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Committee Substitute House Bill 109 History

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HB109 SUB
Committee Substitute

for

H. B. 109


          (By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)

          [By Request of the Executive]

          [Originating in the Committee on Education.]

(May 16, 2010)


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3, all relating to collaborative team school-based decision-making; establishing purpose; school application to state board to create teams; request to replace certain school-level committees; contents of application; local level approval prior to submission of application; state board approval; state board waiver of rules requiring certain school-level committees; exemptions granted to school from certain statutes requiring school-level committees is requested in approved application; collaborative team authorization to request waivers of state and county policies; and requiring state board rule.

Be it enacted by the Legislature of West Virginia:

     That the Code of West Virginia, 1931, as amended, 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 5D. COLLABORATIVE TEAM SCHOOL-BASED
DECISION-MAKING.
§18-5D-1. Purpose.
The purpose of this article is:
(a) To facilitate and encourage teacher collaboration by empowering schools to create alternative decision-making processes that address school and classroom improvement and by allowing for the reorganization or consolidation of certain school committees required by statutes and state board rules, including the School Curriculum Team, Strategic Planning Committee, Technology Team and 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 flexibility to teachers and principals by allowing them to determine the types of teams necessary to move the school forward.
§18-5D-2. Application to create collaborative teams; contents and approval of application; grant of rule waivers and statutory exceptions from requirements for certain school-level committees.

__________(a)
Request for reorganization. -- A school may submit an application to the state board to create collaborative teams at the school. The application may request that the collaborative teams replace any or all of the following school-level committees: The School Curriculum Team, required by section six, article five-a of this chapter, and 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 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 five, article two-e of this chapter.
__________(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, including how the authority of the school curriculum team to request waivers of state and county board policies, if this body is 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 an application to the state board:
__________(1) At least eighty percent of the faculty senate must vote in favor of the reorganization. The vote shall be conducted by secret ballot by the faculty senate chair. Before the vote, the faculty senate shall be presented with the structure, roles and responsibilities of the reorganization;
__________(2) At least eighty percent of the local school improvement council must vote in favor of the reorganization. The vote shall be conducted by chair of the council and shall be conducted within one week of the vote of the faculty senate. Before the vote, the council shall be presented with the structure, roles and responsibilities of the reorganization; and
__________(3) The county superintendent and county board must approve the waiver application.
__________(d)
State Board approval. -- After meeting the requirements of subsection (c) of this section, the school shall submit its application to the state board. Upon review and approval of the application, the state board may approve the waiver of rules requiring the Strategic Planning Committee, the Technology Team and the School Support Team as requested in the application. If an application approved by the state board requests the creation of collaborative teams that also replace the School Curriculum Team
, then the school is not subject to the provisions of section six, article five-a of this chapter, as requested in the application. The collaborative teams have the authority to request waivers of state and county board policies.
__________The school then may institute the reorganization.
§18-5D-3. State board rule.
__________The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article.


     This is a new article; therefore all of the language is underscored.
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