Senate Bill No. 460
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
____________
[Introduced March 4, 2005; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to repeal §5-1B-1, §5-1B-2, §5-1B-3, §5-1B-4, §5-1B-5, §5-
1B-6, §5-1B-7 and §5-1B-8 of the Code of West Virginia, 1931,
as amended; to repeal §5-26-1, §5-26-2, §5-26-2a, §5-26-2b,
§5-26-3, §5-26-4, §5-26-5, §5-26-6 and §5-26-8 of said code;
to repeal §18A-3A-1, §18A-3A-2, §18A-3A-2a, §18A-3A-2b, §18A-
3A-3 and §18A-3A-4 of said code; to amend said code by adding
thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3,
§5A-6-4, §5A-6-5, §5A-6-6, §5A-6-7 and §5A-6-8; to amend and
reenact §5A-7-4 of said code; to amend and reenact §5A-8-15 of
said code; to amend and reenact §5B-3-4 and §5B-3-5 of said
code; to amend and reenact §9-1-2 of said code; to amend said
code by adding thereto four new sections, designated §9-2-6b,
§9-2-6c, §9-2-6d and §9-2-6e of said code; to amend said code
by adding thereto a new section, designated §9-4-1a; to amend
and reenact §10-5-2 of said code; to amend and reenact §11-
10A-6 and §11-10A-7 of said code; to amend and reenact §16-5K-2 and §16-5K-4 of said code; to amend and reenact §17-16A-3
and §17-16A-10 of said code; to amend and reenact §18-2-23a of
said code; to amend and reenact §18-2E-3g and §18-2E-5 of said
code; to amend and reenact §18-2I-3 and §18-2I-4 of said code;
to amend and reenact §18-5-18d of said code; to amend and
reenact §18A-1-1 of said code; to amend and reenact §18A-2-9
and §18A-2-12 of said code; to amend and reenact §18A-3-1,
§18A-3-2b and §18A-3-2c of said code; to amend and reenact
§18A-3A-5 of said code; and to amend and reenact §49-9-3 and
§49-9-15 of said code, all relating to the reorganization of
the executive branch of state government; transferring the
Office of Technology from the Office of the Governor to the
Department of Administration; providing that the Director of
Information Services and Communications Division shall report
to the Chief Technology Officer; defining certain terms;
providing additional duties for the Secretary of Health and
Human Resources; transferring the Citizen's Advisory Council
and the Children's Fund from the Governor's Cabinet on
Children and Families to the Department of Health and Human
Resources; making technical corrections throughout the code;
providing for the appointment, powers and duties of the
Educational Broadcasting Authority; providing for the
appointment, powers, duties and authority of the Executive
Director of the Educational Broadcasting Authority; providing
for the appointment, powers and duties of the Parkways,
Economic Development and Tourism Authority; providing for the appointment, powers, duties, authority and compensation of the
Executive Director of the Parkways, Economic Development and
Tourism Authority; modifying the term of the Chief
Administrative Law Judge of the Office of Tax Appeals;
providing that the Governor has the authority to appoint two
administrative law judges to the Office of Tax Appeals;
providing that the Department of Education shall create a
master plan for professional staff development; providing that
the Advanced Placement Center shall be in the Department of
Education and the Arts; and establishing the Principals
Academy within the Department of Education.
Be it enacted by the Legislature of West Virginia:
That §5-1B-1, §5-1B-2, §5-1B-3, §5-1B-4, §5-1B-5, §5-1B-6, §5-
1B-7 and §5-1B-8 of the Code of West Virginia, 1931, as amended, be
repealed; that §5-26-1, §5-26-2, §5-26-2a, §5-26-2b, §5-26-3, §5-
26-4, §5-26-5, §5-26-6 and §5-26-8 of said code be repealed; that
§18A-3A-1, §18A-3A-2, §18A-3A-2a, §18A-3A-2b, §18A-3A-3 and §18A-
3A-4 of said code be repealed; that said code be amended by adding
thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-
4, §5A-6-5, §5A-6-6, §5A-6-7 and §5A-6-8; that §5A-7-4 of said code
be amended and reenacted; that §5A-8-15 of said code be amended and
reenacted; that §5B-3-4 and §5B-3-5 of said code be amended and
reenacted; that §9-1-2 of said code be amended and reenacted; that
said code be amended by adding thereto four new sections,
designated §9-2-6b, §9-2-6c, §9-2-6d and §9-2-6e; that said code be
amended by adding thereto a new section, designated §9-4-1a; that §10-5-2 of said code be amended and reenacted; that §11-10A-6 and
§11-10A-7 of said code be amended and reenacted; that §16-5K-2 and
§16-5K-4 of said code be amended and reenacted; that §17-16A-3 and
§17-16A-10 of said code be amended and reenacted; that §18-2-23a of
said code be amended and reenacted; that §18-2E-3g and §18-2E-5 of
said code be amended and reenacted; that §18-2I-3 and 18-2I-4 of
said code be amended and reenacted; that §18-5-18d of said code be
amended and reenacted; that §18A-1-1 of said code be amended and
reenacted; that §18A-2-9 and §18A-2-12 of said code be amended and
reenacted; that §18A-3-1, §18A-3-2b and §18A-3-2c be amended and
reenacted; that §18A-3A-5 of said code be amended and reenacted;
and that §49-9-3 and §49-9-15 of said code be amended and
reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 6. OFFICE OF TECHNOLOGY
§5A-6-1. Findings and purposes.
The Legislature finds and declares that information technology
is essential to finding practical solutions to the everyday
problems of government, and that the management goals and purposes
of government are furthered by the development of compatible,
linked information systems across government. Therefore, it is the
purpose of this article to create, as an integral part of the
Department of Administration, the Office of Technology with the
authority to advise and make recommendations to all state spending
units on their information systems.
§5A-6-2. Definitions.
As used in this article:
(a) "Information systems" means computer-based information
equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by
electronic or mechanical means;
(b) "Information technology" means data processing and
telecommunications hardware, software, services, supplies,
personnel, maintenance and training, and includes the programs and
routines used to employ and control the capabilities of data
processing hardware;
(c) "Information equipment" includes central processing units,
front-end processing units, miniprocessors, microprocessors and
related peripheral equipment such as data storage devices,
networking equipment, services, routers, document scanners, data
entry equipment, terminal controllers, data terminal equipment,
computer-based word processing systems other than memory
typewriters and equipment and systems for computer networks;
(d) "Related services" include feasibility studies, systems
design, software development and time-sharing services whether
provided by state employees or others;
(e) "Telecommunications" means any transmission, emission or
reception of signs, signals, writings, images or sounds of
intelligence of any nature by wire, radio or other electromagnetic
or optical systems. The term includes all facilities and equipment
performing those functions that are owned, leased or used by the
executive agencies of state government;
(f) "Chief Technology Officer" means the person holding the position created in section three of this article and vested with
authority to assist state spending units in planning and
coordinating information systems that serve the effectiveness and
efficiency of the individual state spending units, and further the
overall management goals and purposes of government; and
(g) "Experimental program to stimulate competitive research"
(EPSCoR) means the West Virginia component of the national EPSCoR
program which is designed to improve the competitive research and
development position of selected states through investments in
academic research laboratories and laboratory equipment. The
recognized West Virginia EPSCoR, which is part of the office of
technology, is the responsible organization for the coordination
and submission of proposals to all federal agencies participating
in the EPSCoR program.
§5A-6-3. Office of Technology; Chief Technology Officer;
appointment and qualifications.
There is hereby created the Office of Technology within the
Department of Administration. There shall also be a Chief
Technology Officer, who shall be appointed by and shall serve at
the will and pleasure of the Governor. The Chief Technology
Officer shall have knowledge in the field of information
technology, experience in the design and management of information
systems and an understanding of the special demands upon government
with respect to budgetary constraints, the protection of privacy
interests and federal and state standards of accountability.
§5A-6-4. Powers and duties; professional staff.
(a) With respect to all state spending units the Chief Technology Officer may:
(1) Develop an organized approach to information resource
management for this state;
(2) Provide, with the assistance of the Information Services
and Communications Division of the Department of Administration,
technical assistance to the administrators of the various state
spending units in the design and management of information systems;
(3) Evaluate, in conjunction with the information services and
communications division, the economic justification, system design
and suitability of information equipment and related services, and
review and make recommendations on the purchase, lease or
acquisition of information equipment and contracts for related
services by the state spending units;
(4) Develop a mechanism for identifying those instances where
systems of paper forms should be replaced by direct use of
information equipment and those instances where applicable state or
federal standards of accountability demand retention of some paper
processes;
(5) Develop a mechanism for identifying those instances where
information systems should be linked and information shared, while
providing for appropriate limitations on access and the security of
information;
(6) Create new technologies to be used in government, convene
conferences and develop incentive packages to encourage the
utilization of technology;
(7) Engage in any other activities as directed by the
governor; and
(8) Charge a fee to the state spending units for evaluations
performed and technical assistance provided under the provisions of
this section. All fees collected by the Chief Technology Officer
shall be deposited in a special account in the state treasury to be
known as the "Chief Technology Officer Administration Fund".
Expenditures from the fund shall be made by the chief technology
officer for the purposes set forth in this article and are not
authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code. Amounts collected which are found from time to
time to exceed the funds needed for purposes set forth in this
article may be transferred to other accounts or funds and
redesignated for other purposes by appropriation of the
Legislature.
(b) With respect to executive agencies only, the Chief
Technology Officer may:
(1) Develop a unified and integrated structure for information
systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and
time lines for addressing the information technology requirements
of the various executive agencies of state government;
(3) Exercise such authority inherent to the chief executive of
the state as the Governor may, by executive order, delegate, to
overrule and supersede decisions made by the administrators of the
various executive agencies of government with respect to the design and management of information systems and the purchase, lease or
acquisition of information equipment and contracts for related
services;
(4) Draw upon staff of other executive agencies for advice and
assistance in the formulation and implementation of administrative
and operational plans and policies; and
(5) Recommend to the Governor transfers of equipment and human
resources from any executive agency and the most effective and
efficient uses of the fiscal resources of executive agencies, to
consolidate or centralize information-processing operations.
(c) The Chief Technology Officer may employ the personnel
necessary to carry out the work of the office and may approve
reimbursement of costs incurred by employees to obtain education
and training.
§5A-6-5. Notice of request for proposals by state spending units
required to make purchases through the State Purchasing
Division.
Any state spending unit that is required to submit a request
for proposal to the State Purchasing Division prior to purchasing
goods or services shall notify the Chief Technology Officer, in
writing, of any proposed purchase of goods or services related to
its information and telecommunication systems. The notice shall
contain a brief description of the goods and services to be
purchased. The state spending unit shall provide the notice to the
Chief Technology Officer at the same time it submits its request
for proposal to the State Purchasing Division.
§5A-6-6. Notice of request for proposals by state spending unitsexempted from submitting purchases to the State
Purchasing Division.
(a) Any state spending unit that is not required to submit a
request for proposal to the State Purchasing Division prior to
purchasing goods or services shall notify the Chief Technology
Officer, in writing, of any proposed purchase of goods or services
related to its information or telecommunication systems. The notice
shall contain a detailed description of the goods and services to
be purchased. The state spending unit shall provide the notice to
the Chief Technology Officer a minimum of ten days prior to the
time it requests bids on the provision of the goods or services.
(b) If the Chief Technology Officer evaluates the suitability
of the information and telecommunication equipment and related
services under the provisions of subdivision (3), subsection (a),
section four of this article and determines that the goods or
services to be purchased are not suitable, he or she shall, within
ten days of receiving the notice from the state spending unit,
notify the state spending unit, in writing, of any recommendations
he or she has regarding the proposed purchase of the goods or
services. If the state spending unit receives a written notice from
the Chief Technology Officer within the time period required by
this section, the state spending unit shall not put the goods or
services out for bid less than fifteen days following receipt of
the notice from the Chief Technology Officer.
§5A-6-7. Biannual report.
The Chief Technology Officer shall report biannually to the
Legislative Joint Committee on Government and Finance on the activities of his or her office.
§5A-6-8. Exemptions.
The provisions of this article do not apply to the Legislature
or the Judiciary.
ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.
§5A-7-4. Powers and duties of division generally; professional
staff; telephone service.
(a) The Division is responsible for providing technical
services and assistance to the various state spending units with
respect to developing and improving data processing and
telecommunications functions. The Division may provide training
and direct data processing services to the various state agencies.
The Division shall, upon request of the Chief Technology Officer,
within the office of the governor provide technical assistance in
evaluating the economic justification, system design and
suitability of equipment and systems used in state government. The
Director shall report to the Chief Technology Officersecretary.
(b) The Director is responsible for the development of
personnel to carry out the technical work of the Division and may
approve reimbursement of costs incurred by employees to obtain
education and training.
(c) The Director may assess each state spending unit for the
cost of any evaluation of the economic justification, system design
and suitability of equipment and systems used by the state spending
unit or any other technical assistance that is provided or
performed by the Chief Technology Officer and the Division under
the provisions of section four, article one-b of this chapter.
(d) The Director shall transfer any moneys received as a
result of the assessments that he or she makes under subsection(c)
of this section to the Office of chief Technology officer. The
Director shall report quarterly to the Joint Committee on
Government and Finance on all assessments made pursuant to
subsection (c) of this section.
(e) The Director shall maintain an accounting system for all
telephone service to the state.
(f) The provisions of this article do not apply to the
Legislature or the Judiciary.
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
§5A-8-15. Records management and preservation of county records;
alternate storage of county records; Records
Management and Preservation Board created;
qualifications and appointment of members;
reimbursement of expenses; staffing; rule-making
authority; study of records management needs of state
agencies; grants to counties.
The Legislature finds that the use of electronic technology
and other procedures to manage and preserve public records by
counties should be uniform throughout the state where possible.
(a) The governing body and the chief elected official of any
unit of each county, hereinafter referred to as a county government
entity, whether organized and existing under a charter or under
general law, shall promote the principles of efficient records
management and preservation of local records. Such county governing
entity may, as far as practical, follow the program established for the uniform management and preservation of county records as set
out in a rule or rules proposed for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code as proposed by the Records Management and
Preservation Board established herein.
(b) In the event any such governing body or the chief elected
official of a unit of a county government entity decides to destroy
or otherwise dispose of a county record, the governing body or such
chief elected official may, prior to destruction or disposal
thereof, offer the record to the Director of the Section of
Archives and History of the Division of Culture and History for
preservation of the record as a document of historical value.
Unless authorized by the Supreme Court of Appeals, the records of
courts of record and magistrate courts are not affected by the
provisions of this section.
(c) A preservation duplicate of a county government entity
record may be stored in any format, approved by the Board as
hereinafter established, where the image of the original record is
preserved in a form, including CD-ROM and optical image storage
media, in which the image thereof is incapable of erasure or
alteration and from which a reproduction of the stored record may
be retrieved which truly and accurately depicts the image of the
original county government record.
Except for those formats, processes and systems used for the
storage of records on the effective date of this section, no
alternate format for the storage of county government entity
records described in this section is authorized for the storage of county government entity records unless the particular format has
been approved pursuant to a legislative rule promulgated by the
Board as herein created in accordance with the provisions of
chapter twenty-nine-a of this code. The Board as herein established
may prohibit the use of any format, process or system used for the
storage of records upon its determination that the same is not
reasonably adequate to preserve the records from destruction,
alteration or decay.
