability processes. When making determinations on
recommendations, the state board shall include, but is not
limited to, the following methods:
(1) Examining reports and unified improvement plans
regarding the performance and progress of students, schools and
school systems relative to the standards and identifying the
areas in which improvement is needed;
(2) Determining the areas of weakness and of ineffectiveness
that appear to have contributed to the substandard performance
and progress of students or the deficiencies of the school or
school system;
(3) Determining the areas of strength that appear to have
contributed to exceptional student, school and school system
performance and progress and promoting their emulation throughout
the system;
(4) Requesting technical assistance from the school building
authority in assessing or designing comprehensive educational
facilities plans;
(5) Recommending priority funding from the school building authority based on identified needs;
(6) Requesting special staff development programs from the
center for professional development, the principals academy,
higher education, regional educational service agencies and
county boards based on identified needs;
(7) Submitting requests to the Legislature for
appropriations to meet the identified needs for improving
education;
(8) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with
increased enrollment are appropriately reflected and recommended
for funding;
(10) Ensuring that the appropriate person or entity is held
accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the
state and local level to assist the school or school system in
achieving the standards and alleviating the deficiencies.
§18-2E-5c. Process for improving education council established;
membership; expenses; meetings; powers.
(a) Process for improving education council. -- There is
hereby established the process for improving education council
for the purpose of providing opportunities for consultation among
state policy leaders on the process for improving education, including, but not limited to, determination of the things that
students should know and be able to do as the result of a
thorough and efficient education, the performance and progress of
students toward meeting the high quality standards established by
the state board, and any further improvements necessary to
increase the capacity of schools and school systems to deliver a
thorough and efficient education.
(b) Council membership. -- The legislative oversight
commission on education accountability, together with the
governor, ex officio, or the governor's designee, and the
chancellor of the higher education policy commission, ex officio,
or the chancellor's designee, comprise the process for improving
education council. Ex officio members are entitled to vote. The
governor or the governor's designee shall convene the council, as
appropriate, and shall serve as chair. The council may meet at
any time at the call of the governor or the governor's designee.
(c) Compensation. -- Members of the council shall serve
without compensation, but shall be reimbursed as provided by law
by their respective agencies for all reasonable and necessary
expenses actually incurred in the performance of their official
duties under this section upon presentation of an itemized sworn
statement of their expenses.
(d) Powers of the council. --
The council has the following powers:
(1) To meet and consult with the state board, or their
designees, and make recommendations on issues related to student,
school and school system performance. The following steps are
part of the consultation process:
(A) The state board shall notify each member of the council
whenever the state board proposes to amend its rules on any of
the following issues:
(i)High quality education standards and efficiency
standards established pursuant to section five of this article;
(ii) Indicators of efficiency established pursuant to
section five of this article; and
(iii) Assessment and accountability of school and school
system performance and processes established pursuant to section
five of this article.
(B) If the governor, or the governor's designee, believes it
is necessary for the council to meet and consult with the state
board, or its designees, on changes proposed to any of the issues
outlined in subdivision (1) of this subsection, he or she may
convene a meeting of the council.
(C) If both the president of the Senate and the speaker of
the House of Delegates believe it is necessary for the council to
meet and consult with the state board, or its designees, they
shall notify the governor who shall convene a meeting of the
council.
(D) If the chancellor, or the chancellor's designee,
believes that it is necessary for the council to meet and consult
with the state board, or its designees, he or she may request the
governor to convene a meeting of the council.
(2) To require the state board, or its designees, to meet
with the council to consult on issues that lie within the scope
of the council's jurisdiction;
(3) To participate as observers in any on-site review of a
school or school system conducted by the office of education
performance audits; and
(4) To authorize any employee of the agencies represented by
council members to participate as observers in any on-site review
of a school or school system conducted by the office of education
performance audits.
§18-2E-9. West Virginia virtual school.
