Senate Bill No. 599
(By Senators Plymale and Edgell)
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[Introduced February 17, 2003; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact section one, article one, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended;
to amend article two of said
chapter by adding thereto a new section, designated section
five-g; to amend and reenact section one, article three of
said chapter; to amend and reenact sections one, two, four,
ten and eleven, article four of said chapter
; to further amend
said article by adding thereto a new section, designated
section six
; to amend and reenact sections one-a, one-c, four,
fourteen and twenty-five, article five of said chapter; and to
amend and reenact section two, article five-a of said chapter,
all relating to public education generally; state and county
boards of education; state and county superintendents; local
school improvement councils; deleting obsolete language and
making technical changes; clarifying definitions; adding definition of local school improvement council; directing
state board to collect certain information from county boards
and transmit
to the legislative oversight commission on
education accountability by a certain date; clarifying that
state superintendent serves at will and pleasure of state
board; modifying qualifications for state superintendent;
providing criteria for setting salary; requiring annual
performance evaluations; requiring county superintendents to
participate in orientation program under certain
circumstances; requiring county boards to pay cost of
attending orientation program; modifying qualifications for
county superintendent; modifying requirements for filing
health certificates; providing for discontinuing or suspending
employment of county superintendent under certain
circumstances; providing that salary of county superintendents
be increased by an amount appropriate to classification of
training and years of experience when teachers receive a
state-mandated salary increase; requiring that county
superintendents be evaluated at least annually; providing
evaluation criteria; providing for evaluation to take place in
executive session of county board; directing county board to
release a general statement to the public and provide
additional information only by mutual consent of county board
and county superintendent; delineating appropriate uses of evaluation results; requiring all county board members and
county superintendents to participate in initial evaluation
training and, thereafter, at least once every four years;
providing for newly elected board members and newly hired
county superintendents to participate in evaluation training
within first six months of assuming office or as soon
thereafter as training course is available; providing for
county superintendent to carry out executive duties delineated
in contract; directing county superintendent to report
promptly to county board whenever a school appears to be
failing to meet certain standards; directing county
superintendent to keep county board apprised of issues
affecting education in the district; removing requirement for
county superintendent to direct the taking of school census;
adding requirement for county board members to receive
training on school performance issues and providing
conditions; directing that only training programs approved by
the state board may be credited to county board members and
listed in district report card; providing that state board may
consult with education constituency groups when determining
approval status of training programs; requiring county boards
to perform annual self-evaluations using evaluation instrument
approved by state board; authorizing state board to consult
with West Virginia school board association or other appropriate organizations when developing or approving
evaluation instruments; providing evaluation criteria;
providing for summary of evaluation results to be made
available to the public; clarifying that county boards may
meet within the county at locations other than the county
board office; providing that county board members who serve on
other boards, commissions or councils receive certain
compensation; setting maximum number of such meetings per year
for which county board members may be compensated; requiring
county boards to file certain policies with state board;
providing procedures for county boards to meet with councils;
requiring development of agendas and delineating issues to be
covered; specifying reporting dates; requiring annual reports
to state board and legislative oversight commission on
education accountability; specifying that compliance is
determined through accreditation process; providing for open
meetings; deleting certain reporting requirements; setting
membership requirements for councils; directing that elections
not be held before the beginning of instructional term;
providing method for filling vacancies; requiring
certification that council members have received certain
information and reasons why this requirement may not have been
met; setting forth requirements for annual meeting between
county boards and councils; requiring state board to direct preparation of informational video and handbook for council
members by certain date; requiring that copies be made
available to council members; and authorizing the state board
to solicit proposals and enter into contracts for the purpose
of providing training to council members.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; that article two of said chapter be amended
by adding thereto a new section, designated section five-g; that
section one, article three of said chapter be amended and
reenacted; that sections one, two, four, ten and eleven, article
four of said chapter be amended and reenacted; that said article be
further amended by adding thereto a new section, designated section
six; that sections one-a, one-c, four, fourteen and twenty-five,
article five of said chapter be amended and reenacted; and that
section two, article five-a of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR
EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) "School" means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia board of education;
(d) "Board" means the county board of education;
(e) "State superintendent" means the state superintendent of
free schools;
(f) "County Superintendent" or "superintendent" means the
county superintendent of schools;
(g) "Teacher" means teacher, supervisor, principal,
superintendent or public school librarian; registered professional
nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school in
this state;
(h) "Service person" or "Service personnel" means all
nonteaching school employees not included in the above definition
of "teacher";
(i) "Social worker" means a nonteaching school employee who,
at a minimum, possesses an undergraduate degree in social work from
an accredited institution of higher learning and who provides
various professional social work services, activities or methods as defined by the state board for the benefit of students;
(j) "Regular full-time employee" means any person employed by
a county board of education who has a regular position or job
throughout his or her employment term, without regard to hours or
method of pay;
(k) "Career clusters" means broad groupings of related
occupations;
(l) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled
to attend or who, if not placed in a residential facility, would be
entitled to attend public schools in accordance with: (1) Section
five, article two of this chapter; (2) sections fifteen and
eighteen, article five of this chapter; or (3) section one, article
twenty of this chapter;
(n) "Student with a disability" means an exceptional child,
other than gifted, pursuant to section one, article twenty of this
chapter;
(o) "Low density county" means a county whose ratio of student
population to square miles is less than or equal to the state
average ratio as computed by the state department of education;
(p) "High density county" means a county whose ratio of student population to square miles is greater than the state
average ratio as computed by the state department of education; and
(q) "Casual deficit" means a deficit of not more than three
percent of the approved levy estimate or a deficit that is
nonrecurring from year to year; and
(r) "Council" or "councils" means the local school improvement
council or councils collectively, created pursuant to section two,
article five-a of this chapter.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5g. Duty to receive and submit summary of policy
modifications and annual reports.
