§18-2E-8b. Audit of state board policies; legislative findings; report to legislative oversight commission; required plan of improvement; exemptions from determination of accreditation status.
(a) The Legislature finds that, pursuant to its constitutional responsibility to provide for a thorough and efficient system of schools, a process for improving education was enacted and set forth in section five of this article, a process that was endorsed by the West Virginia board of education in a resolution that was adopted. The Legislature finds that the process for improving education includes four primary elements, those being standards, assessments, accountability and capacity building. The Legislature finds that as the constitutional body charged with the general supervision of schools, as provided by general law, the West Virginia board of education has the authority and responsibility to establish policies, which are not subject to approval by the Legislature, to assess performance against the standards, to hold schools and school systems accountable for meeting the standards and to assist schools and school systems to build their capacity to meet the standards, including, when necessary, seeking additional resources in consultation with the Legislature and the governor. The Legislature finds that in fulfilling its constitutional responsibility to provide for a thorough and efficient system of schools, the Legislature has been diligent in not mandating the delivery of programs that are beyond the capacity of schools and school systems without providing the necessary additional resources. The Legislature further finds, however, that concerns exist with respect to the capacity of school systems to meet certain mandates and expenses which arise either from state board policy or the need for better communication, technical assistance and support by the state board and state department of education. The Legislature finds that it is imperative that these concerns be addressed so as not to adversely affect the progress West Virginia has made toward improving its system of education or negate the excellent work of dedicated personnel at local schools and school systems to more thoroughly prepare their students for college, other post-secondary education and employment. Therefore, it is the intent of this section to engage the state board and the state department in the spirit of cooperation and collaboration intended in the process for improving education to examine the impact of their policies and the efforts being made by the state board and the state department of education to assist schools and school systems to meet them.

(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.

Note: WV Code updated with legislation passed through the 2012 1st Special Session