The following words used in this chapter and in any proceedings pursuant thereto have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "School" means the students and teachers assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia Board of Education;
(d) "County board" or "board" means a county board of education;
(e) "State superintendent" means the State Superintendent of Free Schools;
(f) "County superintendent" or "superintendent" means a county superintendent of schools;
(g) "Teacher" means a teacher, supervisor, principal, superintendent, public school librarian or any other person regularly employed for instructional purposes in a public school in this state;
(h) "Service person" or "service personnel," whether singular or plural, means any nonteaching school employee who is not included in the meaning of "teacher" as defined in this section, and who serves the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and aides. Any reference to "service employee" or "service employees" in this chapter or chapter eighteen-a of this code means service person or service personnel as defined in this section;
(i) "Social worker" means a nonteaching school employee who, at a minimum, possesses an undergraduate degree in social work from an accredited institution of higher learning and who provides various professional social work services, activities or methods as defined by the state board for the benefit of students;
(j) "Regular full-time employee" means any person employed by a county board who has a regular position or job throughout his or her employment term, without regard to hours or method of pay;
(k) "Career clusters" means broad groupings of related occupations;
(l) "Work-based learning" means a structured activity that correlates with and is mutually supportive of the school-based learning of the student and includes specific objectives to be learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled to attend or who, if not placed in a residential facility, would be entitled to attend public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter;
(n) "Student with a disability" means an exceptional child, other than gifted, pursuant to section one, article twenty of this chapter;
(o) "Casual deficit" means a deficit of not more than three percent of the approved levy estimate or a deficit that is nonrecurring from year to year.
The school year shall begin on the first day of July and end
on the thirtieth day of June, and all reports, accounts and
settlements respecting the free schools shall be made with
reference to the school year.
(b) For the purposes of this section:
(1) "Goals" means those long-term public purposes which are the desired end result and only may include those items listed in subsection (e) of this section;
(2) "Objectives" means the ends to be accomplished or attained within a specified period of time for the purpose of meeting the established goals; and
(3) "Strategies" means specific activities carried out by the public education system which are directed toward accomplishing specific objectives.
(c) The Legislature finds that:
(1) The measure of a thorough and efficient system of education is whether students graduate prepared to meet the challenges of the future as contributing members of society and that these challenges change, becoming ever more complex and involving a global context more than at any other time in the history of our nation;
(2) The state recently has embraced and is implementing the Partnership for 21st Century Skills model for teaching and learning including six key elements (core subjects, 21st Century content, learning and thinking skills, information and communications technology literacy, life skills and 21st Century assessments) to help better prepare students for the challenges of the 21st Century;
(3) Published national studies by several organizations routinely examine various elements of state education systems and selected underlying socioeconomic variables and rate and rank West Virginia and the other states, the District of Columbia and the territories based on the measurement systems and priorities established by the organizations, and these measurement systems and priorities change;
(4) While the state should take pride in studies that show West Virginia is among the leaders in several of its efforts and is making progress, its students often outperforming expectations based on typical indicators of the likelihood for student success, such as the income and education levels of their parents, it should also recognize that the state must do even more to ensure that high school graduates are fully prepared for post-secondary education or gainful employment;
(5) Therefore, the purpose of this section is to provide for the establishment of a clear plan that includes goals, objectives, strategies, indicators and benchmarks to help guide the state's policymakers on the continuous development of the state's education system for the 21st Century.
(d) As part of Vision 2020: An Education Blueprint for Two Thousand Twenty, the state board shall establish a plan in accordance with the provisions of this section for submission to and consideration by the Process for Improving Education Council pursuant to section five-c, article two-e of this chapter. The plan shall include only the goals, objectives, strategies, indicators and benchmarks for public education set forth in this section and that meet the requirements of this section. To add clarity and avoid confusion, the goals for public education set forth in the plan pursuant to this section are the exclusive goals for public education. The plan shall include:
(1) The goals set forth in this section and no other goals;
(2) At least the objectives set forth in this section and specified periods of time for achieving those objectives and any other objectives that may be included in the plan;
(3) Strategies for achieving the specific objectives;
(4) Indicators for measuring progress toward the goals and objectives established in this section; and
(5) Benchmarks for determining when the goals and objectives have been achieved.
(e) The plan shall include the following list of exclusive goals for the public education system in West Virginia:
(1) Academic achievement according to national and international measures will exceed national and international averages. These national and international measures should include scores on assessments such as the National Assessment of Educational Progress (NAEP), the ACT, the SAT and the Programme for International Assessment (PISA);
(2) The public education system will prepare fully all students for post-secondary education or gainful employment;
(3) All working-age adults will be functionally literate;
(4) The public education system will maintain and promote the health and safety of all students and will develop and promote responsibility, citizenship and strong character in all students; and
(5) The public education system will provide equitable education opportunity to all students.
(f) The plan also shall include at least the following policy-oriented objectives:
(1) Rigorous 21st Century curriculum and engaging instruction for all students. -- All students in West Virginia public schools should have access to and benefit from a rigorous 21st Century curriculum that develops proficiency in core subjects, 21st Century content, learning skills and technology tools. These students also should have that curriculum delivered through engaging, research-based instructional strategies that develop deep understanding and the ability to apply content to real-world situations;
(2) A 21st Century accountability and accreditation system. -- The prekindergarten through twelve education system should have a public accrediting system that: (i) Holds local school districts accountable for the student outcomes the state values; and (ii) provides the public with understandable accountability data for judging the quality of local schools. The outcomes on which the system is based should be rigorous and should align with national and international standards such as the National Assessment of Educational Progress (NAEP), the ACT, the SAT and the Programme for International Assessment (PISA). The broad standards established for these outcomes should include a focus on: (A) Mastery of basic skills by all students; (B) closing the achievement gap among student subgroups; and (C) high levels of proficiency in a wide range of desired 21st Century measures and processes. The system for determining school and district accreditation should include school and district self-analysis and generate appropriate research-based strategies for improvement. It also should allow opportunities to create innovative approaches to instructional delivery and design. Thus, the system will incorporate processes for encouraging innovation, including streamlined applications for waivers to state board policy, financial support for successful initiatives and recognition of those practices that can be brought to a district or statewide scale. The primary goal of the accreditation system is to drive school improvement. This 21st Century accountability and accreditation system also should include the methods of addressing capacity set forth in section five, article two-e of this chapter;
(3) A statewide balanced assessment process. -- State, district, school and classroom decisionmaking should be grounded in 21st Century balanced assessment processes that reflect national and international rigorous performance standards and examine student proficiency in 21st Century content, skills and technology tools. A balanced assessment system includes statewide summative assessments, local benchmark assessments and classroom assessments for learning;
(4) A personnel allocation, licensure and funding process that aligns with the needs of 21st Century school systems and is supported by a quality coordinated professional development delivery system. -- Increased accountability demands, as well as the focus on 21st Century learning, require a reexamination of traditional approaches to personnel allocation, licensure and funding. Creating schools of the 21st Century requires new staffing roles and staffing patterns. It also requires ongoing professional development activities focused on enhancing student achievement and achieving specific goals of the school and district strategic plans. Thus, schools should have the ability to access, organize and deliver high quality embedded professional development that provides staff with in-depth sustained and supported learning. Effective school improvement should allow opportunity for staff to collectively learn, plan and implement curricular and instructional improvements on behalf of the students they serve;
(5) School environments that promote safe, healthy and responsible behavior and provide an integrated system of student support services. -- Each school should create an environment focused on student learning and one where students know they are valued, respected and safe. Furthermore, the school should incorporate programs and processes that instill healthy, safe and responsible behaviors and prepare students for interactions with individuals of diverse racial, ethnic and social backgrounds. School and district processes should include a focus on developing ethical and responsible character, personal dispositions that promote personal wellness through planned daily physical activity and healthy eating habits consistent with high nutritional guidelines and multicultural experiences that develop an appreciation of and respect for diversity;
(6) A leadership recruitment, development and support continuum. -- Quality schools and school systems of the 21st Century cannot be created without high quality leaders. Thus, West Virginia should have an aligned leadership professional development continuum that attracts, develops and supports educational leadership at the classroom, school and district level. This leadership development continuum should focus on creating: (i) Learning-centered schools and school systems; (ii) collaborative processes for staff learning and continuous improvement; and (iii) accountability measures for student achievement;
(7) Equitable access to 21st Century technology and education resources and school facilities conducive to 21st Century teaching and learning. -- A quality educational system of the 21st Century should have access to technology tools and processes that enhance effective and efficient operation. Administrators should have the digital resources to monitor student performance, manage a variety of data and communicate effectively. In the classroom, every teacher in every school should be provided with the instructional resources and educational technology necessary to deliver the West Virginia content standards and objectives. Schools of the 21st Century require facilities that accommodate changing technologies, 21st Century instructional processes and 21st Century staffing needs and patterns. These school facilities should mirror the best in green construction and be environmentally and educationally responsive to the communities in which they are located;
(8) Aligned public school with post-secondary and workplace readiness programs and standards. -- An educational system in the 21st Century should be seen as a continuum from the public school (prekindergarten through twelve) program through post-secondary education. In order to be successful in a global competitive marketplace, learning should be an ongoing, life-long experience. Thus, the public schools and the institutions of post-secondary education in West Virginia should create a system of common standards, expectations and accountability. Creating such an aligned system will enhance opportunities for success and assure a seamless educational process for West Virginia students; and
(9) A universal prekindergarten system. -- A high quality, universal prekindergarten system should be readily available to every eligible student. The system should promote oral language and preliteracy skills and reduce the deficit of these foundational skills through proactive, early intervention. Research indicates that universal prekindergarten systems improve graduation rates, reduce grade level retentions and reduce the number of special education placements. Therefore, local school systems should create the supports and provide the resources to assure a quality prekindergarten foundation is available to all eligible students.
(g) In addition to the policy-oriented objectives set forth in subsection (f) of this section, the plan established pursuant to this section also shall include at least the following performance-oriented objectives:
(1) All children entering the first grade will be ready for the first grade;
(2) The performance of students falling in the lowest quartile on national and international measures of student performance will improve by fifty percent;
(3) Ninety percent of ninth graders will graduate from high school;
(4) By two thousand twelve, the gap between the county with the lowest college-going rate and the state average as of the effective date of this act will decrease by fifty percent and the college-going rate of the state will equal the college-going rate of the member states of the Southern Regional Education Board; and
(5) By two thousand twenty, the gap between the county with the lowest college-going rate and the state average for school year two thousand twelve will decrease by fifty percent and the college-going rate of the state will exceed the college-going rate of the member states of the Southern Regional Education Board by five percentage points.
No more than five of the appointive members may belong to the same political party and no person is eligible for appointment to membership on the state board who is a member of any political party executive committee or holds any other public office or public employment under the federal government or under the government of this state or any of its political subdivisions, or who is an appointee or employee of the board. Members are eligible for reappointment. Any vacancy on the board shall be filled by the governor by appointment for the unexpired term.
Notwithstanding the provisions of section four, article six, chapter six of this code, a member of the state board may not be removed from office by the governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal by the governor of state elective officers.
Before exercising any authority or performing any duties as a member of the state board, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia, the certificate whereof shall be filed with the secretary of state. A suitable office in the state department of education at the state capitol shall be provided for use by the state board.
Repealed.
Acts, 1947, Reg. Sess., Ch. 72.
The state board shall appoint a secretary and fix the secretary's salary to be paid out of the general school fund upon warrants drawn by the state superintendent. The secretary shall keep a record of the proceedings of the state board and shall perform such other duties as it may prescribe.
Subject to and in conformity with the constitution and laws of this state, the state board of education shall exercise general supervision of the public schools of the state, and shall make rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for carrying into effect the laws and policies of the state relating to education, including rules relating to standards for performance and measures of accountability, the physical welfare of pupils, the education of all children of school age, school attendance, evening and continuation or part-time day schools, school extension work, the classification of schools, the issuing of certificates upon credentials, the distribution and care of free textbooks by the county boards of education, the general powers and duties of county boards of education, and of teachers, principals, supervisors and superintendents, and such other matters pertaining to the public schools of the state as may seem to the state board to be necessary and expedient.
Notwithstanding any other provision of law which may be to the contrary, and notwithstanding the rule-making powers given to the state board of education by this section, a child shall not be permitted to enter the public schools of this state in any school year, beginning with the school year one thousand nine hundred eighty-three--eighty-four, unless such child be six years of age prior to the first day of September of such school year or is attending public school in accordance with article twenty of this chapter: Provided, That children who have successfully completed a kindergarten program in the school year one thousand nine hundred eighty-two--eighty-three, may enter the public schools notwithstanding the provisions of this section. The term "public schools" as used in the preceding sentence shall not be deemed to include public kindergartens, but nothing herein shall prevent a county board from permitting a child enrolled in kindergarten from entering public schools for attendance in particular curriculum areas.
The state board shall develop a three-year plan to provide for the transition to developmental programming and instruction to be provided to the students in kindergarten through fourth grade and further shall, include the method of information dissemination in order to provide for parental preparation, and further shall, in conjunction with the professional development center, develop an ongoing program for training of principals and classroom teachers in methods of instruction to implement the developmental program. The existing developmental programs throughout the state shall be involved in this process and shall be provided an opportunity to assist in pilot programs to begin no later than the first day of September, one thousand nine hundred ninety-one. The plan shall be fully implemented by the first day of September, one thousand nine hundred ninety-three.
(a) The state board shall become a medicaid provider and seek out medicaid eligible students for the purpose of providing medicaid and related services to students eligible under the medicaid program and to maximize federal reimbursement for all services available under the Omnibus Budget Reconciliation Act of one thousand nine hundred eighty-nine, as it relates to medicaid expansion and any future expansions in the medicaid program for medicaid and related services for which state dollars are or will be expended: Provided, That the state board may delegate this provider status and subsequent reimbursement to regional educational service agencies (RESA) and/or county boards: Provided, however, That annually the state board shall report to the Legislature the number and age of children eligible for medicaid, the number and age of children with medicaid coverage, the types of medicaid eligible services provided, the frequency of services provided, the medicaid dollars reimbursed; and the problems encountered in the implementation of this system and that this report shall be on a county by county basis and made available no later than the first day of January, one thousand nine hundred ninety-two, and annually thereafter.
(b) The state board shall appoint and convene a school health services advisory committee to advise the secretary of health and human resources and the state superintendent on ways to improve the ability of regional education service agencies, local school boards, and department of health and human resources employees to provide medicaid eligible children with all the school-based medicaid services for which they are eligible and to ensure that the school-based medicaid service providers bill for and receive all the medicaid reimbursement to which they are entitled. The committee shall consist of at least the following individuals: The person within the department of education responsible for coordinating the provision of and billing for school-based medicaid services in schools throughout the state, who shall provide secretarial, administrative and technical support to the advisory committee; the person within the department of health and human resources responsible for coordinating the enrollment of medicaid eligible school children throughout the state; two representatives of regional education services agencies who are experienced with the process of billing medicaid for school-based health services; two department of health and human resources employees responsible for supervising employees, two persons jointly appointed by the secretary of health and human resources and the state superintendent; and one representative of the governor's task force on school health.
The school health services advisory committee shall meet in the first instance at the direction of the state superintendent, select a chairperson from among its members, and meet thereafter at the direction of the chairperson. The committee shall report its findings and recommendations to the state board and department of health and human resources, which findings shall then be included in the report to the Legislature by the state board and department of health and human resources provided for in subsection (a) of this section.
All actual and necessary travel expenses of the members of the committee shall be reimbursed by the member's employing agency, for those members not employed by a state agency, the member's actual and necessary travel expenses shall be paid by the state board. All such expenses shall be reimbursed in the same manner as the expenses of state employees are reimbursed.
(a) No pupil shall be admitted for the first time to any public school in this state unless the person enrolling the pupil presents a copy of the pupil's original birth record certified by the state registrar of vital statistics confirming the pupil's identity, age, and state file number of the original birth record. If a certified copy of the pupil's birth record cannot be obtained, the person so enrolling the pupil shall submit an affidavit explaining the inability to produce a certified copy of the birth record: Provided, That if any person submitting such affidavit is in U.S. military service and is in transit due to military orders, a three-week extension shall be granted to such person for providing the birth records.
(b) Upon the failure of any person enrolling a pupil to furnish a certified copy of the pupil's birth record in conformance with subsection (a) above, the principal of the school in which the pupil is being enrolled or his designee shall immediately notify the local law-enforcement agency. The notice to the local law-enforcement agency shall include copies of the submitted proof of the pupil's identity and age and the affidavit explaining the inability to produce a certified copy of the birth record.
(c) Within fourteen days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his designee shall request that the principal or his designee of the school in which the pupil was previously enrolled transfer a certified copy of the pupil's birth record.
(d) Principals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section.
(b) The chancellor of the higher education policy commission shall appoint appropriate representatives from the system of public higher education to participate in the development of any assessment instruments required by rules of the state board to be administered in grades nine through twelve of the public schools of this state. It is the responsibility of these higher education representatives to assist the state board in developing assessments that test the knowledge and skills needed for success in postsecondary education.
(c) Not later than the school year beginning in two thousand five, the higher education policy commission shall require that each institution's compact, as set forth in section two, article one-b, chapter eighteen-b of this code, includes provisions for incorporating the data generated by public education assessments into their decision making processes. The use of the data may include, but is not limited to, consideration as a factor in admission to postsecondary education, college placement, or determinations of necessity for remedial course work.
(b) Use of social security numbers. -- Nothing in this section shall be construed as prohibiting the higher education policy commission, state institutions of higher education, state board of education, county boards of education or the public or private schools from using a student's social security number for internal record keeping purposes or studies.
(c) Social security number or alternative required for enrollment or attendance in public school. --
(1) Effective on the first day of July, two thousand three, the appropriate county board shall request the parent, guardian, or other responsible person to furnish the social security number of each child who is currently enrolled in a public school under the jurisdiction of the county board.
(2) Prior to admitting a child to a public school in this state, the appropriate county board shall request the parent, guardian, or other responsible person to furnish the social security number for each child who is to be enrolled after the first day of July, two thousand three.
(3) The county board shall inform the parent, guardian or other responsible person that, if he or she declines to provide a social security number for a child who is currently enrolled or for a child to be enrolled, the county board shall assign to the child a nine-digit number as designated by the state board.
(4) For any student who is attending a public school and for whom a social security number has not been provided, the county board shall make a request annually to the parent, guardian, or other responsible person to furnish the social security number.
In addition to filing each policy as required by section fourteen, article five of this chapter, the state board shall require each county board to provide a summary of any modifications to the policies and copies of annual reports developed pursuant to section fourteen, article five of this chapter. The state board shall submit copies of these summaries of modifications to the policies and annual reports, together with any comments and recommendations, to the legislative oversight commission on education accountability, no later than the thirty-first day of December of each year.
(2) An institution of less than collegiate or university status may not grant any diploma or certificate of proficiency on any basis of work or merit below the minimum standards prescribed by the state board.
(3) A charter or other instrument containing the right to issue diplomas or certificates of proficiency may not be granted by the State of West Virginia to any institution or other associations or organizations of less than collegiate or university status within the state until the condition of granting or issuing the diplomas or other certificates of proficiency has first been approved in writing by the state board.
(b) The state board shall promulgate a rule for the approval of alternative education programs for disruptive students who are at risk of not succeeding in the traditional school structure. This rule may provide for the waiver of other policies of the state board, the establishment and delivery of a nontraditional curriculum, the establishment of licensure requirements for alternative education program teachers, and the establishment of performance measures for school accreditation. This rule shall provide uniform definitions of disruptive student behavior and uniform standards for the placement of students in alternative settings or providing other interventions including referrals to local juvenile courts to correct student behavior so that they can return to a regular classroom without engaging in further disruptive behavior.
(c) The state board shall establish up to five pilot projects at the elementary or middle school levels, or both, that employ alternative schools or other placements for disruptive students to learn appropriate behaviors so they can return to the regular classroom without further disrupting the learning environment. The state board shall report to the Legislative Oversight Commission on Education Accountability by December 1, 2010, on its progress in establishing the pilot projects and by December 1 in each year after that for the duration of the pilot projects on the effect of the projects on maintaining student discipline.
(d) If a student attends an approved alternative education program or the Mountaineer Challenge Academy, which is designated as a special alternative education program pursuant to section twenty-four, article one-b, chapter fifteen of this code, and the student graduates or passes the General Equivalency Development (GED) Tests within five years of beginning ninth grade, that student shall be considered graduated for the purposes of calculating the high school graduation rate used for school accreditation and school system approval, subject to the following:
(1) The student shall only be considered graduated to the extent that this is not in conflict with any provision of federal law relating to graduation rates;
(2) If the state board determines that this is in conflict with a provision of federal law relating to graduation rates, the state board shall request a waiver from the United States Department of Education; and
(3) If the waiver is granted, notwithstanding the provisions of subdivision (1) of this subsection, the student graduating or passing the General Educational Development (GED) Tests within five years shall be considered graduated.
(e) The state board shall promulgate a rule to support the operation of the National Guard Youth Challenge Program operated by the Adjutant General and known as the "Mountaineer Challenge Academy" which is designated as a special alternative education program pursuant to section twenty-four, article one-b, chapter fifteen of this code, for students who are at risk of not succeeding in the traditional school structure. The rule shall set forth policies and procedures applicable only to the Mountaineer Challenge Academy that provide for, but are not limited to, the following:
(1) Implementation of provisions set forth in section twenty-four, article one-b, chapter fifteen of this code;
(2) Precedence of the policies and procedures designated by the National Guard Bureau for the operation of the Mountaineer Challenge Academy special alternative education program;
(3) Consideration of a student participating in the Mountaineer Challenge Academy special alternative education program at full enrollment status in the referring county for the purposes of funding and calculating attendance and graduation rates, subject to the following:
(A) The student shall only be considered at full enrollment status for the purposes of calculating attendance and graduation rates to the extent that this is not in conflict with any provision of federal law relating to attendance or graduation rates;
(B) If the state board determines that this is in conflict with a provision of federal law relating to attendance or graduation rates, the state board shall request a waiver from the United States Department of Education;
(C) If the waiver is granted, notwithstanding the provisions of paragraph (A) of this subdivision, the student shall be considered at full enrollment status in the referring county for the purposes of calculating attendance and graduation rates; and
(D) Consideration of the student at full enrollment status in the referring county is for the purposes of funding and calculating attendance and graduation rates only. For any other purpose, a student participating in the academy is considered withdrawn from the public school system;
(4) Articulation of the knowledge, skills and competencies gained through alternative education so that students who return to regular education may proceed toward attainment or attain the standards for graduation without duplication; and
(5) Consideration of eligibility to take the General Educational Development (GED) Tests by qualifying within the extraordinary circumstances provisions established by state board rule of a student participating in the Mountaineer Challenge Academy special alternative education program who does not meet any other criteria for eligibility.
(f) Nothing in this section or the rules promulgated under this section compels the Mountaineer Challenge Academy to be operated as a special alternative education program or to be subject to any other laws governing the public schools except by its consent.
(g) The state board shall report to the Legislative Oversight Commission on Education Accountability on or before January 1 of each year on its efforts to cooperate with and support the Mountaineer Challenge Academy pursuant to this section and section twenty-four, article one-b, chapter fifteen of this code.
(1) During a school day, soft drinks may not be sold in areas accessible to students in an elementary school, middle school or junior high school through vending machines on the premises, in school stores or in school canteens or through fund raisers by students, teachers, groups or by any other means. In elementary, middle school or junior high school, only healthy beverages may be sold in vending machines on the premises, in school canteens or through fund raisers by students, teachers, groups or by any other means. Nothing in this section shall be construed to prohibit or limit sale or distribution of any food or beverage item through fund-raising activities of students, teachers or educational groups when the items are intended for sale off the school grounds. (2) Those high schools which permit the sale of soft drinks through vending machines also shall offer for sale healthy beverages. Of the total beverages offered for sale, at least fifty percent shall be healthy beverages. Vending machines containing healthy beverages shall be in the same location or substantially similar location as vending machines containing soft drinks.
(3) The sale of healthy beverages and soft drinks shall be in compliance with the rules of the National School Lunch Program and the School Breakfast Program of the State Board and the Nutrition Service of the United States Department of Agriculture, which became effective on the seventeenth day of June, one thousand nine hundred eighty-five. Seventy-five percent of the profits from the sale of healthy beverages and soft drinks shall be allocated by a majority vote of the faculty senate of each school and twenty-five percent of the profits from the sale of healthy beverages and soft drinks shall be allocated to the purchase of necessary supplies by the principal of the school.
(b) For the purposes of this section:
(1) "School day" means the period of time between the arrival of the first student at the school building and the end of the last instructional period; and
(2) "Healthy beverage" means water, one hundred percent fruit and vegetable juice, low-fat milk and other juice beverages with a minimum of twenty percent real juice.
(a) The Legislature makes the following findings related to the General Educational Development (GED) examination:
(1) The GED examination is an instrument for success that can keep a student from dropping out of school and can transform the future for both school age and adult individuals who attain a GED diploma. One in every seven Americans with a high school credential has received the GED, as well as one in every twenty college students. For those who have not graduated from high school, attaining a GED diploma greatly increases their employment opportunities and earning potential.
(2) While West Virginia's average per-capita income has increased over the past ten years as the state's economy has held steady or grown slightly, most other states have shown declines. Despite these positive changes, West Virginia still ranks as one of the five poorest states in the nation. Additionally, many counties within the state fall far below the state average; therefore, the current cost of the GED examination is difficult for many citizens to afford without help, and significant cost increases will make the GED examination cost prohibitive.
(3) In addition to the cost factor, large areas of West Virginia are without broadband Internet access or without adequate broadband Internet access speeds, which results in diminished opportunities for rural residents to participate in the rapidly unfolding digital revolution compared to their nonrural neighbors. Citizens living in these areas have few opportunities to become adept in computer technology. Therefore, most such citizens, especially adults seeking to earn a GED years after leaving the public school system, are not proficient or even comfortable using the Internet.
(4) Individuals who may benefit most from earning a GED diploma are those who lack many of the skills needed to secure employment or to function successfully in an age dependent upon technology. Because such individuals also lack the financial resources to obtain those needed skills, if the GED is unattainable they are likely to remain in a state of poverty.
(b) It is the intent of the Legislature to make the GED diploma available to the widest possible range of state residents who have not achieved a high school diploma. To that end, an examination of the following issues is required:
(1) The impact on prospective GED test takers of the proposed changes in the design and delivery of the qualifying examination made by the American Council on Education (ACE) in 2011;
(2) The impact of the increase in costs per individual tested; and
(3) The alternatives available to reduce costs and to retain the option of pen and paper testing for those who desire it.
(c) The State Board shall perform an exhaustive study of the issues surrounding administration of the GED examination in the state including, but not limited to, the following:
(1) Analysis of research, pilot testing, or both, that was done in West Virginia by the American Council on Education prior to its decision to eliminate pen and paper examinations, along with the justifications offered for eliminating this type of examination as a possible option;
(2) Determination of the current and future costs to the state to provide GED examinations free of charge to eligible individuals; and
(3) Recommendations for statutory or rule changes to achieve the following goals:
(A) Reducing or controlling escalating costs of administering the GED examinations; and
(B) Retaining paper and pen testing for those individuals who request or require it; or
(C) Eliminating or reducing significantly the difficulty for individuals who are not comfortable or proficient in taking online examinations.
(d) The State Board shall complete its work and report its
findings, conclusions and recommendations, together with drafts of
any legislation or rule changes necessary to effectuate the
recommendations, to the Legislative Oversight Commission on
Education Accountability no later than July 1, 2012.
Repealed.
Acts, 1990 3rd. Ex. Sess., Ch. 4.
The state board of education shall prescribe minimum standards in the courses of study to be offered in elementary schools, high schools, vocational schools and in all other kinds, grades and classes of schools or departments thereof, which may now or hereafter be maintained in the state, in whole or in part, from any state fund or funds: Provided, That the courses of study in the public schools in the state shall be prepared by the faculties, teachers or other constituted authority thereof, and shall, before going into effect, be submitted to the state board of education for its approval. The basic language of instruction in all schools, public, private and parochial, shall be the English language only. The state board shall not adopt any policies or rules which set out time requirements within the instructional day for instruction in kindergarten through fourth grade.
The state board of education shall accept American sign language as a credited course of study in a foreign language in elementary schools, high schools, vocational schools and in all other kinds, grades and classes of schools or departments thereof: Provided, That nothing in this section shall be construed to require the provision of instruction in American sign language that is not otherwise required by state or federal statute or regulation: Provided, however, That on or before the sixth day of January, one thousand nine hundred ninety-five, the state board shall provide to the governor and to the president of the Senate and the speaker of the House of Delegates a plan for teaching American sign language in public schools, which plan shall include the form and manner proposed by the state board for implementation of the teaching of American sign language in the schools, the time frame for implementation and the projected cost of the implementation.
(b) As a result of these findings, the State Department of Education shall establish the requirement that each child enrolled in the public schools of this state actively participates in physical education classes during the school year to the level of his or her ability as follows:
(1) Elementary school grades. -- Not less than thirty minutes of physical education, including physical exercise and age-appropriate physical activities, for not less than three days a week.
(2) Middle school grades. -- Not less than one full period of physical education, including physical exercise and age-appropriate physical activities, each school day of one semester of the school year.
(3) High school grades. -- Not less than one full course credit of physical education, including physical exercise and age-appropriate physical activities, which shall be required for graduation and the opportunity to enroll in an elective lifetime physical education course.
(c) Enrollment in physical education classes and activities required by the provisions of this section shall not exceed, and shall be consistent with, state guidelines for enrollment in all other subjects and classes: Provided, That schools which do not currently have the number of certified physical education teachers, do not currently have the required physical setting or would have to significantly alter academic offerings to meet the physical education requirements may develop alternate programs that will enable current staff, physical settings and offerings to be used to meet the physical education requirements established herein. These alternate programs shall be submitted to the State Department of Education and the Healthy Lifestyle Council for approval. Those schools needing to develop alternate programs shall not be required to implement this program until the school year commencing two thousand six.
(d) The state board shall prescribe a program within the existing health and physical education program which incorporates fitness testing, reporting, recognition, fitness events and incentive programs which requires the participation in grades four through eight and the required high school course. The program shall be selected from nationally accepted fitness testing programs designed for school-aged children that test cardiovascular fitness, muscular strength and endurance, flexibility and body composition: Provided, That nothing in this subsection shall be construed to prohibit the use of programs designed under the auspices of the President's Council on Physical Fitness and Sports. The program shall include modified tests for exceptional students. Each school in the state shall participate in National Physical Fitness and Sports Month in May of each year and shall make every effort to involve the community it serves in the related events.
(e) The state board shall promulgate a rule in accordance with the provisions article three-b, chapter twenty-nine-a of this code that includes at least the following provisions to provide for the collection, reporting and use of body mass index data in the public schools:
(1) The data shall be collected using the appropriate methodology for assessing the body mass index from student height and weight data;
(2) The data shall be collected on a scientifically drawn sample of students;
(3) The data shall be collected and reported in a manner that protects student confidentiality;
(4) The data shall be reported to the Department of Education; and
(5) All body mass index data shall be reported in aggregate to the Governor, the State Board of Education, the Healthy Lifestyles Coalition and the Legislative Oversight Commission on Health and Human Resources Accountability for use as an indicator of progress toward promoting healthy lifestyles among school-aged children.
In order for the schools to become healthy learning environments and to provide a strong defense against drug use and violence, the state board of education shall prescribe programs within the existing health and physical education program which teach resistance and life skills to counteract societal and peer pressure to use drugs, alcohol and tobacco, and shall include counselors, teachers and staff in full implementation of the program. The board shall also prescribe programs to coordinate violence reduction efforts in schools and between schools and their communities and to train students, teachers, counselors and staff in conflict resolution skills. The program shall be comprehensive, interdisciplinary and shall begin in elementary school. The state board shall report to the legislative oversight commission on education accountability on the status of the programs no later than the first day of July, one thousand nine hundred ninety-five.
(b) To provide students a basic understanding of personal finance, the State Board shall develop a program of instruction on personal finance which may be integrated into the curriculum of an appropriate existing course or courses for students in secondary schools.
(1) Firearms and hunting are important parts of West Virginia's history, culture and economy;
(2) Unfortunately, the use of firearms while hunting or at any other time can be dangerous when the firearms are not handled in a careful and safe manner; and
(3) Therefore, the opportunity of participating in a hunter safety orientation program should be offered to students in certain grades.
(b) The State Board of Education shall, with the advice of the State Superintendent of Schools and the Director of the Division of Natural Resources, promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the implementation of a hunter safety orientation program for use in the public schools of this state. The rule shall include at least the following provisions:
(1) The hunter safety orientation program may be offered to students in any of the grade levels sixth through twelfth grades over a two-week period during the school year as part of physical education classes, or as part of the general curriculum offered to students in any of these grade levels, or at the end of the school day;
(2) The hunter safety orientation program is voluntary to students and any student may choose not to participate in the program. If a student chooses not to participate in the program, he or she shall participate in another education activity;
(3) The hunter safety orientation program shall include instruction relating to:
(A) The protection of lives and property against loss or damage as a result of the improper use of firearms; and
(B) The proper use of firearms in hunting, sport competition and the care and safety of firearms in the home;
(4) The hunter safety orientation program may use materials prepared by any national nonprofit membership organization which has as one of its purposes the training of people in marksmanship and the safe handling and use of firearms; and
(5) The hunter safety orientation program shall be conducted by an instructor certified by the Division of Natural Resources or who has other training necessary to conduct the program as determined by the state board.
(c) The county superintendent may implement the hunter safety orientation program in accordance with the rule required by this section in each school in the county that includes any of grades six through twelve at which, in the sole judgement of the superintendent, sufficient student interest in program enrollment justifies the program offering and an appropriately certified instructor is available.
(d) The Division of Natural Resources shall issue a certificate of training, required by section thirty-a, article two, chapter twenty of this code, to any student who completes the hunter safety orientation program.
(b) The state board shall cause to be taught in all of the public schools of this state the subject of health education, including instruction in any of the grades six through twelve as considered appropriate by the county board, on: (1) The prevention, transmission and spread of acquired immune deficiency syndrome and other sexually transmitted diseases; (2) substance abuse, including the nature of alcoholic drinks and narcotics, tobacco products, and other potentially harmful drugs, with special instruction as to their effect upon the human system and upon society in general; (3) the importance of healthy eating and physical activity to maintaining healthy weight; and (4) education concerning CPR and First Aid. The course curriculum requirements and materials for the instruction shall be adopted by the state board by rule in consultation with the Department of Health and Human Resources. The state board shall prescribe a standardized health education assessment to be administered within health education classes to measure student health knowledge and program effectiveness.
An opportunity shall be afforded to the parent or guardian of a child subject to instruction in the prevention, transmission and spread of acquired immune deficiency syndrome and other sexually transmitted diseases to examine the course curriculum requirements and materials to be used in the instruction. The parent or guardian may exempt the child from participation in the instruction by giving notice to that effect in writing to the school principal.
(c) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding ten dollars for each violation, and each week during which there is a violation shall constitute a separate offense. If the person so convicted occupy a position in connection with the public schools, that person shall automatically be removed from that position and shall be ineligible for reappointment to that or a similar position for the period of one year.
The State Board shall promulgate rules and shall determine the minimum standards for the granting of certificates and awards for secondary vocational education, adult basic education, adult occupational education and adult technical preparatory education, subject to the provisions of section two, article two-b of this chapter and article three-a of chapter eighteen-b of this code.
The State Board shall provide a program of adult basic
education at each state community and technical college campus
where developmental education services are provided in cooperation
with the West Virginia Council for Community and Technical College
Education and the institutional board of governors of each college.
This approach to providing adult basic education links these
programs with developmental education and creates a simpler,
clearer pathway for adults to enter college.
(a) The state board shall by the first day of December, one thousand nine hundred eighty-eight, establish by policy a sabbatical leave program. Such program participation shall be considered optional for each county board. Individuals employed as professional educators, as defined in section one, article one, chapter eighteen-a of this code, and aides shall be eligible for the sabbatical leave program: Provided, That such aides have a cumulative grade point of three and two tenths on a possible four point scale pursuant to successful completion of at least sixty-four semester hours of course work at an approved institution of higher education. Such policy shall establish the educational objectives, peer selection criteria and other guidelines the board deems necessary. The sabbatical leave policy shall provide that not less than ninety-five percent of sabbatical leaves granted shall be for classroom teachers and such policy shall not provide for the granting of sabbatical leave to any employee who has fewer than ten years of West Virginia public school service, nor shall compensation during such leave be more than one half of the employee's regular salary. While on sabbatical leave the employee shall be deemed to be a full-time employee for purposes of years of experience and participation in the teachers retirement system and the public employee insurance program. Any employee receiving asabbatical leave shall be required to return to employment by the board which granted the leave for a period of at least one year or repay the compensation and benefits received during that time and have deducted the retirement credit and years of service credit accrued during sabbatical leave: Provided, however, That sabbatical leaves for teachers and certain aides shall be optional by the respective boards.
(b) Notwithstanding any other provision of this code to the contrary, if the state teacher of the year either works with programs approved by the state department or attends school at a college or university to further his or her education, the teacher shall receive a sabbatical from his or her position for up to one year in which the teacher has been selected as state teacher of the year: Provided, That if the state teacher of the year chooses to take a sabbatical, then the state department shall provide the county from where the teacher is taking the sabbatical with an allowance equal to the state average contractual salary for teachers.
Repealed.
Acts, 1985 Reg. Sess., Ch. 58.
(b) The state board shall require all public schools that operate from preschool to grade twelve to develop and integrate components of character development into their existing curriculum. The schools may incorporate such programs as "life skills", "responsible students", or any other program encompassing any of the following components:
(1) Honesty;
(2) Caring;
(3) Citizenship;
(4) Justice;
(5) Fairness;
(6) Respect;
(7) Responsibility;
(8) Voting;
(9) Academic achievement;
(10) Completing homework assignments;
(11) Improving daily attendance;
(12) Avoiding and resolving conflicts;
(13) Alternatives to violence;
(14) Contributing to an orderly positive school environment;
(15) Participating in class;
(16) Resisting social peer pressures to smoke, drink and use drugs;
(17) Developing greater self-esteem and self-confidence;
(18) Effectively coping with social anxiety;
(19) Increasing knowledge of the immediate consequences of substance abuse;
(20) Increasing knowledge of the consequences of ones actions;
(21) The corrupting influence and chance nature of gambling; and
(22) The value of decent, honest work.
(c) Character education shall be integrated into each public school curriculum by the first day of September, two thousand one.
(d) The state board shall assist county boards in developing in-service training regarding integrated character education as provided in this section.
(e) The state board shall contract with an independent agency to evaluate the results of the character education as defined in this section, and report the results to the legislative oversight commission on education accountability during the September, two thousand three interim meeting period, and every two years thereafter.
(f) The state department of education is encouraged to utilize any existing moneys available to the department for existing character development programs, along with any new funds appropriated for the purposes of this section, to secure the maximum amount of any federal funding available for which the state department is eligible to receive for implementing character development in the schools.
(g) Funding for this initiative shall be derived from the 0313 unclassified account within the state department of education budget.
The control of the financial, business and all other affairs of the state educational institutions named in the preceding section is hereby transferred from the state board of control to the state board of education. The state board of education shall, in respect to the control, management and property of such institutions, have the same rights and powers and shall perform the same duties as were heretofore exercised or performed by the state board of control. The title to all property of such institutions is hereby transferred to and vested in the state board of education.
In addition to the authority conferred upon the state board of education, by virtue of the preceding section, with respect to the issuance of revenue bonds to finance the construction of dormitories, homes or refectories for teachers and students at institutions under its control, the board, whenever the revenue from any such existing facility shall no longer be needed to meet the requirements of the sinking fund established in connection with the bond issue for which such revenue was originally pledged, shall also have authority to pay such unneeded revenue into the sinking fund pledged as security for any other unliquidated bonds issued for such facilities at the institution where the revenue was collected, or to pledge such revenue as added security for the payment of any new issue of revenue bonds sold to finance the construction of any such additional facility at that institution. The board shall also have authority to pledge the revenue from any such existing facility at any institution, even though it was not originally financed by revenue bonds, as added security for any new issue of revenue bonds sold to finance the construction of any such additional facility at the institution.
Whenever any employees of the West Virginia board of education or institutions operating under the jurisdiction of the West Virginia board of education shall be eligible to participate in any group insurance plan, the board shall have the authority to authorize such participation, and, upon the written request of any participating employee, may make periodic deductions from salary payments due such employee of the amount of the contribution he is required to make for such participation. Upon proper requisition of the board, the auditor shall periodically issue a warrant, payable as specified in the requisition, for the total contributions so withheld from the salaries of all participating employees.
Notwithstanding any other provision of law, the state educational institution located at Huntington, West Virginia, previously known as Marshall College shall, after the effective date of this section, be known as Marshall University, and any reference to said Marshall College contained in law shall be construed to apply to Marshall University; and this university shall remain under the supervision and control of the state board of education.
On and after the first day of July, one thousand nine hundred sixty-one, supervision and control of all of the real property, heretofore administered by the commissioner of public institutions containing one hundred eighty-four and one-half acres, more or less, located in Guyandotte district, Cabell county, and known as the "West Virginia Home for Aged and Infirmed Colored Men and Women" shall be transferred to the supervision and control of the West Virginia board of regents. The West Virginia board of regents shall be authorized to use the property for any purpose it may deem advisable in connection with the educational program of Marshall University. The title to all such property is hereby vested in the West Virginia board of regents, which board may at any time sell or otherwise dispose of all or any part of such property, however, the proceeds of any such sale or sales, less costs of sale, shall be utilized for capital improvements or expansion of the Marshall University campus or facilities.
The state board is responsible for the administration of programs for the education of all institutionalized school-age juveniles within facilities operated by the department of corrections. School-age juvenile means in this article any individual who would, if not institutionalized, be entitled to attend the public schools in accordance with (1) section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter. To strengthen the administration of educational programs, there shall be: (1) A full-time principal or lead teacher at each department of corrections facility having any school-age juveniles and (2) a full-time director of educational services for institutionalized school-age juveniles employed by the department of education. Such principal or lead teacher shall be employed by and responsible to the director of educational services.
Classroom teachers and other school personnel shall be hired and provided as necessary to all institutionalized juveniles by the state department of education to the extent necessary to provide adequate and appropriate educational opportunity. Adequate and appropriate educational opportunity requires education services for institutionalized school-age juveniles on a twelve-month basis, excepting only normal school holidays and those additional days determined by the state board of education in consultation with the appropriate department head to be necessary. School personnel shall be responsible to the principal or lead teacher while providing educational services but shall comply with rules established by the department of corrections to ensure security and safety in the facility. Educational personnel employed at and by correctional facilities and institutions shall be permitted to transfer to comparable positions as school personnel of the state department of education if those personnel meet the qualifications established for those positions by the state department of education. The daily rate of pay of educational personnel employed by the state department of education shall be equivalent to the daily rate of pay of the comparable position in the public schools of the county where the institution is located.
There shall be a separate line item account of the budget of the state department of education for the education of institutionalized school-age juveniles. All money that the Legislature may annually appropriate for that purpose shall be placed into this account. This account shall be used solely for the education of such juveniles. Money for education of juveniles in the department of corrections shall be deposited in that account and accounted for separately.
In contracting for the group insurance provided for in section thirteen-c and for the supplemental retirement benefits provided for in section thirteen-f of this article, as well as for other insurance benefits for any and all persons employed by it at institutions of higher learning under its control, the state board of education shall solicit proposals for the coverage sought, which proposals shall be obtained by public notice published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the state. Such notice shall be so published within fourteen consecutive days next preceding the final date for submitting proposals. The board may also solicit proposals by sending requests by mail to prospective insurers. Upon receipt and consideration of such proposals as may be submitted the board shall have the authority to accept the proposal of and contract with the insurer offering the insurance program or programs determined by the board, in its judgment, to be the most desirable to the beneficiaries thereof, whether such insurer be then licensed as an insurance company in this state or not: Provided, That no contract shall be made effective unless and until the insurance company becomes licensed as a life insurance company in accordance with article three, chapter thirty-three of this code, as amended: Provided further, That if such insurer shall be a life insurance company organized and operated without profit to any private shareholder or individual exclusively for the purpose of aiding and strengthening nonprofit institutions or foundations engaged primarily in education or research, by issuing insurance and annuity contracts only to or for the benefit of such institutions and to individuals engaged in the service of such institutions, it shall be exempt from the payment of premium and annuity taxes provided for by sections fourteen, fourteen-a and fifteen, article three, and any other pertinent premium tax sections, of chapter thirty-three of this code, as amended, as to all annuity or insurance contracts made with educational institutions located within, or relative to subjects of insurance resident in, West Virginia.
(b) Subject to appropriations by the Legislature, the state board shall have the following authority: (1) To provide education programs and services for school-age juveniles on the grounds of residential facilities, pursuant to agreements with the department of health and human resources and the licensed child-care agencies of such department; (2) to hire classroom teachers and other school personnel necessary to provide adequate and appropriate education opportunities to these juveniles; and (3) to provide education services for school-age juveniles in residential facilities on a twelve-month basis.
(c) The department of health and human resources shall cooperate with the state board and the state superintendent in theestablishment and maintenance of education programs authorized under this section. Subject to appropriations by the Legislature, the department of health and human resources shall provide, or cause to be provided, adequate space and facilities for such education programs. The state board shall not be required to construct, improve or maintain any building, other improvement to real estate or fixtures attached thereto at any residential facility for the purpose of establishing and maintaining an education program.
(d) The state board of education and the department of health and human resources are authorized to enter into agreements to provide adequate and appropriate education opportunities for school-age juveniles who are placed in residential facilities other than the facilities identified in this section.
(b) The study shall include, but is not limited to, the following:
(1) The general structure and specific processes for governance and oversight of the regional education service agencies to ensure efficiency of operations and accountability in the areas of:
(A) Financial integrity, oversight and accountability;
(B) Fiscal oversight of budgeting, salaries, benefits and employment;
(C) Service delivery in priority areas, including, but not limited to: (i) The types, cost, convenience and results of in-service training programs and other efforts to assist low performing schools and school systems; and (ii) the costs and turnaround time of computer repair services; and
(D) The costs and benefits of other services provided to the respective members' counties;
(2) Areas of needed improvements, including any existing limitations or hindrances to improvement;
(3) The powers and duties of state board and state superintendent relating to regional education service agencies;
(4) The qualifications and procedures for selection of agency executive directors;
(5) The selection and supervision of agency staff;
(6) Development of agency budget;
(7) Oversight of agency purchasing and auditing procedures;
(8) Development of programs and delivery of services; and
(9) Procedures to ensure fiscal and programmatic accountability.
(c) The state superintendent shall report findings generated by the study, together with recommendations and any legislation necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability by the first day of December, two thousand six.
The West Virginia board of education is hereby authorized to secure a site for such camp and conference center at some suitable place and provide the necessary buildings and equipment therefor.
Such camp and conference center shall be operated by the division of vocational education of the West Virginia board of education. Such camp and conference center may be rented for educational purposes only and the rent received therefor shall be deposited in the state treasury and paid out on requisition of the division of vocational education of the West Virginia board of education for the maintenance and operation of such camp and conference center.
Any appropriations now or hereafter made by the Legislature to carry out the provisions and purposes of this section shall be expended through the West Virginia board of education.
The West Virginia board of education is hereby authorized and empowered to receive and use such gifts and donations of money, land, buildings, materials, equipment, supplies, and labor, either from public or private sources, as may be offered unconditionally or under such conditions as in the judgment of the West Virginia board of education are proper and consistent with the provisions of this section.
All the money received as gifts and donations, by the West Virginia board of education shall be deposited in the state treasury to be used by the said board of education in establishing and maintaining the aforesaid camp and conference center. A report of all gifts and donations offered and accepted, together with the names of the donors and the amounts contributed by each and all disbursements therefrom shall be submitted annually to the governor of the state by the West Virginia board of education.
The county court of any county may appropriate and expend money from the general county fund, or from any special fund available for such purpose, to erect and equip a cottage or county building on such camp and conference center property.
The West Virginia board of education is hereby authorized to construct, erect, acquire and improve dining halls, cottages, and other buildings or recreational facilities it considers necessary and beneficial for the proper conduct and management of the camp and conference center and may charge such rates, fees, rentals and other charges for the use of the buildings and recreational facilities as it determines necessary and advisable.
The construction, erection, acquisition and improvement of dining halls, cottages and other buildings or recreational facilities may be financed by the issuance of revenue bonds or notes of the state of West Virginia payable solely from the revenues derived from the operation of the camp and conference center notwithstanding any of the provisions of section sixteen of this article.
The revenue bonds or notes shall be authorized by resolution of the West Virginia board of education, hereinafter referred to in this section as the "board", and the revenue bonds or notes shall not constitute a debt of the state of West Virginia within the meaning of any of its statutes or constitution.
The principal of and interest on the bonds or notes shall be payable solely from the special fund provided for in this section for such payment. The board shall pledge the moneys in the special fund, except that part of the proceeds of sale of any bonds or notes to be used to pay the cost of a project, for the payment of the principal of and interest on bonds or notes issued pursuant to this section. The pledge shall apply equally and ratably to separate series of bonds or notes or upon such priorities as the board determines. The bonds or notes shall be authorized by resolution of the board which shall recite an estimate of the cost of the project, and shall provide for the issuance of bonds or notes in an amount sufficient, when sold as provided in this section, to produce such cost, less the amount of any funds, grant or grants, gift or gifts, contribution or contributions received, or in the opinion of the board expected to be received from any source. The acceptance by the board of any and all funds, grants, gifts and contributions, whether in money or in land, labor or materials, is hereby expressly authorized. All bonds or notes shall have and are hereby declared to have all the qualities of negotiable instruments. The bonds or notes shall bear interest at not more than twelve percent per annum, payable semiannually, and shall mature in not more than forty years from their date or dates of issuance, and may be made redeemable at the option of the board, at such price and under such terms and conditions, as the board may fix prior to the issuance of the bonds or notes. The board shall determine the form of the bonds or notes, including coupons, if any, to be attached thereto to evidence the right of interest payments, which bonds or notes shall be signed by the chairman and secretary of the board, under the great seal of the state, attested by the secretary of state, and the coupons, if any, attached thereto shall bear the facsimile signature of the chairman of the board. In case any of the officers whose signatures appear on the bonds or notes or coupons issued as authorized under this section shall cease to be such officers before the delivery of the bonds or notes, the signatures are nevertheless valid and sufficient for all purposes the same as if they had remained in office until such delivery. The board shall fix the denominations of the bonds or notes, the principal and interest of which shall be payable at the office of the treasurer of the state of West Virginia at the state capitol, or at the option of the holder, at some bank or trust company within or without the state of West Virginia to be named in the bonds or notes, in such medium as may be determined by the board. The bonds or notes and interest thereon are exempt from taxation by the state of West Virginia, or any county or municipality in the state. The board may provide for theregistration of the bonds or notes in the name of the owners as to principal alone, and as to both principal and interest under such terms and conditions as the board may determine, and shall sell the bonds or notes in such manner as it may determine to be for the best interest of the state and the board, taking into consideration the financial responsibility of the purchaser, and the terms and conditions of the purchase, and especially the availability of the proceeds of the bonds or notes when required for payment of the cost of the project, the sale to be made at a price not lower than a price which, computed upon standard tables of bond values, will show a net return of not more than thirteen percent per annum to the purchaser upon the amount paid therefor. The proceeds of the bonds or notes shall be used solely for the payment of the cost of the project for which bonds or notes were issued, and shall be deposited and checked out in the same manner as provided by article six, chapter five of this code, and under such further restrictions, if any, as the board may provide. If the proceeds of bonds or notes issued for a project or a specific group of projects exceeds the cost of the project or projects, the surplus shall be paid into the fund provided for in this section for payment of the principal and interest of the bonds or notes. The fund may be used for the purchase of any of the outstanding bonds or notes payable from the fund at the market price, but at not exceeding the price, if any, at which the bonds or notes are in the same year redeemable. All bonds or notes redeemed or purchased shall forthwith be canceled, and shall not again be issued. Prior to the preparation of definitive bonds or notes, the board may, under like restrictions, issue temporary bonds or notes with or without coupons, exchangeable for definitive bonds or notes upon the issuance of the latter. Notwithstanding the provisions of sections nine and ten, article six, chapter twelve of this code, revenue bonds or notes issued under the authority granted in this section are eligible as investments for the workers' compensation fund, teachers retirement fund, division of public safety death, disability and retirement fund, West Virginia public employees retirement system and as security for the deposit of all public funds. The revenue bonds or notes may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this article, or by the constitution of the state. For all projects authorized under the provisions of this section, the aggregate amount of all issues of bonds or notes outstanding at one time shall not exceed two million five hundred thousand dollars including the renegotiation, reissuance or refinancing of any bonds or notes.
Notwithstanding anything in this section to the contrary, the board is authorized to issue bonds or notes or otherwise finance or refinance the projects in this section, including the costs of issuance and sale of the bonds or notes or financing, all necessary financial and legal expenses and creation of debt service reserve funds in an amount not to exceed two million five hundred-thousand dollars.
The board may enter into an agreement or agreements with any trust company, or with any bank having the powers of a trust company, whether within or outside of the state, as trustee for the holders of bonds or notes issued under this section, setting forth in the agreement the duties of the state and of the board in respect of the acquisition, construction, improvement, maintenance, operation, repair and insurance of the project, the conservation and application of all moneys, the insurance of moneys on hand or on deposit, and the rights and remedies of the trustee and the holders of the bonds or notes, as may be agreed upon with the original purchasers of the bonds or notes. The agreement or agreements shall include provisions restricting the individual right of action of bondholders or noteholders as is customary in trust agreements respecting bonds or notes and debentures of corporations, protecting and enforcing the rights and remedies of the trustee and the bondholders or noteholders, and provide for approval by the original purchasers of the bonds or notes of the appointment of consulting architects, and of the security given bythose who contract to construct the project, and by any bank or trust company in which the proceeds of bonds or notes or rentals shall be deposited, and for approval by the consulting architects of all contracts for construction. All expenses incurred in carrying out the agreement may be treated as a part of the cost of maintenance, operation and repairs of the project.
(a) The purpose of the Legislature in enacting this section is to establish a framework for the distribution of excess and leftover foods in West Virginia public school cafeterias and in correctional facilities to community agencies that serve homeless and needy people in this state and to address findings that:
(1) Many homeless, destitute and needy people are without sufficient food to meet minimum requirements for daily living;
(2) Many school cafeterias and prison cafeterias prepare a large number of meals each day;
(3) Despite state and federal policies and guidelines and proper efforts of personnel at such institutions which attempt to eliminate or minimize the waste of unserved prepared food at such public institutions, that some surplusage of leftover food does in fact occur; and
(4) Various community agencies are trying to feed the homeless and needy people and that leftover foods from the aforesaid public institutions is an obvious resource to help provide food for the homeless and needy people of the state.
(b) For purposes of this section the following terms shall have the following meanings:
(1) "Leftover food" means food prepared for immediate human consumption but not served, that cannot be refrigerated or preserved to be served at a later time, nor used in the preparation of other foods, or unopened packaged foods, unopened cartons of milk and parcels of whole fruit which are taken by consumers at the institution, but not eaten, or is not subject to being reserved according to policies or rules governing the service of food at the institution;
(2) "Agency" means any nonprofit, religious or charitable organization which is exempt from taxation pursuant to 26 U.S.C. §501(c)(3) or (4) whose purposes include the feeding of homeless and needy persons.
(3) "Commission" means the commission distribution of surplus food established in subsection (c) of this section.
(c) There is hereby established a commission for the distribution of surplus prepared foods. The superintendent of the state board of education, or his or her designee, shall serve as chair of the commission. The executive director of the regional jail and prison authority, or his or her designee, and the commissioner of the division of corrections, of the department of public safety, or his or her designee, shall serve as members of the commission.
(d) The commission shall develop and establish a pilot program in Ohio County for the distribution of leftover foods from secondary school cafeterias, the county jail in Ohio County and the regional jail located in Marshall County to community agencies in Ohio County to be distributed to homeless and needy persons in Ohio County, consistent with the goals and purposes established in this section. The pilot program shall provide that an agency pay any cost of transporting the leftover food. In no event may the pilot program provide that the state bear any of the cost of transporting the leftover food.
(e) The commission shall have the following powers and duties in carrying out the provisions of this section:
(1) Propose for promulgation legislative rules in accordance with article three, chapter twenty-nine-a of this code which are necessary to carry out the purposes of this section;
(2) Suggest modification of policies and propose amendments to current rules of the state board of education, the division of corrections and the regional jail authority which are in conflict with the purpose and goals of this section, only as such are applicable to the public institutions included in this pilot program;
(3) Coordinate and cooperate with all appropriate federalagencies, including, but not limited to, the United States department of agriculture to approve the distribution of leftover foods under controlled conditions;
(4) Draft cooperative and mutually beneficial agreements between the respective agencies and the local school or district or correctional facilities;
(5) Develop a comprehensive plan of food distribution to agencies including consideration of any input or suggestions from agencies interested in participation in the plan; such plan shall address the care of environmental resources and human needs. Any plan or program for food distribution shall require that the cost of transporting the food is to be paid by a community agency. The commission has no authority to develop a comprehensive plan of food distribution which would provide that the state pay all or any part of the cost of transporting the food to be distributed.
(f) The pilot program shall commence no later than the first day of September, one thousand nine hundred ninety-four, and continue until the first day of July, one thousand nine hundred ninety-seven, unless sooner terminated by the Legislature. On the first Wednesday after the second Monday of each January, the commission shall report to the governor and the Legislature on the progress of the program whether it should be continued or discontinued, any recommended modifications in the program's scope and mission and whether any action is necessary by the Legislature to improve the success of the program. At the end of the pilot program, the commission shall make a final report to the governor and the Legislature as to whether the findings in this section are being addressed and recommend whether or not the program shall be expanded statewide, with specific recommendations for program support and administration, development and other relevant policy issues.
The West Virginia board of education shall conduct a comprehensive study of staff fluctuations in schools with a high percentage of at-risk students. At-risk students are defined as students with the potential for academic failure, including, but not limited to, the risk of dropping out of school, involvement in delinquent activities and those students with free and reduced lunch status. The state superintendent shall prepare a written report detailing the findings, conclusions and recommendations generated by the study to be presented to the legislative oversight commission on education accountability by the first day of January, one thousand nine hundred ninety-five.
Repealed.
Acts, 1972 Reg. Sess., Ch. 104
Repealed.
Acts, 1972 Reg. Sess., Ch. 104.
Repealed.
Acts, 1972 Reg. Sess., Ch. 104.
Repealed.
Acts, 1990 3rd. Ex. Sess., Ch. 4.
The West Virginia board of education, through the state superintendent of schools, shall establish standards and criteria especially designed to guide the development of plans for a comprehensive educational program or programs in county school systems, to provide for their evaluation and approval, and to provide, as herein directed, for the allocation and distribution of state funds, which may be appropriated to assist county school systems to meet additional costs of development and operation of such programs. The plans shall include, but need not be restricted to an analysis of existing program area deficiencies and the procedures for their correction. The plans shall be submitted to and be approved by the West Virginia board of education.
County plans shall include one or more of the following: (1) A plan to initiate comprehensive educational programs in any or all areas or parts of the curriculum, and provide necessary supporting services, or (2) a plan to provide for the maintenance or extension of areas or parts of comprehensive educational programs developed or established under this section, or (3) a plan to give essential aid for instruction or supporting services for enrichment of curriculum in schools designated as isolated by the West Virginia board of education where consolidation of schools or the development of county comprehensive educational programs are not possible or feasible.
The state superintendent of schools shall provide assistance to counties in the development and preparation of their plans for a comprehensive educational program or programs in order to ensure that every county may have the opportunity to fully participate and receive its maximum share of the funds available. All plans shall be submitted to the West Virginia board of education on or before the first day of July of the school year in which they are operative. The state superintendent of schools shall as soon as possible and before the first day of August each year notify any county whose plan fails to receive approval specifying the manner in which the plan fails to meet the criteria established and suggesting the necessary corrections. If the county modifies its plan so that its program or programs become acceptable on or before the first day of September of that year, the county shall be entitled to receive the computed share of its allocation for which it is eligible under its approved plan.
The total potential cost of the comprehensive educational program for each county shall be determined prior to the first day of July by multiplying the applicable net enrollments at the close of the second month of the current school term by the following amounts: Ten dollars for an adult in a public school program; ten dollars per senior high school student; seven dollars and fifty cents per junior high school student; and five dollars per elementary school student, including kindergarten. If the appropriation is not sufficient to provide for all counties their total potential costs as herein set forth, the allocation to all counties shall be reduced proportionately to secure a total which matches the appropriation.
Funds allocated to the counties shall be distributed to them annually not later than the first day of November on the basis of net enrollment in approved programs which are part of their current comprehensive educational plan and the funds distributed shall be computed as provided herein.
The West Virginia board of education shall establish by regulation the number of areas in which a county shall participate to qualify for full or partial distribution of its allocation. The number of curriculum areas in which a county shall be required to participate to qualify for its full allocation shall depend upon factors such as county size, population sparsity, topography and availability of school staff personnel. In no case shall the allocation for any one county exceed the amount derived from application of the maximum pupil allocation as hereinbefore setforth.
If the county plans approved by the first day of September do not utilize the total allocations by reason of the plan or plans of one or more counties not requiring the full allocations or by failure of one or more counties to submit an acceptable plan or plans by the first day of September, then those moneys which were available to such county or counties shall be declared by the state board of education to be excess funds. These excess funds shall be available for that year only for special distribution. All counties shall be eligible for additional moneys as a special distribution from excess funds if, and to the extent that, such county or counties approved plan or plans require funds in excess of the amount allocated to each county on or before the first day of September: Provided, That no county may receive any funds in excess of its total potential cost as determined prior to the first day of July. If the moneys for which the counties are eligible from the special distribution of excess funds exceed the total amount available for such distribution, the special distribution to each county shall be reduced proportionately. It is the intention to distribute all excess funds, in any given year, on a pro rata basis to all counties who have approved comprehensive educational programs for that year and who have not received their total potential funds.
Appropriations for the purpose of this section shall be used only to meet the requirements of the allocation schedule and of approved county plans.
(1) To provide for the coordination of professional development programs by the State Board;
(2) To promote high-quality instructional delivery and management practices for a thorough and efficient system of schools; and
(3) To ensure that the expertise and experience of state institutions of higher education with teacher preparation programs are included in developing and implementing professional development programs.
(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 shall include separate goals for teachers, principals and paraprofessional service personnel and may include separate goals for classroom aides and others in the public schools.
In establishing the goals, the State Board shall review reports that may indicate a need for professional staff development including, but not limited to, the report of the Center for Professional Development created in article three-a, chapter eighteen-a of this code, student test scores on the statewide student assessment program, the measures of student and school performance for accreditation purposes, school and school district report cards and its plans for the use of funds in the strategic staff development fund pursuant to section thirty-two, article two, chapter eighteen of this code.
(c) The Center for Professional Development shall design a proposed professional staff development program plan to achieve the goals of the State Board and shall submit the proposed plan to the State Board for approval as soon as possible following receipt of the State Board goals each year. In developing and implementing this plan, the Center first shall rely upon the available expertise and experience of state institutions of higher education before procuring advice, technical assistance or consulting services from sources outside the state.
The proposed plan shall include a strategy for evaluating the effectiveness of the professional staff development programs delivered under the plan and a cost estimate. The State Board shall review the proposed plan and return it to the Center for Professional Development noting whether the proposed plan is approved or is not approved, in whole or in part. If a proposed plan is not approved in whole, the State Board shall note its objections to the proposed plan or to the parts of the proposed plan not approved and may suggest improvements or specific modifications, additions or deletions to address more fully the goals or eliminate duplication. If the proposed plan is not wholly approved, the Center for Professional Development shall revise the plan to satisfy the objections of the State Board. State board approval is required prior to implementation of the professional staff development plan.
(d) The State Board approval of the proposed professional staff development plan shall establish a Master Plan for Professional Staff Development which shall be submitted by the State Board to the affected agencies and to the Legislative Oversight Commission on Education Accountability. The Master Plan shall include the State Board-approved plans for professional staff development by the State Department of Education, the Center for Professional Development, the state institutions of higher education and the regional educational service agencies to meet the professional staff development goals of the State Board. The Master Plan also shall include a plan for evaluating the effectiveness of the professional staff development delivered through the programs and a cost estimate.
The Master Plan shall serve as a guide for the delivery of coordinated professional staff development programs by the State Department of Education, the Center for Professional Development, the state institutions of higher education and the regional educational service agencies beginning on the first day of June in the year in which the Master Plan was approved through the thirtieth day of May in the following year. This section does not prohibit changes in the Master Plan, subject to State Board approval, to address staff development needs identified after the Master Plan was approved.
(b) The intent of this section is to establish a structure to enhance collaboration between the teacher preparation institutions, the Center for Professional Development and the regional education service agencies in providing professional development.
(c) The Legislature finds that:
(1) There is insufficient collaboration of the teacher preparation institutions with the Center for Professional Development and each of the regional education service agencies;
(2) More collaboration would prevent duplication of services and result in higher quality professional development;
(3) Creating a structure and assigning responsibility would promote more effective collaboration;
(4) The state's research and doctoral degree-granting public institutions of higher education, West Virginia University and Marshall University, have the most capacity to be important sources of research and expertise on professional development;
(5) West Virginia University and Marshall University are the only institutions in the state that offer course work leading to a doctoral degree in education administration;
(6) As the largest state institutions of higher education, West Virginia University and Marshall University have more capacity than any other institution in the state to handle the additional responsibilities assigned in this section;
(7) The coordination by West Virginia University and Marshall University of the efforts of other teacher preparation institutions to collaborate with the Center for Professional Development and each of the regional education service agencies will provide points of accountability for the collaboration efforts of the other institutions; and
(8) The State Board's authority over the regional education service agencies can be used to motivate the agencies to collaborate with the teacher preparation institutions in providing professional development and will serve as a point of accountability for the collaboration efforts of the agencies.
(d) West Virginia University and Marshall University shall collaborate with the Center for Professional Development in performing the Center's duties. This collaboration shall include at least the following:
(1) Including the teacher preparation institutions in the proposed professional staff development program plan required to be submitted to the State Board by section twenty-three-a of this article;
(2) Providing any available research-based expertise that would be helpful in the design of the proposed professional staff development program plan;
(3) Providing any available research-based expertise that would be helpful in the implementation of professional development programs; and
(4) Arranging for other state institutions of higher education having a teacher preparation program to assist the Center when that assistance would be helpful.