Upon creation of a preservation duplicate which stores an
original county government entity record in an approved format in
which the image thereof is incapable of erasure or alteration and
from which a reproduction of the stored record may be retrieved
which truly and accurately depicts the image of the original
record, the county government entity may destroy or otherwise
dispose of the original in accordance with the provisions of
section seven-c, article one, chapter fifty-seven of this code.
(d) There is hereby created a Records Management and
Preservation Board for county government entities, to be composed
of nine members.
(1) Three members shall serve ex officio. One member shall be
the Commissioner of the Division of Culture and History who shall
be the chairman of the Board. One member shall be the Administrator
of the Supreme Court of Appeals. One member shall be the
administrator of the governor's office of Chief Technology Officer
or his or her designee.
(2) The Governor shall appoint six members of the Board with
the advice and consent of the Senate. Not more than five appointments to the Board may be from the same political party and
not more than three members may be appointed from the same
congressional district. Of the six members appointed by the
governor: (i) Three appointments shall be county elected officials,
one of whom shall be a clerk of the county commission, one of whom
shall be a circuit court clerk and one of whom shall be a county
commissioner, to be selected from a list of nine names, including
the names of three clerks of county commissions and three circuit
court clerks submitted to the Governor by the West Virginia
association of counties and the names of three county commissioners
submitted to the governor jointly by the West Virginia association
of counties and the West Virginia county commissioners association;
(ii) one appointment shall be a county prosecuting attorney to be
selected from a list of three names submitted by the West Virginia
prosecuting attorneys institute; (iii) one appointment shall be an
attorney licensed in West Virginia and in good standing as a member
of the state bar with experience in real estate and mineral title
examination, to be selected from a list of three names submitted by
the state bar; and (iv) one appointment shall be a representative
of a local historical or genealogical society.
(e) The members of the Board shall serve without compensation
but shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their duties as members of
the Board. In the event the expenses are paid, or are to be paid,
by a third party, the member shall not be reimbursed by the state.
(f) The staff of the Board shall consist of the Director of
the Archives and History Section of the Division of Culture and History and such staff as he or she may designate to assist him or
her.
(g) On or before the first day of July, two thousand one, the
Board shall propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code to establish a system of records management and preservation
for county governments: Provided, That, for the retention and
disposition of records of courts of record and magistrate courts,
the implementation of the rule is subject to action of the West
Virginia Supreme Court of Appeals. The proposed rule or rules shall
include provisions for establishing a program of grants to county
governments for making records management and preservation uniform
throughout the state. The Board is not authorized to propose or
promulgate emergency rules under the provisions of this section.
(h) On or before the first day of April, two thousand two, the
Board, in cooperation with the administrator and state executive
agencies under the general authority of the Governor, shall conduct
a study of the records management and preservation needs of state
executive agencies. Should the Board determine a need for a uniform
records management and preservation system for such agencies, it
shall recommend that the administrator propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to provide for the
implementation of a uniform records management and preservation
system for state executive agencies.
(i) In addition to the fees charged by the clerk of the county
commission under the provisions of section ten, article one, chapter fifty-nine of this code, the clerk shall charge and collect
an additional one-dollar fee for every document containing less
than ten pages filed for recording and an additional one-dollar fee
for each additional ten pages of such document filed for recording.
At the end of each month, the clerk of the county commission shall
deposit into the special public records and preservation account as
herein established in the State Treasury all fees collected:
Provided, That the clerk may retain not more than ten percent of
such fees for costs associated with the collection of the fees.
Clerks shall be responsible for accounting for the collection and
deposit in the state treasury of all fees collected by such clerk
under the provisions of this section.
There is hereby created in the State Treasury a special
account entitled the "public records and preservation revenue
account". The account shall consist of all fees collected under the
provisions of this section, legislative appropriations, interest
earned from fees, investments, gifts, grants or contributions
received by the Board. Expenditures from the account shall be for
the purposes set forth in this article and are not authorized from
collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code: Provided, That for the fiscal year ending the
thirtieth day of June, two thousand one, expenditures are
authorized from collections rather than pursuant to an
appropriation by the Legislature.
Subject to the above provision, the Board may expend the funds
in the account to implement the provisions of this article. In
expending funds from the account, the Board shall allocate not more
than fifty percent of such funds for grants to counties for records
management, access and preservation purposes. The Board shall
provide for applications, set guidelines and establish procedures
for distributing grants to counties including a process for
appealing an adverse decision on a grant application. Expenditures
from the account shall be for the purposes set forth in this
section, including the cost of additional staff of the Division of
Archives and History.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 3. WEST VIRGINIA ECONOMIC DEVELOPMENT STRATEGY: A VISION
SHARED.
§5B-3-4. Commission review of procedural rules, interpretive rules
and existing legislative rules.
(a) The Joint Commission on Economic Development may review
any procedural rule, interpretive rule or existing legislative rule
and make recommendations concerning the rules to the Legislature.
(b) The Development Office and the Tourism Commission
established pursuant to article two of this chapter, the Economic
Development Authority established pursuant to article fifteen,
chapter thirty-one of this code, the Bureau of Employment Programs
established pursuant to article four, chapter twenty-one-a of this
code, the Workers' Compensation Commission established pursuant to
article one, chapter twenty-three of this code, the Workforce
Investment Commission established pursuant to article two-c of this chapter, West Virginia Jobs Investment Trust, Regional Planning and
Development Councils, West Virginia Rural Development Council,
governor's Office of Technology and West Virginia Clearinghouse for
Workforce Education shall each file a copy of its legislative rules
with the commission as provided for in this section. Each agency
that proposes legislative rules in accordance to the provisions of
article three, three-a or three-b, chapter twenty-nine-a of this
code relating to economic development or workforce development
shall file the rules with the Joint Commission at the time the
rules are filed with the Secretary of State prior to the public
comment period or public hearing required in said chapter.
§5B-3-5. Joint commission on economic development studies.
(a) The Joint Commission on Economic Development shall study
the following:
(1) The feasibility of establishing common regional
configurations for such purposes as local workforce investment
areas, regional educational service agencies and for all other
purposes the commission considers feasible. The study should
review the existing levels of cooperation between state and local
economic developers, complete an analysis of possible regional
configurations and outline examples of other successful regional
systems or networks found throughout the world. If the study
determines that the common regional configurations are feasible,
the commission shall recommend legislation establishing common
regional designations for all purposes the commission considers
feasible. In making the designation of regional areas, the study
shall take into consideration, but not be limited to, the following:
(A) Geographic areas served by local educational agencies and
intermediate educational agencies;
(B) Geographic areas served by post-secondary educational
institutions and area vocational education schools;
(C) The extent to which the local areas are consistent with
labor market areas;
(D) The distance that individuals will need to travel to
receive services provided in the local areas; and
(E) The resources of the local areas that are available to
effectively administer the activities or programs;
(2) The effectiveness and fiscal impact of incentives for
attracting and growing businesses, especially technology-intensive
companies; and
(3) A comprehensive review of West Virginia's existing
economic and community development resources and the recommendation
of an organizational structure, including, but not limited to, the
reorganization of the Bureau of Commerce and the Development Office
that would allow the state to successfully compete in the new
global economy.
(b) In order to effectuate in the most cost-effective and
efficient manner the studies required in this article, it is
necessary for the Joint Commission to assemble and compile a
tremendous amount of information. The Development Office will
assist the Joint Commission in the collection and analysis of this
information. The Tourism Commission established pursuant to article
two of this chapter, the Economic Development Authority established pursuant to article fifteen, chapter thirty-one of this code, the
Bureau of Employment Programs established pursuant to article four,
chapter twenty-one-a of this code, the Workers' Compensation
Commission established pursuant to article one, chapter twenty-
three of this code, the Workforce Investment Commission established
pursuant to article two-c of this chapter, West Virginia Jobs
Investment Trust, regional planning and development councils, West
Virginia Rural Development Council, governor's Office of Technology
and West Virginia Clearinghouse for Workforce Education all shall
provide a copy of the agency's annual report as submitted to the
Governor in accordance with the requirements set forth in section
twenty, article one, chapter five of this code to the West Virginia
Development Office. The Development Office shall review, analyze
and summarize the data contained in the reports, including its own
annual report, and annually submit its findings to the Joint
Commission on or before the thirty-first day of December.
(c) The Legislative Auditor shall provide to the Joint
Commission a copy of any and all reports on agencies listed in
subsection (b) of this section, which are required under article
ten, chapter four of this code.
(d) The Joint Commission shall complete the studies set forth
in this section and any other studies the Joint Commission
determines to undertake prior to the first day of December of each
year and may make recommendations, including recommended
legislation for introduction during the regular session of the
Legislature.
CHAPTER 9. HUMAN SERVICES.
ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS.
§9-1-2. Definitions.
The following words and terms when used in this chapter have
the meanings indicated unless the context clearly indicates a
different meaning, and any amendment of this section applies to any
verdict, settlement, compromise or judgment entered after the
effective date of the amendments to this section enacted during the
regular session of the Legislature, one thousand nine hundred
ninety-five.
(a) The term "Department" means the State Division of Human
Services.
(b) The term "Commissioner" means the Commissioner of Human
Services.
(c) The term "federal-state assistance" means and includes:
(1) All forms of aid, care, assistance and services to or on
behalf of persons, which are authorized by, and who are authorized
to receive the same under and by virtue of, subchapters one, four,
five, ten, fourteen, sixteen, eighteen and nineteen, chapter seven,
Title 42, United States Code, as those subchapters have heretofore
been and may hereafter be amended, supplemented and revised by acts
of Congress, and as those subchapters so amended, supplemented and
revised have heretofore been and may hereafter be supplemented by
valid rules and regulations promulgated by authorized federal
agents and agencies, and as those subchapters so amended,
supplemented and revised have heretofore been and may hereafter be
supplemented by rules promulgated by the State Division of Human
Services, which Division rules shall be consistent with federal laws, rules and regulations, but not inconsistent with state law;
and
(2) all forms of aid, care, assistance and services to
persons, which are authorized by, and who are authorized to receive
the same under and by virtue of, any act of Congress, other than
the federal social security act, as amended, for distribution
through the state Division of Human Services to recipients of any
form of aid, care, assistance and services to persons designated or
referred to in (1) of this definition and to recipients of state
assistance, including by way of illustration, surplus food and food
stamps, which Congress has authorized the secretary of agriculture
of the United States to distribute to needy persons.
(d) The term "federal assistance" means and includes all forms
of aid, care, assistance and services to or on behalf of persons,
which are authorized by, and who are authorized to receive the same
under and by virtue of, any act of Congress for distribution
through the state Division of Human Services, the cost of which is
paid entirely out of federal appropriations.
(e) The term "state assistance" means and includes all forms
of aid, care, assistance, services and general relief made possible
solely out of state, county and private appropriations to or on
behalf of indigent persons, which are authorized by, and who are
authorized to receive the same under and by virtue of, state
Division of Human Services' rules.
(f) The term "welfare assistance" means the three classes of
assistance administered by the state Division of Human Services,
namely: Federal-state assistance, federal assistance and state assistance.
(g) The term "indigent person" means any person who is
domiciled in this state and who is actually in need as defined by
Department rules and has not sufficient income or other resources
to provide for such need as determined by the state Division of
Human Services.
(h) The term "domiciled in this state" means being physically
present in West Virginia accompanied by an intention to remain in
West Virginia for an indefinite period of time, and to make West
Virginia his or her permanent home. The state Division of Human
Services may by rules supplement the foregoing definition of the
term "domiciled in this state", but not in a manner as would be
inconsistent with federal laws, rules, and regulations applicable
to and governing federal-state assistance.
(i) The term "medical services" means medical, surgical,
dental and nursing services, and other remedial services recognized
by law, in the home, office, hospital, clinic and any other
suitable place, provided or prescribed by persons permitted or
authorized by law to give such services; the services to include
drugs and medical supplies, appliances, laboratory, diagnostic and
therapeutic services, nursing home and convalescent care and such
other medical services and supplies as may be prescribed by the
persons.
(j) The term "general relief" means cash or its equivalent in
services or commodities expended for care and assistance to an
indigent person other than for care in a county infirmary, child
shelter or similar institution.
(k) The term "Secretary" means the Secretary of the Department
of Health and Human Resources.
(l) The term "estate" means all real and personal property and
other assets included within the individual's estate as defined in
the state's probate law.
(m) The term "services" means nursing facility services, home
and community-based services, and related hospital and prescription
drug services for which an individual received medicaid medical
assistance.
(n) The term "state medicaid agency" means the Division of the
Department of Health and Human Resources that is the federally
designated single state agency charged with administration and
supervision of the state medicaid program.
(o) The term "family resource network" means a local community
organization charged with service coordination, needs and resource
assessment, planning, community mobilization and evaluation, and
which has been recognized by the secretary as having met the
following criteria:
(1) Agreeing to a single governing entity;
(2) Agreeing to engage in activities to improve service
systems for children and families within the community;
(3) Addressing a geographic area of a county or two or more
contiguous counties;
(4) Having nonproviders, which include family representatives
and other members who are not employees of publicly funded
agencies, as the majority of the members of the governing body, and
having family representatives as the majority of the nonproviders;
(5) Having representatives of local service agencies,
including, but not limited to, the Public Health Department, the
behavioral health center, the local health and human resources
agency and the county school district, on the governing body;
(6) Accepting principles consistent with the cabinet's mission
as part of its philosophy.
Provided, however, that a family resource network may not provide
direct services, which means to provide programs or services
directly to children and families.
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF
COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-6b. Duties of Secretary generally.
(a) In addition to all other duties and responsibilities
assigned to the Secretary in this article and elsewhere by law, the
secretary shall:
(1) Establish, oversee, evaluate and provide technical
assistance, and such moneys as may be made available by legislative
appropriation to family resource networks, starting points centers,
early parent education programs and other community based
initiatives;
(2) Develop a cross-agency multi-year state plan consistent
with priorities established by local plans developed by family
resource networks, which includes provisions for regular updates of
the plan and which requires the Secretary to:
(A) Articulate core results desired by the state for its
children and families;
(B) Choose indicators to measure progress in reaching core
results;
(C) Establish baseline data for measuring progress by
examining current conditions and trends;
(D) Set targets and explore strategies for improving the lives
of children and families;
(E) Put selected strategies into action to achieve core
results;
(F) Monitor progress and make course corrections as necessary;
and
(G) Identify tools to achieve articulated goals, including:
(i) Shifting focus from process to core results;
(ii) Increasing flexibility to remove barriers, encourage
innovation and provide incentives for achieving results;
(iii) Providing flexible financing to reinvest savings and
decategorize, pool, redeploy or reinstate funding;
(iv) Employing results-based budgeting; and
(v) Improving accountability through results-based decision
making.
(3) Solicit and accept proposals in furtherance of any program
or service required by this article, especially for the
establishment of family resource networks at the regional or local
level and for the implementation of pilot programs;
(4) Develop fiscal incentives for the establishment of family
resource networks and for programs resulting in substantial cost
savings, such as programs which keep children at home and which
thereby avoid unnecessary out-of-home care. Any savings resulting from the coordination of programs and services for children and
families shall be reinvested for expenditure in areas directly
benefitting children and families.
(5) Report annually to the Joint Committee on Government and
Finance on its progress in implementing the comprehensive multi-
year state plan required under subdivision (2) of this section; and
§9-2-6c. Powers of Secretary generally.
