WVC 18 - 2 E- 8 B
§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
(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 2013 1st Special Session
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