H. B. 4319
(By Fahey, Morgan, Perry, Shelton, Paxton, Harrison and
Canterbury)
(Originating in the Committee on Education)
[January 30, 2002]
A BILL to amend and reenact section five, article two-e, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the process for
improving education; making certain findings with respect to
process for improving education and authority and
responsibility of state board and Legislature; further
specifying intent; establishing process for improving
education commission; providing purpose, members,
compensation, expenses, authorization for employees and
meetings; providing for appointment of advisory committee;
providing that nothing in section requires any specific
level of funding; specifying scope of unified school and county improvement plans; requiring consultation with
process for improving education commission prior to
establishing certain standards and measures; requiring
certain standards for student, school and school system
progress; eliminating certain performance standards and
clarifying or strengthening others; requiring consultation
with process for improving education commission prior to
establishing system of education performance audits;
strengthening purposes of system; establishing relationship
of audit with other required reviews and inspections and
prohibiting duplication and more stringent compliance
measures; expanding uses of audit system information;
providing for additional state and regional agencies to be
used for early detection and intervention of low performing
schools; specifying recommendations to be made to process
for improving education commission; expanding purposes of
office of education performance audits; providing for
consultation with process for improving education commission
prior to establishment of office; providing for assistance
to office from certain additional state and regional
agencies; providing for state board designation of certain expert person or persons to participate in on-site audits,
lead teams and complete reports; clarifying that
accreditation and approval shall focus primarily on student
performance and progress and delivery of instruction;
including process for improving education commission as
recipient of certain recommendations by audit office;
eliminating requirement that on site reviews be random and
unannounced; adding evaluation of instructional programs to
purposes of on site reviews; requiring development of
reporting formats for certain information, specifying their
use and providing penalty for intentional or grossly
negligent reporting of false information; providing for five
school-day notice of on site review; authorizing on-site
reviews of limited scope; revising process for appointment
of team to assist person or persons designated by state
board participating in on-site review and requiring office
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 commission; adding progress to the criteria for school accreditation and system approval; providing for
schools and system to remain on full accreditation or
approval for certain period if certain conditions are met;
including process for improving education commission as an
appropriate body for receipt of certain reports on capacity
building; and including principals academy as potential
staff development provider to build capacity.
Be it enacted by the Legislature of West Virginia:
That section five, article two-e, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; process for improving
education commission; education standards and
accountability measures; office of education performance
audits; school accreditation and school system approval;
intervention to correct impairments.
(a) Legislative findings and intent. - The Legislature finds
that the process for improving education includes four primary
elements, those being: (1) standards which set forth the things
that students should know and be able to do as the result of a
thorough and efficient education and include measurable criteria to evaluate student performance and progress toward obtaining a
thorough and efficient education; (2) assessments of student
performance and progress toward obtaining a thorough and
efficient education; (3) a system for holding schools and school
systems accountable for student performance and progress toward
obtaining an education which is thorough and is delivered in an
efficient manner; and (4) a method for building the capacity and
improving the efficiency of schools and school systems to improve
student performance and progress toward obtaining a thorough and
efficient education. 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. The Legislature also finds 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 constructively engaged
in the determination of the things that students should know and
be able to do as the result of a thorough and efficient
education, using the process for improving education to determine
when a thorough and efficient system of schools is or is not
being provided, evaluating the results and the efficiency of the
system of schools, ensuring accountability, and providing for the
necessary capacity and its efficient use. Therefore, the purpose
of this section is to establish a process for improving education
that includes standards, assessment, accountability and capacity
building the four primary elements as set forth in 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. It is
further the intent of this section 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 regularly consult and examine
the performance and progress of students, schools and school
systems and consider alternative measures to ensure that all students continue receiving the thorough and efficient education
to which the are entitled.
(b) Process for Improving Education Commission. -- There is
hereby established a process for improving education commission
for the purpose of providing on-going general oversight of the
process for improving education, including, but not limited to,
determination of the things that student should know and be able
to do as the result of a thorough and efficient education, the
performance and progress of students toward obtaining a thorough
and efficient education, and any further improvements necessary
to increase the capacity of schools and school systems to deliver
a thorough and efficient education. The commission shall be
comprised of the following members: The President of the Senate
and the Speaker of the House of Delegates who shall be ex officio
non voting members; a member of the Senate education committee
and a member of the Senate finance committee appointed by the
President of the Senate; a member of the House of Delegates
education committee and a member of the House of Delegates
finance committee appointed by the Speaker of the House of
Delegates; the state superintendent of schools, ex officio; the
president of the state board, ex officio, who shall chair the commission; the chancellor of the higher education policy
commission, ex officio; and the governor, ex officio, or the
governor's designee. Members appointed to the commission shall
serve until their successors have been appointed as heretofore
provided. The members shall receive compensation and expenses
from their respective agencies and offices as provided by law.