The state board shall require each county board to provide a
summary of any modifications to the policies or copies of annual
reports developed pursuant to section fourteen, article five of
this chapter. The state board shall submit copies of these
policies and annual reports, together with any comments and
recommendations, to the legislative oversight commission on
education accountability no later than the thirty-first day of
December of each year.
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-1. Appointment; qualifications; compensation; traveling
expenses; office and residence; evaluation.
There shall be appointed by the state board a state superintendent of schools who shall serve at the will and pleasure
of the state board. He or she shall be a person of good moral
character and shall meet the qualifications established by the
state board. of recognized ability as a school administrator,
holding at least a master's degree in educational administration,
and shall have had not less than five years of experience in public
school work He or she shall receive an annual salary set by the
state board, to be paid monthly: Provided, That in setting the
annual salary of the state superintendent, the state board shall
take into account the annual salary paid to the chief school
official in other states, the annual salary paid to the chancellor
of the higher education policy commission and such other factors as
the experience, qualifications and salary history of the successful
applicant. may not exceed one hundred forty-six thousand one
hundred dollars The state superintendent shall also shall receive
necessary traveling expenses incident to the performance of his or
her duties the traveling expenses to be paid out of the general
school fund upon warrants of the state auditor. The state
superintendent shall have his or her office at the state capital
capitol. The state board shall report to the legislative oversight
commission on education accountability upon request concerning its
progress during any hiring process for a state superintendent.
The state board annually shall evaluate the performance of the
state superintendent and publicly announce the results of the evaluation.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent; orientation;
training.
(a) The county superintendent shall be elected by the county
board to serve for a term of not less than one, nor more than four
years. At the expiration of the term or terms for which he or she
shall have has been elected, each county superintendent shall be
is eligible for reelection for additional terms of not less than
one, nor more than four years: Provided, That at the expiration of
his the term or terms of service, he or she shall be given the
status of teacher in the system unless dismissed for statutory
reasons. Such election shall be held on or before the first day of
May and the The person persons so elected shall take office on the
first day of July following the election. A county superintendent
who fills a vacancy caused by an incomplete term shall be appointed
to serve until the following first day of July: Provided, however,
That the county board may appoint an interim county superintendent
to serve for a period not to exceed one hundred twenty days from
the occurrence of the vacancy. The president of the county board,
immediately upon following the election of the county
superintendent, or the appointment of an interim county
superintendent, shall certify the election or appointment to the state superintendent. of schools The county superintendent in
office on the effective date of this section shall continue in
office until the expiration of his term.
(b) Within the initial six months of service as a county
superintendent in a particular county, each county superintendent
shall participate in an orientation program approved by the state
board. The appropriate county board is responsible for the cost
for a county superintendent to attend an approved orientation
program.
(c) Within the initial six months of his or her term, a county
superintendent who has not been employed as a regular, full-time
administrator in the public schools of this state within the past
three years and who is not pursuing a course of study required for
a first class permit shall complete a sustained program of training
in school finance, school law, personnel relations and such other
areas as may be required and approved by the state board. The
appropriate county board is responsible for the cost for a county
superintendent to attend the approved training program.
§18-4-2. Qualifications; health certificate; disability; acting
superintendent.
(a) Each county superintendent shall hold a professional
administrative certificate endorsed for superintendent, or a first
class permit endorsed for superintendent. Provided, That
(b) A first class permit endorsed for superintendent shall be granted to persons who:
(1) Meet the requirements established by the state board; or
(2) Hold a master's degree in education or some other closely-
related field of study; and
(3) Possess at least five years of successful administrative
experience in a field or endeavor of management related to public
education, higher education, business, public policy or other area
closely related to education.