In addition to all other powers granted to the Secretary in
this article and elsewhere by law, the Secretary may:
(1) Negotiate written agreements and procedures between and
among departments of state government which assure that children
and families are provided with health care, social services,
appropriate education and vocational training, and any other
services to which they may be entitled under state and federal law;
(2) Provide or contract with any agencies or persons in this
state and other states for any facilities, equipment or service
necessary to achieve the purposes of this article, and hire staff
sufficient to carry out the duties and responsibilities of the
cabinet;
(3) In addition to the Citizens' Advisory Council established
pursuant to section one-a of article four of chapter nine of this
code, form subcommittees, convene task teams or consult experts to
advise the Secretary generally or on selected topics as necessary
to accomplish its goals or to otherwise carry out its duties under
this article;
(4) Solicit and accept proposals in furtherance of any program
or service required by this article, especially for the establishment of family resource networks at the regional or local
level and for the implementation of pilot programs;
(5) Waive rules that impede coordinated service delivery; and
(6) Solicit, accept and expend grants, gifts, bequests,
donations and other funds made available to the cabinet: Provided,
That all unrestricted grants, gifts, bequests and donations shall
be deposited in the Children's Fund created as set forth in section
six-e of this article.
§9-2-6d. Powers and duties relating to funding and budgetary needs
for children and families.
(a) The Department shall analyze the budgets of the
departments of state government to the extent that they address or
impact upon programs and services for children and families, review
budgetary needs and revenue sources, and make recommendations
regarding the Governor's proposed budget and the redirection of
resources. In making such recommendations, the Department shall
ascertain the availability of and eligibility for federal, local
and private funding, with the goal of maximizing federal, local and
private revenues for use in areas directly benefitting children and
families.
(b) Any legislative recommendation shall be accompanied by a
proposal or plan for sufficient funding. In exploring all aspects
of funding possibilities, the Department shall consider innovative,
flexible funding such as interagency funding, joint funding pools,
interagency reimbursement, and funding by the families serviced
based on ability to pay.
(c) The Department shall develop fiscal incentives for the establishment of family resource networks and for programs
resulting in substantial cost savings, such as programs which keep
children at home and which thereby avoid unnecessary out-of-home
care. Any savings resulting from the coordination of programs and
services for children and families shall be reinvested for
expenditure in areas directly benefitting children and families.
§9-2-6e. Children's Fund.
(a) The Children's Fund established by the Governor's Cabinet
on Children and Families shall be transferred to the Department of
Health and Human Resources effective July 1, two thousand five.
The Children's Fund shall be used for the sole purpose of awarding
grants, loans and loan guaranties for child abuse and neglect
prevention activities. Gifts, bequests or donations for this
purpose, in addition to appropriations to the fund, shall be
deposited in the state treasury in a special revenue account that
is independent from any executive or other department of
government.
(b) Each state taxpayer may voluntarily contribute a portion
of the taxpayer's state income tax refund to the Children's Fund by
so designating the contribution on the state personal income tax
return form. The Department shall approve the wording of the
designation on the income tax return form, which designation shall
appear on tax forms. The Tax Commissioner shall determine by the
first day of July of each year the total amount designated pursuant
to this subsection and shall report that amount to the State
Treasurer, who shall credit that amount to the Children's Fund.
(c) All interest accruing from investment of moneys in the children's fund shall be credited to the fund. The Legislative
Auditor shall conduct an audit of the fund before the first day of
July, two thousand three and at least every three fiscal years
thereafter.
(d) Grants, loans and loan guaranties may be awarded from the
children's fund by the Department for child abuse and neglect
prevention activities.
ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY
COUNCIL; GENERAL RELIEF FUND.
§9-4-1a. Citizen's Advisory Council.
(a) The Governor shall appoint a Citizens' Advisory Council to
assist the Secretary with the implementation of the Department's
mission and policy objectives.
(b) The Council shall be comprised of not fewer than twelve
nor more than thirty citizens who will serve terms of one, two or
three years as assigned at the time of appointment. The Council
members will have knowledge and experience in serving children and
families in such areas as housing: Health promotion and disease
prevention; education; transportation; reading and literacy; food
and nutrition; clothing; utilities; job training and employment;
child care; child protection; early intervention and crisis
intervention; assessment and diagnosis; home-based family
development; preservation and reunification; financial planning;
mental health and counseling; substance abuse prevention counseling
and treatment; addiction awareness training; pregnancy prevention;
and information, referral and placement.
(c) The purpose of the Council is to:
(1) Provide a forum for discussion of issues that affect the
state's children and families;
(2) Identify and promote best practices in the provision of
services to children and families;
(3) Review information and research that can inform state
policy;
(4) Make recommendations to the Secretary in areas of policy
and allocation of resources;
(5) Focus attention on accountability and results;
(6) Assist the secretary in developing a cross-agency multi-
year state plan for improving the well being of children and
families;
(7) Connect government officials who make decisions with the
families affected by their decisions;
(8) Engage local communities through family resource networks
to work on local issues and statewide priorities;
(9) Assure that community and family voices are heard by the
Secretary; and
(10) Promote family support practices by all publicly funded
agencies.
(f) Citizen members may be reimbursed for actual and necessary
expenses incurred in the discharge of their official duties in a
manner consistent with guidelines of the travel management office
of the Department of Administration.
(g) The Governor may remove any citizen member from the
Council for neglect of duty, incompetency or official misconduct.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF
SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-2. West Virginia Educational Broadcasting Authority;
members; organization; officers; employees;
meetings; expenses.
The West Virginia Educational Broadcasting Authority,
heretofore created, is hereby continued as a public benefit
corporation. It The Authority shall consist of eleven voting
members, who shall be residents of the state, of whom one shall be
including the Governor or his or her designee, the State
Superintendent of Schools, one shall be a member of the West
Virginia Board of Education to be selected by it annually, and one
shall be a member of the university of West Virginia board of
trustees West Virginia Higher Education Policy Commission to be
selected by it annually. and one shall be a member of the board of
directors of the state college system to be selected by it annually
The other seven members shall be appointed by the Governor by and
with the advice and consent of the Senate for overlapping terms of
seven years, one term expiring each year. except that the
appointment to fill the membership position for the term expiring
in the year one thousand nine hundred eighty-three, shall be for a
term of six years Not less than one appointive member shall come
from each congressional district. Employees of noncommercial
broadcasting stations in West Virginia are not eligible for
appointment to the authority. The present members of the authority
shall continue to serve out the terms to which they were appointed. Any vacancy among the appointive members shall be filled by the
governor by appointment for the unexpired term.
The chairperson and vice chairperson of the authority as of
the effective date of this section shall continue in their
respective offices until their successors are elected. Thereafter,
at its annual meeting in each year the authority shall elect one of
its members as chairperson and one as vice chairperson. The
authority is authorized to select an executive director and such
other personnel as may be necessary to perform its duties and to
fix the compensation of such personnel to be paid out of moneys
appropriated for this purpose. The executive director shall keep
a record of the proceedings of the authority and shall perform such
other duties as it may prescribe. The Governor or his or her
designee shall serve as the chairperson and the Authority shall
annually select one of its public members as vice-chairperson, and
shall appoint a secretary, who need not be a member of the
Authority and shall keep records of its proceedings.
There shall also be an Executive Director of the Authority
appointed by the Governor, with the advice and consent of the
Senate, who shall serve at the Governor's will and pleasure, who
shall be responsible for managing and administering the daily
functions of the Authority and for performing any and all other
functions necessary or helpful to the effective functioning of the
authority together with all other functions and powers as may be
delegated by the Authority. The compensation of the Director shall
annually be fixed by the Governor. The Authority is authorized to
establish such office or offices as may be necessary for the proper performance of its duties.
The Authority shall hold an annual meeting and may meet at
such other times and places as may be necessary, such meetings to
be held upon its own resolution or at the call of the chairperson
of the Authority. The members shall serve without compensation but
may be reimbursed for actual expenses incident to the performance
of their duties upon presentation to the chairperson of an itemized
sworn statement thereof.
CHAPTER 11. TAXATION.
ARTICLE 10A. WEST VIRGINIA OFFICE OF TAX APPEALS.
§11-10A-6. Chief Administrative Law Judge; appointment, term and
vacancy; qualifications; compensation; conflicts of
interest prohibited; removal.
(a) The Governor, with the advice and consent of the Senate,
shall appoint the Chief Administrative Law Judge from a list of
three qualified nominees submitted to the Governor by the Board of
Governors of the West Virginia State Bar for a sixfour-year term.
An appointment to fill a vacancy in the position shall be for the
unexpired term.
(b) Prior to appointment, the Chief Administrative Law Judge
shall be a citizen of the United States and a resident of this
state who is admitted to the practice of law in this state and who
has five years of full-time or equivalent part-time experience as
an attorney with federal or state tax law expertise or as a judge
of a court of record.
(c) The salary of the Chief Administrative Law Judge shall be
set by the Secretary of the Department of Tax and Revenue created in section two, article one, chapter five-f of this code. The
salary shall be within the salary range for comparable chief
administrative law judges as determined by the State Personnel
Board created by section six, article six, chapter twenty-nine of
this code.
(d) The Chief Administrative Law Judge, during his or her term
shall:
(1) Devote his or her full time to the duties of the position;
(2) Not otherwise engage in the active practice of law or be
associated with any group or entity which is itself engaged in the
active practice of law: Provided, That nothing in this paragraph
may be construed to prohibit the Chief Administrative Law Judge
from being a member of a national, state or local bar association
or committee, or of any other similar type group or organization,
or to prohibit the Chief Administrative Law Judge from engaging in
the practice of law by representing himself, herself or his or her
immediate family in their personal affairs in matters not subject
to this article.
(3) Not engage directly or indirectly in any activity,
occupation or business interfering or inconsistent with his or her
duties as Chief Administrative Law Judge;
(4) Not hold any other appointed public office or any elected
public office or any other position of public trust; and
(5) Not be a candidate for any elected public office, or serve
on or under any committee of any political party.
(e) The Governor may remove the Chief Administrative Law Judge
only for incompetence, neglect of duty, official misconduct or violation of subsection (d) of this section, and removal shall be
in the same manner as that specified for removal of elected state
officials in section six, article six, chapter six of this code.
§11-10A-7. Powers and duties of Chief Administrative Law Judge; all
employees, except Chief Administrative Law Judge
members of classified service; qualifications of
administrative law judges; closure of Tax Division
Office of Hearings and Appeals and transfer of
employees to Office of Tax Appeals.
(a) The Chief Administrative Law Judge is the chief executive
officer of the Office of Tax Appeals and he or she may employ up to
two administrative law judges, no more than one person to serve as
executive director, no more than one staff attorney and other
clerical personnel as necessary for the proper administration of
this article. The Chief Administrative Law Judge may delegate
administrative duties to other employees, but the Chief
Administrative Law Judge shall be responsible for all official
delegated acts.
(1) Upon the request of the Chief Administrative Law Judge,
the Governor may appoint up to two administrative law judges as
necessary for the proper administration of this article.
(1)(2) All employees of the Office of Tax Appeals, except the
Chief Administrative Law Judge, shall be in the classified service
and shall be governed by the provisions of the statutes, rules and
policies of the classified service in accordance with the
provisions of article six, chapter twenty-nine of this code.
(2)(3) Prior to employment by the Office of Tax Appeals, all administrative law judges shall be admitted to the practice of law
in this state and have at least two years of full-time or
equivalent part-time experience as an attorney with federal or
state tax law expertise.
(3)(4) The Chief Administrative Law Judge and all
administrative law judges shall be members of the public employees
retirement system and do not qualify as participants in the
judicial retirement system during their tenure with the office of
tax appeals.
(4)(5) Notwithstanding any provisions of this code to the
contrary, the Chief Administrative Law Judge shall employ any
person not a temporary or probationary employee employed full-time
and in good standing by the Tax Division in its hearings office
applying for a position with the Office of Tax Appeals. A former
Tax Division employee employed by the Office of Tax Appeals under
the provisions of this subdivision shall retain his or her
classified service classification, salary and benefits: Provided,
That if an employee is currently classified as a chief
administrative law judge, he or she may not retain that
classification and must be reclassified as determined by the
Secretary of the Department of tax and Revenue.
(b) The Chief Administrative Law Judge shall:
(1) Direct and supervise the work of the legal staff;
(2) Make hearing assignments;
(3) Maintain the records of the Office of Tax Appeals;
(4) Review and approve decisions of administrative law judges
as to legal accuracy, clarity and other requirements;
(5) Publish decisions in accordance with the provisions of
section sixteen of this article;
(6) Submit to the Legislature, on or before the fifteenth day
of February, an annual report summarizing the Office of Tax
Appeals' activities since the end of the last report period,
including a statement of the number and type of matters handled by
the Office of Tax Appeals during the preceding fiscal year and the
number of matters pending at the end of the year; and
(7) Perform the other duties necessary and proper to carry out
the purposes of this article.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5K. EARLY INTERVENTION SERVICES FOR CHILDREN WITH
DEVELOPMENTAL DELAYS.
§16-5K-2. Definitions.
Unless the context clearly otherwise indicates, as used in
this article:
(a) "Cabinet" means the governor's cabinet on children and
families.
(b) "Council" means the Governor's Early Intervention
Interagency Coordinating Council.
(c)(b) "Department" means the Department of Health and Human
Resources.
(d)(c) "Early intervention services" means developmental
services which:
(1) Are designed to meet the developmental needs of
developmentally delayed infants and toddlers and the needs of the
family related to enhancing the child's development;
(2) Are selected in collaboration with the parents;
(3) Are provided under public supervision in conformity with
an individualized family service plan, and at no cost to families;
(4) Meet the state's early intervention standards, as
established by the Department of Health and Human Resources with
the assistance of the Governor's Early Intervention Interagency
Coordinating Council;
(5) Include assistive technology, audiology, audiology case
management, family training, counseling and home visits, health
services necessary to enable a child to benefit from other early
intervention services, medical services only for diagnostic or
evaluation purposes, nursing services, nutrition services,
occupational therapy, physical therapy, psychological services,
social work services, special instruction, speech-language
pathology, vision and transportation; and
(6) Are provided by licensed or otherwise qualified personnel,
including audiologists, family therapists, nurses, nutritionists,
occupational therapists, orientation and mobility specialists,
physical therapists, physicians, psychologists, social workers,
special educators, speech-language pathologists and
paraprofessionals appropriately trained and supervised.
(e)(d) "Infants and toddlers with developmental delay" means
children from birth to thirty-six months of age who need early
intervention services for any of the following reasons:
(1) They are experiencing developmental delays, as measured by
appropriate methods and procedures, in one or more of the following
areas: Cognitive, physical, including visual and hearing, communicative, adaptive, social, language and speech, or psycho-
social development or self-help skills; or
(2) They have a diagnosed physical or mental condition that
has a high probability of resulting in developmental delay; or
(3) They are at risk of having substantial developmental
delays if early intervention services are not provided.
§16-5K-4. Interagency Coordinating Council.
(a) The Governor's Early Intervention Interagency Coordinating
Council is hereby established. The Council is composed of at least
fifteen members appointed by the Governor with additional ex
officio members representing specific agencies serving infants and
toddlers with developmental delays.