(a) Findings: -- The Legislature finds that:
(1) West Virginia schools have improved and expanded
internet access which enables schools to offer courses through
the internet and other new and developing technologies;
(2) Current technology is available to provide students with
more resources for learning and new and developing technologies
offer even more promise for expanded learning opportunities;
(3) A number of states and other jurisdictions have
developed internet-based instruction which is available currently and which is being used by schools in this state;
(4) To educate better the students of West Virginia, more
course and class offerings can be made available through
technology, especially to students who are geographically
disadvantaged;
(5) Virtual learning enables students to learn from remote
sites, learn at times other than the normal school day and learn
at a different pace and gives students access to courses that
would not be available in their area;
(6) There is a need to assure that internet-based courses
and courses offered through new and developing technologies are
of high quality; and
(7) The state and county school systems can benefit from the
purchasing power the state can offer.
(b) The Legislature hereby creates the West Virginia virtual
school. The West Virginia virtual school shall be located within
the office of technology and information systems within the West
Virginia department of education.
(c) The state superintendent of schools shall appoint the
director of the West Virginia virtual school with the approval of
the state board.
(d) The director of the West Virginia virtual school has the
following powers and duties:
(1) To contract with providers for courses and other services;
(2) To review courses and courseware and make determinations
and recommendations relative to the cost and quality of the
courses and the alignment with the instructional goals and
objectives of the state board;
(3) To develop policy recommendations for consideration by
the state board, which may include, but not be limited to, the
following:
(A) Hardware and software considerations for the offering of
courses on the internet or other developing technologies;
(B) Standards of teachers and other school employees who are
engaged in the activities surrounding the offering of courses on
the internet or other developing technologies;
(C) Sharing of resources with other agencies of government,
both within and outside West Virginia, to facilitate the offering
of courses on the internet or other developing technologies;
(D) Methods for including courses offered on the internet or
through other developing technologies in alternative education
programs;
(E) Methods for making courses offered on the internet or
through other developing technologies available for students
receiving home instruction;
(F) Methods for brokering the courses offered on the
internet or through other developing technologies;
(G) Methods for applying for grants;
(H) Methods for employing persons who are the most familiar
with the instructional goals and objectives to develop the
courses to be offered on the internet and through other
developing technologies; and
(I) Proper funding models that address all areas of funding
including, but not limited to, which county, if any, may include
a student receiving courses on the internet or through other
developing technologies in enrollment and who, if anyone, is
required to pay for the courses offered on the internet or
through other developing technologies; and
(4) Any other powers and duties necessary to address the
findings of the Legislature in subsection (a) of this section.
(e) Subject to the process outlined in this section, the
West Virginia virtual school's approved virtual and distance
learning courses are exempt from the mandatory use of primary
source instructional materials listed on the state multiple list.
(f) The West Virginia department of education shall report
the progress of the West Virginia virtual school to the
legislative oversight commission on education accountability on
or before the first day of September, two thousand.
ARTICLE 2I. STAFF DEVELOPMENT COUNCILS.
§18-2I-1. Legislative purpose.
The purpose of this article is to create the West Virginia professional staff development advisory council and eight
regional professional staff development councils to advise and
assist the state board with ensuring the coordination and quality
of professional staff development programs that address locally
identified needs for professional staff development and meet the
goals for professional staff development established by the state
board.
§18-2I-3. Creation of West Virginia professional staff
development advisory council; members; and
functions.
(a) There shall be a West Virginia professional staff
development advisory council which shall consist of the following
members:
(1) The chairpersons of each of the eight regional staff
development councils established in section five of this article;
(2) The coordinators of each of the eight regional
educational service agency staff development councils;
(3) The assistant superintendent for the division of
instructional and student services of the state department of
education;
(4) The secretary of education and the arts or his or her
designee, who shall chair the council;
(5) The chancellor of the higher education policy commission
or his or her designee;
(6) The executive director of the West Virginia center for
professional development;
(7) The presidents, or their designees, of each of the two
professional organizations or associations representing teachers
in the state with the greatest number of teacher members.
(b) Any member of the advisory council may be reimbursed by
the state board for the cost of reasonable and necessary expenses
actually incurred in the performance of their duties under this
article.
§18-2I-4. Functions of the West Virginia professional staff
development advisory council.
The council shall advise and assist the state board in all
phases of developing or amending the goals for professional staff
development required by subsection (b) of this section. Advice
and assistance shall include, but is not limited to, the
following:
(a) Reporting to the state board on the professional staff
development needs identified by the public schools within the
respective regions;
(b) Recommending effective professional staff development
programs to meet identified needs;
(c) Providing local input on the proposed goals and on the
professional staff development plan proposed by the center for
professional development pursuant to subsection (c) of this section;
(d) Communicating professional staff development information
and findings to the regional and county staff development
councils; and
(e) Advancing the coordination and quality of professional
staff development programs in the public schools of West
Virginia.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18b. School counselors in public schools.