(c) A superintendent who holds a first class permit may be
appointed for only one year only, and may be reappointed two times
for an additional year each upon an annual evaluation by the county
board and a determination of satisfactory performance and
reasonable progress toward completion of the requirements for a
professional administrative certificate endorsed for
superintendent; Provided, however, That
(d) Any candidate for superintendent who possesses an earned
doctorate from an accredited institution of higher education and
has completed three successful years of teaching in public
education and or has the equivalent of three years of experience in
management or supervision as defined by state board rule, upon
employment after employment by the county board of education,
shall be granted a permanent administrative certificate and shall
be a licensed county superintendent;
(c) Upon finding that the course work needed by a superintendent who holds a first class permit endorsed for
superintendent is not available or is not scheduled in a manner at
state institutions of higher education which will enable him or her
to complete the normal requirements for a professional
administrative certificate endorsed for superintendent within the
three-year period allowed for appointment and reappointment under
the permit, the state board shall adopt a rule in accordance with
article three-b, chapter twenty-nine-a of this code, to enable
completion of the requirements, or comparable alternative
requirements, for a professional administrative certificate
endorsed for superintendent.
(e) The state board shall promulgate a rule in accordance
with article three-b, chapter twenty-nine-a of this code, to
address those cases where a county board finds that course work
needed by the county superintendent who holds a first class permit
is not available or is not scheduled at state institutions of
higher education in a manner which will enable the county
superintendent to complete normal requirements for a professional
administrative certificate within the three-year period allowed
under the permit.
(f) Any person employed as assistant superintendent or
educational administrator prior to the twenty-seventh day of June,
one thousand nine hundred eighty-eight, and who was previously
employed as superintendent is not required to hold the professional administrative certificate endorsed for superintendent.
(b) (g) In addition to other requirements set forth in this
section, before entering upon the discharge of his or her duties
the a county superintendent shall meet the following health-related
conditions of employment:
(1) Before entering upon the discharge of his or her duties,
file with the president of the county board a health certificate
from a reputable physician, on a form prescribed by the state
department of education, certifying that he or she is physically
fit for the duties of his or her office and that he or she has no
infectious or contagious disease; and if the superintendent, due to
accident or illness, becomes incapacitated to an extent that could
lead to a prolonged absence, the board, upon unanimous vote, may
enter an order declaring the incapacity and it shall appoint an
acting superintendent until such time as a majority of the members
of the board determine that the incapacity no longer exists.
However, an acting superintendent shall not serve as such for more
than one year, or later than the expiration date of the
superintendent's term, whichever is less, without being reappointed
by the board of education licensed physician certifying the
following:
(A) A tuberculin skin test, approved by the director of the
division of health, has been made within four months prior to the
beginning of the term of the county superintendent; and
(B) The county superintendent does not have tuberculosis in a
communicable state based upon the test results and any further
study;
(2) After completion of the initial test, the county
superintendent shall have an approved tuberculin skin test once
every two years or more frequently if medically indicated.
Positive reactors to the skin test are to be referred immediately
to a physician for evaluation and indicated treatment or further
studies;
(3) A county superintendent who is certified by a licensed
physician to have tuberculosis in a communicable stage shall have
his or her employment discontinued or suspended until the disease
has been arrested and is no longer communicable; and
(4) A county superintendent who fails to complete required
follow-up examinations as set forth in this subsection shall be
suspended from employment until a report of examination is
confirmed.
§18-4-4. Compensation.
After the county superintendent is appointed, but before the
commencement of his or her term, On or before the first day of May
of the year in which the superintendent is appointed the county
board shall fix the annual salary of the county superintendent for
the period of appointment. for the term beginning on the first day
of July following When an increase in the state minimum salary for teachers becomes effective pursuant to an act of the Legislature,
the county board shall increase the annual salary of the county
superintendent by an amount equivalent to the salary increase that
the county superintendent would be due if the county superintendent
were paid under the state minimum salary schedule for teachers at
his or her classification of training and years of experience. The
county board shall pay the salary from the general current expense
fund of the district.
§18-4-6. Evaluation.
(a) At least annually, the county board shall evaluate the
performance of the county superintendent. The evaluation process
to be used shall be one authorized by the state board.
The West
Virginia school board association shall maintain a catalog of
evaluation instruments which comply with this section and shall
make them available to county boards.
(b) At a minimum, the evaluation process shall require the
county superintendent and county board to establish written goals
or objectives for the county superintendent to accomplish within a
given period of time. Additionally, the county board shall
evaluate the county superintendent on his or her success in
improving student achievement generally across the county and
specifically as it relates to the management and administration of
low performing schools.
(c) The evaluation also may cover the performance of a county superintendent in the areas of community relations, school finance,
personnel relations, curricular standards and programs, and overall
leadership of the school district as indicated primarily by
improvements in student achievement, testing and assessment.
(d) The evaluation of a county superintendent shall occur in
executive session. At the conclusion of the evaluation, the county
board shall make available to the public a general statement about
the evaluation process and the overall result. Additional
information about the evaluation may be released only by mutual
consent of the county superintendent and the county board. The
county board may use the evaluation results to determine:
(1) Whether to extend the contract of the county
superintendent;
(2) Whether to offer the county superintendent a new contract;
and
(3) The level of compensation or benefits to offer the county
superintendent in any new or extended contract.
