SB1001 SUB1 REV
Senate Bill 1001 History
OTHER VERSIONS -
Introduced Version
|
Committee Substitute (1)
|
Engrossed Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
REVISED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 1001
(By Senator Tomblin (Mr. President),
By Request of the Executive)
____________
[Originating in the Committee on Education;
reported May 16, 2010.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-2-38; and to
amend said code by adding thereto a new article, designated
§18-5D-1, §18-5D-2 and §18-5D-3, all relating to school teams
and school committees; making legislative findings; requiring
state board study; establishing purposes; authorizing waiver
of certain state board rules; authorizing creation of
collaborative teams in certain circumstances; creating
application and approval process for certain waiver requests;
providing for certain votes; and requiring certain legislative
rules.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a section, designated §18-2-38; and that said
code be amended by adding thereto a new article, designated §18-5D-
1, §18-5D-2 and §18-5D-3, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-38. School committees and school teams; legislative findings;
state board study.
(a) Legislative findings.
(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 policy 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 other 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 policy 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.
ARTICLE 5D. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM
WAIVERS.
§18-5D-1. Purpose.
The purposes of this article are as follows:
(a) 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
(b) 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.
§18-5D-2. Waiver application.
(a) Request for reorganization. -- A school may submit a
waiver application to the state board to create collaborative teams
that may replace the Strategic Planning Committee, the Technology
Team and the School Support Team required by state board rules.
Reorganization under this article may not replace the Student
Assistance Team. The waiver application shall include at least the
following information:
(1) A description of the collaborative teams including
documentation showing how the collaborative teams address each of
the following issues:
(A) Emphasizing teacher collaboration and leadership;
(B) Enhancing school and classroom effectiveness;
(C) Creating and maintaining involvement and support of
stakeholders; and
(D) Developing and implementing a coherent learner-focused
improvement plan;
(2) An explanation of how the existing membership of any
committees or teams replaced by restructured collaborative teams are provided adequate representation in the reorganization and how
the roles, responsibilities and tasks of those replaced committees
are included in the reorganization;
(3) Evidence that the employees and stakeholders who are
involved in restructured collaborative teams have entered, or will
enter, into a process of professional learning to develop 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 that their proposed
alternative to the current committee structure is more effective
and better addresses the particular needs of the school, its
students and employees.
(b) 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
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
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.
(c) When a school has met the requirements of subsection (b)
of this section, it shall submit its waiver 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.
§18-5D-3. Rulemaking.
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.