(a) A school counselor means a professional educator who
holds a valid school counselor's certificate in accordance with
article three of this chapter.
(b) Each county board shall provide counseling services for
each pupil enrolled in the public schools of the county.
(c) The school counselor shall work with individual pupils
and groups of pupils in providing developmental, preventive and
remedial guidance and counseling programs to meet academic,
social, emotional and physical needs; including programs to
identify and address the problem of potential school dropouts.
The school counselor also may provide consultant services for
parents, teachers and administrators and may use outside referral
services, when appropriate, if no additional cost is incurred by
the county board.
(d) The state board may
adopt rules consistent with the provisions of this section that define the role of a school
counselor based on the "National Standards for School Counseling
Programs" of the American school counselor association. A school
counselor is authorized to perform such services as are not
inconsistent with the provisions of the rule as adopted by the
state board. To the extent that any funds are made available for
this purpose, county boards shall provide training for counselors
and administrators to implement the rule as adopted by the state
board.
(e) Each county board shall develop a comprehensive drop-out
prevention program utilizing the expertise of school counselors
and any other appropriate resources available.
(f) School counselors shall be full-time professional
personnel, shall spend at least seventy-five percent of work time
in a direct counseling relationship with pupils, and shall devote
no more than one fourth of the work day to administrative
activities: Provided, That such activities are counselor related.
(g) Nothing in this section prohibits a county board from
exceeding the provisions of this section, or requires any
specific level of funding by the Legislature.
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-1d. Adoption of a state model for individualized
education program.
The state board shall adopt a basic model for individualized education programs to be used by all special education teachers
throughout the public schools of the state when preparing
individualized education programs for students with exceptional
needs.
The model shall comply with, but may not exceed, all state
laws and federal laws, policies, rules, and regulations relating
to providing education services to students with exceptional
needs and shall include instructions for adapting the model to
specific exceptionalities.
No professional educator may be required to prepare or
implement an individualized education program which exceeds the
requirements of federal and state laws, policies, rules or
regulations.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-12. Performance evaluations of school personnel;
professional personnel evaluation process.
(a) The state board of education shall adopt a written
system for the evaluation of the employment performance of
personnel, which system shall be applied uniformly by county
boards of education in the evaluation of the employment
performance of personnel employed by the board.
(b) The system adopted by the state board of education for
evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel",
"professional" or "professionals", means professional personnel
as defined in section one, article one of this chapter.
(d) In developing the professional personnel performance
evaluation system, and amendments thereto, the state board shall
consult with the professional development project of the center
for professional development created in section three, article
three-a of this chapter. The center shall participate actively
with the state board in developing written standards for
evaluation which clearly specify satisfactory performance and the
criteria to be used to determine whether the performance of each
professional meets such standards.
(e) The performance evaluation system shall contain, but
shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated,
whether they be teachers, substitute teachers, administrators,
principals, or others;
(2) The frequency and duration of the evaluations, which
shall be on a regular basis and of such frequency and duration as
to insure the collection of a sufficient amount of data from
which reliable conclusions and findings may be drawn: Provided,
That for school personnel with five or more years of experience,
who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the
principal determines an evaluation for a particular school
employee is needed more frequently: Provided, however, That a
classroom teacher may exercise the option of being evaluated at
more frequent intervals;
(3) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance
of the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for
individual professionals;
(C) Serve as documentation for a dismissal on the grounds of
unsatisfactory performance; and
(D) Serve as a basis for programs to increase the
professional growth and development of professional personnel;
(4) The standards for satisfactory performance for
professional personnel and the criteria to be used to determine
whether the performance of each professional meets such standards
and other criteria for evaluation for each professional position
evaluated. Effective the first day of July, two thousand three
and thereafter, professional personnel, as appropriate, shall
demonstrate competency in the knowledge and implementation of the
technology standards adopted by the state board. If a
professional fails to demonstrate competency, in the knowledge
and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and
(5) Provisions for a written improvement plan, which shall
be specific as to what improvements, if any, are needed in the
performance of the professional and shall clearly set forth
recommendations for improvements, including recommendations for
additional education and training during the professional's
recertification process.