(e) In order to develop proficiency in evaluations, all
county superintendents and members of county boards shall meet the
following conditions as appropriate:
(1) Participate in an intensive training course on
evaluations, approved by the state board, as soon after the
effective date of this section as the course is made available;
(2) After the initial training is complete, participate in an intensive training course on evaluations at least once in every
four years except that a newly-hired county superintendent or a
newly-elected county board member shall attend an intensive
training course on evaluations within the first six months after
assuming office or as soon thereafter as an approved training
course is available.
§18-4-10. Duties.
The county superintendent shall:
(1) Act as the chief executive officer of the county board as
may be delineated in his or her contract or other written agreement
with the county board, and, execute under the direction of the
state board, execute
all its educational education policies;
(2) Nominate all personnel to be employed; in case the county
board of education refuses to employ any or all of the persons
nominated, the county superintendent shall nominate others and
submit the same to the county board of education at such a time as
the county board may direct. but No such person or persons shall
be employed except on the nomination of the county superintendent;
(3) Assign, transfer, suspend or promote teachers and all
other school employees of the district, subject only to the
approval of the county board, and to recommend to the county board
their dismissal pursuant to the provisions of this chapter;
(4) Organize and attend district institutes; organize and
direct reading circles and boys' and girls' clubs Report promptly to the county board in such manner as it directs whenever any
school in the district appears to be failing to meet the standards
for improving education established pursuant to section five,
article two-e of this chapter;
(5) Close temporarily a school temporarily when conditions are
detrimental to the health, safety or welfare of the pupils;
(6) Certify all expenditures and monthly payrolls of teachers
and employees;
(7) Be Serve as the secretary of the county board and attend
all meetings of the county board or its committees, except when his
the tenure, salary or administration of the county superintendent
is under consideration;
(8) Administer oaths and examine under oath witnesses under
oath in any proceedings pertaining to the schools of the district,
and have the testimony reduced to writing;
(9) Keep the county board apprized continuously of any issues
that affect the county board or its schools, programs and
initiatives. The county superintendent shall report to the county
board on these issues using any appropriate means agreeable to both
parties. When practicable, the reports shall be fashioned to
include a broad array of data and information that the county board
may consult to aid in making decisions;
(9) (10) Exercise all other authority granted by this chapter
or required by the county board or state board; and
(10) (11) Act In case of emergency, act as the best interests
of the school demand. Provided, That An emergency, as contemplated
in this section, shall be is limited to an unforeseeable,
catastrophic event including natural disaster or act of war
Provided, however, That and nothing in this section shall may be
construed as granting the county superintendent authority to
override any statutory or constitutional provision in the exercise
of said his or her emergency power except where such authority is
specifically granted in the particular code section.
§18-4-11. Other powers and duties.
The county superintendent shall:
(1) Visit the schools as often as practical practicable;
observe and make suggestions concerning the instruction and
classroom management of the schools and their sanitary conditions;
(2) Report to the county board cases of incompetence, neglect
of duty, immorality or misconduct in office of any teacher or
employee;
(3) Recommend for condemnation buildings unfit for school use;
(4) Direct the taking of the school census;
(5) (4) Call, at his or her discretion, conferences of
principals and teachers to discuss the work of the schools of the
district;
(6) (5) Report to the county board the progress and general
condition of the schools;
(7) (6) Make such reports as are required by the state
superintendent. In case the county superintendent fails to report
as required, the state superintendent may direct that the salary of
the county superintendent superintendent's salary be withheld until
an acceptable report is received; and
(8) (7) Perform all other duties prescribed in this chapter or
required by the county board or the state board.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of members.
(a) No person shall be eligible for membership on any county
board who is not a citizen, resident in such county, or who accepts
a position as teacher or service personnel in the school district
in which he or she is a resident or who is an elected or an
appointed member of any political party executive committee, or who
becomes a candidate for any other office other than to succeed
oneself.
(b) No member or member-elect of any board shall be eligible
for nomination, election or appointment to any public office, other
than to succeed oneself, or for election or appointment as a member
of any political party executive committee, unless and until after
that membership on the board, or his status as member-elect to the
board, has been terminated at or before the time of his filing for
such nomination for, or appointment to, such public office or
committee.
(c) Any person who is elected or appointed to a county board
on or after the fifth day of May, one thousand nine hundred ninety-
two, shall possess at least a high school diploma or a general
educational development (GED) diploma: Provided, That this
provision shall not apply to members or members-elect who have taken
office prior to the fifth day of May, one thousand nine hundred
ninety-two, and who serve continuously therefrom.
(d) No person elected to a county board after the first day of
July, one thousand nine hundred ninety, shall assume the duties of
county board member unless he or she has first attended and
completed a course of orientation relating to boardsmanship and
governance effectiveness which shall be given between the date of
election and the beginning of the member's term of office:
Provided, That a portion or portions of subsequent training such as
that offered in orientation may be provided to members after they
have commenced their term of office: Provided, however, That
attendance at the session of orientation given between the date of
election and the beginning of the member's term of office shall
permit such the member or members to assume the duties of county
board member, as specified in this section. Members appointed to
the board shall attend and complete the next such course offered
following their appointment Provided further, That The provisions
of this section relating to orientation shall do not apply to
members who have taken office prior to the first day of July, one thousand nine hundred eighty-eight, and who serve continuously
therefrom.