(e) All teacher preparation institutions shall collaborate with the regional education service agency of the service area in which the institution is located at least to:
(1) Prevent unnecessary duplication of services;
(2) Assist in the implementation of the professional development programs of the regional education service agency; and
(3) Assist the regional education service agency in obtaining any available grants for professional development or to apply for any available grant with the agency collaboratively.
(f) Since no teacher preparation institution exists in the service area of Regional Education Service Agency IV, Marshall University shall collaborate with that Agency for the purposes set forth in subdivision (e) of this section.
(g) In addition to the collaboration required by subsections (e) and (f) of this section of all teacher preparation institutions, West Virginia University and Marshall University shall:
(1) Coordinate the collaboration of each of the other teacher preparation institutions in their designated coordination area with the appropriate regional education service agency. This coordination at least includes ensuring that each of the other institutions are collaborating with the appropriate regional education service agency; and
(2) Collaborate with each of the other teacher preparation institutions in their designated coordination area. This collaboration at least includes providing assistance to the other institutions in providing professional development and in their collaboration with the appropriate regional education service agency.
(h) The designated coordination area of West Virginia University includes the service areas of Regional Education Service Agencies V, VI, VII and VIII. The designated coordination area of Marshall University includes the service areas of Regional Education Service Agencies I, II, III and IV.
(i) The State Board shall ensure that each of the regional education service agencies is collaborating with the teacher preparation institution or institutions in its service area for the purposes set forth in subsection (e) of this section. Since Regional Education Service Agency IV does not have a teacher preparation institution in its service area, the State Board shall ensure that it is collaborating with Marshall University for the purposes set forth in subsection (e) of this section.
(j) Before a regional education service agency, except for Regional Education Service Agency IV, obtains professional development related services or expertise from any teacher preparation institution outside of that agency's service area, the agency shall inform the Center for Professional Development Board. Before Regional Education Service Agency IV obtains professional development related services or expertise from any teacher preparation institution other than Marshall University, the agency shall inform the Center Board.
(k) The collaboration and coordination requirements of this section include collaborating and coordinating to provide professional development for at least teachers, principals and paraprofessionals.
The West Virginia secondary school activities commission shall be composed of the principals, or their representatives, of those secondary schools whose county boards of education have certified in writing to the state superintendent of schools that they have elected to delegate the control, supervision and regulation of their interscholastic athletic events and band activities of the students in the public secondary schools in their respective counties to said commission. The West Virginia secondary school activities commission is hereby empowered to exercise the control, supervision and regulation of interscholastic athletic events and band activities of secondary schools, delegated to it pursuant to this section. The rules and regulations of the West Virginia secondary school activities commission shall contain a provision for a proper review procedure and review board and be promulgated in accordance with the provisions of chapter twenty-nine-a of this code, but shall, in all instances be subject to the prior approval of the state board. The West Virginia secondary school activities commission, may, with the consent of the state board of education, incorporate under the name of "West Virginia Secondary School Activities Commission, Inc.," as a nonprofit, nonstock corporation under the provisions of chapter thirty-one of this code. County boards of education are hereby authorized to expend moneys for and pay dues to the West Virginia secondary school activities commission, and all moneys paid to such commission, as well as moneys derived from any contest or other event sponsored by said commission, shall be quasi-public funds as the same are defined in article five, chapter eighteen, and such funds of the commission shall be subject to an annual audit by the state tax commissioner.
The West Virginia secondary school activities commission shall promulgate reasonable rules and regulations providing for the control, supervision and regulation of the interscholastic athletic events and other extracurricular activities of such private and parochial secondary schools as elect to delegate to such commission such control, supervision and regulation, upon the same terms and conditions, subject to the same regulations and requirements and upon the payment of the same fees and charges as those provided for public secondary schools. Any such private or parochial secondary school shall receive any monetary or other benefits in the same manner and in the same proportion as any public secondary school.
Since the first enactment of this section in one thousand nine hundred seventy-two, the focus of public education has shifted from a reliance on input models to determine if education programs and services are providing to students a thorough and efficient education to a performance based accountability model which relies on the following:
(1) Development and implementation of 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;
(2) Development and implementation of assessments to measure student performance and progress toward meeting the standards;
(3) Development and implementation of a system for holding schools and school systems accountable for student performance and progress toward obtaining a high quality education which is delivered in an efficient manner; and
(4) Development and implementation of a method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress.
(b) Purpose. -- In establishing the agencies the Legislature envisions certain areas of service in which the agencies can best assist the state board in implementing the standards based accountability model pursuant to subsection (a) of this section and, thereby, in providing high quality education programs. These areas of service include the following:
(1) Providing technical assistance to low performing schools and school systems;
(2) Providing high quality, targeted staff development designed to enhance the performance and progress of students in state public education;
(3) Facilitating coordination and cooperation among the county boards within their respective regions in such areas as cooperative purchasing; sharing of specialized personnel, communications and technology; curriculum development; and operation of specialized programs for exceptional children;
(4) Installing, maintaining and/or repairing education related technology equipment and software with special attention to the state level basic skills and SUCCESS programs;
(5) Receiving and administering grants under the provisions of federal and/or state law; and
(6) Developing and/or implementing any other programs or services as directed by law or by the state board.
(c) State board rule. -- The state board shall reexamine the powers and duties of the agencies in light of the changes in state level education policy that have occurred and shall establish multicounty regional educational service agencies by rule, promulgated in accordance with the provisions of article three-b, chapter twenty-nine-a of this code.
The rule shall contain all information necessary for the effective administration and operation of the agencies. In developing the rule, the state board may not delegate its constitutional authority for the general supervision of schools to the agencies, however, it may allow the agencies greater latitude in the development and implementation of programs in the service areas outlined in subsection (b) of this section with the exceptions of providing technical assistance to low performing schools and school systems and providing high quality, targeted staff development designed to enhance the performance and progress of students in state public education. These two areas constitute the most important responsibilities for the agencies.
The rule establishing the agencies shall be promulgated before the first day of November, two thousand two, and shall be consistent with the provisions of this section. It shall include, but is not limited to, the following procedures:
(1) Providing for a uniform governance structure for the agencies containing at least these elements:
(A) Selection by the state board of an executive director who shall be responsible for the administration of his or her respective agency. The rule shall provide for the state board to consult with the appropriate regional council during the selection process;
(B) Development of a job description and qualifications for the position of executive director, together with procedures for informing the public of position openings and for taking and evaluating applications for these positions;
(C) Provisions for the agencies to employ other staff, as necessary, with the approval of the state board and upon the recommendation of the executive director: Provided, That prior to the first day of July, two thousand three, no person who is an employee of an agency on the effective date of this section may be terminated or have his or her salary and benefit levels reduced as the sole result of the changes made to this section or by state board rule;
(D) Appointment by the county boards of a regional council in each agency area consisting of representatives of county boards and county superintendents from within that area for the purpose of advising and assisting the executive director in carrying out his or her duties. The state board may provide for membership on the regional council for representatives from other agencies and institutions who have interest or expertise in the development or implementation of regional education programs; and
(E) Selection by the state superintendent of a representative from the state department of education to serve on each regional council. These representatives shall meet with their respective regional councils at least quarterly;
(2) Establishing statewide standards by the state board for service delivery by the agencies. These standards may be revised annually and shall include, but are not limited to, programs and services to fulfill the purposes set forth in subsection (b) of this section;
(3) Establishing procedures for developing and adopting an annual basic operating budget for each agency and for other budgeting and accounting procedures as the state board may require;
(4) Establishing procedures to clarifying that agencies may acquire and hold real property;
(5) Dividing the state into appropriate, contiguous geographical areas and designating an agency to serve each area. The rule shall provide that each of the state's counties is contained within a single service area and that all counties located within the boundaries of each agency, as determined by the state board, shall be members of that agency; and
(6) Such other standards or procedures as the state board finds necessary or convenient.
(d) Regional services. -- In furtherance of the purposes provided for in this section, the state board and the regional council of each agency shall continually explore possibilities for the delivery of services on a regional basis which will facilitate equality in the education offerings among counties in its service area, permit the delivery of high quality education programs at a lower per student cost, strengthen the cost effectiveness of education funding resources, reduce administrative and/or operational costs, including the consolidation of administrative, coordinating and other county level functions into region level functions, and promote the efficient administration and operation of the public school systems generally.
Technical, operational, programmatic or professional services are among the types of services appropriate for delivery on a regional basis.
(e) Virtual education. -- The state board, in conjunction with the various agencies, shall develop an effective model for the regional delivery of instruction in subjects where there exists low student enrollment or a shortage of certified teachers or where the delivery method substantially improves the quality of an instructional program. The model shall incorporate an interactive electronic classroom approach to instruction. To the extent funds are appropriated or otherwise available, county boards or regional educational service agencies may adopt and utilize the model for the delivery of the instruction.
(f) Computer information system. -- Each county board of education shall use the uniform integrated regional computer information system recommended by the state board for data collection and reporting to the state department of education. County boards of education shall bear the cost of and fully participate in the implementation of the system by using one of the following methods:
(1) Acquiring necessary, compatible equipment to participate in the regional computer information system; or
(2) Following receipt of a waiver from the state superintendent, operating a comparable management information system at a lower cost which provides at least all uniform integrated regional computer information system software modules and allows on-line, interactive access for schools and the county board office onto the statewide communications network. All data formats shall be the same as for the uniform integrated regional information system and will reside at the regional computer.
Any county granted a waiver shall receive periodic notification of any incompatibility or deficiency in its system. No county shall expand any system either through the purchase of additional software or hardware that does not advance the goals and implementation of the uniform integrated regional computer information system as recommended by the state board.
(g) Reports and evaluations. -- Each agency shall submit to the state superintendent on such date and in such form as specified in the rules adopted by the state board a report and evaluation of the technical assistance and other services provided and utilized by the schools within each respective region and their effectiveness. Additionally, any school may submit an evaluation of the services provided by the agency to the state superintendent at any time. This report shall include an evaluation of the agency program, suggestions on methods to improve utilization and suggestions on the development of new programs and the enhancement of existing programs. The reports and evaluations submitted pursuant to this subsection shall be submitted to the state board and shall be made available upon request to the standing committees on education of the West Virginia Senate and House of Delegates and to the secretary of education and the arts.
(h) Funding sources. -- An agency may receive and disburse funds from the state and federal governments, from member counties, or from gifts and grants.
(i) Employee expenses. -- Notwithstanding any other provision of this code to the contrary, employees of agencies shall be reimbursed for travel, meals and lodging at the same rate as state employees under the travel management office of the department of administration.
A county board member may not be an employee of an agency.
(j) Meetings and compensation. --
(1) Agencies shall hold at least one half of their regular meetings during hours other than those of a regular school day. The executive director of each agency shall attend at least one meeting of each of the member county boards of education each year to explain the agency's services, garner suggestions for program improvement and provide any other information as may be requested by the county board.
(2) Notwithstanding any other provision of this code to the contrary, county board members serving on regional councils may receive compensation at a rate not to exceed one hundred dollars per meeting attended, not to exceed fifteen meetings per year. County board members serving on regional councils may be reimbursed for travel at the same rate as state employees under the rules of the travel management office of the department of administration.
(k) Computer installation, maintenance and repair. -- Agencies shall serve as the lead agency for computer installation, maintenance and repair for the basic skills and SUCCESS computer programs. Each agency shall submit a quarterly status report on turn around time for computer installation, maintenance and repair to the state superintendent of schools who shall then submit a report to the legislative oversight commission on education accountability. The status report for turn around time for computer installation, maintenance and repair shall be based on the following suggested time schedules:
Network File Servers.......................forty-eight hours
Local Area Networks........................forty-eight hours
West Virginia Education
Information System.........................twenty-four hours
Computer Workstations.....................three to five days
Printers..................................three to five days
Other Peripherals.........................three to five days
Agencies also shall submit an audit report to the legislative oversight commission on education accountability each year.
(l) Professional development. -- Pursuant to the processes and provisions of section twenty-three-a, article two, chapter eighteen of this code, each agency shall provide coordinated professional development programs within its region to meet the professional development goals established by the state board.
Notwithstanding the provisions of this section, nothing herein contained shall supersede the responsibility and respective duties of the commissioner of finance and administration, the director of the purchasing division of such department and the attorney general, for the execution and approval of the contracts entered into under this article and such contracts shall be in complete conformity with the provisions of articles three and five, chapter five-a of this code.
Repealed.
Acts, 1990 3rd. Ex. Sess., Ch. 4.
The state board shall establish no later than the school year one thousand nine hundred eighty-nine--ninety, a competitive grant program whereby schools may be awarded grants to implement exemplary and innovative programs designed to improve instruction.
Applications for awarding competitive grants which include one or more of the following considerations shall be given priority: (a) Whether local community resources have been committed to work in partnership with the school to implement the program, (b) whether the program involves extending the school year, (c) whether the program is for remediation, (d) whether the proposal will implement an early childhood program pursuant to section eighteen-c, article five of this chapter, (e) whether the proposal will implement a beginning teacher assistance program, (f) whether the school has probationary or nonapproval accreditation status, and, (g) how the program will be evaluated based on measurable performance criteria such as: Student achievement gain; student attendance; teacher attendance; parent participation; reduction in the amount of paperwork required of teachers; and any other factor promoting the attainment of full accreditation for the school or the school district.
The state board shall promulgate rules which ensure that the school or school district utilizes these funds appropriately. The state board shall encourage the donation of funds from private and other sources to augment state funding for the program.
There shall be established a statewide curriculum technology resource center to facilitate access to, and expedite the acquisition of, audiovisual materials to assist in the continued enrichment of the school curriculum. The state board shall designate the statewide center. The legislative intent is that appropriations for the said resource center be designated primarily for supportive materials to be made available for use by teachers: Provided, That no more than five percent of the moneys allocated for fiscal year one thousand nine hundred eighty-nine -- ninety be used for capital outlay and improvements on any structure used to house said resource center. The center shall develop a program of services for public school teachers in the fields of curricular development, instructional resources and technology. The center shall also undertake projects to describe systematically and evaluate curriculum materials and instruction resources, provide for dissemination of software and programs to teachers, provide leadership in the areas of instructional resources and provide training to increase skills in the use of technology and other instructional resources.
The center shall be a centralized purchasing agent for audiovisual materials requested for use in the public schools. The center shall utilize curriculum teams of classroom teachers and other professional educators representing all regional educational service agency regions to assist in the materials selection process. The center may obtain authorization to duplicate such materials and may duplicate such materials when duplication is justified by cost and need and when appropriate authorization has been obtained. The center shall maintain a central library of all original materials duplicated and shall compile no later than the first day of July, one thousand nine hundred ninety, a statewide catalog of all audiovisual materials available. The center shall make the statewide catalog accessible to teachers through electronic or other means.
Each regional educational service agency shall serve as a depository and distribution center for the audiovisual materials available to the public schools in its region. Each regional educational service agency shall survey audiovisual material currently held in the public schools in its region and submit the list to the statewide center for possible inclusion in the statewide catalog: Provided, That nothing in this section shall be construed to change ownership by any county board of any materials which are included in the catalog. Whenever the regional educational service agency receives a request for material not listed in the statewide catalog, the agency shall submit a request to the statewide center for review by one of the curriculum teams and, if appropriate, purchase and distribute the material.
After consultation with the governor's office of community and industrial development, the state board of education shall develop within equity guidelines a plan which provides for automatic cost of living adjustments to the salary schedules, as provided in chapter eighteen-a, whenever it is determined that the purchasing power of salaries of teachers and service personnel in areas of the state experiencing extraordinary growth and/or increases in the factors comprising the cost of living index is not equal to the purchasing power of teacher and service personnel salaries statewide, such plan to be submitted to the Legislature by the first day of the regular session one thousand nine hundred ninety-one.
(b) The money in the strategic staff development fund shall be used by the state board to provide staff development in schools, counties or both that the state board determines need additional resources. Additionally, the state board shall use a reasonable amount of the money from the strategic staff development fund to contract with an independent evaluator chosen by the state board to evaluate the effectiveness with which the money was used for staff development. The state board is required to report to the legislative oversight commission on education accountability before the first day of December of each year:
(1) The amount of each expenditure;
(2) The purpose of each expenditure; and
(3) The effectiveness of the staff development resulting from each expenditure.
(b) The state board shall promulgate legislative rules in accordance with article three-b, chapter twenty-nine-a of this code that addresses hazing in the public school system. The rules shall include at least the following:
(1) A definition of hazing;
(2) A definition of a public school-sponsored student organization that includes both cocurricular and extracurricular activities;
(3) A method to advise students and employees of the problems associated with hazing;
(4) Appropriate penalties or procedures for establishing penalties for students who haze while engaged in the activities of a public school-sponsored student organization; and
(5) Methods to prevent hazing in public school-sponsored organizations.
(c) The state board shall consider the antihazing law set forth in article sixteen, chapter eighteen in drafting the rules required by this section.
(d) Nothing in this section or in the policy promulgated in accordance with this section may be construed to prevent a suspension or expulsion executed in accordance with section one-a, article five, chapter eighteen-a of this code.
diplomas for surviving veterans of World War II, the Korean War, and the Vietnam Conflict.
(a) Notwithstanding any provision of this code to the contrary, the state board shall provide for the awarding of a high school diploma to any surviving veteran of World War II, the Korean War, or the Vietnam Conflict, who:
(1) Left school prior to graduation and served in the Armed Forces of the United States;
(2) Did not receive a high school diploma;
(3) Was discharged from the armed forces under honorable conditions; and
(4) Completes the application process as provided by the joint rules of the state board and the veterans' council.
(b) The state board and the veterans' council, created in article one, chapter nine-a of this code, shall jointly propose rules for the identification of eligible veterans and for awarding high school diplomas. The rules shall provide for an application process and the credentials required to receive a high school diploma.
(c) A diploma shall be awarded by the county board in the county in which the veteran resides or in the county in which the veteran would have received his or her diploma, whichever location the veteran chooses.
(d) For purposes of this section:
(1) "World War II veteran" means any veteran who performed wartime service between September 16, 1940, and December 31, 1946;
(2) "Korean War veteran" means any veteran who performed military service between June 27, 1950, and January 31, 1955;
(3) "Vietnam Conflict veteran" means any veteran who performed
military service between February 28, 1961, and May 7, 1975.
(b) The state board shall promulgate rules in accordance with article three-b, chapter twenty-nine-a of this code that allow a county board to implement a dress code requiring students to wear a school uniform. The uniforms may be required by the county board for either a school district, or for any certain school within the district. The rules shall provide at least the following:
(1) The county board may create an advisory committee comprised of parents, school employees and students for the purpose of considering whether the board should adopt a dress code requiring school uniforms for students in the district;
(2) The county board may create an advisory committee comprised of parents, school employees and students for the purpose of considering whether the board should adopt a dress code requiring school uniforms for students in any certain school within the district;
(3) If the advisory committee recommends to the board that a dress code requiring school uniforms for students be adopted either for the district or for any certain school within the district, the advisory committee also shall make recommendations on alternative methods of paying for the school uniforms; and
(4) If the advisory committee recommends to the board that a dress code requiring school uniforms for students be adopted either for the district or for any certain school within the district and if the advisory committee reports its recommendations on alternative methods of paying for the school uniforms to the board, the board may adopt a dress code requiring school uniforms for students.
(c) Nothing in this section requires a county board to adopt a dress code requiring school uniforms for students.
(d) Nothing in this section requires any level of funding by the Legislature, boards of education or any other agency of government.
(b) The state board shall establish a program for strengthening student learning ability that includes the following:
(1) A procedure for schools to apply for funds to implement programs to strengthen student learning ability in accordance with the provisions of this section;
(2) Specific factors for determining the need for each school applying for funds in accordance with subsection (e) of this section;
(3) A method for judging applications for funds on a competitive basis; and
(4) A determination of the maximum percentage of total funds appropriated for the purposes of this section which may be distributed for use in grades six through twelve so that the priority for program implementation is at the prekindergarten and elementary levels.
(c) Except as provided in subsection (d) of this section, a school is not eligible to receive an award of funds appropriated for the purposes of this section unless the proposed program includes the following:
(1) Assessment of the cognitive abilities of students;
(2) Physical screening that identifies barriers to a student's ability to learn;
(3) Development of a student-specific program to improve student learning ability based on the results of the assessment and physical screening;
(4) Administration of learning development exercises that strengthen the ability of students to learn; and
(5) An evaluation of the program's impact, including factors such as student test scores and other measures of student performance, the program's impact on special education referrals, program cost and other information considered important for judging the value of the program.
(d) A school is eligible to receive an award of funds appropriated for the purposes of this section for the implementation of an early childhood system to strengthen student learning abilities that includes cognitive/perceptual exercises for all children which are clearly based on the same intellectual premise, and are intended to address for all students the same developmental needs, as the more individual specific remedies required for programs under subsection (c) of this section. The programs shall include a method for evaluating program impact using appropriate measures of early childhood student development and progress.
(e) All the funds appropriated for the purposes of this section shall be distributed to schools based upon need as determined by the state board. In determining need, the state board may consider such things as the assessment test scores of the students, percentage of students who are enrolled in special education programs, dropout rates, attendance rates, the number of at-risk students, monetary and in-kind resources available from other sources that will be committed to the program and any other indicators the state board determines appropriate.
(f) The state board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.
(g) Nothing in this section requires any specific level of funding by the Legislature.
(1) When county boards do not fully insure their buildings and the contents of those buildings, the Legislature is sometimes expected to cover at least part of the costs of any damages that are incurred;
(2) Although the Federal Emergency Management Agency through the Public Assistance Grant Program will provide, in some instances, grants to repair or replace buildings owned by a county board, those grants are only provided if those buildings are located in an area where a state of emergency has been declared; and
(3) The Federal Emergency Management Agency requires a certain amount and type of insurance for certain school buildings.
(b) The State Board shall conduct a study on the feasibility of requiring flood insurance, general property insurance or both on all buildings owned by a county board and the contents of those buildings. The State Board shall report back to the Legislative Oversight Commission on Education Accountability before the first day of December, two thousand five. The report shall include any recommended legislation.
(1) The Legislature finds that the ultimate purpose of public education is to create the best possible environment to foster the teaching and learning process and that this purpose is best accomplished when professional educators are involved in direct interaction with students.
(2) The Legislature finds further that a number of school committees and school teams have been created over the years, both by state board rule and by state statute, designed to meet the needs of a specific time or place and that these committees and teams sometimes linger long after the specific purpose or need that created them has passed. The time and paperwork required to keep these committees and teams functioning may create a burden for school personnel in certain circumstances.
(3) The Legislature finds further that a thorough study is needed to determine the feasibility, effectiveness and necessity of each of these committees and teams in relation to one another and to the needs of the students and schools they are intended to serve.
(b) State board study. --
(1) Therefore, in view of the findings in subsection (a) of this section, it is the intent of the Legislature that the state board undertake a study of each school committee or school team created by statute or by state board rule and determine its organizational goals, effectiveness in meeting those goals, and viability in relation to the demands of time and paperwork it places on principals, teachers and other school personnel. The study further shall consider alternative ways that the goals of these teams and committees may be met to involve stakeholders in the education process while reducing the time demands and the paperwork burden they place on school personnel.
(2) The state board shall report its study findings and recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Standing Committee on Education by November 1, 2010.
(b) Notwithstanding any other provision of this code to the contrary, a substitute teacher who has been assigned as a classroom teacher in the same classroom continuously for more than one half of a grading period and whose assignment remains in effect two weeks prior to the end of the grading period, shall remain in the assignment until the grading period has ended, unless the principal of the school certifies that the regularly employed teacher has communicated with and assisted the substitute with the preparation of lesson plans and monitoring student progress or has been approved to return to work by his or her physician. For the purposes of this section, teacher and substitute teacher, in the singular or plural, mean professional educator as defined in section one, article one of this chapter.
(c) (1) The Legislature hereby finds and declares that due to a shortage of qualified substitute teachers, a compelling state interest exists in expanding the use of retired teachers to provide service as substitute teachers in areas of critical need and shortage. The Legislature further finds that diverse circumstances exist among the counties for the expanded use of retired teachers as substitutes. For the purposes of this subsection, "area of critical need and shortage" means an area of certification and training in which the number of available substitute teachers in the county who hold certification and training in that area and who are not retired is insufficient to meet the projected need for substitute teachers.
(2) A person receiving retirement benefits under the provisions of article seven-a, chapter eighteen of this code or who is entitled to retirement benefits during the fiscal year in which that person retired may accept employment as a substitute teacher for an unlimited number of days each fiscal year without affecting the monthly retirement benefit to which the retirant is otherwise entitled if the following conditions are satisfied:
(A) The county board adopts a policy recommended by the superintendent to address areas of critical need and shortage;
(B) The policy sets forth the areas of critical need and shortage in the county in accordance with the definition of area of critical need and shortage set forth in subdivision (1) of this subsection;
(C) The policy provides for the employment of retired teachers as substitute teachers during the school year on an expanded basis in areas of critical need and shortage as provided in this subsection;
(D) The policy provides that a retired teacher may be employed as a substitute teacher in an area of critical need and shortage on an expanded basis as provided in this subsection only when no other teacher who holds certification and training in the area and who is not retired is available and accepts the substitute assignment;
(E) The policy is effective for one school year only and is subject to annual renewal by the county board;
(F) The state board approves the policy and the use of retired teachers as substitute teachers on an expanded basis in areas of critical need and shortage as provided in this subsection; and
(G) Prior to employment of a substitute teacher beyond the post-retirement employment limitations established by the Consolidated Public Retirement Board, the superintendent of the affected county submits to the Consolidated Public Retirement Board and the state board, in a form approved by the retirement board, an affidavit signed by the superintendent stating the name of the county, the fact that the county has adopted a policy to employ retired teachers as substitutes to address areas of critical need and shortage, the name or names of the person or persons to be employed pursuant to the policy, the critical need and shortage area position filled by each person, the date that the person gave notice to the county board of the person's intent to retire, and the effective date of the person's retirement.
(3) Any person who retires and begins work as a substitute teacher within the same employment term shall lose those retirement benefits attributed to the annuity reserve, effective from the first day of employment as a retiree substitute in that employment term and ending with the month following the date the retiree ceases to perform service as a substitute.
(4) Retired teachers employed to perform expanded substitute service pursuant to this subsection are considered day-to-day, temporary, part-time employees. The substitutes are not eligible for additional pension or other benefits paid to regularly employed employees and shall not accrue seniority.
(5) When a retired teacher is employed as a substitute to fill a vacant position, the county board shall continue to post the vacant position until it is filled with a regularly employed teacher.
(6) Until this subsection is expired pursuant to subdivision (7) of this subsection, the state board, annually, shall report to the Joint Committee on Government and Finance prior to February 1 of each year. Additionally, a copy shall be provided to the Legislative Oversight Commission on Education Accountability. The report shall contain information indicating the effectiveness of the provisions of this subsection on expanding the use of retired substitute teachers to address areas of critical need and shortage including, but not limited to, the number of retired teachers, by critical need and shortage area position filled and by county, employed beyond the post-retirement employment limit established by the Consolidated Public Retirement Board, the date that each person gave notice to the county board of the person's intent to retire, and the effective date of the person's retirement.
(7) The provisions of this subsection shall expire on June 30, 2014.
(d) (1) Notwithstanding any other provision of this code to the contrary, each year a county superintendent may employ prospective employable professional personnel on a reserve list at the county level subject to the following conditions:
(A) The county board adopts a policy to address areas of critical need and shortage as identified by the state board. The policy shall include authorization to employ prospective employable professional personnel;
(B) The county board posts a notice of the areas of critical need and shortage in the county in a conspicuous place in each school for at least ten working days; and
(C) There are not any potentially qualified applicants available and willing to fill the position.
(2) Prospective employable professional personnel may only be employed from candidates at a job fair who have or will graduate from college in the current school year or whose employment contract with a county board has or will be terminated due to a reduction in force in the current fiscal year.
(3) Prospective employable professional personnel employed are limited to three full-time prospective employable professional personnel per one hundred professional personnel employed in a county or twenty-five full-time prospective employable professional personnel in a county, whichever is less.
(4) Prospective employable professional personnel shall be granted benefits at a cost to the county board and as a condition of the employment contract as approved by the county board.
(5) Regular employment status for prospective employable professional personnel may be obtained only in accordance with the provisions of section seven-a, article four of this chapter.
(e) The state board annually shall review the status of employing personnel under the provisions of subsection (d) of this section and annually shall report to the Legislative Oversight Commission on Education Accountability on or before November 1 of each year. The report shall include, but not be limited to, the following:
(A) The counties that participated in the program;
(B) The number of personnel hired;
(C) The teaching fields in which personnel were hired;
(D) The venue from which personnel were employed;
(E) The place of residency of the individual hired; and
(F) The state board's recommendations on the prospective
employable professional personnel program.
(b) Instructional resources approved for adoption and listed on the state multiple list shall substantially cover the required content and skills for the subject as approved by the state board. The instructional resources shall be current and the information shall be presented accurately. The instructional resources may consist of a single resource, print or electronic, or a compilation of resources, print or electronic, that together cover the required criteria established for approval as a primary instructional resource. The resources may be updated or otherwise changed and improved on an ongoing basis to ensure that they are current and accurate.
(c) On or before July 1 of each year, the state board shall classify the elementary and secondary school subjects required to be taught in the schools of our state into adoption groups by related subject fields as nearly as possible. A schedule for the periods of adoption, not to exceed six years, shall be determined by the state board. However, during the school year beginning on July 1, 2010, the state board shall develop a method by which newly developed and substantially revised instructional materials submitted by vendors or available as open resources may be reviewed for compliance with established criteria. When an instructional resource is found to be in compliance with established criteria, it may be added to the official multiple list and thereafter be available for adoption by a county board. County board instructional resources adoption committees may request a waiver of the adoption cycles from the state board. Software, print and electronic magazines, print and electronic newspapers and other print and electronic periodicals and other licensed or subscription-based instructional resources may be purchased county board for classroom use to supplement those items adopted on the state multiple list without having to comply with the adoption procedures provided in this article.
(d) Software, print and electronic magazines, print and electronic newspapers and print and electronic periodicals are considered to be instructional resources for purposes of special excess levies subject to the provisions of section sixteen, article eight, chapter eleven of this code when the described purpose under that section is for textbooks or instructional resources.
(e) A county board that selects an electronic instructional resource may, subject to the approval by the state board of its request to do so, choose not to renew that option before the end of the established contract period and select a new or different instructional resource from the official multiple listing before the end of the established contract period.
(f) The vendor of an adopted electronic resource, after notice of explanation to the state board, may offer an update to the navigational features or management system, or both, related to the learning technology and may update the content of the learning technology as needed to accurately reflect current knowledge or information without charge. Vendor changes to the electronic resources may not require the purchase of a new operating system during the established contract period. Vendors shall continue to provide support for the version adopted.
(g) The state board shall adopt guidelines and procedures for updates and changes to electronic instructional resources submitted by vendors.
(b) All bids or proposals shall be under seal, and each bidder shall deposit in the State Treasury such sum of money as the state board may designate, such deposit to be not less than $1,000, and not more than $3,000 and such deposit shall be forfeited to the general school fund if such bidder shall fail or refuse to make and execute such contract and bond as are herein required in case of acceptance of all or part of the vendor's bid, and otherwise shall be returned to such bidder after the contract has been made. The state board reserves the right to set the sum of money a vendor is required to deposit in the State Treasury upon submitting a bid: Provided, That the vendor has a previous history of failure or refusal to execute contracts or bonds with the State of West Virginia. The state board may set and collect review fees from publishers and vendors participating in the state instructional resources approval and adoption process.
(c) All bids shall be opened by the state board, or its designee, in public session. After considering the subject matter, product quality, general suitableness, and prices of items submitted, the state board shall, prior to March 1 of each year in which approvals for adoption are made by it, establish a committee of teachers and other educational specialists, including a sufficient number with experience with electronic instructional resources, and with the aid of the committee, shall on or before December 1, prior to county adoptions, select, approve and publish a list of items in each subject and grade in the elementary and secondary subjects required to be taught by the state board. The committee of teachers and other educational specialists shall report their recommendations to the state board on or before November 15 of the year preceding the adoption by the county board. The state board may create a standing committee of teachers and other education specialists, including a sufficient number with experience with electronic instructional resources, for each subject and grade level to review all new or revised instructional resources submitted after the initial approvals for adoption.
(b) Sample items submitted to county boards or regional education service agency selection teams remain the property of the vendor submitting them if claimed within thirty days after instructional materials have been formally adopted. Unclaimed items may be distributed free of charge by the respective county board or regional educational service agency to any school, library or individual who may have need for the sample items.
(c) Vendors claiming samples within the thirty-day period shall notify the respective board of education or regional education service agency at the time samples are submitted for study of their intent to recall the samples. All costs shall be borne by the vendors.
(d) No county or regional education service agency adoption committee is entitled to request or receive more than eight free samples of any multigrade program being considered for adoption. Any single grade level subject area items used above grade six shall be limited to five free samples per county selection committee. Any individual requesting samples in excess of these limits shall be billed by the vendor at the lowest wholesale price plus shipping. In the case of electronic instructional resources, it is sufficient for vendors to provide access for the purpose of reviewing the resources via a user name and password to a web-based resource or through on-line file transfer or download.
(b) Each vendor awarded a contract by the West Virginia Department of Education shall enter into a bond payable to the State of West Virginia in the penal sum of not less than $2,000 and not more than $10,000 to be approved by the state board of public works. The bond shall be executed as surety by a responsible surety company authorized to carry on its business in West Virginia. The contract shall be prepared by the Attorney General in accordance with the terms and provisions of this article. The contract shall be executed in triplicate, one copy to be held by the vendor, one by the state board and one attached to the bond filed with the board of public works.
(c) Bonds required of successful vendors shall provide that:
(1) The vendor will furnish any of the instructional resources on the multiple list under vendors contract for the period of the adoption, from the date of the bond, to any county school unit, a dealer appointed by the county, or any state board approved depository or depositories as defined in section seven of this article, at the lowest wholesale price contained in the bids or contracts made to any other county school unit, dealer, county, school or depository in any other state, like conditions prevailing. The state board shall determine, from time to time, the terms of the bids and contracts and may require the vendor to bear the costs of shipping, mail or transportation or offer any other financial benefit available in the highest amount paid by a vendor to any other county school unit, dealer, county or depository in any other state: Provided, That the state board shall decide whether from time to time bids and contracts for instructional resources are to be for the delivery directly to each county school unit, dealer appointed by the county, county or to each depository or depositories, or any combination thereof, under this section.
(2) The vendor will automatically reduce the prices in West Virginia when prices are reduced anywhere in the United States, so that no such item or items shall at any time be sold in West Virginia at a higher wholesale price than received for items elsewhere in the United States, like conditions prevailing.
(3) All items sold in West Virginia will be identical with the official samples submitted to the state board as regards quality standards, specifications, subject matter, and other particulars which may affect the value of the items. The state board may, however, during the period of the contract approve revised editions of adopted items, which will authorize a vendor to furnish such revisions. All contracts and bonds shall be filed in accordance with the appropriate state board process prior to July 1.
(b) School curriculum teams shall make their curriculum and instructional needs known to the county superintendent and selection committees prior to the consideration of any adopted grouping in accordance with the provisions of section three of this article. The county board shall, upon recommendation of the county superintendent with the aid of a committee of teachers and not later than May 1 of the year following that in which the multiple list for the group was made and approved, select from the state multiple list one or more resources to deliver instruction for a period as provided for elsewhere in this article. Counties are authorized to include nonvoting advisors from the general public in the adoption process, but shall require advisors to provide their assessment of the resources appropriate for the subject before the voting committee commences the selection process.
(c) In order to avoid duplication and to maximize resources, with agreement of all county superintendents within a regional education service agency area and subsequent regional education service agency actions, a regional education service agency instructional resources selection team may be established to conduct a review of selected resources placed on the state multiple list by the state board. The membership of the selection team will be established through agreement of the county superintendents with representation of all counties, including any nonvoting advisors from the general public. The resource selection team will provide recommendations to each county superintendent for consideration, review and adoption by each county board.
(d) County boards adopting electronic instructional resources shall ensure equity of access for all students at school and shall have a plan to provide equity of access at home if necessary through alternate avenues including, but not limited to, print, software, and hardware support.
(b) The state board may grant permission to county boards for the continued use of previously adopted resources that are listed on the most recently expired multiple list appropriate for the subject category under consideration. The continued use shall not exceed a period as designated by the state board. The state board may make such rules as it may deem necessary and expedient to carry out the provisions of this article.
The aims and purposes of the area vocational educational
program are to provide vocational training or retraining on an
organized basis designed to prepare individuals for useful
employment in recognized occupations. The program shall be made
available to residents of West Virginia in an area or areas
designated and approved by the State Board.
(a) The State Board may establish, operate and maintain area vocational educational programs including the acquisition by purchase, lease, gift or otherwise of necessary lands and the construction, expansion, remodeling, alteration and equipping of necessary buildings for the purpose of operating and conducting educational training centers.
(b) The State Board may delegate its operational authority for
multicounty vocational centers to an administrative council
composed of equal representation from each of the participating
county boards of education, the superintendent of schools from each
participating county, and the state director of vocational
education or his or her representative. To this end, there is
hereby expressly established in the State Board a division of
vocational education which shall determine the area or areas in
which the programs are to be conducted and is authorized to
promulgate rules necessary to carry out the provisions of this
article, pursuant to article three-b, chapter twenty-nine-a of this
code. The director of the division of vocational education
administers and supervises the area vocational educational
programs.
Any county which participates in the operation of a multi-county vocational center shall not be permitted to withdraw from such participation.
There is hereby established a fund to be known as the Area
Vocational Education Program Fund for Secondary Education. There
is hereby established a separate fund to be known as the Area
Vocational Education Program Fund for Post-Secondary Vocational
Education. All moneys appropriated for such purpose by the
Legislature as well as any gifts or grants made to the appropriate
fund by any governmental subdivision of the state or by the United
States government or by any individual, firm or corporation, to
carry out the provisions of this article shall be expended by the
State Board.
The State Board may expend the area vocational education
program funds for salaries; teachers' retirement contributions and
necessary traveling expenses of teachers and other necessary
employees, including, but not limited to, vocational guidance
counselors; for purchase, rental, maintenance and repair of
instructional equipment, buildings and supplies; and for the
necessary costs of transportation of certified students.
Repealed.
Acts, 1975 Reg. Sess., Ch. 194.
The State Board may pay for the transportation of any
certified unemployed person participating in any area vocational
educational program during the period of time that he or she is
engaged in the training program at any of the instructional
centers.
The Legislature further finds that students learn by example. The Legislature charges school administrators, faculty, staff and volunteers with demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation or bullying.
(1) A reasonable person under the circumstances should know will have the effect of any one or more of the following:
(A) Physically harming a student;
(B) Damaging a student's property;
(C) Placing a student in reasonable fear of harm to his or her person; or
(D) Placing a student in reasonable fear of damage to his or her property;
(2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or
(3) Disrupts or interferes with the orderly operation of the school.
(b) As used in this article, an electronic act, communication,
transmission or threat includes but is not limited to one which is
administered via telephone, wireless phone, computer, pager or any
electronic or wireless device whatsoever, and includes but is not
limited to transmission of any image or voice, email or text
message using any such device.
(b) Each county board policy shall, at a minimum, include the following components:
(1) A statement prohibiting harassment, intimidation or bullying of any student on school property, a school bus, at a school bus stop or at school sponsored events;
(2) A definition of harassment, intimidation or bullying no less inclusive than that in section two of this article;
(3) A procedure for reporting prohibited incidents;
(4) A requirement that school personnel report prohibited incidents of which they are aware;
(5) A requirement that parents or guardians of any student involved in an incident prohibited pursuant to this article be notified;
(6) A procedure for documenting any prohibited incident that is reported;
(7) A procedure for responding to and investigating any reported incident;
(8) A strategy for protecting a victim from additional harassment, intimidation or bullying, and from retaliation following a report;
(9) A disciplinary procedure for any student guilty of harassment, intimidation or bullying;
(10) A requirement that any information relating to a reported incident is confidential, and exempt from disclosure under the provisions of chapter twenty-nine-b of this code; and
(11) A requirement that each county board shall input into the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) described in section twenty-six, article two of this chapter, and compile an annual report regarding the means of harassment, intimidation or bullying that have been reported to them, and the reasons therefor, if known. The West Virginia Department of Education shall compile the information and report it annually beginning July 1, 2012, to the Legislative Oversight Committee on Education Accountability.
(c) Each county board shall adopt the policy and submit a copy to the State Superintendent of Schools by December 1, 2011.
(d) To assist county boards in developing their policies, the West Virginia Department of Education shall develop a model policy applicable to grades kindergarten through twelfth. The model policy shall be issued by September 1, 2011.
(e) Notice of the county board's policy shall appear in any
student handbook, and in any county board publication that sets forth the comprehensive rules, procedures and standards of conduct
for the school.
(1) In good faith promptly reports an incident of harassment, intimidation or bullying;
(2) Makes the report to the appropriate school official as designated by policy; and
(3) Makes the report in compliance with the procedures as specified in policy.
(b) To the extent state or federal funds are appropriated for these purposes, each school district shall:
(1) Provide training on the harassment, intimidation or bullying policy to school employees and volunteers who have direct contact with students; and
(2) Develop a process for educating students on the harassment, intimidation or bullying policy.
(c) Information regarding the county board policy against harassment, intimidation or bullying shall be incorporated into each school's current employee training program.
The purpose of this article is to provide for the establishment of high quality educational standards, to provide for the evaluation of student progress in attaining the knowledge and skills essential for them to become productive members of society, and to provide assurances to the public that a thorough and efficient system of education is being provided for all public school children in West Virginia.
(b) As part of their on-going responsibility for developing and implementing a program of assessments and a program of accountability, the state board shall perform the following functions:
(1) Review assessment tools, including tests of student performance and measures of school and school system performance, and determine when any improvements or additions are necessary;
(2) Consider multiple assessments, including, but not limited to, a state testing program developed in conjunction with the state's professional educators with assistance from such knowledgeable consultants as may be necessary, which may include criterion referenced tests;
(3) Review all accountability measures, such as the accreditation and personnel evaluation systems and consider any improvements or additions deemed necessary; and
(4) Ensure that all statewide assessments of student performance are secure.
Beginning in the school year one thousand nine hundred ninety--ninety-one, and continuing thereafter, national assessment of educational progress program tests shall be administered in academic areas at the various grades designated by the national assessment of educational progress officials to provide comparisons of West Virginia students to a national sample.
Acts, 1996 Reg. Sess., Ch. 114.
(a) The purpose of this section is to provide honors and advanced placement programs to meet the needs of students who have the potential and desire to complete curriculum more demanding than that offered in the regular classroom for their current grade level. Honors programs are those programs offering courses to expand the academic content in a given program of study and may include but shall not be limited to research and in-depth studies, mentorships, content-focused seminars, and extended learning outcomes instruction in the content area. Advanced placement programs are those programs offering classes which are advanced in terms of content and performance expectations of those normally available for the age/grade level of the student and providing credit toward graduation and possible college credit. Advanced placement classes also include those recognized or offered by the college board, postsecondary institutions and other recognized foundations, corporations or institutions.
Curriculum approved under this section shall be designed to advance the achievement of students in the subject area or areas in which the student has achieved at least two of the following three criteria: (a) Demonstrated exceptional ability and interest through past performance, (b) obtained the prerequisite knowledge and skills to perform honors or advanced placement work, and (c) recommended by the student's former or present teachers. Honors and advanced placement curriculum may include advanced placement courses offered through the college board or other public or private foundations, corporations, institutions, or businesses whose courses are generally accepted as leading to advanced placement or standing in a postsecondary institution, accelerated instructional courses offered via satellite and other courses and arrangements, approved by the state board, which provide students an opportunity to advance their learning above that offered through the regular curriculum. To the maximum extent possible, honors and advanced placement courses shall be taught by a regular classroom teacher. Such classroom teacher shall have adequate knowledge in the subject area for the instruction of such course. If a teacher, licensed by the state board, with adequate knowledge in the advanced subject area is not available, an adjunct teacher or other qualified person may be employed, contracted for, or shared between schools to instruct such course: Provided, That the position shall be posted annually prior to the beginning of the school year immediately following the school year in which the adjunct teacher or other qualified person is employed. The state board may grant waivers to existing certification requirements for an adjunct teacher or other qualified person who has an earned bachelors degree and has demonstrated competence in the subject to be taught.
(b) The honors and advanced placement curriculum shall be phased-in in accordance with the following schedule:
(1) Prior to the first day of June, one thousand nine hundred eighty-nine, the state board shall establish a program coordinated through the colleges and universities or some other entity, to provide training to teachers in the instruction of honors and advanced placement courses: Provided, That the state board shall not establish an additional certification area for the teaching of honors or advanced placement courses.
(2) To assist in the implementation of teacher training for honors and advanced placement instruction, there shall be an appropriation to the state board;
(3) On or before the first day of June, one thousand nine hundred eighty-nine, and each year thereafter, teachers shall be selected to teach honors and advanced placement courses based upon the teacher's qualifications and academic interests and the needs of the students. The county boards of education shall, if necessary, make arrangements for the teachers to attend a training program;
(4) Beginning in the school year one thousand nine hundred ninety--ninety-one, each county board shall provide in grades nine through twelve honors and advanced placement courses as provided under subsection (a) of this section.
(c) The state board shall designate one employee who is an expert in the area of higher education financial aid, including, but not limited to, loans, grants and work studies, to work on a full-time continuous basis with high school counselors to ensure that all high school students are informed of the availability of financial assistance to attend college.
Gifted students in grades nine through twelve may be served in honors and advanced placement programs as described in section three of this article, pursuant to the student's individualized education program and set forth in the student's four year education plan. Prior to the end of grade eight, a placement advisory committee shall convene for the purpose of determining whether a student should be placed in an honors or advanced placement program pursuant to the placement criteria set forth in section three-a of this article. Upon a determination that placement in one of the programs would be appropriate, the placement advisory committee shall write a four year education plan which will designate honors or advanced placement courses and/or offerings appropriate and agreed to by the school, parent and student.
The four year education plan must be reviewed annually and approved by the parent, student and school. Schools shall be required to deliver the individualized education program as stated in the four year education plan.
(a) The Legislature hereby finds and acknowledges that, if remediation is necessary, it should be provided when students are younger and before patterns of failure are established. The Legislature further acknowledges that the people of West Virginia would be better served if the state acted to ensure that all public school students were able to read at or above grade level upon exiting grade four, that county boards are in the best position to determine if remediation is necessary for students in kindergarten through grade four and that the counties should have the option of providing summer school for students and may consider student attendance as a factor in determining whether a child is eligible to be promoted to the next grade.
The Legislature further finds that not all students are financially able to pay for summer school, nor do all county schools hold summer school. It is, therefore, the purpose of this section to help the county boards to provide, either individually or cooperatively, free summer school and summer school transportation for those students in kindergarten through grade four who did not perform at grade level during the regular school year. It also is the purpose of this section to help students in kindergarten through grade four who are identified as being in danger of failing to read at grade level by the end of the school year to receive intensive reading instruction during their regularly scheduled reading time throughout the regular school year.
(b) Subject to appropriation by the Legislature therefor, the state board shall establish a competitive grant program as set forth in this section to provide reading programs for students in kindergarten through grade four who are not performing at grade level. The program shall be designated and known as the "Reading Excellence Accelerates Deserving Students" program and, along with such designation, may be referred to as "West Virginia READS".
Priorities for awarding the grants shall include, but are not limited to:
(1) Schools that have test scores below the state standards; and
(2) Schools that receive federal funds for the improvement of reading.
Competitive grant applications must be submitted by the county boards, or by a community collaborative with the county board as a partner with leadership responsibility, and shall describe how the program will:
(1) Employ strategies and proven methods for student learning, teaching and school management that are based on reliable research and effective practices and can be replicated in other schools to improve the reading skills of students;
(2) Contain measurable goals for the improvement of student reading skills and benchmarks for meeting those goals;
(3) Include a plan for the evaluation of student progress toward achieving the state's high standards;
(4) Identify how other federal, state, local and private resources, including volunteers, will be utilized to further the intent of this section;
(5) Link summer reading improvement programs with reading instruction and remediation throughout the school year;
(6) Determine feasibility of collaborating with colleges of education for the purpose of providing educational experiences for prospective teachers; and
(7) Accomplish other objectives as deemed necessary by the state board.
(c) Any county receiving a grant should encourage students in kindergarten through grade four who did not perform at grade level during the regular school year to attend summer school and may consider summer school attendance as a factor in determining whether a child is eligible to be promoted to the next grade. The county board shall provide intensive reading instruction during regularly scheduled reading time throughout the regular school year to students in kindergarten through grade four who are identified by the classroom teacher as being in danger of failing to read at grade level by the end of the school year. Nothing in this section shall prohibit county boards from permitting students to participate in reading programs on a student fee basis.
(d) The state board shall approve procedures for the implementation of this section. To assist the state board in developing procedures for the implementation of this section, including the grant application and the grant review and selection process, the state board shall appoint an advisory board consisting of the federal programs director and the title I reading coordinator/specialist, both from the state department of education, a representative from the department of education and the arts representing the library commission and the community schools initiative, a college or university professor of reading, two or more representatives from local school systems, the West Virginia coordinator of the read aloud program, the energy express project director, and a representative of mission West Virginia, or representatives of like successor organizations should these named organizations cease to exist. The procedures shall provide for:
(1) The appointment of a grant review and selection panel by the state board consisting of persons with expertise and practical experience in delivering programs to increase the reading skills of young students, not more than one half of whom may be employees of the state department of education, or the state board may designate the advisory board as the grant review and selection panel;
(2) Notice to all schools of the grant competition and the availability of applications on or before the thirtieth day of September, in each fiscal year for which grant funds are available;
(3) A grant application deadline postmarked on or before the fifteenth day of December, in each fiscal year for which grant funds are available;
(4) Notice of grant awards on or before the first day of March, in each fiscal year for which grant funds are available; and
(5) Other such requirements as deemed necessary by the state board.
(e) The state board may fund, from any other funds available for such purposes, the programs required by this section for students in kindergarten through grade four and any programs required by state board rules such as, but not limited to, the following:
(1) Tutoring;
(2) Summer school educational services;
(3) Additional certified personnel to provide intensive instruction in reading throughout the school year;
(4) Staff development for teachers; and
(5) Hot meal programs.
(f) Nothing in this section shall supersede the individualized education program (IEP) of any student.
(g) Nothing in this section may be construed to require any specific level of funding by the Legislature.
The Legislature further finds that not all students are financially able to pay for summer school, nor do all county schools hold summer school. It is, therefore, the purpose of this section to help the county boards to provide, either individually or cooperatively, free summer school and summer school transportation for those students in kindergarten through grade four who did not perform at grade level during the regular school year. It also is the purpose of this section to help students in kindergarten through grade four who are identified as being in danger of failing to execute mathematical skills at grade level by the end of the school year to receive intensive mathematics instruction during their regularly scheduled mathematics time throughout the regular school year.
(b) Subject to appropriation by the Legislature therefor, the state board shall establish a competitive grant program as set forth in this section to provide mathematics programs for students in kindergarten through grade four who are not performing at grade level. The program shall be designated and known as the "Mathematic Achievement Through Help" program and, along with such designation, may be referred to as "West Virginia MATH".
Priorities for awarding the grants shall include, but are not limited to:
(1) Schools that have math test scores below the state standards; or
(2) Schools that receive federal funds for the improvement of mathematics.
Competitive grant applications must be submitted by the county boards, or by a community collaborative with the county board as a partner with leadership responsibility, and shall describe how the program will:
(1) Employ strategies, proven methods and innovative techniques for student learning, teaching and school management that are based on reliable research and effective practices, and can be replicated in other schools to improve the mathematical skills of students;
(2) Contain measurable goals for the improvement of student mathematical skills and benchmarks for meeting those goals;
(3) Include a plan for the evaluation of student progress toward achieving the state's high standards;
(4) Identify how other federal, state, local and private resources, including volunteers, will be utilized to further the intent of this section;
(5) Link summer improvement programs for mathematics with mathematical instruction and remediation throughout the school year;
(6) Determine the feasibility of collaborating with colleges of education for the purpose of providing educational experiences for prospective teachers;
(7) Identify the use of technology, including computers and calculators, and demonstrate how technology will be integrated into the program; and
(8) Accomplish other objectives as deemed necessary by the state board.
(c) Any county receiving a grant should encourage students in kindergarten through grade four who did not perform at grade level during the regular school year to attend summer school and may consider summer school attendance as a factor in determining whether a child is eligible to be promoted to the next grade. The county board shall provide intensive mathematics instruction during regularly scheduled mathematics time throughout the regular school year to students in kindergarten through grade four who are identified by the classroom teacher as being in danger of failing to execute mathematical skills at grade level by the end of the school year. Nothing in this section shall prohibit county boards from permitting students to participate in mathematics programs on a student fee basis.
(d) The state board shall approve procedures for the implementation of this section. To assist the state board in developing procedures for the implementation of this section, including the grant application and the grant review and selection process, the state board shall appoint an advisory board consisting of the mathematics education coordinator and the Title I mathematics coordinator/specialist, both from the state department of education, a college or university professor of mathematics, a county mathematics curriculum specialist, an elementary teacher with a mathematics certification, an elementary principal with a mathematics certification, a mathematics teacher with a certificate issued by the national board of professional teaching standards, a representative from the West Virginia council of teachers of mathematics and two or more representatives from local school systems that are certified in mathematics education, or representatives of like successor organizations should these named organizations cease to exist. The procedures shall provide for:
(1) The appointment of a grant review and selection panel by the state board consisting of persons with expertise and practical experience in delivering programs to increase the mathematical skills of young students, not more than one half of whom may be employees of the state department of education, or the state board may designate the advisory board as the grant review and selection panel;
(2) Notice to all schools of the grant competition and the availability of applications on or before the thirtieth day of September, in each fiscal year for which grant funds are available;
(3) A grant application deadline postmarked on or before the fifteenth day of December, in each fiscal year for which grant funds are available;
(4) Notice of grant awards on or before the first day of March, in each fiscal year for which grant funds are available; and (5) Other such requirements as deemed necessary by the state board.
(e) The state board may fund, from any other funds available for such purposes, the programs required by this section for students in kindergarten through grade four and any programs required by state board rules such as, but not limited to, the following:
(1) Tutoring;
(2) Summer school educational services;
(3) Additional certified personnel to provide intensive instruction in mathematics throughout the school year;
(4) Staff development for teachers; and
(5) Hot meal programs.
(f) Nothing in this section shall supersede the individualized education program (IEP) of any student.
(g) Nothing in this section may be construed to require any specific level of funding by the Legislature.
Acts, 2005 Reg. Sess., Ch. 91.
(1) Children entering early childhood education programs have significant differences in their cognitive development, mastery of the early basic skills and readiness for instruction in a formal setting;
(2) Mastery of the basic skills of reading, mathematics and English language arts is the foundation for all further learning and, therefore, providing the instruction necessary for each child to attain mastery in these basic skills must be the priority for early childhood education programs;
(3) Deficiencies in the basic skills of reading, mathematics and English language arts that persist in children beyond the early childhood years become more difficult to overcome as they retard further progress in building the basics and lead to significant gaps in the basic knowledge needed to comprehend more advanced content in other subject areas; and
(4) Intensive instruction, early detection and intervention to correct student deficiencies in the basic skills of reading, mathematics and English language arts during early childhood education are more effective strategies for improving student performance than the alternatives such as grade level retention, social promotion and referral for special services and can lessen the prevalence of low basic skills as a contributing factor in student truancy, delinquency and dropout rates.
(b) Intent and purpose. -- The intent and purpose of this section is to establish the priority for early childhood education to provide intensive instruction in the basic skills of reading, mathematics and English language arts, along with early detection and intervention strategies to correct student deficiencies, to address the findings of this section.
(c) State board rule. -- On or before the first day of July, two thousand four, the state board shall adopt rules to effectuate the intent and purpose of this section, including, but not limited to, provisions that address the following:
(1) Reading, mathematics and English language arts are the only subjects that are required to be taught daily in kindergarten through grade two early childhood education programs;
(2) Instruction in other subject matter in kindergarten through grade two shall be oriented to reinforce instruction in reading, mathematics and English language arts;
(3) Strategies for the early detection and intervention to correct student deficiencies in reading, mathematics and English language arts shall be employed throughout the instructional term in each of the early childhood grades to help students achieve mastery in these subjects, including allowing flexibility in student schedules to provide additional time and instruction for students who are below mastery in these subjects in grades three and four;
(4) Accountability for student performance on the statewide assessment of student performance in the early childhood grades shall only include the basic skills of reading, mathematics and English language arts; and
(5) Any other provisions considered necessary by the state board to achieve the intent and purpose of this section.
(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.
and statewide school report cards.
(a) For the purpose of providing information to the parents of
public school children and the general public on the quality of
education in the public schools which is uniform and comparable
between schools within and among the various school districts, the
state board shall prepare forms for school, school district and
statewide school report cards and shall promulgate rules concerning
the collection and reporting of data and the preparation, printing
and distribution of report cards under this section. The forms
shall provide for brief, concise reporting in nontechnical language
of required information. Any technical or explanatory material a
county board wishes to include shall be contained in a separate
appendix available to the general public upon request.
(b) The school report cards shall include information as prescribed by lawfully promulgated rule by the state board to give the parents of students at the school and the general public an indication of the quality of education at the school and other programs supportive of community needs, including, but not limited to, the following:
(1) Indicators of student performance at the school in comparison with the county, state, regional and national student performance, as applicable, including student performance by grade level in the various subjects measured pursuant to a uniform statewide assessment program adopted by the state board; school attendance rates; the percent of students not promoted to next grade; and the graduation rate;
(2) Indicators of school performance in comparison with the aggregate of all other schools in the county and the state, as applicable, including average class size; percent of enrollments in courses in high school mathematics, science, English and social science; amount of time per day devoted to mathematics, science, English and social science at middle, junior high and high school grade levels; percentage distribution of students by career cluster as indicated on the individualized student transition plan; pupil-teacher ratio; number of exceptions to pupil-teacher ratio requested by the county board and the number of exceptions granted; the number of split-grade classrooms; pupil-administrator ratio; operating expenditure per pupil; county expenditure by fund in graphic display; and the average degree classification and years of experience of the administrators and teachers at the school;
(3) The names of the members of the local school improvement council, created pursuant to section two, article five-a of this chapter; and
(4) The name or names of the business partner or partners of the school.
In addition, every county board annually shall determine the number of administrators, classroom teachers and service personnel employed that exceeds the number allowed by the public school support plan and determine the amount of salary supplements that would be available per state authorized employee if all expenditures for the excess employees were converted to annual salaries for state authorized administrators, classroom teachers and service personnel within their county. The information shall be published annually in each school report card of each such county.
(c) The school district report card shall include the data for each school for each separately listed applicable indicator and the aggregate of the data for all schools, as applicable, in the county for each indicator. The statewide school report card shall include the data for each county for each separately listed indicator and the aggregate for all counties for each indicator.
(d) The report cards shall be prepared using actual local school, county, state, regional and national data indicating the present performance of the school and also shall include the state norms and the upcoming year's targets for the school and the county board.
The state board shall provide technical assistance to each county board in preparing the school and school district report cards.
Each county board shall prepare report cards in accordance with the guidelines set forth in this section. The school district report cards shall be presented at a regular school board meeting subject to applicable notice requirements and shall be made available to a newspaper of general circulation serving the district. The school report cards shall be mailed directly to the parent or parents of each child enrolled in that school. In addition, each county board shall submit the completed report cards to the state board which shall make copies available to any person requesting them.
The report cards shall be completed and disseminated prior to January 1, 1989, and in each year thereafter, and shall be based upon information for the current school year, or for the most recent school year for which the information is available, in which case the year shall be clearly footnoted.
(e) In addition to the requirements of subsection (c) of this section, the school district report card shall list the following information:
(1) The names of the members of the county board, the dates upon which their terms expire and whether they have attended an orientation program for new members approved by the state board and conducted by the West Virginia School Board Association or other approved organizations;
(2) The number of hours of training that meets state board standards that county board members have received during the school term reported; and
(3) The names of the county school superintendent and every assistant and associate superintendent and any training programs related to their area of school administration which they have attended.
The information also shall be reported by district in the statewide school report card.
(f) The state board shall develop and implement a separate report card for nontraditional public schools pursuant to the appropriate provisions of this section to the extent practicable.
Notwithstanding the provisions of section four of this article requiring school report cards to be mailed directly to the parent or parents of each child enrolled in the school, such report cards may, at the option of the county board of education, be mailed as provided in said section four or be given to each child for delivery to his or her parent, parents, custodian or legal guardian: Provided, That if the school report card is delivered by the child, written verification must be received by the school indicating the parent, parents, custodian or legal guardian has received the school report card.
(1) The process for improving education includes four primary elements, these being:
(A) Standards which set forth the knowledge and skills that students should know and be able to do as the result of a thorough and efficient education that prepares them for the twenty-first century, including measurable criteria to evaluate student performance and progress;
(B) Assessments of student performance and progress toward meeting the standards;
(C) A system of accountability for continuous improvement defined by high quality standards for schools and school systems articulated by a rule promulgated by the state board and outlined in subsection (c) of this section that will build capacity in schools and districts to meet rigorous outcomes that assure student performance and progress toward obtaining the knowledge and skills intrinsic to a high quality education rather than monitoring for compliance with specific laws and regulations; and
(D) A method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress.
(2) 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) 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 knowledge and skills 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) In consideration of these findings, 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 the high quality standards are, at a minimum, being met and that a thorough and efficient system of schools is being provided for all West Virginia public school students on an equal education opportunity basis.
(5) The intent of the Legislature in enacting this section and section five-c of this article 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 the performance and progress of students, schools and school systems and, when necessary, to 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) Electronic county and school strategic improvement plans. -- The state board shall promulgate a rule consistent with the provisions of this section and in accordance with article three-b, chapter twenty-nine-a of this code establishing an electronic county strategic improvement plan for each county board and an electronic school strategic improvement plan for each public school in this state. Each respective plan shall be a five-year plan that includes the mission and goals of the school or school system to improve student, school or school system performance and progress, as applicable. The strategic plan shall be revised annually in each area in which the school or system is below the standard on the annual performance measures. The revised annual plan also shall identify any deficiency which is reported on the check lists identified in paragraph (G), subdivision (5), subsection (l) of this section including any deficit more than a casual deficit by the county board. The plan shall be revised when required pursuant to this section to include each annual performance measure upon which the school or school system fails to meet the standard for performance and progress, the action to be taken to meet each measure, a separate time line and a date certain for meeting each measure, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the annual performance measure.
The department shall make available to all public schools through its website or the West Virginia Education Information System an electronic school strategic improvement plan boilerplate designed for use by all schools to develop an electronic school strategic improvement plan which incorporates all required aspects and satisfies all improvement plan requirements of the No Child Left Behind Act.
(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.
The standards, as applicable, shall incorporate the state's 21st Century Skills Initiative and shall assure that graduates are prepared for continuing post-secondary education, training and work and that schools and school systems are making progress toward achieving the education goals of the state.
(d) Comprehensive statewide student assessment program. -- The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code establishing a comprehensive statewide student assessment program to assess student performance and progress in grades three through twelve. The state board may require that student proficiencies be measured through the ACT EXPLORE and the ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors. The state board may require that student proficiencies be measured through the West Virginia writing assessment at any of the grade levels four, seven and ten determined by the state board to be appropriate: Provided, That, effective July 1, 2008, the state board may require that student proficiencies be measured through the West Virginia writing assessment at any of the grade levels four, seven and eleven determined by the state board to be appropriate. The state board may provide through the statewide assessment program other optional testing or assessment instruments applicable to grade levels kindergarten through grade twelve which may be used by each school to promote student achievement upon approval by the school curriculum team or the process for teacher collaboration to improve instruction and learning established by the faculty senate as provided in section six, article five-a of this chapter. The state board shall annually publish and make available, electronically or otherwise, to school curriculum teams and teacher collaborative processes the optional testing and assessment instruments. The failure of a school to use any optional testing and assessment may not be cited as a deficiency in any accreditation review of the school; nor may the exercise of its discretion, as provided in section six, article five-a of this chapter, in using the assessments and implementing the instructional strategies and programs that it determines best to promote student achievement at the school be cited as a deficiency in any accreditation review of the school or in the personnel evaluation of the principal. The use of assessment results are subject to the following:
(1) The assessment results for grade levels three through eight and eleven are the only assessment results which may be used for determining whether any school or school system has made adequate yearly progress (AYP);
(2) Only the assessment results in the subject areas of reading/language arts and mathematics may be used for determining whether a school or school system has made adequate yearly progress (AYP);
(3) The results of the West Virginia writing assessment, the ACT EXPLORE assessments and the ACT PLAN assessments may not be used for determining whether a school or school system has made adequate yearly progress (AYP);
(4) The results of testing or assessment instruments provided by the state board for optional use by schools and school systems to promote student achievement may not be used for determining whether a school or school system has made adequate yearly progress (AYP); and
(5) All assessment provisions of the comprehensive statewide student assessment program in effect for the school year 2006-2007 shall remain in effect until replaced by the state board rule.
(e) Annual performance measures for Public Law 107-110, the Elementary and Secondary Education Act of 1965, as amended (No Child Left Behind Act of 2001). -- The standards shall include annual measures of student, school and school system performance and progress for the grade levels and the content areas defined by the act. The following annual measures of student, school and school system performance and progress shall be the only measures for determining whether adequately yearly progress under the No Child Left Behind Act has been achieved:
(1) The acquisition of student proficiencies as indicated by student performance and progress on the required accountability assessments at the grade levels and content areas as required by the act subject to the limitations set forth in subsection (d) of this section.
(2) The student participation rate in the uniform statewide assessment must be at least ninety-five percent or the average of the participation rate for the current and the preceding two years is ninety-five percent for the school, county and state;
(3) Only for schools that do not include grade twelve, the school attendance rate which shall be no less than ninety percent in attendance for the school, county and state. The following absences are excluded:
(A) Student absences excused in accordance with the state board rule promulgated pursuant to section four, article eight of this chapter;
(B) Students not in attendance due to disciplinary measures; and
(C) Absent students for whom the attendance director has pursued judicial remedies compelling attendance to the extent of his or her authority; and
(4) The high school graduation rate which shall be no less than eighty percent for the school, county and state; or if the high school graduation rate is less than eighty percent, the high school graduation rate shall be higher than the high school graduation rate of the preceding year as determined from information on the West Virginia Education Information System on August 15.