(f) A professional whose performance is considered
to be
unsatisfactory shall be given notice of deficiencies. A
remediation plan to correct deficiencies shall be developed by
the employing county board of education and the professional.
The professional shall be given a reasonable period of time for
remediation of the deficiencies and shall receive a statement of
the resources and assistance available for the purposes of
correcting the deficiencies.
(g) No person may evaluate professional personnel for the
purposes of this section unless
the
person has an administrative
certificate issued by the state superintendent and has
successfully completed education and training in evaluation
skills through the center for professional development, or
equivalent education training approved by the state board, which
will enable the person to make fair, professional, and credible
evaluations of the personnel whom the person is responsible for
evaluating. After the first day of July, one thousand nine hundred ninety-four, no person may be issued an administrative
certificate or have an administrative certificate renewed unless
the state board determines that
the
person has successfully
completed education and training in evaluation skills through the
center for professional development, or equivalent education and
training approved by the state board.
(h) Any professional whose performance evaluation includes
a written improvement plan shall be given an opportunity to
improve his or her performance through the implementation of the
plan. If the next performance evaluation shows that the
professional is now performing satisfactorily, no further action
may be taken concerning the original performance evaluation. If
the
evaluation shows that the professional is still not
performing satisfactorily, the evaluator either shall make
additional recommendations for improvement or may recommend the
dismissal of
the
professional in accordance with the provisions
of section eight of this article.
(i) Lesson plans are intended to serve as a daily guide for
teachers and substitutes for the orderly presentation of the
curriculum. Lesson plans may not be used as a substitute for
observations by an administrator in the performance evaluation
process. A classroom teacher, as defined in section one, article
one of this chapter, may not be required to include in his or her
lesson plans any of the following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve
as a guide to the teacher or substitute for daily instruction;
and
(j) The Legislature finds that classroom teachers must be
free of unnecessary paper work so that they can focus their time
on instruction. Therefore, classroom teachers may not be
required to keep records or logs of routine contacts with parents
or guardians.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-1. Teacher preparation programs; program approval and
standards; authority to issue teaching
certificates.
(a) The education of professional educators in the state
shall be under the general direction and control of the state
board of education after consultation with the secretary of
education and the arts and the chancellor of the higher education
policy commission, who shall represent the interests of teacher
preparation programs within the institutions of higher education
in this state as those institutions are defined in section two, article one, chapter eighteen-b of this code.
The education of professional educators in the state
includes all programs leading to certification to teach or serve
in the public schools including: (1) Those programs in all
institutions of higher education, including student teaching in
the public schools; (2) beginning teacher internship programs;
(3) the granting of West Virginia certification to persons who
received their preparation to teach outside the boundaries of
this state; (4) any alternative preparation programs in this
state leading to certification, including programs established
pursuant to the provisions of section one-a of this article and
programs which are in effect on the effective date of this
section; and (5) any continuing professional education,
professional development and in-service training programs for
professional educators employed in the public schools in the
state.
(b) The state board of education, after consultation with
the secretary of education and the arts and the chancellor of the
higher education policy commission, who shall represent the
interests of teacher preparation programs within the institutions
of higher education in this state as those institutions are
defined in section two, article one, chapter eighteen-b of this
code, shall adopt standards for the education of professional
educators in the state and for the awarding of certificates valid in the public schools of this state subject to the following
conditions:
(1) The standards approved by the board for teacher
preparation shall include a provision for the study of
multicultural education. As used in this section, multicultural
education means the study of the pluralistic nature of American
society including its values, institutions, organizations,
groups, status positions and social roles.
(2) Effective the first day of January, one thousand nine
hundred ninety-three, the standards approved by the board shall
also include a provision for the study of classroom management
techniques and shall include methods of effective management of
disruptive behavior which shall include societal factors and
their impact on student behavior.
(c) To give prospective teachers the teaching experience
needed to demonstrate competence as a prerequisite to
certification, the state board of education may enter into an
agreement with county boards for the use of the public schools.