(e) Commencing on the effective date of this section, county
board members shall annually receive annually
seven clock hours of
training in areas relating to boardsmanship, and governance
effectiveness and school performance issues including, but not
limited to, pertinent federal statutes such as 20 U.S.C. §6301 et.
seq. and pertinent state statutes such as section five, article
two-e of this chapter. Such This orientation and training shall be
approved by the state board and shall be conducted by the West
Virginia school board association or other organization or
organizations approved by the state board.
(f) The state board may direct that additional training for
county board members on school performance issues be excluded when
calculating the requisite seven hours required by this section. If
the state board elects
to exclude the additional training, the
training shall be limited by the state board to a feasible and
reasonable amount of time.
(g) Only training programs approved by the state board may be
listed to the credit of a county board member in the district report
card as required by subsection (e), section four, article two-e of
this chapter. In making a determination on approval of training
programs, the state board may consult with education constituency
groups including an organized association of school administrators which includes county superintendents.
(h) Failure to attend and complete such an approved course of
orientation and training relating to boardsmanship and governance
effectiveness without good cause as determined by legislative rules
of the state board shall constitute neglect of duty. The state
board shall promulgate a legislative rule setting forth guidelines
to determine what constitutes good cause.
(i) In the final year of any four-year term of office, a member
shall satisfy the annual training requirement before the first day
of January.
(j) The state board shall petition the circuit court of Kanawha
County to remove any county board member who has failed to or who
refuses to attend and complete the approved course of orientation
and training. If the county board member fails to show good cause
for not attending the approved course of orientation and training,
the court shall remove the member from office.
§18-5-1c. Organization of board; evaluation.
(a) On the first Monday of January, following each biennial
primary election, each respective board of education shall organize
and elect for a two-year term, a president from its own membership
and report same promptly to the state superintendent of schools:
Provided, That on the first Monday of January, one thousand nine
hundred eighty-one, each respective board of education shall elect
a president for a term to expire the thirtieth day of June, one thousand nine hundred eighty-two: Provided, however, That On the
first Monday of July, following the each biennial primary election,
in the year one thousand nine hundred eighty-two and each biennial
primary election thereafter each respective county board of
education shall organize and shall elect a president from its own
membership for a two-year term. a president from its own membership
and The county board shall report promptly to the state
superintendent the name of the member elected as county board
president same promptly to the state superintendent of schools
(b) Annually, each county board shall assess its own
performance using an instrument approved by the state board. In
developing or making determinations on approving evaluation
instruments, the state board may consult with the West Virginia
school board association or other appropriate organizations. The
evaluation instrument selected shall focus on the effectiveness of
the county board in the following areas:
(1) Dealing with its various constituency groups and with the
general public;
(2) Providing a proper framework and the governance strategies
necessary to monitor and approve student achievement on a continuing
basis; and
(3) Enhancing the effective utilization of the policy approach
to governance.
At the conclusion of the evaluation, the county board shall make available to the public a summary of the evaluation, including
areas in which the board concludes improvement is warranted.
§18-5-4. Meetings; employment and assignment of teachers; budget
hearing; compensation of members; affiliation with
state and national associations.
(a) The county board shall meet on the first Monday of July,
and upon the dates provided by law for the laying of levies, and at
any other times the county board fixes upon its records. Nothing
herein shall prohibit the county board from conducting regular
meetings in facilities within the county other than the county board
office.
(b) At any meeting as authorized in this section and in
compliance with the provisions of article four of this chapter, the
county board may employ qualified teachers, or those who will
qualify by the time of entering they enter upon their duties,
necessary to fill existing or anticipated vacancies for the current
or next ensuing school year.
(c) At a meeting of the county board, on or before the first
Monday of May, the county superintendent shall furnish in writing
to the county board a list of those teachers to be considered for
transfer and subsequent assignment for the next ensuing school year.
All other teachers not listed are considered as reassigned to the
positions held at the time of this meeting. The list of those
recommended for transfer shall be included in the minute record and the teachers listed shall be notified in writing. The notice shall
be delivered in writing, by certified mail, return receipt
requested, to the teachers' last-known addresses within ten days
following the board meeting, of their having been recommended for
transfer and subsequent assignment.
(b) (d) Special meetings may be called by the president or any
three members, but no business may be transacted other than that
designated in the call.
(c) (e) In addition, a public hearing shall be held concerning
the preliminary operating budget for the next fiscal year not less
fewer than ten days after the budget has been made available to the
public for inspection, and within a reasonable time prior to the
submission of the budget to the state board for approval.
Reasonable time shall be granted at the hearing to any person who
wishes to speak regarding any part of the budget. Notice of the
hearing shall be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code.
(d) (f) A majority of the members of the county board
constitutes the quorum necessary for the transaction of official
business.