(f) State annual performance measures for school and school system accreditation. -- The state board shall establish a system to assess and weigh annual performance measures for state accreditation of schools and school systems in a manner that gives credit or points such as an index to prevent any one measure alone from causing a school to achieve less than full accreditation status or a school system from achieving less than full approval status: Provided, That a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status, as applicable, and the system established pursuant to this subsection applies only to schools and school systems that do not achieve adequate yearly progress.
The following types of measures, as may be appropriate at the various programmatic levels, may be approved by the state board for the school and school system accreditation:
(1) The acquisition of student proficiencies as indicated by student performance and progress on the uniform statewide assessment program at the grade levels as provided in subsection (d) of this section. The state board may approve providing bonus points or credits for students scoring at or above mastery and distinguished levels;
(2) Writing assessment results in grades tested;
(3) School attendance rates;
(4) Percentage of courses taught by highly qualified teachers;
(5) Percentage of students scoring at benchmarks on the currently tested ACT EXPLORE and ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors;
(6) Graduation rates;
(7) Job placement rates for vocational programs;
(8) Percent of students passing end-of-course career/technical tests;
(9) Percent of students not requiring college remediation classes; and
(10) Bonus points or credits for subgroup improvement, advanced placement percentages, dual credit completers and international baccalaureate completers.
(g) Indicators of exemplary performance and progress. -- The standards shall include indicators of exemplary student, school and school system performance and progress. The indicators of exemplary student, school and school system performance and progress shall be used only as indicators for determining whether accredited and approved schools and school systems should be granted exemplary status. These indicators shall include, but are not limited to, the following:
(1) The percentage of graduates who declare their intent to enroll in college and other post-secondary education and training following high school graduation;
(2) The percentage of graduates who receive additional certification of their skills, competence and readiness for college, other post-secondary education or employment above the level required for graduation; and
(3) The percentage of students who successfully complete advanced placement, dual credit and honors classes.
(h) Indicators of efficiency. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt by rule and periodically review and update indicators of efficiency for use by the appropriate divisions within the department to ensure efficient management and use of resources in the public schools 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) Use 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.
(i) 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 annual measures of student, school and school system performance and progress. The system of education performance audits shall provide information to the state board, the Legislature and the Governor, individually and collectively as the Process for Improving Education Council, upon which they may determine whether a thorough and efficient system of schools is being provided. The system of education performance audits shall include:
(1) The assessment of student, school and school system performance and progress based on the annual measures set forth in subsection (d) of this section;
(2) The evaluation of records, reports and other information collected by the department upon which the quality of education and compliance with statutes, policies and standards may be determined;
(3) The review of school and school system electronic strategic improvement plans; and
(4) The on-site review of the processes in place in schools and school systems to enable school and school system performance and progress and compliance with the standards.
(j) 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.
The state board shall make accreditation information available to the Legislature, the Governor, the general public and to any individual who requests the information, subject to the provisions of any act or rule restricting the release of information.
(k) Early detection and intervention programs. -- 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.
(l) 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, the state board shall establish an Office of Education Performance Audits consistent with the provisions of this section. The Office of Education Performance Audits 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 and the Process for Improving Education Council created in section five-c of this article 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 annual salary of the director shall be set by the state board and may not exceed eighty percent of the salary cap 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 shall retain their benefits 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 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 used as annual performance measures 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; 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 state board and recommend to 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 of schools and school systems to meet the standards established by the state board, 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 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, the following:
(i) The use of a policy for the evaluation of all school personnel that meets the requirements of sections twelve and twelve-a, article two, chapter eighteen-a of this code;
(ii) The participation of students in appropriate physical assessments as determined by the state board, which assessment may not be used as a part of the assessment and accountability system;
(iii) The appropriate licensure of school personnel; and
(iv) The school provides multicultural activities.
Information contained in the reporting formats is subject to examination during an on-site review to determine compliance with laws, policies and standards. Intentional and grossly negligent reporting of false information are grounds for dismissal.
(m) On-site reviews. --
(1) The system of education performance audits shall include on-site reviews of schools and school systems which shall be conducted only at the specific direction of the state board upon its determination that the performance and progress of the school or school system are persistently below standard or that other circumstances exist that warrant an on-site review. Any discussion by the state board of schools to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in executive session and is not subject to the provisions of article nine-a, chapter six of this code relating to open governmental proceedings. An on-site review shall be conducted by the Office of Education Performance Audits of a school or school system for the purpose of investigating the reasons for performance and progress that are persistently below standard and making recommendations to the school and school system, as appropriate, and to the state board on such measures as it considers necessary to improve performance and progress to meet the standard. The investigation may include, but is not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Examining compliance with the laws and policies affecting student, school and school system performance and progress;
(C) Evaluating the effectiveness and implementation status of school and school system electronic strategic 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 of any compliance reviews or inspections conducted by the department or its agents or other duly authorized agencies of the state, nor may it mandate more stringent compliance measures.
(2) 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 before 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 shall conduct on-site reviews which are limited in scope to specific areas in which performance and progress are persistently below standard as determined by the state board unless specifically directed by the state board to conduct a review which covers additional areas.
(4) An on-site review of a school or school system shall include a person or persons from the Department of Education or a public education agency in the state who has expert knowledge and experience in the area or areas to be reviewed and who has been trained and designated by the state board to perform such functions. If the size of the school or school system and issues being reviewed necessitate 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 curriculum team of the school and the superintendent shall be provided the opportunity to be present. The purpose of the exit conference is to review the initial findings of the on-site review, clarify and correct any inaccuracies and allow the opportunity for dialogue between the reviewers and the school or school system to promote a better understanding of the findings.
(7) The Office of Education Performance Audits shall report the findings of an on-site review to the county superintendent and the principals whose schools were reviewed within thirty days following the conclusion of the on-site review. The Office of Education Performance Audits shall report the findings of the on- site review to the state board within forty-five days after the conclusion of the on-site review. A copy of the report shall be provided to the Process for Improving Education Council at its request. A school or county that believes one or more findings of a review are clearly inaccurate, incomplete or misleading, misrepresent or fail to reflect the true quality of education in the school or county or address issues unrelated to the health, safety and welfare of students and the quality of education, may appeal to the state board for removal of the findings. The state board shall establish a process for it to receive, review and act upon the appeals. The state board shall report to the Legislative Oversight Commission on Education Accountability during its July interim meetings, or as soon thereafter as practical, on each appeal during the preceding school year.
(8) The Legislature finds that the accountability and oversight of the following activities and programmatic areas in the public schools is controlled through other mechanisms and that additional accountability and oversight are not only unnecessary but counterproductive in distracting necessary resources from teaching and learning. Therefore, notwithstanding any other provision of this section to the contrary, the following activities and programmatic areas are not subject to review by the Office of Education Performance Audits:
(A) Work-based learning;
(B) Use of advisory councils;
(C) Program accreditation and student credentials;
(D) Student transition plans;
(E) Graduate assessment form;
(F) Casual deficit;
(G) Accounting practices;
(H) Transportation services;
(I) Special education services;
(J) Safe, healthy and accessible facilities;
(K) Health services;
(L) Attendance director;
(M) Business/community partnerships;
(N) Pupil-teacher ratio/split grade classes;
(O) Local school improvement council, faculty senate, student assistance team and curriculum team;
(P) Planning and lunch periods;
(Q) Skill improvement program;
(R) Certificate of proficiency;
(S) Training of county board members;
(T) Excellence in job performance;
(U) Staff development; and
(V) Preventive discipline, character education and student and parental involvement.
(n) 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, distinction accreditation status, full accreditation status, temporary accreditation status, conditional accreditation status or low performing accreditation status.
(1) Full accreditation status shall be given to a school when the school's performance and progress meet or exceed the standards adopted by the state board pursuant to subsection (e) or (f), as applicable, of this section and it does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A school that meets or exceeds the performance and progress standards but has the other deficiencies shall remain on full accreditation status for the remainder of the accreditation period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary accreditation status shall be given to a school when the school's performance and progress are 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 electronic strategic improvement plan is revised in accordance with subsection (b) of this section to increase the performance and progress of the school to a full accreditation status level. 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 are below the level required for full accreditation, but the school's electronic strategic improvement plan meets the following criteria:
(A) The plan has been revised to improve performance and progress on the standard or standards by a date or dates certain;
(B) The plan has been approved by the state board; and
(C) 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 substantially exceed the standards adopted by the state board pursuant to subsections (f) and (g) of this section. The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code designated to establish standards of performance and progress to identify exemplary schools.
(5) Distinction accreditation status shall be given to a school when the school's performance and progress exceed the standards adopted by the state board. The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code establishing standards of performance and progress to identify schools of distinction.
(6) Low-performing accreditation status shall be given to a school whenever extraordinary circumstances exist as defined by the state board.
(A) These circumstances shall include, but are not limited to, any one or more of the following:
(i) The failure of a school on temporary accreditation status to obtain approval of its revised electronic school strategic 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 electronic school strategic improvement plan;
(iii) The failure of a school to meet a standard by the date specified in the revised plan; and
(iv) The results of the most recent statewide assessment in reading and math or other multiple measures as determined by the state board that identify the school as low performing at its programmatic level in three of the last five years.
(B) Whenever the state board determines that the quality of education in a school is low performing, the state board shall appoint a team of improvement consultants from the West Virginia Department of Education State System of Support to make recommendations for correction of the low performance. These recommendations shall be communicated to the county board and a process shall be established in conjunction with the State System of Support to correct the identified deficiencies. If progress in correcting the low performance as determined by the state board is not made within one year following the implementation of the measures adopted to correct the identified deficiencies or by a date certain established by the state board after at least one year of implementation, 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 low performance.
(C) If the low performance 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 low performance 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 low performance 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 low performance, 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 low performance 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 is eligible for all positions in the county, including teaching positions, for which the principal is certified, by either being placed on the transfer list in accordance with section seven, article two, chapter eighteen-a of this code, or by being placed on the preferred recall list in accordance with section seven-a, article four, chapter eighteen-a of this code; 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.
(o) Transfers from low-performing schools. -- Whenever a school is determined to be low performing and fails to improve its status within one year, following state intervention in the operation of the school to correct the low performance, any student attending the school may transfer once to the nearest fully accredited school in the county, subject to approval of the fully accredited school and at the expense of the school from which the student transferred.
(p) 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 schools have all been given full, temporary or conditional accreditation status and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A fully approved school system in which other deficiencies are discovered shall remain on full accreditation status for the remainder of the approval period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county board whose education system is below the level required for full approval. Whenever a county board is given temporary approval status, the county board shall revise its electronic county strategic improvement plan in accordance with subsection (b) of this section to increase the performance and progress of the school system to a full approval status level. 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 electronic county strategic improvement plan meets the following criteria:
(i) The plan has been revised in accordance with subsection (b) of this section;
(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 electronic county strategic improvement plan or revised electronic county strategic 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 electronic county strategic 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;
(q) 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 (p) 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.
(r) Capacity. -- The process for improving education includes a process for targeting resources strategically to improve the teaching and learning process. Development of electronic school and school system strategic 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 electronic strategic 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 electronic strategic 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 and requiring the school or school system to work collaboratively with the West Virginia Department of Education State System of Support to correct the deficiencies;
(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.
(b) Whenever the state board intervenes in the operation of a school system and the office of the county superintendent is declared vacant pursuant to section five, article two-e of this chapter, the state board may, for any intervention which is instituted after the effective date of this section, void any existing employment contract between the county board and the county superintendent.
(c) Whenever a county board elects a county superintendent and enters into a written contract of employment with the superintendent, the county board shall include within the contract a conspicuous clause that informs the superintendent that if the state board intervenes in the operation of the county school system pursuant to section five, article two-e of this chapter, the state board may vacate the office and void the employment contract.
(b) Essential goals for a system of education performance audits include the following:
(1) To assure that the measures used to evaluate performance are clearly aligned with the education goals and expectations established for student, school and school system performance, including student success in postsecondary education and work;
(2) To assure that the measures used reflect a priority for student progress and safety; and
(3) To assure that the measures used are limited in number and easily comparable to national performance indicators.
(c) The state board shall conduct a review of the system of education performance audits with the objective of achieving the goals set forth in subsection (b) of this section and shall submit progress reports on its work as requested by the legislative oversight commission on education accountability. The state board shall submit a final report including, but not limited to, any necessary revisions of its policy on the system of education performance audits and any recommendations for statutory changes to the legislative oversight commission on education accountability by the first day of December, two thousand one.
(d) In conducting its review, the state board shall examine for potential use in the system of education performance audits, any indicators used by various organizations to compare the performance of state education systems.
(e) The state board also shall consider methods for assigning accreditation status, such as weighting the attainment of performance standards, so that high performing schools and school systems can be fully accredited while correcting deficiencies on the process standards: Provided, That process standards affecting the safety of students are weighted equally with the performance standards.
(b) Council membership. -- The Legislative Oversight Commission on Education Accountability, together with the Governor, ex officio, or the Governor's designee, the Chancellor of the Higher Education Policy Commission, ex officio, or the chancellor's designee, the Chancellor for Community and Technical College Education, ex officio, or the chancellor's designee and the state superintendent comprise the Process for Improving Education Council. Ex officio members are entitled to vote. The Governor or the Governor's designee shall convene the council, as appropriate, and shall serve as chair. The council may meet at any time at the call of the Governor or the Governor's designee.
(c) Compensation. -- Members of the council shall serve without compensation, but shall be reimbursed as provided by law by their respective agencies for all reasonable and necessary expenses actually incurred in the performance of their official duties under this section upon presentation of an itemized sworn statement of their expenses.
(d) Powers of the council. --
The council has the following powers:
(1) To meet and consult with the state board, or its designees, and make recommendations on issues related to student, school and school system performance. The following steps are part of the consultation process:
(A) The state board shall notify each member of the council whenever the state board proposes to amend its rules on any of the following issues:
(i) High quality education standards and efficiency standards established pursuant to section five of this article;
(ii) Indicators of efficiency established pursuant to section five of this article; and
(iii) Assessment and accountability of school and school system performance and processes established pursuant to section five of this article.
(B) The notice to be given pursuant to paragraph (A) of this subdivision shall contain a summary and explanation of the proposed changes, including a draft of the proposal when available, and shall be sent at least fifteen days prior to filing the proposal with the Secretary of State for public comment.
(C) If the Governor, or the Governor's designee, believes it is necessary for the council to meet and consult with the state board, or its designees, on changes proposed to any of the issues outlined in subdivision (1) of this subsection, he or she may convene a meeting of the council.
(D) If both the President of the Senate and the Speaker of the House of Delegates believe it is necessary for the council to meet and consult with the state board, or its designees, they shall notify the Governor who shall convene a meeting of the council.
(E) If the chancellor, or the chancellor's designee believes that it is necessary for the council to meet and consult with the state board, or its designees, he or she may request the Governor to convene a meeting of the council.
(2) To require the state board, or its designees, to meet with the council to consult on issues that lie within the scope of the council's jurisdiction;
(3) To participate as observers in any on-site review of a school or school system conducted by the Office of Education Performance Audits; and
(4) To authorize any employee of the agencies represented by council members to participate as observers in any on-site review of a school or school system conducted by the Office of Education Performance Audits.
(1) For elementary school students, thirty minutes;
(2) For middle school, intermediate school and junior high school students, forty-five minutes; and
(3) For high school students, sixty minutes.
(b) A county board may not create a new bus route for the transportation of students in any of the grade levels prekindergarten through grade five to and from any school included in a school closure, consolidation or new construction project approved after the first day of July, two thousand eight, which exceeds by more than fifteen minutes the recommended duration of the one-way school bus transportation time for elementary students adopted by the state board in accordance with subsection (a) of this section unless:
(1) The county board adopts a separate motion to approve creation of the route and request written permission of the state board to create the route; and
(2) Receives the written permission of the state board to create the route.
(c) A county board may not create, nor may the state board permit, the creation of a new bus route for the transportation of students in any of the grade levels prekindergarten through grade five to and from any school included in a school closure, consolidation or new construction project approved after the first day of July, two thousand eight, which exceeds by more than thirty minutes the recommended duration of the one-way school bus transportation time for elementary students adopted by the state board in accordance with subsection (a) of this section.
(d) The state board shall provide technical assistance to county boards with the objective of achieving school bus transportation routes for students which are within the recommended time durations established by the state board.
It shall be unlawful for any person knowingly and intentionally to falsely report any information required under this article.
Any person who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in the county jail for not more than one year, or fined not more than one thousand dollars, or both.
(1) The knowledge and skills children need to succeed in the twenty-first century are changing dramatically and that West Virginia students must develop proficiency in twenty-first century content, technology tools and learning skills to succeed and prosper in life, in school and on the job;
(2) Students must be equipped to live in a multitasking, multifaceted, technology-driven world;
(3) The provision of twenty-first century technologies and software resources in grades prekindergarten through twelve is necessary to meet the goal that high school graduates will be prepared fully for college, other post-secondary education or gainful employment;
(4) This goal reflects a fundamental belief that the youth of the state exit the system equipped with the skills, competencies and attributes necessary to succeed, to continue learning throughout their lifetimes and to attain self-sufficiency;
(5) To promote twenty-first century learning, teachers must be competent in twenty-first century content and learning skills and must be equipped to fully integrate technology to transform instructional practice and to support twenty-first century skills acquisition;
(6) For students to learn twenty-first century skills, students and teachers must have equitable access to high quality, twenty-first century technology tools and resources;
(7) When aligned with standards and curriculum, technology-based assessments can be a powerful tool for teachers; and
(8) Teachers must understand how to use technology to create classroom assessments for accurate, timely measurements of student proficiency in attainment of academic content and twenty-first century skills.
(b) The state board shall ensure that the resources to be used to provide technology services to students in grades prekindergarten through twelve are included in a West Virginia 21st Century Strategic Technology Learning Plan to be developed by the Department of Education as an integral component of the county and school electronic strategic improvement plans as required in section five of this article. The provision of technologies and services to students and teachers shall be based on a plan developed by each individual school team and aligned with the goals and objectives of the West Virginia 21st Century Strategic Technology Learning Plan. This plan shall be an integral component of the county and school electronic strategic improvement plans as required in section five of this article. Funds shall be allocated equitably to county school systems following peer review of the plans that includes providing necessary technical assistance prior to submission and allows timely review and approval by the West Virginia Department of Education. Technology tools, including hardware, software, network cabling, network electronics and related professional development, shall be purchased pursuant to the provisions of article three, chapter five-a of this code in the amount equal to anticipated revenues being appropriated and based on the approved county and school plans. County allocations that support this legislation shall adhere to state contract prices: Provided, That contingent upon approval of the county technology plan, counties that identify, within that plan, specific software or peripheral equipment not listed on the state contract, but necessary to support implementation of twenty-first century skills, may request the West Virginia Department of Education to secure state purchasing prices for those identified items. Total expenditure to purchase these additional items may not exceed ten percent of the annual county allocation. To the extent practicable, the technology shall be used:
(1) To maximize student access to learning tools and resources at all times including during regular school hours, before and after school or class, in the evenings, on weekends and holidays and for public education, noninstructional days and during vacations; and
(2) For student use for homework, remedial work, independent learning, career planning and adult basic education.
(c) The implementation of this section should provide a technology infrastructure capable of supporting multiple technology-based learning strategies designed to enable students to achieve at higher academic levels. The technology infrastructure should facilitate student development by addressing the following areas:
(1) Mastery of rigorous core academic subjects in grades prekindergarten through eight by providing software, other technology resources or both aligned with state standards in reading, mathematics, writing, science, social studies, twenty-first century learning skills and twenty-first century learning tools;
(2) Mastery of rigorous core academic subjects in grades nine through twelve by providing appropriate twenty-first century technology tools aligned with state standards for learning skills and technology tools;
(3) Attainment of twenty-first century skills outcomes for all students in the use of technology tools and learning skills;
(4) Proficiency in new, emerging twenty-first century content;
(5) Participation in relevant, contextual instruction that uses dynamic, real-world contexts that are engaging and meaningful for students, making learning relevant to life outside of school and bridging the gap between how students live and how they learn in school;
(6) Ability to use digital and emerging technologies to manage information, communicate effectively, think critically, solve problems, work productively as an individual and collaboratively as part of a team and demonstrate personal accountability and other self-directional skills;
(7) Providing students with information on post-secondary educational opportunities, financial aid and the skills and credentials required in various occupations that will help them better prepare for a successful transition following high school;
(8) Providing greater access to advanced and other curricular offerings than could be provided efficiently through traditional on-site delivery formats, including increasing student access to quality distance learning curricula and online distance education tools;
(9) Providing resources for teachers in differentiated instructional strategies, technology integration, sample lesson plans, curriculum resources and online staff development that enhance student achievement; and
(10) Providing resources to support basic skills acquisition and improvement at the above mastery and distinguished levels.
(d) Developed with input from appropriate stakeholder groups, the West Virginia 21st Century Strategic Technology Learning Plan shall be an integral component of the electronic strategic county and school improvement plans as required in section five of this article. The West Virginia 21st Century Strategic Technology Learning Plan shall be comprehensive and shall address, but not necessarily be limited to, the following provisions:
(1) Allocation of adequate resources to provide students with equitable access to twenty-first century technology tools, including instructional offerings and appropriate curriculum, assessment and technology integration resources aligned to both the content and rigor of state content standards as well as to learning skills and technology tools;
(2) Providing students and staff with equitable access to a technology infrastructure that supports the acquisition of twenty-first century skills, including the ability to access information, solve problems, communicate clearly, make informed decisions, acquire new knowledge, construct products, reports and systems and access online assessment systems;
(3) Inclusion of various technologies that enable and enhance the attainment of twenty-first century skills outcomes for all students;
(4) Collaboration with various partners, including parents, community organization, higher education, schools of education in colleges and universities, employers and content providers;
(5) Seeking of applicable federal government funds, philanthropic funds, other partnership funds or any combination of those types of funds to augment state appropriations and encouraging the pursuit of funding through grants, gifts, donations or any other sources for uses related to education technology;
(6) Sufficient bandwidth to support teaching and learning and to provide satisfactorily for instructional management needs;
(7) Protection of the integrity and security of the network, as well as student and administrative workstations;
(8) Flexibility to adjust the plan based on developing technology, federal and state requirements and changing local school and county needs;
(9) Incorporation of findings based upon validation from research-based evaluation findings from previous West Virginia-based evaluation projects;
(10) Continuing study of emerging technologies for application in a twenty-first century learning environment and inclusion in the technology plan, as appropriate;
(11) An evaluation component to determine the effectiveness of the program and make recommendations for ongoing implementation;
(12) A program of embedded, sustained professional development for teachers that is strategically developed to support a twenty-first century education for all students and that aligns with state standards for technology, integrates twenty-first century skills into educational practice and supports the implementation of twenty-first century software, technology and assessment resources in the classroom;
(13) Providing for uniformity in technological hardware and software standards and procedures;
(14) The strategy for ensuring that the capabilities and capacities of the technology infrastructure is adequate for acceptable performance of the technology being implemented in the public schools;
(15) Providing for a comprehensive, statewide uniform, integrated education management and information system for data collection and reporting to the Department of Education as provided in section twenty-six, article two of this chapter and commonly referred to as the West Virginia Education Information System;
(16) Providing for an effective model for the distance delivery, virtual delivery or both types of delivery of instruction in subjects where there exists low student enrollment or a shortage of certified teachers or where the delivery method substantially improves the quality of an instructional program such as the West Virginia Virtual School;
(17) Providing a strategy to implement, support and maintain technology in the public schools;
(18) Providing a strategy to provide ongoing support and assistance to teachers in integrating technology into twenty-first century instruction such as with technology integration specialists;
(19) A method of allowing public education to take advantage of appropriate bulk purchasing abilities and to purchase from competitively bid contracts initiated through the southern regional education board educational technology cooperative and the America TelEdCommunications Alliance;
(20) Compliance with United States Department of Education regulations and Federal Communications Commission requirements for federal E-rate discounts; and
(21) Other provisions as considered appropriate, necessary or both to align with applicable guidelines, policies, rules, regulations and requirements of the West Virginia Legislature, the Board of Education and the Department of Education.
(e) Any state code and budget references to the Basic Skills/Computer Education Program and the SUCCESS Initiative will be understood to refer to the statewide technology initiative referenced in this section, commonly referred to as the 21st Century Tools for 21st Century Schools Technology Initiative.
The Legislature further finds that the full preparation of youth as indicated in these findings cannot be accomplished by the school system alone, but requires the full and active partnership with parents and people from business, labor, higher education, economic development and other organizations and entities in thecommunity that have an interest in providing quality education. Therefore, the intent of this section is to establish a policy framework and strategy for the state board in fulfilling its responsibility for the general supervision of free schools in order to encourage and utilize actively involved partnerships in the formulation of rules and practices to achieve the goal that high school graduates will be prepared fully for college, other post-secondary education or gainful employment, particularly in the delivery of programs that provide work-based learning opportunities for students within the school or at the workplace. The Legislature recognizes that many skilled jobs require education beyond the high school level, that the goals of West Virginia include increased post-secondary attendance and that the goals for post-secondary education as set forth in section one-a, article one, chapter eighteen-b of this code include an increased focus within higher education on relevancy, responsiveness to business, industry, labor and community needs, and on the current and future work force needs of the state. Therefore, it is further the intent of this section to enhance the linkages between secondary and post-secondary education.
(b) Comprehensive goals for jobs through education. -- The Legislature hereby establishes the following goals to be accomplished by the year two thousand one for all students in allschools:
(1) The elimination of student grouping or tracking systems that result in high school students completing a general curriculum that does not prepare them fully for college, other post-secondary education or gainful employment;
(2) The replacement of the general curriculum, as stated in subdivision (1) of this subsection, with a system of career clusters and education majors that increases the academic expectations for all students, includes a system of career information and guidance and incorporates structured work-based learning;
(3) The requirement that every student, in consultation with his or her parents and school advisor, establish an individualized student transition plan covering grades nine through twelve and the first year beyond graduation from high school;
(4) The active involvement of partners at the state, regional and local levels in assuring the full preparation of graduates for college, other post-secondary education or gainful employment;
(5) The creation of a process through which qualified graduates will receive a portable credential that is recognized and valued by employers as an indicator of the skills, competence and readiness for employment of the graduates; and
(6) The implementation of continuous program assessment,program improvement and staff development.
(c) Increased academic expectations and career development for all students. -- The Legislature finds that there is a need to establish higher academic expectations and a system of career development for all students that contains the following elements:
(1) Assessment. -- The implementation of an assessment program that measures student performance by grade level and assesses student attainment of the basic academic foundation skills;
(2) Focus on basic skills in kindergarten through fourth grade. -- The strengthening and refocusing of kindergarten through fourth grade in order to assure that all students perform at grade level at the completion of the fourth grade by concentrating on teaching the basics of reading, writing, mathematics and computer skills;
(3) Development of rigorous curriculum. -- The development and implementation of a rigorous and relevant curriculum of basic academic requirements that lays a foundation for further learning and skill development. The proficiencies of the students shall be assessed at the end of the eighth grade and all students should attain the basic academic requirement levels by no later than the end of the tenth grade;
(4) Career exploration in grades five through eight. -- The exploration by students in the fifth through eighth grades of theirinterests and abilities in career clusters through accessing information about occupational skills and labor markets;
(5) Creation and initial implementation of individual student transition plan for grades nine and ten. -- The creation, by the end of the eighth grade, of the first two years of an individualized student transition plan that builds upon career awareness and exploration activities in the earlier grades and enables the student in consultation with his or her parents and school advisor to select a broad career cluster for further exploration in grades nine and ten;
(6) Choosing career majors for grades eleven through post-secondary. -- The creation of the second part of the individualized student transition plan by the end of the tenth grade. The second part of the individualized student transition plan shall establish a career major for the final years of high school and the first year after high school that will prepare the student for college, other post-secondary education or gainful employment;
(7) Implementation of career majors. -- The fulfillment of the secondary education component of the career major in grades eleven and twelve, including the successful completion of the necessary curriculum and participation in work-based learning experiences; and
(8) Completion of individualized student transition plan and assessment. -- The completion of the individualized student transition plan in the first year following graduation from high school by attending college, other post-secondary education or securing gainful employment. The state board shall provide an assessment form to be completed by the student and returned to the high school upon the completion of the individualized student transition plan. The form shall provide for the student to report his or her success in completing the plan and the strengths and weaknesses of his or her education preparation.
(d) Report of recommendations on comprehensive career development . -- To assist in the establishment of a comprehensive career development system, the state school-to-work steering committee shall report to the state board and the legislative oversight commission on education accountability by the first day of November, one thousand nine hundred ninety-six, the recommendations of the career guidance committee established pursuant to the state school-to-work implementation plan.
(e) Guidelines for increasing the ability of all students to meet higher academic expectations and become self-motivated learners. -- Practices that increase the academic expectations for all students and help them to succeed in achieving those higher expectations include, but are not limited to:
(1) Utilizing instructional methods that require the student to be a worker who is actively engaged in the learning process;
(2) Utilizing methodologies that require students to apply academic knowledge in practical situations and problem solving;
(3) Utilizing computers and other technologies to provide opportunities for creative instruction, both individually and in groups in all subjects;
(4) Providing structured opportunities for students to participate in credit and noncredit learning activities outside the school that are integrated with and are an extension of the school-based program of study for the student through such activities as field trips, job shadowing, community service, entrepreneurship development, mentoring, internships, apprenticeships, school-based enterprises in partnership with the private sector and other cooperative learning experiences connected to student education majors and school-based instructional programs;
(5) Integrating and interrelating academic and technical content throughout the curriculum and ensuring numerous opportunities for cross-disciplinary learning to emphasize the importance of reading, writing, speaking, listening and viewing; and
(6) Encouraging teachers to plan and work together andexercise their professional judgment in the classroom.
(f) Establishing partnerships. -- As soon as practicable following the effective date of this section, the governor shall appoint or designate a "Jobs Through Education Employer Panel", to assure the high quality preparation of our youth for college, other post-secondary education or gainful employment. The jobs through education employer panel shall advise and assist the state board, the higher education governing boards and institutions, other post-secondary education training programs and agencies and employers in assuring that graduates are prepared fully for further education and training or gainful employment and shall perform other functions as set forth in this section. In providing such advice and assistance and in the performance of such other functions, the jobs through employer panel shall solicit input from the county steering committees.
As soon as practicable, following the effective date of this section, county boards shall appoint a county steering committee that includes parents and people from business, labor, higher education, economic development, local school improvement councils, faculty senates and other organizations and entities in the community as valuable partners in developing and implementing a system within the county that meets the intent of this section and adheres to the rules of the state board. The membership of thecounty steering committee and participation in the community and technical college district consortia committee, as created by section three-a, article three, chapter eighteen-b of this code, shall be coordinated to the extent that it is practical.
(g) Guidelines for work-based learning. -- Work-based learning is a structured activity that correlates with and is mutually supportive of school-based learning for the student, and includes specific objectives to be mastered by the student as a result of the activity. It is central to the education preparation process to develop within the student an awareness of the work environment and how the skills the student is acquiring will be applied in that environment. Broadly defined, work-based learning opportunities are activities that assist students to gain an awareness of the workplace, develop an appreciation of the relevancy of academic subject matter to workplace performance and gain valuable work experience and skills while exploring their occupational interests and abilities. Incorporating work-based learning as a central part of the education process and also as a final step in the formal education process includes, but is not limited to:
(1) Providing students in the early grades with activities such as field trips, career-oriented speakers in the classroom, courses such as junior achievement which are taught by volunteers in the classroom, job shadowing and other such activities toincrease student awareness of the workplace; and
(2) Providing students in the later grades, including college and other post-secondary education, with activities such as structured community service, apprenticeships, internships, clinical experiences, cooperative education and other work-site placements, school-based enterprises, workplace simulations and entrepreneurial development, that provide students with more specific work experience in an occupational area associated with their education major.
To the extent possible, student work-based learning, and particularly workplace learning, should be jointly assessed by a school-based educator or advisor and a work-based mentor who possesses the skills set forth in the work-based learning objectives of the student, and who has been trained in mentoring and assessing student performance.
(h) Special consideration for providing work-based learning in counties with few opportunities for employment. -- Providing work-based learning opportunities for all students in counties with few employers will be particularly difficult. While the following additional examples of ways to increase opportunities for work-based learning are applicable for all counties, they are most important in counties with few employers. Additional examples include, but are not limited to:
(1) Computer software that simulates workplace situations and problem solving;
(2) Interactive and other technology to bring an exposure to the workplace into the classroom;
(3) Community service;
(4) Partnerships with city, state and county government for work-based placements;
(5) Volunteer programs, such as junior achievement and other programs that utilize volunteers trained to deliver work-related instruction;
(6) Assumption of recordkeeping and other measures by the schools, or through the use of community-based organizations or other intermediaries, that make it easier for small businesses to participate in accepting students for workplace learning;
(7) Rural entrepreneurship through action learning programs;
(8) School-based enterprises;
(9) Projects through 4-H, scouts, junior ROTC and other school and nonschool student and civic organizations;
(10) Multiple partnerships with existing employers, such as hospitals that have multiple departments;
(11)Agricultural education, FFA projects and supervised work experience programs; and
(12)Programs at vocational-technical education centers.
The state board shall make recommendations to the Legislature by the first day of November, one thousand nine hundred ninety-six, on any further actions that may be appropriate to assist counties with few employers in providing work-based learning opportunities for all students.
(i) Electronic portfolio of student accomplishments and preparation. -- For the purpose of better documenting the preparation of high school graduates for college, other post-secondary education or gainful employment, the state board shall develop an electronic portfolio which will be a permanent record for every student. The electronic portfolio shall be issued by the appropriate county board and shall include the accomplishments of the student during his or her education preparation. Upon request, students shall receive the contents of the electronic portfolio in written or computer readable form. The electronic portfolio shall be subject to the same confidentiality and disclosure laws and rules as any other student records. The electronic portfolio shall include, but not be limited to:
(1) Documentation of attendance, grades, accomplishments, education plans, education major interests, curriculum, special activities, honors and advanced education and other items appropriate for inclusion in the portfolio as determined by state board rule to present the accomplishments and achievements of thestudent;
(2) A separate area for the student to enter presentations, examples and other information on his or her special areas of interest and advanced achievement;
(3) Certification of student attainment of the minimum level of proficiency in the basic skills that lays the foundation for further learning and skill development for success in college, other post-secondary education or gainful employment; and
(4) Certification of the skills, competence and readiness for college, other post-secondary education or employment, as indicated by: (i) College entrance tests; (ii) specialized assessments that measure the attainment of necessary skills and competencies required in the workplace; (iii) the attainment of industry recognized credentials, licensure or certification; (iv) the completion of nationally accredited technical education programs; (v) performance in specialized learning experiences such as paid and unpaid structured work-based learning in the private or public sectors, including, but not limited to, registered youth apprenticeships, internships, cooperative education, community service, entrepreneurship development and school-based enterprises in partnership with the private sector; and (vi) other indicators relevant to the student's skills, competence and readiness for college, other post-secondary education or gainful employment.
(j) Guidelines for certification on the electronic portfolio of student skills, competencies and readiness for employment. -- The certification of student skills, competencies and readiness for a particular industry or occupation to be included on the electronic portfolio, including certification offered by an institution of higher education or other job training programs, shall require the approval of an appropriate entity designated by the jobs through education employer panel. Local education agencies, institutions of higher education and other job training programs desiring to issue such certification to meet local labor market or community needs and circumstances may apply to the panel for such approval. To the extent possible, such certification shall provide the student with a proficiency credential that is widely recognized and accepted within an industry or occupational area as a reliable indicator of the ability of the student. The jobs through education employer panel shall consult other established skill standards for use in certifying proficiency in skills, competencies and readiness within specific industries and occupations. The intent of these provisions is to provide a formal mechanism for the ongoing alignment of the certification of student skills, competencies and readiness with current minimum requirements for success in the industry or occupational area for which the student is preparing, including requirements which willbe met through additional education in college or other post-secondary education.
(k) Staff development. -- Meeting the intent and objectives of this section will require a continued focus on staff development to increase the ability of teachers and administrators to employ various methodologies for strengthening the rigor, content and relevance of the learning process and help all students achieve at higher levels. Teachers and administrators must know about workplace requirements to help students internalize the relationship between learning in school and success in the careers they envision for themselves in adult life. The use of student assessment and program evaluation information continually to check and improve the curriculum, instruction, school climate and school organization and management, is critical to maintaining high quality instruction that is relevant to changing workplace requirements. Staff development opportunities shall include, but not be limited to:
(1) Designation by the state board of exemplary counties and schools that have implemented comprehensive school-to-work systems as model demonstration sites to be visited and observed;
(2) Collaboration and utilization of the resources of the state department of education, institutions of higher education, the center for professional development and county staffdevelopment councils for both in-service and preservice preparation programs;
(3) Teacher and business exchange programs that enable teachers to gain exposure and experience in the workplace and business persons to gain exposure and experience in the schools; (4) Structured programs or institutes that take educators into the workplace to observe the work environment and skills necessary to perform work tasks; and
(5) Staff development activities which include joint participation by public school, college and other post-secondary faculty where appropriate.
(l) Study committee for staff development credits. -- There is hereby created a study committee to make recommendations on the feasibility of, and the possible process for, crediting staff development activities toward fulfilling the requirement for renewal of certificates, pursuant to section three, article three, chapter eighteen-a of this code, and the progression through the state minimum salary schedule, pursuant to section two, article four of said chapter. The committee shall consist of the chancellor of the university of West Virginia board of trustees, or a designee; the state superintendent, or a designee, who shall serve as chair of the committee; a member of the state board, to be selected by the state board; a representative of West Virginiauniversity to be selected by the president of the university; a representative of Marshall university, to be selected by the president of the university; a representative of the West Virginia graduate college, to be selected by the president of the college; four classroom teachers to be appointed by the governor within thirty days of the effective date of this section; and the director of the center for professional development or a designee. Such committee shall report its recommendations to the legislative oversight commission on education accountability by the first day of January, one thousand nine hundred ninety-seven.
(m) State board rule. -- On or before the first day of November, one thousand nine hundred ninety-six, the state board, with advice from the jobs through education employer panel, and in consultation with the higher education governing boards, shall adopt a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the implementation of this section. The rule shall allow flexibility for local variation to meet local circumstances and shall establish a five-year plan for phased implementation. The proposed rule developed pursuant to this section shall contain a financial impact statement as well as a job impact statement.
(n)Any study groups or committees created by the state board to assist in development of policies or rules for theimplementation of this section shall contain significant representation by classroom teachers as defined by section one, article one, chapter eighteen-a of this code. Further, the state board shall include in its annual budget request sufficient funds to implement programs, policies or rules adapted to meet the goals set out in this section: Provided, That nothing in this section shall be construed to require any specific level of funding by the Legislature.
(b) The state board shall:
(1) Direct the office of education performance audits to include in its review of county boards and schools a determination of whether the county boards and schools have the capacity to meet the requirements within the policies of the state board for school systems to provide additional new courses and determine the capacity of school systems to deliver these new courses, if any. If it is determined that a county does not have the capacity to meet these requirements, the state board shall direct the department to develop and implement a plan to assist the counties in meeting the requirements.
(2) Review the organization of the state department of education to ensure that it is able to provide the best communication, technical assistance and support for schools and school systems in a number of areas, including, but not limited to:
(i) The advantages and disadvantages of various methods of scheduling and how they can be modified to best meet the needs of students;
(ii) Establishing policies which allow advanced students to test out of required courses for which they already possess the required academic skills; and
(iii) Subject to the provision of section eight-d of this article, establishing policies which allow students, whether they are preparing for college, other post-secondary education or work, to take a higher level course, advanced placement course, college course or other more rigorous substitute in place of a required major course as set forth in the applicable program of study.
(3) Prepare and report annually to the legislative oversight committee on educational accountability by the first day of December a plan for the repair, maintenance and upgrade of technology in the public schools.
(c) It is further the intent of the Legislature to regularly consult with the state board, examine the progress it is making with respect to these issues, and consider alternative measures to ensure that all students continue receiving the thorough and efficient education to which they are entitled.
(b) Students completing two successful semesters in vocational agriculture classes, as defined by state board policy on the first day October, one thousand nine hundred ninety-nine, shall receive no more than one of the three required units towards high school graduation for science.
(b) The intent of the Legislature is to provide in an economical manner for a thorough and efficient education that:
(1) Provides information to parents and students which clearly identifies the courses a student should take to prepare fully for continuing their education in college, other post-secondary education or employment so they can intelligently choose among the many options available to them;
(2) Encourages the involvement of parents in their child's education by providing parents and students with information and opportunities to help students explore their interests and plan a program of study while they are still in high school and have greater options and flexibility;
(3) Ensures that the quality, content, and alignment of the curriculum is sufficient to prepare students fully for the transition to college, other post-secondary education or employment in areas in which they have an interest following graduation from high school; and
(4) Improves student learning by increasing the rigor of the curriculum, making it more relevant to students, and reinforcing academic instruction through applications to real life problem solving so that whatever options a student pursues following graduation from high school, the student has acquired a foundation of knowledge, skills and abilities that prepares him or her fully for success.
(c) Notwithstanding the courses specified as required major courses within a high school program of study, a student in consultation with his or her parents and school advisor, and with the written consent of his or her parents, may take a higher level course, advanced placement course, college course or other more rigorous substitute. The parental consent form shall include a certification signed by the school advisor that the parents were advised of the impact of the substitute course on the student's preparation for college, other post-secondary education or employment in the student's major field of study and that the student's certificate of proficiency will not indicate that the student completed a program of study major unless such substitute courses are related to the major field of study selected by the student.
(d) Notwithstanding the courses specified as recommended electives within a high school program of study, a student in consultation with his or her parents and school advisor, and with the written consent of his or her parents, may substitute other elective courses in place of those recommended to prepare the student fully for continuing his or her education in college, other post-secondary education or employment. The parental consent form shall include a certification signed by the school advisor that the parents were advised of the impact of the substitute course on the student's preparation for college, other post-secondary education or employment in the student's major field of study and that the student's certificate of proficiency will not indicate that the student completed a program of study major unless such substitute courses are related to the major field of study selected by the student.
(e) On or before the first day of July, one thousand nine hundred ninety-nine, the state board shall establish a uniform parental consent form to be maintained in the students permanent record for the purposes of subsections (c) and (d) of this section which shall contain:
(1) A statement to be signed and dated by the parents to consent to their child's substitution of another course for a required major course as provided in subsection (c) of this section and the course titles of the required major course and the substitute course;
(2) A statement to be signed and dated by the parents to consent to their child's substitution of another course for a recommended elective course as provided in subsection (d) of this section and the course titles of the recommended elective course and the substitute course; and
(3) A statement to be signed and dated by the school advisor certifying that the school advisor advised the parents of the impact of the substitute course on the student's preparation for college, other post-secondary education or employment in the student's major field of study and the student's certificate of proficiency.
(f) Nothing in this section shall prohibit a county board from establishing high school graduation requirements which exceed the minimum high school graduation requirements established by the state board.
(1) Serving in the armed services in defense of the life, liberty and pursuit of happiness enjoyed in our democratic society involves a tremendous sacrifice on the behalf of those who serve, often at the cost of their own lives;
(2) It is a fitting tribute to those who have served in the armed forces and the families who have shared in their sacrifice to honor that service and that sacrifice in the most respectful manner;
(3) It is often difficult for the families of deceased veterans who wish to lay their loved ones finally to rest in a military honors funeral to find a bugler to sound their final Taps; and
(4) Organizations within the state and nationally, such as the Veterans of Foreign Wars, the American Legion, Bugles Across America and many others, have recognized the difficulty of finding buglers to sound Taps at military honors funerals and may be able to assist.
(b) Purpose. -- The purpose of this section is to facilitate collaboration that will encourage capable young people to assist with the sounding of Taps at military funerals honoring our veterans and, thereby, help them to develop a better understanding of the sacrifices, a respect for the commitment and an appreciation of the privileges that the men and women of the armed services have protected through their service.
(c) State board guidelines. -- The state board shall, in collaboration with organizations and supporters of veterans, establish general guidelines for the establishment of school level programs that encourage capable students in grades six through twelve, inclusive, to sound Taps on a standard or valved bugle, trumpet, cornet or flugelhorn during military honors funerals held in this state. The general guidelines shall address the issues to be set forth in the county board policies required under this section and shall include contact information for technical assistance from the department of education and organizations and supporters of veterans assisting in these programs. The state board shall distribute the guidelines to every county board. The state board shall also distribute an appropriate program summary and contact information to the colleges and universities in the state so that they may establish similar programs for their students.
(d) County board policies. -- Each county board shall establish a policy for the implementation of a veteran's honors funeral assistant community service program that addresses at least the following:
(1) The distribution of information to music and band teachers for their use in notifying capable students and obtaining the consent of their parents or guardians for voluntary registry as a candidate able to sound Taps during military honors funerals held within a reasonable distance from their residence;
(2) The credit toward community service or work based learning requirements of the county or other recognition that will be awarded to a student for the registry and sounding of Taps during military honors funerals; and
(3) The limits on the amount of regular classroom instruction that a student may miss for the sounding of Taps during military honors funerals to fulfill a community service or work based learning requirement or, if none, on the excused absences that the student may accrue for this activity.
County boards are not responsible for any costs associated with the program, may not be required to provide or pay for student transportation to funerals and are not liable for student supervision while absent to participate in funerals. However, county boards are encouraged to collaborate with organizations of veterans and supporters of veterans to assist with the veteran's honors funeral assistant community service program.
(1) The program is not a part of the required curriculum;
(2) Presentation of the program in any classroom is the option of the classroom teacher; and
(3) A process is established for soliciting speakers from veterans groups and identifying available speakers.
(1) West Virginia schools have improved and expanded internet access which enables schools to offer courses through the internet and other new and developing technologies;
(2) Current technology is available to provide students with more resources for learning and new and developing technologies offer even more promise for expanded learning opportunities;
(3) A number of states and other jurisdictions have developed internet-based instruction which is available currently and which is being used by schools in this state;
(4) To educate better the students of West Virginia, more course and class offerings can be made available through technology, especially to students who are geographically disadvantaged;
(5) Virtual learning enables students to learn from remote sites, learn at times other than the normal school day and learn at a different pace and gives students access to courses that would not be available in their area;
(6) There is a need to assure that internet-based courses and courses offered through new and developing technologies are of high quality; and
(7) The state and county school systems can benefit from the purchasing power the state can offer.
(b) The Legislature hereby creates the West Virginia virtual school. The West Virginia virtual school shall be located within the office of technology and information systems within the West Virginia department of education.
(c) The state superintendent of schools shall appoint the director of the West Virginia virtual school with the approval of the state board.
(d) The director of the West Virginia virtual school has the following powers and duties:
(1) To contract with providers for courses and other services;
(2) To review courses and courseware and make determinations and recommendations relative to the cost and quality of the courses and the alignment with the instructional goals and objectives of the state board;
(3) To develop policy recommendations for consideration by the state board, which may include, but not be limited to, the following:
(A) Hardware and software considerations for the offering of courses on the internet or other developing technologies;
(B) Standards of teachers and other school employees who are engaged in the activities surrounding the offering of courses on the internet or other developing technologies;
(C) Sharing of resources with other agencies of government, both within and outside West Virginia, to facilitate the offering of courses on the internet or other developing technologies;
(D) Methods for including courses offered on the internet or through other developing technologies in alternative education programs;
(E) Methods for making courses offered on the internet or through other developing technologies available for students receiving home instruction;
(F) Methods for brokering the courses offered on the internet or through other developing technologies;
(G) Methods for applying for grants;
(H) Methods for employing persons who are the most familiar with the instructional goals and objectives to develop the courses to be offered on the internet and through other developing technologies; and
(I) Proper funding models that address all areas of funding including, but not limited to, which county, if any, may include a student receiving courses on the internet or through other developing technologies in enrollment and who, if anyone, is required to pay for the courses offered on the internet or through other developing technologies; and
(4) Any other powers and duties necessary to address the findings of the Legislature in subsection (a) of this section.
(e) Subject to the process outlined in this section, the West Virginia virtual school's approved virtual and distance learning courses are exempt from the mandatory use of primary source instructional materials listed on the state multiple list.
(f) The West Virginia department of education shall report the progress of the West Virginia virtual school to the legislative oversight commission on education accountability on or before the first day of September, two thousand.
(1) In the early childhood through intermediate grade levels, ensuring that each student masters the content and skills needed for mastery at the next grade level is critically important for student success;
(2) Students who do not demonstrate grade-level mastery in reading, language arts and mathematics become increasingly less likely to succeed at each successive grade level;
(3) State board policy requires every school to establish a student assistance team that reviews student academic needs that have persisted despite being addressed by instruction and intervention and requires every school to implement, in an equitable manner, programs during and after the instructional day at the appropriate instructional levels that contribute to the success of students; and
(4) Grades three and eight are critical transition points for additional intervention strategies that reinforce the preparation of students who are not prepared fully for success at the next grade level.
(b) The state board shall, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, promulgate legislative rules as necessary to effectuate the provisions of this section. The rules shall provide for at least the following:
(1) Encouraging and assisting county boards in establishing and operating critical skills instructional support programs during and after the instructional day and during the summer for students in grades three and eight who, in the judgment of the student assistance team or the student's classroom teacher, are not mastering the content and skills in reading, language arts and mathematics adequately for success at the next grade level and who are recommended by the student assistance team or the student's classroom teacher for additional academic help through the programs;
(2) Maximizing parental involvement in supporting the critical skills development of their children in reading, language arts and mathematics through critical skills instructional support programs;
(3) Ensuring the employment of qualified teachers and service personnel in accordance with the provisions of section thirty-nine, article five of this chapter and section seven-c, article four, chapter eighteen-a of this code to provide instruction to students enrolled in critical skills instructional support programs;
(4) Creating a formula or grant-based program for the distribution of funds appropriated specifically for the purposes of this section or otherwise available for the support of in-school, after-school and summer critical skills instructional support programs;
(5) Providing transportation and healthy foods for students required to attend after-school and summer critical skills instructional support programs and supervision at the school that accommodates the typical work schedules of parents; and
(6) Receiving from county boards any applications and annual reports required by rule of the state board.
(c) A student in grades three or eight who is recommended by the student assistance team or the student's classroom teacher for additional academic help in one or more of the subjects of reading, language arts and mathematics through a critical skills instructional support program may be required to attend a summer critical skills instructional support program as a condition for promotion if:
(1) The student has been provided additional academic help through an in-school or after-school critical skills instructional support program and, prior to the end of the school year, the student assistance team or the student's classroom teacher recommends that further additional academic help is needed for the student to be successful at the next grade level; and
(2) The county board has established a critical skills instructional support program during the summer months for the student's grade level.
(d) County boards shall provide suitable educational facilities, equipment and services to support critical skills instructional support programs established pursuant to this section. Summer programs may be provided at a central location for third and eighth graders who qualify for the program.
(e) This section may not be construed to prohibit a classroom teacher from recommending the grade level retention of a student based upon the student's lack of mastery of the subject matter and preparation for the subject matter at the next grade level.
(f) This section may not be construed to affect the individualized education plans of exceptional students.
(g) This section may not be construed to limit the authority of the county board to establish a summer school program in accordance with section thirty-nine, article five of this chapter. County boards may not charge tuition for enrollment in critical skills instructional support programs established pursuant to this section.
(h) Each county board shall prepare to implement the provisions of this section and the provisions of the state board rule required by subsection (b) of this section. The preparations shall at least include planning, ensuring the student assistance teams are established as currently required by state board policy and performing a needs assessment.
(i) The state board shall provide a report describing the proposed implementation of the critical skills instructional support program to be instituted for the summer of 2010 to the Legislative Oversight Commission on Education Accountability on or before May 1, 2010.
(j) The state board shall provide a comprehensive report regarding the status of the critical skills instructional support program to the Legislative Oversight Commission on Education Accountability, the Joint Committee on Government and Finance, and the Governor on November 1, 2010, and annually on November 1 on each year thereafter. The report shall address, at a minimum, the progress of the program throughout the state, its effect on student achievement and the sources of the funding both available to and used by the program.
(k) The provisions of this section shall be subject to the availability of funds from legislative appropriation or other sources specifically designated for the purposes of this section. If a county board determines that adequate funds are not available for full implementation of a critical skills instructional support program in the county, the county board may implement its program in phases by first establishing a critical skills instructional support program in the third grade and then establishing a critical skills instructional support program for the eighth grade once the county board determines that adequate funds are available.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
The Legislature acknowledges that society is presently generating more and more information at ever faster rates. Further, the Legislature acknowledges that it is more difficult for educational facilities and students to digest this growing pool of educational information. Finally, the Legislature acknowledges the need for an incentive grant program which will encourage growth and development of school library media programs which will assist in implementing innovative educational technology.
The state board shall administer the school library media improvement grant program pursuant to the following criteria:
(a) Library media improvement grants shall be utilized to initiate a centralized library media program or to improve an existing program. Funds awarded in such grant may be used for the purchase of books, audiovisual materials, audiovisual equipment, computer software or other innovative uses of technology in the library media center. Funds may not be used for construction, remodeling, furniture, salaries or supplies or to replace funds previously allocated or expended by the county board of education receiving the grant.
(b) Funds in the amount of not less than fifty thousand dollars shall be appropriated to be awarded as grants and shall be equitably allocated between elementary and secondary schools with at least fifty percent of the funds being allocated to small schools with a disproportionate number of students from low income families.
(c) Grants shall be for one year.
Each school district applying for a grant shall submit a proposal detailing plans for the creation of a school library media program or for the improvement of a program already in use. Each district receiving a grant shall furnish information to the state board documenting the application of funds allocated and the benefits to the children served as a result of the grant.
The Legislature hereby finds and declares that, while an educated and informed citizenry is essential to a democratic society, so also is the right, opportunity and guarantee that the citizenry have the right to notice and participation in any state-mandated educational reform which changes, or is intended to change, statewide data systems, statewide curriculum, or any state-mandated education reform which constitutes a significant change in the philosophy or goals of education in the public schools of West Virginia as that is defined by state board rule.
In order to ensure the right and opportunity of the citizenry to notice and participation in any proposed state-mandated educational reform, a procedure for notice to the citizenry and public hearings shall be developed.
Prior to the adoption or implementation of any state-mandated education reform which constitutes a significant change in the philosophy or goals of education in the public schools of West Virginia, the state board of education shall give notice and hold public hearings on the proposed education reform.
At least sixty days prior to the date set for hearings, the state board shall provide notification of the proposed education reform in the manner specified in section three of this article: Provided, That the provisions of this section do not apply to emergency rules promulgated by the state board of education pursuant to section ten, article three-b, chapter twenty-nine-a of this code.
From the date of the public notice through the date of the last scheduled public hearing, the state board shall receive written comments to the intended state-mandated education reform constituting a significant change in the philosophy or goals of education in the public schools of West Virginia. After the minimum period of sixty days following the public notice of hearings, the state board, or the state department of education if so delegated by the state board, shall hold not less than four public hearings at various locations in the state, during which hearings the general public and affected citizenry shall have the opportunity to have questions and objections to the proposed education reform answered and to have their views made part of the public record.
If, after receipt of written comments and the public hearings, the state board makes any change in the proposed education reform, it shall make a public announcement of that change not less than thirty days prior to its vote on the reform. The affected citizenry may submit written comments on any such changes.
(a) Prior to the implementation of any state-mandated educational reform which constitutes a significant change in the philosophy or goals in the public schools of this state and the hearings required thereon, the state board shall provide notice by submitting a copy of the proposed reform and a press release to public and private television and radio stations, disseminating press releases to newspapers of general circulation, and notifying the parents of students in all schools which might be affected by sending notices home with the students, or by distribution to the parents in any other reasonable manner. The notice and plans shall be in such form and contain such information as the state board may require to fully inform the citizenry of the nature and scope of the educational reform, including the proposed educational reform and the date, time and place of the public hearings.
(b) The state board shall provide timely written notice to any person who has asked the state board to place the person's name on a mailing list maintained by the state board.
(c) The state board shall maintain a verbatim record of all hearings.
(d) The state board may not impose fees or other charges for such a public hearing.
The extent of additional information received by the state board from the general public and the affected citizenry, with respect to the impact of the proposed educational reform, may be cause for the state board to change, alter, amend, implement or rescind the proposed educational reform.
(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.
(a) Reporting to the state board on the professional staff development needs identified by the public schools within the respective regions;
(b) Recommending effective professional staff development programs to meet identified needs;
(c) Providing local input on the proposed goals and on the professional staff development plan proposed by the center for professional development pursuant to subsection (c) of this section;
(d) Communicating professional staff development information and findings to the regional and county staff development councils; and
(e) Advancing the coordination and quality of professional staff development programs in the public schools of West Virginia.
(1) The chairperson of each of the county professional staff development councils located in each county contained in the applicable region;
(2) The county staff development coordinator from each of the counties located within the region: Provided, That if the county does not have a staff development coordinator, then the superintendent shall designate a person to serve on the regional staff development council;
(3) The regional educational service agencies staff development coordinator who shall serve as an ex officio member;
(4) The executive director of the regional educational service agencies who shall serve as an ex officio member;
(5) The designee of the chancellor of the university system of West Virginia who shall serve as an ex officio member; and
(6) The designee of the chancellor of the state college system of West Virginia who shall serve as an ex officio member.
(b) Any member of the regional staff development council may be reimbursed by his or her employing agency for the cost of reasonable and necessary expenses actually incurred in the performance of their duties under this article as determined by the employing agency.
(a) Identify and prioritize regional staff development needs;
(b) Identify effective staff development programs;
(c) Where requested by the regional educational service agency, establish the budget for multicounty staff development programs and oversee effective use of the budget;
(d) Where requested by the regional educational service agency, coordinate staff development at the regional level;
(e) Facilitate communications among and between personnel responsible for staff development at the state, local and regional levels;
(f) Convene regular meetings on a quarterly basis to effectuate the requirements in subsections (a), (b), (c), (d) and (e) of this section;
(g) Elect a chairman who shall serve two years; and
(h) Report information and findings related to staff development to the West Virginia staff development advisory council.
(1) As an instructional tool that enables teachers to meet the individual instructional needs of students who differ in learning styles, learning rates and the motivation to learn;
(2) As an effective resource for providing corrective, remedial and enrichment activities to help students achieve proficiency at grade level or above in the basic skills of reading, composition and arithmetic that are essential for advancement to more rigorous curriculum and success in higher education, occupational and avocational pursuits;
(3) To ensure that all students have a basic level of computer literacy that will enable them to participate fully in a society in which computers are an ever more prevalent medium for social, economic and informational interaction;
(4) To provide greater access for students to advanced curricular offerings, virtual field trips, problem solving, team-building exercises, reference information and source knowledge than could be provided efficiently through traditional on-site delivery formats;
(5) To help students obtain information on post-secondary educational opportunities, financial aid and the skills and credentials required in various occupations that will help them better prepare for a successful transition following high school;
(6) To help students learn to think critically, apply academic knowledge in real-life situations, make decisions and gain an understanding of the modern workplace environment through simulated workplace programs;
(7) As a resource for teachers by providing them with access to sample lesson plans, curriculum resources, on-line staff development, continuing education and college course-work; and
(8) As a tool for managing information, reporting on measures of accountability, analyzing student learning and helping to improve student, school and school system performance;
(b) The Legislature finds that technology may be used in the system of higher education for many purposes including, but not limited to, the following:
(1) For teaching, learning and research for all students across all disciplines and programs;
(2) By students, staff and faculty to discover, create, communicate and collaborate, as well as to enhance research and economic development activities;
(3) For digital age literacy, problemsolving, creativity, effective communication, collaboration and high productivity skills essential for West Virginia citizens in a rapidly changing global economy;
(4) By libraries in higher education to offer reference services in a virtual environment online;
(5) By libraries in higher education to create and share cataloging records and that it is possible to create a seamless resource for sharing these resources between public and higher education; and
(6) To offer electronic document delivery services to distance education students and to a multitude of professionals throughout the state.
(c) The Legislature further finds that all of the uses of technology in the public school and higher education systems are not necessarily exclusive and, therefore, that areas exist wherein cooperation and collaboration between the public schools, the institutions of higher education and their respective governing bodies will enable them to combine and share resources, improve efficiency and better serve their students.
(d) The intent and purpose of this article is to establish a unified approach to the planning, procurement and implementation of technology and technology services in the public schools, the institutions of higher education and their respective governing bodies that will guide the administration and allocation of educational technology funds.
(1) The Governor's educational technology advisor, ex officio, who shall chair the council;
(2) The Governor's Chief Technology Officer, ex officio;
(3) One public school technology coordinator;
(4) One public elementary, middle or junior high school teacher;
(5) One public secondary school teacher;
(6) A technology representative from Marshall University;
(7) A technology representative from West Virginia University;
(8) One member of the Center for Professional Development Board;
(9) Three individuals from the private sector with expertise in education technology;
(10) One public secondary or higher education student;
(11) One representative of the Office of Business Development;
(12) One member of the Higher Education Policy Commission, or his or her designee; and
(13) One member of the State Board, or his or her designee.
(b) The Advisory Council shall meet as necessary, but shall hold no less than four meetings annually. Eight members constitute a quorum for conducting the business of the advisory council. All members of the Advisory Council are entitled to vote.
(c) The thirteen members of the Council who are not members ex officio shall be appointed by the Governor with the advice and consent of the Senate for terms of three years, except that of the original appointments, four members shall be appointed for one year; four members shall be appointed for two years; and five members shall be appointed for three years. No member may serve more than two consecutive full terms, nor may a member be appointed to a term which results in the member serving more than seven consecutive years.
(d) Members of the Advisory Council shall serve without compensation, but shall be reimbursed by the Governor for all reasonable and necessary expenses actually incurred in the performance of their official duties under this article upon presentation of an itemized sworn statement of their expenses, except that any member of the Advisory Council who is an employee of the state shall be reimbursed by the employing agency.
(1) Assess the broad spectrum of technology needs present within the state's education systems as the basis for constructing a unified educational technology strategic plan that will guide the administration and allocation of educational technology funds;
(2) Assemble and integrate into the planning process the perspectives of students, teachers, faculty and administrators regarding educational technology programs;
(3) Assess, evaluate and publicize the effects of technology use by educators and students toward student learning and achievement;
(4) Explore new approaches to improve administration, accountability and student achievement within the education systems through technology application;
(5) Develop a unified educational technology strategic plan as required in section five of this article;
(6) Monitor the technology programs of the agencies and education systems affected by the educational technology strategic plan to assess its implementation and effectiveness; and
(7) Advise the Governor and the Legislature on any matters the Council considers important to inform the Governor and the Legislature on the state of education technology in the public schools and the institutions of higher education and on any matters requested by the Governor and the Legislature.
(1) Maintaining a reasonable balance in the resources allocated among the customary diverse uses of technology in the public school and higher education systems, while allowing flexibility to address unanticipated priority needs and unusual local circumstances and ensuring efficient and equitable use of technology at all levels from primary school through higher education, including vocational and adult education;
(2) Providing for uniformity in technological hardware and software standards and procedures to achieve interoperability between the public school and higher education systems to the extent that the uniformity is considered prudent for reducing acquisition cost, avoiding duplication, promoting expeditious repair and maintenance and facilitating user training, while allowing flexibility for local innovations and options when the objectives relating to uniformity are reasonably met;
(3) Preserving the integrity of governance, administration, standards and accountability for technology within the public school and higher education systems, respectively, while encouraging collaborative service delivery and infrastructure investments with other entities that will reduce cost, avoid duplication or improve services, particularly with respect to other entities such as the educational broadcasting system, public libraries and other governmental agencies with compatible technology interests;
(4) Improving the long-term ability of the state to efficiently manage and direct the resources available for technology in the public school and higher education systems to establish appropriate infrastructure that ensures, to the extent practicable, a sustainable, cost-effective and transparent migration to new technology platforms;
(5) Fostering closer communication between faculty, students and administrators and promoting the collaboration of schools, libraries, researchers, community members, state agencies, organizations, business and industry, post-secondary institutions and public virtual learning environments to meet the needs of all learners; and
(6) Creating and maintaining compatible and secure technology systems that enhance the efficient operation of the education systems.
(b) The following are strategies that the Governor's Advisory Council for Educational Technology must address in the educational technology strategic plan. Unless specifically identified otherwise, each strategy shall apply to public education, higher education or both, as appropriate:
(1) The strategy for using technology in the public school and higher education systems consistent with the findings, intent and purpose of this article and other uses considered necessary to improve student performance and progress. In addition, these uses may include:
(A) Providing for individualized instruction and accommodating a variety of learning styles of students through computer-based technology, video and other technology-based instruction;
(B) Advancing learning through alternative approaches in curriculum to integrate education, research and technology into lifelong learning strategies;
(C) Increasing student access to high quality blended distance learning curriculum using real time interactive and online distance education tools;
(D) Recognizing that information literacy is a fundamental competency for lifelong learning and information literacy is incorporated into the curricula of higher education and the workplace; and
(E) Improving teaching and learning and the ability to increase student achievement by meeting individual student needs;
(2) The strategy for allocating the resources available and developing the capacity necessary to achieve the purposes addressed in the plan. The strategy shall:
(A) Allow for reasonable flexibility for county boards and regional education service agencies to receive assistance with the development and implementation of technological solutions designed to improve performance, enrich the curriculum and increase student access to high-level courses;
(B) Allow for reasonable flexibility for county boards, regional education service agencies and institutional boards of governors to implement technological solutions that address local priorities consistent with achieving the major objectives set forth in the education technology strategic plan; and
(C) Use the most cost-effective alternative allowable pursuant to section six of this article for expending funds for technology acquisition and implementation consistent with the goals of the plan;
(D) Encourage development by the private sector of technologies and applications appropriate for education; and
(E) Encourage the pursuit of funding through grants, gifts, donations or any other source for uses related to education technology;
(3) For public education, the strategy for using technology to increase and maintain equity in the array and quality of educational offerings, expand the curriculum, deliver high-quality professional development and strengthen professional qualifications among the counties notwithstanding circumstances of geography, population density and proximity to traditional teacher preparation;
(4) For public education, the strategy for developing and using the capacity of the public school system to implement, support and maintain technology in the public schools through the allocation of funds either directly or through contractual agreements with county boards and regional education service agencies for labor, materials and other costs associated with the installation, set-up, internet hook-up, wiring, repair and maintenance of technology in the public schools and state institutions of higher education;
(5) The strategy for ensuring that the capabilities and capacities of the technology infrastructure within the state and its various regions is adequate for acceptable performance of the technology being implemented in the public schools and the state institutions of higher education, for developing the necessary capabilities and capacities or for pursuing alternative solutions;
(6) The strategy for maximizing student access to learning tools and resources at all times including before and after school or class, in the evenings, on weekends and holidays, and for public education, noninstructional days and during vacations for student use for homework, remedial work, independent learning, career planning and adult basic education;
(7) The strategy for improving the efficiency and productivity of administrators;
(8) The strategy for taking advantage of bulk purchasing abilities to the maximum extent feasible. This may include, but is not limited to:
(A) A method of recording all technology purchases across both the public education system and the higher education system;
(B) Combining the purchasing power of the public education system and the higher education system with the purchasing power of other state entities or all state entities; and
(C) A method of allowing public education and higher education to purchase from competitively bid contracts initiated through the southern regional education board educational technology cooperative and the American TelEdCommunications Alliance; and
(9) A strategy for allowing any other flexibility that is determined to be needed for the effective use of technology in public education and higher education.