(b) The membership of the Council shall consist of the
following:
(1) At least three parents of children, ages birth through six
years of age, who have developmental delays;
(2) At least three persons, representative of the public or
private service providers;
(3) At least one member of the House of Delegates recommended
by the speaker of the House of Delegates and one member of the
Senate recommended by the Senate president;
(4) At least one person from higher education involved in
training individuals to provide services under this article; and
(5) A representative of each of the agencies involved in the
provision of or payment for early intervention services to infants
and toddlers with developmental delays and their families.
(c) The Council shall meet at least quarterly and in such place as it considers necessary.
(d) The Council is responsible for the following functions:
(1) To advise and assist the Department of Health and Human
Resources in the development and implementation of early
intervention policies;
(2) To assist the Department in achieving the full
participation of all relevant state agencies and programs;
(3) To collaborate with the governor's cabinet on children and
familiesDepartment of Health and Human Resources in the
coordination of early intervention services with other programs and
services for children and families;
(4) To assist the Department in the effective implementation
of a statewide system of early intervention services;
(5) To assist the Department in the resolution of disputes;
(6) To advise and assist the Department in the preparation of
grant applications; and
(7) To prepare and submit an annual report to the Governor,
the Legislature and the United States Secretary of Education on the
status of early intervention programs within the state.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-3. Dissolution and termination of West Virginia Turnpike
Commission; West Virginia Parkways, Economic
Development and Tourism Authority generally.
On and after the first day of June, one thousand nine hundred
eighty-nine, the West Virginia turnpike commission is hereby abolished in all respects, and there is hereby created the "West
Virginia Parkways, Economic Development and Tourism Authority", and
by that name the parkways authority may sue and be sued and plead
and be impleaded. The parkways authority is hereby constituted
(a) The West Virginia Parkways, Economic Development and
Tourism Authority is continued as an agency of the state, and the
exercise by the parkways authority of the powers conferred by this
article in the construction, reconstruction, improvement, operation
and maintenance of parkway, economic development and tourism
projects shall be deemed and held to be an essential governmental
function of the state.
(b) The West Virginia Parkways, Economic Development and
Tourism Authority shall consist of seven members, including the
Governor or his or her designee, the Transportation Secretary, who
shall serve as chairman of the parkways authority, and six and five
citizen members, including no less than one from each of the
counties which have land bordering parkway projects, appointed by
the governor, by and with the advice and consent of the Senate. The
appointed members shall be residents of the state and shall have
been qualified electors therein for a period of at least one year
next preceding their appointment. Upon the effective date of this
legislation, the governor shall forthwith appoint six members of
the parkways authority for staggered terms. The terms of the
parkways authority members first taking office on or after the
effective date of this legislation shall expire as designated by
the governor at the time of the nomination, one at the end of the
first year, one at the end of the second year, one at the end of the third year, one at the end of the fifth year, one at the end of
the sixth year and one at the end of the seventh year, after the
first day of June, one thousand nine hundred eighty-nine. As these
original appointments expire, each subsequent appointment shall be
for a full eight-year term. Citizen members are appointed for
eight-year terms, which are staggered in accordance with the
initial appointments under prior enactment of this section. Any
member whose term has expired shall serve until his or her
successor has been duly appointed and qualified. Any person
appointed to fill a vacancy shall serve only for the unexpired
term. Any member shall be eligible for reappointment. The term of
any person serving as a member of the West Virginia turnpike
commission immediately preceding the effective date of this
legislation shall cease and otherwise expire upon such effective
date: Provided, That any such member shall be eligible for
reappointment. Each appointed member of the parkways authority
before entering upon his duties shall take an oath as provided by
section five, article IV of the constitution of the state of West
Virginia.
(b) The parkways The Governor or his or her designee shall
serve as the chairperson and the Authority shall annually elect one
of the appointed members as vice chairman, and shall also elect a
secretary and treasurer who need not be members of the Parkways
Authority.
(c) There shall be an Executive Director of the Parkways
Authority appointed by the Governor, with the advice and consent of the Senate, who shall serve at the Governor's will and pleasure,
who shall be responsible for managing and administering the daily
functions of the authority and for performing any and all other
functions necessary or helpful to the effective functioning of the
authority, together with all other functions and powers as may be
delegated by the Authority. The compensation of the Director shall
annually be fixed by the Governor.
(d) Four members of the Parkways Authority shall constitute
a quorum and the vote of a majority of members present shall be
necessary for any action taken by the Parkways Authority. No
vacancy in the membership of the Parkways Authority shall impair
the right of a quorum to exercise all the rights and perform all
the duties of the Parkways Authority. The Parkways Authority shall
meet at least monthly and either the chairman or any four members
shall be empowered to call special meetings for any purpose or
purposes: Provided, That notice of any such meeting shall be given
to all members of the Parkways Authority not less than ten days
prior to said special meetings.
(e) Before the issuance of any parkway revenue bonds or
revenue refunding bonds under the provisions of this article, each
appointed member of the Parkways Authority shall execute a surety
bond in the penal sum of twenty-five thousand dollars and the
secretary and treasurer shall execute a surety bond in the penal
sum of fifty thousand dollars, each such surety bond to be
conditioned upon the faithful performance of the duties of his or
her office, to be executed by a surety company authorized to transact business in the state of West Virginia as surety and to be
approved by the Governor and filed in the Office of the Secretary
of State.
(f) The members of the Parkways Authority shall not be
entitled to compensation for their services, but each member shall
be reimbursed for his or her actual expenses necessarily incurred
in the performance of his or her duties shall receive reasonable
and necessary expenses actually incurred in the performance of
their duties in a manner consistent with guidelines of the travel
management office of the Department of Administration.
(g) All expenses incurred in carrying out the provisions of
this article shall be payable solely from funds provided under the
authority of this article and no liability or obligation shall be
incurred by the Parkways Authority hereunder beyond the extent to
which moneys shall have been provided under the authority of this
article.
(h) Pursuant to the provisions of article ten, chapter four
of this code, the West Virginia Parkways, Economic Development and
Tourism Authority shall continue to exist until the first day of
July, two thousand five ten.
§17-16A-10. Parkway revenue bonds -- Generally.
The Parkways Authority is hereby authorized to provide by
resolution, at one time or from time to time, for the issuance of
parkway revenue bonds of the state for the purpose of paying all or
any part of the cost of one or more projects: Provided, That this
section shall not be construed as authorizing the issuance of parkway revenue bonds for the purpose of paying the cost of the
West Virginia Turnpike, which parkway revenue bonds may be issued
only as authorized under section eleven of this article. The
principal of and the interest on such bonds shall be payable solely
from the funds herein provided for such payment. The bonds of each
issue shall be dated, shall bear interest at such rate or rates as
may be determined by the parkways authority in its sole discretion,
shall mature at such time or times not exceeding forty years from
their date or dates, as may be determined by the Parkways
Authority, and may be made redeemable before maturity, at the
option of the Parkways Authority, at such price or prices and under
such terms and conditions as may be fixed by the Parkways Authority
prior to the issuance of the bonds. The Parkways Authority shall
determine the form of the bonds, including any interest coupons to
be attached thereto, and shall fix the denomination or
denominations of the bonds and the place or places of payment of
principal and interest, which may be at any bank or trust company
within or without the state. The bonds shall be executed by manual
or facsimile signature by the governor and by the chairman of the
Parkways Authority, and the official seal of the Parkways Authority
shall be affixed to or printed on each bond, and attested, manually
or by facsimile signature, by the secretary and treasurer of the
Parkways Authority, and any coupons attached to any bond shall bear
the manual or facsimile signature of the chairman of the Parkways
Authority. In case any officer whose signature or a facsimile of
whose signature appears on any bonds or coupons shall cease to be
such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he had remained in office until such
delivery; and, in case the seal of the Parkways Authority has been
changed after a facsimile has been imprinted on such bonds, such
facsimile seal will continue to be sufficient for all purposes. All
bonds issued under the provisions of this article shall have and
are hereby declared to have all the qualities and incidents of
negotiable instruments under the negotiable instruments law of the
state. The bonds may be issued in coupon or in registered form, or
both, as the Parkways Authority may determine, and provision may be
made for the registration of any coupon bonds as to principal alone
and also as to both principal and interest, and for the recorders
into coupon bonds of any bonds registered as to both principal and
interest. The Parkways Authority may sell such bonds in such
manner, either at public or at private sale, and for such price, as
it may determine to be in the best interests of the state.
The proceeds of the bonds of each issue shall be used solely
for the payment of the cost of the parkway project or projects for
which such bonds shall have been issued, and shall be disbursed in
such manner and under such restrictions, if any, as the Parkways
Authority may provide in the resolution authorizing the issuance of
such bonds or in the trust agreement hereinafter mentioned securing
the same. If the proceeds of the bonds of any issue, by error of
estimates or otherwise, shall be less than such cost, additional
bonds may in like manner be issued to provide the amount of such
deficit, and, unless otherwise provided in the resolution
authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and
shall be entitled to payment from the same fund without preference
or priority of the bonds first issued. If the proceeds of the bonds
of any issue shall exceed the cost of the project or projects for
which the same shall have been issued, the surplus shall be
deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the parkways
authority may, under like restrictions, issue interim receipts or
temporary bonds, with or without coupons, exchangeable for
definitive bonds when such bonds shall have been executed and are
available for delivery. The Parkways Authority may also provide for
the replacement of any bonds which shall become mutilated or shall
be destroyed or lost. Bonds may be issued under the provisions of
this article without obtaining the consent of any department,
division, commission, board, bureau or agency of the state, and
without any other proceedings or the happening of any other
conditions or things than those proceedings, conditions or things
which are specifically required by this article.
CHAPTER 18. EDUCATION.
§18-2-23a. Annual professional staff development goals established
by State Board; coordination of professional
development programs; program development, approval
and evaluation.
(a) Legislative intent. -- The intent of this section is to
provide for the coordination of professional development programs
by the State Board and to promote high quality instructional
delivery and management practices for a thorough and efficient system of schools.
(b) Goals. -- The State Board annually shall establish goals
for professional staff development in the public schools of the
state. As a first priority, the State Board shall require adequate
and appropriate professional staff development to ensure high
quality teaching that will enable students to achieve the content
standards established for the required curriculum in the public schools.
The State Board shall submit the goals to the State Department of
Education, the center for professional development, the regional
educational service agencies, the Higher Education Policy
Commission and the Legislative Oversight Commission on Education
Accountability on or before the fifteenth day of January, each year.
The goals shall include measures by which the effectiveness of the
professional staff development programs will be evaluated. The
professional staff development goals may include separate goals for
teachers, principals, paraprofessional service personnel and
classroom aides and others in the public schools.
In establishing the goals, the State Board shall review reports
that may indicate a need for professional staff development
including, but not limited to, the report of the center for
professional development created in article three-a, chapter
eighteen-a of this code, student test scores on the statewide
student assessment program, the measures of student and school
performance for accreditation purposes, school and school district
report cards, and its plans for the use of funds in the strategic
staff development fund pursuant to section thirty-two, article two,
chapter eighteen of this code.
(c) The center for professional developmentState Board shall
thereafter design a proposed master plan for professional staff
development program plan to achieve theits goals of the state board
and shall submit the proposed plan to the state board for approval
as soon as possible following the submission of itsreceipt of the
state board goals each year.
The proposed master plan shall include a strategy for
evaluating the effectiveness of the professional staff development
programs delivered under the plan and a cost estimate. The state
board shall review the proposed plan and return it to the center
for professional development noting whether the proposed plan is
approved or is not approved, in whole or in part. If a proposed
plan is not approved in whole, the state board shall note its
objections to the proposed plan or to the parts of the proposed
plan not approved and may suggest improvements or specific
modifications, additions or deletions to address more fully the
goals or eliminate duplication. If the proposed plan is not wholly
approved, the center for professional development shall revise the
plan to satisfy the objections of the state board. State board
approval is required prior to implementation of the professional
staff development plan.
(d) The state board approval of the proposed professional staff
development plan shall establish a master plan for professional
staff development which shall be submitted by the State Board to
the affected agencies and to the Legislative Oversight Commission
on Education Accountability. The master plan shall include the
State Board approved plans for professional staff development by the State Department of Education, the center for professional
development the state institutions of higher education and the
regional educational service agencies to meet the professional
staff development goals of the State Board. The master plan also
shall include a plan for evaluating the effectiveness of the
professional staff development delivered through the programs and
a cost estimate.
The master plan shall serve as a guide for the delivery of
coordinated professional staff development programs by the State
Department of Education, the center for professional development
the state institutions of higher education and the regional
educational service agencies beginning on the first day of June in
the year in which the master plan was approved through the
thirtieth day of May in the following year: Provided, That nothing
in this section shall prohibit changes in the master plan, subject
to State Board approval, to address staff development needs
identified after the master plan was approved.
§18-2E-3g. Special demonstration professional development school
project for improving academic achievement.
(a) The Legislature makes the following findings:
(1) Well-educated children and families are essential for
maintaining safe and economically sound communities;
(2) Low student achievement is associated with increased
delinquent behavior, higher drug use and pregnancy rates, and
higher unemployment and adult incarceration rates;
(3) Each year, more students enter school with circumstances
in their lives that schools are ill-prepared to accommodate;
(4) Ensuring access for all students to the rigorous
curriculum they deserve requires effective teaching strategies that
include, but are not limited to, using a variety of instructional
approaches, using varied curriculum materials, engaging parent and
community involvement and support in the educational process, and
providing the professional development, support and leadership
necessary for an effective school; and
(5) The achievement of all students can be dramatically
improved when schools focus on factors within their control, such
as the instructional day, curriculum and teaching practices.
(b) The purpose of this section is to provide for the
establishment of a special five-year demonstration professional
development school project to improve the academic achievement of
all children. The program shall be under the direction of the State
Superintendent and shall be for a period of five years beginning
with the two thousand four - two thousand five school year. The
intent of this section is to provide a special demonstration
environment wherein the public schools included in the
demonstration project may work in collaboration with higher
education, community organizations and the State Board to develop
and implement strategies that may be replicated in other public
schools with significant enrollments of disadvantaged, minority and
under-achieving students to improve academic achievement. For this
purpose, the State Superintendent has the following powers and
duties with respect to the demonstration project:
(1) To select for participation in the demonstration project
three public elementary or middle schools with significant enrollments of disadvantaged, minority and under-achieving students
in each county in which the number of the African American students
is five percent or more of the total second month enrollment;
(2) To require cooperation from the county board of the county
wherein a demonstration project school is located to facilitate
program implementation and avoid any reallocation of resources for
the schools that are disproportionate with those for other schools
of the county of similar classification, accreditation status and
federal Title I identification;
(3) To require specialized training and knowledge of the
needs, learning styles and strategies that will most effectively
improve the performance of disadvantaged, minority and under-
achieving students in demonstration project schools. These powers
include, but not limited to, the authority to craft job
descriptions with requirements regarding training and experience
and the right to specify job duties which are related to job
performance that reflect the mission of the demonstration project
school;
(4) To provide specifications and direct the county board to
post the positions for school personnel employed at the
demonstration project school that encompass the special
qualifications and any additional duties that will be required of
the personnel as established in the job descriptions authorized
pursuant to subdivision (3) of this section. The assertion that the
job descriptions and postings are narrowly defined may not be used
as the basis for the grievance of an employment decision for
positions at a demonstration project school;
(5) To direct the Department of Education the center for
professional development and the regional educational service
agency to provide any technical assistance and professional
development necessary for successful implementation of the
demonstration school programs, including, but not limited to, any
early intervention or other programs of the Department to assist
low performing schools;
(6) To collaborate and enter into agreements with colleges and
universities willing to assist with efforts at a demonstration
school to improve student achievement, including, but not limited
to, the operation of a professional development school program
model: Provided, That the expenditure of any funds appropriated for
the State Board or Department for this purpose shall be subject to
approval of the State Board;
(7) To require collaboration with local community
organizations to improve student achievement and increase the
involvement of parents and guardians in improving student
achievement;
(8) To provide for an independent evaluation of the
demonstration school project, its various programs and their
effectiveness on improving student academic achievement; and
(9) To recommend to the State Board and the county board the
waiver of any of their respective policies that impede the
implementation of demonstration school programs.