(e) (g) Board members may receive compensation at a rate not
to exceed one hundred sixty dollars per meeting attended, but they
may not receive pay for more than fifty meetings in any one fiscal year: Provided, That Board members who serve on an administrative
council of a multi-county vocational center may also may receive
compensation for attending up to twelve meetings of the council at
the same rate as for meetings of the county board. Meetings of the
council are not counted as board meetings for purposes of
determining the limit on compensable board meetings.
(g) Subject to law and with the approval of the county board,
a member appointed by the county board to serve as its
representative on any other board, commission, or council may
receive compensation for attending meetings of those organizations
at a rate not to exceed one hundred dollars per meeting attended for
no more than fifteen meetings in any one fiscal year.
(f) (h) Members shall also shall be paid, upon the presentation
of an itemized sworn statement, for all necessary traveling
expenses, including all authorized meetings, incurred on official
business, at the order of the county board.
(g) (i) When, by a majority vote of its members, a county board
considers it a matter of public interest, the county board may join
the West Virginia school board association and the national school
board association, and may pay the dues prescribed by the
associations and approved by action of the respective county boards.
Membership dues and actual traveling expenses of incurred by board
members for attending meetings of the West Virginia school board
association may be paid by their respective county boards out of funds available to meet actual expenses of the members, but no
allowance may be made except upon sworn itemized statements.
§18-5-14. Policies to promote school board effectiveness.
(a) No later than Prior to the first day of August, one
thousand nine hundred ninety-four two thousand three, each county
board in this state shall adopt and may modify thereafter as
necessary and file with the state board policies that promote school
board effectiveness. These policies may be modified by the county
board as necessary, but shall be refiled with the state board
following each modification. The policies shall address the
following objectives:
(a) (1) Establish Establishing direct links between the county
board and its local school improvement councils, and between the
county board and its faculty senates, for the purpose of enabling
the county board to receive information, comments and suggestions
directly from the councils and faculty senates regarding the broad
guidelines for oversight procedures, standards of accountability and
planning for future needs as required by this section. and To
further development of these linkages, each county boards board
shall:
(A) Meet at least annually with the full membership a quorum
of members from each of their schools' local school improvement
councils council in the district, at a time and in a manner to be
determined by the county board, except, For purposes of this provision, full membership is defined as at least a quorum of the
members of each of the school improvement councils in order to
facilitate scheduling, the county board may develop an alternate
procedure allowing it to conduct the required annual meeting with
each council in the absence of a quorum of members under the
alternate procedure adopted by the county board has received prior
approval from the state board and if the school district serves more
than twenty thousand students or has more than twelve public
schools.
Nothing herein in this section shall prohibit prohibits a
county boards board from meeting with representatives of local
school improvement councils: Provided, That a council, but at least
one annual meeting is shall be held, as specified herein in this
section.
At any time and with reasonable advance notice, county boards
may schedule additional meetings with the council for any low
performing school in the district;
(B) Develop an agenda for the annual meeting with each council
which requires the council chair or a member designated by the
chair, to address items designated by the county board from the
report created pursuant to this section, and one or more of the
following issues:
(i) School performance;
(ii) Curriculum;
(iii) Status of the school in meeting the unified school
improvement plan established pursuant to section five, article two-e
of this chapter; and
(iv) Status of the school in meeting the county plan
established pursuant to section five, article two-e of this chapter;
(C) Make written requests for information from the council
throughout the year or hold community forums to receive input from
the affected community as the county board considers necessary; and
(D) Report details to the state board details concerning such
the meeting or meetings held with councils, as specified herein, and
in this section. such The information shall be provided to the state
board at the conclusion of the school year, but no later than the
first day of September of each year, and shall become an indicator
in the performance accreditation process for each county. In order
to facilitate development of this report, a county board may consult
with and request assistance from members of the councils.
(b) (2) Provide Providing for the development of direct links
between the county board and the community at large allow allowing
for community involvement at regular county board meetings and
specify specifying how the county board will regularly communicate
regularly with the public regarding important issues;
(c) (3) Provide Providing for the periodic review of personnel
policies of the district in order to determine their effectiveness;
(d) (4) Set Setting broad guidelines for the school district, including the establishment of specific oversight procedures,
development and implementation of standards of accountability, and
the development of long-range plans to meet future needs as required
by this section; and
(e) (5) Use Using school-based accreditation and performance
data provided by the state board and other available data in county
board decision making to meet the education goals of the state and
such other goals as the county board may establish.
(c) On or before the first day of August of each year, each
county board shall review the policies listed in subsection (a) of
this section and shall certify to the state board that the review
has been conducted. At the conclusion of the annual review, the
county board may modify these policies as necessary and shall
include a list of the policies to be modified and a summary of the
proposed changes in the certification filed with the state board.
The state board shall submit any proposed modifications to the
legislative oversight commission on education accountability no
later than the thirty-first day of December of each year.
(d) The state board shall receive the annual reports developed
by county boards and shall submit copies to the legislative
oversight commission on education accountability no later than the
thirty-first day of December of each year.