(c) Nothing in this section may be construed to conflict with a state higher education institution's mission as set forth in its compact.
(b) On or before the fifteenth day of June, two thousand five, and each year thereafter, each state institution of higher education shall submit a technology plan for the next fiscal year to the Higher Education Policy Commission. The plan shall be in a form and contain the information determined by the Governor's Advisory Council for Educational Technology. On or before the thirtieth day of June, two thousand five, and each year thereafter, the Higher Education Policy Commission shall submit the plans to the Governor's Advisory Council for Educational Technology for its consideration in constructing the unified educational technology strategic plan.
(1) Expenditures from grants which can only be used for certain purposes are not required to be made in accordance with the plan;
(2) If the plan is not approved by the Legislative Oversight Commission on Education Accountability, the plan has no effect;
(3) For public education, the expenditures shall be made directly, or through lease-purchase arrangements pursuant to the provisions of article three, chapter five-a of this code, or through contractual agreements or grants to county boards and regional education service agencies or any combination of the foregoing options as shall best implement the strategic plan in the most cost effective manner;
(4) Nothing in this section nor in the prior enactment of this section restricts the expenditure of educational technology funds appropriated for the fiscal year, two thousand five, for the purposes for which they were allocated; and
(5) Except as provided in subdivision (2) of this subsection, no more than fifty percent of the state appropriations for the fiscal year, two thousand six, to the Department of Education for educational technology in kindergarten through the twelfth grade may be expended or encumbered except in accordance with the Unified educational technology strategic plan.
(b) Nothing in this section requires any specific level of appropriation by the Legislature.
The guidelines adopted by the state board shall include:
(1) Procedures for school nurses to develop an individual diabetes care plan for any student diagnosed with diabetes, which shall involve the parent or guardian, the student's health care provider, the student's classroom teacher, the student if appropriate, and other appropriate school personnel;
(2) Procedures for regular review of an individual care plan.
(3) Information to be included in a diabetes care plan, including the responsibilities and appropriate staff development for teachers and other school personnel, an emergency care plan, the identification of allowable actions to be taken, the extent to which the student is able to participate in the student's diabetes care and management and other information necessary for teachers and other school personnel in order to offer appropriate assistance and support to the student; and
(4) Procedures for information and staff development to be made available to teachers and other school personnel in order to appropriately support and assist students with diabetes.
(b) The State Board of Education shall provide that the guidelines and any subsequent changes are published and disseminated to county boards of education.
The state board annually shall evaluate the performance of the state superintendent and publicly announce the results of the evaluation.
The superintendent shall cause to be printed and distributed from time to time a sufficient number of copies of the school law to supply the needs of school officials and other citizens of the state. He shall cause to be prepared and published a list of books suitable for school libraries, and shall recommend the proper conditions for the purchase and use of such books. Such list shall be distributed among the teachers, principals, and superintendents throughout the state. The state superintendent of schools shall also have authority to publish and distribute such other reports, circulars of information, and bulletins as in his judgment will promote the best interests of the schools.
The expenses of printing all such publications or other documents shall be paid out of the general school fund on warrants drawn by the state superintendent of schools.
Whenever any county board shall fail to comply with an order of the state fire marshal for correction of fire hazards in any public school building, the state superintendent shall close the building, or the unsafe part thereof, until the board complies with such order. The state superintendent shall also have the power and authority to inspect any public school building and to order the making of such repairs or alterations as may be necessary to put the building into a safe condition.
(b) Beginning in January, 2011, on or before the first day of the regular session of the Legislature, and each year thereafter, the state superintendent shall make a status report to the Legislative Oversight Commission on Education Accountability and to the state board. The report may include 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.
(1) At the expiration of his or her term or terms of service the county superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, unless dismissed for statutory reasons.
(2) The appointment of the county superintendent shall be made between January 1 and June 1 for a term beginning on July 1 following the appointment.
(b) In the event of a vacancy in the superintendent's position that results in an incomplete term, the board may appoint an interim county superintendent:
(1) To serve until the following July 1 if the vacancy occurs before March 1.
(2) To serve until July 1 of the next following year if the vacancy occurs on or after March 1, unless a superintendent is appointed sooner.
(c) If the superintendent becomes incapacitated due to accident or illness to an extent that may lead to prolonged absence, the county board, by unanimous vote, may enter an order declaring that an incapacity exists in which case the county board shall appoint an acting superintendent to serve until a majority of the members of the board determine that the incapacity no longer exists. An acting superintendent may not serve in that capacity for more than one year, nor later than the expiration date of the superintendent's term, whichever occurs sooner, unless he or she is reappointed by the county board.
(d) Immediately following the appointment of a county superintendent or an interim county superintendent, the president of the county board shall certify the appointment to the state superintendent. Immediately following the appointment of an acting county superintendent or a vote by a majority of the members of the county board that an incapacity no longer exists, the president of the county board shall certify the appointment, reappointment, or appointment termination of the acting superintendent to the state superintendent.
(e) During his or her term of appointment, the county superintendent shall be a state resident and shall reside in the county which he or she serves or in a contiguous county. The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.
(1) A superintendent who holds a first class permit may be appointed for one year only, and may be reappointed two times for an additional year each upon an annual evaluation by the county board and a determination of satisfactory performance and reasonable progress toward completion of the requirements for a professional administrative certificate endorsed for superintendent;
(2) Any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education and either has completed three successful years of teaching in public education or has the equivalent of three years of experience in management or supervision as defined by state board rule, after employment by the county board shall be granted a permanent administrative certificate and shall be a licensed county superintendent;
(3) The state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code, to address those cases where a county board finds that course work needed by the county superintendent who holds a first class permit is not available or is not scheduled at state institutions of higher education in a manner which will enable the county superintendent to complete normal requirements for a professional administrative certificate within the three-year period allowed under the permit; and
(4) Any person employed as assistant superintendent or educational administrator prior to the twenty-seventh day of June, one thousand nine hundred eighty-eight, and who was previously employed as superintendent is not required to hold the professional administrative certificate endorsed for superintendent.
(b) In addition to other requirements set forth in this section, a county superintendent shall meet the following health-related conditions of employment:
(1) Before entering upon the discharge of his or her duties, file with the president of the county board a certificate from a licensed physician certifying the following:
(A) A tuberculin skin test, of the type Mantoux test (PPD skin test), approved by the director of the department of health, has been made within four months prior to the beginning of the term of the county superintendent; and
(B) The county superintendent does not have tuberculosis in a communicable state based upon the test results and any further study;
(2) After completion of the initial test, the county superintendent shall have an approved tuberculin skin test once every two years or more frequently if medically indicated. Positive reactors to the skin test are to be referred immediately to a physician for evaluation and indicated treatment or further studies;
(3) A county superintendent who is certified by a licensed physician to have tuberculosis in a communicable stage shall have his or her employment discontinued or suspended until the disease has been arrested and is no longer communicable; and
(4) A county superintendent who fails to complete required follow-up examinations as set forth in this subsection shall be suspended from employment until a report of examination is confirmed.
(b) At a minimum, the evaluation process shall require the county superintendent and county board to establish written goals or objectives for the county superintendent to accomplish within a given period of time. Additionally, the county board shall evaluate the county superintendent on his or her success in improving student achievement generally across the county and specifically as it relates to the management and administration of low performing schools.
(c) The evaluation also may cover the performance of a county superintendent in the areas of community relations, school finance, personnel relations, curricular standards and programs and overall leadership of the school district as indicated primarily by improvements in student achievement, testing and assessment.
(d) The evaluation of a county superintendent shall occur in executive session. At the conclusion of the evaluation, the county board shall make available to the public a general statement about the evaluation process and the overall result. Additional information about the evaluation may be released only by mutual consent of the county superintendent and the county board. The county board may use the evaluation results to determine:
(1) Whether to extend the contract of the county superintendent;
(2) Whether to offer the county superintendent a new contract; and
(3) The level of compensation or benefits to offer the county superintendent in any new or extended contract.
(1) Act as the chief executive officer of the county board as may be delineated in his or her contract or other written agreement with the county board, and, under the direction of the state board, execute all its education policies;
(2) Nominate all personnel to be employed; in case the county board refuses to employ any or all of the persons nominated, the county superintendent shall nominate others and submit the same to the county board at a time the county board may direct. No person or persons shall be employed except on the nomination of the county superintendent;
(3) Assign, transfer, suspend or promote teachers and all other school employees of the district, subject only to the approval of the county board, and to recommend to the county board their dismissal pursuant to the provisions of this chapter;
(4) Report promptly to the county board in such manner as it directs whenever any school in the district appears to be failing to meet the standards for improving education established pursuant to section five, article two-e of this chapter;
(5) Close a school temporarily when conditions are detrimental to the health, safety or welfare of the pupils;
(6) Certify all expenditures and monthly payrolls of teachers and employees;
(7) Serve as the secretary of the county board and attend all meetings of the county board or its committees, except when the tenure, salary or administration of the county superintendent is under consideration;
(8) Administer oaths and examine witnesses under oath in any proceedings pertaining to the schools of the district, and have the testimony reduced to writing;
(9) Keep the county board apprised continuously of any issues that affect the county board or its schools, programs and initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both parties. When practicable, the reports shall be fashioned to include a broad array of data and information that the county board may consult to aid in making decisions;
(10) Exercise all other authority granted by this chapter or required by the county board or state board; and
(11) In case of emergency, act as the best interests of the school demand. An emergency, as contemplated in this section, is limited to an unforeseeable, catastrophic event including natural disaster or act of war and nothing in this section may be construed as granting the county superintendent authority to override any statutory or constitutional provision in the exercise of his or her emergency power except where such authority is specifically granted in the particular code section.
(1) Visit the schools as often as practicable; observe and make suggestions concerning the instruction and classroom management of the schools and their sanitary conditions;
(2) Report to the county board cases of incompetence, neglect of duty, immorality or misconduct in office of any teacher or employee;
(3) Recommend for condemnation buildings unfit for school use;
(4) Call, at his or her discretion, conferences of principals and teachers to discuss the work of the schools of the district;
(5) Report to the county board the progress and general condition of the schools;
(6) Make reports as required by the state superintendent. In case the county superintendent fails to report as required, the state superintendent may direct that the salary of the county superintendent be withheld until an acceptable report is received; and
(7) Perform all other duties prescribed in this chapter or required by the county board or the state board.
Effective July 1, 2008, through June 30, 2011, each teacher shall receive the amount prescribed in the 2008-09 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Beginning July 1, 2011, and continuing thereafter, each teacher shall receive the amount prescribed in the 2011-12 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
|
2008-09 STATE MINIMUM SALARY SCHEDULE |
||||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|
Years Exp.
|
4th Class
|
3rd Class
|
2nd Class
|
A.B. +15
|
M.A. +15
|
M.A. +30
|
M.A. +45
|
Doc-
torate
|
||
|
A.B.
|
M.A.
|
|||||||||
| 0 | 25,651 | 26,311 | 26,575 | 27,827 | 28,588 | 30,355 | 31,116 | 31,877 | 32,638 | 33,673 |
| 1 | 25,979 | 26,639 | 26,903 | 28,345 | 29,106 | 30,874 | 31,635 | 32,395 | 33,156 | 34,191 |
| 2 | 26,308 | 26,967 | 27,231 | 28,864 | 29,625 | 31,392 | 32,153 | 32,914 | 33,675 | 34,710 |
| 3 | 26,636 | 27,295 | 27,559 | 29,383 | 30,143 | 31,911 | 32,672 | 33,432 | 34,193 | 35,228 |
| 4 | 27,208 | 27,867 | 28,131 | 30,145 | 30,906 | 32,674 | 33,435 | 34,195 | 34,956 | 35,991 |
| 5 | 27,536 | 28,195 | 28,459 | 30,664 | 31,425 | 33,192 | 33,953 | 34,714 | 35,475 | 36,510 |
| 6 | 27,864 | 28,523 | 28,787 | 31,182 | 31,943 | 33,711 | 34,472 | 35,232 | 35,993 | 37,028 |
| 7 | 28,192 | 28,852 | 29,115 | 31,701 | 32,462 | 34,229 | 34,990 | 35,751 | 36,512 | 37,547 |
| 8 | 28,520 | 29,180 | 29,444 | 32,219 | 32,980 | 34,748 | 35,509 | 36,269 | 37,030 | 38,065 |
| 9 | 28,848 | 29,508 | 29,772 | 32,738 | 33,499 | 35,266 | 36,027 | 36,788 | 37,549 | 38,584 |
| 10 | 29,177 | 29,836 | 30,100 | 33,258 | 34,018 | 35,786 | 36,547 | 37,308 | 38,068 | 39,103 |
| 11 | 29,505 | 30,164 | 30,428 | 33,776 | 34,537 | 36,305 | 37,065 | 37,826 | 38,587 | 39,622 |
| 12 | 29,833 | 30,492 | 30,756 | 34,295 | 35,055 | 36,823 | 37,584 | 38,345 | 39,105 | 40,140 |
| 13 | 30,161 | 30,820 | 31,084 | 34,813 | 35,574 | 37,342 | 38,102 | 38,863 | 39,624 | 40,659 |
| 14 | 30,489 | 31,148 | 31,412 | 35,332 | 36,092 | 37,860 | 38,621 | 39,382 | 40,142 | 41,177 |
| 15 | 30,817 | 31,476 | 31,740 | 35,850 | 36,611 | 38,379 | 39,139 | 39,900 | 40,661 | 41,696 |
| 16 | 31,145 | 31,804 | 32,068 | 36,369 | 37,129 | 38,897 | 39,658 | 40,419 | 41,179 | 42,214 |
| 17 | 31,473 | 32,133 | 32,396 | 36,887 | 37,648 | 39,416 | 40,177 | 40,937 | 41,698 | 42,733 |
| 18 | 31,801 | 32,461 | 32,725 | 37,406 | 38,167 | 39,934 | 40,695 | 41,456 | 42,217 | 43,252 |
| 19 | 32,129 | 32,789 | 33,053 | 37,924 | 38,685 | 40,453 | 41,214 | 41,974 | 42,735 | 43,770 |
| 20 | 32,457 | 33,117 | 33,381 | 38,443 | 39,204 | 40,971 | 41,732 | 42,493 | 43,254 | 44,289 |
| 21 | 32,786 | 33,445 | 33,709 | 38,961 | 39,722 | 41,490 | 42,251 | 43,011 | 43,772 | 44,807 |
| 22 | 33,114 | 33,773 | 34,037 | 39,480 | 40,241 | 42,008 | 42,769 | 43,530 | 44,291 | 45,326 |
| 23 | 33,442 | 34,101 | 34,365 | 39,999 | 40,759 | 42,527 | 43,288 | 44,048 | 44,809 | 45,844 |
| 24 | 33,770 | 34,429 | 34,693 | 40,517 | 41,278 | 43,046 | 43,806 | 44,567 | 45,328 | 46,363 |
| 25 | 34,098 | 34,757 | 35,021 | 41,036 | 41,796 | 43,564 | 44,325 | 45,086 | 45,846 | 46,881 |
| 26 | 34,426 | 35,085 | 35,349 | 41,554 | 42,315 | 44,083 | 44,843 | 45,604 | 46,365 | 47,400 |
| 27 | 34,754 | 35,413 | 35,677 | 42,073 | 42,833 | 44,601 | 45,362 | 46,123 | 46,883 | 47,918 |
| 28 | 35,082 | 35,742 | 36,005 | 42,591 | 43,352 | 45,120 | 45,880 | 46,641 | 47,402 | 48,437 |
| 29 | 35,410 | 36,070 | 36,334 | 43,110 | 43,870 | 45,638 | 46,399 | 47,160 | 47,920 | 48,955 |
| 30 | 35,738 | 36,398 | 36,662 | 43,628 | 44,389 | 46,157 | 46,917 | 47,678 | 48,439 | 49,474 |
| 31 | 36,067 | 36,726 | 36,990 | 44,147 | 44,908 | 46,675 | 47,436 | 48,197 | 48,957 | 49,992 |
| 32 | 36,395 | 37,054 | 37,318 | 44,665 | 45,426 | 47,194 | 47,955 | 48,715 | 49,476 | 50,511 |
| 33 | 36,723 | 37,382 | 37,646 | 45,184 | 45,945 | 47,712 | 48,473 | 49,234 | 49,995 | 51,030 |
| 34 | 37,051 | 37,710 | 37,974 | 45,702 | 46,463 | 48,231 | 48,992 | 49,752 | 50,513 | 51,548 |
| 35 | 37,379 | 38,038 | 38,302 | 46,221 | 46,982 | 48,749 | 49,510 | 50,271 | 51,032 | 52,067 |
(b) To assist the state in meeting its objective of salary
equity among the counties, as defined in subsection (a) of this
section, on and after July 1, 1984, subject to available state
appropriations and the conditions set forth herein, each teacher
and school service personnel shall receive a supplemental amount in
addition to the amount from the state minimum salary schedules
provided for in this article.
(c) State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article
nine-a, chapter eighteen of this code. The amount allocated for
salary equity shall be apportioned between teachers and school
service personnel in direct proportion to that amount necessary to
support the professional salaries and service personnel salaries
statewide under sections four, five and eight, article nine-a,
chapter eighteen of this code.
(d) Pursuant to this section, each teacher and school service
personnel shall receive the amount indicated on the applicable
State Equity Supplement Schedule or Pay Scale for 2010-11,
maintained by the West Virginia Department of Education, reduced by
any amount provided by the county as a salary supplement for
teachers and school service personnel on January 1, 1984: Provided,
That effective July 1, 2011, the amounts indicated on the State
Equity Supplement Pay Scale for service personnel is increased by
$37 across-the-board.
(e) The amount received pursuant to this section shall not be
decreased as a result of any county supplement increase instituted
after January 1, 1984: Provided, That any amount received pursuant
to this section may be reduced proportionately based upon the
amount of funds appropriated for this purpose. No county may
reduce any salary supplement that was in effect on January 1, 1984,
except as permitted by sections five-a and five-b of this article.
(f) During its 2011 interim meetings, the Legislative
Oversight Commission on Education Accountability shall conduct a
study on whether a recommendation should be made to the Legislature
for establishing the State Equity Supplement Schedule and the State
Equity Supplement Pay Scale in statute.
number, nomination and election of members.
(1) Shall be a citizen and resident in the county in which he
or she serves on the county board. Also, a person who is a
candidate for membership on a county board or who is a member-elect
of a county board shall be a citizen and resident in the county in
which he or she seeks to serve on the county board;
(2) May not be employed by the county board on which he or she
serves, including employment as a teacher or service person;
(3) May not engage in the following political activities:
(A) Become a candidate for or hold any other public office,
other than to succeed him or herself as a member of a county board
subject to the following:
(i) A candidate for a county board, who is not currently
serving on a county board, may hold another public office while a
candidate if he or she resigns from the other public office prior
to taking the oath of office as a county board member.
(ii) The term "public office" as used in this section does not
include service on any other board, elected or appointed, profit or
nonprofit, under the following conditions:
(I) The person does not receive compensation; and
(II) The primary scope of the board is not related to public
schools.
(B) Become a candidate for, or serve as, an elected member of
any political party executive committee;
(C) Become a candidate for, or serve as, a delegate, alternate
or proxy to a national political party convention;
(D) Solicit or receive political contributions to support the
election of, or to retire the campaign debt of, any candidate for
partisan office;
(4) May engage in any or all of the following political
activities:
(A) Make campaign contributions to partisan or bipartisan
candidates;
(B) Attend political fund raisers for partisan or bipartisan
candidates;
(C) Serve as an unpaid volunteer on a partisan campaign;
(D) Politically endorse any candidate in a partisan or
bipartisan election; or
(E) Attend a county, state or national political party
convention.
(b) A member or member-elect of a county board, or a person
desiring to become a member of a county board, may make a written
request to the West Virginia Ethics Commission for an advisory
opinion to determine if another elected or appointed position held
or sought by the person is an office or public office which would
bar service on a county board pursuant to subsection (a) of this
section.
(1) Within thirty days of receipt of the request, the Ethics
Commission shall issue a written advisory opinion in response to the request and also shall publish the opinion in a manner which,
to the fullest extent possible, does not reveal the identity of the
person making the request.
(2) A county board member who relies in good faith upon an
advisory opinion issued by the West Virginia Ethics Commission to
the effect that holding a particular office or public office is not
a bar from membership on a county board and against whom
proceedings are subsequently brought for removal from the county
board on the basis of holding that office or offices is entitled to
reimbursement by the county board for reasonable attorney's fees
and court costs incurred by the member in defending against these
proceedings, regardless of the outcome of the proceedings.
(3) A vote cast by the member at a meeting of the county board
may not be invalidated due to a subsequent finding that holding the
particular office or public office is a bar to membership on the
county board.
(4) Good faith reliance on a written advisory opinion of the
West Virginia Ethics Commission that a particular office or public
office is not a bar to membership on a county board is an absolute
defense to any civil suit or criminal prosecution arising from any
proper action taken within the scope of membership on the county
board, becoming a member-elect of the county board or seeking
election to the county board.
(c) To be eligible for election or appointment as a member of
a county board, a person shall possess at least a high school diploma or a general educational development (GED) diploma. This
provision does not apply to members or members-elect who have taken
office prior to May 5, 1992, and who serve continuously from that
date forward.
(d) A person elected to a county board after July 1, 1990, may
not assume the duties of county board member unless he or she has
first attended and completed a course of orientation relating to
boardsmanship and governance effectiveness which shall be given
between the date of election and the beginning of the member's term
of office under the following conditions:
(1) A portion or portions of subsequent training such as that
offered in orientation may be provided to members after they have
commenced their term of office;
(2) Attendance at the session of orientation given between the
date of election and the beginning of the member's term of office
permits the member-elect to assume the duties of county board
member, as specified in this section;
(3) Members appointed to the county board shall attend and
complete the next orientation course offered following their
appointment; and
(4) The provisions of this subsection relating to orientation
do not apply to members who have taken office prior to July 1,
1988, and who serve continuously from that date forward.
(e) Annually, each member of a county board shall receive
seven clock hours of training in areas relating to boardsmanship, governance effectiveness, and school performance issues including,
but not limited to, pertinent state and federal statutes such as
the "Process for Improving Education" set forth in section five,
article two-e of this chapter and the "No Child Left Behind Act"
and their respective administrative rules.
(1) The orientation and training shall be approved by the
state board and conducted by the West Virginia School Board
Association or other organization or organizations approved by the
state board:
(A) The state board may exclude time spent in training on
school performance issues from the requisite seven hours herein
required; and
(B) If the state board elects to exclude time spent in
training on school performance issues from the requisite seven
hours, the state board shall limit the training to a feasible and
practicable amount of time.
(2) Failure to attend and complete the approved course of
orientation and training relating to boardsmanship and governance
effectiveness without good cause as determined by the state board
by duly promulgated legislative rules constitutes neglect of duty
under section seven, article six, chapter six of this code.
(f) In the final year of any four-year term of office, a
member shall satisfy the annual training requirement before January
1. Failure to comply with the training requirements of this
section without good cause as defined by the state board by duly promulgated legislative rules constitutes neglect of duty under
section seven, article six, chapter six of this code.
(g) The state board shall appoint a committee named the
"county board member training standards review committee" whose
members shall meet at least annually. Subject to state board
approval, the committee shall determine which particular trainings
and training organizations shall be approved and whether county
board members have satisfied the annual training requirement.
Members of the committee serve without compensation, but may be
reimbursed by their agencies or employers for all reasonable and
necessary expenses actually incurred in the performance of their
duties under this subsection.
As the terms of county school board members who presently hold
office expire, members shall be elected for four-year terms at the
time of each regular primary election commencing with the year one
thousand nine hundred ninety. The terms of such members shall
begin on the first day of July next following the primary election
at which they were elected.
The term of office of any member of any county board of
education shall immediately cease, and a vacancy shall exist, upon
occurrence of ineligibility as prescribed in section one-a of this
article.
This section shall in no manner be construed so as to affect
the unexpired terms of county school board members who hold office
or were elected under prior existing law.
(b) Annually, each county board shall assess its own
performance using an instrument approved by the state board. In
developing or making determinations on approving evaluation
instruments, the state board may consult with the West Virginia
school board association or other appropriate organizations. The
evaluation instrument selected shall focus on the effectiveness of
the county board in the following areas:
(1) Dealing with its various constituency groups and with the
general public;
(2) Providing a proper framework and the governance strategies
necessary to monitor and approve student achievement on a
continuing basis; and
(3) Enhancing the effective utilization of the policy approach
to governance.
At the conclusion of the evaluation, the county board shall
make available to the public a summary of the evaluation, including
areas in which the board concludes improvement is warranted.
(a) The board shall, by appointment, fill within forty-five
days any vacancy that occurs in its membership. In the event that
the board does not fill the vacancy within forty-five days, the
state superintendent of schools shall appoint a person to fill the
vacancy.
(b) (1) When the vacancy occurs after the eighty-fourth day
before a general election, and the affected term of office ends on
the thirtieth day of June following the next primary election, the
person appointed to fill the vacancy shall continue in office until
the completion of the term.
(2) When the vacancy occurs after the eighty-fourth day before
a general election and not later than the close of candidate filing
for the next succeeding primary election, and the affected term of
office does not end on the thirtieth day of June following the next
primary election, an election for the unexpired term shall be held
at the next primary election, and the appointment shall continue
until the thirtieth day of June following the primary election with
the duly elected and certified successor taking office on the first
day of July following the primary election and serving until the
expiration of the original term of office.
(3) When the vacancy occurs after the close of candidate
filing for the primary election and not later than eighty-four days
before the general election, the vacancy shall be filled by
election in the general election, and the appointment shall
continue until a successor is elected and certified.
(a) The county board shall meet upon the dates provided by
law, and at any other times the county board fixes upon its
records. Subject to adequate public notice, nothing in this
section prohibits the county board from conducting regular meetings
in facilities within the county other than the county board office.
At any meeting as authorized in this section and in compliance with
the provisions of chapter eighteen-a of this code, the county board
may employ qualified teachers, or those who will qualify by the
time they enter upon their duties, necessary to fill existing or
anticipated vacancies for the current or next ensuing school year.
Meetings of the county board shall be held in compliance with the
provisions of chapter eighteen-a of this code for purposes relating
to the assignment, transfer, termination and dismissal of teachers
and other school employees.
(b) Special meetings may be called by the president or any
three members, but no business may be transacted other than that
designated in the call.
(c) In addition, a public hearing shall be held concerning the
preliminary operating budget for the next fiscal year not fewer
than ten days after the budget has been made available to the
public for inspection and within a reasonable time prior to the
submission of the budget to the state board for approval.
Reasonable time shall be granted at the hearing to any person who wishes to speak regarding any part of the budget. Notice of the
hearing shall be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code.
(d) A majority of the members of the county board is the
quorum necessary for the transaction of official business.
(e) Board members may receive compensation at a rate not to
exceed $160 per meeting attended, but they may not receive pay for
more than fifty meetings in any one fiscal year. Board members who
serve on an administrative council of a multicounty vocational
center also may receive compensation for attending up to twelve
meetings of the council at the same rate as for meetings of the
county board. Meetings of the council are not counted as board
meetings for purposes of determining the limit on compensable board
meetings.
(f) Members also shall be paid, upon the presentation of an
itemized sworn statement, for all necessary traveling expenses,
including all authorized meetings, incurred on official business,
at the order of the county board.
(g) When, by a majority vote of its members, a county board
considers it a matter of public interest, the county board may join
the West Virginia School Board Association and the National School
Board Association and may pay the dues prescribed by the
associations and approved by action of the respective county
boards. Membership dues and actual traveling expenses incurred by
board members for attending meetings of the West Virginia School
Board Association may be paid by their respective county boards out of funds available to meet actual expenses of the members, but no
allowance may be made except upon sworn itemized statements.
The board according to law and the intent of the instrument
conferring title, shall receive, hold and dispose of any gift,
grant or bequest.
All public school property used for school purposes shall be
exempt from execution or other process, and free from lien or
distress for taxes or municipal, county or state levies.
(b) Notwithstanding the provisions of subsection (a) of this
section, in rural communities, the grantor of the lands or his or
her heirs or assigns has the right to purchase at the sale, the
land, exclusive of the buildings on the land and the mineral
rights, at the same price for which it was originally sold:
Provided, That the sale to the board was not a voluntary arms
length transaction for valuable consideration approximating the
fair market value of the property at the time of the sale to the
board: Provided, however, That the provisions of this section may
not operate to invalidate any provision of the deed to the
contrary.
(c) The county board, by the same method set forth in
subsection (a) of this section for the sale of school buildings and
lands, may, in lieu of offering the property for sale, enter into
a lease for oil or gas or other minerals any lands or school sites owned in fee by it. The proceeds of the sales and rentals shall be
placed to the credit of the fund or funds of the district as the
county board may direct.
(d) The county board may make any sale of property subject to
the provision that all liability for hazards associated with the
premises are to be assumed by the purchaser. In any sale by the
county board of improved property in which the actual consideration
is less than ten thousand dollars or in any sale of unimproved
property in which the actual consideration is less than one
thousand dollars, the county board shall make any sale of property
subject to the provision that all liability for hazards associated
with the premises are to be assumed by the purchaser. The county
board shall inform any prospective purchaser of known or suspected
hazards associated with the property.
(e) Except as provided by the provisions of subsection (b) of
this section, where a county board determines that any school
property is no longer needed for school purposes, the county board
may, upon determining that it will serve the best interests of the
school system and the community, offer the property for lease. The
procedure set forth in subsection (a) of this section relating to
sale of school buildings and lands shall apply to leasing the
school property. Any lease authorized by the provisions of this
subsection shall be in writing. The writing shall include a
recitation of all known or reasonably suspected hazards associated
with the property, an assumption by the lessee of all liability related to all hazards, whether disclosed or not, and provisions
wherein the lessee assumes all liability for any actions arising
from the property during the term of the lease.
(f) Notwithstanding any provision of this section to the
contrary, the provisions of this section concerning sale or lease
at public auction may not apply to a county board selling, leasing
or otherwise disposing of its property for a public use to the
state of West Virginia, or its political subdivisions, including
county commissions, for an adequate consideration without
considering alone the present commercial or market value of the
property.
(1) Sell, dismantle, remove or relocate any buildings thereon;
(2) Contract with the United States of America, or any
instrumentality, agency or political subdivision thereof, for the
sale or exchange of its interest in the land or any part thereof;
and
(3) Without auction sell or exchange its interest in the land
or any part thereof to the United States of America, or any
instrumentality, agency or political subdivision thereof, in
accordance with the terms and provisions of the contract.
(b) If the flood control project is proposed in a county where
the state board of education has intervened in the operation of the
county school system pursuant to the provisions of section five,
article two-e of this chapter or any other constitutional or
statutory authority to intervene, the powers granted in this
section are vested in the state board.
(c) Notwithstanding the provisions of section seven of this
article, neither the grantor of the land or any part thereof nor
his heirs or assigns has the right to purchase the land or any part
thereof or have any other rights whatever under section seven of
this article.
If, in the sound judgment of the board, the needs of the
community require the use of property not needed for school
purposes, for charitable, economic development or other community
use, notwithstanding the provisions of section seven of this
article, the board may convey by deed or by lease, for nominal
consideration, to a private, nonprofit, tax-exempt organization,
such tax-exempt status having been granted by the Internal Revenue
Service under the provisions of 26 United States code section 501
(c) (3) through (8) inclusive, (19) or (23), upon such terms and
conditions as will permit title to revert to the board if the
organization is dissolved or ceases to use the property for the
intended purpose within the first five years of such conveyance:
Provided, That such reversion provision shall be subordinated to
such extent as may be required solely in order to obtain a loan for
the purpose of improving the property. In any absolute conveyance
under this section, the transfer shall be subject to the provisions
that all liability for hazards associated with the premises are to
be assumed by the recipient. The board shall inform any
prospective donee of known or suspected hazards associated with the
property.
The board may petition the circuit court to condemn such
lands, or easements in such lands, necessary or convenient for
educational purposes for school buildings, playgrounds, athletic
fields, experiments in agriculture, warehouses, bus garages, or
extensions, improvements, or additions thereto. The rights,
powers, and privileges of eminent domain in a board shall be
coextensive with the rights, powers, and privileges of the state.
Condemnation proceedings shall be in the name of the board
and according to the provisions of chapter fifty-four of the
code.
(1) By purchase, lease, building or otherwise, a sufficient
number of suitable schoolhouses and other buildings to meet the
educational needs of its district;
(2) The necessary furniture, fixtures, apparatus, fuel and
all necessary supplies for the schools;
(3) For the health and cleanliness of the pupils;
(4) For the repair and good order of the school grounds,
buildings and equipment.
The board may also provide for medical and dental clinics.
(a) For the purposes of this section:
(1) "Energy-conservation measures" means goods or services, or
both, to reduce energy consumption operating costs of school
facilities. They include, but are not limited to, installation of
two or more of the following:
(A) Insulation of a building structure and systems within a
building;
(B) Storm windows or doors, caulking or weather stripping,
multiglazed windows or doors, heat-absorbing or heat-reflective
glazed and coated window or door systems, or other window or door
modifications that reduce energy consumption;
(C) Automatic energy control systems;
(D) Heating, ventilating or air conditioning systems,
including modifications or replacements;
(E) Replacement or modification of lighting fixtures to
increase energy efficiency;
(F) Energy recovery systems;
(G) Cogeneration systems that produce steam or another form of
energy for use by the county board of education in a building or
complex of buildings owned by the board of education; or
(H) Energy-conservation maintenance measures that provide
long-term operating cost reductions of the building's present cost
of operation.
(2) "Energy-savings contract" means a contract for the
evaluation and recommendation of energy operations conservation
measures, and for implementation of one or more such measures. The contract shall provide that payments, except obligations upon
termination of the contract before its expiration, are to be made
over time. A county board of education may supplement these
payments with federal, state or local funds to reduce the annual
cost or to lower the initial amount to be financed.
(3) "Qualified provider" means a person, firm or corporation
experienced in the design, implementation and installation of
energy-conservation measures.
(b) County boards of education are hereby authorized to enter
into performance-based contracts with qualified providers of
energy-conservation measures for the purpose of reducing energy
operating costs of school buildings.
(c) A board of education may enter into an energy-savings
contract with a qualified provider to reduce energy operating costs
significantly. Before entering into such a contract or before the
installation of equipment, modifications or remodeling to be
furnished under such a contract, the qualified provider shall first
issue a proposal summarizing the scope of work to be performed.
Such a proposal shall contain estimates of all costs of
installation, modifications or remodeling, including the costs of
design, engineering, installation, maintenance, repairs or debt
service, as well as estimates of the amounts by which energy
operating costs will be reduced. If the board finds, after
receiving the proposal, that the proposal includes more than one
energy-conservation measure designed to save energy operating
costs, the board may enter into a contract with the provider
pursuant to this section.
(d) An energy-savings contract must include the following:
(1) A guarantee of a specific minimum amount of money that the
board will save in energy operating costs each year during the term
of the contract;
(2) A statement of all costs of energy-conservation measures,
including the costs of design, engineering, installation,
maintenance, repairs and operations.
(e) An energy-savings contract which is performance-based and
includes a guarantee of savings and a comprehensive approach of
energy-conservation measures for improving comfort is subject to
competitive bidding requirements: Provided,
That the requirements
of article five-a, chapter twenty-one of this code as to prevailing
wage rates shall apply to the construction and installation work
performed under such a contract.
(f) A board may enter into a "lease with an option to
purchase" contract for the purchase and installation of energy-conservation measures if the term of the lease does not exceed ten
years, and the lease contract includes the provisions hereinafter
contained in subsection (g), and meets federal tax requirements for
tax-exempt municipal leasing or long-term financing.
(g) An energy-savings contract may extend beyond the fiscal
year in which it first becomes effective: Provided,
That such a
contract may not exceed a ten-year term: Provided, however,
That
such long term contract shall be void unless such agreement shall
provide that the board shall have the option thereunder during each
fiscal year of the contract to terminate the agreement. The board
may include in its annual budget for each fiscal year any amounts payable under long-term energy-savings contracts during that fiscal
year: Provided further,
That nothing contained herein shall be
deemed to require or permit the replacement of jobs performed by
service personnel employed by the local school board pursuant to
sections eight and eight-a, article four, chapter eighteen-a of the
code, as amended.
Program.
By the fifteenth day of August, one thousand nine hundred
ninety-five, the board shall implement the integrated pest
management program promulgated under rules by the department of
agriculture under authority of section four, article sixteen-a,
chapter nineteen of this code.
The boards of the several districts shall determine the site
of the proposed school and the amount to be expended for its
establishment and equipment. The cost shall be apportioned upon
the basis of the respective valuations of the taxable property in
each district.
The board in the district in which the building is located
shall be vested with the control and management of the school.
The annual operating costs shall be apportioned among the
districts on the basis of the average daily attendance of pupils
from each district.
Repealed.
Acts, 1983 Reg. Sess., Ch. 35.
Subject to the provisions of this chapter and the rules of the
state board, each county board may:
(a) Control and manage all of the schools and school interests
for all school activities and upon all school property owned or
leased by the county, including:
(1) Requiring schools to keep records regarding funds
connected with the school or school interests, including all
receipts and disbursements of all funds collected or received by:
(A) Any principal, teacher, student or other person in
connection with the schools and school interests;
(B) Any program, activity or other endeavor of any nature
operated or conducted by or in the name of the school; and
(C) Any organization or body directly connected with the
school;
(2) Allowing schools to expend funds for student, parent,
teacher and community recognition programs. A school may use only
funds it generates through a fund-raising or donation-soliciting
activity. Prior to commencing the activity, the school shall:
(A) Publicize the activity as intended for this purpose; and
(B) Designate for this purpose the funds generated;
(3) Auditing the records and conserving the funds, including
securing surety bonds by expending board moneys. The funds
described in this subsection are quasipublic funds, which means the
moneys were received for the benefit of the school system as a
result of curricular or noncurricular activities;
(b) Establish:
(1) Schools, from preschool through high school;
(2) Vocational schools; and
(3) Schools and programs for post-high school instruction,
subject to approval of the state board;
(c) Close any school:
(1) Which is unnecessary and assign the students to other
schools. The closing shall occur pursuant to official action of
the county board. Except in emergency situations when the timing
and manner of notification are subject to approval by the state
superintendent, the county board shall notify the affected teachers
and service personnel of the county board action not later than the
first Monday in April. The board shall provide notice in the same
manner as set forth in section four of this article; or
(2) Pursuant to the provisions of subsection (e) of this
section;
(d) Consolidate schools;
(e) Close any elementary school whose average daily attendance
falls below twenty students for two consecutive months. The county
board may assign the students to other schools in the district or
to schools in adjoining districts. If the teachers in the closed
school are not transferred or reassigned to other schools, they
shall receive one month's salary;
(f) Provide transportation according to rules established by
the county board, as follows:
(1) To provide at public expense adequate means of
transportation:
(A) For all children of school age who live more than two miles distance from school by the nearest available road;
(B) For school children participating in county board-approved
curricular and extracurricular activities;
(C) Across county lines for students transferred from one
district to another by mutual agreement of both county boards. The
agreement shall be recorded in the meeting minutes of each
participating county board and is subject to the provisions of
subsection (h) of this section; and
(D) Within available revenues, for students within two miles
distance of the school; and
(2) To provide transportation for participants in projects
operated, financed, sponsored or approved by the Bureau of Senior
Services. This transportation shall be provided at no cost to the
county board. All costs and expenses incident in any way to this
transportation shall be borne by the bureau or the local or county
affiliate of the bureau;
(3) Any school bus owned by the county board may be operated
only by a bus operator regularly employed by the county board,
except as provided in subsection (g) of this section;
(4) Pursuant to rules established by the state board, the
county board may provide for professional employees to be certified
to drive county board-owned vehicles that have a seating capacity
of fewer than ten passengers. These employees may use the vehicles
to transport students for school-sponsored activities, but may not
use the vehicles to transport students between school and home.
Not more than one of these vehicles may be used for any
school-sponsored activity;
(5) Students may not be transported to a school-sponsored
activity in any county-owned or leased vehicle that does not meet
school bus or public transit ratings. This section does not
prohibit a parent from transporting ten or fewer students in a
privately-owned vehicle;
(6) Students may be transported to a school-sponsored activity
in a vehicle that has a seating capacity of sixteen or more
passengers which is not owned and operated by the county board only
as follows:
(A) The state board shall promulgate a rule to establish
requirements for:
(i) Automobile insurance coverage;
(ii) Vehicle safety specifications;
(iii) School bus or public transit ratings; and
(iv) Driver training, certification and criminal history
record check; and
(B) The vehicle owner shall provide to the county board proof
that the vehicle and driver satisfy the requirements of the state
board rule; and
(7) Buses shall be used for extracurricular activities as
provided in this section only when the insurance coverage required
by this section is in effect;
(g) Lease school buses pursuant to rules established by the
county board.
(1) Leased buses may be operated only by bus operators
regularly employed by the county board, except that these buses may
be operated by bus operators regularly employed by another county board in this state if bus operators from the owning county are
unavailable.
(2) The lessee shall bear all costs and expenses incurred by,
or incidental to the use of, the bus.
(3) The county board may lease buses to:
(A) Public and private nonprofit organizations and private
corporations to transport school-age children for camps or
educational activities;
(B) Any college, university or officially recognized campus
organization for transporting students, faculty and staff to and
from the college or university. Only college and university
students, faculty and staff may be transported pursuant to this
paragraph. The lease shall include provisions for:
(i) Compensation for bus operators;
(ii) Consideration for insurance coverage, repairs and other
costs of service; and
(iii) Any rules concerning student behavior;
(C) Public and private nonprofit organizations, including
education employee organizations, for transportation associated
with fairs, festivals and other educational and cultural events.
The county board may charge fees in addition to those charges
otherwise required by this subsection;
(h) To provide at public expense for insurance coverage
against negligence of the drivers of school buses, trucks or other
vehicles operated by the county board. Any contractual agreement
for transportation of students shall require the vehicle owner to
maintain insurance coverage against negligence in an amount specified by the county board;
(i) Provide for the full cost or any portion thereof for group
plan insurance benefits not provided or available under the West
Virginia Public Employees Insurance Act. Any of these benefits
shall be provided:
(1) Solely from county board funds; and
(2) For all regular full-time employees of the county board;
(j) Employ teacher aides; to provide in-service training for
the aides pursuant to rules established by the state board; and,
prior to assignment, to provide a four-clock-hour program of
training for a service person assigned duties as a teacher aide in
an exceptional children program. The four-clock-hour program shall
consist of training in areas specifically related to the education
of exceptional children;
(k) Establish and operate a self-supporting dormitory for:
(1) Students attending a high school or participating in a
post high school program; and
(2) Persons employed to teach in the high school or post high
school program;
(l) At the county board's discretion, employ, contract with or
otherwise engage legal counsel in lieu of using the services of the
prosecuting attorney to advise, attend to, bring, prosecute or
defend, as the case may be, any matters, actions, suits and
proceedings in which the county board is interested;
(m) Provide appropriate uniforms for school service personnel;
(n) Provide at public expense for payment of traveling
expenses incurred by any person invited to appear to be interviewed concerning possible employment by the county board, subject to
rules established by the county board;
(o) Allow designated employees to use publicly provided
carriage to travel from their residences to their workplace and
return. The use:
(1) Is subject to the supervision of the county board; and
(2) Shall be directly connected with, required by and
essential to the performance of the employee's duties and
responsibilities;
(p) Provide at public expense adequate public liability
insurance, including professional liability insurance, for county
board employees;
(q) Enter into cooperative agreements with other county boards
to provide improvements to the instructional needs of each
district. The cooperative agreements may be used to employ
specialists in a field of academic study or for support functions
or services for the field. The agreements are subject to approval
by the state board;
(r) Provide information about vocational and higher education
opportunities to exceptional students. The county board shall
provide in writing to the students and their parents or guardians
information relating to programs of vocational education and to
programs available at state institutions of higher education. The
information may include sources of available funding, including
grants, mentorships and loans for students who wish to attend
classes at institutions of higher education;
(s) Enter into agreements with other county boards for the transfer and receipt of any funds determined to be fair when
students are permitted or required to attend school in a district
other than the district of their residence. These agreements are
subject to the approval of the state board; and
(t) Enter into job-sharing arrangements, as defined in section
one, article one, chapter eighteen-a of this code, with its
employees, subject to the following provisions:
(1) A job-sharing arrangement shall meet all the requirements
relating to posting, qualifications and seniority, as provided in
article four, chapter eighteen-a of this code;
(2) Notwithstanding any contrary provision of this code or
legislative rule and specifically the provisions of article
sixteen, chapter five of this code, a county board that enters into
a job-sharing arrangement:
(A) Shall provide insurance coverage to the one employee
mutually agreed upon by the employees participating in that
arrangement; and
(B) May not provide insurance benefits of any type to more
than one of the job-sharing employees, including any group plan
available under the State Public Employees Insurance Act;
(3) Each job-sharing agreement shall be in writing on a form
prescribed and furnished by the county board. The agreement shall
designate specifically one employee only who is entitled to the
insurance coverage. Any employee who is not designated is not
eligible for state public employees insurance coverage regardless
of the number of hours he or she works;
(4) All employees involved in the job-sharing agreement shall meet the requirements of subdivision (3), section two, article
sixteen, chapter five of this code; and
(5) When entering into a job-sharing agreement, the county
board and the participating employees shall consider issues such as
retirement benefits, termination of the job-sharing agreement and
any other issue the parties consider appropriate. Any provision in
the agreement relating to retirement benefits may not cause any
cost to be incurred by the retirement system that is more than the
cost that would be incurred if a single employee were filling the
position; and
(u) Under rules it establishes for each child, expend an
amount not to exceed the proportion of all school funds of the
district that each child would be entitled to receive if all the
funds were distributed equally among all the children of school age
in the district upon a per capita basis.
(1) Prepare and reduce to writing its reasons and supporting
data regarding the school closing or consolidation. The written
reasons shall:
(A) Be available for public inspection in the office of the
county school superintendent during the thirty days preceding the
date of the public hearing required by this section;
(B) Be delivered in duplicate to the:
(i) Principal of a school which is proposed to be closed or
consolidated, and of any school which will receive the students who
are relocated as a result of the closure or consolidation; and
(ii) The chair, if any, of the local school improvement
council representing a school which is proposed to be closed or
consolidated, and any school which will receive the students who
are relocated as a result of the closure or consolidation; and
(C) Comply with the rule promulgated pursuant to subsection
(b) of this section;
(2) Provide notice for a public hearing. The notice shall be
advertised through a Class III legal advertisement, pursuant to the provisions of article three, chapter fifty-nine of this code for
the three weeks prior to the date of the hearing. The notice shall
contain the time and place of the hearing and the proposed action
of the county board. Additionally, the notice shall contain the
statement that the hearing location is subject to change if at the
time the meeting is called to order, it is determined that the
meeting location is of insufficient size. A copy of the notice
shall be posted at any school which is proposed to be closed or
consolidated, and at any school which will receive the students who
are relocated as a result of the closure or consolidation, in
conspicuous working places for all professional and service
personnel to observe. The notice shall be posted at least thirty
days prior to the date of the hearing;
(3) Conduct a public hearing which meets the following
criteria:
(A) At least a quorum of the county board members and the
county superintendent from the county wherein an affected school is
located shall attend and be present at the public hearing;
(B) Members of the public may be present, submit statements
and testimony, and question county school officials at the public
hearing;
(C) A separate hearing shall be held for each school closed or
consolidated;
(D) More than one hearing may be held during any one day;
(E) The hearing shall be held in a facility of sufficient size to accommodate all those who desire to attend;
(F) If, at the time the hearing is called to order, it is
determined by the board that insufficient space is available to
accommodate all those who desire to attend, the hearing shall be
recessed and moved to a new location of sufficient size to
accommodate all those who desire to attend. If the meeting
location is changed due to insufficient capacity, the county board
shall cause the new meeting location to be posted at the original
meeting location; and
(G) The hearing is subject to the requirements set forth in
the rule promulgated in accordance with subsection (c) of this
section; and
(4) Receive findings and recommendations from any local school
improvement council representing an affected school relating to the
proposed closure or consolidation prior to or at the public
hearing.
(b) The state board shall promulgate a rule, in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code, detailing the type of supporting data a county board
shall include as part of its written statement of reason required
by this section for school closing or consolidation. The rule
shall require at least the following data:
(1) The transportation time of the affected students; and
(2) Any data required by the state board to amend a county's
comprehensive educational facilities plan.
(c) The state board shall promulgate a rule, in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code, that establishes the procedure to be followed by county
boards when conducting a public hearing on the issues of school
consolidation and closing.
(1) The rule shall provide standards for at least the
following:
(A) The appropriate forum and venue for public hearings to be
held;
(B) A process for affording interested parties the opportunity
for their perspectives to be expressed;
(C) Establishing, where necessary, reasonable restrictions on
the amount of time allowed each individual desiring to speak so
that all parties wishing to speak at the hearing are given an equal
amount of time; and
(D) Scheduling and organizing public hearings when more than
one school within a county is proposed for consolidation or
closure.
(2) It is the purpose of this subsection to provide for
uniformity among the counties in the procedures followed when
scheduling, organizing and conducting public hearings on the issues
of school consolidation and closure.
(d) The state board shall promulgate the rules required by
this section by the first day of June, two thousand two.
(e) Any document prepared, notice given, hearing conducted or action taken prior to the effective date of the amendments made to
this section during the two thousand two regular session of the
Legislature, is considered sufficient if the county board complied
with the terms of this section effective at the time and the county
board violates no other provision of law which would invalidate the
document, notice, hearing or actions.
(1) Establishing direct links between the county board and its
local school improvement councils and between the county board and
its faculty senates for the purpose of enabling the county board to
receive information, comments and suggestions directly from the
councils and faculty senates regarding the broad guidelines for
oversight procedures, standards of accountability and planning for
future needs as required by this section. To further development
of these linkages, each county board shall:
(A) Meet at least annually with a quorum of members from each
local school improvement council in the district, at a time and in
a manner to be determined by the county board, except, in order to
facilitate scheduling, the county board may adopt an alternate
procedure allowing it to conduct the required annual meeting with
each council in the absence of a quorum of council members if the
alternate procedure has received prior approval from the state
board and if the school district serves more than twenty thousand
students or has more than twelve public schools.
Nothing in this section prohibits a county board from meeting
with representatives of a local school improvement council, but at
least one annual meeting shall be held, as specified in this
section.
At any time and with reasonable advance notice, county boards
may schedule additional meetings with the council for any low
performing school in the district;
(B) At least thirty days before an annual meeting with each
local school improvement council, develop and submit to the council
an agenda for the annual meeting which requires the council chair
or a member designated by the chair, to address items designated by
the county board from the report created pursuant to this section,
and one or more of the following issues:
(i) School performance;
(ii) Curriculum;
(iii) Status of the school in meeting the unified school
improvement plan established pursuant to section five, article
two-e of this chapter; and
(iv) Status of the school in meeting the county plan
established pursuant to section five, article two-e of this
chapter;
(C) Make written requests for information from the local
school improvement council throughout the year or hold community
forums to receive input from the affected community as the county
board considers necessary; and
(D) Report details to the state board concerning the meeting
or meetings held with councils, as specified in this section. The
information shall be provided to the state board at the conclusion
of the school year, but no later than the first day of September of
each year, and shall become an indicator in the performance
accreditation process for each county. In order to facilitate
development of this report, a county board may consult with and
request assistance from members of the councils.
(2) Providing for the development of direct links between the
county board and the community at large allowing for community
involvement at regular county board meetings and specifying how the
county board will communicate regularly with the public regarding
important issues;
(3) Providing for the periodic review of personnel policies of
the district in order to determine their effectiveness;
(4) Setting broad guidelines for the school district,
including the establishment of specific oversight procedures,
development and implementation of standards of accountability and
development of long-range plans to meet future needs as required by
this section; and
(5) Using school-based accreditation and performance data
provided by the state board and other available data in county
board decisionmaking to meet the education goals of the state and
other goals as the county board may establish.
(b) On or before the first day of August of each year, county school boards shall review the policies listed in subsection (a) of
this section and may modify these policies as necessary.
(b) Persons over the age of twenty-one may enter only those
programs or classes authorized by the state board of education and
deemed appropriate by the county board of education conducting any
such program or class: Provided, That authorization for such
programs or classes shall in no way serve to affect or eliminate
programs or classes offered by county boards of education at the
adult level for which fees are charged to support such programs or
classes.
County boards of education shall annually provide a program,
during at least one noninstructional day of the school term, for
the study of multicultural education for all school personnel as
defined in subsection (a), section one, article one, chapter
eighteen-a of this code. The study provided shall be in compliance
with regulations to be developed by the state board of 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.
Every instructional day in the public schools of this state
shall be commenced with a pledge of allegiance to the flag of the
United States. Pupils who do not wish to participate in this
exercise shall be excused from making such pledge.
(b) County boards of education shall be required, to the
extent funds are provided, to establish programs for the prevention
of child abuse and neglect and child assault. Such programs shall
be provided to pupils, parents and school personnel as deemed
appropriate. Such programs shall be in compliance with regulations
to be developed by the State Board of Education with the advice and
assistance of the state Department of Health and Human Resources
and the West Virginia State Police: Provided, That any such
programs which substantially comply with the regulations adopted by
the board and were in effect prior to the adoption of the
regulations may be continued.
(c) Funds for implementing the child abuse and neglect prevention and child assault prevention programs may be allocated
to the county boards of education from the children's trust fund
established pursuant to the provisions of article six-c, chapter
forty-nine of this code or appropriated for such purpose by the
Legislature.
(d) County boards of education shall request from the State
Criminal Identification Bureau the record of any and all criminal
convictions relating to child abuse, sex-related offenses or
possession of controlled substances with intent to deliver same for
all of its future employees. This request shall be made
immediately after the effective date of this section, and
thereafter as warranted.
(e) Contractors or service providers or their employees may
not make direct, unaccompanied contact with students or access
school grounds unaccompanied when students are present if it cannot
be verified that the contractors, service providers or employees
have not previously been convicted of a qualifying offense, as
defined in section two, article twelve, chapter fifteen of this
code. For the purposes of this section, contractor and service
provider shall be limited to any vendor, individual or entity under
contract with a county school board. County school boards may
require contractors and service providers to verify the criminal
records of their employees before granting the above-mentioned
contact or access. Where prior written consent is obtained, county
school boards may obtain information from the Central Abuse Registry regarding contractors, service providers and their
employees for the purposes of this subsection. Where a contractor
or service provider gives his or her prior written consent, the
county school board also may share information provided by the
Central Abuse Registry with other county school boards for the
purposes of satisfying the requirements of this subsection. The
requirements of this subsection shall not go into effect until the
first day of July, two thousand seven.
Under guidelines established by the department of education in
consultation with the department of health, training programs on
the prevention, transmission, spread and treatment of acquired
immune deficiency syndrome shall be provided by the county boards
as in-service training for all school personnel. The county boards
shall encourage the attendance of parents at these programs and
notify such parents to the fullest extent practicable, including
notification in written form and by publication.
County boards shall conduct a comprehensive study to determine
equality of funding and programs among the various schools within
each county. Such study shall consider issues including, but not
limited to, cost per pupil and availability of curriculum and
programs. County boards shall submit a report to the legislative
oversight commission on education accountability by the first day
of October, one thousand nine hundred ninety-three.
(b) Prior to the admission of a pupil to any public school,
the principal of that school or his or her designee shall consult
the uniform integrated regional computer information system
(commonly known as the West Virginia Education Information System)
described in subsection (f), section twenty-six, article two,
chapter eighteen of this code, to determine whether the pupil
requesting admission is, at the time of the request for admission,
serving a suspension or expulsion from another public school in
West Virginia.
(c) The State Board of Education shall provide for the West
Virginia Education Information System to disallow the recording of
the enrollment of any pupil who is, at the time of attempted enrollment, serving a suspension or expulsion from another public
school in West Virginia, and for that system to notify the user who
has attempted to record the enrollment that the pupil may not be
enrolled, and to notify that user of the reason therefor.
(d) Notwithstanding any other provision of this code to the
contrary, any pupil who has been suspended or expelled from school
pursuant to section one-a, article five, chapter eighteen-a of this
code, or who has been suspended or expelled from a public or
private school in another state, due to actions described in
section one-a, article five, chapter eighteen-a of this code, may
not be admitted to any public school within the state of West
Virginia until the period of suspension or expulsion has expired.
(b) Transfers between counties; legislative findings. --
(1) Transfers of students from one county to another may be
made by the county board of the county in which the student
desiring to be transferred resides. The transfer shall be subject
to the approval of both the board of the county in which the
student resides and the board to which the student wishes to be
transferred.
(2) Legislative findings. -- Over the past several years,
counties have been forced to close a number of schools because of
declining student enrollment. School officials predict that an
additional eighteen percent loss in enrollment may occur between
two thousand two and two thousand twelve. This continued decrease
in the number of students enrolled in the public schools of the state may result in more instances of consolidation which will
increase the problem of long bus rides for students if they remain
in a school in their county of residence.
Therefore the Legislature makes the following findings:
(A) County lines may impede the effective and efficient
delivery of education services;
(B) Students often must endure long bus rides to a school
within their county of residence when a school in an adjacent
county is a fraction of the distance away;
(C) The wishes of parents or guardians to have their children
transferred to a county other than their county of residence should
be considered by the county boards; and
(D) Where counties cannot agree, it is necessary to establish
a process to determine when transfers are appropriate.
(3) The state board shall establish a process whereby a parent
or guardian of a student may appeal the refusal of a county board
to enter into an agreement to transfer or accept the transfer of
the student.
(A) The process shall designate the state superintendent to
hear the appeal. In determining whether to overturn a decision of
a county board, the state superintendent shall consider such
factors as the following:
(i) Travel time for the student;
(ii) Impact on levies or bonds;
(iii) Other financial impact on the county of residence; and
(iv) Such other factors as the state superintendent may
determine.
(B) If, during the appeal process, the state superintendent
discovers that the education and the welfare of students in the
transferring county could be enhanced, the state superintendent may
direct that students may be permitted to attend a school in another
county.
(C) If multiple appeals are received from the same
geographical area of a county, the state superintendent may impose
on the receiving county restrictions including, but not limited to,
requiring the receiving county to accept all students in that
geographical area of the sending county who wish to transfer to the
receiving county.
(D) If a student is transferred on either a full-time or a
part-time basis without the agreement of both boards by official
action as reflected in the minutes of their respective meetings and
if the student's parent or guardian fails to appeal or loses the
appeal under the process established in subdivision (3) of this
subsection, the student shall be counted only in the net enrollment
of the county in which the student resides.
(4) If, after two county boards have agreed to a transfer
arrangement for a student, that student chooses to return to a
school in his or her county of residence after the second month of
any school year, the following shall apply:
(A) The county of residence may issue an invoice to the county from which the student transferred for the amount, determined on a
pro rata basis, that the county of residence otherwise would have
received under the state basic foundation program established in
article nine-a of this chapter; and
(B) The county from which the student transferred shall
reimburse the county of residence for the amount of the invoice.
(c) Transfers between high schools. -- In any county where a
high school is maintained, but topography, impassable roads, long
bus rides or other conditions prevent the practicable
transportation of any students to such high school, the board may
transfer them to a high school in an adjoining county. In any such
case, the county boards may enter into an agreement providing for
the payment of the cost of transportation, if any, of the students.
(d) Transfers between states. -- Transfer of students from
this state to another state shall be upon such terms as shall be
mutually agreed upon by the board of the transferring county and
the authorities of the school to which the transfer is made.
(e) No parent, guardian or person acting as parent or guardian
shall be required to pay for the transfer of a student or for the
tuition of the student after the transfer when such transfer is
carried out under the terms of this section.
Whenever, in the opinion of the board of education of any
county, the education and welfare of a pupil will be enhanced, the
board of education of such county shall have the authority to
transfer any such pupil or pupils on a part-time or full-time basis
from one school district to another school district within the
state: Provided, That the boards of education of both the
transferor and the transferee districts agree to the same by
official action of both boards as reflected in the minutes of their
respective meetings.
Any pupil attending a school in a district of this state
adjacent to the district of residence during the school year one
thousand nine hundred eighty-four--eighty-five, is authorized to
continue such attendance in the adjacent district, and, upon
written request therefor by the parent or guardian, any person who
is entitled to attend the public schools of this state and who
resides in the same household and is a member of the immediate
family of such pupil is authorized to enroll in such adjacent
district. The transferor and transferee school districts shall
effectuate any transfer herein authorized in accordance with the
provisions of this section.
Whenever a pupil is transferred from one school district to
another district on a full-time or part-time basis, the board of
education of the school district in which the pupil is a bona fide
resident shall pay to the board of education of the school district to which the pupil is transferred a tuition that is agreed upon by
both such boards. Tuition for each full-time pupil shall not
exceed the difference between the state aid per pupil received by
the county to which the pupil is transferred and the county cost
per pupil in the county to which said pupil is transferred.
For purposes of net enrollment as defined in section two,
article nine-a of this chapter: (1) Whenever a pupil is
transferred on a full-time basis from one school district to
another district pursuant to the provisions of this section, the
county to which the pupil is transferred shall include such pupil
in its net enrollment; and (2) whenever a pupil is transferred on
a part-time basis from one school district to another school
district pursuant to the provisions of this section, the county in
which the student is a bona fide resident shall count the pupil in
its net enrollment.
(a) All children entering public school for the first time in
this state shall be given prior to their enrollments screening
tests to determine if they might have vision or hearing impairments
or speech and language disabilities. County boards of education
may provide, upon request, such screening tests to all children
entering nonpublic school. County boards of education shall
conduct these screening tests for all children through the use of
trained personnel. Parents or guardians of children who are found
to have vision or hearing impairments or speech and language
disabilities shall be notified of the results of these tests and
advised that further diagnosis and treatment of the impairments or
disabilities by qualified professional personnel is recommended.
(b) County boards of education shall provide or contract with
appropriate health agencies to provide, upon the request of a
parent or guardian residing within the district, developmental
screening for their child or children under compulsory school
attendance age: Provided,
That a county board is not required to
provide such screening to the same child more than once in any one
school year. Developmental screening is the process of measuring
the progress of children to determine if there are problems or
potential problems or advanced abilities in the areas of
understanding language, perception through sight, perception
through hearing, motor development and hand-eye coordination,
health, and psycho-social or physical development. The boards shall coordinate the provision of developmental screening with other
public agencies and the interagency plan for exceptional children
under section eight, article twenty of this chapter to avoid the
duplication of services and to facilitate the referral of children
and their parents or guardians who need other services. The county
boards shall provide notice to the public of the availability of
these services.
(c) The state board of education is hereby authorized to
promulgate rules consistent with this section. The state
superintendent is directed to apply for federal funds, if
available, for the implementation of the requirements of this
section.
(b) Persons employed as kindergarten teachers, as
distinguished from paraprofessional personnel, shall be required to
hold a certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board. The
state board shall establish and prescribe guidelines and criteria
setting forth the minimum requirements for all paraprofessional
personnel employed in kindergarten programs established pursuant to
the provisions of this section and no such paraprofessional
personnel shall be employed in any kindergarten program unless he
meets such minimum requirements.
(c) The state board with the advice of the state
superintendent shall establish and prescribe guidelines and
criteria relating to the establishment, operation and successful
completion of kindergarten programs in accordance with the other
provisions of this section. Guidelines and criteria so established
and prescribed also are intended to serve for the establishment and operation of nonpublic kindergarten programs and shall be used for
the evaluation and approval of such programs by the state
superintendent, provided application for such evaluation and
approval is made in writing by proper authorities in control of
such programs. The state superintendent, annually, shall publish
a list of nonpublic kindergarten programs, including Montessori
kindergartens that have been approved in accordance with the
provisions of this section. Montessori kindergartens established
and operated in accordance with usual and customary practices for
the use of the Montessori method which have teachers who have
training or experience, regardless of additional certification, in
the use of the Montessori method of instruction for kindergartens
shall be considered to be approved.
(d) Pursuant to such guidelines and criteria, and only
pursuant to such guidelines and criteria, the county boards may
establish programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional personnel
in addition to and to supplement regularly certified teachers,
mobile or permanent classrooms and other means developed to best
carry kindergarten to the child in its home and enlist the aid and
involvement of its parent or parents in presenting the program to
the child; or may develop programs of a more formal kindergarten
type, in existing school buildings, or both, as such county board
may determine, taking into consideration the cost, the terrain, the
existing available facilities, the distances each child may be required to travel, the time each child may be required to be away
from home, the child's health, the involvement of parents and such
other factors as each county board may find pertinent. Such
determinations by any county board shall be final and conclusive.
County boards of education shall provide, by the school year
one thousand nine hundred eighty-three--eighty-four, and
thereafter, sufficient personnel, equipment and facilities as will
ensure that each first and second grade classroom, or classrooms
having two or more grades that include either the first or second
grades shall not have more than twenty-five pupils for each teacher
of the grade or grades and shall not have more than twenty pupils
for each kindergarten teacher per session, unless the state
superintendent has excepted a specific classroom upon application
therefor by a county board.
County boards shall provide by the school year one thousand
nine hundred eighty-four--eighty-five, and continue thereafter,
sufficient personnel, equipment and facilities as will ensure that
each third, fourth, fifth and sixth grade classroom, or classrooms
having two or more grades that include one or more of the third,
fourth, fifth and sixth grades, shall not have more than twenty-five pupils for each teacher of the grade or grades.