Such agreement shall recognize student teaching as a joint
responsibility of the teacher preparation institution and the
cooperating public schools and shall include: (1) The minimum
qualifications for the employment of public school teachers
selected as supervising teachers; (2) the remuneration to be paid
public school teachers by the state board, in addition to their contractual salaries, for supervising student teachers; and (3)
minimum standards to guarantee the adequacy of the facilities and
program of the public school selected for student teaching. The
student teacher, under the direction and supervision of the
supervising teacher, shall exercise the authority of a substitute
teacher.
(d) The state superintendent of schools may issue
certificates to graduates of teacher education programs and
alternative teacher education programs approved by the state
board of education and in accordance with rules adopted by the
state board after consultation with the secretary of education
and the arts and the chancellor of the higher education policy
commission. A certificate to teach shall not be granted to any
person who is not a citizen of the United States, is not of good
moral character and physically, mentally and emotionally
qualified to perform the duties of a teacher and who has not
attained the age of eighteen years on or before the first day of
October of the year in which his or her certificate is issued;
except that an exchange teacher from a foreign country, or an
alien person who meets the requirements to teach, may be granted
a permit to teach within the public schools of the state.
(e) In consultation with the secretary of education and the
arts and the chancellor of the higher education policy commission
institutions of higher education approved for teacher preparation may cooperate with each other, with the center for professional
development and with one or more county boards in the
organization and operation of centers to provide selected phases
of the teacher preparation program such as student teaching,
beginning teacher internship programs, instruction in methodology
and seminar programs for college students, teachers with
provisional certification, professional support team members and
supervising teachers.
The institutions of higher education, the center for
professional development and county boards may by mutual
agreement budget and expend funds for the operation of the
centers through payments to the appropriate fiscal office of the
participating institutions, the center for professional
development and the county boards.
(f) The provisions of this section shall not be construed to
require the discontinuation of an existing student teacher
training center or school which meets the standards of the state
board of education.
(g) All institutions of higher education approved for
teacher preparation in the school year of one thousand nine
hundred sixty-two--sixty-three shall continue to hold that
distinction so long as they meet the minimum standards for
teacher preparation. Nothing contained herein shall infringe
upon the rights granted to any institution by charter given according to law previous to the adoption of this code.
§18A-3-2c. Training through the principals academy.
(a) Principal training and professional development
required. -- After the effective date of this section and subject
to the provisions of subsection (c) of this section, every
principal shall complete training and professional development
through the principals academy as provided in subsection (b) of
this section.
(b) Principal training and professional development through
the academy. -- The academy and the persons required to complete
training and professional development through the academy shall
adhere to the following guidelines:
(1) All persons assigned as a principal for the first time
in a West Virginia school after the first day of July, two
thousand two, shall complete specialized training and
professional development for newly appointed principals through
the academy within the first twelve months following assignment;
(2) All principals of schools which have been designated as
seriously impaired, in accordance with section five, article two-
e, chapter eighteen of this code, shall complete specialized
training and professional development through the academy
specifically designed to assist the principal to improve school
performance commencing as soon as practicable following receipt
of the designation;
(3) All principals who are subject to an improvement plan,
in accordance with section twelve, article two of this chapter,
shall complete specialized training and professional development
through the academy specifically designed for principals subject
to an improvement plan. The specialized training and
professional development shall be completed within twelve months
from the date that the principal is first subject to the
improvement plan;
(4) All principals who transfer to a school with a
significantly different grade configuration shall complete
specialized training and professional development for principals
in schools with the grade configuration to which they transferred
through the academy within the first twelve months following
transfer; and
(5) All persons serving as school principals shall complete
training and professional development through the academy
designed to build the qualities, proficiencies and skills
required of all principals as determined by the state board.
(c) Academy and requirements to complete training and
professional development subject to funding. -- The requirement
that principals complete training and professional development
through the academy shall be subject to the availability of funds
for the principals academy from legislative appropriation and
from other sources. If these funds are insufficient to provide for the total cost of the training and professional development
required by subsection (b) of this section, then the academy
shall provide training and professional development for the
persons described in subdivisions (1) through (5), of subsection
(b) according to the priority in which the subdivisions appear in
that subsection. If such funds are insufficient to provide for
the training and professional development of all the persons
described in one or more of subdivisions (1) through (5),
subsection (b) of this section, the academy is authorized to
determine which persons described within the subdivision or
subdivisions shall be admitted and which shall not be admitted:
Provided, That the principals academy shall make every effort to
ensure that all principals receive training and professional
development through the academy at least once every six years
effective the first day of July, two thousand two and thereafter:
Provided, however, That nothing in this section shall be
construed to require any specific level of funding by the
Legislature.