(e) Compliance with the provisions of this section shall be
determined by the office of education performance audits in the course of its annual review of each county school system completed
pursuant to section five, article two-e of this chapter.
(f) All meetings between a council and a county board shall be
subject to the provisions of section three, article nine-a, chapter
six of this code.
§18-5-25. Duties of superintendent as secretary of board.
The county superintendent as secretary of the board shall:
(1) Take the oath prescribed in the constitution before
performing any of the duties of his office;
(2) Attend all board meetings and record its official
proceedings in a book kept for that purpose;
(3) Record the number of each order issued, the name of the
payee, the purpose for which the order was issued, and the amount
thereof. Every order shall be signed by the secretary and the
president of the board;
(4) Care for and keep all papers belonging to the board,
including evidences of title, contracts and obligations. They shall
be kept in the secretary's office, accessibly arranged for
reference;
(5) Record and keep on file all papers and documents pertaining
to the business of the board;
(6) Make a tabular report to the board on or before the
twentieth day of July, annually, showing all the statistics and
facts required by the blanks furnished by the state superintendent. He may collect his material from the annual report of the sheriff,
the teachers' register and such other sources as he thinks
desirable, and he may accompany his report with such explanation and
comment as he deems pertinent;
(7) (6) Keep the accounts and certify the reports required by
law or requested by the board;
(8) (7) Administer oaths to school officers, teachers, and
others making reports;
(9) (8) Deliver in proper condition to his successor all
records and property pertaining to his office; and
(10) (9) Exercise such other duties as are prescribed by law.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-2. Local school improvement councils; election.
(a) A local school improvement council shall be established at
every school consisting of the following:
(1) The principal, who shall serve as an ex officio member of
the council and be entitled to vote;
(2) Three teachers elected by the faculty senate of the school;
(3) Two school service personnel elected by the school service
personnel employed at the school;
(4) Three parent(s), guardian(s) or custodian(s) of students
enrolled at the school elected by the parent(s), guardian(s) or
custodian(s) members of the school's parent teacher organization.:
Provided, That If there is no parent teacher organization at the school, the parent(s), guardian(s) or custodian(s) members shall be
elected by the parent(s), guardian(s) or custodian(s) of students
enrolled at the school in such manner as may be determined by the
principal;
(5) Two at-large members appointed by the principal, one of
whom resides in the school's attendance area and one of whom
represents business or industry, neither of whom is eligible for
membership under any of the other elected classes of members;
(6) In the case of vocational-technical schools, the vocational
director: Provided, That if there is no vocational director, then
the principal may appoint no more than two additional
representatives, one of whom represents business and one of whom
represents industry;
(7) In the case of a school with students in grade seven or
higher, the student body president or other student in grade seven
or higher elected by the student body in those grades.
(b) Under no circumstances shall a majority of the members of
a council be persons who are then employed at the school in any
capacity.
(b) (c) The principal shall arrange for such elections to be
held prior to the fifteenth day of September of each school year to
elect a council and shall give notice of the elections at least one
week prior to the elections being held. To the extent practicable,
all elections to select council members shall be held within the same week except the elections may not be held prior to the
beginning of the instructional term.
(d) Parent(s), guardian(s) or custodian(s), teachers and
service personnel elected to the council shall serve a two-year
term, and elections shall be arranged in such a manner that no more
than two teachers, no more than two parent(s), guardian(s) or
custodian(s), and no more than one service person are elected in a
given year. All other non-ex-officio members shall serve one-year
terms.
(e) Council members may only be replaced upon death,
resignation, failure to appear at three consecutive meetings of the
council for which notice was given, or a change in personal
circumstances so that the person is no longer representative of the
class of members from which appointed. In the case of replacement,
an election shall be held to elect another qualified person to serve
the unexpired term of the person being replaced. When a vacancy
occurs, the chair of the council, elected pursuant to subsection (g)
of this section, shall appoint an interim council member to serve
until another qualified person is elected. The chair shall appoint
an interim member who is representative of the same elected class
of membership as the council member who previously held the seat as
described in subsection (a) of this section.
(c) (f) As soon as practicable after the election of council
members, and no later than the first day of October of each school year, the principal shall convene an organizational meeting of the
school improvement council. The principal shall notify each member
in writing at least two employment days in advance of the
organizational meeting. At this meeting, the members shall receive
a copy of the handbook and shall view the video tape created under
the direction of the state board pursuant to subsection (p) of this
section. At this meeting the principal also shall provide each
member with the following materials:
(1) A copy of the current applicable section sections of this
code; and
(2) Any state board rule or regulation promulgated pursuant to
the operation of these councils.
(g) The council shall elect from its membership a chair and two
members to assist the chair in setting the agenda for each council
meeting. The chair shall serve a term of one year and no person may
serve as chair for more than two consecutive terms. If the position
of chair position becomes vacant for any reason, the principal shall
call a meeting of the council to elect another qualified person to
serve the unexpired term. (d) Once elected, the chair is
responsible for notifying each member of the school improvement
council in writing two employment days in advance of any council
meeting.