Beginning with the school year one thousand nine hundred
eighty-six--eighty-seven, and thereafter, no county shall maintain
a greater number of classrooms having two or more grades that
include one or more of the grade levels referred to in this section
than were in existence in said county as of the first day of
January, one thousand nine hundred eighty-three: Provided,
That
for the prior school years, and only if there is insufficient
classroom space available in the school or county, a county may
maintain one hundred ten percent of such number of classrooms.
During the school year one thousand nine hundred eighty-four--eighty-five, and thereafter, the state superintendent is
authorized, consistent with sound educational policy, (a) to permit
on a statewide basis, in grades four through six, more than twenty-five pupils per teacher in a classroom for the purposes of
instruction in physical education, and (b) to permit more than
twenty pupils per teacher in a specific kindergarten classroom and
twenty-five pupils per teacher in a specific classroom in grades
one through six during a school year in the event of extraordinary
circumstances as determined by the state superintendent after
application by a county board of education.
The state board shall establish guidelines for the exceptions
authorized in this section, but in no event shall the
superintendent except classrooms having more than three pupils
above the pupil-teacher ratio as set forth in this section.
The requirement for approval of an exception to exceed the
twenty pupils per kindergarten teacher per session limit or the
twenty-five pupils per teacher limit in grades one through six is
waived in schools where the schoolwide pupil-teacher ratio is
twenty-five or less in grades one through six: Provided,
That a
teacher shall not have more than three pupils above the
teacher/pupil ratio as set forth in this section. Any kindergarten
teacher who has more than twenty pupils per session and any
classroom teacher of grades one through six who has more than
twenty-five pupils shall be paid additional compensation based on
the affected classroom teacher's average daily salary divided by
twenty for kindergarten teachers or twenty-five for teachers of grades one through six for every day times the number of additional
pupils enrolled up to the maximum pupils permitted in the teacher's
classroom. All such additional compensation shall be paid from
county funds exclusively.
Notwithstanding any other provision of this section to the
contrary, commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-four, a teacher in
grades one, two or three or classrooms having two or more such
grade levels, shall not have more than two pupils above the
teacher/pupil ratio as set forth in this section: Provided,
That
commencing with the school year beginning on the first day of July,
one thousand nine hundred ninety-five, such teacher shall not have
more than one pupil above the teacher/pupil ratio as set forth in
this section: Provided, however,
That commencing with the school
year beginning on the first day of July, one thousand nine hundred
ninety-six, such teacher shall not have any pupils above the
teacher/pupil ratio as set forth in this section.
No provision of this section is intended to limit the number
of pupils per teacher in a classroom for the purpose of instruction
in choral, band or orchestra music.
Each school principal shall assign students equitably among
the classroom teachers, taking into consideration reasonable
differences due to subject areas and/or grade levels.
The state board shall collect from each county board of
education information on class size and the number of pupils per
teacher for all classes in grades seven through twelve. The state
board shall report such information to the legislative oversight commission on education accountability before the first day of
January of each year.
(b) Each county board shall provide counseling services for
each pupil enrolled in the public schools of the county.
(c) The school counselor shall work with individual pupils and
groups of pupils in providing developmental, preventive and
remedial guidance and counseling programs to meet academic, social,
emotional and physical needs; including programs to identify and
address the problem of potential school dropouts. The school
counselor also may provide consultant services for parents,
teachers and administrators and may use outside referral services,
when appropriate, if no additional cost is incurred by the county
board.
(d) The state board may adopt rules consistent with the
provisions of this section that define the role of a school
counselor based on the "National Standards for School Counseling
Programs" of the American school counselor association. A school
counselor is authorized to perform such services as are not
inconsistent with the provisions of the rule as adopted by the
state board. To the extent that any funds are made available for
this purpose, county boards shall provide training for counselors and administrators to implement the rule as adopted by the state
board.
(e) Each county board shall develop a comprehensive drop-out
prevention program utilizing the expertise of school counselors and
any other appropriate resources available.
(f) School counselors shall be full-time professional
personnel, shall spend at least seventy-five percent of work time
in a direct counseling relationship with pupils, and shall devote
no more than one fourth of the work day to administrative
activities: Provided, That such activities are counselor related.
(g) Nothing in this section prohibits a county board from
exceeding the provisions of this section, or requires any specific
level of funding by the Legislature.
County boards shall provide by the school year one thousand
nine hundred eighty-nine--ninety, and continuing thereafter,
programs and instructional procedures that recognize the
variability in achievement, development, and background experience
of the early childhood years.
Such programs and instructional procedures may include, but
shall not be limited to, developmental kindergarten, developmental
first grade, early first grade, transitional first grade, and/or
developmental second grade.
Placement of children in any of the aforementioned early
childhood programs shall be based on the judgment of the teacher
and other professional personnel after consultation with the parent
or guardian and in accordance with the evaluation model for
children as set forth in section two, article two-e of this
chapter. Counties may designate one or more classes or schools for
such early childhood programs and may transport children to these
schools.
Provisions shall be made for early childhood teachers to
communicate on a regular basis with other teachers, professional
personnel and representatives of other appropriate agencies.
The state board shall establish and prescribe guidelines and
criteria relating to the establishment, operation and successful
completion of early childhood programs in accordance with the
other provisions of this section and high quality educational
programs.
Acts, 2007 Reg. Sess., Ch. 9.
(1) The effect on student learning of limits on the number of
pupils per teacher in a classroom in elementary classes and in a
middle school format in which students have different teachers for
different subject matter instruction;
(2) The effect on the equity among teachers in a middle school
in which the number of pupils per teacher in a classroom is limited
for some teachers and not for others, including the additional pay
for certain teachers in whose classrooms the limits are exceeded;
and
(3) The effect limits on the number of pupils per teacher in
a classroom have on the ability of school systems to offer elective
courses in secondary schools.
(b) The legislative oversight commission on education
accountability shall issue a report of its findings and
recommendations, together with any legislation necessary to
effectuate its recommendations, on or before the second day of
January, two thousand three. In making its findings and recommendations the commission:
(1) Shall include, at a minimum, a recommendation on whether
the limits on the number of pupils per teacher in a classroom in a
middle school format should be removed or capped on a county-wide
or individual school basis; and
(2) May not include as a recommendation consideration of
imposing limits on the number of pupils per teacher at grade levels
above the sixth grade.
County boards shall have authority to establish and maintain
evening classes or night schools, continuation or part-time day
schools, alternative schools, and vocational schools, wherever
practicable to do so, and shall admit thereto adult persons and all
other persons, including persons of foreign birth. County boards
may admit school-age children and youth to these classes or schools
under the circumstances prescribed by a state board of education
policy governing alternative education programs. County boards
shall have authority to use school funds for the financial support
of such schools and to use the schoolhouses and their equipment for
such purposes. Any such classes of schools shall be conducted in
accordance with the rules of the state board.
County boards shall have authority to provide for the free,
comfortable and convenient use of any school property to promote
and facilitate frequent meetings and associations of the people for
discussion, study, recreation and other community activities, and
may secure, assemble and house material for use in the study of
farm, home and community problems, and may provide facilities for
the dissemination of information useful on the farm, in the home or
in the community.
The board of education of any county shall have authority to
enter into contracts of agreement with authorized officials of the
"war veterans' administration" for the education of veterans in
special classes of the elementary and high schools of the county.
By reason of such contracts, the county board of education shall
have authority to receive tuitions, fees and other forms of
assistance that may now or later be made available by act of the
Congress for the education of war veterans. Any funds so accruing
to such board from tuitions, fees or other forms of financial
assistance shall be credited to the current expense fund of the
county board of education and reported each year as of June
thirtieth in the manner required for other financial reports of the
board.
(a) The board of education of any county shall have authority
to provide classes and programs for adult education and to charge
tuition for members of such classes and/or programs, such tuitions
not to exceed in any case the actual cost of operation of such
classes and/or programs. The county board of education shall also
have authority to enter into contracts of agreement with authorized
agencies of the federal government for the education of adults and
to provide, assemble and house materials and equipment for
efficient instruction in any and all such classes and/or programs,
contract for instruction for the term of the class and/or program
to be offered, and to use school facilities by way of buildings and
equipment under the control of said board. Any funds accruing from
such tuitions shall be credited to adult education in the current
expense fund of the county board of education and reported each
year as of June thirtieth in the manner required for other
financial reports of the board.
(b) Student assistance loans for attendance in adult education
classes and/or programs shall be available in accordance with the
applicable provisions of article twenty-two-d of this chapter to an
eligible student pursuant to regulations promulgated by the state
board of education, who shall administer such loan program as it
relates to adult education classes and/or programs, and who shall
stand in the place of the board of regents for purposes of loans
received pursuant to this section. The limitations on investment provided for in section four of said article twenty-two-d shall
remain in full force and effect.
State board regulations shall be in accordance with the
provisions of article twenty-two-d to the extent practicable,
except that the regulations shall provide for the following:
(1) The eligible student must be a high school graduate or
equivalent or must be eighteen years of age;
(2) Maximum loan amounts and the maximum number of loans
received by any eligible student shall be prescribed by regulation
of the state board;
(3) The loan agreement may provide for the repayment of
interest only until such time as the eligible student is no longer
enrolled in the approved adult education class and/or program.
However, in all cases, repayment of the principal shall commence at
such time as the eligible student is no longer enrolled in the
adult education class or program for which a loan or loans were
received pursuant to this section: Provided, That an eligible
student who enrolls in an institution of higher education
subsequent to such adult education enrollment may defer such
payment until completion or withdrawal from the institution of
higher education; and
(4) Notwithstanding the time in which the eligible lending
institution may provide for the repayment of the loan, the linked
deposit shall be terminated at the maturity date next succeeding
complete repayment or five years after cessation of enrollment,
whichever is sooner.
The state board is not liable to any eligible lending institution in any manner for payment of the principal or interest
on the loan to an eligible student.
(c) The board of education of any county shall have authority
to enter into contracts of agreement with temporary teachers for
the purpose of teaching adult education classes or programs which
do not exceed ninety days or seven hundred twenty hours. The
appointment of a temporary teacher is a contract of agreement for
the duration of the class or program, and the temporary teacher
shall not accrue benefits of retirement, personal leave, medical or
life insurance, seniority rights, or any other provisions relating
to salaries, wages and benefits pursuant to article four, chapter
eighteen-a of this code: Provided, That such temporary appointment
does not preclude the benefits mandated by federal law, workers'
compensation and liability insurance coverage for the duration of
the class or program.
(b) The Legislature finds that:
(1) The General Educational Development (GED) exam is an
implement for success that can transform the future of a graduate;
(2) For an individual who has not attained a high school
diploma, achieving a High School Equivalency Diploma can increase
employment opportunities and earning potential;
(3) Individuals who will benefit from a High School
Equivalency Diploma often lack the credentials necessary for
employment, and therefore lack the resources to afford the costs of
the GED exam; and
(4) Many individuals for whom the GED exam is unattainable are
likely to remain in a state of poverty.
(c) The state board shall develop and administer a program to
provide the GED exam fee for an eligible individual pursuing a High
School Equivalency Diploma. The state board shall promulgate a
rule in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code to implement the program.
(1) The rule shall provide for eligibility requirements as
follows:
(A) Successful completion of a GED preparation program;
(B) Successful completion of the GED Official Practice Test;
(C) Standards for measuring successful completion of the
program and test required by this subdivision;
(D) GED exam registration with a GED testing center that is
approved by the state board; and
(E) Any other requirements established by the state board.
(2) The state board shall provide the GED exam fee directly to
the GED testing center.
(A) Any person, organization or association using school
property for a community activity described in section nineteen of
this article;
(B) Any member, employee or agent of such person, organization
or association; or
(C) Any person attending or participating in the community
activity other than an employee of the board while acting within
the scope of employment.
(2) The limitation of liability extended the board of
education pursuant to this subsection does not apply unless:
(A) The person, organization or association using school
property for a community activity has in effect, at the time of the
act or omission described in subdivision (1) of this subsection, a
contract of insurance which provides general comprehensive
liability coverage of any claim, demand, action, suit or judgment
by reason of alleged negligence or other acts resulting in bodily
injury or property damage to any person arising out of the use of
school property for a community activity described in subdivision
(1) of this subsection;
(B) The contract of insurance provides for the payment of any
attorney fees, court costs and other litigation expenses incurred
by the board in connection with any claim, demand, action, suit or
judgment arising from such alleged negligence or other act; and
(C) The insurance coverage is in the amounts specified in the
provisions of section five-a, article twelve, chapter twenty-nine
of this code.
(3)(A) The insurance described in subdivision (2) of this
subsection may be obtained privately or may be obtained pursuant to
the provisions of this subdivision. If requested by any person,
organization or association seeking such insurance coverage, the
state board of risk and insurance management is authorized to
provide such insurance and to enter into any necessary contract of
insurance to further the intent of this subdivision.
(B) Where provided by the state board of risk and insurance
management, the cost of the insurance, as determined by the such
board, shall be paid by the person, organization or association and
may include administrative expenses. All funds received by such
board shall be deposited with the West Virginia board of
investments for investment purposes.
(C) The state board of risk and insurance management is hereby
authorized and empowered to negotiate and effect settlement of any
and all claims covered by the insurance provided by such board
pursuant to this subdivision to the extent the board is authorized
and empowered to negotiate and effect settlement of claims described in section five, article twelve, chapter twenty-nine of
this code.
(4) As used in this subsection, "organization" or
"association" means a bona fide, not for profit, tax-exempt,
benevolent, educational, philanthropic, humane, patriotic, civic,
eleemosynary, incorporated or unincorporated association or
organization or a rescue unit or other similar volunteer community
service organization or association, but does not include any
nonprofit association or organization, whether incorporated or not,
which is organized primarily for the purposes of influencing
legislation or advocating or opposing the nomination, election or
defeat of any candidate, or the passage or defeat of any issue,
thing or item to be voted upon.
(b) Nothing in this section shall affect the rights, duties,
defenses, immunities or causes of action under other statutes or
the common law of this state which may be applicable to boards of
education.
The board shall have authority to employ during the vacation
period a librarian for any school having a library of one hundred
or more volumes, and to pay such librarian out of the school
funds of the county an amount to be determined by the board. Any
librarian so appointed shall keep the library open at least one
day a week, at which time the patrons and pupils of the school
may draw books from the library under such rules and regulations
for the care and return thereof as the board may prescribe.
In such case, at the commencement of every term, the county
superintendent shall deliver to the teachers of the various
schools the textbooks necessary for the use of the several pupils
enrolled therein for the ensuing term of school and shall take
from them receipts showing the number and kind of textbooks so
received. It shall be the duty of the teachers to take charge of
such textbooks and to distribute them among the pupils of their
schools as needed; and said teachers shall have and exercise
general control of all such textbooks, and at the close of the
school term, and before receiving an order for salary for the
last month of such term, shall collect and gather together all
textbooks so used and deliver them to the county superintendent.
If any of the textbooks delivered to any pupils shall be
unnecessarily injured or destroyed, they shall be replaced by the
pupils who injured or destroyed them.
The board of education of every county shall provide the
textbooks to be used in the free schools for the pupils whose
parents, in the judgment of the board, are unable to provide the
same; such textbooks shall be those adopted by the state board of
education.
The board of education of every county, upon application of
the proper authorities of any private school, may likewise provide
state-adopted textbooks for use of the pupils enrolled therein
whose parents, in the judgment of the board, are unable to provide
same.
In accordance with the provisions of this act the state
superintendent of schools shall distribute among the several
counties of the state each year such amounts of free textbook money
as the Legislature may provide for such distribution. The amount
of money that a county shall so receive shall be determined as
follows:
Each county shall share in state aid for the purchase of
state-adopted textbooks according to the ratio which its total net
enrollment in public schools, grades one to eight inclusive, for
the preceding school year, bears to the total net enrollment in
public schools for the state as a whole, grades one to eight
inclusive, for the preceding year.
The money allocated to a county board of education under this
act shall be kept by such county board in a separate account to be
known as the "free textbook account" and may be used for no other
purpose except as otherwise provided by this section. Any balances
being held in the "textbook aid account," as provided by law, are
by this act authorized and directed to be transferred to said "free
textbook account" to be used in accordance with the provisions of
this act.
After complying with sections twenty-one-a and twenty-one-b of
this article, the county board of education shall use any proceeds
remaining in the "free textbook account" for the purchase
(including replacement and repair) of textbooks for all pupils
enrolled in the public schools of the county, grades one to eight
inclusive, who are not provided with free textbooks under the
requirements of sections twenty-one-a and twenty-one-b of said
article. Such textbooks shall be those adopted by the state board
of education for the elementary schools of the state.
The order of preference used in providing free textbooks for
such pupils shall be either by grade preference in accordance with
the plan as stated in subsection one below, or by subject
preference in accordance with the plan as stated in subsection two
below. The county board of education shall be required to adopt
the one of these plans considered preferable for the county, and shall so advise the state superintendent of schools in writing
before the plan so chosen is made operative through the requisition
or purchase of textbooks in accordance therewith.
(1) In furnishing free textbooks by grade preference, the
order of such preference shall be to begin with grade one and to
continue by consecutive grades to and including grade eight.
(2) In furnishing free textbooks by subject preference, the
order of such preference shall be to begin with the lowest grade
and to continue by consecutive grades through grade eight as
follows: Reading, arithmetic, history, health and elementary
science, music, English, geography, writing, spelling, civics:
Provided, That the order of subject preference as specified in
subsection two above may be changed with prior approval of the
state board of education, upon written application of any county
stating reasons for wishing to make such change.
In any county in which the provisions of sections twenty-one-a, twenty-one-b, and twenty-one-d of this article shall have been
fully complied with, any proceeds yet available in the "free
textbook account" shall be used for the purchase of approved
library books and other supplementary materials for grades one to
eight: Provided, That such purchase shall have the prior approval
of the state board of education.
In providing free textbooks to pupils under the provisions of
this act, the county board of education shall have authority to
purchase state-adopted textbooks from pupils who own them, or from
their parents, at a price commensurate with the usable value of
said books at the time, but in no case to exceed one half the original purchase price of the textbook to the pupil as determined
by reference to the official contract price entered into between
the publisher and the state board of education at the time of
adoption of said textbook. All such purchases shall conform to the
order of preference, either by grade or by subject, adopted by the
county board of education under the provisions of subsection one
and two above of this section for furnishing free textbooks to the
pupils of said county.
Nothing in this act shall be construed to prevent a county
board of education from supplementing its "free textbook account"
with county school funds available for that purpose and so approved
in the annual school budget.
The state board of education shall have authority to prescribe
rules and regulations governing the care, distribution and use of
free textbooks including their rebinding, reconditioning,
replacement, return and storage, and such other measures as may be
necessary for efficient and economical administration.
The state board of education is further authorized to
prescribe and require reports to be made by the various county
boards of education concerning the expenditures and distributions
and conditions of inventories at such time and in such form as the
board may require.
The state superintendent of schools is authorized to withhold
the state allotment of free textbook money from any county for
violation of the rules and regulations herein authorized.
(b) Each county board shall employ full time at least one
school nurse for every one thousand five hundred kindergarten
through seventh grade pupils in net enrollment or major fraction
thereof: Provided, That each county shall employ full time at
least one school nurse: Provided, however, That a county board may
contract with a public health department for services considered
equivalent to those required by this section in accordance with a
plan to be approved by the state board: Provided further, That the
state board shall promulgate rules requiring the employment of
school nurses in excess of the number required by this section to
ensure adequate provision of services to severely handicapped
pupils. An appropriation may be made to the state department to be
distributed to county boards to support school health service needs
that exceed the capacity of staff as mandated in this section.
Each county board shall apply to the state superintendent for
receipt of this funding in a manner set forth by the state superintendent that assesses and takes into account varying acuity
levels of students with specialized health care needs.
(c) Any person employed as a school nurse must be a registered
professional nurse properly licensed by the West Virginia Board of
Examiners for Registered Professional Nurses in accordance with
article seven, chapter thirty of this code.
(d) Specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional may be
performed only by school nurses, other licensed school health care
providers as provided in this section, or school employees who have
been trained and retrained every two years who are subject to the
supervision and approval by school nurses. After assessing the
health status of the individual student, a school nurse, in
collaboration with the student's physician, parents and, in some
instances, an individualized education program team, may delegate
certain health care procedures to a school employee who shall be
trained pursuant to this section, considered competent, have
consultation with, and be monitored or supervised by the school
nurse: Provided, That nothing in this section prohibits any school
employee from providing specialized health procedures or any other
prudent action to aid any person who is in acute physical distress
or requires emergency assistance. For the purposes of this section
"specialized health procedures" means, but is not limited to,
catheterization, suctioning of tracheostomy, naso-gastric tube
feeding or gastrostomy tube feeding. "School employee" means "teachers" as defined in section one, article one of this chapter
and "aides" as defined in section eight, article four, chapter
eighteen-a of this code. Commencing with the school year beginning
on the first day of July, two thousand two, "school employee" also
means "secretary I", "secretary II" and "secretary III" as defined
in section eight, article four, chapter eighteen-a of this code:
Provided, however, That a "secretary I", "secretary II" and
"secretary III" shall be limited to the dispensing of medications.
(e) Any school service employee who elects, or is required by
this section, to undergo training or retraining to provide, in the
manner specified in this section, the specialized health care
procedures for those students for which the selection has been
approved by both the principal and the county board shall receive
additional pay of at least one pay grade higher than the highest
pay grade for which the employee is paid: Provided, That any
training required in this section may be considered in lieu of
required in-service training of the school employee and a school
employee may not be required to elect to undergo the training or
retraining: Provided, however, That commencing with the first day
of July, one thousand nine hundred eighty-nine, any newly employed
school employee in the field of special education is required to
undergo the training and retraining as provided in this section:
Provided further, That if an employee who holds a class title of an
aide is employed in a school and the aide has received the
training, pursuant to this section, then an employee in the field of special education is not required to perform the specialized
health care procedures.
(f) Each county school nurse, as designated and defined by
this section, shall perform a needs assessment. These nurses shall
meet on the basis of the area served by their regional educational
service agency, prepare recommendations and elect a representative
to serve on the council of school nurses established under this
section.
(g) There shall be a council of school nurses which shall be
convened by the State Board of Education. This council shall
prepare a procedural manual and shall provide recommendations
regarding a training course to the Commissioner of the Bureau for
Public Health who shall consult with the State Department of
Education. The state board then has the authority to promulgate a
rule in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code to implement the training and to create
standards used by those school nurses and school employees
performing specialized health procedures. The council shall meet
every two years to review the certification and training program
regarding school employees.
(h) The State Board of Education shall work in conjunction
with county boards to provide training and retraining every two
years as recommended by the Council of School Nurses and
implemented by the rule promulgated by the state board.
All county boards of education shall develop a specific
medication administration policy which establishes the procedure to
be followed for the administration of medication at each school.
No school employee shall be required to administer
medications: Provided, That nothing herein shall prevent any
school employee to elect to administer medication after receiving
training as provided herein: Provided, however, That any school
employee in the field of special education whose employment
commenced on or after the first day of July, one thousand nine
hundred eighty-nine, may be required to administer medications
after receiving training as provided herein.
(1) "Medication" means asthma medicine, prescribed by:
(A) A physician licensed to practice medicine in all its
branches; or
(B) A physician assistant who has been delegated the authority
to prescribe asthma medications by a supervising physician; or
(C) An advanced practice registered nurse who has a written
collaborative agreement with a collaborating physician. Such
agreement shall delegate the authority to prescribe the medications
for a student that pertain to the student's asthma and that have an
individual prescription label.
(2) "Self-administration" or "self-administer" means a
student's discretionary use of prescribed asthma medication.
(b) A student enrolled in a public, private, parochial or
denominational school located within this state may possess and
self-administer asthma medication subject to the following
conditions:
(1) The parents or guardians of the student have provided to
the school:
(A) A written authorization for the self-administration of asthma medication; and
(B) A written statement from the physician or advanced
practice registered nurse which contains the name, purpose,
appropriate usage and dosage of the student's medication and the
time or times at which, or the special circumstances under which,
the medication is to be administered;
(2) The student has demonstrated the ability and understanding
to self-administer asthma medication by:
(A) Passing an assessment by the school nurse evaluating the
student's technique of self-administration and level of
understanding of the appropriate use of the asthma medication; or
(B) In the case of nonpublic schools that do not have a school
nurse, providing to the school from the student's physician or
advanced practice registered nurse written verification that the
student has passed such an assessment; and
(3) The parents or guardians of the student have acknowledged
in writing that they have read and understand a notice provided by
the county board or nonpublic school that:
(A) The school, county school board or nonpublic school and
its employees and agents are exempt from any liability, except for
willful and wanton conduct, as a result of any injury arising from
the self-administration of asthma medication by the student; and
(B) The parents or guardians indemnify and hold harmless the
school, the county board of education or nonpublic school and its
employees or guardians and agents against any claims arising out of the self-administration of the medication by the student.
(c) The information provided to the school pursuant to
subsection (b) of this section shall be kept on file in the office
of the school nurse or, in the absence of a school nurse, in the
office of the school administrator.
(d) Permission for a student to self-administer asthma
medication is effective for the school year for which it is granted
and shall be renewed each subsequent school year if the
requirements of this section are met.
(e) Permission to self-administer medication may be revoked if
the administrative head of the school finds that the student's
technique of self-administration and understanding of the use of
the asthma medication is not appropriate or is willfully
disregarded.
(f) A student with asthma who has met the requirements of this
section may possess and use asthma medication:
(1) In school;
(2) At a school-sponsored activity;
(3) Under the supervision of school personnel; or
(4) Before or after normal school activities, such as before
school or after school care on school operated property.
(g) The state board shall promulgate rules necessary to
effectuate the provisions of this section in accordance with the
provisions of article three-b, chapter twenty-nine-a of this code.
Boards of education shall purchase United States flags, four
by six feet, of regulation bunting, for schools in its district,
and require the flags to be displayed from the schools during the
time the school is in session, except in inclement weather. The
teacher, custodian or other person in charge of the building during
the session is responsible for this flag being displayed at the
school.
Any United States flag or flag of the State of West Virginia
purchased out of the county board building fund must be
manufactured in the United States.
(1) Take the oath prescribed in the constitution before
performing any of the duties of his office;
(2) Attend all board meetings and record its official
proceedings in a book kept for that purpose;
(3) Record the number of each order issued, the name of the
payee, the purpose for which the order was issued, and the amount
thereof. Every order shall be signed by the secretary and the
president of the board;
(4) Care for and keep all papers belonging to the board,
including evidences of title, contracts and obligations. They
shall be kept in the secretary's office, accessibly arranged for
reference;
(5) Record and keep on file all papers and documents
pertaining to the business of the board;
(6) Keep the accounts and certify the reports required by law
or requested by the board;
(7) Administer oaths to school officers, teachers and others
making reports;
(8) Deliver in proper condition to his successor all records
and property pertaining to his office; and
(9) Exercise such other duties as are prescribed by law.
The Legislature finds that school facilities are suitable for
the provision of child day care and that such day care centers are
needed by school personnel and other parents in the school and the
community. Therefore, on or before the first day of April of each
year, each county board of education shall compile a list of
facilities under the jurisdiction of the county board of education
which would have space available for child day care for the benefit
of school employees and others during the next ensuing school year.
Such space shall be made available thereafter for use as a child
day care facility upon the decision of the county board or upon
written request therefor by a duly authorized representative of the
local membership of a statewide association of school personnel, a
parent-teacher association or any other entity recognized by the
county board as suitably responsible for the implementation of such
program in the county until such time as the space is deleted from
the list for good cause shown.
The child care facility shall be operated in accordance with
guidelines to be adopted by a committee appointed by the state
superintendent which shall include representatives of the
legislature, the department of human services, at least two
individuals active in statewide associations of school personnel,
at least two individuals active in parent-teacher associations, and
at least two county school administrators. Such guidelines may
provide that the child day care facility be funded by the parents,
the school personnel or parent-teacher associations, the county
board of education or any combination of funding, including independent or federal funding sources. Within such guidelines and
dependent upon adequate facilities and personnel, any county board
of education may extend use of the child day care facility to other
than school personnel.
Upon decision by the county board and in accordance with state
law, any child care facility operated pursuant to the provisions of
this section may be deemed operated by the county for purposes of
liability and insurance. Personnel hired therefor may be deemed
county school personnel or may be independent contractors pursuant
to a management contract entered into between the county board and
the child care providers. Any parent-teacher association, school
personnel association or other entity involved in implementation of
the program may also be party to such contract.
Schools need not be open for any other purpose for such day
care centers to operate.
Repealed.
Acts, 1933 Ex. Sess., Ch. 8.
Repealed.
Acts, 1933 Ex. Sess., Ch. 8.
Repealed.
Acts, 1933 Ex. Sess., Ch. 8.
Repealed.
Acts, 1933 Ex. Sess., Ch. 8.
Repealed.
Acts, 1983 Reg. Sess., Ch. 70.
(b) The board shall not employ more than one assistant for
each two hundred teachers or major fraction thereof.
(c) The county board, upon the recommendation of the county
superintendent, is authorized to employ general and special
supervisors or directors of instruction and of other educational
activities as may be considered necessary.
(d) The employment of the assistant superintendent shall be on
a twelve-month basis. The period of employment for all others
named herein shall be at the discretion of the county board.
(e) Rules for qualifications of assistant superintendents, and
directors and supervisors of instruction and of other educational
activities shall be fixed by the State Board: Provided, That the
qualifications required for any assistant superintendent shall in
no event be higher than those required for the county
superintendent: Provided, however, That the rules do not affect
the status of any incumbent nor his or her right to succeed himself
or herself in his or her assigned position.
(f) The county board of education is authorized to reimburse the employees for their necessary traveling expenses upon
presentation of a monthly, itemized, sworn statement approved by
the county superintendent.
(g) Any person employed under the foregoing provision of this
section, provided he or she holds a valid teacher's certificate,
shall be given continuing contract status as a teacher and shall
hold that status unless dismissed for statutory reasons.
(h) All acts or parts of acts inconsistent with this section
are hereby repealed.
For the purpose of this section when an employee shall have
attained the age of eighteen years, the said employee may be
eligible to participate in the defined group plans.
A county board of education shall have the authority to offer
a reward for information leading to the arrest and/or conviction of
any person or persons who damage or destroy school property, or who
threaten, offer or attempt to do so.
The state superintendent of schools shall annually report to
the Legislature on the first day of the regular session the
schools exempted for that school term under the provisions of
this section and shall state the reasons for such exemptions:
Provided, That classroom teachers shall not be required to
participate in the operation of the school breakfast program as
part of their regular duties.
(b) The board of any county has the authority to establish a
summer school program utilizing the public school facilities and to
charge tuition for students who attend the summer school. The
tuition may not exceed in any case the actual cost of operation of
the summer school program: Provided, That any deserving pupil
whose parents, in the judgment of the board, are unable to pay the
tuition, may attend the summer school program at a reduced charge
or without charge. The county board may determine the term and
curriculum of the summer schools based upon the particular needs of
the individual county. The curriculum may include, but is not
limited to, remedial instruction, accelerated instruction and the
teaching of manual arts. The term of the summer school program may
not be established in such a manner as to interfere with the
regular school term.
(c) The county boards may employ any certified teacher as
teachers for this summer school program. Certified teachers
employed by the county board to teach in the summer school program
shall be paid an amount to be determined by the county board and
shall enter into a contract of employment in such form as is
prescribed by the county board: Provided, That teachers who teach
summer courses of instruction which are offered for credit and
which are taught during the regular school year shall be paid at
the same daily rate they would receive if paid in accordance with
the then current minimum monthly salary in effect for teachers in
that county.
(d) Any funds accruing from the tuitions shall be credited to
and expended within the existing framework of the general current
expense fund of the county board.
(e) Notwithstanding any other provision of this code to the
contrary, the board shall fill professional positions established
pursuant to the provisions of this section on the basis of
certification and length of time the professional has been employed
in the county's summer school program. In the event that no
employee who has been previously employed in the summer school
program holds a valid certification or licensure, a board shall
fill the position as a classroom teaching position in accordance with section seven-a, article four, chapter eighteen-a of this
code.
(f) Notwithstanding any other provision of the code to the
contrary, the county board may employ school service personnel to
perform any related duties outside the regular school term as
defined in section eight, article four, chapter eighteen-a of this
code. An employee who was employed in any service personnel job or
position during the previous summer shall have the option of
retaining the job or position if the job or position exists during
any succeeding summer. If the employee is unavailable or if the
position is newly created, the position shall be filled pursuant to
section eight-b, article four, chapter eighteen-a of this code.
When any summer employee is absent, qualified regular employees
within the same classification category who are not working because
their employment term for the school year has ended or has not yet
begun the succeeding school employment term, shall be given first
opportunity to substitute for the absent summer employee on a
rotating and seniority basis. When any summer employee who is
employed in a summer position is granted a leave of absence for the
summer months, the board shall give regular employment status to
the employee for that summer position which shall be filled under
the procedure set forth in section eight-b, article four, chapter
eighteen-a of this code. The summer employee on leave of absence has the option of returning to that summer position if the position
exists the succeeding summer or whenever the position is
reestablished if it were abolished. The salary of a summer
employee shall be in accordance with the salary schedule of persons
regularly employed in the same position in the county where
employed and persons employed in those positions are entitled to
all rights, privileges and benefits provided in sections five-b,
eight, eight-a, ten and fourteen, article four, chapter eighteen-a
of this code: Provided, That those persons are not entitled to a
minimum employment term of two hundred days for their summer
position.
(g) If a county board reduces in force the number of employees
to be employed in a particular summer program or classification
from the number employed in that position in previous summers, the
reductions in force and priority in reemployment to that summer
position shall be based upon the length of service time in the
particular summer program or classification.
(h) For the purpose of this section, summer employment for
service personnel includes, but is not limited to, filling jobs and
positions as defined in section eight, article four, chapter
eighteen-a of this code and especially established for and which
are to be predominantly performed during the summer months to meet the needs of a county board.
(a) The state board shall establish guidelines prior to the
first day of January, one thousand nine hundred eighty-nine, for
the operation of public kindergarten and elementary schools on a
semester basis within the applicable provisions of this article and
chapter relating to the school term. Notwithstanding any other
provision of this code to the contrary relating to compulsory
school attendance, any child required or allowed by proximity to
attend a school operated on a semester basis shall be deemed to
have reached compulsory school age and shall enroll as follows:
(1) For the fall semester, in such year when the sixth birthday is
reached on or between the first day of July and the last day of
December, and (2) for the spring semester, when the sixth birthday
is reached on or between the first day of January and the last day
of June of that year: Provided, That the state board shall
establish guidelines for enrollment prior to a child's reaching
compulsory school age. Student progress within and between the
various grade levels shall be determined on a semester by semester
basis, and promotion or assignment to the middle or junior high
school grade levels is conditioned upon completion of either of the
last two semesters offered at the elementary school.
(b) By the school year one thousand nine hundred eighty-nine--ninety, the state board shall select at least four elementary
schools with kindergarten programs which may be operated on a
semester basis upon applications submitted, with preference being
given in such selection to schools in different regional educational service agency areas to the extent reasonable and
practical based on the applications. The operation of these
schools on a semester basis shall be phased in by grade level
beginning with kindergarten and progressing by one additional grade
level in each successive school year until all of the grade levels
offered at that school are operated on a semester basis.
Any regulations adopted under this section shall utilize the
flexibility contained herein so as to provide the students of West
Virginia a more successful educational experience.
(a) No county board of education shall prohibit the use as an
educational resource or teaching device any historical document
related to the founding of the United States of America or any
government publication solely because the document contains a
religious reference or references: Provided, That the use of such
materials must serve a bona fide secular educational purpose which
does not advance or inhibit a religion or particular religious
belief.
(b) (1) As used in subsection (a) of this section, the term
"historical document related to the founding of the United States
of America" shall include, but not be limited to, such documents as
the declaration of independence and the United States constitution.
(2) As used in subsection (a) of this section, the term
"government publication" shall include, but not be limited to, such
documents as decisions of the United States supreme court and acts
of Congress.
(c) In determining the purpose of the use of a document
containing a reference to a deity or a religion, consideration
shall be given to the overall context of the document's use.
(1) The county superintendent, who shall serve as the chair of
the county-wide council on productive and safe schools;
(2) One representative from each local school improvement
council, to be elected by a majority vote of each local school
improvement council;
(3) The prosecuting attorney or his or her designee;
(4) A representative of the department of health and human
resources created pursuant to the provisions of section two,
article one, chapter five-f of this code, to be appointed in a
manner determined by the secretary of the department;
(5) A representative of the law-enforcement agencies situated
in the county in which the school is situated to be recommended by
the county sheriff;
(6) A representative of the county board of education for the
county in which the school is situated to be appointed by the
president of the county board of education;
(7) The county board of education's supervisor of
transportation; and
(8) A representative of the regional comprehensive behavioral
health center as designated by the office of behavioral health
services in which the county school system is situated, to be
appointed by the executive director of the center.
(9) When the members listed in subdivisions (1) through (8) do
not include at least two classroom teachers, then the county
superintendent shall appoint additional members so that at least
two classroom teachers are members of the county-wide council.
(10) When the members listed in subdivisions (1) through (8)
do not include at least two school principals, then the county
superintendent shall appoint additional members so that at least
two school principals are members of the county-wide council.
(b) The county superintendent shall call an organizational
meeting of the council as soon as practicable after the effective
date of this section.
(c) On or before the first day of October, one thousand nine
hundred ninety-five, the council shall compile the local school
improvement council's guidelines developed pursuant to subsection
(f), section two, article five-a of this chapter and shall report
and deliver such guidelines to the county board of education, along
with the council's assessment and recommendations regarding the
guidelines. The council also shall provide a report of the
estimated cost for any proposed alternative settings or programs.
(d) No meetings of the county-wide council shall be held
during instructional time.
county-wide productive and safe school plans to the
West Virginia board of education.
(b) Findings. --
(1) Among other positive outcomes, early childhood education
programs have been determined to:
(A) Improve overall readiness when children enter school;
(B) Decrease behavioral problems;
(C) Improve student attendance;
(D) Increase scores on achievement tests;
(E) Decrease the percentage of students repeating a grade; and
(F) Decrease the number of students placed in special
education programs;
(2) Quality early childhood education programs improve school
performance and low-quality early childhood education programs may
have negative effects, especially for at-risk children;
(3) West Virginia has the lowest percentage of its adult
population twenty-five years of age or older with a bachelor's
degree and the education level of parents is a strong indicator of
how their children will perform in school;
(4) During the 2006-2007 school year, West Virginia ranked
thirty-ninth among the fifty states in the percentage of school
children eligible for free and reduced lunches and this percentage is a strong indicator of how the children will perform in school;
(5) For the school year 2008-2009, thirteen thousand one
hundred thirty-five students were enrolled in prekindergarten, a
number equal to approximately sixty-three percent of the number of
students enrolled in kindergarten;
(6) Excluding projected increases due to increases in
enrollment in the early childhood education program, projections
indicate that total student enrollment in West Virginia will
decline by one percent, or by approximately two thousand seven
hundred four students, by the school year 2012-2013;
(7) In part, because of the dynamics of the state aid formula,
county boards will continue to enroll four-year old students to
offset the declining enrollments;
(8) West Virginia has a comprehensive kindergarten program for
five-year olds, but the program was established in a manner that
resulted in unequal implementation among the counties which helped
create deficit financial situations for several county boards;
(9) Expansion of current efforts to implement a comprehensive
early childhood education program should avoid the problems
encountered in kindergarten implementation;
(10) Because of the dynamics of the state aid formula,
counties experiencing growth are at a disadvantage in implementing
comprehensive early childhood education programs; and
(11) West Virginia citizens will benefit from the
establishment of quality comprehensive early childhood education programs.
(c) Beginning no later than the school year 2012-2013, and
continuing thereafter, county boards shall provide early childhood
education programs for all children who have attained the age of
four prior to September 1 of the school year in which the pupil
enters the early childhood education program.
(d) The program shall meet the following criteria:
(1) It shall be voluntary, except, upon enrollment, the
provisions of section one, article eight of this chapter apply to
an enrolled student; and
(2) It may be for fewer than five days per week and may be
less than full day.
(e) Enrollment of students in Head Start, in any other program
approved by the state superintendent as provided in subsection (k)
of this section shall be counted toward satisfying the requirement
of subsection (c) of this section.
(f) For the purposes of implementation financing, all counties
are encouraged to make use of funds from existing sources,
including:
(1) Federal funds provided under the Elementary and Secondary
Education Act pursuant to 20 U.S.C. §6301, et seq.;
(2) Federal funds provided for Head Start pursuant to 42
U.S.C. §9831, et seq.;
(3) Federal funds for temporary assistance to needy families
pursuant to 42 U.S.C. §601, et seq.;
(4) Funds provided by the School Building Authority pursuant
to article nine-d of this chapter;
(5) In the case of counties with declining enrollments, funds
from the state aid formula above the amount indicated for the
number of students actually enrolled in any school year; and
(6) Any other public or private funds.
(g) Each county board shall develop a plan for implementing
the program required by this section. The plan shall include the
following elements:
(1) An analysis of the demographics of the county related to
early childhood education program implementation;
(2) An analysis of facility and personnel needs;
(3) Financial requirements for implementation and potential
sources of funding to assist implementation;
(4) Details of how the county board will cooperate and
collaborate with other early childhood education programs
including, but not limited to, Head Start, to maximize federal and
other sources of revenue;
(5) Specific time lines for implementation; and
(6) Any other items the state board may require by policy.
(h) A county board shall submit its plan to the Secretary of
the Department of Health and Human Resources. The secretary shall
approve the plan if the following conditions are met:
(1) The county board has maximized the use of federal and
other available funds for early childhood programs;
(2) The county board has provided for the maximum
implementation of Head Start programs and other public and private
programs approved by the state superintendent pursuant to the terms
of subsection (k) of this section; and
(3) If the Secretary of the Department of Health and Human
Resources finds that the county board has not met one or more of
the requirements of this subsection, but that the county board has
acted in good faith and the failure to comply was not the primary
fault of the county board, then the secretary shall approve the
plan. Any denial by the secretary may be appealed to the circuit
court of the county in which the county board is located.
(i) The county board shall submit its plan for approval to the
state board. The state board shall approve the plan if the county
board has complied substantially with the requirements of
subsection (g) of this section and has obtained the approval
required in subsection (h) of this section.
(j) Every county board shall submit its plan for reapproval by
the Secretary of the Department of Health and Human Resources and
by the state board at least every two years after the initial
approval of the plan and until full implementation of the early
childhood education program in the county. As part of the
submission, the county board shall provide a detailed statement of
the progress made in implementing its plan. The standards and
procedures provided for the original approval of the plan apply to
any reapproval.
(k) A county board may not increase the total number of
students enrolled in the county in an early childhood program until
its program is approved by the Secretary of the Department of
Health and Human Resources and the state board.
(l) The state board annually may grant a county board a waiver
for total or partial implementation if the state board finds that
all of the following conditions exist:
(1) The county board is unable to comply either because:
(A) It does not have sufficient facilities available; or
(B) It does not and has not had available funds sufficient to
implement the program;
(2) The county has not experienced a decline in enrollment at
least equal to the total number of students to be enrolled; and
(3) Other agencies of government have not made sufficient
funds or facilities available to assist in implementation.
Any county board seeking a waiver shall apply with the
supporting data to meet the criteria for which they are eligible on
or before March 25 for the following school year. The state
superintendent shall grant or deny the requested waiver on or
before April 15 of that same year.
(m) The provisions of subsections (b), (c) and (d), section
eighteen of this article relating to kindergarten apply to early
childhood education programs in the same manner in which they apply
to kindergarten programs.
(n) Annually, the state board shall report to the Legislative Oversight Commission on Education Accountability on the progress of
implementation of this section.
(o) Except as required by federal law or regulation, no county
board may enroll students who will be less than four years of age
prior to September 1 for the year they enter school.
(p) Neither the state board nor the state department may
provide any funds to any county board for the purpose of
implementing this section unless the county board has a plan
approved pursuant to subsections (h), (i) and (j) of this section.
(q) The state board shall promulgate a rule in accordance with
the provisions of article three-b, chapter twenty-nine-a of this
code for the purposes of implementing the provisions of this
section. The state board shall consult with the Secretary of the
Department of Health and Human Resources in the preparation of the
rule. The rule shall contain the following:
(1) Standards for curriculum;
(2) Standards for preparing students;
(3) Attendance requirements;
(4) Standards for personnel; and
(5) Any other terms necessary to implement the provisions of
this section.
(r) The rule shall include the following elements relating to
curriculum standards:
(1) A requirement that the curriculum be designed to address
the developmental needs of four-year old children, consistent with prevailing research on how children learn;
(2) A requirement that the curriculum be designed to achieve
long-range goals for the social, emotional, physical and academic
development of young children;
(3) A method for including a broad range of content that is
relevant, engaging and meaningful to young children;
(4) A requirement that the curriculum incorporate a wide
variety of learning experiences, materials and equipment, and
instructional strategies to respond to differences in prior
experience, maturation rates and learning styles that young
children bring to the classroom;
(5) A requirement that the curriculum be designed to build on
what children already know in order to consolidate their learning
and foster their acquisition of new concepts and skills;
(6) A requirement that the curriculum meet the recognized
standards of the relevant subject matter disciplines;
(7) A requirement that the curriculum engage children actively
in the learning process and provide them with opportunities to make
meaningful choices;
(8) A requirement that the curriculum emphasize the
development of thinking, reasoning, decisionmaking and
problem-solving skills;
(9) A set of clear guidelines for communicating with parents
and involving them in decisions about the instructional needs of
their children; and
(10) A systematic plan for evaluating program success in
meeting the needs of young children and for helping them to be
ready to succeed in school.
(s) The secretary and the state superintendent shall submit a
report to the Legislative Oversight Commission on Education
Accountability and the Joint Committee on Government and Finance
which addresses, at a minimum, the following issues:
(1) A summary of the approved county plans for providing the
early childhood education programs pursuant to this section;
(2) An analysis of the total cost to the state and county
boards of implementing the plans;
(3) A separate analysis of the impact of the plans on counties
with increasing enrollment; and
(4) An analysis of the effect of the programs on the
maximization of the use of federal funds for early childhood
programs.
The intent of this subsection is to enable the Legislature to
proceed in a fiscally responsible manner, make any necessary
program improvements based on reported information prior to
implementation of the early childhood education programs.
(t) After the school year 2012-2013, on or before July 1 of
each year, each county board shall report the following information
to the Secretary of the Department of Health and Human Resources
and the state superintendent:
(1) Documentation indicating the extent to which county boards are maximizing resources by using the existing capacity of
community-based programs, including, but not limited to, Head Start
and child care; and
(2) For those county boards that are including eligible
children attending approved, contracted community-based programs in
their net enrollment for the purposes of calculating state aid
pursuant to article nine-a of this chapter, documentation that the
county board is equitably distributing funding for all children
regardless of setting.
(1) "Instructional day" means a day within the instructional
term which meets the following criteria:
(A) Instruction is offered to students for at least the
minimum amounts of time provided by state board rule;
(B) Instructional time is used for instruction, cocurricular
activities and approved extracurricular activities and, pursuant to
the provisions of subdivision twelve, subsection (b), section five,
article five-a of this chapter, faculty senates; and
(C) Such other criteria as the state board determines
appropriate.
(2) "Accrued instructional time" means instructional time
accruing during the instructional term from time added to the
instructional day beyond the time required by state board rule for
an instructional day. Accrued instructional time may be
accumulated and used in larger blocks of time during the school
year for instructional or noninstructional activities as further
defined by the state board.
(3) "Extracurricular activities" are activities under the
supervision of the school such as athletics, noninstructional
assemblies, social programs, entertainment and other similar
activities as further defined by the state board.
(4) "Cocurricular activities" are activities that are closely related to identifiable academic programs or areas of study that
serve to complement academic curricula as further defined by the
state board.
(b) Findings. --
(1) The primary purpose of the school system is to provide
instruction for students.
(2) The school calendar, as defined in this section, is
designed to define the school term both for employees and for
instruction.
(3) The school calendar traditionally has provided for one
hundred eighty actual days of instruction but numerous
circumstances have combined to cause the actual number of
instructional days to be less than one hundred eighty.
(4) The quality and amount of instruction offered during the
instructional term is affected by the extracurricular and
cocurricular activities allowed to occur during scheduled
instructional time.
(5) Within reasonable guidelines, the school calendar should
be designed at least to guarantee that one hundred eighty actual
days of instruction are possible.
(c) The county board shall provide a school term for its
schools that contains the following:
(1) An employment term for teachers of no less than two
hundred days, exclusive of Saturdays and Sundays; and
(2) Within the employment term, an instructional term for students of no less than one hundred eighty separate instructional
days, which shall include an icy conditions and emergencies plan
designed to guarantee an instructional term for students of no less
than one hundred eighty separate instructional days.
(d) The instructional term for students shall include one
instructional day in each of the months of October, December,
February, April and June which is an instructional support and
enhancement day scheduled by the board to include both
instructional activities for students and professional activities
for teachers to improve student instruction. Instructional support
and enhancement days are subject to the following provisions:
(1) Two hours of the instructional support and enhancement day
shall be used for instructional activities for students. The
instructional activities for students are subject to the following
provisions:
(A) The instructional activities for students require the
direct supervision or involvement by teachers;
(B) The instructional activities for students shall be limited
to two hours;
(C) The instructional activities for students shall be
determined and scheduled at the local school level;
(D) The instructional activities for students may include, but
are not limited to, both in-school and outside of school activities
such as student mentoring, tutoring, counseling, student research
and other projects or activities of an instructional nature, community service, career exploration, parent and teacher
conferences, visits to the homes of students, college and financial
aid workshops and college visits;
(E) To ensure that the students who attend are properly
supervised, the instructional activities for students shall be
arranged by appointment with the individual school through the
principal, a teacher or other professional personnel at the school;
and
(F) Each school shall establish a policy relating to the use
of the two-hour block scheduled for instructional activities for
students;
(2) The instructional support and enhancement day shall
include a two-hour block of time for professional activities for
teachers during which the faculty senate shall have the opportunity
to meet;
(3) All time remaining in the school day after meeting the
requirements of subdivisions (1) and (2) of this subsection, not
including the duty-free lunch period, shall be used for other
professional activities for teachers to improve student instruction
which may include, but are not limited to, professional staff
development, curriculum team meetings, individualized education
plan meetings and other meetings between teachers, principals,
aides and paraprofessionals to improve student instruction as
determined and scheduled at the local school level;
(4) Notwithstanding any other provision of law or policy to the contrary, the presence of any specific number of students in
attendance at the school for any specific period of time shall not
be required on instructional support and enhancement days and the
transportation of students to the school shall not be required;
(5) Instructional support and enhancement days are also a
scheduled work day for all service personnel and shall be used for
training or other tasks related to their job classification if
their normal duties are not required; and
(6) Nothing in this section may be construed to require that
the instructional activities for students, faculty senate meetings
and other professional activities for teachers be scheduled in any
certain order.
(e) The instructional term shall commence on a date selected
by the county board and terminate on a date selected by the county
board.
(f) Noninstructional days shall total twenty and shall be
comprised of the following:
(1) Seven holidays as specified in section two, article five,
chapter eighteen-a of this code;
(2) Election day as specified in section two, article five,
chapter eighteen-a of this code;
(3) Six days to be designated by the county board to be used
by the employees outside the school environment; and
(4) Six days to be designated by the county board for any of
the following purposes:
(A) Curriculum development;
(B) Preparation for opening and closing school;
(C) Professional development;
(D) Teacher-pupil-parent conferences;
(E) Professional meetings; and
(F) Making up days when instruction was scheduled but not
conducted.
(g) Three of the days described in subdivision (4), subsection
(f) of this section shall be scheduled prior to the commencement of
the instructional term for the purposes of preparing for the
opening of school and staff development.
(h) At least one of the days described in subdivision (4),
subsection (f) of this section shall be scheduled after the
termination of the instructional term for the purpose of preparing
for the closing of school.
(i) At least four of the days described in subdivision (3),
subsection (f) of this section shall be scheduled after March 1.
(j) At least two of the days described in subdivision (4),
subsection (f) of this section will be scheduled for professional
development. The professional development conducted on these days
will be consistent with the goals established by the state board
pursuant to the provisions of section twenty-three-a, article two
of this chapter.
(k) Subject to the provisions of subsection (h) of this
section, all noninstructional days will be scheduled prior to the termination of the instructional term.
(l) The state board may not schedule the primary statewide
assessment program prior to May 15 of the instructional year unless
the state board determines that the nature of the test mandates an
earlier testing date.
(m) If, on or after March 1, the county board determines that
it is not possible to complete one hundred eighty separate days of
instruction, the county board shall schedule instruction on any
available noninstructional day, regardless of the purpose for which
the day originally was scheduled, and the day will be used for
instruction, subject to the following:
(1) The noninstructional days scheduled for professional
development shall be the last available noninstructional days to be
rescheduled as instructional days;
(2) On or after March 1, the county board also may require
additional minutes of instruction in the school day to make up for
lost instructional days in excess of the days available through
rescheduling and, if in its judgment it is reasonable and necessary
to improve student performance, to avoid scheduling instruction on
noninstructional days previously scheduled for professional
development; and
(3) The provisions of this subsection do not apply to:
(1) Holidays; and
(2) Election day.
(n) The following applies to accrued instructional time:
(1) Except as provided in subsection (m) of this section,
accrued instructional time may not be used to avoid one hundred
eighty separate days of instruction;
(2) Accrued instructional time may not be used to lengthen the
time provided in law for faculty senates;
(3) The use of accrued instructional time for extracurricular
activities will be limited by the state board;
(4) Accrued instructional time may be used by schools and
counties to provide additional time for professional staff
development and continuing education as may be needed to improve
student performance and meet the requirements of the federal
mandates affecting elementary and secondary education. The amount
of accrued instructional time used for this purpose may not exceed
three instructional days; and
(5) Other requirements or restrictions the state board may
provide in the rule required to be promulgated by this section.
(o) The following applies to cocurricular activities:
(1) The state board shall determine what activities may be
considered cocurricular;
(2) The state board shall determine the amount of
instructional time that may be consumed by cocurricular activities;
and
(3) Other requirements or restrictions the state board may
provide in the rule required to be promulgated by this section.
(p) The following applies to extracurricular activities:
(1) Except as provided by subdivision (3) of this subsection,
extracurricular activities may not be scheduled during
instructional time;
(2) The use of accrued instructional time for extracurricular
activities will be limited by the state board; and
(3) The state board shall provide for the attendance by
students of certain activities sanctioned by the Secondary School
Activities Commission when those activities are related to
statewide tournaments or playoffs or are programs required for
Secondary School Activities Commission approval.
(q) Noninstructional interruptions to the instructional day
shall be minimized to allow the classroom teacher to teach.
(r) Nothing in this section prohibits establishing year-round
schools in accordance with rules to be established by the state
board.
(s) Prior to implementing the school calendar, the county
board shall secure approval of its proposed calendar from the state
board or, if so designated by the state board, from the state
superintendent.
(t) The county board may contract with all or part of the
personnel for a longer term.
(u) The minimum instructional term may be decreased by order
of the state superintendent in any county declared a federal
disaster area and where the event causing the declaration is
substantially related to a reduction of instructional days.
(v) Where the employment term overlaps a teacher's or service
personnel's participation in a summer institute or institution of
higher education for the purpose of advancement or professional
growth, the teacher or service personnel may substitute, with the
approval of the county superintendent, the participation for up to
five of the noninstructional days of the employment term.
(w) The state board shall promulgate a rule in accordance with
the provisions of article three-b, chapter twenty-nine-a of this
code for the purpose of implementing the provisions of this
section.
(1) The building is within the identified special flood hazard
area which is the area on a flood hazard boundary map or a flood
insurance rate map that is identified as an "A zone", a numbered "A
zone" or an "AE zone" or regulatory one hundred year floodplain and
the building has a replacement value that is greater than three
hundred thousand dollars; or
(2) The building has been damaged in a previous flood and
flood insurance is required by the Federal Emergency Management
Agency.
(b) Each county board also shall maintain flood insurance on
the contents of each insurable building that it owns and that meets
one or both of the requirements set forth in subsection (a) of this
section.
(c) The buildings and the contents of those buildings required
to be insured by this section shall be insured at the maximum
amounts available through the National Flood Insurance Program or
the estimated replacement value of the structure and contents,
whichever is less.
(1) "Energy-conservation measures" means goods or services, or
both, to reduce energy consumption operating costs of school
facilities. These include, but are not limited to, installation of
two or more of the following:
(A) Insulation of a building structure and systems within a
building;
(B) Storm windows or doors, caulking or weather stripping,
multi-glazed windows or doors, heat-absorbing or heat-reflective
glazed and coated window or door systems or other window or door
modifications that reduce energy consumption;
(C) Automatic energy control systems;
(D) Heating, ventilating or air conditioning systems,
including modifications or replacements;
(E) Replacement or modification of lighting fixtures to
increase energy efficiency;
(F) Energy recovery systems;
(G) Co-generation systems that produce steam or another form
of energy for use by the county board of education in a building or
complex of buildings owned by the Board of Education; or
(H) Energy-conservation maintenance measures that provide
long-term operating cost reductions of the building's present cost
of operation.
(2) "Energy-savings contract" means a contract for the evaluation and recommendation of energy operations conservation
measures and for implementation of one or more such measures. The
contract shall provide that payments, except obligations upon
termination of the contract before its expiration, are to be made
over time. A county board of education may supplement these
payments with federal, state or local funds to reduce the annual
cost or to lower the initial amount to be financed.
(3) "Qualified provider" means a person, firm or corporation
experienced in the design, implementation and installation of
energy-conservation measures.
(b) County boards of education are hereby authorized to enter
into performance-based contracts with qualified providers of
energy-conservation measures for the purpose of reducing energy
operating costs of school buildings.
(c) A board of education may enter into an energy-savings
contract with a qualified provider to significantly reduce energy
operating costs. Before entering into such a contract or before
the installation of equipment, modifications or remodeling to be
furnished under such a contract, the qualified provider shall first
issue a proposal summarizing the scope of work to be performed.
Such a proposal shall contain estimates of all costs of
installation, modifications or remodeling including the costs of
design, engineering, installation, maintenance, repairs or debt
service as well as estimates of the amounts by which energy
operating costs will be reduced. If the board finds, after receiving the proposal, that the proposal includes more than one
energy-conservation measure designed to save energy operating
costs, the board may enter into a contract with the provider
pursuant to this section.
(d) An energy-savings contract shall include the following:
(1) A guarantee of a specific minimum amount of money that the
board will save in energy operating costs each year during the term
of the contract; and
(2) A statement of all costs of energy-conservation measures
including the costs of design, engineering, installation,
maintenance, repairs and operations.
(e) An energy-savings contract which is performance-based and
includes a guarantee of savings and a comprehensive approach of
energy-conservation measures for improving comfort is subject to
competitive bidding requirements. The requirements of article
five-a, chapter twenty-one of this code as to prevailing wage rates
shall apply to the construction and installation work performed
under such a contract.
(f) A board may enter into a "lease with an option to
purchase" contract for the purchase and installation of
energy-conservation measures if the term of the lease does not
exceed fifteen years and the lease contract includes the provisions
hereinafter contained in subsection (g) and meets federal tax
requirements for tax-exempt municipal leasing or long-term
financing.
(g) An energy-savings contract may extend beyond the fiscal
year in which it first becomes effective except that such a
contract may not exceed a fifteen-year term and shall be void
unless such agreement provides the board the option to terminate
the agreement during each fiscal year of the contract. The board
may include in its annual budget for each fiscal year any amounts
payable under long-term energy-savings contracts during that fiscal
year.
(h) Nothing contained in this section requires or permits the
replacement of jobs performed by service personnel employed by the
local school board pursuant to sections eight and eight-a, article
four, chapter eighteen-a of the code, as amended.
The intent of this article is to facilitate and encourage the
involvement of the school community in the operation of the local
schools to improve educational quality. This article is intended
to establish processes at each school which provide opportunities
for involvement of the school community in the operation of the
local schools and to support local initiatives to improve school
performance. It is not the intent of this article to restrict the
ability of the county board of education in its efforts to effect
county-wide school improvements.
(1) The principal, who serves as an ex officio member of the
council and is entitled to vote;
(2) Three teachers elected by the faculty senate of the
school;
(3) One bus operator who transports students enrolled at the
school and one school service person, each elected by the school
service personnel employed at the school;
(4) Three parent(s), guardian(s) or custodian(s) of students
enrolled at the school elected by the parent(s), guardian(s) or
custodian(s) members of the school's parent teacher organization.
If there is no parent teacher organization, the parent(s),
guardian(s) or custodian(s) members shall be elected by the
parent(s), guardian(s) or custodian(s) of students enrolled at the
school in such manner as may be determined by the principal;
(5) Two at-large members appointed by the principal, one of
whom resides in the school's attendance area and one of whom
represents business or industry, neither of whom is eligible for
membership under any of the other elected classes of members;
(6) In the case of vocational-technical schools, the
vocational director. If there is no vocational director, then the
principal may appoint no more than two additional representatives,
one of whom represents business and one of whom represents industry;
(7) In the case of a school with students in grade seven or
higher, the student body president or other student in grade seven
or higher elected by the student body in those grades.
(b) Under no circumstances may more than one parent member of
the council be then employed at that school in any capacity.
(c) The principal shall arrange for such elections to be held
prior to the fifteenth day of September of each school year to
elect a council and shall give notice of the elections at least one
week prior to the elections being held. To the extent practicable,
all elections to select council members shall be held within the
same week.
(d) Parent(s), guardian(s) or custodian(s), teachers and
service personnel elected to the council shall serve a two-year
term and elections shall be arranged in such a manner that no more
than two teachers, no more than two parent(s), guardian(s) or
custodian(s) and no more than one service person are elected in a
given year. All other non-ex officio members shall serve one-year
terms.
(e) Council members may only be replaced upon death,
resignation, failure to appear at three consecutive meetings of the
council for which notice was given, or a change in personal
circumstances so that the person is no longer representative of the
class of members from which appointed. In the case of a vacancy in
an elected position, the chair of the council shall appoint another qualified person to serve the unexpired term of the person being
replaced or, in the case of an appointed member of the council, the
principal shall appoint a replacement as soon as practicable.
(f) As soon as practicable after the election of council
members, and no later than the first day of October of each school
year, the principal shall convene an organizational meeting of the
school improvement council. The principal shall notify each member
in writing at least two employment days in advance of the
organizational meeting. At this meeting, the principal shall
provide each member with the following:
(1) A copy of the current applicable sections of this code;
(2) Any state board rule or regulation promulgated pursuant to
the operation of these councils; and
(3) Any information as may be developed by the department of
education on the operation and powers of local school improvement
councils and their important role in improving student and school
performance and progress.
(g) The council shall elect from its membership a chair and
two members to assist the chair in setting the agenda for each
council meeting. The chair shall serve a term of one year and a
person may not serve as chair for more than two consecutive terms.
If the chair's position becomes vacant for any reason, the
principal shall call a meeting of the council to elect another
qualified person to serve the unexpired term. Once elected, the
chair is responsible for notifying each member of the school improvement council in writing two employment days in advance of
any council meeting.
(h) School improvement councils shall meet at least once every
nine weeks or equivalent grading period at the call of the chair or
by three fourths of its members.
(1) The school improvement council shall schedule any meeting
that involves the issue of student discipline pursuant to
subdivision (2), subsection (l) of this section, outside the
regularly scheduled working hours of any school employee member of
the council.
(2) The school improvement council annually shall conduct a
meeting to engage parents, students, school employees and other
interested parties in a positive and interactive dialogue regarding
effective discipline policies. The meeting shall afford ample time
for the dialogue and comply with any applicable provision of state,
federal or county board policy, rule or law, as appropriate,
regarding student privacy rights.
(i) The local school improvement council shall meet at least
annually with the county board, in accordance with the provisions
in section fourteen, article five of this chapter. At this annual
meeting, the local school improvement council chair, or another
member designated by the chair, shall be prepared to address any
matters as may be requested by the county board as specified in the
meeting agenda provided to the council and may further provide any
other information, comments or suggestions the local school improvement council wishes to bring to the county board's
attention. Anything presented under this subsection shall be
submitted to the county board in writing.
(j) School improvement councils shall be considered for the
receipt of school of excellence awards under section three of this
article and competitive grant awards under section twenty-nine,
article two of this chapter and may receive and expend such grants
for the purposes provided in such section. In any and all matters
which may fall within the scope of both the school improvement
councils and the school curriculum teams authorized in section five
of this article, the school curriculum teams have jurisdiction.
(k) In order to promote innovations and improvements in the
environment for teaching and learning at the school, a school
improvement council shall receive cooperation from the school in
implementing policies and programs it may adopt to:
(1) Encourage the involvement of parent(s), guardian(s) or
custodian(s) in their child's educational process and in the
school;
(2) Encourage businesses to provide time for their employees
who are parent(s), guardian(s) or custodian(s) to meet with
teachers concerning their child's education;
(3) Encourage advice and suggestions from the business
community;
(4) Encourage school volunteer programs and mentorship
programs; and
(5) Foster utilization of the school facilities and grounds
for public community activities.
(l) Each local school improvement council annually shall
develop and deliver a report to the countywide council on
productive and safe schools. The report shall include:
(1) Guidelines for the instruction and rehabilitation of
students who have been excluded from the classroom, suspended from
the school or expelled from the school, the description and
recommendation of in-school suspension programs, a description of
possible alternative settings, schedules for instruction and
alternative education programs and an implementation schedule for
such guidelines. The guidelines shall include the following:
(A) A system to provide for effective communication and
coordination between school and local emergency services agencies;
(B) A preventive discipline program which may include the
responsible students program devised by the West Virginia board of
education as adopted by the county board, pursuant to the
provisions of subsection (e), section one, article five, chapter
eighteen-a of this code; and
(C) A student involvement program, which may include the peer
mediation program or programs devised by the West Virginia board of
education as adopted by the county board, pursuant to the
provisions of subsection (e), section one, article five, chapter
eighteen-a of this code; and
(2) The local school improvement council's findings regarding its examination of the following, which also shall be reported to
the county superintendent:
(A) Disciplinary measures at the school; and
(B) The fairness and consistency of disciplinary actions at
the school. If the council believes that student discipline at the
school is not enforced fairly or consistently, it shall transmit
that determination in writing, along with supporting information,
to the county superintendent. Within ten days of receiving the
report, the superintendent, or designee, shall respond in writing
to the council. The county board shall retain and file all such
correspondence and maintain it for public review.
(C) Any report or communication made as required by this
subdivision shall comply with any applicable provision of state,
federal or county board policy, rule or law, as appropriate,
regarding student privacy rights.