(c) The State Superintendent shall make status reports to the
Legislative Oversight Commission on Education Accountability and to
the State Board annually and may include in those reports any recommendations based on the progress of the demonstration project
that he or she considers either necessary for improving the
operations of the demonstration project or prudent for improving
student achievement in other public schools through replication of
successful demonstration school programs. The State Superintendent
shall make a recommendation to the Legislature not later than its
regular session, two thousand ten, for continuation or termination
of the program, which recommendation shall be accompanied by the
findings and recommendations of the independent evaluation and
these findings and recommendations shall be a major factor
considered by the Superintendent in making his or her
recommendation.
(d) Nothing in this section shall require any specific level
of appropriation by the Legislature.
§18-2E-5. Process for improving education; education standards and
accountability measures; Office of Education
Performance Audits; school accreditation and school
system approval; intervention to correct impairments.
(a) Legislative findings, purpose and intent. --
(1) The Legislature finds that the process for improving
education includes four primary elements, these being:
(A) Standards which set forth the things that students should
know and be able to do as the result of a thorough and efficient
education including measurable criteria to evaluate student
performance and progress;
(B) Assessments of student performance and progress toward
meeting the standards;
(C) A system for holding schools and school systems
accountable for student performance and progress toward obtaining
a high quality education which is delivered in an efficient manner;
and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2) The Legislature further finds that as the constitutional
body charged with the general supervision of schools as provided by
general law, the State Board has the authority and the
responsibility to establish the standards, assess the performance
and progress of students against the standards, hold schools and
school systems accountable, and assist schools and school systems
to build capacity and improve efficiency so that the standards are
met, including, when necessary, seeking additional resources in
consultation with the Legislature and the Governor.
(3) The Legislature also finds that as the constitutional body
charged with providing for a thorough and efficient system of
schools, the Legislature has the authority and the responsibility
to establish and be engaged constructively in the determination of
the things that students should know and be able to do as the
result of a thorough and efficient education. This determination is
made by using the process for improving education to determine when
school improvement is needed, by evaluating the results and the
efficiency of the system of schools, by ensuring accountability,
and by providing for the necessary capacity and its efficient use.
(4) Therefore, the purpose of this section is to establish a process for improving education that includes the four primary
elements as set forth in subdivision (1) of this subsection to
provide assurances that a thorough and efficient system of schools
is being provided for all West Virginia public school students on
an equal education opportunity basis and that the high quality
standards are, at a minimum, being met.
(5) The intent of the Legislature in enacting this section is
to establish a process through which the Legislature, the Governor
and the State Board can work in the spirit of cooperation and
collaboration intended in the process for improving education to
consult and examine, when necessary, the performance and progress
of students, schools and school systems and consider alternative
measures to ensure that all students continue to receive the
thorough and efficient education to which they are entitled.
However, nothing in this section requires any specific level of
funding by the Legislature.
(b) Unified county and school improvement plans. -- The State
Board shall promulgate rules in accordance with article three-b,
chapter twenty-nine-a of this code establishing a unified county
improvement plan for each county board and a unified school
improvement plan for each public school in this state. The rules
shall specify that the unified school improvement plan shall
include all appropriate plans required by law including, but not
limited to, the following:
(1) The report required to be delivered to the county-wide
council on productive and safe schools pursuant to subsection (f),
section two, article five-a of this chapter;
(2) Plans or applications required in the area of technology
pursuant to 20 U.S.C. §§6845, section seven, article two-e of this
chapter, State Board policy or rule or any other county, state or
federal law;
(3) The strategic plan to manage the integration of special
needs students as required by section five, article five-a of this
chapter; and
(4) The school based improvement plan set forth in the
Elementary and Secondary Education Act pursuant to 29 U.S.C.
§§6301, et seq.
The plans are required to be included only to the extent
permitted by state and federal law.
(c) High quality education standards and efficiency standards.
-- In accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, the State Board shall adopt and
periodically review and update high quality education standards for
student, school and school system performance and processes in the
following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance and progress;
(12) School and school system performance and progress;
(13) A code of conduct for students and employees;
(14) Indicators of efficiency; and
(15) Any other areas determined by the State Board.
(d) Performance measures. -- The standards shall assure that
all graduates are prepared for gainful employment or for continuing
post-secondary education and training and that schools and school
systems are making progress in achieving the education goals of the
state.
The standards shall include measures of student performance
and progress and measures of school and school system performance,
progress and processes that enable student performance. The
measures of student performance and progress and school and school
system performance, progress and processes shall include, but are
not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance and progress by grade level measured, where
possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) The student dropout rate;
(4) The high school graduation rate;
(5) The percentage of graduates who enrolled in college and
the percentage of graduates who enrolled in other post-secondary
education within one year following high school graduation;
(6) The percentage of graduates who received additional certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(7) The percentage of students who enrolled in and the
percentage of students who successfully completed advanced
placement, dual credit and honors classes, respectively, by grade
level.
(e) Indicators of efficiency. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code,
the State Board shall adopt and periodically review and update
indicators of efficiency for student and school system performance
and processes in the following areas:
(1) Curriculum delivery including, but not limited to, the use
of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Utilization of regional educational service agency
programs and services, including programs and services that may be
established by their assigned regional educational service agency,
or other regional services that may be initiated between and among
participating county boards; and
(7) Any other indicators as determined by the State Board.
(f) Assessment and accountability of school and school system
performance and processes. -- In accordance with the provisions of
article three-b, chapter twenty-nine-a of this code, the State Board shall establish by rule a system of education performance
audits which measures the quality of education and the preparation
of students based on the standards and measures of student, school
and school system performance, progress and processes, including,
but not limited to, the standards and measures set forth in
subsections (c) and (d) of this section. The system of education
performance audits shall assist the State Board, the Legislature
and the Governor in ensuring that the standards and measures
established pursuant to this section are, at a minimum, being met
and that a thorough and efficient system of schools is being provided.
The system of education performance audits shall include:
(1) The assessment of student performance and progress, school
and school system performance and progress, and the processes in
place in schools and school systems which enable student
performance and progress;
(2) The review of school and school system unified improvement
plans; and
(3) The periodic on-site review of school and school system
performance and progress and compliance with the standards.
(g) Uses of school and school system assessment information.
-- The State Board and the process for improving education council
established pursuant to section five-c of this article shall use
information from the system of education performance audits to
assist them in ensuring that a thorough and efficient system of
schools is being provided and to improve student, school and school
system performance and progress. Information from the system of
education performance audits further shall be used by the State Board for these purposes, including, but not limited to, the
following: (1) Determining school accreditation and school system
approval status; (2) holding schools and school systems accountable
for the efficient use of existing resources to meet or exceed the
standards; and (3) targeting additional resources when necessary to
improve performance and progress. Primary emphasis in determining
school accreditation and school system approval status is based on
student performance and progress, school and school system
performance and progress and such other measures as selected by the
State Board. The State Board shall make accreditation information
available to the Legislature, the Governor, the general public and
to any individuals who request the information, subject to the
provisions of any act or rule restricting the release of information.
Based on the assessment of student, school and school system
performance and progress, the State Board shall establish early
detection and intervention programs using the available resources
of the Department of Education, the regional educational service
agencies, the center for professional development and the
Principals Academy, as appropriate, to assist underachieving
schools and school systems to improve performance before conditions
become so grave as to warrant more substantive state intervention.
Assistance shall include, but is not limited to, providing
additional technical assistance and programmatic, professional
staff development, providing monetary, staffing and other resources
where appropriate, and, if necessary, making appropriate
recommendations to the process for improving education council.
(h) Office of education performance audits. -
(1) To assist the State Board and the process for improving
education council in the operation of a system of education
performance audits that will enable them to evaluate whether a
thorough and efficient education is being provided, and to assist
the State Board in making determinations regarding the
accreditation status of schools and the approval status of school
systems, the State Board shall establish an Office of Education
Performance Audits which shall be operated under the direction of
the State Board independently of the functions and supervision of
the State Department of Education and State Superintendent. The
Office of Education Performance Audits shall report directly to and
be responsible to the State Board in carrying out its duties under
the provisions of this section.
(2) The Office shall be headed by a Director who shall be
appointed by the State Board and who shall serve at the will and
pleasure of the State Board. The salary of the Director shall not
exceed the salary of the State Superintendent of Schools.
(3) The State Board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by law and by the State
Board. Employees of the State Department of Education who are
transferred to the Office of Education Performance Audits retain
their benefit and seniority status with the Department of
Education.
(4) Under the direction of the State Board, the Office of
Education Performance Audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance and progress of students, schools and school systems, and shall receive assistance, as determined by the State
Board, from staff at the State Department of Education, the
regional education service agencies, the center for professional
development the Principals Academy and the State School Building
Authority to carry out the duties assigned to the Office.
(5) In addition to other duties which may be assigned to it by
the State Board or by statute, the Office of Education Performance
Audits also shall:
(A) Assure that all statewide assessments of student
performance are secure as required in section one-a of this
article;
(B) Administer all accountability measures as assigned by the
State Board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems. These processes shall focus on those
measurable criteria related to student performance and progress and
to the delivery of instruction which will enable student
performance and progress; and
(ii) Recommendations to the State Board on appropriate action,
including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the State Board, and recommend to the school, the
school system, the State Board and the process for improving
education council, plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and accountability processes, whether statewide system deficiencies
exist in the capacity to establish and maintain a thorough and
efficient system of schools, including the identification of trends
and the need for continuing improvements in education, and report
those deficiencies and trends to the State Board and the process
for improving education council;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the Legislature
and the State Board, and make recommendations to the State Board,
the process for improving education council, the center for
professional development the regional educational service agencies,
the Higher Education Policy Commission, and the county boards;
(F) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance, and make recommendations to the State Board and the
process for improving education council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The State Board shall provide information on
best practices to county school systems and shall use information
identified through the assessment and accountability processes to
select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with various of
the applicable laws, policies and process standards as considered appropriate and approved by the State Board, including, but not
limited to, compliance with limitations on the number of pupils per
teacher in a classroom and the number of split grade classrooms.
Information contained in the reporting formats shall be examined
during an on-site review to determine compliance with laws,
policies and standards. Intentional and grossly negligent reporting
of false information is ground for dismissal.
(i) On-site reviews. --
(1) At the direction of the State Board or by weighted
selection by the Office of Education Performance Audits, an on-site
review shall be conducted by the Office of Education Performance
Audits of any school or school system for purposes, including, but
not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Documenting compliance with policies and laws;
(C) Evaluating the effectiveness and implementation status of
school and school system unified improvement plans;
(D) Investigating official complaints submitted to the State
Board that allege serious impairments in the quality of education
in schools or school systems;
(E) Investigating official complaints submitted to the State
Board that allege that a school or county board is in violation of
policies or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews and
inspections have been conducted by the appropriate agencies,
including, but not limited to, the state fire marshal, the Health
Department, the School Building Authority and the responsible divisions within the Department of Education, and whether noted
deficiencies have been or are in the process of being corrected.
The Office of Education Performance Audits may not conduct a
duplicate review or inspection nor mandate more stringent
compliance measures.
(2) The selection of schools and school systems for an on-site
review shall use a weighted sample so that those with lower
performance and progress indicators and those that have not had a
recent on-site review have a greater likelihood of being selected.
The director of the Office of Education Performance Audits shall
notify the county superintendent of schools five school days prior
to commencing an on-site review of the county school system and
shall notify both the county superintendent and the principal five
school days prior to commencing an on-site review of an individual
school: Provided, That the State Board may direct the Office of
Education Performance Audits to conduct an unannounced on-site
review of a school or school system if the State Board believes
circumstances warrant an unannounced on-site review.
(3) The Office of Education Performance audits may conduct on-
site reviews which are limited in scope to specific areas in
addition to full reviews which cover all areas.
(4) An on-site review of a school or school system shall
include a person or persons who has expert knowledge and experience
in the area or areas to be reviewed and who is designated by the
State Board from the Department of Education and the agencies
responsible for assisting the office. If the size of the school or
school system being reviewed necessitates the use of an on-site review team or teams, the person or persons designated by the State
Board shall advise and assist the director to appoint the team or
teams. The person or persons designated by the State Board shall be
the team leaders.
The persons designated by the State Board shall be responsible
for completing the report on the findings and recommendations of
the on-site review in their area of expertise. It is the intent of
the Legislature that the persons designated by the State Board
participate in all on-site reviews that involve their area of
expertise to the extent practicable so that the on-site review
process will evaluate compliance with the standards in a uniform,
consistent and expert manner.
(5) The Office of Education Performance Audits shall reimburse
a county board for the costs of substitutes required to replace
county board employees while they are serving on a review team.
(6) At the conclusion of an on-site review of a school system,
the Director and team leaders shall hold an exit conference with
the Superintendent and shall provide an opportunity for principals
to be present for at least the portion of the conference pertaining
to their respective schools. In the case of an on-site review of a
school, the exit conference shall be held with the principal and
the superintendent shall be provided the opportunity to be present.
(7) The Office of Education Performance Audits shall report
the findings of the on-site reviews to the State Board for
inclusion in the evaluation and determination of a school's or
county board's accreditation or approval status as applicable. The
report on the findings of an on-site review shall be submitted to the State Board within thirty days following the conclusion of the
on-site review and to the county superintendent and principals of
schools within the reviewed school system within forty-five days
following the conclusion of the on-site review. A copy of the
report shall be provided to the process for improving education
council.
(j) School accreditation. -- The State Board annually shall
review the information from the system of education performance
audits submitted for each school and shall issue to every school
one of the following approval levels: Exemplary accreditation
status, full accreditation status, temporary accreditation status,
conditional accreditation status, or seriously impaired status.
(1) Full accreditation status shall be given to a school when
the school's performance and progress on the standards adopted by
the State Board pursuant to subsections (c) and (d) of this section
are at a level which would be expected when all of the high quality
education standards are being met. A school which meets or exceeds
the measures of student performance and progress set forth in
subsection (d) of this section, and which does not have any
deficiencies which would endanger student health or safety or other
extraordinary circumstances as defined by the State Board, shall
remain on full accreditation status for six months following an on-
site review in which other deficiencies are noted. The school shall
have an opportunity to correct those deficiencies, notwithstanding
other provisions of this subsection.