The commission may employ such legal, technical, investigative,
clerical, advisory and other personnel as it deems necessary from
appropriations to the commission and shall utilize the employees
of the represented agencies to the extent possible, upon approval
of the agencies. The commission shall appoint an advisory
committee to provide it with advice and input on the standards
and measures of student performance and progress and any other
matters requested of it by the commission. Members of the
commission and at the direction of the commission, it employees,
may participate as observers in any on-site review of a school or
school system conducted by the office of education performance
audits. The commission may meet at any time both during sessions
of the Legislature and in the interim. Nothing in this section
requires any specific level of funding by the Legislature.
(b) State board rules 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 state board is not required to
promulgate new rules if legislative rules meeting the
requirements of article three-b, chapter twenty-nine-a of this
code have been filed with the office of the secretary of state
before the effective date of this section. The rules shall
specify that the respective school and county unified improvement
plans shall include all other appropriate plans required by law
including, but not limited to, plans in areas such as safe
schools, technology, preventive discipline, and to the extent
permitted by federal law, inclusion and Title I.
(c) High quality education standards and efficiency
standards. -- The state board shall, in accordance with the
provisions of article three-b, chapter twenty-nine-a of this
code, after consultation with the process for improving education
commission, 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 and school performance and progress toward
obtaining a thorough and efficient education;
(12) School and school system performance and progress in
providing a thorough and efficient education;
(12) (13) A code of conduct for students and employees;
(13) (14) Indicators of efficiency; and
(14) (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 districts systems are making progress in achieving the education goals of the state.
The standards shall include measures of student performance
and progress to indicate when a thorough and efficient system of
schools is being provided and 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) Percent of students promoted to the next grade;
(5) (4) The high school graduation rate;
(6) Average class size;
(7) Pupil-teacher ratio and number of exceptions to ratio
requested by county boards and the number granted;
(8) Number of split-grade classrooms;
(9) (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; and the percentage of graduates who become fully
employed within one year of high school graduation all as
reported by the graduates on the assessment form attached to
their individualized student transition plan, pursuant to section
eight of this article and the percentage of graduates reporting;
(10) Pupil-administrator ratio;
(11) Parent involvement;
(12) Parent, teacher and student satisfaction;
(13) Operating expenditures per pupil;
(14) Percentage of graduates who attain the minimum level of
performance in the basic skills recognized by the state board as
laying the foundation for further learning and skill development
for success in college, other postsecondary education and gainful
employment and the grade level distribution in which the minimum
level of performance was met;
(15) (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
minimum foundation level of basic skills level required for
graduation; and
(16) (7) The percentage of students in secondary and middle
schools who are enrolled in and the percentage of students who
successfully completed advanced placement, dual credit and or
honors classes, respectively, by grade level.
(e) Indicators of efficiency. -- The state board shall, in
accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, after consultation with the process
for improving education commission, adopt and periodically review
and update indicators of efficiency for student and school system
performance and processes in the following areas:
(A) (1) Curriculum delivery including, but not limited to,
the use of distance learning;
(B) (2) Transportation;
(C) (3) Facilities;
(D) (4) Administrative practices;
(E) (5) Personnel;
(F) (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
(G) (7) Any other indicators as determined by the state
board, after consultation with the process for improving
education commission.
(f) Assessment and accountability of school and school
system performance and processes. -- The state board shall
establish by rule in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code, after consultation
with the process for improving education commission, 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 toward obtaining a thorough
and efficient education, school and school system performance and progress in providing a thorough and efficient education, 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,
random unannounced on-site review of school and school system
performance and progress and compliance with the standards. An
audit shall determine and report 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 or are in the process of being corrected, and
may not conduct a duplicate review or inspection or mandate more
stringent compliance measures.
(g) Uses of school and school system assessment information.
-- The state board and the process for improving education
commission shall use information from the system of education
performance audits to assist it 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 shall further be used by the state board to assist it in, 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 shall be based on
student performance and progress toward a thorough and efficient
education and school and school system performance and progress
toward providing a thorough and efficient education and such
other measures on measures selected by the state board after
consultation with the process for improving education commission.
The state board shall make accreditation information available to
the Legislature; the governor; and to the general public and 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 in improving to improve
performance before conditions become so grave as to warrant more
substantive state intervention, including, but not limited to,
making additional technical assistance, programmatic,
professional staff development, monetary, and staffing and other
resources available where appropriate, and, if necessary, making
appropriate recommendations to the process for improving
education commission.
(h) Office of education performance audits. -- To assist the
state board and the process for improving education commission in
the operation of the a system of education performance audits
that will enable it 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, after consultation with the process for improving
education commission, 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. The office shall be headed
by a director who shall be appointed by the state board and 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. The state board shall organize and
sufficiently staff the office to fulfill the duties assigned to
it by this section and the state board. Employees of the state
department of education who are transferred to the office of
education performance audits shall retain their benefit and
seniority status with the department of education. 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. An on-site review
of a school or school system shall include a person or persons
who have expert knowledge and experience in the area or areas to
be reviewed and who are designated by the state board from the
department 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 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 in their area of expertise. It is
the intent of Legislature that the persons designated by the
state board will participate in all on-site reviews that involve
their area of expertise to the extent practical so that the on-
site review process will evaluate compliance with the standards
in a uniform, consistent and expert manner. 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:
(1) Assure that all statewide assessments of student
performance are secure as required in section one-a of this
article;
(2) Administer all accountability measures as assigned by
the state board, including, but not limited to, processes for the
accreditation of schools and the approval of school systems which
shall focus primarily on the measurable criteria of student
performance and progress toward obtaining a thorough and
efficient education and the delivery of instruction which will
enable student performance and progress toward obtaining a
thorough and efficient education, and recommend recommending to
the state board appropriate action, including, but not limited
to, accreditation and approval action;
(3) 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, and the state board and the process for improving
education commission, plans to establish those needed capacities;
(4) 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 commission;
(5) 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 commission, the
center for professional development, the regional educational
service agencies, the higher education governing boards policy
commission, and the county boards; and
(6) 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 commission 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.