(m) The council may include in its report to the county-wide
council on productive and safe schools provisions of the State
Board of Education policy 4373, student code of conduct, or any
expansion of such policy which increases the safety of students in
schools in this state and is consistent with the policies and other
laws of this state.
(n) Councils may adopt their own guidelines established under
this section. In addition, the councils may adopt all or any part
of the guidelines proposed by other local school improvement
councils, as developed under this section, which are not inconsistent with the laws of this state, the policies of the West
Virginia Board of Education or the policies of the county board.
(o) The State Board of Education shall provide assistance to
a local school improvement council upon receipt of a reasonable
request for that assistance. The state board also may solicit
proposals from other parties or entities to provide orientation
training for local school improvement council members and may enter
into contracts or agreements for that purpose. Any training for
members shall meet the guidelines established by the state board.
The intent of this section is to establish a mechanism which
allows local school level initiatives to be designed and
implemented to meet local school needs and circumstances. In
accordance with this intent, a local school improvement council
established under the provisions of this article may propose
alternatives to the operation of the public school which
alternatives will meet or exceed the high quality standards
established by the state board and will increase administrative
efficiency, enhance the delivery of instructional programs, promote
community involvement in the local school system or improve the
educational performance of the school generally. The proposal of
the council shall set forth the objective or objectives to be
accomplished under the proposal, how the accomplishment of such
objective or objectives will meet or exceed the standards
established by the state board, the indicators upon which the
meeting of such standards should be judged and a projection of any
funds to be saved by the proposal and how such funds will be
reallocated within the school. The alternatives proposed by the
council may include matters which require the waiver of policies or
rules promulgated by the state or county board and state
superintendent interpretations: Provided,
That such request for
waiver be submitted to the appropriate board adopting said rule or
policy and that board may approve the waiver. When a county board
does not act within two months after receiving a request for waiver of a county board policy or rule or disapproves such a request, the
local school improvement council may seek an advisory opinion from
the state board regarding the waiver request. The county board
shall furnish the state board with copies of all waiver requests
together with their response thereto: Provided, however,
That when
a local school improvement council votes to waive a state
superintendent's interpretation, the state superintendent need only
be notified that the local council intends to waive the state
superintendent's interpretation: Provided further,
That
notwithstanding any other provisions of the law to the contrary,
council is not prohibited from permitting off-site classrooms to be
developed in conjunction with local businesses if those sites have
met the requirements established by the local board and if sites
are located off campus. For an alternative to be proposed, at
least two thirds of the members must vote in favor thereof: And
provided further,
That if the alternative to be proposed relates to
a waiver of policies or rules promulgated by the state or county
board and state superintendent interpretations affecting employees,
then prior to the proposal of the alternative, a majority of the
local affected employee group involved must agree.
A council may also submit a written statement, with supporting
reasons, to the legislative oversight commission on education
accountability recommending a waiver of a statute or legislative
rule, which the commission shall review and determine whether a
recommendation should be made to the Legislature to waive such
statute or rule.
When a council decides to propose an alternative, it shall forward a copy of the proposal to the state board and the affected
local board. The state board shall acknowledge receipt of the
proposed alternative, promptly review the proposed alternative in
consultation with the county board or their agents and, in its
discretion, approve implementation of the alternative or reply to
the council within a reasonable time as to its reasons for not
approving the proposed alternative. If the state board approves a
proposed alternative, the state board shall provide appropriate
notice to the local school improvement council and the county board
and shall establish a process for evaluation of the operation of
the alternative. Approval for the operation of the alternative may
be continued or revoked at any time based on the results and
findings of the evaluation.
The state board shall submit a report to the legislative
oversight commission on education accountability and the governoron the first day of September of each year summarizing the proposed
alternatives received, approved or rejected, continued or revoked
during the preceding school year and the results and findings of
the evaluations. The report shall specifically identify all
policy, rule, and interpretation waiver requests including those
requests made to county boards by local school improvement councils
received during the preceding year and the disposition of each.
Each year, the state board shall select one high school, one
middle or junior high school and one elementary school within each
regional educational service agency district, and one vocational
school selected on a statewide basis to be awarded school of
excellence status.
The rules promulgated by the state board shall outline
appropriate methods of recognizing and honoring the students,
teachers and other employees and parents or members of the school
community who have contributed to excellence in education at the
school.
(b) In addition to any other powers and duties conferred by
law, or authorized by policies adopted by the state or county board
of education or bylaws which may be adopted by the faculty senate
not inconsistent with law, the powers and duties listed in this
subsection are specifically reserved for the faculty senate. The
intent of these provisions is neither to restrict nor to require
the activities of every faculty senate to the enumerated items
except as otherwise stated. Each faculty senate shall organize its
activities as it deems most effective and efficient based on school
size, departmental structure and other relevant factors.
(1) Each faculty senate shall control funds allocated to the
school from legislative appropriations pursuant to section nine,
article nine-a of this chapter. From such funds, each classroom
teacher and librarian shall be allotted $100 for expenditure during
the instructional year for academic materials, supplies or
equipment which, in the judgment of the teacher or librarian, will
assist him or her in providing instruction in his or her assigned
academic subjects or shall be returned to the faculty senate:
Provided, That nothing contained herein prohibits the funds from
being used for programs and materials that, in the opinion of the
teacher, enhance student behavior, increase academic achievement,
improve self-esteem and address the problems of students at-risk. The remainder of funds shall be expended for academic materials,
supplies or equipment in accordance with a budget approved by the
faculty senate. Notwithstanding any other provisions of the law to
the contrary, funds not expended in one school year are available
for expenditure in the next school year: Provided, however, That
the amount of county funds budgeted in a fiscal year may not be
reduced throughout the year as a result of the faculty
appropriations in the same fiscal year for such materials, supplies
and equipment. Accounts shall be maintained of the allocations and
expenditures of such funds for the purpose of financial audit.
Academic materials, supplies or equipment shall be interpreted
broadly, but does not include materials, supplies or equipment
which will be used in or connected with interscholastic athletic
events.
(2) A faculty senate may establish a process for faculty
members to interview new prospective professional educators and
paraprofessional employees at the school and submit recommendations
regarding employment to the principal, who may also make
independent recommendations, for submission to the county
superintendent: Provided, That such process shall be chaired by
the school principal and must permit the timely employment of
persons to perform necessary duties.
(3) A faculty senate may nominate teachers for recognition as
outstanding teachers under state and local teacher recognition
programs and other personnel at the school, including parents, for recognition under other appropriate recognition programs and may
establish such programs for operation at the school.
(4) A faculty senate may submit recommendations to the
principal regarding the assignment scheduling of secretaries,
clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the
principal regarding establishment of the master curriculum schedule
for the next ensuing school year.
(6) A faculty senate may establish a process for the review
and comment on sabbatical leave requests submitted by employees at
the school pursuant to section eleven, article two of this chapter.
(7) Each faculty senate shall elect three faculty
representatives to the local school improvement council established
pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election to
the county staff development council pursuant to section eight,
article three, chapter eighteen-a of this code.
(9) Each faculty senate shall have an opportunity to make
recommendations on the selection of faculty to serve as mentors for
beginning teachers under beginning teacher internship programs at
the school.
(10) A faculty senate may solicit, accept and expend any
grants, gifts, bequests, donations and any other funds made
available to the faculty senate: Provided, That the faculty senate
shall select a member who has the duty of maintaining a record of all funds received and expended by the faculty senate, which record
shall be kept in the school office and is subject to normal
auditing procedures.
(11) Any faculty senate may review the evaluation procedure as
conducted in their school to ascertain whether the evaluations were
conducted in accordance with the written system required pursuant
to section twelve, article two, chapter eighteen-a of this code and
the general intent of this Legislature regarding meaningful
performance evaluations of school personnel. If a majority of
members of the faculty senate determine that such evaluations were
not so conducted, they shall submit a report in writing to the
State Board of Education: Provided, That nothing herein creates
any new right of access to or review of any individual's
evaluations.
(12) A local board shall provide to each faculty senate a two-
hour block of time for a faculty senate meeting on a day scheduled
for the opening of school prior to the beginning of the
instructional term, and a two-hour block of time on each
instructional support and enhancement day scheduled by the board
for instructional activities for students and professional
activities for teachers pursuant to section forty-five, article
five of this chapter. A faculty senate may meet for an unlimited
block of time per month during noninstructional days to discuss and
plan strategies to improve student instruction and to conduct other
faculty senate business. A faculty senate meeting scheduled on a noninstructional day shall be considered as part of the purpose for
which the noninstructional day is scheduled. This time may be
utilized and determined at the local school level and includes, but
is not limited to, faculty senate meetings.
(13) Each faculty senate shall develop a strategic plan to
manage the integration of special needs students into the regular
classroom at their respective schools and submit the strategic plan
to the superintendent of the county board of education periodically
pursuant to guidelines developed by the State Department of
Education. Each faculty senate shall encourage the participation
of local school improvement councils, parents and the community at
large in developing the strategic plan for each school.
Each strategic plan developed by the faculty senate shall
include at least: (A) A mission statement; (B) goals; (C) needs;
(D) objectives and activities to implement plans relating to each
goal; (E) work in progress to implement the strategic plan; (F)
guidelines for placing additional staff into integrated classrooms
to meet the needs of exceptional needs students without diminishing
the services rendered to the other students in integrated
classrooms; (G) guidelines for implementation of collaborative
planning and instruction; and (H) training for all regular
classroom teachers who serve students with exceptional needs in
integrated classrooms.
(b) The purposes of this section are to implement the
following goals:
(1) Provide professional opportunities for teachers,
administrators and other school personnel that allow them to have
a direct voice in the operation of their schools and to create a
culture of shared decision-making focused on the ultimate goal of
raising student achievement;
(2) Encourage the use of different, high-quality models of
teaching, scheduling and other aspects of educational delivery that
meet a variety of student needs;
(3) Increase high-quality educational opportunities for all
students that close achievement gaps between high-performing and
low-performing groups of public school students; and
(4) Provide public schools with increased school-level freedom
and flexibility to achieve these purposes when they have achieved
exceptional levels of results-driven accountability.
(c) Powers and duties of the school curriculum team. --
(1) Establish for use at the school the programs and methods
to be used to implement a curriculum based on state-approved
content standards that meet the needs of students at the individual
school.
(A) The curriculum shall focus on reading, composition,
mathematics, science and technology.
(B) The curriculum thus established shall be submitted to the
county board which may approve for implementation at the school or
may return to the curriculum team for reconsideration.
(2) Review the list of other, non-required testing and
assessment instruments provided by the state board through the
statewide assessment program as provided in section five, article
two-e of this chapter. The curriculum team may select one or more
tests or assessment instruments that are applicable to the grade
levels at the school for use at the school to improve student
learning.
(3) Establish for use at the school the assessments,
instructional strategies and programs that it determines are best
suited to promote student achievement and to achieve content
standards for courses required by the state board. The curriculum
team shall submit the established assessments, instructional strategies and programs to the county board which shall approve the
recommendations for implementation at the school or shall return
them to the curriculum team for reconsideration.
(d) Notwithstanding subsection (c) of this section, the school
curriculum team established at a school that has achieved adequate
yearly progress or has achieved an accreditation status of
distinction or exemplary in accordance with section five, article
two-e of this chapter, may use the assessments and implement the
instructional strategies and programs consistent with the approved
curriculum that it determines are best suited to promote student
achievement at the school.
(1) The school may not be required to assess students using
any specific assessment except the state summative assessment known
as the WESTEST2 or any successor tests, the Alternative Performance
Task Assessment, the Online Writing Assessment, and the National
Assessment of Educational Progress (NAEP); and
(2) The school may not be required to employ any specific
instructional strategy or program to achieve content standards for
courses required by the state board, except as approved by the
school curriculum team.
(e) If a school fails to achieve adequate yearly progress or
if it receives any school approval level other than distinction or
exemplary as set forth in section five, article two-e of this
chapter, the curriculum team may not exercise the options provided
in subsections (d) and (i) of this article until the school has regained one or more of these credentials.
(f) Nothing in this section exempts a school from assessments
required by statute or state board policy including, but not
limited to, the state summative assessment known as the WESTEST2 or
any successor tests, the Alternative Performance Task Assessment,
the Online Writing Assessment, and the National Assessment of
Educational Progress (NAEP).
(g) The school curriculum team may apply for a waiver for
instructional resources approved and adopted pursuant to article
two-a of this chapter if, in the judgment of the team, the
instructional resources necessary for the implementation of the
instructional strategies and programs best suited to teach the
school's curriculum are not available through the normal adoption
process.
(h) The school curriculum team may apply for a grant from the
state board to develop and/or implement remedial and accelerated
programs to meet the needs of the students at the individual
school.
(i) Process for teacher collaboration. --
(1) Notwithstanding the application and approval process
established by article five-c of this chapter, at a school that has
achieved adequate yearly progress or has achieved a school
accreditation status of distinction or exemplary in accordance with
section five, article two-e of this chapter, the faculty senate,
with approval of the principal, may establish a process for teacher collaboration to improve instruction and learning.
(A) The collaborative process may be established in addition
to, or as an alternative to, the school curriculum team provided
for in subsection (a) of this section.
(B) The mission of the collaboration process is to review
student academic performance based on multiple measures, to
identify strategies to improve student performance and make
recommendations for improvement to be implemented subject to
approval of the principal.
(C) The teacher collaborative includes members the faculty
senate determines are necessary to address the needed improvements
in the academic performance of students at the school. If
applicable, the collaborative may consist of multiple subject area
subcommittees which may meet independently.
(2) If a collaborative process is established as an
alternative to the school curriculum team, the teacher
collaborative has all the powers and duties assigned to school
curriculum teams.
(A) The collaborative process also may incorporate the
functions of the Strategic Planning Committee, the Technology Team,
and/or the School Support Team.
(B) When the functions of any or all of these committees are
incorporated into the collaborative process, the school is not
required to establish a separate committee for any one whose
functions have been assumed by the collaborative.
(b) The following waivers are granted:
Section two-b, article three, chapter eighteen-a of this code
is waived for the schools of Cabell County for the purpose of
implementing a comprehensive new teacher induction program, which
purposes are as more specifically described in the schools' written
statement approved by the county board and submitted to the
Legislative Oversight Commission on Education Accountability on
February 24, 2011.
(1) Decades of school improvement literature substantiate that
schools where the principal uses a collaborative and distributed
approach to leadership and where the teachers have a unity of
purpose, operate in a cohesive learning-centered culture and
implement consistent, pervasive and research-based approaches to
learning, can and do improve student learning;
(2) As in all enterprises, rules are established in public
education to manage the resources efficiently, allot time among the
activities and processes required and ensure attention to the goals
mandated, but rules, by their nature, also limit the flexibility of
professional educators to engage in those activities and implement
those approaches that may best improve the learning of their
students for the twenty-first century;
(3) Allowing individual schools to seek and receive exceptions
from certain statutes, policies, rules and interpretations through
the creation of school innovation zones will provide them greater
control over important educational factors that impact student
achievement, such as curriculum, personnel, organization of the
school day, organization of the school year, technology utilization
and the delivery of educational services to improve student
learning; and
(4) Providing greater flexibility at innovation zone schools
will enable school-level, professional educators to exercise more fully their professional judgment to improve student learning for
the twenty-first century by instituting creative and innovative
practices.
(b) Intent and purpose. -- The intent and purpose of this
article is to:
(1) Provide for the establishment of school innovation zones
to improve educational performance;
(2) Provide principals and teachers at schools approved as
innovation zones with greater flexibility and control to meet the
needs of a diverse population of students by removing certain
policy, rule, interpretive and statutory constraints;
(3) Provide a testing ground for innovative educational reform
programs and initiatives to be applied on an individual school
level;
(4) Provide information regarding the effects of specific
innovations and policies on student achievement;
(5) Document educational strategies that enhance student
success; and
(6) Increase the accountability of the state's public schools
for student achievement as measured by the state assessment
programs and local assessment processes identified by the schools.
(b) The state board shall promulgate a rule, including an
emergency rule if necessary, in accordance with article three-b,
chapter twenty-nine-a of this code to implement the provisions of
this article. The rule shall include provisions for at least the
following:
(1) A process for a school, a group of schools, a subdivision
or department of a group of schools or a subdivision or department
of a school to apply for designation as an innovation zone that
encompasses at least the following:
(A) The manner, time and process for the submission of an
innovation zone application;
(B) The contents of the application, which must include a
general description of the innovations the school or schools seek
to institute and an estimation of the employees who may be affected
by the implementation of the innovations; and
(C) Factors to be considered by the state board when
evaluating an application, which shall include, but are not limited
to, the following factors:
(i) The level of staff commitment to apply for designation as an innovation zone as determined by a vote by secret ballot at a
special meeting of employees eligible to vote on the plan, as
provided in section six of this article;
(ii) Support from parents, students, the county board of
education, the local school improvement council and school business
partners; and
(iii) The potential for an applicant to be successful as an
innovation zone; and
(2) Standards for the state board to review applications for
designation as innovation zones and to make determinations on the
designation of innovation zones.
(c) The state board shall review innovation zone applications
in accordance with the standards adopted by the board and shall
determine whether to designate the applicant as an innovation zone.
The state board shall notify an applicant of the board's
determination within sixty days of receipt of an innovation zone
application.
When initially designating innovation zones after the
enactment of this article by the first extraordinary session of the
2009 Legislature, the state board shall consider applicants for
designation in the following order: (1) A school and groups of
schools; (2) a group of schools seeking designation across the same
subdivision or department of the schools; and (3) a school seeking
designation of a subdivision or a department.
(1) Each school, group of schools, subdivision or department
of a group of schools or subdivision or department of a school
designated as an innovation zone or seeking designation as an
innovation zone in accordance with this article shall develop an
innovation zone plan;
(2) The innovation zone plan shall contain:
(A) A description of the programs, policies or initiatives the
school, group of schools, subdivision or department of a group of
schools or subdivision or department of a school intends to
implement as an innovative strategy to improve student learning if
the plan is approved in accordance with section five of this
article;
(B) A list of all county and state board rules, policies and
interpretations, and all statutes, if any, identified as
prohibiting or constraining the implementation of the plan,
including an explanation of the specific exceptions to the rules,
policies and interpretations and statutes required for plan
implementation. A school, a group of schools, a subdivision or
department of a group of schools or a subdivision or department of
a school may not request an exception nor may an exception be granted from any of the following:
(i) An assessment program administered by the West Virginia
Department of Education;
(ii) Any provision of law or policy required by the No Child
Left Behind Act of 2001, Public Law No. 107-110 or other federal
law; and
(iii) Section seven, article two and sections seven-a,
seven-b, eight and eight-b, article four, chapter eighteen-a of
this code, except as provided in section eight of this article; and
(C) Any other information the state board requires.
(3) The innovation zone plan may include:
(A) An emphasis in the early childhood through intermediate
grade levels on ensuring that each student is prepared fully at
each grade level, including additional intervention strategies at
grade levels three and eight to reinforce the preparation of
students who are not prepared fully for promotion, or an emphasis
in the secondary grade levels on ensuring that each student is
prepared fully for college or other post-secondary education, as
applicable for the school; and
(B) An emphasis on innovative strategies that allows
academically advanced students to pursue academic learning above
grade level or not available through the normal curriculum at the
school.
(b) Each school, group of schools, subdivision or department
of a group of schools or subdivision or department of a school designated or seeking designation as an innovation zone shall
submit its innovation zone plan to the school's employees, the
county superintendent and county board having jurisdiction over the
school, the state board, and the state superintendent in accordance
with section five of this article.
(1) Submit its innovation zone plan to each employee regularly
employed at the school if the employee's primary job duties would
be affected by the implementation of the plan. An innovation zone
plan is approved by school employees when approved by a vote by
secret ballot as provided in section six of this article;
(2) Submit its innovation zone plan as approved by vote of
school employees to the county superintendent and board for review.
The county board shall within sixty days of receipt of the plan
review the plan and with recommendations from the county
superintendent report its support or concerns, or both, and return
the plan and report to the school principal, faculty senate and
local school improvement council; and
(3) Submit its innovation zone plan as approved by vote of the
school employees eligible to vote on the plan along with the report
of the county board to the state board and state superintendent for
review. The county board shall be given an opportunity to present
its concerns with the plan, if any, to the state board during its
review. Except as provided in subsection (c) of this section, the
state board and state superintendent shall approve or disapprove
the plan within sixty days of receipt, subject to the following:
(A) No exceptions to county or state board rules, policies or
interpretations are granted unless both the state superintendent
and the state board approve the plan at least conditionally
pursuant to subsections (b) and (c) of this section; and
(B) If the plan is disapproved, the state superintendent, the
state board or both, as applicable, shall communicate the reasons
for the disapproval to the school, the group of schools, the
subdivision or department of a group of schools or the subdivision
or department of a school and shall make recommendations for
improving the plan. The school, the group of schools, the
subdivision or department of a group of schools or the subdivision
or department of a school may amend the plan pursuant to subsection
(d) of this section.
(b) Upon the approval of an innovation zone plan by the state
board and state superintendent, all exceptions to county and state
board rules, policies and interpretations listed within the plan
are granted, subject to the limitations contained in subdivision
(B), subparagraph (2), subsection (a) of section four of this
article.
(c) If an innovation zone plan, or a part thereof, may not be
implemented unless an exception to a statute is granted by Act of
the Legislature, the state board and state superintendent may
approve the plan, or the part thereof, only upon the condition that
the Legislature acts to grant the exception. If the state board
and state superintendent approve a plan on that condition, the state board and state superintendent shall submit the plan with the
request for an exception to a statute, along with supporting
reasons, to the Legislative Oversight Commission on Education
Accountability. The commission shall review the plan and exemption
request and make a recommendation to the Legislature regarding the
exception requested.
(d) The rule promulgated by the state board pursuant to
section three of this article shall include a process for amending
or revising an innovation zone plan. The process shall require
that any amendments or revisions to an innovation zone plan are
subject to the approval requirements of subsection (a) of this
section.
(b) A secret ballot vote at a special meeting of all employees
regularly employed at the school who are eligible to vote in
accordance with this section shall be conducted to determine the
following:
(1) The level of employee commitment to apply for designation
as an innovation zone in accordance with section three of this
article; and
(2) The approval of an innovation zone plan as required by
section five of this article.
(c) A panel consisting of the elected officers of the faculty
senate of the school or schools, one representative of the service
personnel employed at the school and three parent members appointed
by the local school improvement council shall call the meeting
required in subsection (b) of this section, conduct the votes and certify the results to the principal, the county superintendent and
the president of the county board. The panel shall provide notice
of the special meeting to all employees eligible to vote at least
two weeks prior to the meeting and shall provide an absentee ballot
to each employee eligible to vote who cannot attend the meeting to
vote.
(d) At least eighty percent of the employees who are eligible
to vote in accordance with this section must vote to apply for
designation as an innovation zone and to approve the school's
innovation zone plan before the level of staff commitment at the
school is sufficient for the school to apply for designation and
before the plan is approved by the school.
(e) An employee regularly employed at a school applying for or
designated as an innovation zone whose job duties may be affected
by implementation of the innovation zone plan or proposed plan may
request a transfer to another school in the school district. The
county board shall make every reasonable effort to accommodate the
transfer.
(b) The state board shall provide an annual report on
innovation zones and the progress of innovation zone plans to the
Legislative Oversight Committee for Educational Accountability.
(1) The school will be under the jurisdiction of the state
institution of higher education;
(2) The county board with jurisdiction over the school
district in which the new school is planned to be located must
approve the establishment of the new innovation zone school;
(3) The state institution of higher education must enter into
cooperative agreements with the county board or county boards whose
students attend the new innovation zone school. The agreements
shall include at least required reporting on student attendance,
academic progress and any other matters relating to the
administration, operation and support of the school agreed to by
institution and the board or boards;
(4) Students attending the school shall be enrolled in a
school in their county of residence subject to the policies of the
county. The students may participate in extracurricular and
cocurricular activities at the county school in which they are
enrolled and, subject to the cooperative agreement with the state
institution of higher education, participate in curricular
activities at the county school in which they are enrolled;
(5) No funds provided to support the planning and
implementation of school innovation zones pursuant to this article may be used for a state institution of higher education to
establish a new innovation zone school; and
(6) A school established in accordance with this section may
not be funded with: (1) Moneys appropriated by the Legislature to
fund the innovation zone program; or (2) state or county moneys
that result from the school aid formula.
(b) The state board shall promulgate a rule, including an
emergency rule if necessary, in accordance with article three-b,
chapter twenty-nine-a of this code for a state institution of
higher education to establish a new innovation zone school. The
rule shall include provisions for at least the following:
(1) A process for a state institution of higher education in
accordance with this section to apply for designation as innovation
zone and for approval of its innovation zone plan that encompasses
at least the following:
(A) The manner, time and process for the submission of an
application for innovation zone designation and for approval of its
innovation zone plan;
(B) The contents of the application; and
(C) Factors to be considered by the state board when
evaluating an application and plan, which shall include, but are
not limited to, support from parents, students, county board or
boards of education, the local school improvement council or
councils and school business partners and the potential for a
school to be successful as an innovation zone.
(2) A school created by state institution of higher education
designated as an innovation zone or seeking designation as an
innovation zone in accordance with this section shall develop an
innovation zone plan that includes at least the following:
(A) A description of the programs, policies or initiatives the
state institution of higher education intends to implement as an
innovative strategy to improve student learning if the plan is
approved;
(B) The approval of the county board of education with
jurisdiction over the school district in which the new school is
planned to be or is located and the cooperative agreements with the
county board or county boards whose students attend the new
innovation zone school;
(C) A list of all county and state board rules, policies and
interpretations, and all statutes, if any, identified as
prohibiting or constraining the implementation of the plan,
including an explanation of the specific exceptions to the rules,
policies and interpretations and statutes required for plan
implementation;
(D) A policy under which the state institution of higher
education and participating county board or boards of education
agree to meet the accountability requirements for student
assessment under all applicable assessment programs administered by
the West Virginia Department of Education and provisions of law or
policy required by the No Child Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and
(E) Any other information the state board requires.
(3) Standards for the state board to review applications for
designation as innovation zones and to make determinations on the
approval of innovation zone plans.
(c) The state board and state superintendent shall review
innovation zone applications and plans of a school created by a
state institution of higher education in accordance with the
standards adopted by the board and shall determine whether to
designate it as an innovation zone or approve it plan, as
applicable. The state board and state superintendent shall notify
an applicant of the board's determination within sixty days of
receipt of an innovation zone application and receipt of an
innovation zone plan. If the plan is disapproved, the state board
and state superintendent shall communicate the reasons for the
disapproval to the school and make recommendations for improving
the plan. The school may amend and resubmit the plan to the state
board.
(d) Upon the approval of an innovation zone plan by the state
board and state superintendent, all exceptions to county and state
board rules, policies and interpretations listed within the plan
are granted. If an innovation zone plan, or a part thereof, may
not be implemented unless an exception to a statute is granted by
Act of the Legislature, the state board and state superintendent
may approve the plan, or the part thereof, only upon the condition that the Legislature acts to grant the exception. If the state
board and state superintendent approve a plan on that condition,
the state board and state superintendent shall submit the plan with
the request for an exception to a statute, along with supporting
reasons, to the Legislative Oversight Commission on Education
Accountability. The commission shall review the plan and request
and make a recommendation to the Legislature on the exception
requested.
(b) The following exceptions are granted:
(1) Piedmont Elementary School, Kanawha County, is excepted
from subsection (3), section fourteen, article four, chapter
eighteen-a of this code for the purpose of allowing specialist
teachers to take their planning period before and after school
totaling one hour, three days per week, and from section
eighteen-a, article five of this chapter for the purpose of
permitting a number of students in music and physical education
classes in excess of the class size limits to provide the time and
structure for teams to meet in professional learning communities,
which purposes are as more specifically described in the school's
innovation zone plan approved by the state board on January 13,
2010;
(2) Putnam County High Schools Consortium comprised of Buffalo
High School, Hurricane High School, Poca High School, Winfield High
School and Putnam Career and Technical Center, Putnam County, is
excepted from section forty-five, article five of this chapter only
to the extent necessary for the purpose of establishing a
structured transition program for freshman only one day prior to
the beginning of the regular instructional term, and for the
purpose of permitting the creation of not more than three hours
each month during the school term of structured, regularly
scheduled time for all teachers to work in professional learning
communities, which purposes are as more specifically described in
the schools' innovation zone plan approved by the state board on January 13, 2010;
(3) Nellis Elementary School, Boone County, is excepted from
subsection (a), section two, article five-a of this chapter, for
the purpose of expanding the membership of its local school
improvement council, which purpose is as more specifically
described in the school's innovation zone plan approved by the
state board on January 13, 2010;
(4) Cabell County Secondary School Consortium comprised of
Cabell County Career Technical Center, Cabell Midland High School
and Huntington High School, Cabell County, is excepted from
sections one and one-a, article eight of this chapter for the
purpose of raising the compulsory school attendance age to eighteen
years old, and from section two-b, article three, chapter
eighteen-a of this code for the purpose of providing a customized
high quality beginning teacher induction program developed at the
county level, which purposes are as more specifically described in
the schools' innovation zone plan approved by the state board on
January 13, 2010; and
(5) Clay County Schools is excepted from section fifteen,
article five of this chapter for the purpose of allowing persons
over the age of twenty-one years to enroll without charge of fees
in the Clay County Schools "iREAD" program and upon, successful
completion, be awarded a Clay County High School Diploma, which
purposes are more specifically described in the Clay County
School's innovation zone plan approved by the state board on January 12, 2011. The grant of this exception does not abrogate
the authority of the state board to determine the minimum standards
for granting diplomas pursuant to section six, article two of this
chapter and does not permit persons over the age of twenty-one who
re-enter the public schools to be included in net enrollment for
the purposes of funding pursuant to article nine-a of this chapter,
except as otherwise provided by law.
The Legislature finds that:
(1) High school graduation is an essential milestone for all
West Virginia students and impacts the future success of the
individual, community and state;
(2) There are significant correlations between educational
attainment and labor market outcomes, greater labor force
participation rate, increased employment rates, improved health,
and decreased levels of poverty and crime. The negative impact on
these linkages is most evident in the absence of high school
completion;
(3) Dropping out of school is a process, not an event, with
factors building and compounding over time;
(4) Students at risk of not completing high school can be
identified as early as sixth grade using the indicators of
attendance, behavior and course failures. Therefore, a
comprehensive graduation plan must include a comprehensive systemic
approach that emphasizes early interventions;
(5) Research identifies a number of effective strategies for
engaging students that have the most positive impact on improving
high school graduation rates. Some of these strategies are
school-community collaboration, safe learning environments, family
engagement, early literacy development, mentoring and tutoring services, service learning opportunities, alternative and
nontraditional schooling, offering multiple pathways and settings
for attaining high school diplomas, after-school opportunities,
individualized instruction and career and technical education;
(6) Schools cannot solve the dropout problem alone. Research
shows when educators, parents, elected officials, business leaders,
faith-based leaders, human service personnel, judicial personnel
and civic leaders collectively work together they are often able to
find innovative solutions to address school and community problems;
and
(7) Increasing high school graduation rates is an important
factor in preparing a college and career-ready citizenry. Higher
education institutions, including community and technical colleges,
are essential partners in creating local and statewide solutions.
(b) Therefore, the intent of the Legislature is to provide a
separate category of innovation zones designated "Local Solution
Dropout Prevention and Recovery Innovation Zones" intended to
achieve the following purposes:
(1) Provide for the establishment of Local Solution Dropout
Prevention and Recovery Innovation Zones to increase graduation
rates and reduce the number of dropouts from West Virginia schools;
(2) Provide schools and communities with opportunities for
greater collaboration to plan and implement systemic approaches
that include evidence-based solutions for increasing graduation
rates and reducing the number of dropouts;
(3) Provide a testing ground for innovative graduation
programs, incentives and approaches to reducing the number of
dropouts;
(4) Provide information regarding the effects of specific
innovations, collaborations and policies on graduation rates and
dropout prevention and recovery; and
(5) Document educational strategies that increase graduation
rates, prevent dropouts and enhance student success.
(c) Local Solution Dropout Prevention and Recovery Innovation
Zones.
A school, a group of schools or a school district may be
designated as a Local Solution Dropout Prevention and Recovery
Innovation Zone in accordance with the provisions of this article,
subject to the provisions of this section. The state board shall
propose rules for legislative promulgation, including an emergency
rule if necessary, in accordance with article three-b chapter
twenty-nine of this code to implement the provisions of this
section. All provisions of this article apply to Local Solution
Dropout Prevention and Recovery Innovation Zones, including, but
not limited to, the designation, application, approval, waiver of
statutes, policies, rule and interpretations, employee approval,
employee transfers, progress reviews, reports and revocations, and
job postings, subject to the following:
(1) For purposes of this section, a "school, a group of
schools or a school district" means a high school, a group of schools comprised of a high school and any of the elementary and
middle schools whose students will attend the high school, or a
school district whose graduation rate in the year in which an
application is made is less than ninety percent based on the latest
available school year data published by the Department of
Education;
(2) The contents of the application for designation as a Local
Solution Dropout Prevention and Recovery Innovation Zone must
include a description of the dropout prevention and recovery
strategies and that the school, group of schools or school district
plans to implement if designated as a Local Solution Dropout
Prevention and Recovery Innovation Zone, and any other information
the state board requires. The application also shall include a
list of all county and state board rules, policies and
interpretations, and all statutes, if any, identified as
prohibiting or constraining the implementation of the plan,
including an explanation of the specific exceptions to the rules,
policies and interpretations and statutes required for plan
implementation. A school, a group of schools, or school district
may not request an exception nor may an exception be granted from
any of the following:
(i) An assessment program administered by the West Virginia
Department of Education;
(ii) Any provision of law or policy required by the No Child
Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and
(iii) Section seven, article two and sections seven-a, seven-
b, eight and eight-b, article four, chapter eighteen-a of this
code, except as provided in section eight of this article;
(3) The factors to be considered by the state board when
evaluating an application shall include, but are not limited to,
the following:
(A) Evidence that other individuals or entities and community
organizations are involved as partners to collectively work with
the applicant to achieve the purposes as outlined in the dropout
prevention and recovery plan. These individuals or entities and
community organizations may include, but are not limited to,
individuals or entities and community organizations such as
parents, local elected officials, business leaders, faith-based
leaders, human service personnel, judicial personnel, civic leaders
community and technical colleges Higher education institutions;
(B) The level of commitment and support of staff, parents,
students, the county board of education, the local school
improvement council and the school's business partners as
determined in accordance with this article apply to become a Local
Solutions Dropout Prevention and Recovery Innovation Zone;
(C) The potential for an applicant to be successful in
building community awareness of the high school dropout problem and
developing and implementing its dropout prevention and recovery
plan; and
(D) Implementation of the statewide system of easily
identifiable early warning indicators of students at risk of not
completing high school developed by the state board in accordance
with section six, article eight of this chapter, known as The High
School Graduation Improvement Act, along with a plan of
interventions to increase the number of students earning a high
school diploma;
(4) The rule shall provide standards for the state board to
review applications for designation as a Local Solutions Dropout
Prevention and Recovery Innovation Zones;
(5) The application for designation as a Local Solutions
Dropout Prevention and Recovery Innovation Zone under this section
is subject to approval in accordance with sections five and six of
this article. In addition to those approval stages, the
application, if approved by the school employees, shall be
presented to the local school improvement council for approval
prior to submission to county superintendent and board. Approval
by the local school improvement council is obtain when at least
eighty percent of the local school improvement council members
present and voting after a quorum is established vote in favor of
the application; and
(6) Upon approval by the state board and state superintendent
of the application, all exceptions to county and state board rules,
policies and interpretations listed within the plan are granted.
The applicant school, group of schools or school district shall proceed to implement the plan as set forth in the approved
application and no further plan submissions or approval are
required, except that if an innovation zone plan, or a part
thereof, may not be implemented unless an exception to a statute is
granted by Act of the Legislature, the state board and state
superintendent may approve the plan, or the part thereof, only upon
the condition that the Legislature acts to grant the exception as
provided in this article.
(d) Local solutions dropout prevention and recovery fund.
There is hereby created in the State Treasury a special
revenue fund to be known as the "Local Solutions Dropout Prevention
and Recovery Fund." The fund shall consist of all moneys received
from whatever source to further the purpose of this article. The
fund shall be administered by the state board solely for the
purposes of this section. Any moneys remaining in the fund at the
close of a fiscal year shall be carried forward for use in the next
fiscal year. Fund balances shall be invested with the state's
consolidated investment fund and any and all interest earnings on
these investments shall be used solely for the purposes that moneys
deposited in the fund may be used pursuant to this section.
(a) The Legislature makes the following findings and
expressions of legislative intent:
(1) The Legislature created a performance-based accreditation
system in 1988 and has amended these provisions several times,
significantly in 1998 to set forth a process for improving
education consisting of four elements: (i) High quality education
standards; (ii) an assessment of the performance and progress of
schools and school systems in achieving these standards with a
primary focus on student learning; (iii) holding schools and school
systems accountable for performance and progress to provide
assurances that a thorough and efficient education is being
provided; and (iv) a process for targeting resources strategically
to improve teaching and learning. These provisions include a
process for the state board to declare a state of emergency and
intervene in the operation of a school system when its educational
program does not meet the standards and it fails to implement an
improvement plan or meet the plan's deadlines and improve within a
reasonable time. Since the inception of these provisions, the
state board has declared a state of emergency in nine county school systems and intervened, including delegating decision-making
authority to the state superintendent or his or her designee for
system operations. Of these nine school systems, three improved
sufficiently over a period of time for the state of emergency to be
rescinded, the longest of which took ten years and six months. Of
the six systems remaining under state board intervention, although
most are fairly recent, one school system has been under state
intervention for more than ten years and its improvement is
progressing slowly;
(2) School systems do not exist in a vacuum and external
circumstances and events can have a significant impact on them and
the students they serve, as well as on the system's capacity to
deliver the thorough and efficient education to which those
students are entitled. For example, the McDowell County school
system which in the 1950's at its height of employment in coal
production had a total population of about 100,000 residents, faced
much different challenges than it does today with that county's
total population now at 22,113 based on the 2010 census. This
school system has lost nearly 70 percent of its enrollment in the
past 30 years, declining from 11,715 students in 1981-82 to 3,535
in 2011-12. Along with the steep decline in the historical bedrock
of employment in the county in the coal industry and the large
number of middle class workers and services it supported, including
housing, utilities and medical care, the county's rugged
mountainous topography contributes to its vulnerability to natural
disasters such as the devastating floods in 2001 and 2002 that
swept away many homes and much of the infrastructure along the creek beds throughout the county. This topography also
significantly limits the amount of land suitable for development
and transportation networks, and makes planning for future economic
development alternatives difficult. The social and economic
byproducts of these external circumstances and events leave a
school system with many atypical challenges for addressing the
needs of its students and making the improvements in performance
and progress needed to assure a thorough and efficient education;
(3) Among the findings, intent and purposes of this article
are that: (i) Allowing exceptions from certain statutes, policies,
rules and interpretations through the creation of innovation zones
will enable greater local control over the important educational
factors that impact student achievement and the delivery of
educational services to improve student learning; and (ii)
innovation zones will provide greater flexibility and local control
to meet the needs of a diverse population of students. In
addition, among the findings of the Local Solution Dropout
Prevention and Recovery Innovation Zone Act as set forth in section
eleven of this article are findings that when educators, parents,
elected officials, business leaders, faith-based leaders, human
service personnel, judicial personnel and civic leaders
collectively work together they are often able to find innovative
solutions to address school and community problems. Since the
creation of this article, forty-five innovation zone projects have
been approved by the state board, nine of which were Dropout
Prevention and Recovery Innovation Zone projects. Twenty-seven
policy waivers and five statutory waivers have been granted to enable implementation of these projects. In one county, an
innovation zone project was expanded to all of the remaining
schools in the county when the schools used the Local School
Improvement Council waiver process to request and receive a
statutory waiver to implement a comprehensive new teacher induction
process countywide. Collectively, these projects illustrate how
local schools, and in some cases school systems, have increased
their capacity by using the innovation zone process to
collaboratively plan and implement a variety of changes to increase
student engagement, develop more flexible schedules, enhance
student and teacher ownership of the learning process and increase
student achievement;
(4) Choosing one county school system under a declared state
of emergency due to nonapproval status to designate as an
innovation zone would allow the testing of innovations that could
be replicated in other school systems facing similar circumstances
across the state, nation and world;
(5) Numerous studies have shown an association between a young
person's health status and his or her ability to succeed in
educational settings;
(6) McDowell County is unique and should be given the first
opportunity to use innovative solutions to improve its education
system when the totality of the circumstances set forth in this
subsection are considered. Other facts specifically applicable to
McDowell County include the following:
(A) The McDowell County school system has been under a
continuous declared state of emergency by the state board due to nonapproval status longer than any other county that is currently
under a declared state of emergency;
(B) The McDowell County school system is engaged in a public-
private partnership to begin addressing challenges both within the
school system and in the community at large; and
(C) McDowell County has a chronic shortage of good roads,
public transportation, housing, Internet bandwidth, recreation
centers and health clinics;
(7) This section is intended as an additional tool for an
eligible school system in collaboration with community and business
partners to plan and implement new approaches to improve the
performance and progress of the students, schools and system to
achieve full approval at the earliest possible date. It is further
the intent of the Legislature that the process for an eligible
school system to apply for exceptions under this section should
allow multiple opportunities to apply for additional exceptions as
the system moves forward with its partners toward fulfillment of
its improvement goals; and
(8) In accordance with the intent of this section as an
additional tool for planning and implementing new approaches to
improve the performance and progress of the students, schools and
school system to achieve full approval at the earliest possible
date, the state board shall rescind the state of emergency and
nonapproval status of a school system designated as a school system
collaborative innovation zone as soon as the requisite conditions
are met as provided in section five, article two-e of this chapter,
notwithstanding the designation. If a school system that has been designated as a school system collaborative innovation zone is
subsequently issued a school system approval status that would make
it ineligible for the designation, the designation shall remain in
effect as provided in this section.
(b) The state board is authorized to choose one county school
system currently under a declared state of emergency by the state
board due to nonapproval status to participate in a program to test
the effectiveness of allowing such county school systems to be
considered school system collaborative innovation zones. Due to
the reasons set forth in subsection (a) of this section, the
McDowell County Board of Education shall be provided the first
opportunity to submit a school system collaborative innovation zone
application under this article. If the McDowell County Board of
Education has not submitted an application by April 1, 2013 or less
than fifty percent cast ballots in an election to approve a school
system collaborative innovation zone plan, the state board may
accept applications from other county boards under a declared state
of emergency by the state board due to nonapproval status.
(c) The Legislature finds that an emergency exists and,
therefore, no later than April 16, 2012, the state board shall
promulgate an emergency rule in accordance with section ten,
article three-b, chapter twenty-nine-a of this code, to implement
the provisions of this section. The state board also shall
promulgate a legislative rule, in accordance with article three-b,
chapter twenty-nine-a of this code, to implement this section.
Both rules shall include, but not be limited to, the following
provisions:
(1) The manner, time and process for the submission of a
school system collaborative innovation zone application;
(2) The contents of the application, which must include a
general description of the innovations the county school district
seeks to institute;
(3) Factors to be considered by the state board when
evaluating an application, which shall include, but are not limited
to, the following factors:
(A) Support from teachers, staff, parents, students, the
county board of education, the local school improvement council and
school business partners; and
(B) The potential for an applicant to be successful in raising
student achievement as a school system collaborative innovation
zone; and
(4) Standards for the state board to review applications for
designation as a school system collaborative innovation zone and to
make determinations on the designation of a school system
collaborative innovation zone.
(d) The state board shall review school system collaborative
innovation zone applications in accordance with the standards
adopted by the board and shall determine whether to designate the
applicant as a school system collaborative innovation zone. The
state board shall notify an applicant of the board's determination
within thirty days of receipt of the application.
(e) Prior to designation by the state board as a school system
collaborative innovation zone, county school systems submitting
applications shall develop school system collaborative innovation zone plans. The school system collaborative innovation zone plan
may include, but is not limited to, the following proposals:
(1) Allowing increased collaborative site-based
decision-making powers over the budgeting for and spending on
programs and services for students;
(2) Allowing increased collaborative site-based
decision-making powers over teacher recruitment;
(3) Allowing a collaborative process which ensures
accountability and transparency to all stakeholders;
(4) Allowing a collaborative process which provides input and
demonstrative buy-in from education personnel regarding appropriate
professional development, supports, resources and working
conditions.
(5) Allowing a collaborative site-based process to reduce
certain requirements to allow staff to meet the school's mission;
(6) Allowing, through a collaborative site-based process,
flexibility to the alternative teacher certification provided in
section one-a, article three, chapter eighteen-a of this code;
(7) Utilizing virtual school courses aligned with the Southern
Regional Education Board's Standards for Quality Online Courses;
and
(8) Other innovation zone plans approved under the provisions
of this article and being implemented in other schools and school
systems throughout the state.
(f) Prior to submitting a school system collaborative
innovation zone plan to the state board:
(1) The school system in collaboration with its public-private partnership shall conduct public town hall meetings in at least two
schools in the county for the purpose of soliciting input from
those in attendance on the challenges affecting the quality of
education in the county and the potential strategies and priorities
for addressing them. The two meetings shall occur within ten days
of each other;
(2) Within fifteen days after the last town hall meeting, the
county superintendent shall hold a meeting for the purpose of
reviewing the input gathered at the public town hall meetings and
developing the school system collaborative innovation zone plan.
The meeting shall include the principals employed within the
county, the chairs of the faculty senates of each school in the
county, employee organization representatives, a school service
person from each work site, parents and other stakeholders;
(3) Within fifteen days after the meeting to develop the
school system collaborative innovation zone plan, the county
superintendent shall hold a meeting of all regularly employed
school employees for the purpose of educating those employees about
the plan and for the purpose of providing the employees an
opportunity to examine and discuss the school system collaborative
innovation zone plan; and
(4) At the meeting required by subdivision (3) of this
section, the county superintendent shall direct that a vote of all
regularly employed school employees in the county be conducted to
determine the level of school employee support for the school
system collaborative innovation zone plan. The vote shall be
completed within fifteen days after the meeting required by subdivision (3) of this subsection. The vote shall be by secret
ballot administered by the panels created in subsection (c),
section six of this article for each school and shall be
administered in accordance with that subsection. For the vote to
be valid, ballots must be cast by at least fifty percent of all
regularly employed school employees in the county. The plan may
not be submitted to the state board and the state board may not
designate the school system as a school system collaborative
innovation zone unless at least two-thirds of the employees voting
vote to submit the plan.
(g) Approval of a school system collaborative innovation zone
plan pursuant to this section is at the sole discretion of the
state board. Any approval requirement not contained within this
section does not apply.
(h) The plan is intended to serve as the basis for the
innovation zone activities of the school system and to provide a
vision for the school improvement goals it will work to accomplish
in collaboration with its school and community partners. The plan
is not intended as a limit on the normal school improvement
activities that all school systems are expected to pursue, nor is
the plan intended as a restriction on the ability of the school
system or its schools to pursue other innovative strategies in
accordance with the other provisions of this article, specifically
the designation as a Local Solution Dropout Prevention and Recovery
Innovation Zone in accordance with section eleven of this article.
(i) The designation as a school system collaborative
innovation zone authorizes the school system to submit requests as provided in subsection (j) of this section to the state board for
exceptions to statutes, policies, rules and interpretations that
are required to permit implementation by the school system of the
innovative strategies contemplated in its school system
collaborative innovation zone plan. The designation shall be for
a period of five years, during which the school system may submit
multiple individual requests for exceptions to permit
implementation of different strategies contemplated in the plan as
the strategies are developed. Each request for an exception shall
be submitted and may be approved by the state board in accordance
with subsection (j) of this section.
(j) (1) A school system designated as a school system
collaborative innovation zone may request an exception to a
statute, policy, rule or interpretation by submitting an
application to the state board that contains the following
information:
(A) A description of the program or initiative the school
system intends to implement as an innovative strategy to improve
student achievement if the request is approved by the state board;
(B) An explanation of the specific exception to a statute,
policy, rule or interpretation, in the singular or plural, that the
school system has identified as prohibiting or constraining the
implementation of the program or initiative and why the exception
is necessary;
(C) An explanation of how the program or initiative furthers
the activities contemplated in the school system collaborative
innovation zone plan;
(D) A certification by the county superintendent that the
request for an exception was approved by a vote of the eligible
employees in accordance with the process for voting as set forth in
section six of this article, except that notwithstanding subsection
(d) of said section six, at least two-thirds of the eligible
employees voting must vote to request the exception for it to be
approved for submission to the state board: Provided, That for the
vote to be valid, ballots must be cast by at least fifty percent of
the eligible employees; and
(E) Any other information the state board requires as set
forth in its rule pursuant to subsection (c) of this section.
(2) The state board shall review the request in accordance
with the standards adopted by the board in its rule and shall
determine whether to approve or disapprove the request. The
approval or disapproval of a request is at the sole discretion of
the state board. Any approval requirement not contained within
this section does not apply.
(3) Except as provided in subdivision (5) of this subsection,
the state board shall approve or disapprove the request within
thirty days of receipt, subject to the following:
(A) No exceptions to state board policies, rules or
interpretations are granted unless the state board approves the
request at least conditionally pursuant to subdivisions (2) and (5)
of this subsection; and
(B) If the request is disapproved, the state board shall
communicate its reasons for the disapproval to the school system
and shall make recommendations for improving the request. The school system may amend and resubmit the request.
(4) Upon approval of the request by the state board, all of
the exceptions to state board policies, rules and interpretations
that were requested are granted; and
(5) If a request, or a part thereof, may not be implemented
unless an exception to a statute is granted by an Act of the
Legislature, the state board may approve the request, or the part
thereof, only upon the condition that the Legislature acts to grant
the exception. If the state board approves a request on that
condition, the state board shall submit the request for an
exception to a statute, along with supporting reasons, to the
Legislative Oversight Commission of Education Accountability. The
commission shall review the request and make a recommendation to
the Legislature regarding the exception requested.
(k) A school system collaborative innovation zone may not
request an exception nor may an exception be granted from any of
the following:
(A) A required statewide assessment program administered by
the West Virginia Department of Education;
(B) Any provision of law or policy required by the No Child
Left Behind Act of 2001, Public Law No. 107-110 or other federal
law; and
(C) Sections two and seven, article two, chapter eighteen-a of
this code and sections seven-a, seven-b, eight and eight-b, article
four, chapter eighteen-a of this code, except that a school system
collaborative innovation zone may make a job posting for a teacher
vacancy in accordance with the procedures and the approval by a vote of the teachers as provided in section eight of this article.
(l) A county board designated as a school system collaborative
innovation zone pursuant to this section that has an approved
innovation zone plan may revise its plan and resubmit its plan to
the state board for approval after conducting the vote pursuant to
subdivision (4), subsection (f) of this section and complying with
all other applicable plan requirements set forth in this section
except for holding the public town hall meetings required by
subdivision (1), subsection (f) of this section.
(m) The designation of a county school system as a school
system collaborative innovation zone shall be for a period of five
years. The state board, upon request of the school system, may
extend the designation for an additional two years if the school
system has outstanding items in its school system collaborative
innovation zone plan that it still wants to pursue and only for the
purpose of pursuing those outstanding items. The expiration of the
designation does not negate any exceptions to statutes, policies,
rules or interpretations granted to the school system, unless and
until specifically revoked, repealed or modified by the state board
or by the Legislature, as applicable.
(n) The state board or its designated committee shall perform
annual performance reviews and provide annual reports in accordance
with section seven of this article.
(o) A county school system whose plan has been approved may
make a job posting for a teacher vacancy in accordance with the
procedures and approval provided by section eight of this article.
(p) For any county that is designated as a school system collaborative innovation zone under the provisions of this section
and to the extent the following provisions are applicable:
(1) The county commission of the designated county shall
collaborate with the Office of Coalfield Community Development in
including any land and infrastructure needs in the land use master
plan provided for in section nine, article two-a, chapter five-b of
this code. These needs may include, but are not limited to,
advancement of public education, economic development, highway
development, recreational amenities and housing development;
(2) An area health organization, such as Tug River Health
Association, Inc., is authorized to work with the county board to
address the health, wellness and fitness needs of students,
parents, school personnel and all others in the county. Tug River
Health Association may partner with the Robert C. Byrd Center for
Rural Health and the Marshall University Medical School in
addressing these needs. In addressing the health, wellness and
fitness needs, the following should be considered:
(A) New evaluations of school-aged children are needed to
reassess their health status and direct further interventions;
(B) Prior to developing new assessment tools and initiating
programs, a comprehensive inventory of prior assessment tools and
programs is needed to determine their strengths and weaknesses.
This can direct further studies and interventions;
(C) New assessment tools should include objective markers of
disease as well as subjective opinions of individual health status
and barriers to health;
(D) Objective and subjective data should be linked at individual and disease-specific levels;
(E) Disease-specific data may be used to address common
barriers to health as perceived by a specific population and tailor
interventions to these specific populations;
(F) The effectiveness of interventions should be assessed
using the same health status markers used to develop the
intervention;
(G) Interventions should use available technology that allows
individuals to track measures of health and provide assistance in
making informed decisions about their health;
(H) Assessments and interventions should be developed and
implemented using community-based participatory research models;
and
(I) Assessments and interventions should be multidisciplinary,
collaborative efforts with existing organizations and programs; and
(3) Area institutions of higher education, such as Concord
University and the June Harless Center at Marshall University, are
authorized to work with the county board on innovative strategies
to address challenges facing the school system and community,
including, but not limited to, the areas of critical need and
shortage in the teaching force, educator professional development
and improving the college-going rate. In addressing the areas of
critical need shortage in the teaching force, consideration should
be given to the implementation of an intensively supervised and
mentored teacher-in-residence program for prospective teachers
during their senior year in lieu of student teaching.
The purposes of this article are as follows:
(1) To facilitate and encourage teacher collaboration by
empowering schools to create alternative decision-making processes
that address school and classroom improvement. The intent is to
authorize reorganization or consolidation of certain school
committees and teams required by state board rules, including the
Strategic Planning Committee, the Technology Team and the School
Support Team; and
(2) To recognize that schools in this state differ greatly in
enrollment, grade configuration, demographics and student needs and
to provide teachers and principals with flexibility to determine
the types of committees and teams that are needed to move the
school forward.
(b) Contents of application. -- The application shall include:
(1) A description of the collaborative teams, which shall
address all of the following:
(A) An emphasis on teacher collaboration and leadership;
(B) School and classroom effectiveness;
(C) Involvement and support of stakeholders; and
(D) A coherent learner-focused improvement plan;
(2) A list of the school-level committees that will be replaced by the collaborative teams, an explanation of how the
existing membership of the committees replaced will have
representation in the reorganization, and how the roles,
responsibilities and tasks of the committees replaced will be
instituted in the reorganization;
(3) Evidence that the employees and stakeholders who are
involved in restructured collaborative teams have, or will enter
into, a process of professional learning that develops the
necessary knowledge and skills to enhance learner-focused
collaboration; and
(4) Evidence that employees and stakeholders have researched
viable improvement structures and processes and have proposed an
effective structure that addresses the particular needs of the
school, its students and employees.
(c) Local-level approval. -- Before submitting the waiver
application to the state board, a school shall take the following
steps:
(1) Present to the faculty senate a detailed explanation of
the proposed structure, roles and responsibilities addressed by the
reorganization plan;
(2) Provide for the chair of the faculty senate to conduct a
vote by secret ballot on the issues addressed in the reorganization
plan;
(3) Obtain a favorable vote for the reorganization plan from
at least eighty percent of the faculty senate members present and
voting after a quorum is established;
(4) Present to the local school improvement council a detailed
explanation of the proposed structure, roles and responsibilities
addressed by the reorganization plan;
(5) If the faculty senate vote is favorable and if it meets
the percentage threshold established in subdivision (3) of this
subsection, within one week of the vote taken by the faculty
senate, provide for the chair of the council to conduct a vote on
the issues addressed in the reorganization;
(6) Obtain a favorable vote for the reorganization plan from
at least eighty percent of the local school improvement council
members present and voting after a quorum is established; and
(7) Obtain approval for the reorganization plan from the
county superintendent and the county board.
(d) State board approval. -- After meeting the requirements of
subsection (c) of this section, the school shall submit its
application to the state board. After review of the waiver
application, the state board may approve the waiver of rules
requiring the Strategic Planning Committee, the Technology Team or
the School Support Team. After the state board has reviewed and
approved a school's reorganization plan, the school may institute
the plan as presented in its application.
As the first priority, the driver education course shall be
made available at no cost to all secondary school pupils at or
about the time they reach licensing age.
As the second priority, the driver education course shall be
made available to all persons who do not attend secondary schools
who have reached their sixteenth birthday and are under eighteen
years of age. County boards of education may require the persons
described in this paragraph who enroll in a public secondary
school driver education course to pay tuition not to exceed fifty
dollars.
As the third priority, the driver education course shall be
made available to all persons who do not attend secondary school
who are eighteen years of age or older, but first consideration
for persons in this age group shall be given to those who are
applying for their first operator's license. County boards of
education may require the persons described in this paragraph who
enroll in a public secondary school driver education course to
pay tuition not to exceed seventy-five dollars.
In those counties where sufficient public secondary school
driver education courses are not available to meet all requests
for the course, county boards of education shall, as quickly as possible, make sufficient courses available to fill those
requests.
(b) The minimum standards shall provide at least that:
(1) All driver education courses offered within the state are
taught by instructors certified by the state board as qualified for
these purposes; and
(2) Each person enrolled in a driver education course shall
receive practice driving and observation in a dual control
automobile and instruction in at least the following:
(A) Basic and advanced driving techniques, including
techniques for handling emergencies;
(B) Traffic regulations and laws of the road as provided in
chapter seventeen-c of this code and other applicable state and
local laws and ordinances;
(C) Critical mechanical parts of vehicles requiring preventive maintenance for safety;
(D) The vehicle, highway and community features that aid the
driver in avoiding crashes; protect him or her and his or her
passengers in crashes; and maximize the salvage of the injured;
(E) Signs, signals, highway markings and highway design
features which require understanding for safe operation of motor
vehicles;
(F) Differences in characteristics of urban and rural driving,
including safe use of modern expressways;
(G) Pedestrian safety; and
(H) Motorcycle safety awareness in a program which shall
include, but not be limited to, ensuring that the driver has
knowledge and awareness of motorcycles sharing the roads of this
state for the safety of motorcyclists.
(c) In addition, in driver education courses, participating
students shall be encouraged to acquire first aid skills.
In the case of a pupil who will not reach the age of fifteen
years before completion of the driver education course in which
enrolled, instruction shall be limited to the classroom. Pupils
who are fifteen years of age and older shall receive instruction
and practical training in the operation of motor vehicles on the
public streets and highways.
Notwithstanding section three-a, article two, chapter
seventeen-b of this code, any student who is at least fifteen years
of age and is enrolled in a driver education course in accordance
with the provisions of this article and the rules that the state
board adopts pursuant to section four of this article, may operate
a motor vehicle on the roadways of West Virginia while accompanied by a certified driver education teacher.
Each county board of education shall receive from funds
specially appropriated for the driver education courses provided
in public secondary schools a sum which shall be proportionate to
the total amount available for distribution for that purpose to
all county boards in the state in the ratio which the number of
pupils who are enrolled in driver education courses in public
secondary schools in the county bears to the total number of
pupils who are enrolled in driver education courses in all public
secondary schools within the state, but the payment shall not
exceed the sum of thirty-five dollars for each such pupil per
school year.
Before any pupil is graduated from a secondary school after
the first day of September, one thousand nine hundred seventy-five,
he or she shall first be provided an opportunity and encouraged to
successfully complete a driver education course approved by the
state board in a public, private, parochial or denominational
secondary school within the state. If a pupil has successfully
completed a similar course in a secondary school of another state
and the course is accepted by the state board as adequately meeting
and complying with the course standards established by the state
board, then the aforementioned requirement shall be deemed
fulfilled regarding that pupil.
On or before December thirty-first, two thousand, any
secondary school pupil sixteen years of age or older, but under
eighteen years of age, who has successfully completed a driver
education course approved by the state board in a public, private,
parochial or denominational secondary school within the state or a
similar course in a secondary school of another state and accepted
by the state board as adequately meeting and complying with the
course standards established by the state board, shall, upon proper application and successful completion of all examination and
driving tests required by law for issuance of an operator's license
to a person eighteen years of age or older, be issued an operator's
license without any restriction rather than the junior or
probationary operator's license provided for in section three,
article two, chapter seventeen-b of this code. On or after the
first day of January, two thousand one, any secondary school pupil
sixteen years of age or older, but under eighteen years of age, who
has successfully completed a driver education course approved by
the state board in a public, private, parochial or denominational
secondary school within the state or a similar course in a
secondary school of another state and accepted by the state board
as adequately meeting and complying with the course standards
established by the state board, shall be exempted from submitting
a sworn affidavit certified by the parent, legal guardian, or other
responsible adult over the age of twenty-one that the applicant has
successfully completed the minimum number of hours of
behind-the-wheel training as provided in section three-a, article
two, chapter seventeen-b of the code.
A fee of fifty dollars shall be charged by the state
superintendent for the issuance of any such license, which may be
renewed annually, for a fee of fifty dollars, so long as the
licensee complies with the requirements of this article. Sums so
received shall be deposited into the state treasury and credited
to an account of the department of education for the
administration of the provisions of this article.
An application for a license to operate a licensed
commercial driver education school shall be made upon an official
form prescribed by the state superintendent, and licenses shall
be granted only when the state superintendent is satisfied that
the school offers a course of driver education which complies
with the requirements approved by the state board.
The state superintendent shall periodically cause an
inspection to be made of all licensed schools. He shall revoke
and require the surrender of the license of any school that fails
to achieve and maintain the minimum course standards prescribed
therefor or that he finds is not conducting a driver education
course that is in conformity with the requirements approved by
the state board.
The state superintendent shall maintain, file and make
available at his office and at other places he selects lists of
all public and nonpublic schools offering approved courses of
driver education and all commercial schools holding licenses and
those whose licenses have been revoked. The state superintendent
shall keep the list current and shall furnish a copy of the list
to the commissioner of motor vehicles and to the commissioner of
insurance.
Persons operating a licensed school shall issue a
certificate upon an official form prescribed by the state
superintendent to persons completing its driver education course.
A record shall be kept of every certificate so issued.
Tuition of not more than one hundred dollars may be charged
by a licensed commercial driver education school for each person
enrolled therein.
Activities in this program include:
(a) Identification and recruitment of persons over the age
of twenty-one who are deficient in their basic literacy skills;
(b) Establishment of a literacy outreach program using
tutors and teachers to educate individuals at locations
convenient to the adult learners, including, but not limited to,
work sites, schools, libraries, churches and community centers.
The literacy outreach programs shall be designed to assist
persons in achieving a level of functional literacy or high
school equivalency skill levels;
(c) Expansion of adult basic education programs;
(d) An increase in the number of full-time and part-time
volunteer tutors and teachers to provide these services; and
(e) Coordination of the efforts of the West Virginia
department of education, other appropriate state agencies and
volunteer groups.
Moneys made available pursuant to this section shall be
placed in an account of the West Virginia board of education
designated the "Adult Literacy Education Program Fund" and
expended solely for the purpose of teaching adult residents of
West Virginia the basic literacy skills of reading, writing and
computation pursuant to section one of this article.
The state board of education shall furnish the Legislature
with a report of activities and expenditures under this program
by the fifteenth day of January of each year.
(b) Each West Virginia personal income tax return form shall
contain a designation as follows:
"ADULT LITERACY EDUCATION PROGRAM
Check if you wish to designate a portion of your tax refund
to this program:
$1 ( ) $5 ( ) $10 ( ) Other $______ ( )
If joint return, check if spouse wishes to designate a
portion of tax refund:
$1 ( ) $5 ( ) $10 ( ) Other $______ ( )"
Each individual taxpayer desiring to voluntarily contribute
to this program may so indicate by placing an "X" in the
appropriate box on the state personal income tax return form.
The contribution shall be credited to the adult literacy
education program fund.
(c) The tax commissioner shall determine by the first day of
July of each year the total amount designated pursuant to this
section and shall report that amount to the state treasurer who
shall credit that amount to the adult literacy education program
fund.
(d) The provisions of this section shall apply to tax return
forms filed on and after the first day of January, one thousand nine hundred eighty-seven.
No such benefits, however, shall be paid to a present
teacher who elects not to become a member of the teachers
retirement system.
The governing boards of state educational institutions shall
have authority to provide retirement benefits for teachers and
other employees who have served at the institutions under their
control, to supplement benefits received by such employees under
the state teachers retirement system. Payment therefor shall be
made from funds appropriated for personal services at the
institution from which the teacher or employee was retired, and the
amount thereof shall be determined in accordance with rules
promulgated by the governing board of the institution.
The general administration and the management of the
retirement system are hereby continued in a "teachers retirement
board" through the thirtieth day of June, one thousand nine hundred
ninety-one and thereafter, in the consolidated public retirement
board created by article ten-d, chapter five of this code. The
retirement board shall have the right to sue and be sued, plead and
be impleaded, contract and be contracted with and shall make all
necessary rules and regulations to carry out the provisions of this
article. All of the business of the board shall be transacted, all
of its funds invested, all warrants for money drawn and payments
made, and all of its cash and securities and other property shall
be held in the name of the "teachers retirement board."
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
Acts, 2010 Reg. Sess., Ch. 33.
The retirement board shall publish an annual report showing
the condition of the various funds created by this article. It
shall certify in such report the amount of accumulated cash and
securities in the funds and shall present a full account of the
operation of the system.
(a) New entrants, whose membership in the system is compulsory
upon employment as teachers and nonteachers.
(b) The membership of the retirement system shall not include
any person who is an active member of or who has been retired by
the West Virginia Public Employees Retirement System, the judge's
retirement system, or the retirement system of the West Virginia
State Police or the supplemental retirement system as provided in
section four-a, article twenty-three of this chapter. The
membership of any person in the retirement system ceases:
(1) Upon the withdrawal of accumulated contributions after the
cessation of service; or (2) upon effective retirement date; or (3)
at death; or (4) upon the date, if any, when after the cessation of
service, the outstanding balance of any loan obtained by the member
pursuant to section thirty-four of this article or section five,
article seven-d of this chapter, plus accrued interest, equals or
exceeds the member's accumulated contributions.