(2) Temporary accreditation status shall be given to a school
when the measure of the school's performance and progress is below the level required for full accreditation status. Whenever a school
is given temporary accreditation status, the county board shall
ensure that the school's unified improvement plan is revised to
increase the performance and progress of the school to a full
accreditation status level. The revised unified school improvement
plan shall include objectives, a time line, a plan for evaluation
of the success of the improvements, cost estimates, and a date
certain for achieving full accreditation. The revised plan shall be
submitted to the State Board for approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance and progress on the standards
adopted by the State Board are below the level required for full
accreditation, but the school's unified improvement plan has been
revised to achieve full accreditation status by a date certain, the
plan has been approved by the State Board and the school is meeting
the objectives and time line specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance and progress on the standards adopted
by the State Board pursuant to subsections (c) and (d) of this
section substantially exceed the minimal level which would be
expected when all of the high quality education standards are being
met. The State Board shall promulgate legislative rules in
accordance with the provisions of article three-b, chapter twenty-
nine-a, designated to establish standards of performance and
progress to identify exemplary schools.
(5) The State Board shall establish and adopt standards of
performance and progress to identify seriously impaired schools and the State Board may declare a school seriously impaired whenever
extraordinary circumstances exist as defined by the State Board.
(A) These circumstances shall include, but are not limited to,
the following:
(i) The failure of a school on temporary accreditation status
to obtain approval of its revised unified school improvement plan
within a reasonable time period as defined by the State Board;
(ii) The failure of a school on conditional accreditation
status to meet the objectives and time line of its revised unified
school improvement plan; or
(iii) The failure of a school to achieve full accreditation by
the date specified in the revised plan.
(B) Whenever the State Board determines that the quality of
education in a school is seriously impaired, the State Board shall
appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correction of the impairment.
When the State Board approves the recommendations, they shall be
communicated to the county board. If progress in correcting the
impairment as determined by the State Board is not made within six
months from the time the county board receives the recommendations,
the State Board shall place the county board on temporary approval
status and provide consultation and assistance to the county board
to assist it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management
practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to
correct the impairment.
(C) If the impairment is not corrected by a date certain as
set by the State Board:
(i) The State Board shall appoint a monitor who shall be paid
at county expense to cause improvements to be made at the school to
bring it to full accreditation status within a reasonable time
period as determined by the State Board. The monitor's work
location shall be at the school and the monitor shall work
collaboratively with the principal. The monitor shall, at a
minimum, report monthly to the State Board on the measures being
taken to improve the school's performance and the progress being
made. The reports may include requests for additional assistance
and recommendations required in the judgment of the monitor to
improve the school's performance, including, but not limited to,
the need for targeting resources strategically to eliminate
deficiencies;
(ii) The State Board may make a determination, in its sole
judgment, that the improvements necessary to provide a thorough and
efficient education to the students at the school cannot be made
without additional targeted resources, in which case, it shall
establish a plan in consultation with the county board that
includes targeted resources from sources under the control of the
State Board and the county board to accomplish the needed
improvements. Nothing in this subsection shall be construed to
allow a change in personnel at the school to improve school
performance and progress, except as provided by law;
(iii) If the impairment is not corrected within one year after
the appointment of a monitor, the State Board may make a
determination, in its sole judgment, that continuing a monitor
arrangement is not sufficient to correct the impairment and may
intervene in the operation of the school to cause improvements to
be made that will provide assurances that a thorough and efficient
system of schools will be provided. This intervention may include,
but is not limited to, establishing instructional programs, taking
such direct action as may be necessary to correct the impairments,
declaring the position of principal is vacant and assigning a
principal for the school who shall serve at the will and pleasure
of and, under the sole supervision of, the State Board: Provided,
That prior to declaring that the position of the principal is
vacant, the State Board must make a determination that all other
resources needed to correct the impairment are present at the
school. If the principal who was removed elects not to remain an
employee of the county board, then the principal assigned by the
State Board shall be paid by the county board. If the principal who
was removed elects to remain an employee of the county board, then
the following procedure applies:
(I) The principal assigned by the State Board shall be paid by
the State Board until the next school term, at which time the
principal assigned by the State Board shall be paid by the county
board;
(II) The principal who was removed shall be placed on the
preferred recall list for all positions in the county for which the
principal is certified, as defined in section seven, article four of this chapter; and
(III) The principal who was removed shall be paid by the
county board and may be assigned to administrative duties, without
the county board being required to post that position until the end
of the school term;
(6) The county board shall take no action nor refuse any
action if the effect would be to impair further the school in which
the State Board has intervened.
(7) The State Board may appoint a monitor pursuant to the
provisions of this subsection to assist the school principal after
intervention in the operation of a school is completed.
(k) Transfers from seriously impaired schools. -- Whenever a
school is determined to be seriously impaired and fails to improve
its status within one year, any student attending the school may
transfer once to the nearest fully accredited school, subject to
approval of the fully accredited school and at the expense of the
school from which the student transferred.
(l) School system approval. -- The State Board annually shall
review the information submitted for each school system from the
system of education performance audits and issue one of the
following approval levels to each county board: Full approval,
temporary approval, conditional approval, or nonapproval.
(1) Full approval shall be given to a county board whose
education system meets or exceeds all of the high quality standards
for student, school and school system performance, progress and
processes adopted by the State Board and whose schools have all
been given full, temporary or conditional accreditation status. A school system which meets or exceeds the measures of student
performance and progress set forth in subsection (d) of this
section, and which does not have any deficiencies which would
endanger student health or safety or other extraordinary
circumstances as defined by the State Board, shall remain on full
accreditation status for six months following an on-site review in
which other deficiencies are noted. The school shall have an
opportunity to correct those deficiencies, notwithstanding other
provisions of this subsection.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its unified county improvement plan to
increase the performance and progress of the school system to a
full approval status level. The revised plan shall include
objectives, a time line, a plan for evaluation of the success of
the improvements, a cost estimate, and a date certain for achieving
full approval. The revised plan shall be submitted to the State
Board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose unified county improvement plan meets the
following criteria:
(i) The plan has been revised to achieve full approval status
by a date certain;
(ii) The plan has been approved by the State Board; and (iii)
The county board is meeting the objectives and time line specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its unified county
improvement plan or revised unified county improvement plan within
a reasonable time period as defined by the State Board or which
fails to meet the objectives and time line of its revised unified
county improvement plan or fails to achieve full approval by the
date specified in the revised plan.
(A) The State Board shall establish and adopt additional
standards to identify school systems in which the program may be
nonapproved and the State Board may issue nonapproval status
whenever extraordinary circumstances exist as defined by the State
Board.
(B) Whenever a county board has more than a casual deficit, as
defined in section one, article one of this chapter, the county
board shall submit a plan to the State Board specifying the county
board's strategy for eliminating the casual deficit. The State
Board either shall approve or reject the plan. If the plan is
rejected, the State Board shall communicate to the county board the
reason or reasons for the rejection of the plan. The county board
may resubmit the plan any number of times. However, any county
board that fails to submit a plan and gain approval for the plan
from the State Board before the end of the fiscal year after a
deficit greater than a casual deficit occurred or any county board
which, in the opinion of the State Board, fails to comply with an
approved plan may be designated as having nonapproval status.
(C) Whenever nonapproval status is given to a school system, the State Board shall declare a state of emergency in the school
system and shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correcting the
emergency. When the State board approves the recommendations, they
shall be communicated to the county board. If progress in
correcting the emergency, as determined by the State Board, is not
made within six months from the time the county board receives the
recommendations, the State Board shall intervene in the operation
of the school system to cause improvements to be made that will
provide assurances that a thorough and efficient system of schools
will be provided. This intervention may include, but is not limited
to, the following:
(i) Limiting the authority of the county superintendent and
county board as to the expenditure of funds, the employment and
dismissal of personnel, the establishment and operation of the
school calendar, the establishment of instructional programs and
rules and any other areas designated by the State Board by rule,
which may include delegating decision-making authority regarding
these matters to the State Superintendent;
(ii) Declaring that the office of the county superintendent is
vacant;
(iii) Delegating to the State Superintendent both the
authority to conduct hearings on personnel matters and school
closure or consolidation matters and, subsequently, to render the
resulting decisions, and the authority to appoint a designee for
the limited purpose of conducting hearings while reserving to the
State Superintendent the authority to render the resulting decisions;
(iv) Functioning in lieu of the county board of education in
a transfer, sale, purchase or other transaction regarding real
property; and
(v) Taking any direct action necessary to correct the
emergency including, but not limited to, the following:
(I) Delegating to the State Superintendent the authority to
replace administrators and principals in low performing schools and
to transfer them into alternate professional positions within the
county at his or her discretion; and
(II) Delegating to the State Superintendent the authority to
fill positions of administrators and principals with individuals
determined by the State Superintendent to be the most qualified for
the positions. Any authority related to intervention in the
operation of a county board granted under this paragraph is not
subject to the provisions of article four, chapter eighteen-a of
this code;
(m) Notwithstanding any other provision of this section, the
State Board may intervene immediately in the operation of the
county school system with all the powers, duties and
responsibilities contained in subsection (l) of this section, if
the State Board finds the following:
(1) That the conditions precedent to intervention exist as
provided in this section; and that delaying intervention for any
period of time would not be in the best interests of the students
of the county school system; or
(2) That the conditions precedent to intervention exist as provided in this section and that the State Board had previously
intervened in the operation of the same school system and had
concluded that intervention within the preceding five years.
(n) Capacity. -- The process for improving education includes
a process for targeting resources strategically to improve the
teaching and learning process. Development of unified school and
school system improvement plans, pursuant to subsection (b) of this
section, is intended, in part, to provide mechanisms to target
resources strategically to the teaching and learning process to
improve student, school and school system performance. When
deficiencies are detected through the assessment and accountability
processes, the revision and approval of school and school system
unified improvement plans shall ensure that schools and school
systems are efficiently using existing resources to correct the
deficiencies. When the State Board determines that schools and
school systems do not have the capacity to correct deficiencies,
the State Board shall work with the county board to develop or
secure the resources necessary to increase the capacity of schools
and school systems to meet the standards and, when necessary, seek
additional resources in consultation with the Legislature and the
Governor.
The State Board shall recommend to the appropriate body
including, but not limited to, the process for improving education
council, the Legislature, county boards, schools and communities
methods for targeting resources strategically to eliminate
deficiencies identified in the assessment and accountability
processes. When making determinations on recommendations, the State Board shall include, but is not limited to, the following methods:
(1) Examining reports and unified improvement plans regarding
the performance and progress of students, schools and school
systems relative to the standards and identifying the areas in
which improvement is needed;
(2) Determining the areas of weakness and of ineffectiveness
that appear to have contributed to the substandard performance and
progress of students or the deficiencies of the school or school
system;
(3) Determining the areas of strength that appear to have
contributed to exceptional student, school and school system
performance and progress and promoting their emulation throughout
the system;
(4) Requesting technical assistance from the School Building
Authority in assessing or designing comprehensive educational
facilities plans;
(5) Recommending priority funding from the school building
authority based on identified needs;
(6) Requesting special staff development programs from the
center for professional development the Principals Academy, higher
education, regional educational service agencies and county boards
based on identified needs;
(7) Submitting requests to the Legislature for appropriations
to meet the identified needs for improving education;
(8) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with increased enrollment are appropriately reflected and recommended
for funding;
(10) Ensuring that the appropriate person or entity is held
accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the
state and local level to assist the school or school system in
achieving the standards and alleviating the deficiencies.
§18-2I-3. Creation of West Virginia Professional Staff Development
Advisory Council; members; and functions.
(a) There shall be a West Virginia Professional Staff
Development Advisory Council which shall consist of the following
members:
(1) The chairpersons of each of the eight regional staff
development councils established in section five of this article;
(2) The coordinators of each of the eight regional educational
service agency staff development councils;
(3) The assistant superintendent for the Division of
Instructional and Student services of the State Department of
Education;
(4) The Secretary of Education and the Arts or his or her
designee, who shall chair the Council;
(5) The Chancellor of the Higher Education Policy Commission
or his or her designee;
(6) The executive director of the West Virginia center for
professional development;
(7) The presidents, or their designees, of each of the two
professional organizations or associations representing teachers in the state with the greatest number of teacher members.
(b) Any member of the Advisory Council may be reimbursed by
the State Board for the cost of reasonable and necessary expenses
actually incurred in the performance of their duties under this
article.
§18-2I-4. Functions of the West Virginia Professional Staff
Development Advisory Council.
The Council shall advise and assist the State Board in all
phases of developing or amending the goals for professional staff
development required by subsection (b) of this section. Advice and
assistance shall include, but is not limited to, the following:
(a) Reporting to the State Board on the professional staff
development needs identified by the public schools within the
respective regions;
(b) Recommending effective professional staff development
programs to meet identified needs; and
(c) Providing local input on the proposed goals and on the
professional staff development plan proposed by the center for
professional development pursuant to subsection (c) of this
section;
(d) Communicating professional staff development information
and findings to the regional and county staff development councils;
and
(e) Advancing the coordination and quality of professional
staff development programs in the public schools of West Virginia.
§18-5-18d. Study on programs for children under the age of five.
The State Department of Education and the Department of Health and Human Resources in consultation with the governor's cabinet on
children and families shall conduct a comprehensive study on
programs for children under the age of five. Such study shall
consider issues including, but not limited to, curriculum,
acquiring federal dollars, welfare reform, relation to day care
centers, relation to kindergarten programs, involvement of the
private sector, involvement of the public sector and cost
effectiveness. The State Department of Education and the Department
of Health and Human Resources shall submit a report to the
Legislative Oversight Commission on Education Accountability by the
first day of December, one thousand nine hundred ninety-seven.
§18A-1-1. Definitions.
The definitions contained in section one, article one, chapter
eighteen of this code apply to this chapter. In addition, the
following words used in this chapter and in any proceedings
pursuant to this chapter shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School personnel" means all personnel employed by a
county board whether employed on a regular full-time basis, an
hourly basis or otherwise. School personnel shall be comprised of
two categories: Professional personnel and service personnel;
(b) "Professional personnel" means persons who meet the
certification requirements of the state, licensing requirements of
the state or both and includes the professional educator and other
professional employees;
(c) "Professional educator" has the same meaning as "teacher"
as defined in section one, article one, chapter eighteen of this code. Professional educators shall be classified as:
(1) "Classroom teacher" means a professional educator who has
direct instructional or counseling relationship with pupils,
spending the majority of his or her time in this capacity;
(2) "Principal" means a professional educator who, as agent of
the county board, has responsibility for the supervision,
management and control of a school or schools within the guidelines
established by the county board. The major area of the
responsibility shall be the general supervision of all the schools
and all school activities involving pupils, teachers and other
school personnel;
(3) "Supervisor" means a professional educator who, whether by
this or other appropriate title, is responsible for working
primarily in the field with professional and other personnel in
instructional and other school improvement; and
(4) "Central office administrator" means a superintendent,
associate superintendent, assistant superintendent and other
professional educators, whether by these or other appropriate
titles, who are charged with the administering and supervising of
the whole or some assigned part of the total program of the
countywide school system;
(d) "Other professional employee" means that person from
another profession who is properly licensed and is employed to
serve the public schools and includes a registered professional
nurse, licensed by the West Virginia Board of Examiners for
registered professional nurses and employed by a county board, who
has completed either a two-year (sixty-four semester hours) or a three-year (ninety-six semester hours) nursing program;
(e) "Service personnel" means those who serve the school or
schools as a whole, in a nonprofessional capacity, including such
areas as secretarial, custodial, maintenance, transportation,
school lunch and as aides;
(f) "Principals Academy" or "Academy" means the Academy
created pursuant to section two-bc, article three-a of this
chapter;
(g) "Center for professional development" means the center
created pursuant to section one, article three-a of this chapter;
(h) "Job-sharing arrangement" means a formal, written
agreement voluntarily entered into by a county board with two or
more of its employees who wish to divide between them the duties
and responsibilities of one authorized full-time position;
(i)(h) "Prospective employable professional personnel" means
certified professional educators who:
(1) Have been recruited on a reserve list of a county board;
(2) Have been recruited at a job fair or as a result of
contact made at a job fair;
(3) Have not obtained regular employee status through the job
posting process provided for in section seven-a, article four of
this chapter; and
(4) Have obtained a baccalaureate degree from an accredited
institution of higher education within the past year;
(j)(i) "Dangerous student" means a pupil who is substantially
likely to cause serious bodily injury to himself, herself or
another individual within that pupil's educational environment, which may include any alternative education environment, as
evidenced by a pattern or series of violent behavior exhibited by
the pupil, and documented in writing by the school, with the
documentation provided to the student and parent or guardian at the
time of any offense; and
(k)(j) "Alternative education" means an authorized departure
from the regular school program designed to provide educational and
social development for students whose disruptive behavior places
them at risk of not succeeding in the traditional school structures
and in adult life without positive interventions.