(d) 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: The executive director of the center
for professional development, who shall serve as the ex officio chair; three principals, one from an elementary school and one
from a middle school or a junior high school selected by the West
Virginia association of elementary and middle school principals,
and one from a high school selected by the West Virginia
association of secondary school principals; one county school
superintendent selected by the West Virginia association of
school administrators; and two representatives from higher
education who teach in principal preparation programs selected by
the teacher education advisory council; and two citizen
representatives who are knowledgeable on issues addressed in this
section, appointed by the governor. Members of the principals
standards advisory council who are public employees shall be
granted release time from their employment for attending meetings
of the council. Members may be reimbursed for reasonable and
necessary expenses actually incurred in the performance of their
official duties by the center for professional development. The
terms of all members appointed to the principals standards
advisory council under the prior enactment of this section shall
terminate on the thirty-first day of August, two thousand two.
The principals standards advisory council as amended on the
effective date of this section shall become effective on the
first day of September, two thousand two.
(e) Establishment of standards. -- On or before the first
day of October, one thousand nine hundred ninety-six, the state board shall approve and promulgate rules regarding the minimum
qualities, proficiencies and skills that will be required of
principals after the first day of January, one thousand nine
hundred ninety-seven. The state board shall promulgate and may
from time to time amend such rules after consultation with the
principals standards advisory council created in subsection (d)
of this section. The rules promulgated by the state board shall
address at least the following:
(1) Staff relations, including, but not limited to, the
development and use of skills necessary to make a positive use of
faculty senates, manage faculty and staff with courtesy and
mutual respect, coach and motivate employees, and build consensus
as a means of management;
(2) School community leadership qualities, including, but
not limited to, the ability to organize and leverage community
initiative, communicate effectively, work effectively with local
school improvement councils, manage change, resolve conflict and
reflect the highest personal values;
(3) Educational proficiencies, including, but not limited
to, knowledge of curriculum, instructional techniques, student
learning styles, student assessment criteria, school personnel
performance, evaluation skills and family issues; and
(4) Administrative skills, including, but not limited to,
organizational, fiscal, public policy and total quality management skills and techniques.
(f) 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 and professional development through the
academy, as required by the provisions of this section, and who
fails to obtain a waiver, as described in subsection (f) 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 and necessary expenses and
stipends. -- The center for professional development shall
reimburse persons attending the academy for reasonable and
necessary expenses. A person may not be required to complete
training and professional development through the principals academy before the fifteenth day of September and after the first
day of June of the school year. The center for professional
development shall utilize alternative methods of instructional
delivery and scheduling, including electronic delivery, as
considered appropriate to minimize the amount of time principals
completing training and professional development through the
academy are required to be away from their school duties.
Nothing in this section shall be construed to require any
specific level of funding by the Legislature.
ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.
§18A-3A-1. Center for professional development established;
intent and mission; principals academy curriculum and
expenses; authorization to charge fees.
(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. Strong academic leadership provided by principals and
administrators skilled in modern management principles is also
essential. The intent of this article is to recognize the value
of professional involvement by experienced educators, principals
and administrators in building and maintaining a superior force
of professional educators and to establish avenues for applying
such involvement.
(b) The general mission of the center is to advance the quality of teaching and management in the schools of West
Virginia through: (1) The implementation primarily of statewide
training, professional staff development and technical assistance
programs and practices as recommended by the state board to
assure the highest quality of teaching and management; and (2)
the provision of technical and other assistance and support to
regional and local education agencies in identifying and
providing high quality professional staff development and
training programs and implementing best practices to meet their
locally identified needs. The center also may implement local
programs if the state board, in its master plan for professional
staff development established pursuant to section twenty-three-a,
article two, chapter eighteen of this code, determines that there
is a specific local need for the programs. Additionally, the
center shall perform such duties as are assigned to it by law.
Nothing in this article shall be construed to require any
specific level of funding by the Legislature.