(c) Any former member of the retirement system who has
withdrawn accumulated contributions but subsequently reenters the
retirement system may repay to the retirement fund the amount
withdrawn, plus interest at a rate set by the board, compounded
annually from the date of withdrawal to the date of repayment: Provided, That no repayment may be made until the former member has
completed two years of contributory service after reentry; and the
member shall be accorded all the rights to prior service and
experience as were held at the time of withdrawal of the
accumulated contributions: Provided, however, That no withdrawn
service may be reinstated that has been transferred to another
retirement system from which the member is currently or will in the
future draw benefits based on the same service. The interest paid
shall be deposited in the reserve fund.
(d) No member is eligible for prior service credit unless he
or she is eligible for prior service pension, as prescribed by
section twenty-two of this article; however, a new entrant who
becomes a present teacher as provided in this subdivision shall be
considered eligible for prior service pension upon retirement.
(e) Any individual who is a leased employee is not eligible to
participate in the system. For purposes of this system, a "leased
employee" means any individual who performs services as an
independent contractor or pursuant to an agreement with an employee
leasing organization or other similar organization. If a question
arises regarding the status of an individual as a leased employee,
the board has final power to decide the question.
(b) Retired teachers who qualified for an annuity because of
age or service may not receive prior service allowance from the
retirement board when employed as a teacher and when regularly
employed by the State of West Virginia. The payment of the
allowance shall be discontinued on the first day of the month
within which such employment begins and shall be resumed on the
first day of the month succeeding the month within which such
employment ceases. The annuity paid the teacher on first
retirement resulting from the Teachers' Accumulation Fund and the
Employers' Accumulation Fund shall continue throughout the
governmental service and thereafter according to the option
selected by the teacher upon first retirement.
(c) Retired teachers who qualified for an annuity because of
disability shall receive no further retirement payments if the
retirement board finds that the disability of the teacher no longer
exists; payment shall be discontinued on the first day of the month
within which the finding is made. If the retired teacher returns
to service as a teacher, he or she shall contribute to the
Teachers' Accumulation Fund as a member of the system. His or her
prior service eligibility, if any, shall not be impaired because of his or her disability retirement. His or her accumulated
contributions which were transferred to the benefit fund upon his
or her retirement shall be returned to his or her individual
account in the Teachers' Accumulation Fund, minus retirement
payments received which were not supported by such contributions
and interest. Upon subsequent retirement, he or she shall receive
credit for all of his or her contributory experience, anything to
the contrary in this article notwithstanding.
(d) Notwithstanding any provision of this code to the
contrary, a person who retires under the system provided by this
article may subsequently become employed on either a full-time
basis, part-time basis or contract basis by any institution of
higher education without any loss of retirement annuity or
retirement benefits if the person's retirement commences between
the effective date of the enactment of this section in two thousand
two and the thirty-first day of December, two thousand two:
Provided, That the person shall not be eligible to participate in
any other state retirement system provided by this code.
(e) The retirement board is herewith authorized to require of
the retired teachers and their employers such reports as it deems
necessary to effectuate the provisions of this section.
Notwithstanding any other provision of this article to the
contrary, any present member of the retirement system who as an
employee of the board of governors in the cooperative extension
service of West Virginia University holds a federal appointment,
making him eligible for membership in the federal civil service
retirement system, shall have an option to terminate his membership
in the state teachers retirement system at any time within twelve
months after the effective date hereof, or to continue his
membership if he so desires. If he elects to terminate his
membership, he shall be entitled to withdrawal benefits similar to
those that are provided in section twenty-three of this article for
members who withdraw from service prior to retirement, and he shall
be required to join the federal civil service retirement system.
Any future employee in the cooperative extension service who is
eligible for membership in the federal civil service retirement
system shall be required to join that system, and shall be
ineligible for membership in the state teachers retirement system
during such period of employment. Should employment cease with the
cooperative extension service of West Virginia University and the
employee assumes a position that subjects him to membership in the
teachers retirement system, he shall receive service credit for
each year served in the cooperative extension service and within
this state providing: (1) That the member pays to the system a
contribution equal to the amount he contributed during his first full year of current employment, times the number of years for
which credit is granted, plus interest at a rate equal to that
established by the retirement board for the purchase of service as
a teacher in the employment of the federal government, and (2) that
such years of service for which he receives credit hereunder have
not and will not, in the future, be used to obtain or enhance a
retirement benefit from any other retirement system whatsoever,
including the federal civil service retirement system.
The board of governors shall have the authority and shall be
required to withhold from each salary payment due any employee in
the cooperative extension service, who is a member of the federal
civil service retirement system, the amount of the contribution he
is required to make to the federal treasury for such membership.
Upon proper requisition of the board, the auditor shall
periodically issue a warrant payable to the treasurer of the United
States for the total membership contributions so withheld from the
salaries of all employees in the cooperative extension service.
Notwithstanding any other provisions of this article to the
contrary, any present member of the retirement system, or person
who was a member on February twelve, one thousand nine hundred
seventy, who, as an employee of the West Virginia board of regents
was limited in the amount he could pay into the retirement system
to two hundred sixteen dollars per year from July one, one thousand
nine hundred sixty-three, to July one, one thousand nine hundred
seventy, and to two hundred eighty-eight dollars from July one, one
thousand nine hundred seventy, shall have the option, at any time
within twelve months from the effective date hereof, to pay into
the retirement system twice the amount of the difference between
such limitations and the amount he would have paid therein had he
been paying the full amount provided by law for members of the
retirement system other than employees of the board of regents:
Provided, That this additional payment into the retirement system
by any such member who was employed by the board of regents while
he was under thirty years of age shall be reduced to once the
amount of such difference so far as any salary he received from the
board while under thirty years of age is concerned.
If such a member makes such election, he must thereafter make
contributions into the retirement system on his entire salary
without limitation, unless later imposed by law, and after such election is made the board of regents as his employer shall no
longer make payments for such employee for the supplemental
retirement plan authorized by section four-a, article twenty-three
of this chapter, but the matching contributions made by the state
or employer in his behalf for retirement plans shall be limited to
those provided by sections fourteen and sixteen of this article.
Notwithstanding the provisions of subsection (a) of Plan B,
section twenty-six of this article, or any other provision herein,
any such member who exercises such option and makes the required
additional payment will then be considered entitled to retirement,
death, withdrawal and all other benefits under the retirement
system to the same extent as if he had been paying into the
retirement system the full amount provided by law for members of
the system other than employees of the board of regents throughout
the period of his membership in the retirement system.
Any such member who does not make such election shall have the
options of retaining his present status under the retirement system
and the supplemental retirement plan as provided by section four-a,
article twenty-three of this chapter, or of ceasing to pay any
portion of his salary into the retirement system and paying a
percentage of his entire salary into a retirement plan established
by the board of regents pursuant to the provisions of said section
four-a, article twenty-three of this chapter. In the event he
makes the latter election he shall, upon retirement, receive
benefits under the retirement system as if he had retired at the
date he ceased making payments into the system, except that between
such time and the time of actual retirement regular interest shall be considered in computing such benefits.
A person employed by the West Virginia board of regents in the
future shall have the option, as of the date of his employment, to
elect whether he is to pay a percentage of his entire salary into
the state retirement system, or to pay a percentage of such salary
into a retirement plan established by the board of regents pursuant
to the provisions of section four-a, article twenty-three of this
chapter, and shall receive benefits according to the retirement
plan he selects.
Since persons employed by the former board of governors of
West Virginia University, and by the state board of education at
institutions of higher education, on July one, one thousand nine
hundred sixty-nine, became employees of the West Virginia board of
regents on that date, employment by such board of governors and the
state board of education at institutions of higher education shallbe deemed to have been employment by the board of regents for the
purposes of this section.
Each employer shall be held accountable for the sum
composing the contributions made by its member employees.
Whenever any county board of education shall fail to make timely
remittance of the member contributions deducted as provided in
this section, the board of school finance shall, upon request of
the retirement board, deduct from the next allotment of state aid
for schools made to such county board, and shall transfer to the
retirement board, the amount so in default.
At the beginning of each quarter the governor shall transfer
to the employers accumulation fund one fourth of the annual
appropriations therefor.
(b) For the purpose of this article, the Retirement Board
shall grant prior service credit to new entrants and other members
of the retirement system for service in any of the Armed Forces of
the United States in any period of national emergency within which
a federal Selective Service Act was in effect. For purposes of
this section, "Armed Forces" includes Women's Army Corps, women's
appointed volunteers for emergency service, Army Nurse Corps,
SPARS, Women's Reserve and other similar units officially parts of
the military service of the United States. The military service is
considered equivalent to public school teaching, and the salary
equivalent for each year of that service is the actual salary of
the member as a teacher for his or her first year of teaching after
discharge from military service. Prior service credit for military
service shall not exceed ten years for any one member, nor shall it
exceed twenty-five percent of total service at the time of retirement. Notwithstanding the preceding provisions of this
subsection, contributions, benefits and service credit with respect
to qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this
section, "qualified military service" has the same meaning as in
Section 414(u) of the Internal Revenue Code. The Retirement Board
is authorized to determine all questions and make all decisions
relating to this section and, pursuant to the authority granted to
the Retirement Board in section one, article ten-d, chapter five of
this code, may promulgate rules relating to contributions, benefits
and service credit to comply with Section 414(u) of the Internal
Revenue Code. No military service credit may be used in more than
one retirement system administered by the Consolidated Public
Retirement Board.
(c) For service as a teacher in the employment of the federal
government, or a state or territory of the United States, or a
governmental subdivision of that state or territory, the Retirement
Board shall grant credit to the member: Provided, That the member
shall pay to the system double the amount he or she contributed
during the first full year of current employment, times the number
of years for which credit is granted, plus interest at a rate to be
determined by the Retirement Board. The interest shall be
deposited in the reserve fund and service credit granted at the
time of retirement shall not exceed the lesser of ten years or
fifty percent of the member's total service as a teacher in West Virginia. Any transfer of out-of-state service, as provided in
this article, shall not be used to establish eligibility for a
retirement allowance and the Retirement Board shall grant credit
for the transferred service as additional service only: Provided,
however, That a transfer of out-of-state service is prohibited if
the service is used to obtain a retirement benefit from another
retirement system: Provided further, That salaries paid to members
for service prior to entrance into the retirement system shall not
be used to compute the average final salary of the member under the
retirement system.
(d) Service credit for members or retired members shall not be
denied on the basis of minimum income rules promulgated by the
teachers retirement board: Provided, That the member or retired
member shall pay to the system the amount he or she would have
contributed during the year or years of public school service for
which credit was denied as a result of the minimum income rules of
the Teachers Retirement Board.
(e) No members shall be considered absent from service while
serving as a member or employee of the Legislature of the state of
West Virginia during any duly constituted session of that body or
while serving as an elected member of a county commission during
any duly constituted session of that body.
(f) No member shall be considered absent from service as a
teacher while serving as an officer with a statewide professional
teaching association, or who has served in that capacity, and no retired teacher, who served in that capacity while a member, shall
be considered to have been absent from service as a teacher by
reason of that service: Provided, That the period of service
credit granted for that service shall not exceed ten years:
Provided, however, That a member or retired teacher who is serving
or has served as an officer of a statewide professional teaching
association shall make deposits to the Teachers Retirement Board,
for the time of any absence, in an amount double the amount which
he or she would have contributed in his or her regular assignment
for a like period of time.
(g) The Teachers Retirement Board shall grant service credit
to any former or present member of the West Virginia Public
Employees Retirement System who has been a contributing member for
more than three years, for service previously credited by the
Public Employees Retirement System and: (1) Shall require the
transfer of the member's contributions to the Teachers Retirement
System; or (2) shall require a repayment of the amount withdrawn
any time prior to the member's retirement: Provided, That there
shall be added by the member to the amounts transferred or repaid
under this subsection an amount which shall be sufficient to equal
the contributions he or she would have made had the member been
under the Teachers Retirement System during the period of his or
her membership in the Public Employees Retirement System plus
interest at a rate to be determined by the Board compounded
annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.
(h) For service as a teacher in an elementary or secondary
parochial school, located within this state and fully accredited by
the West Virginia Department of Education, the Retirement Board
shall grant credit to the member: Provided, That the member shall
pay to the system double the amount contributed during the first
full year of current employment, times the number of years for
which credit is granted, plus interest at a rate to be determined
by the Retirement Board. The interest shall be deposited in the
reserve fund and service granted at the time of retirement shall
not exceed the lesser of ten years or fifty percent of the member's
total service as a teacher in the West Virginia public school
system. Any transfer of parochial school service, as provided in
this section, may not be used to establish eligibility for a
retirement allowance and the Board shall grant credit for the
transfer as additional service only: Provided, however, That a
transfer of parochial school service is prohibited if the service
is used to obtain a retirement benefit from another retirement
system.
(i) Active members who previously worked in CETA
(Comprehensive Employment and Training Act) may receive service
credit for time served in that capacity: Provided, That in order
to receive service credit under the provisions of this subsection
the following conditions must be met: (1) The member must have
moved from temporary employment with the participating employer to permanent full-time employment with the participating employer
within one hundred twenty days following the termination of the
member's CETA employment; (2) the Board must receive evidence that
establishes to a reasonable degree of certainty as determined by
the Board that the member previously worked in CETA; and (3) the
member shall pay to the Board an amount equal to the employer and
employee contribution plus interest at the amount set by the Board
for the amount of service credit sought pursuant to this
subsection: Provided, however, That the maximum service credit
that may be obtained under the provisions of this subsection is two
years: Provided further, That a member must apply and pay for the
service credit allowed under this subsection and provide all
necessary documentation by the thirty-first day of March, two
thousand three: And provided further, That the Board shall
exercise due diligence to notify affected employees of the
provisions of this subsection.
(j) If a member is not eligible for prior service credit or
pension as provided in this article, then his or her prior service
shall not be considered a part of his or her total service.
(k) A member who withdrew from membership may regain his or
her former membership rights as specified in section thirteen of
this article only in case he or she has served two years since his
or her last withdrawal.
(l) Subject to the provisions of subsections (a) through (l),
inclusive, of this section, the Board shall verify as soon as practicable the statements of service submitted. The Retirement
Board shall issue prior service certificates to all persons
eligible for the certificates under the provisions of this article.
The certificates shall state the length of the prior service
credit, but in no case shall the prior service credit exceed forty
years.
(m) Notwithstanding any provision of this article to the
contrary, when a member is or has been elected to serve as a member
of the Legislature, and the proper discharge of his or her duties
of public office require that member to be absent from his or her
teaching or administrative duties, the time served in discharge of
his or her duties of the legislative office are credited as time
served for purposes of computing service credit: Provided, That
the Board may not require any additional contributions from that
member in order for the Board to credit him or her with the
contributing service credit earned while discharging official
legislative duties: Provided, however, That nothing in this
section may be construed to relieve the employer from making the
employer contribution at the member's regular salary rate or rate
of pay from that employer on the contributing service credit earned
while the member is discharging his or her official legislative
duties. These employer payments shall commence as of the first day
of June, two thousand: Provided further, That any member to which
the provisions of this subsection apply may elect to pay to the
Board an amount equal to what his or her contribution would have been for those periods of time he or she was serving in the
Legislature. The periods of time upon which the member paid his or
her contribution shall then be included for purposes of determining
his or her final average salary as well as for determining years of
service: And provided further, That a member using the provisions
of this subsection is not required to pay interest on any
contributions he or she may decide to make.
(n) The Teachers Retirement Board shall grant service credit
to any former member of the State Police Death, Disability and
Retirement System who has been a contributing member for more than
three years, for service previously credited by the State Police
Death, Disability and Retirement System; and: (1) Shall require
the transfer of the member's contributions to the Teachers
Retirement System; or (2) shall require a repayment of the amount
withdrawn any time prior to the member's retirement: Provided,
That the member shall add to the amounts transferred or repaid
under this paragraph an amount which is sufficient to equal the
contributions he or she would have made had the member been under
the Teachers Retirement System during the period of his or her
membership in the State Police Death, Disability and Retirement
System plus interest at a rate to be determined by the Board
compounded annually from the date of withdrawal to the date of
payment. The interest paid shall be deposited in the reserve fund.
(b) There shall be deposited into the Teachers Employers
Contribution Collection Account the following:
(1) Contributions of employers, through state appropriations,
and such amounts shall be included in the budget bill submitted
annually by the Governor;
(2) Beginning on the first day of July, two-thousand five,
contributions from each county in an amount equal to fifteen
percent of all salary paid in excess of that authorized for minimum
salaries in sections two and eight-a, article four, chapter
eighteen-a of this code and any salary equity authorized in section
five of said article or any county supplement equal to the amount
distributed for salary equity among the counties for each
individual who was a member of the Teachers' Retirement System
before the first day of July, two-thousand five: Provided, That
the rate shall be seven and one-half percent for any individual who
becomes a member of the Teachers Retirement System for the first time on or after the first day of July, two-thousand five or any
individual who becomes a member of the Teachers' Retirement System
as a result of the transfer contemplated in article seven-d of this
chapter;
(3) The amounts transferred pursuant to section eighteen-a of
this article; and
(4) Any other moneys, available and not otherwise expended,
which may be appropriated or transferred to this account.
(c) Moneys on deposit in the Teacher Employers Contribution
Collection Account shall be transferred monthly in the following
order:
(1) To the Teachers' Retirement System Fund the amount
certified by the Consolidated Public Retirement Board as the
actuarially required contribution; and
(2) The balance, if any, to the Employee Pension and Health
Care Benefits Fund established under section thirty-nine, article
seven-a of this chapter.
(d) There is hereby continued in the State Treasury a separate
irrevocable trust designated the Teachers' Retirement System Fund.
The Teachers' Retirement System Fund shall be invested as provided
in section nine-a, article six, chapter twelve of this code.
(e) There shall be deposited into the Teachers' Retirement
System Fund, the following:
(1) Moneys transferred from the Teachers Employers
Contribution Collection Account;
(2) Member contributions provided for in section fifteen of
this article;
(3) Gifts and bequests to the fund and any accretions and
accumulations which may properly be paid into and become a part of
the fund;
(4) Specific appropriations to the fund made by the
Legislature;
(5) Interest on the investment of any part or parts of the
fund; and
(6) Any other moneys, available and not otherwise expended,
which may be appropriated or transferred to the Teachers Retirement
System or the Fund.
(f) The Teachers Retirement System Fund shall be the fund from
which annuities shall be paid.
(g) The Consolidated Public Retirement Board has sole
authority to direct and approve the making of any and all fund
transfers as provided in this section, anything in this code to the
contrary notwithstanding.
(h) References in the code to the Teachers Accumulation Fund,
the Employers Accumulation Fund, the Benefit Fund, the Reserve Fund
and the Expense Fund mean the Teachers Retirement System Fund.
There shall be an additional allocation in each year an amount
equal to the total of all irrevocably forfeited amounts in the
suspension account established in section eleven, article seven-b
of this chapter plus earnings thereon which have been certified to
the several contributing employers as irrevocably forfeited in the
prior fiscal year and subsequently used by the contributing
employers to reduce their total aggregate contribution requirements
pursuant to section seventeen, article seven-b of this chapter.
(b) The additional allocation provided in this section
represents a funding method by which a part of a rational
amortization plan will be established to amortize the current
unfunded liability of the Teachers Retirement System created by
this article. The additional allocations are not and shall not be
construed to be moneys which are owed to, nor earned by any
employee.
The custodian shall furnish annually to the retirement board
a sworn statement of the amount of the funds in his custody
belonging to the retirement system.
The members of the retirement board shall be the trustees of
the several funds created by this article, and shall determine from
time to time what part of the moneys belonging to the retirement
system shall be invested. When such board shall determine to
invest any moneys or to convert or sell any securities, it shall by
resolution so direct the custodian. The board of public works is
hereby empowered to determine in what securities the investments
shall be made, but such investments shall be made only in those
securities to which the board of public works is limited in the
investment of workers' compensation funds under section two,
article three, chapter twenty-three of this code, or in bonds,
notes, or other instruments evidencing loans secured by mortgages
or deeds of trust insured, or with respect to which commitments to
insure have been made by the United States, or by the secretary of
agriculture, pursuant to the Bankhead-Jones Farm Tenant Act of
1937, as heretofore or hereinafter amended. It shall be the duty
of every county, school district or municipality issuing any bonds
to offer them in writing to the board of public works, prior to
advertising the bonds for sale. The board of public works, within
fifteen days after receipt of such offer, may accept or reject such
offer in whole or in part. It shall be the duty of the custodian
to collect the principal and the interest on investments when they
become due and payable and to credit such collections to the
retirement system.
(a) Present members upon retirement;
(b) Any person who has served at least twenty-five years as
a teacher prior to July one, one thousand nine hundred forty-
one; and
(c) A new entrant who becomes a present teacher.
(1) A contributor who withdraws from service for any cause
other than death, disability or retirement shall, upon application,
be paid his or her accumulated contributions up to the end of the
fiscal year preceding the year in which application is made, after
offset of any outstanding loan balance, plus accrued interest,
pursuant to section thirty-four of this article, but in no event
shall interest be paid beyond the end of five years following the
year in which the last contribution was made: Provided, That the
contributor, at the time of application, is then no longer under
contract, verbal or otherwise, to serve as a teacher; or
(2) If the contributor has completed twenty years of total
service, he or she may elect to receive at retirement age an
annuity which shall be computed as provided in this article:
Provided, That if the contributor has completed at least five, but
fewer than twenty, years of total service in this state, he or she
may elect to receive at age sixty-two an annuity which shall be
computed as provided in this article. The contributor must notify
the retirement board in writing concerning the election. If the
contributor has completed fewer than five years of service in this
state, he or she shall be subject to the provisions as outlined in
subdivision (1) of this subsection.
(b) Benefits upon the death of a contributor prior to retirement under the provisions of this article shall be paid as
follows:
(1) If the contributor was at least fifty years old and if his
or her total service as a teacher was at least twenty-five years at
the time of his or her death, then the surviving spouse of the
deceased, provided the spouse is designated as the sole refund
beneficiary, is eligible for an annuity computed as though the
deceased were actually a retired teacher at the time of death and
had selected a survivorship option which pays the spouse the same
monthly amount which would have been received by the deceased; or
(2) If the facts do not permit payment under subdivision (1)
of this subsection, then the following sum shall be paid to the
refund beneficiary of the contributor: The contributor's
accumulated contributions up to the year of his or her death plus
an amount equal to his or her employee contributions. The latter
sum shall emanate from the Employer's Accumulation Fund.
(b) In the event that all claims to benefits payable to, or on
behalf of, a retired member expire, and the accumulated
contributions exceed the accumulated net benefit payments paid to
or on behalf of the retired member, the balance in the retired
member's account shall be paid to the person or persons as the
retired member has nominated by written designation duly executed
and filed with the board of trustees. If there is no designated
person or persons surviving the retired member following the
expiration of the claims, the excess of the accumulated
contributions over the accumulated net benefit, if any, shall be
paid to the retired member's estate: Provided, That the provisions
of this section are retroactive to all members who entered
retirement status on or after the ninth day of June, two thousand.
Acts, 2006 Reg. Sess., Ch. 200.
(b) Any member who has attained the age of fifty-five years
and who has served thirty years as a teacher in West Virginia is
eligible for an annuity.
(c) Any member who has served at least thirty but less than
thirty-five years as a teacher or nonteaching member in West
Virginia and is less than fifty-five years of age is eligible for
an annuity, but the annuity shall be the reduced actuarial
equivalent of the annuity the member would have received if the
member were age fifty-five at the time such annuity was applied
for.
(d) The request for any annuity shall be made by the member in
writing to the retirement board, but in case of retirement for
disability, the written request may be made by either the member or
the employer.
(e) A member is eligible for annuity for disability if he or
she satisfies the conditions in either subdivision (1) or (2) of
this subsection and meets the conditions of subdivision (3) of this
subsection as follows:
(1) His or her service as a teacher or nonteaching member in West Virginia must total at least ten years and service as a
teacher or nonteaching member must have been terminated because of
disability, which disability must have caused absence from service
for at least six months before his or her application for
disability annuity is approved.
(2) His or her service as a teacher or nonteaching member in
West Virginia must total at least five years and service as a
teacher or nonteaching member must have been terminated because of
disability, which disability must have caused absence from service
for at least six months before his or her application for
disability annuity is approved and the disability is a direct and
total result of an act of student violence directed toward the
member.
(3) An examination by a physician or physicians selected by
the Retirement Board must show that the member is at the time
mentally or physically incapacitated for service as a teacher, that
for that service the disability is total and likely to be permanent
and that he or she should be retired in consequence of the
disability.
(f) Continuance of the disability of the retired member shall
be established by medical examination, as prescribed in subdivision
(3), subsection (e) of this section, annually for five years after
retirement, and thereafter at such times required by the retirement
board. Effective the first day of July, one thousand nine hundred
ninety-eight, a member who has retired because of a disability may select an option of payment under the provisions of section
twenty-eight of this article: Provided, That any option selected
under the provisions of section twenty-eight of this article shall
be in all respects the actuarial equivalent of the straight life
annuity benefit the disability retiree receives or would receive if
the options under said section were not available and that no
beneficiary or beneficiaries of the disability annuitant may
receive a greater benefit, nor receive any benefit for a greater
length of time, than the beneficiary or beneficiaries would have
received had the disability retiree not made any election of the
options available under said section. In determining the actuarial
equivalence, the board shall take into account the life
expectancies of the member and the beneficiary: Provided, however,
That the life expectancies may at the discretion of the board be
established by an underwriting medical director of a competent
insurance company offering annuities. Payment of the disability
annuity provided in this article shall cease immediately if the
retirement board finds that the disability of the retired teacher
no longer exists, or if the retired teacher refuses to submit to
medical examination as required by this section.
As of the effective date of this section, no person serving
under a contract of unlimited tenure or similar arrangement
providing for unlimited tenure at an institution of higher
education shall be compelled to retire from such employment prior
to attaining seventy years of age. In the event such person shall
reach age seventy in the middle of a semester or fiscal year, such
person shall not be compelled to retire prior to the end of the
semester or fiscal year: Provided, That in no event shall such
retirement be postponed beyond six months after the date on which
such person attained the age of seventy: Provided, however, That
nothing in this section shall be construed to preclude discharge of
such person for cause.
Annuitants whose annuities were approved by the retirement
board on or before December eighteen, one thousand nine hundred
sixty-two, shall, upon written application, receive in addition to
such approved annuities a monthly allowance computed as follows:
The annuitant's years of service shall be multiplied by thirty
dollars and this product shall then be divided by his monthly
retirement allowance, as computed prior to the above-stated date,
excluding any portion of said allowance which is based on voluntary
deposits of the annuitant.
In addition thereto, beginning July one, one thousand nine
hundred sixty-five, each annuitant under the provisions of this
section shall receive a monthly amount equal to seventy-six cents
multiplied by his total service credit.
As an additional supplement to other retirement allowances
provided, each annuitant whose annuity was approved by the
retirement board prior to January one, one thousand nine hundred
sixty-seven, shall receive a monthly amount equal to twenty-five
cents multiplied by his total service credit.
As an additional supplement to other retirement allowances
provided, each annuitant whose annuity was approved by the
retirement board prior to January one, one thousand nine hundred
sixty-nine, shall receive a monthly amount equal to fifty cents
multiplied by his total service credit.
As an additional supplement to other retirement allowances
provided, each annuitant whose annuity was approved by the
retirement board prior to July one, one thousand nine hundred
seventy, shall receive, upon application, an amount equal to
twenty-five percent of his present retirement allowance.
(a) An annuitant whose annuity was approved by the board
effective after June thirty, one thousand nine hundred sixty-three,
and before July one, one thousand nine hundred seventy, may
receive, at his election, an annuity of two percent of his average
final salary times his total service credit, plus deposits and tax
sheltered annuities, but not including the supplemental benefits
permitted pursuant to sections twenty-six-a, twenty-six-b, twenty-six-c and twenty-six-d of this article. Any additional benefit
conferred herein shall not be retroactive, but shall be paid
beginning July one, one thousand nine hundred seventy-one, if the
option to elect the above plan is exercised by the annuitant prior
to May thirty-one, one thousand nine hundred seventy-one.
(b) An annuitant whose annuity was approved by the board
effective before July one, one thousand nine hundred sixty-three,
and any annuitant who is eligible for, but does not elect the plan
specified in subsection (a) of this section shall receive, upon
application, an additional amount equal to twenty-five percent of
his present retirement allowance.
(c) Any retired teacher who was an employee of the West
Virginia board of governors or the state board of education and who
was limited in the amount he could pay into the retirement system
to two hundred sixteen dollars per year from July one, one thousand
nine hundred sixty-three, to July one, one thousand nine hundred
seventy, and who retired prior to February one, one thousand nine
hundred seventy, shall have the option at any time within six
months from the effective date hereof, to pay into the retirement system the difference between such limitations and twice the amount
he would have paid therein had he been paying the full amount
provided by law for members of the retirement system other than
employees of the West Virginia board of governors or the state
board of education. Upon completion of such above-named
contributions the annuitant shall be entitled to benefits under the
formula specified in subsection (a) of this section, plus deposits
and tax sheltered annuities, but not including the supplemental
benefits permitted pursuant to sections twenty-six-a, twenty-six-b,
twenty-six-c and twenty-six-d of this article. Any additional
benefit conferred herein shall not be retroactive to the time of
retirement, but shall be paid beginning July one, one thousand nine
hundred seventy-one.
As an additional supplement to other retirement allowances
provided, each annuitant whose retirement allowance became
effective during the respective dates indicated in this section
shall receive, upon application, an increased amount, payable
monthly, which is the product of his present retirement allowance
multiplied by the percentage increase applicable, according to the
effective date of retirement and according to the plan of
retirement, as provided by the schedule below.
Effective Date ofPercentage of
RetirementRetirement Allowance Increase
July 1, 1941 through June 30, 1953 16.00%
July 1, 1953 through June 30, 1963 19.00%
July 1, 1963 through June 30, 1965 14.00%
July 1, 1965 through June 30, 1966 10.50%
July 1, 1966 through June 30, 1968 9.50%
July 1, 1968 through June 30, 1969 6.00%
July 1, 1969 through June 30, 1970 9.00%
Any additional benefit conferred herein shall not be
retroactive to the time of retirement, but shall be paid as
follows: One half of the respective retirement allowance
percentage increase shall become effective July 1, 1973, and one
half of the respective retirement allowance percentage increase
shall become effective July 1, 1974.
From an appropriation of general revenue funds made annually
by the Legislature for this purpose and as an additional supplement
to other retirement allowances, each annuitant whose retirement
allowance became effective during the respective dates indicated in
this section shall receive, upon application, an amount which is
the product of his present retirement allowance, including all of
the supplemental benefits provided in the preceding section of this
article, multiplied by the percentage increase applicable,
according to the effective date of retirement and according to the
plan of retirement, as provided by the schedule below.
Effective Date Percentage of Retirement
of Retirement Allowance Increase
July 1, 1941 through June 30, 1953 13.50%
July 1, 1953 through June 30, 1963 15.25%
July 1, 1963 through June 30, 1965 12.25%
July 1, 1965 through June 30, 1966 9.00%
July 1, 1966 through June 30, 1968 8.75%
July 1, 1968 through June 30, 1969 5.50%
July 1, 1969 through June 30, 1970 8.25%
Any additional benefit conferred herein shall not be
retroactive to the time of retirement, but shall be paid beginning
the first day of July, one thousand nine hundred seventy-five.
Any annuitant who is receiving a retirement annuity of less
than seven thousand five hundred dollars annually on the effective
date of this section shall receive a supplemental benefit,
prospectively, under this section: Provided, That the effective
date of retirement for such annuitant was prior to the first day of
July, one thousand nine hundred seventy-nine, and he had ten years
or more of credited service at the time of such retirement. For
the purposes of this section, "effective date of retirement" means
the last day of actual employment, or the last day carried on the
payroll of the employer, whichever is later, together with a
meeting fully of all eligibility requirements for retirement prior
to the aforesaid effective date. Any annuitant retired pursuant to
the disability provisions of this article shall be considered to
have had ten years or more credited service at the time of such
retirement.
Each such annuitant shall receive as his supplemental benefit
an increased annual amount which is the product of the sum of
eighteen dollars multiplied by his years of credited service:
Provided, That the total annuity of any annuitant affected by the
provisions of this section, together with any of the other
provisions of this article, shall not exceed seven thousand five
hundred dollars annually.
Any annuitant receiving the supplemental benefit provided for
herein for the annuity payment period just prior to the first day
of July, one thousand nine hundred eighty-five, or any annuitant
made newly eligible for receipt of such supplemental benefit on such date, shall receive a nineteen percent increase in the amount
of such supplemental benefit prior received or newly calculated,
effective on and after the first day of July, one thousand nine
hundred eighty-five, and irrespective of the maximum total annuity
proviso, and limitation of seven thousand five hundred dollars
annually. In any fiscal year in which pay increases are granted by
the Legislature to active teachers, there may also be given an
increase in retirement benefits for retired teachers, if funding is
available for this purpose.
For the purpose of calculating the supplemental benefit
provided in this section, fractional parts of a service credit year
are to be disregarded unless in excess of one half of a credited
service year, in which event the same shall constitute a full year
of service credit.
On or after the first day of July, one thousand nine hundred
eighty-two, for the purpose of computation for determination of
eligibility and for the amount of any supplemental benefit
hereunder, separate computation shall be made of a retirant's own
benefit and that which may be receivable as beneficiary of another,
under the provisions of this article, with each such benefit being
eligible for the supplemental benefit herein provided.
Beginning on the first day of January, one thousand nine
hundred ninety-one, any annuitant who is receiving a retirement
annuity on the effective date of this section shall receive a
supplemental benefit, prospectively, if the effective date of
retirement for such annuitant was prior to the first day of July,
one thousand nine hundred eighty-one, and such annuitant is not
receiving supplemental benefits pursuant to section twenty-six-h of
this article. For the purposes of this section, "effective date of
retirement" means the last day of actual employment or the last day
carried on the payroll of the employer, whichever is later,
together with fully meeting all of the eligibility requirements
for retirement prior to the aforesaid effective date.
Each such eligible annuitant shall receive as his or her
supplemental benefit an increased annual amount which is the
product of the sum of eighteen dollars multiplied by his or her
years of credited service.
For the purpose of calculating the supplemental benefit
provided in this section, fractional parts of a service credit year
are to be disregarded unless in excess of one half of a credited
service year, in which event a full year of service credit shall be
given.
For the purpose of computation for determination of
eligibility and for the amount of any supplemental benefit
hereunder, separate computation shall be made of a retirant's own
benefit and that which may be receivable as beneficiary of another,
under the provisions of this article, with each such benefit being eligible for the supplemental benefit herein provided.
Prior to the first day of January, one thousand nine hundred
ninety-one, the executive secretary of the board shall provide to
the Legislature information as to the number of annuitants who
retired before the first day of July, one thousand nine hundred
eighty-one, the amounts of the annuities they receive, the amount
of funds necessary to provide cost of living increases to such
annuitants, and such other detail and related information as the
joint committee on government and finance may direct.
As an additional supplement to other retirement allowances
provided, each annuitant whose annuity was approved by the
retirement board prior to the first day of July, one thousand nine
hundred eighty-one, and such annuitant is not receiving
supplemental benefits pursuant to section twenty-six-i of this
article, shall receive a monthly amount equal to one dollar and
twenty-five cents multiplied by his or her total service credit.
As an additional supplement to other retirement allowances
provided, each annuitant who retired between the first day of July,
one thousand nine hundred eighty-one, and the first day of July,
one thousand nine hundred eighty-two, shall receive a monthly
amount equal to two dollars multiplied by his or her total service
credit.
As an additional supplement to other retirement allowances
provided, each annuitant whose annuity was approved by the
retirement board prior to the first day of July, one thousand nine
hundred eighty-two, and whose benefits were increased in the year
one thousand nine hundred ninety, pursuant to the provisions of
section twenty-six-i of this article, shall receive a monthly
amount equal to fifty cents multiplied by his or her total service
credit.
(a) As an additional supplement to other retirement allowances
provided, each annuitant whose annuity was approved by the
retirement board prior to the first day of January, one thousand
nine hundred seventy-one, and who is receiving a monthly pension of
three hundred dollars or less, shall receive a monthly amount equal
to one dollar multiplied by his or her total service credit.
(b) As an additional supplement to other retirement allowances
provided, each annuitant whose annuity was approved on or after
the first day of July, one thousand nine hundred eighty-two, and
before the first day of July, one thousand nine hundred eighty-four, shall receive a monthly amount equal to two dollars
multiplied by his or her total service credit.
(1) For retirees who, as of the first day of July, two
thousand one, are at least sixty-five years of age and who have
been an annuitant for at least five consecutive years, this
one-time supplement shall equal five percent of his or her annuity
benefit as of the effective date of this section;
(2) For retirees who, as of the first day of July, two
thousand one, are at least seventy years of age and who have been
an annuitant for at least five consecutive years, this one-time
supplement shall equal ten percent of his or her annuity benefit as
of the effective date of this section; and
(3) For any person who, as of the first day of July, two
thousand one, is at least sixty-five years of age and who retired
under the early retirement incentive provided in section
thirty-five-b of this article, this one-time supplement shall equal
three percent of his or her annuity benefit as of the effective
date of this section and subdivisions (1) and (2) of this
subsection do not apply.
(b) The one-time supplement provided for in this section
applies only to members who have retired prior to or as of the effective date of this section or, if applicable, to beneficiaries
receiving benefits under the retirement system prior to or as of
the effective date of this section: Provided, That the supplement
provided herein is subject to any applicable limitations thereon
under Section 415 of the Internal Revenue Code of 1986, as amended.
(b) The one-time supplement provided in this section applies
only to members who have retired at least five years prior to the
first day of July, two thousand six, or, if applicable, to
beneficiaries of deceased members who have been receiving benefits
under the retirement system at least five years prior to the first
day of July, two thousand six: Provided, That the supplement
provided herein is subject to any applicable limitations thereon
under Section 415 of the Internal Revenue Code of 1986, as amended.
(a) As an additional bonus payment to other retirement
allowances provided, a one-time bonus payment to retirement
benefits shall be paid to retirants of the retirement system as
provided in subsection (b) of this section. The one-time bonus
payment shall equal six hundred dollars and shall be paid on the
twenty-fifth day of July, two thousand eight.
(b) The one-time bonus payment provided in this section
applies to any retirant with at least twenty years of service as a
contributing member who currently receives an annual retirement
annuity of not more than seven thousand two hundred dollars. This
one-time bonus payment is subject to any applicable limitations
under section 415 of the Internal Revenue Code of 1986, as amended.
(c) The one-time bonus payment provided by this section shall
be payable pro rata to any beneficiaries of a qualifying retirant
who currently receive an annuity or other benefit payable by the
retirement system.
(b) The one-time bonus payment provided in this section
applies to any retirant with at least twenty years of service as a
contributing member who currently receives an annual retirement
annuity of not more than $7,200. This one-time bonus payment is
subject to any applicable limitations under section 415 of the
Internal Revenue Code of 1986, as amended.
(c) The one-time bonus payment provided by this section shall
be payable pro rata to any beneficiaries of a qualifying retirant
who currently receive an annuity or other benefit payable by the
retirement system.
When a beneficiary and his or her spouse have been approved
for a retirement plan which provides for them a joint life annuity,
and their marriage is subsequently dissolved, the board shall
permit such beneficiary to convert to the maximum life annuity plan
approved by the board: Provided, That the beneficiary shall
furnish to the board proof of entry of a final decree of divorce or
annulment: Provided, however, That a beneficiary who qualifies for
the change of retirement plans afforded by this section shall be
permitted only one such change: Provided further, That the
recalculated monthly benefits, independently of increases granted
by law after the beneficiary's retirement, shall not exceed the
monthly benefits which would have been applicable under the maximum
life annuity plan at the time the beneficiary retired; and with
such recalculation to be effective on the first day of the month
following submission to the board by the beneficiary of proof of
entry of a final decree of divorce or annulment.
Upon remarriage, a retirant may name the new spouse as an annuitant for any of the survivorship retirement benefit options
offered by the provisions of this section: Provided, That the
beneficiary shall furnish to the retirement board satisfactory
proof of the marriage: Provided, however, That the retirant
certifies under penalty of perjury that no qualified domestic
relations order that would restrict such a designation is in
effect: Provided further, That no cause or action against the
board may then arise or be maintained on the basis of having
permitted the retirant to name a new spouse as annuitant for any of
the survivorship retirement benefit options. The value of the new
survivorship annuity shall be the actuarial equivalent of the
retirant's benefit prospectively in effect at the time the new
annuity is elected.
(b) If any increase of existing benefits or creation of new
benefits for any retirees or beneficiaries currently receiving
monthly benefit payments under the retirement system, other than an
increase in benefits or new benefits effected by operation of law
in effect on the effective date of this article, causes any
additional unfunded actuarial accrued liability in any of the West
Virginia state sponsored pension systems as calculated in the
annual actuarial valuation for each plan during any fiscal year,
additional unfunded actuarial accrued liability of that pension
system shall be fully amortized over no more than the six
consecutive fiscal years following the date the increase in
benefits or new benefits become effective as certified by the
Consolidated Public Retirement Board. Following the receipt of the
certification of additional actuarial accrued liability, the Governor shall submit the amount of the amortization payment each
year for the retirement system as part of the annual budget
submission or in an executive message to the Legislature.
(c) Notwithstanding the provisions of subsections (a) and (b)
of this section, the computation of annuities or benefits for
active members due to retirement, death or disability as provided
for in the retirement system shall not be amended in such a manner
as to increase any existing benefits or to provide for new
benefits.
(d) The provisions of this section terminate effective the
first day of July, two thousand thirty-four: Provided, That if
bonds are issued pursuant to article eight, chapter twelve of this
code, the provisions of this section shall not terminate while any
of the bonds are outstanding.
(1) Loans shall be made in multiples of $10, the minimal loan
being $100 and the maximum being $8,000: Provided, That the
maximum amount of any loan when added to the outstanding balance of
all other loans granted under this section shall not exceed the
lesser of the following: (A) $8,000 reduced by the excess, if any,
of the highest outstanding balance of loans during the one-year
period ending on the day before the date on which the loan is made,
over the outstanding balance of loans to the member on the date on
which the loan is made; or (B) fifty percent of the member's
contributions to his or her individual account in the Teachers
Retirement System: Provided, however, That if the total amount of
loaned money outstanding exceeds $40 million, the maximum shall not
exceed $3,000 until the retirement board determines that loans
outstanding have been reduced to an extent that additional loan
amounts are again authorized: Provided further, That the amount of
any loan made pursuant to article seven-d of this chapter is not
included for the purposes of determining if the $40 million
threshold has been exceeded.
(2) Interest charged on the amount of the loan shall be six
percent per annum, or a higher rate as set by the board: Provided, That interest charged shall be commercially reasonable in
accordance with the provisions of Section 72(p)(2) of the Internal
Revenue Code, and the federal regulations issued thereunder. If
repayable in installments, the interest shall not exceed the annual
rate so established upon the principal amount of the loan, for the
entire period of the loan, and the charge shall be added to the
principal amount of the loan. The minimal interest charge shall be
for six months.
(3) No member is eligible for more than one outstanding loan
at any time: Provided, That the foregoing provision does not apply
to any loan made pursuant to article seven-d of this chapter. Upon
full payment of a loan, a member may apply for a subsequent loan
after sixty days beginning the first day of the month following
receipt of final payment.
(4) If a refund of accumulated contributions is payable to the
borrower or his or her beneficiary before he or she repays the loan
with interest, the balance due with interest to date shall be
deducted from the refund. A member with an unpaid loan balance who
wishes to retire or becomes eligible to receive disability benefits
under any provision of this article may have the loan repaid in
full by accepting retirement income or disability payments reduced
by deducting from the actuarial reserve for the accrued benefit the
amount of the unpaid balance plus accrued interest, if any, and
then converting the remaining of the reserve to a monthly pension
or disability benefit payable in the form of the annuity desired by the member.
(5) From his or her monthly salary as a teacher or a
nonteacher the member shall pay the loan and interest by deductions
which will pay the loan and interest in substantially level
payments in not more than sixty nor less than six months. Upon
notice of loan granted and payment due, the employer is responsible
for making the salary deductions and reporting them to the
retirement board. At the option of the board, loan deductions may
be collected as prescribed herein for the collection of members'
contribution, or may be collected through issuance of warrant by
employer. If the borrower is no longer employed as a teacher or
nonteaching member, the borrower must make monthly loan payments
directly to the Consolidated Public Retirement Board and the board
must accept the payments.
(6) The entire unpaid balance of any loan, and interest due
thereon, shall, at the option of the board, become due and payable
without further notice or demand upon the occurrence with respect
to the borrowing member of any of the following events of default:
(A) Any payment of principal and accrued interest on a loan remains
unpaid after it becomes due and payable under the terms of the loan
or after the grace period established in the discretion of the
board; (B) the borrowing member attempts to make an assignment for
the benefit of creditors of his or her refund or benefit under the
retirement system; or (C) any other event of default set forth in
rules promulgated by the board in accordance with the authority granted pursuant to section one, article ten-d, chapter five of
this code: Provided, That any refund or offset of an unpaid loan
balance shall be made only at the time the member is entitled to
receive a distribution under the retirement system.
(7) Loans shall be evidenced by such form of obligations and
shall be made upon such additional terms as to default, prepayment,
security, and otherwise as the board determines.
(8) Notwithstanding anything herein to the contrary, the loan
program authorized by this section shall comply with the provisions
of Section 72(p)(2) and Section 401 of the Internal Revenue Code,
and the federal regulations issued thereunder, and accordingly, the
retirement board is authorized to: (A) Apply and construe the
provisions of this section and administer the plan loan program in
such a manner as to comply with the provisions of Section 72(p)(2)
and Section 401 of the Internal Revenue Code and the federal
regulations issued thereunder; (B) adopt plan loan policies or
procedures consistent with these federal law provisions; and (C)
take such actions as it considers necessary or appropriate to
administer the plan loan program created hereunder in accordance
with these federal law provisions. The retirement board is further
authorized in connection with the plan loan program to take any
actions that may at any time be required by the Internal Revenue
Service regarding compliance with the requirements of Section
72(p)(2) or Section 401 of the Internal Revenue Code, and the
federal regulations issued thereunder, notwithstanding any provision in this article to the contrary.
(b) Notwithstanding anything in this article to the contrary,
the loan program authorized by this section shall not be available
to any teacher or nonteacher who becomes a member of the Teachers
Retirement System on or after July 1, 2005: Provided, That a
member is eligible for a loan under article seven-d of this chapter
to pay all or part of the Actuarial Reserve, or if available in
accordance with the provisions of subsection (d), section six,
article seven-d of this chapter, the one and one-half percent
contribution for service in the Teachers' Defined Contribution
System for the purpose of receiving additional service credit in
the State Teachers Retirement System pursuant to section six,
article seven-d, of this chapter.
(c) A member who ceases service with an unpaid loan balance
will no longer be a member when the unpaid loan balance, plus
accrued interest, equals or exceeds the member's accumulated
contributions.
(b) Such nonteaching employees shall be entitled to all the
rights, privileges and benefits provided for teachers by this
article, upon the same terms and conditions as are herein
prescribed for teachers. Any member who was employed as a
regular full-time employee in a nonteaching capacity by a board
of education, school principal or school administrator, prior to
the time he became eligible for membership in the state teachers
retirement system, shall be granted prior service credit for such
service upon making application to the retirement board and
providing satisfactory evidence of such service.
(c) Except as provided in section thirteen-b of this
article, employees of the cooperative extension service and its
predecessors in title, (agriculture extension division, West
Virginia extension agency, and West Virginia University
cooperative extension service) shall be entitled to all the
rights, privileges and benefits provided for teachers by this
article, upon the same terms and conditions as are herein
prescribed for teachers. Any member of the extension service or
its predecessors in title, who was employed for thirty hours or
more per week, prior to the time he became eligible for membership in the state teachers retirement system, shall be
granted service credit for such service upon making application
to the retirement board and providing satisfactory evidence of
such service. When the prior service is credited, each member of
the retirement system so credited shall contribute an amount
equal to the amount he would have contributed had he been a
member of the retirement system during the period credited.
Any former member of the state teachers retirement system who
was employed as a regular full-time employee in a nonteaching
capacity by a board of education, school principal or school
administrator, prior to the time he became eligible for membership
in the state teachers retirement system, shall be eligible for
prior service credit for such service. Upon making application to
the retirement board and providing satisfactory evidence, prior
service credit shall be granted and his retirement allowance shall
be recomputed and adjusted to include such prior service credit.
Any increased retirement allowance resulting from the provisions of
this section shall not be retroactive.
(a) For the purposes of this section: (1) "Contract" means
any personal service agreement, not involving the sale of
commodities, that cannot be performed within sixty days or for
which the total compensation exceeds seven thousand five hundred dollars in any twelve-month period. The term "contract" does not
include any agreement obtained by a retirant through a bidding
process and which is for the furnishing of any commodity to a
government agency; (2) "governmental entity" means the state of
West Virginia; a constitutional branch or office of the state
government, or any subdivision of state government; a county, city
or town in the state; a county board of education; a separate
corporation or instrumentality established pursuant to a state
statute; any other entity currently permitted to participate in any
state public retirement system or the public employees insurance
agency; or any officer or official of any entity listed in this
subsection who is acting in his or her official capacity; (3)
"substitute teacher" means a teacher, public school librarian,
registered professional nurse employed by the county board of
education or any other person employed for counselling or
instructional purposes in a public school in this state who is
temporarily fulfilling the duties of an existing person employed in
a specific position who is temporarily absent from that specific
position; and (4) "part-time elected or appointed office" means any
elected or appointed office that compensates its members in an
amount less than two thousand five hundred dollars or requires less
than sixty days of service in any twelve-month period.
(b) Any member who participated in the retirement incentive
program under the prior enactment of this section is not eligible
to accept further employment or accept, directly or indirectly, work on a contract basis from a governmental entity: Provided,
That the executive director may approve, upon written request for
good cause shown, an exception allowing a retirant to perform work
on a contract basis: Provided, however, That a person may retire
under this section and thereafter serve in an elective office:
Provided further, That he or she shall not receive the incentive
option he or she elected under the prior enactment of this section
during the term of service in that office for which the total
compensation exceeds seven thousand five hundred dollars, but shall
receive his or her annuity calculated on regular basis, as if
originally taken not under the prior enactment of this section but
on a regular basis. At the end of the term and cessation of
service in the office, the incentive option resumes. In respect of
an appointive office, as distinguished from an elective office, any
person retiring under this section and thereafter serving in the
appointive office for which the total compensation exceeds seven
thousand five hundred dollars shall not receive the incentive
option he or she elected under the prior enactment of this section
during the term of service in that office, but the incentive option
resumes during that period: And provided further, That at the end
of the term and cessation of service in the appointive office the
incentive option provided for under the prior enactment of this
section resumes: And provided further, That any person elected or
appointed to office by the state or any of its political
subdivisions who waives whatever salary, wage or per diem compensation he or she may be entitled to by virtue of service in
that office and who does not receive any income from service in
that office except the reimbursement of out-of-pocket costs and
expenses that are permitted by the statutes governing the office
shall continue to receive the incentive option he or she elected
under this section. The service may not be counted as contributed
or credited service for purposes of computing retirement benefits.
(c) If the elected or appointed office is a part-time elected
or appointed office, a person electing retirement under this
section may serve in the elective or appointive office with no loss
of the benefits provided under the prior enactment of this section.
(d) Prior to the initiation or renewal of any contract for
which the total compensation exceeds seven thousand five hundred
dollars and entered into pursuant to this section or the acceptance
of any elective or appointive office for which the total
compensation exceeds seven thousand five hundred dollars, a person
who has elected to retire under the early retirement provisions of
the prior enactment of this section shall complete a disclosure and
waiver statement executed under oath and acknowledged by a notary
public. The board shall propose rules for promulgation, pursuant
to article three, chapter twenty-nine-a of this code, regarding the
form and contents of the waiver and disclosure statement. The
disclosure and waiver statement shall be forwarded to the
appropriate state public retirement system administrator who shall
take action to ensure that the early retirement incentive option benefit is reduced in accordance with the provisions of this
section. The administrator shall then certify that action in
writing to the appropriate governmental entity.
(e) In any event, an eligible member who retired under the
prior enactment of this section may continue to receive his or her
incentive annuity and be employed as a substitute teacher, as
adjunct faculty, as a school service personnel substitute, or as a
part-time member of the faculty of southern West Virginia community
college or West Virginia northern community college: Provided,
That the board of directors determines that the part-time
employment is in accordance with policies to be adopted by the
board regarding adjunct faculty. For purposes of this section, a
"part-time member of the faculty" means an individual employed
solely to provide instruction for not more than twelve college
credits per semester.
(f) Any incentive retirants, under the prior enactment of this
section, may not receive an annuity and enter or reenter any
governmental retirement system established or authorized to be
established by the state, notwithstanding any provision of the code
to the contrary, unless required by constitutional provision.
(g) The additional annuity allowed for temporary early
retirement is intended to be paid from the retirement incentive
account created as a special account in the state treasury and from
the funds in the special account established with moneys required
to be applied or transferred by heads of spending units from the unused portion of salary and fringe benefits in their budgets
accruing in respect to the positions vacated and subsequently
canceled under this temporary early retirement program. Salary and
fringe benefit moneys actually saved in a particular fiscal year
constitute the fund source. No additional annuity shall be
disallowed even though initial receipts may not be sufficient, with
funds of the system to be applied for the purpose, as for the base
annuity.
(h) The executive secretary of the retirement system shall
file a quarterly report to the Legislature detailing the number of
retirees who have elected to accept early retirement incentive
options, the dollar cost to date by option selected, and the
projected annual cost through the year two thousand.
(i) Termination of temporary retirement incentives program. --
The right to retire under this section terminated on the thirtieth
day of June, one thousand nine hundred eighty-nine.
Whenever the board determines that (1) any person has
knowingly made any false statement or falsified or permitted to be
falsified any record or records of the retirement system in an
attempt to defraud the system, or (2) any person who resumes
employment with any governmental entity or accepts, directly or
indirectly, work on a contract basis from any governmental entity,
except as provided for under this article, the board shall
terminate any benefit that a person is receiving, has received, or
is entitled to receive under the early retirement provisions of
this article. Further, if any person taking early retirement under
this article desires to revoke his or her early retirement
incentive, he or she shall be allowed to do so if he or she is
entitled to regular retirement pursuant to this article: Provided,
That such revocation shall be retroactive to the date of last
employment and any incentive annuity already received by the
retiree be repaid to the retirement system. Any person who revokes
his or her early retirement incentive shall be thereafter carried
upon the records of the retirement system as a regular retiree and
shall not be entitled to any enhanced benefit by reason of the
early retirement options contained in this article: Provided,
however, That any person who opted to retire pursuant to the early
retirement provisions of this article who would not have been and
is not eligible for regular retirement but for the early retirement
incentive options must upon returning to the employment of a
participating employer, reapply for admission to a retirement
system and repay all pension benefits paid to that person since the date his previous employment ceased. Any termination of benefits
may be appealed pursuant to the state administrative procedures act
in chapter twenty-nine-a of this code. The board shall promulgate
rules regarding the procedure for termination of benefits and the
repayment of any benefit, in accordance with the provisions of
article three, chapter twenty-nine-a of this code.
In light of the determination to repeal the public employees
retirement system II (PERS II) before its proposed date of initial
operation, a study shall be undertaken through the cooperative
efforts of the board of the public employees retirement system, the
board of the teachers retirement system and the legislative
commission on pensions and retirement toward determining the best
method by which to address the fiscal problems of the teachers
retirement system together with any combining of retirement systems
of the state that might be indicated, with report to be made to the
joint committee on government and finance of the Legislature by the
thirtieth day of June, one thousand nine hundred eighty-nine.
(1) The consolidated public retirement board has determined
that retired substitute teachers should not perform substitute
teaching without limit;
(2) The consolidated public retirement board has established,
by rule, a maximum number of days in which a retired teacher may
accept employment prior to having his or her retirement benefit
reduced; and
(3) There have been inconsistencies in the manner in which
county boards calculate the maximum number of days established by
rule.
(b) The consolidated public retirement board may not set forth
in rule a maximum number of days in which a retired teacher may
accept employment prior to having his or her retirement benefit
reduced that is less than one hundred forty days.
(c) For the purpose of calculating whether a retired
substitute teacher has exceeded the maximum number of days in which
a substitute teacher may accept employment without incurring a
reduction in his or her retirement benefit, the number of days
worked shall be determined by:
(1) Totaling the number of hours worked; and
(2) Dividing by the standard number of hours that a full-time teacher works per day.
(b) Effective the first day of July, two thousand five, any
savings realized from the reduction in employer contributions for
current retirement benefits, being the difference between the
required employer contributions that would have been required into
the Teachers Defined Contribution System as in effect immediately
prior to the first day of July, two thousand five and the required
employer contribution for normal cost into the State Teachers
Retirement System on and after the first day of July, two thousand
five, shall be deposited into the Employee Pension and Health Care
Benefits Fund. The Consolidated Public Retirement Board shall
determine the annual amount of the savings based on the annual
actuarial valuation for the plan prepared as of the first day of
July following the end of each fiscal year and certify the amount
to the Governor by the thirty-first day of January of that fiscal
year. The Governor shall submit the amount of the savings as part
of the annual budget submission or in an executive message to the
Legislature.
(c) Moneys in the Employee Pension and Health Care Benefits Fund are to be used and expended to pay for the cost of unfunded
health care benefits or unfunded pension benefits, or to be
transferred into the Pension Liability Redemption Fund created in
section eight, article eight, chapter twelve of this code as
appropriated by the Legislature.
(1) To be in conflict with section four-a, article
twenty-three, chapter eighteen of this code; or
(2) To affect the membership of higher education employees who
are currently members of either the State Teachers Retirement
System created in this article or the Teachers' Defined
Contribution Retirement System created in article seven-b of this
chapter: Provided, That any higher education employees who are
currently members of the Teachers' Defined Contribution Retirement
System may become members of the Teachers Retirement System upon
meeting the requirements of article seven-d of this chapter.
This article shall be known and may be cited as the "Teacher's
Retirement Reform Act".
2011-12 STATE MINIMUM SALARY SCHEDULE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(b) Six hundred dollars shall be paid annually to each
classroom teacher who has at least twenty years of teaching
experience. The payments: (i) Shall be in addition to any amounts
prescribed in the applicable state minimum salary schedule; (ii)
shall be paid in equal monthly installments; and (iii) shall be
considered a part of the state minimum salaries for teachers.
Years
4th
3rd
2nd
A.B.
M.A.
M.A.
M.A.
Doc-
Exp.
Class
Class
Class
A.B.
+15
M.A.
+15
+30
+45
torate
0
26,917
27,606
27,872
29,315
30,076
31,843
32,604
33,365
34,126
35,161
1
27,245
27,934
28,200
29,833
30,594
32,362
33,123
33,883
34,644
35,679
2
27,574
28,262
28,528
30,352
31,113
32,880
33,641
34,402
35,163
36,198
3
27,902
28,590
28,856
30,871
31,631
33,399
34,160
34,920
35,681
36,716
4
28,474
29,162
29,428
31,633
32,394
34,162
34,923
35,683
36,444
37,479
5
28,802
29,490
29,756
32,152
32,913
34,680
35,441
36,202
36,963
37,998
6
29,130
29,818
30,084
32,670
33,431
35,199
35,960
36,720
37,481
38,516
7
29,458
30,147
30,412
33,189
33,950
35,717
36,478
37,239
38,000
39,035
8
29,786
30,475
30,741
33,707
34,468
36,236
36,997
37,757
38,518
39,553
9
30,114
30,803
31,069
34,226
34,987
36,754
37,515
38,276
39,037
40,072
10
30,443
31,131
31,397
34,746
35,506
37,274
38,035
38,796
39,556
40,591
11
30,771
31,459
31,725
35,264
36,025
37,793
38,553
39,314
40,075
41,110
12
31,099
31,787
32,053
35,783
36,543
38,311
39,072
39,833
40,593
41,628
13
31,427
32,115
32,381
36,301
37,062
38,830
39,590
40,351
41,112
42,147
14
31,755
32,443
32,709
36,820
37,580
39,348
40,109
40,870
41,630
42,665
15
32,083
32,771
33,037
37,338
38,099
39,867
40,627
41,388
42,149
43,184
16
32,411
33,099
33,365
37,857
38,617
40,385
41,146
41,907
42,667
43,702
17
32,739
33,428
33,693
38,375
39,136
40,904
41,665
42,425
43,186
44,221
18
33,067
33,756
34,022
38,894
39,655
41,422
42,183
42,944
43,705
44,740
19
33,395
34,084
34,350
39,412
40,173
41,941
42,702
43,462
44,223
45,258
20
33,723
34,412
34,678
39,931
40,692
42,459
43,220
43,981
44,742
45,777
21
34,052
34,740
35,006
40,449
41,210
42,978
43,739
44,499
45,260
46,295
22
34,380
35,068
35,334
40,968
41,729
43,496
44,257
45,018
45,779
46,814
23
34,708
35,396
35,662
41,487
42,247
44,015
44,776
45,536
46,297
47,332
24
35,036
35,724
35,990
42,005
42,766
44,534
45,294
46,055
46,816
47,851
25
35,364
36,052
36,318
42,524
43,284
45,052
45,813
46,574
47,334
48,369
26
35,692
36,380
36,646
43,042
43,803
45,571
46,331
47,092
47,853
48,888
27
36,020
36,708
36,974
43,561
44,321
46,089
46,850
47,611
48,371
49,406
28
36,348
37,037
37,302
44,079
44,840
46,608
47,368
48,129
48,890
49,925
29
36,676
37,365
37,631
44,598
45,358
47,126
47,887
48,648
49,408
50,443
30
37,004
37,693
37,959
45,116
45,877
47,645
48,405
49,166
49,927
50,962
31
37,333
38,021
38,287
45,635
46,396
48,163
48,924
49,685
50,445
51,480
32
37,661
38,349
38,615
46,153
46,914
48,682
49,443
50,203
50,964
51,999
33
37,989
38,677
38,943
46,672
47,433
49,200
49,961
50,722
51,483
52,518
34
38,317
39,005
39,271
47,190
47,951
49,719
50,480
51,240
52,001
53,036
35
38,645
39,333
39,599
47,709
48,470
50,237
50,998
51,759
52,520
53,555
(a) For the purposes of this section, salary equity among the
counties means that the salary potential of school employees
employed by the various districts throughout the state does not
differ by greater than ten percent between those offering the
highest salaries and those offering the lowest salaries. In the
case of professional educators, the difference shall be calculated
utilizing the average of the professional educator salary
schedules, degree classifications B.A. through doctorate and the
years of experience provided for in the most recent state minimum
salary schedule for teachers, in effect in the five counties
offering the highest salary schedules compared to the lowest salary
schedule in effect among the fifty-five counties. In the case of
school service personnel, the difference shall be calculated
utilizing the average of the school service personnel salary
schedules, pay grades "A" through "H" and the years of experience
provided for in the most recent state minimum pay scale pay grade
for service personnel, in effect in the five counties offering the
highest salary schedules compared to the lowest salary schedule in
effect among the fifty-five counties. Effective July 1, 2013, for
both professional educators and school service personnel, the
differences shall be calculated as otherwise required by this
subsection except that the ten counties offering the highest salary
schedules shall be compared to the lowest salary schedule in effect among the fifty-five counties.
Each county school district shall be under the supervision and
control of a county board of education, which shall be composed of
five members, nominated and elected by the voters of the respective
county without reference to political party affiliation. No more
than two members shall be elected from the same magisterial
district.
(a) A person who is a member of a county board:
(a) On the first Monday of July, following each biennial
primary election, each respective county board shall organize and
shall elect a president from its own membership for a two-year
term. The county board shall report promptly to the state
superintendent the name of the member elected as county board
president.
Every board member shall take the oath prescribed by section
5, article IV of the constitution, before performing any of the
duties of his office. The oath shall be filed with the secretary
of the board.
The county board of education shall be a corporation by the
name of "The board of education of the county of ..........," and
as such may sue and be sued, plead and be impleaded, contract and
be contracted with. It shall succeed and be subrogated to all
the rights of former magisterial and independent district boards
and may institute and maintain any and all actions, suits and
proceedings now pending or which might have been brought and
prosecuted in the name of any former board for the recovery of
any money or property, or damage to any property due to or vested
in the former board, and shall also be liable in its corporate
capacity for all claims legally existing against the board of
which it is a successor. The board shall, according to law, hold
and dispose of any real estate or personal property belonging to
the former corporation or its predecessors, or that may hereafter
come into its possession.
The county board shall have title to any land or school site
which for five years has been in the undisputed possession of the
county board or any board of education of a magisterial district,
or subdistrict, or independent district, and to which title
cannot be shown by any other claimant. Such land shall be held
and used for school purposes, as provided by section eight of
this article.
(a) Except as set forth in subsection (b) of this section, if
at any time a county board determines that any building or any land
is no longer needed for school purposes, the county board may sell,
dismantle, remove or relocate the building and sell the land on
which it is located at public auction, after proper notice and on
such terms as it orders, to the highest responsible bidder.
(a) If at any time the board ascertains that any land or part
thereof then being used for school purposes is to be included in
any federal flood control project the board may:
The board shall purchase by condemnation or otherwise, the
land necessary for school buildings, playgrounds, athletic
fields, experiments in agriculture, warehouses, bus garages, and
other educational purposes, and may make necessary expenditures
for the improvement of the land.
The board shall provide:
The state board may require all plans and specifications for
the erection of school buildings to comply with the requirements
of law. They may require all county boards to submit all plans
and specifications for their approval.
The boards of two or more adjoining counties may jointly
establish and maintain schools. The title to the school shall be
vested in the board of the county in which the school is located.
The agreement by which the school is established shall be reduced
to writing and entered of record in the minutes of each board.
Boards shall require all persons contracting for the
building or repairing of school property, where the contract
exceeds one hundred dollars, to execute a bond, with approved
security, in the amount of the contract price.