(h) Prior to the thirty-first day of October of each year,
the
principal and the chair of the council shall prepare and sign verification forms certifying that each member of the council has
viewed the video tape and has received a copy of the handbook
described in subsection (f) of this section. The verification shall
include the name of any member who did not view the video tape or
who did not receive a copy of the handbook prior to the thirty-first
day of October of each year, and shall include the reason for his
or her failure to view the video tape or to receive the handbook.
Verification of the information provided shall be part of the
accreditation process conducted pursuant to section five, article
two-e of this chapter.
(i) School improvement Councils shall meet at least once every
nine weeks or equivalent grading period at the call of the chair or
by three fourths of its members.
(j) Councils shall meet at least annually with the county
board, in accordance with the provisions of section fourteen,
article five of this chapter. At this annual meeting, the council
chair, or another member designated by the chair, shall be prepared
to address the issues described in paragraph (B), subsection(a),
section fourteen, article five of this chapter and any other
information, comments or suggestions the council wishes to bring to
the attention of the county board. Anything presented under this
subsection shall be submitted to the county board in writing and in
such form as the county board may direct at least thirty days in
advance of the annual meeting.
(k) In order to facilitate development of the county board's
annual report required by section fourteen, article five of this
chapter, the county board may, in its discretion, consult with and
request assistance from members of the councils.
(e) (l) School improvement Councils shall be considered for the
receipt of school of excellence awards under section three of this
article and competitive grant awards under section twenty-nine,
article two of this chapter, and may receive and expend such the
grants for the purposes provided in such section.
In any and all matters which may fall within the scope of both
the school improvement councils and the school curriculum teams
authorized in section five of this article, the school curriculum
teams shall be deemed to have jurisdiction.
In order to promote innovations and improvements in the
environment for teaching and learning at the school, a school
improvement council shall receive cooperation from the school in
implementing policies and programs it may adopt to meet the
following objectives:
(1) Encourage the involvement of parent(s), guardian(s) or
custodian(s) in the process of their child's educational process
children's education and in the school;
(2) Encourage businesses to provide time for their employees
who are parent(s), guardian(s) or custodian(s) to meet with teachers
concerning their child's children's education;
(3) Encourage advice and suggestions from the business
community;
(4) Encourage school volunteer programs and mentorship
programs; and
(5) Foster utilization of the school facilities and grounds for
public community activities.
(f) (m) On or before the eighth day of June, one thousand nine
hundred ninety-five, each local school improvement council shall
develop and deliver a report to the county-wide council on
productive and safe schools. The report shall include guidelines
for the instruction and rehabilitation of pupils who have been
excluded from the classroom, suspended from the school, or expelled
from the school, the description and recommendation of in-school
suspension programs, a description of possible alternative settings,
schedules for instruction, and alternative education programs and
an implementation schedule for such guidelines. The guidelines
shall include the following:
(1) A system to provide for effective communication and
coordination between school and local emergency services agencies;
(2) A preventive discipline program which may include the
responsible students program devised by the West Virginia state
board of education as adopted by the county board of education,
pursuant to the provisions of subsection (e), section one, article
five, chapter eighteen-a of this code; and
(3) A student involvement program, which may include the peer
mediation program or programs devised by the West Virginia state
board of education as adopted by the county board of education,
pursuant to the provisions of subsection (e), section one, article
five, chapter eighteen-a of this code.
(g) (n) The council may include in its report to the county-
wide council on productive and safe schools provisions of the state
board of education policy 4373, Student Code of Conduct, or any
expansion of such this policy which increases the safety of students
in schools in this state and is consistent with the policies and
other laws of this state.
(h) (o) Councils may adopt their own guidelines established
under this section. In addition, the councils may adopt all or any
part of the guidelines proposed by other local school improvement
councils, as developed under this section, which are not
inconsistent with the laws of this state, the policies of West
Virginia the state board of education or the policies of the county
board of education.
(p) Prior to the first day of August, two thousand four, the
state board shall direct the preparation of and shall submit to the
principal of each school a video tape and handbook explaining the
powers and duties of councils and emphasizing the interpretation of
test scores and the role of the office of education performance
audits in public education. The state board may modify these materials at any time as necessary or appropriate.
(q) Annually each principal shall make copies of the most
recent version of the handbook and distribute it to newly-elected
council members and shall arrange for members of the council to view
the video tape created pursuant to subsection (f) of this section.
(i) (r) The state board of education shall provide assistance
to a local school improvement council upon receipt of a reasonable
request for that assistance. The state board further may solicit
proposals from other parties or entities to train council members
and may enter into contracts or agreements for that purpose. Any
training for members shall meet the guidelines established by the
state board.
NOTE: The purpose of this bill is to clarify certain
responsibilities of the state superintendent, county superintendent
and state and county boards; to direct training for superintendents
and board members; to establish performance and salary increase
criteria; to require annual performance evaluations; to clarify and
add to the definitions; and to make certain technical changes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18-2-5g and §18-4-6 are new; therefore, underscoring and
strike-throughs have been omitted.