(c) The center board shall consist of eleven persons as
follows: The secretary of education and the arts, ex officio,
and the state superintendent of schools, ex officio, both of whom
shall be entitled to vote; three members of the state board,
elected by the state board; three experienced educators, of whom
two shall be working classroom teachers, and one of whom shall be
a school or county administrator appointed by the governor by and with the advice and consent of the Senate, all of whom shall be
experienced educators who have achieved recognition for their
superior knowledge, ability and performance in teaching or
management, as applicable; and three citizens of the state, one
of whom shall be a representative of public higher education, and
all of who shall be knowledgeable in matters relevant to the
issues addressed by the center, including, but not limited to,
professional development and management principles, appointed by
the governor by and with the advice and consent of the Senate.
Not more than two appointees shall be residents within the same
congressional district. The center board shall be cochaired by
the secretary of education and the arts and the state
superintendent.
All successive elections shall be for two-year terms.
Members elected from the state board may serve no more than two
consecutive two-year terms. The state board shall elect another
member to fill the unexpired term of any person so elected who
subsequently vacates state board membership. Of the initial
appointed members, three shall be appointed for one-year terms
and three shall be appointed for two-year terms. All successive
appointments shall be for two-year terms. An experienced educator
may serve no more than two consecutive two-year terms. The
governor shall appoint a new member to fill the unexpired term of
any vacancy in the appointed membership.
(d) The center for professional development board 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.
(e) From appropriations to the center for professional
development, the center board shall employ and fix the
compensation of an executive director with knowledge and
experience in professional development and management principles
and such other staff as may be necessary to carry out the mission
and duties of the center. The executive director shall serve at
the will and pleasure of the center board. The executive
director of the center also shall serve as the chair of the
principals standards advisory council created in section two-c,
article three of this chapter, and shall convene regular meetings
of this council to effectuate the purposes of this council.
When practicable, 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.
(f) The center shall assist in the delivery of programs and
activities pursuant to this article to meet statewide, and if
needed as determined by the goals and master plan for professional staff development established by the state board
pursuant to section twenty-three-a, article two, chapter eighteen
of this code, the local professional development needs of
teachers, principals and administrators and may 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.
(g) The center for professional development shall implement
training and professional development programs for the principals
academy based upon the minimum qualities, proficiencies and
skills necessary for principals in accordance with the standards
established by the state board pursuant to the terms of section
two-c, article three of this chapter.
(h) In accordance with section two-c, article three of this
chapter, the center shall be responsible for paying reasonable
and necessary expenses 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.
(i) Persons attending the professional development offerings
of the center and such other courses and services as shall be
offered by the center for professional development, except the
principals academy shall be assessed fees which shall be less
than the full cost of attendance. There is hereby created in the
state treasury a special revenue account known as the "center for
professional development fund". All moneys collected by the
center shall be deposited in the fund for expenditure by the
center board for the purposes specified in this section. Moneys
remaining in the fund at the end of the fiscal year are subject
to reappropriation by the Legislature.
§18A-3A-2. Professional development project.
Subject to the provisions of section twenty-three-a, article
two, chapter eighteen of this code, through this project the
center shall:
(1) Identify, coordinate, arrange and otherwise assist in
the delivery of professional development programs and activities
that help professional educators acquire the knowledge, skills,
attitudes, practices and other such pertinent complements deemed
essential for an individual to demonstrate appropriate
performance as a professional personnel in the public schools of
West Virginia. The basis for such performance shall be the laws,
policies and regulations adopted for the public schools of West
Virginia, and amendments thereto. The center also may permit and encourage school personnel such as classroom aides, higher
education teacher education faculty and higher education faculty
in programs such as articulated tech prep associate degree and
other programs to participate in appropriate professional
development programs and activities with public school
professional educators;
(2) Identify, coordinate, arrange and otherwise assist in
the delivery of professional development programs and activities
that help principals and administrators acquire knowledge,
skills, attitudes and practices in academic leadership and
management principles for principals and administrators and such
other pertinent complements deemed essential for principals and
administrators to demonstrate appropriate performance in the
public schools of West Virginia. The basis for such performance
shall be the laws, policies and regulations adopted for the
public schools of West Virginia, and amendments thereto;
(3) Serve in a coordinating capacity to assure that the
knowledge, skills, attitude and other pertinent complements of
appropriate professional performance which evolve over time in
the public school environment are appropriately reflected in the
programs approved for the education of professional personnel,
including, but not limited to, advising the teacher education
programs of major statutory and policy changes in the public
schools which affect the job performance requirements of professional educators, including principals and administrators;
(4) Provide for the routine updating of professional skills
of professional educators, including principals and
administrators, through in-service and other programs. Such
routine updating may be provided by the center through statewide
or regional institutes which may require a registration fee;
(5) Provide consultation and assistance to county staff
development councils established under the provisions of section
eight, article three of this chapter in planning, designing,
coordinating, arranging for and delivering professional
development programs to meet the needs of the professional
educators of their district. From legislative appropriations to
the center for professional development, exclusive of such
amounts required for the expenses of the principals academy, the
center shall, unless otherwise directed by the Legislature,
provide assistance in the delivery of programs and activities to
meet the expressed needs of the school districts for professional
development to help teachers, principals and administrators
demonstrate appropriate performance based on the laws, policies
and regulations adopted for the public schools of West Virginia;
and
(6) Cooperate and coordinate with the institutions of higher
education to provide professional staff development programs that
satisfy some or all of the criteria necessary for currently certified professional educators to meet the requirements for an
additional endorsement in an area of certification and for
certification to teach in the middle school grades.