(i) On-site reviews. -- At the direction of the state board or by weighted, random selection by the office of education
performance audits, an unannounced 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: (1) Evaluating the instructional program; (1)
(2) verifying data reported by the school or county board; (2)
(3) documenting compliance with policies and laws; (3) (4)
evaluating the effectiveness and implementation status of school
and school system unified improvement plans; (4) (5)
investigating official complaints submitted to the state board
that allege serious impairments in the quality of education in
schools or school systems; and (5) (6) 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. The director of the office of
education performance audits shall 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 deemed appropriate and approved by the
state board. Information contained in the reporting formats shall be examined during an on-site review to determine
compliance with said laws, policies and standards. Intentional
and grossly negligent reporting of false information is grounds
for dismissal. The random selection of schools and school
systems for an on-site review shall use a weighted random 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 shall notify the
county superintendent of schools five school days prior to
commencing an on-site review of the county school system and both
the county superintendent and the principal prior to the on-site
review of an individual school. Under the direction of the state
board, 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. When conducting
an on-site review, the director may, in consultation with the
person or persons designated by the state board pursuant to
subsection (h) of this section who will be participating in the
on-site review, appoint a team or teams assist the person or
persons. The teams shall be of such size as deemed necessary
based on the size of the school or school system to be reviewed. shall appoint an education standards compliance review team to
assist it in conducting on-site reviews. The teams shall be
composed of an adequate number of persons who possess the
necessary knowledge, skills and experience to make an accurate
assessment of education programs and who are drawn from a trained
cadre established by the office of education performance audits.
The state board shall have discretion in determining the number
of persons to serve on a standards compliance review team based
on the size of the school or school system as applicable. The
teams shall be led by a member of the office of education
performance audits. The state board 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 an education standards compliance a review
team. 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 an opportunity shall be provided for
principals to be present for at least the portion of the
conference pertaining to their school. In the case of an on-site
review of a school, the exit conference shall be held with the
principal with an opportunity for the superintendent to be present. 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
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 commission.
(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:
Exemplary accreditation status, full accreditation status,
temporary accreditation status, conditional accreditation status,
or shall declare the education programs at the school to be
seriously impaired.
(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 is at a level which would be expected when all of the high quality education standards are being met. A school
which meets or exceeds all of the standards for student
performance and progress and does not have any deficiencies which
would endanger student health or safety or other extraordinary
circumstances as defined by the board, shall remain on full
accreditation status for one year following an on-site review in
which other deficiencies are noted and shall have an opportunity
to correct those deficiencies, notwithstanding other provisions
of this subsection.
(2) Temporary accreditation status shall be given to a
school when the 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 is 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 exceeds the minimal level
which would be expected when all of the high quality education
standards are being met. The state board shall propose
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: (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 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. Upon approval of the recommendations by the
state board, the recommendations shall be made 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: (i) Improve
personnel management; (ii) establish more efficient financial management practices; (iii) improve instructional programs and
rules; or (iv) make any other improvements that are necessary to
correct the impairment.
(C) If the impairment is not corrected by a date certain set
by the state board 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 and
progress, including, but not limited to, the need for targeting
resources strategically to eliminate deficiencies. If the state
board determines that the improvements necessary to provide a
thorough and efficient education to the students at the school
cannot be made without additional targeted resources, 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 section shall be construed to
allow a change in personnel at the school to improve school
performance and progress, except as provided by law.
(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 all
of the standards for student performance and progress and does
not have any deficiencies which would endanger student health or
safety or other extraordinary circumstances as defined by the
board, shall remain on full approval status for one year
following an on-site review in which other deficiencies are noted
and shall have an opportunity to correct those deficiencies,
notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county board
whose education system is below the level required for full
approval. Whenever a county board is given temporary approval
status, the county board shall revise its 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
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. 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. Furthermore,
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. 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. Upon approval of the
recommendations by the state board, the recommendations shall be
made 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; (ii) taking any
direct action necessary to correct the emergency; and (iii)
declaring that the office of the county superintendent is vacant.
(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
(2) That delaying intervention for any period of time would
not be in the best interests of the students of the county school
system.
(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 commission, the Legislature, county boards, schools and
communities, methods for targeting resources strategically to
eliminate deficiencies identified in the assessment and accountability processes by:
(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.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.