§18A-2-9. Duties and responsibilities of school principals;
assistant principals.
Upon the recommendation of the county superintendent of
schools, the county board of education shall employ and assign,
through written contract, public school principals who shall
supervise the management and the operation of the school or schools
to which they are assigned. Such principals shall hold valid
administrative certificates appropriate for their assignments.
Beginning on the first day of July, one thousand nine hundred
ninety-four, the prerequisites for issuance of an administrative
certificate for principals shall include that the person has
successfully completed at least six credit hours of approved course
work in public school management techniques at an accredited
institution of higher education and has successfully completed
education and training in evaluation skills through the center for
professional development, or equivalent an education and training
program in evaluation skills approved by the State Board.
Under the supervision of the superintendent and in accordance
with the rules and regulations of the county board of education,
the principal shall assume administrative and instructional
supervisory responsibility for the planning, management, operation
and evaluation of the total educational program of the school or
schools to which he is assigned.
The principal may submit recommendations to the
superintendent regarding the appointment, assignment, promotion,
transfer and dismissal of all personnel assigned to the school or
schools under said principal's control. Such recommendation shall
be submitted in writing as prescribed by the superintendent.
The principal shall perform such other duties as may be
assigned by the superintendent pursuant to the rules and
regulations of the county board of education.
Upon recommendation of the county superintendent of schools,
the county board of education shall, when needed, employ and
assign, through written contract, assistant principals who shall
work under the direction of the school principal. Such assistant
principals shall hold valid administrative certificates appropriate
for their assignments.
On or before the first day of July, one thousand nine hundred
eighty-nine and continuing thereafter, each county board of
education shall assign a certificated principal to each school and
no principal may be assigned more than two schools: Provided, That
where enrollment exceeds four hundred students there will be no
additional schools assigned to that principal.
No principal assigned to more than one school may be assigned any teaching duties except on a temporary emergency basis. No
county shall have more teaching principalships or multi-school
principalships than was present on the first day of January, one
thousand nine hundred eighty-eight.
On or before the first day of July, one thousand nine hundred
ninety-three and continuing thereafter, each county board of
education shall employ a full-time supervising principal at each
school whose net enrollment equals or exceeds one hundred seventy
students. A principal assigned to a school with a net enrollment
equal to or greater than one hundred seventy students may not be
assigned any teaching duties except on a temporary emergency basis.
When a principal is assigned on a full-time basis to a school whose
net enrollment is more than seventy-five students but less than one
hundred seventy students, such principal shall have a minimum of
twenty hours per week for nonteaching duties. A principal assigned
on a full-time basis to a school with seventy-five students or less
shall have a minimum of ten hours per week for nonteaching duties:
Provided, That nothing in this section prohibits a county board of
education from assigning a full-time supervising principal to a
school with a net enrollment of less than one hundred seventy students.
Nothing contained in this section shall be construed to reduce or
limit the rights and privileges of principals and assistant
principals as teachers under the provisions of section one, article
one, chapter eighteen of the code of West Virginia as
amended;section one, article one, chapter eighteen-a; and other
provisions of this code: Provided, That on or before the first day
of July, one thousand nine hundred ninety-three, the State Board of Education shall not deny a county board of education the right to
place a principal in a school with less than one hundred seventy
students.
§18A-2-12. Performance evaluations of school personnel;
professional personnel evaluation process.
(a) The State Board of Education shall adopt a written system
for the evaluation of the employment performance of personnel,
which system shall be applied uniformly by county boards of
education in the evaluation of the employment performance of
personnel employed by the board.
(b) The system adopted by the State Board of Education for
evaluating the employment performance of professional personnel
shall be in accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel",
"professional" or "professionals", means professional personnel as
defined in section one, article one of this chapter.
(d) In developing the professional personnel performance
evaluation system, and amendments thereto, the state board shall
consult with the professional development project of the center for
professional development created in section three, article three-a
of this chapter. The center shall participate actively with the
state board in developing written standards for evaluation which
clearly specify satisfactory performance and the criteria to be
used to determine whether the performance of each professional
meets such standards.
(e) The performance evaluation system shall contain, but shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated,
whether they be teachers, substitute teachers, administrators,
principals, or others;
(2) The frequency and duration of the evaluations, which shall
be on a regular basis and of such frequency and duration as to
insure the collection of a sufficient amount of data from which
reliable conclusions and findings may be drawn: Provided, That for
school personnel with five or more years of experience, who have
not received an unsatisfactory rating, evaluations shall be
conducted no more than once every three years unless the principal
determines an evaluation for a particular school employee is needed
more frequently: Provided, however, That a classroom teacher may
exercise the option of being evaluated at more frequent intervals;
(3) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of
the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for
individual professionals;
(C) Serve as documentation for a dismissal on the grounds of
unsatisfactory performance; and
(D) Serve as a basis for programs to increase the professional
growth and development of professional personnel;
(4) The standards for satisfactory performance for
professional personnel and the criteria to be used to determine
whether the performance of each professional meets such standards and other criteria for evaluation for each professional position
evaluated. Effective the first day of July, two thousand three and
thereafter, professional personnel, as appropriate, shall
demonstrate competency in the knowledge and implementation of the
technology standards adopted by the State Board. If a professional
fails to demonstrate competency, in the knowledge and
implementation of these standards, he or she will be subject to an
improvement plan to correct the deficiencies; and
(5) Provisions for a written improvement plan, which shall be
specific as to what improvements, if any, are needed in the
performance of the professional and shall clearly set forth
recommendations for improvements, including recommendations for
additional education and training during the professional's
recertification process.
(f)(e) A professional whose performance is considered to be
unsatisfactory shall be given notice of deficiencies. A remediation
plan to correct deficiencies shall be developed by the employing
county board of education and the professional. The professional
shall be given a reasonable period of time for remediation of the
deficiencies and shall receive a statement of the resources and
assistance available for the purposes of correcting the
deficiencies.
(g)(f) No person may evaluate professional personnel for the
purposes of this section unless the person has an administrative
certificate issued by the State Superintendent and has successfully
completed education and training in evaluation skills through the center for professional development, or equivalent education
training program approved by the State Board, which will enable the
person to make fair, professional, and credible evaluations of the
personnel whom the person is responsible for evaluating. After the
first day of July, one thousand nine hundred ninety-four, no person
may be issued an administrative certificate or have an
administrative certificate renewed unless the State Board
determines that the person has successfully completed education and
training in evaluation skills through the center for professional
development, or equivalent an education and training program
approved by the State Board.
(h)(g) Any professional whose performance evaluation includes
a written improvement plan shall be given an opportunity to improve
his or her performance through the implementation of the plan. If
the next performance evaluation shows that the professional is now
performing satisfactorily, no further action may be taken
concerning the original performance evaluation. If the evaluation
shows that the professional is still not performing satisfactorily,
the evaluator either shall make additional recommendations for
improvement or may recommend the dismissal of the professional in
accordance with the provisions of section eight of this article.
(i)(h) Lesson plans are intended to serve as a daily guide for
teachers and substitutes for the orderly presentation of the
curriculum. Lesson plans may not be used as a substitute for
observations by an administrator in the performance evaluation
process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson
plans on the internet or otherwise make them available to students
and parents or to include in his or her lesson plans any of the
following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as
a guide to the teacher or substitute for daily instruction; and
(j)(i) The Legislature finds that classroom teachers must be
free of unnecessary paper work so that they can focus their time on
instruction. Therefore, classroom teachers may not be required to
keep records or logs of routine contacts with parents or guardians.
(k)(j) Nothing in this section may be construed to prohibit
classroom teachers from voluntarily posting material on the
internet.
§18A-3-1. Teacher preparation programs; program approval and
standards; authority to issue teaching certificates.
(a) The education of professional educators in the state shall
be under the general direction and control of the State Board of
Education after consultation with the Secretary of Education and
the Arts and the Chancellor for Higher Education who shall
represent the interests of teacher preparation programs within the
institutions of higher education in this state as those
institutions are defined in section two, article one, chapter eighteen-b of this code.
The education of professional educators in the state includes
all programs leading to certification to teach or serve in the
public schools including: (1) Those programs in all institutions of
higher education, including student teaching in the public schools;
(2) beginning teacher internship programs; (3) the granting of West
Virginia certification to persons who received their preparation to
teach outside the boundaries of this state, except as provided in
subsection (b) of this section; (4) any alternative preparation
programs in this state leading to certification, including programs
established pursuant to the provisions of section one-a of this
article and programs which are in effect on the effective date of
this section; and (5) any continuing professional education,
professional development and in-service training programs for
professional educators employed in the public schools in the state.
(b) The State Board of Education, after consultation with the
secretary of education and the arts and the Chancellor for Higher
Education who shall represent the interests of teacher preparation
programs within the institutions of higher education in this state
as those institutions are defined in section two, article one,
chapter eighteen-b of this code, shall adopt standards for the
education of professional educators in the state and for the
awarding of certificates valid in the public schools of this state
subject to the following conditions:
(1) The standards approved by the Board for teacher
preparation shall include a provision for the study of
multicultural education. As used in this section, multicultural education means the study of the pluralistic nature of American
society including its values, institutions, organizations, groups,
status positions and social roles;
(2) Effective the first day of January, one thousand nine
hundred ninety-three, the standards approved by the Board shall
also include a provision for the study of classroom management
techniques and shall include methods of effective management of
disruptive behavior which shall include societal factors and their
impact on student behavior; and
(3) Effective on the effective date of this section, any
teacher who has graduated from a teacher preparation program at a
regionally accredited institution of higher education and who holds
a valid teaching certificate or certificates issued by another
state shall be, upon application, awarded a teaching certificate or
certificates for the same grade level or levels and subject area or
areas valid in the public schools of this state, subject only to
the provisions of section ten of this article.
(c) To give prospective teachers the teaching experience
needed to demonstrate competence as a prerequisite to
certification, the State Board of Education may enter into an
agreement with county boards for the use of the public schools.
Such agreement shall recognize student teaching as a joint
responsibility of the teacher preparation institution and the
cooperating public schools and shall include: (1) The minimum
qualifications for the employment of public school teachers
selected as supervising teachers; (2) the remuneration to be paid
public school teachers by the State Board, in addition to their contractual salaries, for supervising student teachers; and (3)
minimum standards to guarantee the adequacy of the facilities and
program of the public school selected for student teaching. The
student teacher, under the direction and supervision of the
supervising teacher, shall exercise the authority of a substitute
teacher.
(d) The State Superintendent of Schools may issue certificates
to graduates of teacher education programs and alternative teacher
education programs approved by the State Board of Education and in
accordance with this section and rules adopted by the State Board
after consultation with the Secretary of Education and the Arts and
the Chancellor for Higher Education. A certificate to teach shall
not be granted to any person who is not a citizen of the United
States, is not of good moral character and physically, mentally and
emotionally qualified to perform the duties of a teacher and who
has not attained the age of eighteen years on or before the first
day of October of the year in which his or her certificate is
issued; except that an exchange teacher from a foreign country, or
an alien person who meets the requirements to teach, may be granted
a permit to teach within the public schools of the state.
(e) In consultation with the Secretary of Education and the
Arts and the Chancellor for Higher Education, institutions of
higher education approved for teacher preparation may cooperate
with each other with the center for professional development and
with one or more county boards in the organization and operation of
centers to provide selected phases of the teacher preparation
program such as student teaching, beginning teacher internship programs, instruction in methodology and seminar programs for
college students, teachers with provisional certification,
professional support team members and supervising teachers.
The institutions of higher education the center for
professional development and county boards may by mutual agreement
budget and expend funds for the operation of the centers through
payments to the appropriate fiscal office of the participating
institutions the center for professional development and the county
boards.
(f) The provisions of this section shall not be construed to
require the discontinuation of an existing student teacher training
center or school which meets the standards of the State Board of
Education.
(g) All institutions of higher education approved for teacher
preparation in the school year of one thousand nine hundred sixty-
two--sixty-three shall continue to hold that distinction so long as
they meet the minimum standards for teacher preparation. Nothing
contained herein shall infringe upon the rights granted to any
institution by charter given according to law previous to the
adoption of this code.
§18A-3-2b. Beginning teacher internships.
(a) Every person to whom a professional teaching certificate
is awarded after the first day of January, one thousand nine
hundred ninety-two, shall successfully complete a beginning teacher
internship program under the provisions of this section, except
such persons who were awarded a professional teaching certificate
on the basis of at least five years teaching experience in another state.
The beginning teacher internship program is a school based
program intended to provide appropriate staff development
activities and supervision to beginning teachers to assure their
competency for licensure to teach in the public schools of this
state. The beginning teacher internship program shall consist of
the following components:
(1) A professional support team comprised of the school
principal, who shall be the chair of the professional support team,
a member of the county professional staff development council and
an experienced classroom teacher at the school who teaches the same
or similar subject and grade level as the beginning teacher and who
shall serve as a mentor for the beginning teacher;
(2) An orientation program to be conducted prior to the
beginning of the instructional term, but within the employment
term, supervised by the mentor teacher;
(3) The scheduling of joint planning periods for the mentor
and beginning teacher throughout the school year;
(4) Mentor observation of the classroom teaching skills of the
beginning teacher for at least one hour per week during the first
half of the school year and which may be reduced at the discretion
of the mentor to one hour every two weeks during the second half of
the school year;
(5) Weekly meetings between the mentor and the beginning
teacher at which the mentor and the beginning teacher discuss the
performance of the beginning teacher and any needed improvements,
which meetings may be reduced at the discretion of the mentor to biweekly meetings during the second half of the school year;
(6) Monthly meetings of the professional support team to
discuss the performance of the beginning teacher which meetings may
include all mentor members of all professional support teams at the
school if helpful in the judgment of the participants;
(7) In-service professional development programs provided
through the professional development project of the center for
professional development for beginning teachers and for mentors
both of which will be held in the first half of the school year;
(8) The provision of necessary release time from regular
duties for the mentor teacher, as agreed to by the principal and
the mentor teacher, and a stipend of at least six hundred dollars
for the mentor teacher for duties as a mentor teacher; and
(9)(8) A final evaluation of the performance of the beginning
teacher completed by the principal on a form developed by the State
Board of Education.