If the center is not able to reach agreement with the
representatives of the institutions providing teacher education
programs on which courses will be approved for credit toward
additional endorsements, the state board may certify certain
professional staff development courses to meet criteria required
by the state board. This certification shall be done on a course
by course basis.
§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) Specialized training and professional development
programs for all principals; and
(c) Specialized training and professional development
programs for the following principals:
(1) Newly appointed principals;
(2) Principals whose schools have been designated as seriously impaired, which programs shall commence as soon as
practicable following the designation;
(3) Principals subject to improvement plans; and
(4) Principals of schools with significantly different grade
level configurations.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 3B. STATE BOARD OF EDUCATION RULE MAKING.
§29A-3B-9. Submission of legislative rules to the legislative
oversight commission on education accountability.
(a) When the board proposes a legislative rule, the board
shall submit to the legislative oversight commission on education
accountability at its offices or at a regular meeting of the
commission twenty copies of: (1) The full text of the legislative
rule as proposed by the board and filed with the office of the
secretary of state, with new language underlined and with
language to be deleted from any existing rule stricken through
but clearly legible; (2) a brief summary of the content of the
legislative rule and a description and a copy of any existing
rule which the agency proposes to amend or repeal; (3) a
statement of the circumstances which require the rule; (4) a
fiscal note containing all information included in a fiscal note
for either house of the Legislature and a statement of the
economic impact of the rule on the state or its residents; and
(5) any other information which the commission may request or which may be required by law.
(b) The commission shall review each proposed legislative
rule and, in its discretion, may hold public hearings thereon.
Such review shall include, but not be limited to, a determination
of:
(1) Whether the board has exceeded the scope of its
statutory authority in approving the proposed legislative rule;
(2) Whether the proposed legislative rule is in conformity
with the legislative intent of the statute which the rule is
intended to implement, extend, apply, interpret or make specific;
(3) Whether the proposed legislative rule conflicts with any
other provision of this code or with any other rule adopted by
the same or a different agency;
(4) Whether the proposed legislative rule is necessary to
fully accomplish the objectives of the statute under which the
proposed rule was promulgated;
(5) Whether the proposed legislative rule is reasonable,
especially as it affects the convenience of the general public or
of persons particularly affected by it;
(6) Whether the proposed legislative rule could be made less
complex or more readily understandable by the general public; and
(7) Whether the proposed legislative rule was promulgated in
compliance with the requirements of this article and with any
requirements imposed by any other provision of this code.
(c) After reviewing the legislative rule, the commission may
recommend to the board any changes needed to comply with the
legislative intent of the statute upon which the rule is based or
otherwise to modify the activity subject to the rule, or may make
any other recommendations to the board as it considers
appropriate.
(d) When the board finally adopts a legislative rule, the
board shall submit to the legislative oversight commission on
education accountability at its offices or at a regular meeting
of the commission six copies of
the rule as adopted by the board.
After reviewing the legislative rule, the commission may
recommend to the Legislature any statutory changes needed to
clarify the legislative intent of the statute upon which the rule
is based or may make any other recommendations to the Legislature
as it considers appropriate.