(a) In addition to the provisions of section thirteen of this
article, prior to any final decision of a county board on any
proposal to close or consolidate any school, except in cases in
which a construction bond issue was passed by the voters and which
bond issue included the schools to be closed or consolidated, the
county board shall:
(a) No later than the first day of August, two thousand three,
each county board shall adopt and file with the state board copies
of policies and summaries of policies that promote school board
effectiveness. These policies may be modified by the county board
as necessary, but shall be refiled with the state board following
each modification. The policies shall address the following
objectives:
(a) The public schools shall be open for the full
instructional term to all persons who have attained the entrance
age as stated in section five, article two and section eighteen,
article five, chapter eighteen of this code: Provided, That any
student suspended or expelled from public or private school shall
only be permitted to enroll in public school upon the approval of
the superintendent of the county where the student seeks
enrollment: Provided, however, That in making such decision, the
principal of the school in which the student may enroll shall be
consulted by the superintendent and the principal may make a
recommendation to the superintendent concerning the student's
enrollment in his or her new school: Provided further, That if
enrollment to public school is denied by the superintendent, the
student may petition the board of education where the student seeks
enrollment.
(a) In recognition of the findings of the Legislature as set
forth in section one, article six-c, chapter forty-nine of this
code, the Legislature further finds that public schools are able to
provide a special environment for the training of children, parents
and school personnel in the prevention of child abuse and neglect
and child assault and that child abuse and neglect prevention and
child assault prevention programs in the public schools are an
effective and cost-efficient method of reducing the incidents of
child abuse and neglect, promoting a healthy family environment and
reducing the general vulnerability of children.
(a) Prior to the admission of a pupil to any public school in
West Virginia, the county superintendent shall require the pupil's
parent(s), guardian(s) or custodian(s) to provide, upon
registration, a sworn statement or affirmation indicating whether
the student is, at the time, under suspension or expulsion from
attendance at a private or public school in West Virginia or
another state. Any person willfully making a materially false
statement or affirmation shall be guilty of a misdemeanor and, upon
conviction, the penalty shall be the same as provided for "false
swearing" pursuant to section three, article five, chapter
sixty-one of this code.
(a) County districts and school attendance. -- The county
board may divide the county into such districts as are necessary to
determine the schools the students of its county shall attend.
Upon the written request of any parent or guardian, or person
legally responsible for any student, or for reasons affecting the
best interests of the schools, the superintendent may transfer
students from one school to another within the county. Any
aggrieved person may appeal the decision of the county
superintendent to the county board, and the decision of the county
board shall be final.
Expired
(a) County boards shall provide kindergarten programs for all
children who have attained the age of five prior to the first day
of September of the school year in which the pupil enters the
kindergarten program and may, pursuant to the provisions of section
forty-four, article five, chapter eighteen of this code, establish
kindergarten programs designed for children below the age of five.
The programs for children who shall have attained the age of five
shall be full-day everyday programs.
(a) A school counselor means a professional educator who holds
a valid school counselor's certificate in accordance with article
three of this chapter.
Repealed.
(a) The legislative oversight commission on education
accountability shall conduct a study of the effect of limits on the
number of pupils per teacher in a classroom. The commission may
conduct the study as a whole or may appoint a subcommittee to
conduct the study under its direction. The study includes, but is
not limited to, an examination of the following issues:
(a) The State Superintendent of Schools has authority to
establish in the State Department of Education a Division of
Technical and Adult Education Services, and to provide for suitable
coordination and supervision of the educational programs
established in sections nineteen-a and nineteen-b of this article.
All programs established under those sections are under rules of
the State Board of Education.
(a)(1) If the requirements of this subsection are met, the
board of education is not liable under any theory of vicarious or
imputed liability for the acts or omissions of:
The board may provide libraries for its schools and may
purchase books, bookcases, and other things necessary therefor,
and shall pay the cost of such libraries out of school funds of
the county. In connection with any such school library, the
board may employ a full-time librarian or may require one of the
teachers at the school to serve as a part-time librarian. Any
such full-time librarian or any such teacher-librarian, who holds
a degree in library science based upon the successful completion
of a full year of graduate work at an institution qualified and
approved to offer such degree, and who holds a collegiate
elementary, first-class high school, or other certificate of
equal rank, shall be paid the same salary as is prescribed by law
for teachers holding a master's degree.
The board of education of every county may purchase the
necessary textbooks to be used in the free schools by the pupils
thereof. All textbooks so purchased shall be kept in charge by
the county superintendent and furnished to the pupils of the free
schools of the county as hereinafter provided. All such books
shall be furnished by the county board as prescribed by law, and
purchased at the net wholesale price.
(a) County boards shall provide proper medical and dental
inspections for all pupils attending the schools of their county
and have the authority to take any other action necessary to
protect the pupils from infectious diseases, including the
authority to require from all school personnel employed in their
county, certificates of good health and of physical fitness.
(a) For the purposes of this section, the following words have
the meanings specified unless the context clearly indicates a
different meaning:
The board of education in any school district or independent
school district may, in its discretion, establish and maintain
dental clinics or courses for teaching mouth hygiene; and may
provide for and furnish treatment, if requested by the parent or
guardian or deemed necessary by the board of education, of
children who have defective teeth or mouth conditions, and who
shall be found by such board of education, or persons deputized
for that purpose, to be unable otherwise to procure such
treatment. Any expense incurred in connection therewith shall be
paid out of the maintenance building fund of said district.
The county superintendent as secretary of the board shall:
(a) The county board, upon the recommendation of the county
superintendent, may employ an assistant whose term of employment
shall be not less than one nor more than four years: Provided,
That his or her term shall not extend beyond that of the incumbent
county superintendent.
The board may fix special salary schedules for the
superintendent, assistant superintendents, teachers and other
employees so long as the salary schedule does not conflict with
the general provisions of this chapter.
The district board of education shall exercise such other
authority and perform such other duties as may be prescribed by
law or by the regulations of the state board of education.
Whenever a majority of the full-time instructional and
administrative employees of a county board of education, or a
majority of the full-time nonteaching employees of said board
shall indicate in writing to the board of education that it has
subscribed to an automobile, a life, health and accident,
hospitalization or surgery insurance, or death benefit plan on a
group basis, and such majority has selected a licensed insurance
agent or a company duly licensed to do business in this state to
write or provide for any one or more of such group insurance, or
death benefit coverages, the board may make proper periodical
premium deductions from the regular salary of any such employee
as specified in a written assignment furnished it by each such
employee subscribing thereto, and pay the aggregate of such
salary deductions over to the insurance company or companies or
voluntary association so selected.
Where a fire company or fire department necessarily renders
service in preventing or extinguishing fires upon public school
property situated beyond their legal sphere of operation, the
county board of education may pay, as a consideration for said
services, a reasonable compensation to such fire company or fire
department and such expenditures therefor shall be made from the
general current expense fund as an incidental expense.
Beginning the school year one thousand nine hundred eighty-one -- eighty-two, and continuing thereafter, each county board
of education shall establish and operate a school breakfast
program under which a nutritious breakfast shall be made
available to all pupils enrolled in the schools of the county in
accord with standards of the state department of education. Such
standards shall include guide lines for determining the
eligibility of pupils for paid breakfasts, free breakfasts and
reduced price breakfasts: Provided, That nothing herein
contained shall prohibit any school from providing free
breakfasts to all its pupils if revenues received from such
programs exceed the costs of such programs: Provided, however,
That a particular school which because of compelling
circumstances is not able to provide a satisfactory school
breakfast program may apply to the state superintendent of
schools for a waiver. Upon application the state superintendent
of schools shall give notice and the opportunity to be heard to
the parents and school and shall review the specific reasons for
the waiver request and if the state superintendent determines
that a particular school is, because of compelling circumstances,
not able to provide a satisfactory school breakfast program, it
may be granted a waiver not to exceed two years except upon
reapplication: Provided further, That if at any time federal
financial appropriations to this state for school breakfast
programs are terminated, county boards of education are hereby
authorized but not required to continue such programs at their own expense.
Notwithstanding the provisions of section four of this
article, the provisions of this article as of January first, one
thousand nine hundred sixty-one, shall govern the meetings of the
boards of education for the calendar year one thousand nine
hundred sixty-one.
(a) Inasmuch as the present county school facilities for the
most part lie dormant and unused during the summer months, and
inasmuch as there are many students who are in need of remedial
instruction and others who desire accelerated instruction, it is
the purpose of this section to provide for the establishment of a
summer school program, which is to be separate and apart from the
full school term as established by each county.
(a) On or before the thirtieth day of April, one thousand nine
hundred ninety-five, each county shall develop a county-wide
council on productive and safe schools, which shall be comprised of
the following members:
On or before the first day of November, one thousand nine
hundred ninety-five, each county board of education shall deliver,
together with its assessment, the recommendations and guidelines
developed by the county-wide council on productive and safe schools
to the West Virginia board of education.
(a) For the purposes of this section, "early childhood
education" means programs for children who have attained the age of
four prior to September 1 of the school year in which the pupil
enters the program created in this section.
(a) As used in this section, the following terms have the
following meanings:
No teacher may be required by a principal or any other person
to change a student's grade on either an individual assignment or
a report card unless there is clear and convincing evidence that
there was a mathematical error in calculating the student's grade.
(a) Each county board shall maintain flood insurance on each
insurable building that it owns and that meets one or both of the
following requirements:
(a) For the purposes of this section:
(a) A local school improvement council shall be established at
every school consisting of the following:
The state board of education shall promulgate rules, in
accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, outlining criteria for the
identification of schools of excellence. Such criteria shall
include, but not be limited to, improvement in student achievement
in comparison to state and national norms, improvement in reducing
drop-out rates, improvement in standardized test scores,
implementation of advanced or innovative programs, implementation
of the goals and purposes of jobs through education as provided in
section eight, article two-e of this chapter, improvement in parent
and community involvement, improvement in parent, teacher and
student satisfaction, improvement in student attendance and other
factors which promote excellence in education. Such rules shall be
promulgated by the first day of January, one thousand nine hundred
ninety-one. Such rules may not prohibit any school from applying
for consideration as a school of excellence.
(a) There is established at every public school in this state
a faculty senate which is comprised of all permanent, full-time
professional educators employed at the school who shall all be
voting members. Professional educators, as used in this section,
means professional educators as defined in chapter eighteen-a of
this code. A quorum of more than one half of the voting members of
the faculty shall be present at any meeting of the faculty senate
at which official business is conducted. Prior to the beginning of
the instructional term each year, but within the employment term,
the principal shall convene a meeting of the faculty senate to
elect a chair, vice chair and secretary and discuss matters
relevant to the beginning of the school year. The vice chair shall
preside at meetings when the chair is absent. Meetings of the
faculty senate shall be held during the times provided in
accordance with subdivision (12), subsection (b) of this section as
determined by the faculty senate. Emergency meetings may be held
during noninstructional time at the call of the chair or a majority
of the voting members by petition submitted to the chair and vice
chair. An agenda of matters to be considered at a scheduled
meeting of the faculty senate shall be available to the members at
least two employment days prior to the meeting. For emergency
meetings the agenda shall be available as soon as possible prior to
the meeting. The chair of the faculty senate may appoint such committees as may be desirable to study and submit recommendations
to the full faculty senate, but the acts of the faculty senate
shall be voted upon by the full body.
(a) There shall be established at each school in the state a
school curriculum team composed of the school principal, the
counselor designated to serve that school and no fewer than three
teachers representative of the grades taught at the school and
chosen by the faculty senate: In instances where the counselor is
assigned to an elementary school or a combination elementary and
middle school on less than a one-half time basis, a school
curriculum team established at that school may meet on days when
the counselor is not at the school and the principal shall consult
with the counselor on the issues relevant to the meeting agenda.
(a) The Legislature hereby grants a waiver from the statute or
statutes indicated for the following school or schools pursuant to
and for the purposes enumerated in the written statement
recommending the waiver, with supporting reasons, approved by the
local school improvement council of the respective schools and
recommended by the Legislative Oversight Commission on Education
Accountability in accordance with the provisions of section three
of this article. The grant of a waiver to a statute means that the
school or schools granted the waiver may implement the actions as
specifically described in their written statement notwithstanding
the provisions of this code from which they are specifically
waived. These waivers are limited to the purposes as specifically
described in the statement upon which the Legislative Oversight
Commission on Education Accountability made its recommendation for
a waiver to the Legislature and are expressly repealed for any
modification or implementation of the described actions which
changes those purposes. However, nothing in this section prohibits
a local school improvement council school that has been granted a
waiver from submitting a request to the Legislative Oversight
Commission on Education Accountability for modifications, subject
to approval in accordance with section three of this article.
This article shall be known as the "School Innovation Zones
Act".
(a) Legislative findings. -- The Legislature finds that:
(a) A school, a group of schools, a subdivision or department
of a group of schools, or a subdivision or department of a school
may be designated as an innovation zone in accordance with this
article.
(a) The rule promulgated by the state board pursuant to
section three of this article also shall include at least the
following:
(a) Each school, group of schools, subdivision or department
of a group of schools or subdivision or department of a school
designated or seeking designation as an innovation zone shall:
(a) An employee shall be eligible to vote in accordance with
the provisions of this section if: (1) The employee is regularly
employed at the school; and (2) the employee's primary job duties
will be affected by the implementation of the innovation zone plan.
The panel created in subsection (c) of this section and the
principal shall determine which employees are eligible to vote in
accordance with this subsection. No employee may be eligible to
vote unless both the panel and the principal determine that the
employee is eligible to vote.
(a) At least annually, the state board or its designated
committee shall review the progress of the development or
implementation of an innovation zone plan. If, following such a
review, the state board determines that a designated school, group
of schools, subdivision or department of a group of schools,
subdivision or department of a school or a school created by a
state institution of higher education in accordance with section
nine of this article has not made adequate progress toward
developing or implementing its plan, the board shall submit a
report to the designated school, group of schools, subdivision or
department of a group of schools, subdivision or department of a
school or a school created by a state institution of higher
education in accordance with section nine of this article
identifying its areas of concern. The state board or its
designated committee may conduct an additional review within six
months of submitting a report in accordance with this section. If,
following such additional review, the state board or its designated
committee determines that the designated school, group of schools,
subdivision or department of a group of schools, subdivision or
department of a school or a school created by a state institution
of higher education in accordance with section nine of this article
has not made adequate progress toward developing or implementing
its innovation zone plan, the state board may revoke the
designation as an innovation zone or, if the innovation zone plan has been approved in accordance with section five of this article,
rescind its approval of the plan.
A school, group of schools, subdivision or department of a
group of schools, or a subdivision or department of a school whose
school innovation zone plan has been approved in accordance with
section five of this article may make a job posting for a teacher
vacancy at the school, the group of schools, the subdivision or
department of a group of schools, or the subdivision or department
of a school designated as an innovation zone that sets forth
standards or qualifications that exceed the standards and
qualifications provided in section seven-a, article four, chapter
eighteen-a of this code: Provided, That teachers in the county
approve the job posting by majority vote: Provided, however, That
the county superintendent administers the vote and the record of
the vote remains on file in the personnel office of the county
board until the school group of schools, subdivision or department
of a group of schools, or a subdivision or department of a school
is no longer designated as an innovation zone.
(a) A state institution of higher education may establish a
new innovation zone school subject to the following:
(a) The Legislature hereby grants an exception to the statute
or statutes indicated for the following schools pursuant to and for
the purposes enumerated in their innovation zone plans approved by
the state board at its meeting on the date specified. The grant of
an exception to a statute means that the school or schools granted
the exception may implement the actions as specifically described
in their approved innovation zone plan notwithstanding the
provisions of this code from which they are specifically excepted.
These exceptions are limited to the purposes as specifically
described in the plan approved on the date indicated and are
expressly repealed for any plan modification or plan implementation
which changes those purposes. However, nothing in this section
prohibits a school or schools with an approved innovation zone plan
from requesting plan modifications, subject to approval of the
state board, and if the modifications change the purposes for which
an exception to a statute was granted, the state board shall
request an exception to achieve the new purposes in the manner
provided in section five of this article for requesting exceptions
to a statute. If the approved innovation zone plan of a school or
schools is withdrawn by the state board, or the innovation zone
designation of a school or schools is revoked by the state board,
the exception granted to that school or those schools is expressly
repealed.
(a) Legislative findings, intent and purpose.
(a) Request for reorganization. -- A school may submit an
application to the state board to create collaborative teams that
replace, or to augment its existing collaborative teams by
replacing, any or all of the following school-level committees
required by state board rule: The Strategic Planning Committee,
the Technology Team and the School Support Team. Reorganization
under this article may not replace the Local School Improvement
Council, the School Curriculum Team, the Student Assistance Team or
the Faculty Senate. Reorganization under this article does not
supercede the authorization of the faculty senate with approval of
the principal to form a collaborative team as an alternative to the
school curriculum team pursuant to section six, article five-a of
this chapter.
By October 1, 2010, the state board shall promulgate a
legislative rule in accordance with article three-b, chapter
twenty-nine-a of this code to implement the provisions of this
article
.
The rule shall include a process for schools to appeal to
the state board for approval of an application under this article
for which approval has been denied by the county superintendent or
county board, or both
.
The purpose of this article is to ensure that every
secondary school pupil has the opportunity, at or about the time
he reaches licensing age, to enroll in a course of driver
education designed to train him to drive skillfully and safely
under all traffic and roadway conditions and circumstances; to
make the driver education course available to out-of-school
youths and to adults; and to ensure that commercial driver
education schools achieve and maintain a level of driver
education equal to the minimum standards that are prescribed for
secondary schools.
No later than the first day of the public school term
beginning in the year one thousand nine hundred seventy-three,
there shall be offered in all public secondary schools within the
state an approved, comprehensive course in driver education.
(a) The state board of education shall establish minimum
standards for all driver education courses offered and made
available to persons within the state, regardless of whether the
courses are offered by public, private, parochial, denominational
or commercial schools, but no person shall be permitted to enroll
in any driver education course who has a known mental or physical
defect that would prevent the person from qualifying for an
operator's license, unless the mental or physical defect is
controlled or corrected so the person could so qualify.
In accordance with chapter twenty-nine-a of this code, the
state board shall, with the advice of the state superintendent
and the superintendent of the department of public safety, adopt
rules and regulations governing the establishment, conduct and
scope of driver education for use in the public, private,
parochial and denominational secondary schools located within
this state, subject to the requirements and exceptions set forth
in this article.
The state superintendent shall promote and direct the
establishment and maintenance of courses of instruction in driver
education in secondary schools in accordance with the provisions of
this article and the rules that the state board adopts pursuant to
section four of this article. Directors, trustees or other persons
having control or authority over private, parochial or
denominational secondary schools, who establish and maintain the
courses in the schools under their control or supervision, shall
comply with the rules that the state board adopts pursuant to
section four of this article.
County boards of education, subject to the rules and
regulations of the state board, may expend school funds to
maintain and repair vehicles used for instructional purposes, to
purchase fuel, lubricants, parts and accessories therefor, to pay
the compensation of teachers or instructors and to procure
automobile insurance, where the expenditures are for the purpose
of establishing or maintaining driver education courses in public
secondary schools pursuant to this article. These expenditures,
including compensation of teachers or instructors, may be made
over a period of twelve months.
County boards of education shall procure or require
automobile liability insurance in the amount the state board
shall prescribe covering motor vehicles owned or operated for
driver education courses. The board having control of the
financial and business affairs of any other state educational
institution which offers driver education courses shall procure
or require automobile liability insurance in like amount covering
motor vehicles owned or operated for any driver education course.
The insurance shall be against any liability arising out of the
use of vehicles in connection with any driver education course.
The state board shall prescribe a course of instruction for
commercial driver education schools in West Virginia. The
requirements and quality of the course of instruction prescribed
for commercial driver education schools shall be at least equal
to the minimum standards that are prescribed for secondary
schools. The state superintendent shall issue licenses to
commercial driver education schools which offer courses of
instruction in driver education which comply with the course of
study approved by the state board.
No license for a commercial driver education school shall be
assigned, transferred or used at any location other than that
therein designated, and every license shall be posted in a
conspicuous place at the school location designated.
It is in the public interest that the adult citizens of this
state be literate so that the quality of their own lives may be
enhanced and they may contribute to the well- being and
advancement of the entire state through increased productivity.
The intent of this legislation is to provide additional funding
for the education of adults in the basic literacy skills of
reading, writing and computation.
The financing of the adult literacy education program will
be derived from a voluntary check-off and contribution
designation on state personal income tax return forms of a
portion or all of a taxpayer's refund. This financing shall be
supplemental to any existing revenues, legislative
appropriations, private or public grants, gifts or bequests made
available for this purpose.
(a) Contributions to the adult literacy education program
fund will be derived, in part, from voluntary contributions of a
portion or all of a state tax refund due, as designated by
taxpayers on state personal income tax return forms.
A retirement system to be known as the "state teachers
retirement system" is hereby established for the purpose of
providing retirement allowances for the teachers of West
Virginia.
Nothing in this article shall be construed to preclude any
employer from providing retirement benefits to retired teachers
not eligible to benefits under this article; nor shall it be
construed to preclude any employer from supplementing retirement
benefits to be received by any of its employees under this
article.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Accumulated contributions" means all deposits and all
deductions from the gross salary of a contributor plus regular
interest.
(2) "Accumulated net benefit" means the aggregate amount of
all benefits paid to or on behalf of a retired member.
(3) "Actuarially equivalent" or "of equal actuarial value"
means a benefit of equal value computed upon the basis of the
mortality table and interest rates as set and adopted by the
retirement board in accordance with the provisions of this article:
Provided, That when used in the context of compliance with the
federal maximum benefit requirements of Section 415 of the Internal
Revenue Code, "actuarially equivalent" shall be computed using the
mortality tables and interest rates required to comply with those
requirements.
(4) "Annuities" means the annual retirement payments for life
granted beneficiaries in accordance with this article.
(5) "Average final salary" means the average of the five
highest fiscal year salaries earned as a member within the last
fifteen fiscal years of total service credit, including military
service as provided in this article, or if total service is less
than fifteen years, the average annual salary for the period on
which contributions were made: Provided, That salaries for determining benefits during any determination period may not exceed
the maximum compensation allowed as adjusted for cost of living in
accordance with section seven, article ten-d, chapter five of this
code and Section 401(a)(17) of the Internal Revenue Code.
(6) "Beneficiary" means the recipient of annuity payments made
under the retirement system.
(7) "Contributor" means a member of the retirement system who
has an account in the teachers accumulation fund.
(8) "Deposit" means a voluntary payment to his or her account
by a member.
(9) "Employer" means the agency of and within the state which
has employed or employs a member.
(10) "Employer error" means an omission, misrepresentation or
violation of relevant provisions of the West Virginia Code or of
the West Virginia Code of State Regulations or the relevant
provisions of both the West Virginia Code and of the West Virginia
Code of State Regulations by the participating public employer that
has resulted in an underpayment or overpayment of contributions
required. A deliberate act contrary to the provisions of this
section by a participating public employer does not constitute
employer error.
(11) "Employment term" means employment for at least ten
months, a month being defined as twenty employment days.
(12) "Gross salary" means the fixed annual or periodic cash
wages paid by a participating public employer to a member for performing duties for the participating public employer for which
the member was hired. Gross salary also includes retroactive
payments made to a member to correct a clerical error, or made
pursuant to a court order or final order of an administrative
agency charged with enforcing federal or state law pertaining to
the member's rights to employment or wages, with all retroactive
salary payments to be allocated to and considered paid in the
periods in which the work was or would have been done. Gross
salary does not include lump sum payments for bonuses, early
retirement incentives, severance pay or any other fringe benefit of
any kind including, but not limited to, transportation allowances,
automobiles or automobile allowances, or lump sum payments for
unused, accrued leave of any type or character.
(13) "Internal Revenue Code" means the Internal Revenue Code
of 1986, as it has been amended.
(14) "Member" means any person who has accumulated
contributions standing to his or her credit in the State Teachers
Retirement System. A member shall remain a member until the
benefits to which he or she is entitled under this article are paid
or forfeited, or until cessation of membership pursuant to section
thirteen of this article.
(15) "Members of the administrative staff of the public
schools" means deans of instruction, deans of men, deans of women,
and financial and administrative secretaries.
(16) "Members of the extension staff of the public schools" means every agricultural agent, boys' and girls' club agent and
every member of the agricultural extension staff whose work is not
primarily stenographic, clerical or secretarial.
(17) "New entrant" means a teacher who is not a present
teacher.
(18) "Nonteaching member" means any person, except a teacher
member, who is regularly employed for full-time service by: (A)
Any county board of education; (B) the State Board of Education;
(C) the Higher Education Policy Commission; (D) the West Virginia
Council for Community and Technical College Education; or (E) a
governing board, as defined in section two, article one, chapter
eighteen-b of this code: Provided, That any person whose
employment with the Higher Education Policy Commission, the West
Virginia Council for Community and Technical College Education or
a governing board commences on or after July 1, 1991, is not
considered a nonteaching member.
(19) "Plan year" means the twelve-month period commencing on
July 1 and ending the following June 30 of any designated year.
(20) "Present member" means a present teacher who is a member
of the retirement system.
(21) "Present teacher" means any person who was a teacher
within the thirty-five years beginning July 1, 1934, and whose
membership in the retirement system is currently active.
(22) "Prior service" means all service as a teacher completed
prior to July 1, 1941, and all service of a present member who was employed as a teacher, and did not contribute to a retirement
account because he or she was legally ineligible for membership
during the service.
(23) "Public schools" means all publicly supported schools,
including colleges and universities in this state.
(24) "Refund beneficiary" means the estate of a deceased
contributor or a person he or she has nominated as beneficiary of
his or her contributions by written designation duly executed and
filed with the retirement board.
(25) "Refund interest" means interest compounded, according to
the formula established in legislative rules, series seven of the
Consolidated Public Retirement Board, 162 CSR 7.
(26) "Regular interest" means interest at four percent
compounded annually, or a higher earnable rate if set forth in the
formula established in legislative rules, series seven of the
Consolidated Public Retirement Board, 162 CSR 7.
(27) "Regularly employed for full-time service" means
employment in a regular position or job throughout the employment
term regardless of the number of hours worked or the method of pay.
(28) "Required beginning date" means April 1 of the calendar
year following the later of: (A) The calendar year in which the
member attains age seventy and one-half years; or (B) the calendar
year in which the member retires or ceases covered employment under
the system after having attained the age of seventy and one-half
years.
(29) "Retirement system" means the State Teachers Retirement
System established by this article.
(30) "Teacher member" means the following persons, if
regularly employed for full-time service: (A) Any person employed
for instructional service in the public schools of West Virginia;
(B) principals; (C) public school librarians; (D) superintendents
of schools and assistant county superintendents of schools; (E) any
county school attendance director holding a West Virginia teacher's
certificate; (F) the executive director of the retirement board;
(G) members of the research, extension, administrative or library
staffs of the public schools; (H) the State Superintendent of
Schools, heads and assistant heads of the divisions under his or
her supervision, or any other employee under the state
superintendent performing services of an educational nature; (I)
employees of the State Board of Education who are performing
services of an educational nature; (J) any person employed in a
nonteaching capacity by the State Board of Education, any county
board of education, the State Department of Education or the State
Teachers Retirement Board, if that person was formerly employed as
a teacher in the public schools; (K) all classroom teachers,
principals and educational administrators in schools under the
supervision of the Division of Corrections, the Division of Health
or the Division of Human Services; (L) an employee of the State
Board of School Finance, if that person was formerly employed as a
teacher in the public schools; and (M) any person designated as a 21st Century Learner Fellow pursuant to section eleven, article
three, chapter eighteen-a of this code who elects to remain a
member of the State Teachers Retirement System provided in this
article.
(31) "Total service" means all service as a teacher while a
member of the retirement system since last becoming a member and,
in addition thereto, credit for prior service, if any.
Age in excess of seventy years shall be considered to be
seventy years.
The retirement system is intended to meet the federal
qualification requirements of Section 401(a) and related sections
of the Internal Revenue Code as applicable to governmental plans.
Notwithstanding any other provision of state law, the board shall
administer the retirement system to fulfill this intent for the
exclusive benefit of the members and their beneficiaries. Any
provision of this article referencing or relating to these federal
qualification requirements shall be effective as of the date
required by federal law. The board may promulgate rules and amend
or repeal conflicting rules in accordance with the authority
granted to the board pursuant to section one, article ten-d of
chapter five to assure compliance with this section.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
The retirement board shall maintain an individual account with
each member, showing the amount of the member's contributions and
the interest accumulations thereon. It shall collect and keep in
convenient form data as may be necessary for the preparation of the
required mortality and service tables, and for the compilation of
such other information as may be needed for the actuarial valuation
of the funds created by this article. The retirement board shall
specify and adopt all actuarial assumptions for the system at its
first meeting of every calendar year or as soon thereafter as may
be practicable, which assumptions shall become part of the terms of
the system.
At such times as the retirement board may deem it necessary,
but at least once within the first three years of the operation
of this article and each quinquennial period thereafter, the
retirement board shall employ a competent actuary to prepare a
report containing an evaluation of the present and prospective
assets and liabilities of the funds created by this article.
The membership of the retirement system shall consist of the
following:
(a) For the purpose of this section, reemployment of a former
or retired teacher as a teacher shall in no way impair the
teacher's eligibility for a prior service pension or any other
benefit provided by this article.
correction of errors; forfeitures.
(a) At the end of each month every member of the retirement
system shall contribute six percent of that member's monthly gross
salary to the retirement board: Provided, That any member employed
by a state institution of higher education shall contribute on the
member's full earnable compensation, unless otherwise provided in
section fourteen-a of this article. The sums are due the State
Teachers Retirement System at the end of each calendar month in
arrears and shall be paid not later than fifteen days following the
end of the calendar month. Each remittance shall be accompanied by
a detailed summary of the sums withheld from the compensation of
each member for that month on forms, either paper or electronic,
provided by the State Teachers Retirement System for that purpose.
(b) Annually, the contributions of each member shall be
credited to the member's account in the State Teachers Retirement
System Fund. The contributions shall be deducted from the salaries
of the members as prescribed in this section and every member shall
be considered to have given consent to the deductions. No
deductions, however, shall be made from the earnable compensation
of any member who retired because of age or service and then
resumed service unless as provided in section thirteen-a of this
article.
(c) The aggregate of employer contributions, due and payable
under this article, shall equal annually the total deductions from the gross salary of members required by this section. Beginning
July 1, 1994, the rate shall be seven and one-half percent;
beginning on July 1, 1995, the rate shall be nine percent;
beginning on July 1, 1996, the rate shall be ten and one-half
percent; beginning on July 1, 1997, the rate shall be twelve
percent; beginning on July 1, 1998, the rate shall be thirteen and
one-half percent; and beginning on July 1, 1999, and thereafter,
the rate shall be fifteen percent: Provided, That the rate shall
be seven and one-half percent for any individual who becomes a
member of the State Teachers Retirement System for the first time
on or after July 1, 2005, or any individual who becomes a member of
the State Teachers Retirement System as a result of the voluntary
transfer contemplated in article seven-d of this chapter.
(d) Payment by an employer to a member of the sum specified in
the employment contract minus the amount of the employee's
deductions shall be considered to be a full discharge of the
employer's contractual obligation as to earnable compensation.
(e) Each contributor shall file with the retirement board or
with the employer to be forwarded to the retirement board an
enrollment form showing the contributor's date of birth and other
data needed by the retirement board.
(f) If any change or employer error in the records of any
participating public employer or the retirement system results in
any member receiving from the system more or less than he or she
would have been entitled to receive had the records been correct, the board shall correct the error, and as far as is practicable
shall adjust the payment of the benefit in a manner that the
actuarial equivalent of the benefit to which the member was
correctly entitled shall be paid. Any employer error resulting in
an underpayment to the retirement system may be corrected by the
member remitting the required employee contribution and the
participating public employer remitting the required employer
contribution. Interest shall accumulate in accordance with the
legislative rule, Retirement Board Reinstatement Interest, 162 CSR
7, and any accumulating interest owed on the employee and employer
contributions resulting from the employer error shall be the
responsibility of the participating public employer. The
participating public employer may remit total payment and the
employee reimburse the participating public employer through
payroll deduction over a period equivalent to the time period
during which the employer error occurred.
(g) Notwithstanding any other provisions of this article,
forfeitures under the retirement system shall not be applied to
increase the benefits any member would otherwise receive under the
retirement system.
Any member who was absent from work while receiving temporary
total disability benefits pursuant to the provisions of chapter
twenty-three of this code as a result of a compensable injury
received in the course of and as a result of his or her employment
with the covered employer, may purchase credited service for that
time period or those time periods the member was absent from work
as a result of a compensable injury and receiving temporary total
disability benefits: Provided, That the member returned to work
with his or her covered employer within one year following the
cessation of temporary total disability benefits. The member
desiring to purchase such credited service may do so only by lump
sum payment from personal funds within two years of the end of the
disability period for which credit is sought to be purchased:
Provided, however, That in order to purchase such service credit,
the member shall pay to the board his or her regular contribution
and an equal amount that represents the employer's contribution,
based on the salary the member was receiving immediately prior to
having sustained such compensable injury: Provided further, That
the member purchasing service credit under the provisions of this
section may not be charged interest. The maximum number of years
of service credit that may be purchased under this section shall
not exceed two: And provided further, That each year purchased
under this section shall count as a year of experience for purposes of the increment set forth in section two or section eight-a,
article four, chapter eighteen-a of this code, as applicable.
Each employer shall each month deduct six percent from the
salary of each employee who is a member of the retirement system,
in an amount not to exceed the amount named in section fourteen
of this article, and shall at the end of each month remit to the
retirement board the amounts so deducted, and shall transmit
therewith a list of all new members employed and the name and
number of members transferring from another county. At such
times as the retirement board may deem advisable each employer
shall report to the retirement board the total amount so deducted
from the salary of each employee. The monthly payments which
members would receive from employers as compensation for service
in the absence of this article shall be decreased by the amount
of the contribution due hereunder.
The retirement board, on receipt of contributions from
teachers deducted and remitted by employers as provided in
section fifteen of this article, shall make requisition on the
state auditor for an amount equaling such contributions. On
receipt of the requisitions duly certified, the state auditor
shall transfer the amount so requisitioned from the general state
revenue fund to the employers accumulation fund.
(a) Under rules adopted by the Retirement Board, each teacher
shall file a detailed statement of his or her length of service as
a teacher for which he or she claims credit. The Retirement Board
shall determine what part of a year is the equivalent of a year of
service. In computing the service, however, it shall credit no
period of more than a month's duration during which a member was
absent without pay, nor shall it credit for more than one year of
service performed in any calendar year.
(a) There is hereby created in the State Treasury a special
revenue account designated the "Teachers Employers Contribution
Collection Account" to be administered by the Consolidated Public
Retirement Board. The Teachers Employers Contribution Collection
Account shall be an interest-bearing account with interest credited
to and deposited in the account and transferred in accordance with
the provisions of this section.
(a) There shall be an annual allocation from the State General
Revenue Fund to the Teachers Employers Contribution Collection
Account, created by section eighteen of this article, equal to the
actuarially required contribution, reduced by any employer
contributions and other allocated amounts.
The state treasurer shall be the custodian of the funds and
securities of the retirement system. Disbursements from the
funds of the retirement system shall be made by the custodian
only upon warrants signed by a member or members of the
retirement board, or an official thereof, authorized to do so by
resolution of the retirement board. The state treasurer shall
give a separate and additional bond in such amount as may be
fixed by the governor for the faithful performance of the duties
as custodian of the retirement system. Such bond shall be
approved by the governor and filed in the same office as are the
bonds of other state officers. The cost of such bond shall be
paid from the expense fund.
No member nor employee of the retirement board, for himself
or as an agent or partner of others, or for a corporation of
which he is an officer, stockholder or member, shall directly or
indirectly borrow any of the funds or deposits of the retirement
board or in any manner use such funds except to make such
payments as are authorized by the board under this article. Any
member or employee violating the provisions of this section shall
be guilty of a misdemeanor, and, upon conviction, be fined not
more than one thousand dollars or be imprisoned for one year, or
both.
The following shall be eligible for prior service pensions:
(a) Benefits upon withdrawal from service prior to retirement
under the provisions of this article shall be as follows:
(a) This section provides for the payment of the balance in a
retired member's account to paid in the manner described in this
section in the event that all claims to benefits payable to, or on
behalf of, a member expire before his or her member account has
been fully exhausted. The expiration of the rights to benefits
would be on the later of either the death of the retired member
drawing benefits under a straight life annuity, or the death of a
survivor annuitant drawing benefits under any optional form of
benefit selected by the retired member.
Repealed.
(a) Any member who has attained the age of sixty years or who
has had thirty-five years of total service as a teacher in West
Virginia, regardless of age, is eligible for an annuity. No new
entrant nor present member is eligible for an annuity, however, if
either has less than five years of service to his or her credit.
(a) Annuitants whose annuities were approved by the retirement
board effective before July 1, 1980, shall be paid the annuities
which were approved by the retirement board.
(b) Annuities approved by the board effective after June 30,
1980, shall be computed as provided in this section.
(c) Upon establishment of eligibility for a retirement
allowance, a member shall be granted an annuity which shall be the
sum of the following, subject to reduction if necessary to comply
with the maximum benefit provisions of Section 415 of the Internal
Revenue Code and section twenty-eight-a of this article:
(1) Two percent of the member's average salary multiplied by
his or her total service credit as a teacher. In this subdivision
"average salary" means the average of the highest annual salaries
received by the member during any five years contained within his
or her last fifteen years of total service credit: Provided, That
the highest annual salary used in this calculation for certain
members employed by the West Virginia Higher Education Policy
Commission under its control shall be $4,800, as provided by
section fourteen-a of this article;
(2) The actuarial equivalent of the voluntary deposits of the
member in his or her individual account up to the time of his or
her retirement, with regular interest.
(d) The disability annuities of all teachers retired for
disability shall be based upon a disability table prepared by a competent actuary approved by the board.
(e) Upon the death of an annuitant who qualified for an
annuity as the surviving spouse of an active member or because of
permanent disability, the estate of the deceased or beneficiary
designated for such purpose shall be paid the difference, if any,
between the member's contributions with regular interest thereon,
and the sum of the annuity payments. Upon the death of a spouse
who was named as the member's survivor, a retirant may elect an
annuity option approved by the board in an amount adjusted on a
fair basis to be of equal actuarial value as the annuity
prospectively in effect relative to the surviving member at the
time the new option is elected.
(f) All annuities shall be paid in twelve monthly payments.
In computing the monthly payments, fractions of a cent shall be
considered a cent. The monthly payments shall cease with the
payment for the month within which the beneficiary dies, and shall
begin with the payment for the month succeeding the month within
which the annuitant became eligible under this article for the
annuity granted; in no case, however, shall an annuitant receive
more than four monthly payments which are retroactive after the
board receives his or her application for annuity. The monthly
payments shall be made on the twenty-fifth day of each month,
except the month of December, when the payment shall be made on
December 18. If the date of payment falls on a holiday, Saturday
or Sunday, then the payment shall be made on the preceding workday.
(g) In case the retirement board receives data affecting the
approved annuity of a retired teacher, the annuity shall be changed
in accordance with the data, the change being effective with the
payment for the month within which the board received the new data.
(h) Any person who has attained the age of sixty-five and who
has served at least twenty-five years as a teacher prior to July 1,
1941, is eligible for prior service credit and for prior service
pensions as prescribed in this section.
As an additional supplement to other retirement allowances
provided, each annuitant who retired on or after the first day of
July, one thousand nine hundred eighty-four, and before the first
day of July, one thousand nine hundred eighty-six, shall receive a
monthly amount equal to two dollars multiplied by his or her total
service credit.
As an additional supplement to other retirement allowances
provided, each annuitant who retired before the first day of July,
one thousand nine hundred eighty-six, and who is receiving a
monthly pension of three hundred dollars or less, shall receive a
monthly total amount equal to one dollar multiplied by his or her
total service credit.
As an additional supplement to other retirement allowances
provided, each annuitant who retired on or after the first day of
July, one thousand nine hundred eighty-six, and before the first
day of April, one thousand nine hundred eighty-eight, shall receive
a monthly amount equal to two dollars multiplied by his or her
total service credit.
As an additional supplement to other retirement allowances
provided, each annuitant who retired before the first day of April,
one thousand nine hundred eighty-eight, and who is receiving a
monthly pension of three hundred dollars or less, shall receive a
monthly total amount equal to one dollar multiplied by his or her
total service credit.
The Legislature hereby finds and declares that an important
state interest exists in providing a minimum retirement annuity for
certain retired members who are credited with twenty or more years
of total service; that such program constitutes a public purpose;
and that the exclusion of total service for certain employees of
institutions of higher education is a reasonable and equitable
exclusion for purposes of determining eligibility for such minimum
benefits.
If the retirement annuity of a retired member (or if
applicable, a spouse thereof) with at least twenty years of total
service is less than $500 per month (including any supplemental or
additional benefits provided by this article), then the monthly
retirement annuity for any such retired member shall be increased
to $500 per month: Provided, That any year of service while an
employee of an institution of higher education shall not be taken
into account for purposes of this section if his or her salary is
capped under the retirement system at $4,800 per year pursuant to
section fourteen-a of this article.
The payment of any minimum benefit under this section shall be
in lieu of, and not in addition to, the payments of any retirement
annuity or supplemental or additional benefits otherwise provided
by this article: Provided, That the minimum benefit provided herein shall be subject to any limitations thereon under §415 of
the Internal Revenue Code of 1986, as the same may be amended, and
section twenty-eight-a of this article.
Any minimum benefit conferred herein shall not be retroactive
to the time of retirement and shall apply only to members who have
retired prior to the effective date of this section, or, if
applicable, to beneficiaries receiving benefits under the
retirement system prior to the effective date.
The minimum benefit provided herein shall be subject to a
recommendation by the Governor for such minimum benefit through the
delivery of an executive message to the Legislature and an
appropriation by the Legislature for such minimum benefit, such
appropriation to be made over a continuous six-year period
following the effective date of this section.
(a) A one-time supplement to retirement benefits shall be
provided to retirees of this system who have: (i) Reached the
specified age threshold; and (ii) have been in retirement status
for the specified number of years, as follows:
(a) A one-time supplement to retirement benefits of three
percent shall be provided to all retirees that are age seventy or
older and have been annuitants for at least five consecutive years
as of the first day of July, two thousand six, and beneficiaries of
deceased members who would have been at least seventy years of age
or older and have been annuitants for at least five consecutive
years as of the first day of July, two thousand six.
(a) As an additional bonus payment to other retirement
allowances provided, a one-time bonus payment to retirement
benefits shall be paid to retirants of the retirement system as
provided in subsection (b) of this section. The one-time bonus
payment shall equal $1,200 and shall be paid on July 27, 2011.
Regular interest shall be added to all sums, except for
prior service, due and payable to beneficiaries under this
article.
The retirement board is hereby authorized to offer plans,
optional with the beneficiary, for the payment of allowances due
such beneficiary for retirement, withdrawal or prior service
pensions under the retirement system. No plans shall be offered,
however, which are not approved by competent actuaries.
Notwithstanding any other provision of this article or state
law, the board shall administer the retirement system in compliance
with the limitations of Section 415 of the Internal Revenue Code
and regulations under that section to the extent applicable to
governmental plans (hereafter sometimes referred to as the "415
limitation(s)" or "415 dollar limitation(s)"), so that the annual
benefit payable under this system to a member shall not exceed
those limitations. Any annual benefit payable under this system
shall be reduced or limited if necessary to an amount which does
not exceed those limitations. The extent to which any annuity or
other annual benefit payable under this retirement system shall be
reduced, as compared with the extent to which an annuity,
contributions or other benefits under any other defined benefit
plans or defined contribution plans required to be taken into
consideration under Section 415 of the Internal Revenue Code shall
be reduced, shall be proportional on a percentage basis to the
reductions made in such other plans administered by the board and
required to be so taken into consideration under Section 415,
unless a disproportionate reduction is determined by the board to
maximize the aggregate benefits payable to the member. If the
reduction is under this retirement system, the board shall advise
affected members of any additional limitation on the annuities or
other annual benefit required by this section. For purposes of the
415 limitations, the "limitation year" shall be the calendar year. The 415 limitations are incorporated herein by reference, except to
the extent the following provisions may modify the default
provisions thereunder:
(a) The annual adjustment to the 415 dollar limitations made
by Section 415(d) of the Internal Revenue Code and the regulations
thereunder shall apply for each limitation year. The annual
adjustments to the dollar limitations under Section 415(d) of the
Internal Revenue Code which become effective: (i) After a
retirant's severance from employment with the employer; or (ii)
after the annuity starting date in the case of a retirant who has
already commenced receiving benefits, will apply with respect to a
retirant's annual benefit in any limitation year. A retirant's
annual benefit payable in any limitation year from this retirement
system shall in no event be greater than the limit applicable at
the annuity starting date, as increased in subsequent years
pursuant to Section 415(d) of the Internal Revenue Code and the
regulations thereunder.
(b) For purposes of this section, the "annual benefit" means
a benefit that is payable annually in the form of a straight life
annuity. Except as provided below, where a benefit is payable in
a form other than a straight life annuity, the benefit shall be
adjusted to an actuarially equivalent straight life annuity that
begins at the same time as such other form of benefit, using
factors prescribed in the 415 limitation regulations, before
applying the 415 limitations. No actuarial adjustment to the benefit shall be made for: (1) Survivor benefits payable to a
surviving spouse under a qualified joint and survivor annuity to
the extent such benefits would not be payable if the member's
benefit were paid in another form; (2) benefits that are not
directly related to retirement benefits (such as a qualified
disability benefit, preretirement incidental death benefits and
post-retirement medical benefits); or (3) the inclusion in the form
of benefit of an automatic benefit increase feature, provided the
form of benefit is not subject to Section 417(e)(3) of the Internal
Revenue Code and would otherwise satisfy the limitations of this
article, and the plan provides that the amount payable under the
form of benefit in any limitation year shall not exceed the limits
of this article applicable at the annuity starting date, as
increased in subsequent years pursuant to Section 415(d) of the
Internal Revenue Code. For this purpose an automatic benefit
increase feature is included in a form of benefit if the form of
benefit provides for automatic, periodic increases to the benefits
paid in that form.
(c) Adjustment for benefit forms not subject to Section
417(e)(3). -- The straight life annuity that is actuarially
equivalent to the member's form of benefit shall be determined
under this subsection if the form of the member's benefit is
either: (1) A nondecreasing annuity (other than a straight life
annuity) payable for a period of not less than the life of the
member (or, in the case of a qualified preretirement survivor annuity, the life of the surviving spouse); or (2) an annuity that
decreases during the life of the member merely because of: (i) The
death of the survivor annuitant (but only if the reduction is not
below fifty percent of the benefit payable before the death of the
survivor annuitant); or (ii) the cessation or reduction of Social
Security supplements or qualified disability payments (as defined
in Section 411(a)(9) of the Internal Revenue Code). The
actuarially equivalent straight life annuity is equal to the
greater of: (I) The annual amount of the straight life annuity (if
any) payable to the member under the plan commencing at the same
annuity starting date as the member's form of benefit; and (II) the
annual amount of the straight life annuity commencing at the same
annuity starting date that has the same actuarial present value as
the member's form of benefit, computed using a five percent
interest rate assumption and the applicable mortality table defined
in Treasury Regulation §1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or
any subsequent Revenue Ruling modifying the applicable provisions
of Revenue Ruling 2001-62) for that annuity starting date.
(d) Adjustment for benefit forms subject to Section 417(e)(3).
-- The straight life annuity that is actuarially equivalent to the
member's form of benefit shall be determined under this subsection
if the form of the member's benefit is other than a benefit form
described in subdivision (c) of this section. In this case, the
actuarially equivalent straight life annuity shall be determined as
follows: The actuarially equivalent straight life annuity is equal to the greatest of: (1) The annual amount of the straight life
annuity commencing at the same annuity starting date that has the
same actuarial present value as the member's form of benefit,
computed using the interest rate specified in this retirement
system and the mortality table (or other tabular factor) specified
in this retirement system for adjusting benefits in the same form;
(2) the annual amount of the straight life annuity commencing at
the same annuity starting date that has the same actuarial present
value as the member's form of benefit, computed using a five and a
half percent interest rate assumption and the applicable mortality
table defined in Treasury Regulation §1.417(e)-1(d)(2) (Revenue
Ruling 2001-62 or any subsequent Revenue Ruling modifying the
applicable provisions of Revenue Ruling 2001-62) for that annuity
starting date; and (3) the annual amount of the straight life
annuity commencing at the same annuity starting date that has the
same actuarial present value as the member's form of benefit,
computed using the applicable interest rate defined in Treasury
Regulation §1.417(e)-1(d)(3) and the applicable mortality table
defined in Treasury Regulation §1.417(e)-1(d)(2) (the mortality
table specified in Revenue Ruling 2001-62 or any subsequent Revenue
Ruling modifying the applicable provisions of Revenue Ruling
2001-62), divided by 1.05.
(e) Benefits payable prior to age sixty-two. --
(1) Except as provided in paragraphs (2) and (3) of this
subdivision, if the member's retirement benefits become payable before age sixty-two, the 415 dollar limitation prescribed by this
section shall be reduced in accordance with regulations issued by
the Secretary of the Treasury pursuant to the provisions of Section
415(b) of the Internal Revenue Code, so that the limitation (as so
reduced) equals an annual straight life benefit (when the
retirement income benefit begins) which is equivalent to an annual
benefit in the amount of the applicable dollar limitation of
Section 415(b)(1)(A) of the Internal Revenue Code (as adjusted
pursuant to Section 415(d) of the Internal Revenue Code) beginning
at age sixty-two.
(2) The limitation reduction provided in paragraph (1) of this
subdivision shall not apply if the member commencing retirement
benefits before age sixty-two is a qualified participant. A
qualified participant for this purpose is a participant in a
defined benefit plan maintained by a state, or any political
subdivision of a state, with respect to whom the service taken into
account in determining the amount of the benefit under the defined
benefit plan includes at least fifteen years of service: (i) As a
full-time employee of any police or fire department organized and
operated by the state or political subdivision maintaining the
defined benefit plan to provide police protection, fire-fighting
services or emergency medical services for any area within the
jurisdiction of such state or political subdivision; or (ii) as a
member of the armed forces of the United States.
(3) The limitation reduction provided in paragraph (1) of this subdivision shall not be applicable to preretirement disability
benefits or preretirement death benefits.
(4) For purposes of adjusting the 415 dollar limitation for benefit
commencement before age sixty-two or after age sixty-five (if the
plan provides for such adjustment), no adjustment is made to
reflect the probability of a member's death: (i) After the annuity
starting date and before age sixty-two; or (ii) after age
sixty-five and before the annuity starting date.
(f) Adjustment when member has less than ten years of
participation. -- In the case of a member who has less than ten
years of participation in the retirement system (within the meaning
of Treasury Regulation §1.415(b)-1(g)(1)(ii)), the 415 dollar
limitation (as adjusted pursuant to Section 415(d) of the Internal
Revenue Code and subdivision (e) of this section) shall be reduced
by multiplying the otherwise applicable limitation by a fraction,
the numerator of which is the number of years of participation in
the plan (or one, if greater), and the denominator of which is ten.
This adjustment shall not be applicable to preretirement disability
benefits or preretirement death benefits.
(g) The application of the provisions of this section shall
not cause the maximum annual benefit provided to a member to be
less than the member's accrued benefit as of December 31, 2008 (the
end of the limitation year that is immediately prior to the
effective date of the final regulations for this retirement system
as defined in Treasury Regulation §1.415(a)-1(g)(2)), under provisions of the retirement system that were both adopted and in
effect before April 5, 2007, provided that such provisions
satisfied the applicable requirements of statutory provisions,
regulations and other published guidance relating to Section 415 of
the Internal Revenue Code in effect as of December 31, 2008, as
described in Treasury Regulation §1.415(a)-1(g)(4). If additional
benefits are accrued for a member under this retirement system
after January 1, 2009, then the sum of the benefits described under
the first sentence of this subdivision and benefits accrued for a
member after January 1, 2009, must satisfy the requirements of
Section 415, taking into account all applicable requirements of the
final 415 Treasury Regulations.
The requirements of this section apply to any distribution of
a member's or beneficiary's interest and take precedence over any
inconsistent provisions of this retirement system. This section
applies to plan years beginning after December 31, 1986.
Notwithstanding anything in the retirement system to the contrary,
the payment of benefits under this article shall be determined and
made in accordance with Section 401(a)(9) of the Internal Revenue
Code and the regulations thereunder. For this purpose, the
following provisions apply:
(a) The payment of benefits under the retirement system to any
member shall be distributed to him or her not later than the
required beginning date, or be distributed to him or her commencing
not later than the required beginning date, in accordance with
regulations prescribed under Section 401(a)(9) of the Internal
Revenue Code, over the life of the member or over the lives of the
member and his or her beneficiary or over a period not extending
beyond the life expectancy of the member and his or her
beneficiary. Benefit payments under this section shall not be
delayed pending, or contingent upon, receipt of an application for
retirement from the member.
(b) If a member dies after distribution to him or her has
commenced pursuant to this section but before his or her entire
interest in the retirement system has been distributed, then the
remaining portion of that interest shall be distributed at least as rapidly as under the method of distribution being used at the date
of his or her death.
(c) If a member dies before distribution to him or her has
commenced, then his or her entire interest in the retirement system
shall be distributed by December 31 of the calendar year containing
the fifth anniversary of the member's death, except as follows:
(1) If a member's interest is payable to a beneficiary,
distributions may be made over the life or over a period certain
not greater than the life expectancy of the beneficiary commencing
on or before December 31 of the calendar year immediately following
the calendar year in which the member died; or
(2) If the member's beneficiary is the surviving spouse, the
date distributions are required to begin shall not be earlier than
the later of:
(A) December 31 of the calendar year in which the member would
have attained age seventy and one-half; or
(B) The earlier of: (i) December 31 of the calendar year
following the calendar year in which the member died; or (ii)
December 31 of the calendar year following the calendar year in
which the spouse died.
(a) Except where otherwise stated, this section applies to
distributions made on or after January 1, 1993. Notwithstanding
any provision of this article to the contrary that would otherwise
limit a distributee's election under this system, a distributee may
elect, at the time and in the manner prescribed by the board, to
have any portion of an eligible rollover distribution paid directly
to an eligible retirement plan specified by the distributee in a
direct rollover. For purposes of this section, the following
definitions apply:
(1) "Eligible rollover distribution" means any distribution of
all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include any
of the following: (A) Any distribution that is one of a series of
substantially equal periodic payments not less frequently than
annually made for the life or life expectancy of the distributee or
the joint lives or the joint life expectancies of the distributee
and the distributee's designated beneficiary, or for a specified
period of ten years or more; (B) any distribution to the extent the
distribution is required under Section 401(a)(9) of the Internal
Revenue Code; (C) the portion of any distribution that is not
includable in gross income determined without regard to the
exclusion for net unrealized appreciation with respect to employer
securities; and (D) any hardship distribution described in Section
401(k)(2)(B)(i)(iv) of the Internal Revenue Code. For distributions after December 31, 2001, a portion of a distribution
shall not fail to be an eligible rollover distribution merely
because the portion consists of after-tax employee contributions
which are not includable in gross income. However, this portion
may be paid only to an individual retirement account or annuity
described in Section 408(a) or (b) of the Internal Revenue Code, or
(for taxable years beginning before January 1, 2007) to a qualified
trust which is part of a defined contribution plan described in
Section 401(a) or (for taxable years beginning after December 31,
2006) to a qualified trust or to an annuity contract described in
Section 403(a) or (b) of the Internal Revenue Code that agrees to
separately account for amounts transferred (including interest or
earnings thereon), including separately accounting for the portion
of the distribution which is includable in gross income and the
portion of the distribution which is not so includable, or (for
taxable years beginning after December 31, 2007) to a Roth IRA
described in Section 408A the Internal Revenue Code.
(2) "Eligible retirement plan" means an individual retirement
account described in Section 408(a) of the Internal Revenue Code,
an individual retirement annuity described in Section 408(b) of the
Internal Revenue Code, an annuity plan described in Section 403(a)
of the Internal Revenue Code, or a qualified plan described in
Section 401(a) of the Internal Revenue Code, that accepts the
distributee's eligible rollover distribution: Provided, That in
the case of an eligible rollover distribution prior to January 1, 2002, to the surviving spouse, an eligible retirement plan is
limited to an individual retirement account or individual
retirement annuity. For distributions after December 31, 2001, an
eligible retirement plan also means an annuity contract described
in Section 403(b) of the Internal Revenue Code and an eligible plan
under Section 457(b) of the Internal Revenue Code which is
maintained by a state, political subdivision of a state, or any
agency or instrumentality of a state or political subdivision of a
state and which agrees to separately account for amounts
transferred into the plan from this system. For distributions
after December 31, 2007, an eligible retirement plan also means a
Roth IRA described in Section 408A of the Internal Revenue Code:
Provided, however, That in the case of an eligible rollover
distribution after December 31, 2007, to a designated beneficiary
(other than a surviving spouse) as such term is defined in Section
402(c)(11) of the Internal Revenue Code, an eligible retirement
plan is limited to an individual retirement account or individual
retirement annuity which meets the conditions of Section 402(c)(11)
of the Internal Revenue Code.
(3) "Distributee" means an employee or former employee. In
addition, the employee's or former employee's surviving spouse and
the employee's or former employee's spouse or former spouse who is
the alternate payee under a qualified domestic relations order, as
defined in Section 414(p) of the Internal Revenue Code, as
applicable to governmental plans, are distributees with regard to the interest of the spouse or former spouse. For distributions
after December 31, 2007, "distributee" also includes a designated
beneficiary (other than a surviving spouse) as such term is defined
in Section 402(c)(11) of the Internal Revenue Code.
(4) "Direct rollover" means a payment by the system to the
eligible retirement plan.
(b) Nothing in this section may be construed as permitting
rollovers into this system or any other retirement system
administered by the board.
(a) This section applies to rollovers and transfers as
specified in this section made on or after January 1, 2002.
Notwithstanding any provision of this article to the contrary that
would otherwise prohibit or limit rollovers and plan transfers to
this system, the retirement system shall accept the following
rollovers and plan transfers on behalf of a member solely for the
purpose of purchasing permissive service credit, in whole or in
part, as otherwise provided in this article or for the repayment of
withdrawn or refunded contributions, in whole or in part, with
respect to a previous forfeiture of service credit as otherwise
provided in this article: (i) One or more rollovers within the
meaning of Section 408(d)(3) of the Internal Revenue Code from an
individual retirement account described in Section 408(a) of the
Internal Revenue Code or from an individual retirement annuity
described in Section 408(b) of the Internal Revenue Code; (ii) one
or more rollovers described in Section 402(c) of the Internal
Revenue Code from a retirement plan that is qualified under Section
401(a) of the Internal Revenue Code or from a plan described in
Section 403(b) of the Internal Revenue Code; (iii) one or more
rollovers described in Section 457(e)(16) of the Internal Revenue
Code from a governmental plan described in Section 457 of the
Internal Revenue Code; or (iv) direct trustee-to-trustee transfers
or rollovers from a plan that is qualified under Section 401(a) of the Internal Revenue Code, from a plan described in Section 403(b)
of the Internal Revenue Code or from a governmental plan described
in Section 457 of the Internal Revenue Code: Provided, That any
rollovers or transfers pursuant to this section shall be accepted
by the system only if made in cash or other asset permitted by the
board and only in accordance with the policies, practices and
procedures established by the board from time to time. For
purposes of this article, the following definitions and limitations
apply:
(1) "Permissive service credit" means service credit which is
permitted to be purchased under the terms of the retirement system
by voluntary contributions in an amount which does not exceed the
amount necessary to fund the benefit attributable to the period of
service for which the service credit is being purchased, all as
defined in Section 415(n)(3)(A) of the Internal Revenue Code:
Provided, That no more than five years of "nonqualified service
credit", as defined in Section 415(n)(3)(C) of the Internal Revenue
Code, may be included in the permissive service credit allowed to
be purchased (other than by means of a rollover or plan transfer),
and no nonqualified service credit may be included in any such
purchase (other than by means of a rollover or plan transfer)
before the member has at least five years of participation in the
retirement system.
(2) "Repayment of withdrawn or refunded contributions" means
the payment into the retirement system of the funds required pursuant to this article for the reinstatement of service credit
previously forfeited on account of any refund or withdrawal of
contributions permitted in this article, as set forth in Section
415(k)(3) of the Internal Revenue Code.
(3) Any contribution (other than by means of a rollover or
plan transfer) to purchase permissive service credit under any
provision of this article must satisfy the special limitation rules
described in Section 415(n) of the Internal Revenue Code, and shall
be automatically reduced, limited or required to be paid over
multiple years if necessary to ensure such compliance. To the
extent any such purchased permissive service credit is qualified
military service within the meaning of Section 414(u) of the
Internal Revenue Code, the limitations of Section 415 of the
Internal Revenue Code shall be applied to such purchase as
described in Section 414(u)(1)(B) of the Internal Revenue Code.
(4) For purposes of Section 415(b) of the Internal Revenue
Code, the annual benefit attributable to any rollover contribution
accepted pursuant to this section shall be determined in accordance
with Treasury Regulation §1.415(b)-1(b)(2)(v), and the excess, if
any, of the annuity payments attributable to any rollover
contribution provided under the retirement system over the annual
benefit so determined shall be taken into account when applying the
accrued benefit limitations of Section 415(b) of the Internal
Revenue Code and section twenty-eight-a of this article.
(b) Nothing in this section shall be construed as permitting rollovers or transfers into this system or any other system
administered by the retirement board other than as specified in
this section and no rollover or transfer shall be accepted into the
system in an amount greater than the amount required for the
purchase of permissive service credit or repayment of withdrawn or
refunded contributions.
(c) Nothing in this section shall be construed as permitting
the purchase of service credit or repayment of withdrawn or
refunded contributions except as otherwise permitted in this
article.
(a) The state shall not increase any existing benefits or
create any new benefits for any retirees or beneficiaries currently
receiving monthly benefit payments from the retirement system,
other than an increase in benefits or new benefits effected by
operation of law in effect on the effective date of this article,
in an amount that would exceed more than one percent of the accrued
actuarial liability of the system as of the last day of the
preceding fiscal year as determined in the annual actuarial
valuation for each plan completed for the Consolidated Public
Retirement Board as of the first day of the following fiscal year.
Any person who shall knowingly make any false statement or
shall falsify or permit to be falsified any record or records of
the retirement system in any attempt to defraud such system shall
be guilty of a misdemeanor, and, upon conviction, be punished by
a fine not exceeding one thousand dollars, or imprisonment in
jail not exceeding one year or both.
The moneys in the various funds and the right of a member to
a retirement allowance, to the return of contributions, or to any
benefit under the provisions of this article, are hereby exempt
from municipal tax; shall not be subject to execution, garnishment,
attachment or any other process whatsoever except that any benefits
or contributions under this system shall be subject to "qualified
domestic relations orders" as that term is defined in Section
414(p) of the Internal Revenue Code with respect to governmental
plans; and shall be unassignable except as is provided in this
article.
Any unexpended funds for teachers' retirement benefits,
which were appropriated from general revenue prior to the
enactment of this article, shall be credited and transferred to
the reserve fund of the retirement system.
All previous acts and parts of acts inconsistent with this
article are hereby repealed.
If any part of this article is declared unconstitutional, it
shall not affect any portion which remains, but the remaining
portions of the article shall be in full force and effect as if
the portions declared unconstitutional had never been a part of
the article.
(a) An actively contributing member of the retirement system
upon written application may borrow from his or her individual
account in the Teachers Retirement System, subject to these
restrictions:
(a) Nonteaching employees shall mean all persons, except
teachers, regularly employed for full-time service by the
following educational agencies: (a) Any county board of
education, (b) the state board of education, (c) the West
Virginia board of regents, and (d) the teachers retirement board.
Under the prior enactment of this section, the Legislature
found and declared that a compelling state interest existed in
providing a temporary, early retirement incentives program for
encouraging the early, voluntary retirement of those public
employees who were current, active, contributing members of this
retirement system on the first day of April, one thousand nine
hundred eighty-eight, in the reduction of the number of the
employees and in reduction of governmental costs for the employees.
The Legislature further found that maintaining an actuarily sound
retirement fund is essential and that the reemployment in any
manner, including reemployment on a contract basis, by the state of
any person who retired under this section is contrary to the intent
of the early retirement program and severely threatens the fiscal
integrity of the retirement fund. The early retirement program
under the prior enactment of this section, offered employees three
retirement incentive options. Any person who retired under the
provisions of the prior enactment of this section are subject to
the restrictions contained in this section.
If the retirement system is terminated or contributions are
completely discontinued, the rights of all members to benefits
accrued or contributions made to the date of such termination or
discontinuance, to the extent then funded, are not forfeited.
(a) The Legislature finds that:
(a) There is hereby created in the State Treasury a special
revenue account designated as the "Employee Pension and Health Care
Benefits Fund" to be administered by the Department of
Administration. Funds in this account may be invested in the
manner permitted by the provisions of article six, chapter twelve
of this code, with all interest income credited to this Fund.
Nothing in this article or article seven-b of this chapter
shall be construed:
As used in this article, unless the context clearly requires
a different meaning:
(1) "Annual addition" means, for purposes of the limitations
under Section 415(c) of the Internal Revenue Code, the sum credited
to a member's account for any limitation year of: (A) Employer
contributions; (B) employee contributions; and (C) forfeitures.
Repayment of cashouts or contributions as described in Section
415(k)(3) of the Internal Revenue Code, rollover contributions and
picked-up employee contributions to a defined benefit plan shall
not be treated as annual additions, consistent with the
requirements of Treasury Regulation §1.415(c)-1.
(2) "Annuity account" or "annuity" means an account
established for each member to record the deposit of member
contributions and employer contributions and interest, dividends or
other accumulations credited on behalf of the member;
(3) "Compensation" means the full compensation actually
received by members for service whether or not a part of the
compensation is received from other funds, federal or otherwise,
than those provided by the state or its subdivisions: Provided,
That annual compensation for determining contributions during any
determination period may not exceed the maximum compensation
allowed as adjusted for cost-of-living in accordance with section
seven, article ten-d, chapter five of this code and Section
401(a)(17) of the Internal Revenue Code: Provided, however, That solely for purposes of applying the limitations of Section 415 of
the Internal Revenue Code to any annual addition, "compensation"
shall have the meaning given it in subsection (d), section thirteen
of this article.
(4) "Consolidated board" or "board" means the Consolidated
Public Retirement Board created and established pursuant to article
ten-d, chapter five of this code;
(5) "Defined contribution system" or "system" means the
Teachers' Defined Contribution Retirement System created and
established by this article;
(6) "Employer" means the agency of and within the State of
West Virginia which has employed or employs a member;
(7) "Employer contribution" means an amount deposited into the
member's individual annuity account on a periodic basis coinciding
with the employee's regular pay period by an employer from its own
funds;
(8) "Existing employer"
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