(b) The final evaluation form shall be submitted by the
principal to the county school superintendent and shall include one
of the following recommendations:
(1) Full professional status: A recommendation of full
professional status indicates that the beginning teacher has
successfully completed the internship program and in the judgment
of the principal has demonstrated competence as a professional
educator;
(2) Continuing internship status: A recommendation of
continuing internship status indicates that in the judgment of the
principal the beginning teacher requires further supervision and further employment in the district should be conditioned upon
successful completion of an additional year under a beginning
teacher internship program; or
(3) Discontinue employment: A recommendation to discontinue
employment indicates that in the judgment of the principal the
beginning teacher has completed two years of employment under
supervision in a beginning teacher internship program, has not
demonstrated competence as a professional educator and will not
benefit from further supervised employment in the district.
§18A-3-2c. Principals Academy; training through the Principals
Academy.
(a) There is hereby established within the Department of
Education the "Principals Academy". Training through the Principals
Academy shall include at least the following:
(1) Training designed to build within principals the minimum
qualities, proficiencies and skills that will be required of all
principals pursuant to the rules of the State Board;
(2) Specialized training and professional development programs
for all principals; and
(3) Specialized training and professional development programs
for the following principals:
(A) Newly appointed principals;
(B) Principals whose schools have been designated as seriously
impaired, which programs shall commence as soon as practicable
following the designation;
(C) Principals subject to improvement plans; and
(D) Principals of schools with significantly different grade level configurations.
(
a)
(b) Principal training and professional development
required. -- After the effective date of this section and subject
to the provisions of subsection
(c)
(d) of this section, every
principal shall complete training and professional development
through the Principals Academy as provided in subsection
(b)
(c) of
this section.
(b)
(c) Principal training and professional development through
the academy. -- The Academy and the persons required to complete
training and professional development through the Academy shall
adhere to the following guidelines:
(1) All persons assigned as a principal for the first time in
a West Virginia school after the first day of July, two thousand
two, shall complete specialized training and professional
development for newly appointed principals through the Academy
within the first twelve months following assignment;
(2) All principals of schools which have been designated as
seriously impaired, in accordance with section five, article two-e,
chapter eighteen of this code, shall complete specialized training
and professional development through the Academy specifically
designed to assist the principal to improve school performance
commencing as soon as practicable following receipt of the
designation;
(3) All principals who are subject to an improvement plan, in
accordance with section twelve, article two of this chapter, shall
complete specialized training and professional development through the Academy specifically designed for principals subject to an
improvement plan. The specialized training and professional
development shall be completed within twelve months from the date
that the principal is first subject to the improvement plan;
(4) All principals who transfer to a school with a
significantly different grade configuration shall complete
specialized training and professional development for principals in
schools with the grade configuration to which they transferred
through the Academy within the first twelve months following
transfer; and
(5) All persons serving as school principals shall complete
training and professional development through the Academy designed
to build the qualities, proficiencies and skills required of all
principals as determined by the State Board.
(c)
(d) Academy and requirements to complete training and
professional development subject to funding. -- The requirement
that principals complete training and professional development
through the Academy shall be subject to the availability of funds
for the principals academy from legislative appropriation and from
other sources. If these funds are insufficient to provide for the
total cost of the training and professional development required by
subsection (b)(c) of this section, then the Academy shall provide
training and professional development for the persons described in
subdivisions (1) through (5), of subsection
(b)
(c) according to the
priority in which the subdivisions appear in that subsection. If
such funds are insufficient to provide for the training and professional development of all the persons described in one or
more of subdivisions (1) through (5), subsection
(b)
(c) of this
section, the Academy is authorized to determine which persons
described within the subdivision or subdivisions shall be admitted
and which shall not be admitted: Provided, That the Principals
Academy shall make every effort to ensure that all principals
receive training and professional development through the Academy
at least once every six years effective the first day of July, two
thousand two and thereafter: Provided, however, That nothing in
this section shall be construed to require any specific level of
funding by the Legislature.
(d)
(e) Principals Standards Advisory Council. -- To assist the
State Board in the performance of the duties described in
subsection
(e)
(f) of this section, there is hereby created a
"Principals Standards Advisory Council", which shall consist of
nine persons, as follows: The executive director of the center for
professional development, who shall serve as the ex officio chair;
three principals, one from an elementary school and one from a
middle school or a junior high school selected by the West Virginia
association of elementary and middle school principals, and one
from a high school selected by the West Virginia association of
secondary school principals; one county school superintendent
selected by the West Virginia association of school administrators;
and two representatives from higher education who teach in
principal preparation programs selected by the Teacher Education
Advisory Council; and twothree citizen representatives who are knowledgeable on issues addressed in this section, appointed by the
governor. Members of the Principals Standards Advisory Council who
are public employees shall be granted release time from their
employment for attending meetings of the Council. Members may be
reimbursed for reasonable and necessary expenses actually incurred
in the performance of their official duties by the State Department
of Educationcenter for professional development. The terms of all
members appointed to the Principals Standards Advisory Council
under the prior enactment of this section shall terminate on the
thirty-first day of August, two thousand two. The Council shall
annually elect a chairperson. The Principals Standards Advisory
Council as amended on the effective date of this section shall
become effective on the first day of September, two thousand two.
(e)
(f) Establishment of standards. -- On or before the first
day of October, one thousand nine hundred ninety-six, the State
Board shall approve and promulgate rules regarding the minimum
qualities, proficiencies and skills that will be required of
principals after the first day of January, one thousand nine
hundred ninety-seven. The State Board shall promulgate and may from
time to time amend such rules after consultation with the
Principals Standards Advisory Council created in subsection (d) of
this section. The rules promulgated by the State Board shall
address at least the following:
(1) Staff relations, including, but not limited to, the
development and use of skills necessary to make a positive use of
faculty senates, manage faculty and staff with courtesy and mutual respect, coach and motivate employees, and build consensus as a
means of management;
(2) School community leadership qualities, including, but not
limited to, the ability to organize and leverage community
initiative, communicate effectively, work effectively with local
school improvement councils, manage change, resolve conflict and
reflect the highest personal values;
(3) Educational proficiencies, including, but not limited to,
knowledge of curriculum, instructional techniques, student learning
styles, student assessment criteria, school personnel performance,
evaluation skills and family issues; and
(4) Administrative skills, including, but not limited to,
organizational, fiscal, public policy and total quality management
skills and techniques.
(f)
(g) Waivers. -- Any person desiring to be relieved of the
requirements of all or any part of this section may apply in
writing to the State Board for a waiver. Upon a showing of
reasonable cause why relief should be granted, the State Board may
grant a waiver, upon such terms and conditions as the State Board
shall determine proper, as to all or any part of this section.
(g)
(h) Failure to comply. -- Any person who fails or refuses
to complete training and professional development through the
academy, as required by the provisions of this section, and who
fails to obtain a waiver, as described in subsection
(f)
(g) of this
section, shall be ineligible to be employed as, or serve in the
capacity of, a principal.
(h)
(i) Tracking of requirement. -- On or before the first day
of January, one thousand nine hundred ninety-seven, the State Board
shall establish a system to track the progress of each person
required to complete training through the academy and shall
regularly advise such persons of their progress.
(i)
(j) Payment of reasonable and necessary expenses and
stipends. -- The Department of Educationcenter for professional
development shall reimburse persons attending the academy for
reasonable and necessary expenses. A person may not be required to
complete training and professional development through the
principals academy before the fifteenth day of September and after
the first day of June of the school year. The Principals
Academycenter for professional development shall utilize
alternative methods of instructional delivery and scheduling,
including electronic delivery, as considered appropriate to
minimize the amount of time principals completing training and
professional development through the Academy are required to be
away from their school duties. Nothing in this section shall be
construed to require any specific level of funding by the Legislature.
§18A-3A-5. West Virginia Advanced Placement Center.
There is established within the Department of Education and
the Arts a West Virginia Advanced Placement Center to provide
statewide coordination for the continued growth and development of
the advanced placement programs in West Virginia high schools. The
center will assist the West Virginia Department of Education,
county boards of education, institutions of higher education, the college board, inc., and the West Virginia Advanced Placement
Advisory Council in all matters relative to the advanced placement
in this state.
The specific functions of the center include:
(1) Coordinating advanced placement teacher training
institutes;
(2) Establishing a cadre of instructors for the advanced
placement teacher training institutes;
(3) Providing follow-up teacher training for advanced
placement teachers;
(4) Identifying and obtaining external sources of funding;
(5) Networking advanced placement teachers through an advanced
placement newsletter;
(6) Serving as a liaison for the college board and the West
Virginia Department of Education, county boards of education,
institutions of higher education, the West Virginia Advanced
Placement Advisory Council, the Legislature and the Governor;
(7) Conducting research and evaluating the state's Advanced
Placement Program;
(8) Assisting county boards of education and local schools in
establishing, evaluating and maintaining advanced placement
programs;
(9) Serving as a clearinghouse for advanced placement
materials and correspondence; and
(10) Certify individual courses that meet the established
standards of advanced placement programs.
CHAPTER 49. CHILD WELFARE.
ARTICLE 9. MISSING CHILDREN INFORMATION ACT.
§49-9-3. Clearinghouse function.
(a) The missing children information clearinghouse is
established under the West Virginia State Police. The state police:
(1) Shall provide for the administration of the clearinghouse;
and
(2) May promulgate rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to carry out the
provisions of this article.
(b) The clearinghouse is a central repository of information
on missing children and shall be used by all law-enforcement
agencies in this state.
(c) The clearinghouse shall:
(1) Establish a system of intrastate communication of
information relating to missing children;
(2) Provide a centralized file for the exchange of information
on missing children and unidentified bodies of children within the
state;
(3) Communicate with the national crime information center for
the exchange of information on missing children suspected of
interstate travel;
(4) Collect, process, maintain and disseminate accurate and
complete information on missing children;
(5) Provide a statewide toll-free telephone line for the
reporting of missing children and for receiving information
onmissing children;
(6) Disseminate to custodians, law-enforcement agencies, the State Department of Education, the governor's cabinet on children
and families Department of Health and Human Resources and the
general public information that explains how to prevent child
abduction and what to do if a child becomes missing;
(7) Compile statistics relating to the incidence of missing
children within the state;
(8) Provide training materials and technical assistance to
law-enforcement agencies and social services agencies pertaining to
missing children; and
(9) Establish a media protocol for disseminating information
pertaining to missing children.
(d) The clearinghouse shall print and distribute posters,
flyers and other forms of information containing descriptions of
missing children.
(e) The state police may accept public or private grants,
gifts and donations to assist in carrying out the provisions of
this article.
§49-9-15. Clearinghouse Advisory Council; members, appointments and
expenses; appointment, duties and compensation of
director.
(a) There is hereby created a Clearinghouse Advisory Council,
which is a body corporate and politic, constituting a public
corporation and government instrumentality. The Council shall
consist of eleven members, who are knowledgeable about and
interested in issues relating to missing or exploited children, as
follows:
(1) FourSeven members to be appointed by the Governor, with the advice and consent of the Senate, with not more than twofour
belonging to the same political party, three being from different
congressional districts of the state and, as nearly as possible,
providing broad state geographical distribution of members of the
Council, and at least one representing a nonprofit organization
involved with preventing the abduction, runaway or exploitation of
children or locating missing children;
(2) One person to be appointed by the governor, with the
advice and consent of the Senate, from a list of two persons
recommended by the speaker of the House of Delegates;
(3) One member to be appointed by the governor, with the
advice and consent of the Senate, from a list of two persons
recommended by the president of the Senate;
(4) The Secretary of the Department of Health and Human
Resources or his or her designee;
(5) The Superintendent of the West Virginia State Police or
his or her designee;
(6) The State Superintendent of Schools or his or her
designee; and
(7) The Director of the Criminal Justice and Highway Safety
Division or his or her designee; and
(8) The executive director of the governor's cabinet on
children and families.
(b) Not later than the first day of June, one thousand nine
hundred ninety-seven, the Governor shall appoint the six appointed
Council members for staggered terms. The terms of the board members
first taking office on or after the effective date of this legislation shall expire as designated by the Governor at the time
of their appointment, one at the end of the year, two at the end of
the second year, and two at the end of the third year. As the
original appointments expire, each subsequent appointment shall be
for a full three-year term. Any appointed member whose term is
expired shall serve until a successor has been duly appointed and
qualified. Any person appointed to fill a vacancy shall serve only
for the unexpired term. A member is eligible for only one
successive reappointment. In cases of any vacancy in the office of
a member, such vacancy shall be filled by the Governor in the same
manner as the original appointment was made.
(c) Members of the Council are not entitled to compensation
for services performed as members but are entitled to reimbursement
for all reasonable and necessary expenses actually incurred in the
performance of their duties. A majority of serving members
constitutes a quorum for the purpose of conducting business. The
chairman of the Council shall be designated by the Governor from
among the appointed Council members who represent nonprofit
organizations involved with preventing the abduction, runaway or
exploitation of children or locating missing children. The term of
the chairman shall run concurrently with his or her term of office
as a member of the Council. The Council shall conduct all meetings
in accordance with the open governmental meetings law pursuant to
article nine-a, chapter six of this code.
(d) The employee of the West Virginia State Police who is
primarily responsible for the clearinghouse established by section
three of this article shall serve as the Executive Director of the Council. He or she shall receive no additional compensation for
service as the Executive Director of the Council but shall be
reimbursed for any reasonable and necessary expenses actually
incurred in the performance of his or her duties as executive
director.
(e) The expenses of the council members and the Executive
Director shall be reimbursed from funds provided by foundation
grants, in-kind contributions or funds obtained pursuant to
subsection (b), section seventeen of this article.
(f) The Executive Director shall provide or obtain information
necessary to support the administrative work of the Council and, to
that end, may contract with one or more nonprofit organizations or
state agencies for research and administrative support. The
Executive Director of the Council shall be available to the
governor and to the speaker of the House of Delegates and the
president of the Senate to analyze and comment upon proposed
legislation and rules which relate to or materially affect missing
or exploited children.
(g) The Council shall prepare and publish an annual report of
its activities and accomplishments and submit it to the governor
and to the Legislature's Joint Committee on Government and Finance
on or before the fifteenth day of December of each year.
NOTE: The purpose of this bill is to provide for the transfer
of the Governor's Office on Technology to the Department of
Administration; for the transfer of duties of the Governor's
Cabinet on Children and Families to the Department of Health and
Human Resources; for the elimination of the Governor's Cabinet on
Children and Families; for the elimination of the Center for
Professional Development; for the reorganization and restructuring
of the West Virginia Educational Broadcasting Authority and the
West Virginia Parkways, Economic Development and Tourism Authority;
for the modification of the term of the Chief Administrative Law Judge of the Office of Tax Appeals; and for the Governor to have
the authority to appoint two administrative law judges to the
Office of Tax Appeals.
Strike-throughs indicate language that would be stricken from
present law and underscoring indicates new language that would be
added.
Sections §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-5, §5A-6-6,
§5A-6-7, §5A-6-8, §9-2-6b, §9-2-6c, §9-2-6d, §9-2-6e, and §9-4-1a
are new; therefore, strike-throughs and underscoring have been
omitted.